Santee Sioux Nation-Title XXI-Alcohol, Chapter 1.-Santee Sioux Nation Liquor Control Ordinance, 4431-4435 [2013-01268]

Download as PDF Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices started the process through a notice in the Federal Register on June 8, 2009 (74 FR 27173). For more about the refuge and our planning process, please see that notice. Located about 60 miles north of Tampa, the 30,843-acre Chassahowitzka NWR was established for wintering waterfowl and other migratory birds. In 1976, Congress designated 23,579 acres of the refuge as ‘‘Wilderness.’’ Chassahowitzka NWR is managed as a part of the Crystal River National Wildlife Refuge Complex (Complex). The refuge’s diverse ecosystems, including prime estuarine habitat, hosts a myriad and abundance of flora and fauna. The marshlands, swamplands, shallow bays, and tidal streams provide the quantity and quality of aquatic plant and animal life required to support thousands of wintering waterfowl, marsh birds and waterbirds, shorebirds, fishes, and a variety of animal species that depend on a marine environment. The refuge also has 2,560 acres of hardwood swamplands and 250 acres of upland forest. Notable imperiled species include Florida manatees and an experimental population of whooping cranes introduced to the marsh habitats over a decade ago by means of a partnership. Background The CCP Process tkelley on DSK3SPTVN1PROD with The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd–668ee) (Administration Act), as amended by the National Wildlife Refuge System Improvement Act of 1997, requires us to develop a CCP for each national wildlife refuge. The purpose for developing a CCP is to provide refuge managers with a 15-year plan for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and our policies. In addition to outlining broad management direction on conserving wildlife and their habitats, CCPs identify wildlifedependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. We will review and update the CCP at least every 15 years in accordance with the Administration Act. Comments We made copies of the Draft Comprehensive Conservation Plan and Environmental Assessment (Draft CCP/ VerDate Mar<15>2010 18:11 Jan 18, 2013 Jkt 229001 EA) available for a 30-day public review and comment period via a Federal Register notice on May 11, 2012 (77 FR 27792). We provided over 125 copies of the Draft CCP/EA to individuals or organizations requesting copies. A total of 22 individuals, organizations, and government agencies provided comments on the Draft CCP/EA by U.S. mail or email. Comments were received from many organizations, including Save the Manatee Club, Inc.; United Waterfowlers of Florida, Inc.; Citrus County Airboat Alliance; Southwest Florida Water Management District; Citrus County Planning; City of Crystal River; National Park Service, Planning and Compliance Division, Southeast Region; U.S. Geological Survey; Florida Fish and Wildlife Conservation Commission; Florida Department of State; and the Florida Clearinghouse. CCP Alternatives, Including our Preferred Alternative We developed three alternatives for managing the refuge (Alternatives A, B, and C), with Alternative C selected for implementation. This alternative relies on our extensive partnerships and promotes some new ones. We will hire a volunteer coordinator to recruit and train a volunteer corps for every program area. This alternative proposes additional staffing (a total of eight new positions for the Complex) to provide optimal resource protection and management capability. Research will include a broader suite of species, as well as habitat studies to adaptively manage for wildlife populations. The impacts of commercial and visitor use and external threats to the refuge will be studied and the results of those studies applied to refuge management and public use. Upland uses will be promoted though the development of improved facilities and access, and an observation platform and kayak landing will be added to the Dog Island facility. The addition of key positions, such as a law enforcement officer, the volunteer coordinator, and the biological and computer-mapping technicians, will allow for greater resource study, mapping, data analysis, and enforcement. The hiring of a wildlife specialist and office assistant will support staff and provide a dedicated outreach coordinator. Refuge facilities will be improved for both visitor services and personnel. The existing house that serves as the Complex headquarters will be demolished, and a new headquarters and visitor contact station will be built. We will also construct a pole barn near the maintenance shop in which to store equipment, and will make PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 4431 improvements to the maintenance area and shop. All alternatives provide for ‘‘green’’ options, materials, and energy efficiency in the design and construction of new facilities and in equipment replacement. Authority This notice is published under the authority of the National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd et seq.). Dated: August 17, 2012. Mark J. Musaus, Acting Regional Director. [FR Doc. 2013–01171 Filed 1–18–13; 8:45 am] BILLING CODE P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Santee Sioux Nation—Title XXI— Alcohol, Chapter 1.—Santee Sioux Nation Liquor Control Ordinance Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: This notice publishes the Title XXI—Alcohol, Chapter 1.—Santee Sioux Nation Liquor Control Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within the Indian Country of the Santee Sioux Nation. The land is trust land and this Ordinance allows for the possession and sale of alcoholic beverages within the jurisdiction of the Santee Sioux Nation. This Ordinance will increase the ability of the tribal government to control the distribution and possession of liquor within their jurisdiction, and at the same time will provide an important source of revenue, the strengthening of the tribal government and the delivery of tribal services. SUMMARY: Effective Date: This Ordinance is effective January 22, 2013. FOR FURTHER INFORMATION CONTACT: Danelle Daugherty, Tribal Government Officer, Great Plains Regional Office, Bureau of Indian Affairs, 115 4th Avenue SE., Aberdeen, South Dakota 57401, Phone: (605) 226–7376; Fax: (605) 226–7379: or De Springer, Office of Indian Services, Bureau of Indian Affairs, 1849 C Street NW., MS–4513– MIB, Washington, DC 20240; Telephone (202) 513–7640. SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Public Law 83–277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713 DATES: E:\FR\FM\22JAN1.SGM 22JAN1 4432 Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices (1983), the Secretary of the Interior shall certify and publish in the Federal Register notice of adopted liquor ordinances for the purpose of regulating liquor transactions in Indian country. The Santee Sioux Tribal Council adopted this Ordinance by Resolution No. FY2013–12 on December 17, 2012. This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs. I certify that the Santee Sioux Tribal Council duly adopted Title XXI— Alcohol, Chapter 1.—Santee Sioux Nation Liquor Control Ordinance by Resolution No. FY2013–12 on December 17, 2012. Dated: January 16, 2013. Kevin K. Washburn Assistant Secretary—Indian Affairs. The Santee Sioux Nation’s Title XXI— Alcohol, Chapter 1—Santee Sioux Nation Liquor Control Ordinance shall read as follows: Section 1. Title This Chapter of Title XXI of the Santee Sioux Nation Law and Order Code shall be known as the ‘‘Santee Sioux Nation Liquor Control Ordinance.’’ Section 2. Authority This Ordinance is enacted pursuant to the Act of August 15, 1953, 67 Stat. 586, codified at 18 U.S.C. Sec. 1161, by the authority of the Santee Sioux Tribal Council under the Constitution and Bylaws of the Santee Sioux Nation, Article IV, Sections 1(i) and (q). tkelley on DSK3SPTVN1PROD with Section 3. Revocation of Prior Ordinance All ordinances and resolutions of the Santee Sioux Nation regulating, authorizing, prohibiting, or in any wise dealing with the sale of liquor heretofore enacted or now in effect, including but not limited to all prior versions of the Santee Sioux Nation Liquor Control Ordinance, are hereby repealed and of no further force and effect. Section 4. General Purpose The purpose of this Ordinance is to provide civil laws for the Tribal regulation and control of liquor within the Santee Sioux Nation Reservation. This law is enacted to regulate the sale and distribution of liquor and beer products on all properties within the limits of the Santee Sioux Nation Reservation, and to generate revenue needed for Tribal programs and services. It is the legislative intent of the Tribal Council that all violations of this VerDate Mar<15>2010 18:11 Jan 18, 2013 Jkt 229001 Ordinance, whether committed by Tribal members, non-member Indians, or non-Indians be considered civil in nature rather than criminal. Section 5. Declaration of Public Policy and Purposes A. The introduction, possession, and sale of liquor on the Santee Sioux Nation Reservation are matters of special concern to the Santee Sioux Nation. B. Federal law prohibits the introduction of liquor into Indian Country (18 U.S.C. Sec. 1154 and other statutes), except as provided therein, and expressly affirms and delegates to Tribes the governmental authority to regulate and control liquor on Indian Reservations. (18 U.S.C. Sec. 1161) C. It is in the best interests of the Nation to enact a Tribal Ordinance governing liquor sales on the Reservation which provides for exclusive purchase, distribution, and sale of liquor only on Tribal lands within the exterior boundaries of the Reservation. Further, the Nation has determined and hereby requires that said purchase, distribution, and sale shall take place only at Tribally-owned gaming facility complexes and other Tribally-owned enterprises. Section 6. Definitions A. As used in the title, these words shall have the following meanings unless the context clearly requires otherwise. 1. ‘‘Alcohol’’ means that substance known as ethyl alcohol, hydrated oxide of ethyl, alcohol, ethanol, or spirits of wine, from whatever source or by whatever process produced. 2. ‘‘Bar’’ means any establishment with special space and accommodations for the sale of liquor by the glass and for consumption on the premises. 3. ‘‘Beer’’ means any alcoholic beverage obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in water. 4. ‘‘Liquor’’ includes all fermented, spirituous, vinous, or malt liquor or combinations thereof, and mixed liquor a part of which is fermented, and every liquid or solid or semisolid or other substance, patented or not, containing distilled or rectified spirits, potable alcohol, beer, wine, brandy, whiskey, rum, gin, aromatic bitters, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption and any liquid, semisolid, solid, or other substances, which contain alcohol. PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 5. ‘‘Liquor Store’’ means any store at which liquor is sold and, for the purpose of this Ordinance, including stores only a portion of which are devoted to sale of liquor. 6. ‘‘Malt Liquor’’ means beer, strong beer, ale, stout and porter. 7. ‘‘Nation’’ means the Santee Sioux Nation. 8. ‘‘Package’’ means any container or receptacle used for holding liquor. 9. ‘‘Person’’ means any natural person, firm, partnership, joint venture association, corporation, municipal corporation, estate, trust, business receiver, or any group or combination acting as a unit and the plural as well as the singular in number. 10. ‘‘Public Place’’ includes State, County, Tribal or Federal highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining room of hotels, restaurants, theaters, gaming facilities, entertainment centers, stores, garages, and filling stations which are open to and/or are generally used by the public and to which the public is permitted to have unrestricted access; public conveyances of all kinds and character; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public. 11. ‘‘Reservation’’ means all territory within the exterior boundaries of the area recognized as the Santee Sioux Nation’s Reservation and all current land and future acquired land which is located outside of said boundaries over which it is possible to extend the Nation’s jurisdiction or authority, including, without limitation, fee lands, territory consisting of Indian country of the Nation or of its members, and all property held by the United States in trust for the Nation or for a member of the Nation. 12. ‘‘Sale’’ and ‘‘Sell’’ include exchange, barter and traffic, and also include the selling or supplying or distributing of liquor, by any means whatsoever, by any person to any person. 13. ‘‘Spirits’’ means any beverage which contains alcohol obtained by distillation, including wines exceeding seventeen percent of alcohol by weight. 14. ‘‘Tribal Council’’ means the governing body of the Santee Sioux Nation. 15. ‘‘Tribal Court’’ means the Santee Sioux Nation Tribal Court. 16. ‘‘Wine’’ means any alcoholic beverage obtained by fermentation of the natural contents of fruits, vegetables, E:\FR\FM\22JAN1.SGM 22JAN1 Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices honey, milk or other products containing sugar, whether or not other ingredients are added during or after fermentation, and containing not more than seventeen percent of alcohol by weight, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding seventeen percent of alcohol by weight. tkelley on DSK3SPTVN1PROD with Section 7. Rules, Regulations and Enforcement A. It shall be a violation of this Ordinance for any person: 1. To in any manner introduce, sell, offer for sale, distribute, transport, consume, use or possess liquor on the Reservation except as expressly permitted by this Ordinance; 2. To buy liquor on the Reservation from any person other than a Triballylicensed and Tribally-owned gaming facility complex or other Triballylicensed and Tribally-owned enterprise; 3. Engaged wholly or in part in the business of carrying passengers for hire, and every agent, servant, or employee of such person, to permit any person to drink liquor in any public conveyance or for any person to consume liquor in a public conveyance; 4. Under the age of 21 years to consume, acquire or have in possession any liquor. No person owning or controlling a premises shall permit any other person under the age of 21 to consume liquor on such premises except as expressly exempted by this Ordinance; 5. To sell or provide any liquor to any person under the age of 21 years; 6. To transfer in any manner an identification of age to a person under the age of 21 years for the purpose of permitting such person to obtain liquor; provided, that there is corroborative testimony of a witness other than the underage person; 7. To attempt to purchase liquor through the use of false or altered identification which falsely purports to show the individual as being over the age of 21 years; or 8. To possess, introduce or consume liquor at a place or premises that is or would be considered a public, common or other nuisance under any Tribal, State or Federal statutory or common law. B. Any person who promotes any activity or owns or controls land on which there is any activity that is a violation of this Ordinance shall be liable for and subject to the same penalties and proceedings as the person who directly commits the violation. C. Any person who commits a violation of this Ordinance shall be VerDate Mar<15>2010 18:11 Jan 18, 2013 Jkt 229001 liable to pay the Nation up to $5,000 per violation as civil penalties. D. When requested by the provider of liquor, every person shall be required to present official documentation of the bearer’s age, signature, and photograph. Official documentation includes one of the following: 1. Driver’s license or identification card; 2. United States Active Duty Military card; or 3. Passport. E. Liquor which is possessed contrary to the terms of this Ordinance is declared to be contraband. Any Tribal agent, employee, or officer who is authorized by the Tribal Council to enforce this Ordinance shall seize all contraband and preserve it in accordance with the provisions established for the preservation of impounded property. Upon being found in violation of the Ordinance, the party shall forfeit all right, title and interest in the items seized which shall become the property of the Nation. Section 8. Abatement A. Any room, house, building, vehicle, structure, land, or other place where liquor is sold, manufactured, bartered, exchanged, given away, furnished, consumed or possessed or otherwise disposed of in violation of the provisions of this Ordinance or of any other Tribal law, and all property kept in and used in maintaining such place, is hereby declared to be a nuisance. B. The Chairman of the Tribal Council or, if the Chairman fails or refuses to do so, by a majority vote, the Tribal Council may institute and maintain an action in the Tribal Court in the name of the Nation to abate and perpetually enjoin any nuisance declared under this Article. In addition to other remedies at Tribal law, depending upon the severity of past offenses, the risk of offenses in the future, the effect of the violator’s activity on public health, safety or welfare and any other appropriate criteria, the Tribal Court may order the room, house, building, vehicle, structure, land, or place closed or it may require the owner, lessee, tenant, or occupant thereof to give bond payable to the Nation, of sufficient sum and conditioned that liquor will not be thereafter manufactured, kept, sold, bartered, exchanged, given away, furnished, possessed, consumed, or otherwise disposed of in violation of the provisions of this Ordinance or of any other applicable Tribal law and that such person will pay all penalties, fees, costs, and damages assessed against him for any violation of this Ordinance or other Tribal laws. If any conditions of PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 4433 the bond be violated, the bond may be applied to satisfy any amounts due to the Nation. No order or injunction closing any business for a violation of this Ordinance shall be issued without granting the opportunity to have a full evidentiary and adversary hearing. C. In all cases where any person has been found in violation of this Ordinance, an action may be brought to abate as a nuisance any real estate or other property involved in the violation of the Ordinance, and violation of this Ordinance shall be prima facie evidence that the room, house, building, vehicle, structure, land or place against which such action is brought is a public nuisance. Section 9. Powers of Enforcement A. In furtherance of this Ordinance, the Tribal Council shall have the following powers and duties: 1. To publish and enforce rules and regulations governing liquor on the Reservation; 2. To employ managers, accountants, security personnel, inspectors and such other persons as shall be reasonably necessary to allow the Tribal Council to perform its functions; 3. To issue licenses permitting the sale, manufacture or distribution of liquor on the Reservation; 4. To bring proceedings in the Tribal Court or other appropriate forum to enforce this Ordinance as necessary; 5. To seek penalties, taxes, damages, fees, and other appropriate remedies, orders and injunctions for the violation of this Ordinance; 6. To make such reports as may be required; and 7. To collect taxes and fees levied or set by the Tribal Council and to keep accurate records, books, and accounts. B. In the exercise of its powers and duties under this Ordinance, the Tribal Council and its individual members shall not: 1. Accept any gratuity, compensation or other thing of value from any liquor wholesaler, retailer, or distributor or from any licensee; 2. Waive the immunity of the Nation from suit without the express written consent and resolution of the Tribal Council. C. Inspection Rights. All premises on which liquor is sold, consumed, possessed, or distributed shall be open for inspection by the Tribal Council or its designee at all reasonable times for the purpose of ascertaining whether the rules and regulations of the Tribal Council and this Ordinance are being complied with. D. Hearings and Appeals. Violations of this Ordinance shall be deemed a E:\FR\FM\22JAN1.SGM 22JAN1 4434 Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices civil offense against the Nation. Civil actions by the Nation against violators may proceed in hearings initiated and held by the Nation’s Tax Commissioner or other hearing officer designated by Tribal Council. Any such civil proceeding shall comply with all due process requirements of the Indian Civil Rights Act. The Tax Commissioner or the designee may impose penalties, damages, costs, taxes and attorneys’ fees and take any other actions reasonably necessary to carry out this Ordinance. Liabilities imposed under this Ordinance shall be a lien upon the violator’s property located on the Reservation until paid and may be enforced and executed upon through the Tribal Court. Orders issued hereunder may be appealed to Tribal Court and considered under the arbitrary and capricious standard of review. tkelley on DSK3SPTVN1PROD with Section 10. Sales of Liquor A. License Required. Sales of liquor on the Reservation may only be made at businesses which hold a Santee Sioux Nation Liquor License. B. Sales for Cash. All liquor sales on the Reservation shall be on a cash only basis and no credit shall be extended to any person, organization, or entity, except that the provision does not prevent the payment for purchases with use of credit cards such as Visa, MasterCard, American Express, etc. C. Sale for Personal Consumption. All sales shall be for the personal use and consumption of the purchaser. Resale of any liquor on the Reservation is prohibited. Any person (including but not limited to any Tribally-owned enterprise) who is not licensed pursuant to this Ordinance and who purchases liquor on the Reservation and sells it, whether in the original container or not, shall violate this Ordinance. Section 11. Licensing A. Procedure. In order to control the consumption of liquor and the proliferation of establishments on the Reservation which sell or serve liquor by the bottle or by the drink, all Tribally-owned enterprises which desire to sell liquor on the Reservation must apply to the Nation for a license. B. Application. Any Tribally-owned enterprise applying for a license to sell or serve liquor on the Reservation must fill in the application provided for this purpose by the Nation and pay such application fee as may be set from time to time by the Tribal Council for this purpose. Said application must be filled out completely in order to be considered. C. Issuance of License. The Tribal Council may issue a license if it believes VerDate Mar<15>2010 18:11 Jan 18, 2013 Jkt 229001 that such issuance is in the best interests of the Nation. This Ordinance permits Tribally-licensed liquor sales and consumption at gaming facility complexes and other Tribally-owned enterprises on the Reservation. Issuance of a license for any other purposes will not be considered to be in the best interests of the Nation. D. Period of License. Each license may be issued for a period not to exceed two (2) years from the date of issuance. E. Renewal of License. A licensee may renew its license if the licensee has complied in full with this Ordinance, provided however that the Tribal Council may refuse to renew a license if it finds that doing so would not be in the best interests of the health and safety of the Nation. F. Revocation of License. The Tribal Council may suspend or revoke a license due to one or more violations of this Ordinance upon notice and hearing at which the licensee is given an opportunity to respond to any charges against it and to demonstrate why the license should not be suspended or revoked. G. Hearings. Within 15 days after a licensee is mailed written notice of a proposed suspension or revocation of the license, of the imposition of penalties or of other adverse action proposed by the Tribal Council under this Ordinance, the licensee may deliver to the Tribal Council a written request for hearing on whether the proposed action should be taken. A hearing on the issues shall be held before a person or persons appointed by the Tribal Council and a written decision will be issued. Such decisions will be considered final unless an appeal is filed exclusively with the Tribal Court within 15 days of the date of mailing the decision to the licensee. The Tribal Court will then conduct a hearing and will issue an order using an arbitrary and capricious standard of review. All proceedings conducted under this and any other sections of this Ordinance shall be in accordance with due process of law. The responsibility, duty, and burden shall be on the licensee to keep its address for receiving adverse actions or decisions updated and available to the Tribal Council and to accept any certified mail from the Tribe or its designee for the purposes of communicating such adverse actions or decisions. H. Non-transferability of Licenses. Licenses issued by the Tribal Council shall not be transferable and may only be utilized by the person or entity in whose name it was issued. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 Section 12. Taxes A. Sales Tax. The Tribal Council shall have the authority, as may subsequently be specified under Tribal law, to levy and to collect a tax on each retail sale of liquor on the Reservation based upon a percent of the retail sales price. All taxes from the sale of liquor on the Reservation shall be paid over to the General Treasury of the Nation. B. Taxes Due. All taxes for the sale of liquor on the Reservation are due on the 15th day of the month following the end of the calendar quarter for which the taxes are due or on such other dates as specified by Tribal regulation. C. Delinquent Taxes. Past due taxes shall accrue interest at 2% per month. D. Reports. Along with payment of the taxes imposed herein, the taxpayer shall submit a quarterly accounting of all income from the sale or distribution of liquor, as well as for the taxes collected. E. Audit. As a condition of obtaining a license, the licensee must agree to the review or audit of its book and records relating to the sale of liquor on the Reservation. Said review or audit may be done periodically by the Nation or through its agents or employees whenever, in the opinion of the Tribal Council, such a review or audit is necessary to verify the accuracy of reports. Section 13. Revenue Revenue collected under this Ordinance, from whatever source, shall be expended for administrative costs incurred in the enforcement of this Ordinance. Excess funds shall be subject to appropriation by the Tribal Council for governmental and social services, including, but not limited to, education, prevention and treatment programs to fight alcohol abuse on the Reservation. Section 14. Exceptions A. The introduction, distribution, transport, consumption, sale, offer for sale, use, consumption and possession of liquor is permitted: 1. For consumption at a gaming facility complex or other Triballyowned enterprise; 2. For scientific research or manufacturing products other than liquor; 3. For medical use under the direction of a physician, medical or dental clinic, or hospital; 4. For preparations not fit for human consumption such as cleaning compounds and toilet products, and for flavoring extracts; or 5. For sacramental use such as wines delivered to priests, rabbis, and ministers. E:\FR\FM\22JAN1.SGM 22JAN1 Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices B. The introduction, distribution, transport, consumption, use and possession of liquor for personal consumption by a person legally present on private, non-commercial property are permitted, subject to applicable Tribal law. C. These exceptions shall be narrowly construed. Section 15. Compliance with 18 U.S.C. 1161 The Nation will comply with Nebraska liquor laws to the extent required by 18 U.S.C. 1161. Section 16. Severability and Effective Date A. If any provision or application of this Ordinance is determined by review to be invalid, such determination shall not be held to render ineffectual the remaining portions of this Ordinance or to render such provisions inapplicable to other persons or circumstances. B. This Ordinance is effective immediately upon publication in the Federal Register. Section 17. Amendment and Construction A. This Ordinance may only be amended by a vote of the Tribal Council or as otherwise allowed by Tribal law and all such amendments shall not be effective until thirty days after the date of publication in the Federal Register. B. Nothing in this Ordinance shall be construed to diminish or impair in any way the rights or sovereign powers of the Nation or Tribal government. [FR Doc. 2013–01268 Filed 1–18–13; 8:45 am] BILLING CODE 4310–4J–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLAZ910000.L13400000.DT0000. LXSS058A0000] Notice of Availability of the Restoration Design Energy Project Record of Decision/Approved Resource Management Plan Amendments, AZ AGENCY: Bureau of Land Management, Interior. Notice of availability. ACTION: The Bureau of Land Management (BLM) announces the availability of the Restoration Design Energy Project (RDEP) Record of Decision (ROD)/approved Resource Management Plan (RMP) amendments for BLM-administered lands in Arizona. The Arizona State Director signed the ROD on January 18, 2013, which tkelley on DSK3SPTVN1PROD with SUMMARY: VerDate Mar<15>2010 18:11 Jan 18, 2013 Jkt 229001 constitutes the BLM’s final decision and makes the approved RMP amendments effective immediately. ADDRESSES: Copies of the ROD/ approved RMP amendments are available upon request from the BLM, Arizona State Office, One North Central Avenue, Suite 800, Phoenix, AZ 85004– 4427 or via the Internet at http:// www.blm.gov/az/st/en/prog/energy/arra _solar.htm. Copies of the ROD/approved RMP amendments are also available for public inspection at the Arizona State Office. FOR FURTHER INFORMATION CONTACT: Kathy Pedrick, BLM Project Manager; telephone: 602–417–9235; mail: One North Central Avenue, Suite 800, Phoenix, AZ 85004–4427; or email: az_ arra_rdep@blm.gov. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: The RDEP supports the Secretary of the Interior’s goals to build America’s new energy future and to protect and restore treasured landscapes. The purpose of the RDEP was to conduct statewide planning that fosters environmentally responsible development of renewable energy and allows the permitting of future renewable energy development projects to proceed in a more efficient and standardized manner. The RDEP ROD identifies geographic areas best suited for renewable energy development and establishes a baseline set of environmental protection measures for such projects. A total of 192,100 acres are identified as Renewable Energy Development Areas (REDAs) in the ROD/approved RMP amendments. The following BLM RMPs are amended through the RDEP ROD to incorporate the identification of REDAs and environmental protection measures, as appropriate: Bradshaw-Harquahala RMP (2010); Arizona Strip Field Office RMP (2008); Kingman Resource Area RMP (1995); Lake Havasu Field Office RMP (2007); Lower Sonoran RMP (2012); Phoenix RMP (1988); Safford District RMP (1991); and Yuma Field Office RMP (2010). Additionally, the BLM is amending the Yuma Field Office RMP through this ROD to designate the Agua Caliente Solar Energy Zone (SEZ), identify SEZ-specific design features, change the Visual Resource Management (VRM) class from VRM PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 4435 class III to VRM class IV for lands within the 2,550-acre SEZ, and remove the Special Recreation Management Area designation and Wildlife Habitat Management Area allocations from within the SEZ. The preferred alternative as described in the RDEP Draft Environmental Impact Statement (EIS) was carried forward with some modifications into the Final EIS/proposed RMP amendments, published in the Federal Register on October 26, 2012 (77 FR 65401) and November 2, 2012 (77 FR 66183). There are no appealable decisions within the ROD/approved RMP amendments. The BLM did not receive any protest letters on the RDEP Final EIS/proposed RMP amendments. However, the BLM Arizona State Director did receive four comment letters on the RDEP Final EIS; the comments were reviewed for content, and the ROD includes a discussion of the clarifications made as a result of the comment letters. No inconsistencies with State or local plans, policies, or programs were identified during the Governor’s consistency review of the RDEP Final EIS/proposed RMP amendments. The approved RMP amendments are the same as Alternative 6 described in the RDEP Final EIS/proposed RMP amendments with only minor editorial modifications made in preparing the ROD/approved RMP amendments. The ROD/approved RMP amendments can be accessed at the RDEP Web site: http://www.blm.gov/az/st/en/prog/ energy/arra_solar.htm. Authority: 40 CFR 1505.2 and 43 CFR 1610.5–1. Raymond Suazo, Arizona State Director. [FR Doc. 2013–01193 Filed 1–18–13; 8:45 am] BILLING CODE 4310–32–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLAK930000 L16100000.DU0000.12XL] BLM Director’s Response to the Alaska Governor’s Appeal of the BLM Alaska State Director’s Governor’s Consistency Review Determination Bureau of Land Management, Interior. ACTION: Notice. AGENCY: The Bureau of Land Management (BLM) is publishing this notice to explain why the BLM Director is rejecting the Alaska Governor’s recommendations regarding the Environmental Assessment and Finding SUMMARY: E:\FR\FM\22JAN1.SGM 22JAN1

Agencies

[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Notices]
[Pages 4431-4435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01268]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Santee Sioux Nation--Title XXI--Alcohol, Chapter 1.--Santee Sioux 
Nation Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice publishes the Title XXI--Alcohol, Chapter 1.--
Santee Sioux Nation Liquor Control Ordinance. The Ordinance regulates 
and controls the possession, sale and consumption of liquor within the 
Indian Country of the Santee Sioux Nation. The land is trust land and 
this Ordinance allows for the possession and sale of alcoholic 
beverages within the jurisdiction of the Santee Sioux Nation. This 
Ordinance will increase the ability of the tribal government to control 
the distribution and possession of liquor within their jurisdiction, 
and at the same time will provide an important source of revenue, the 
strengthening of the tribal government and the delivery of tribal 
services.

DATES: Effective Date: This Ordinance is effective January 22, 2013.

FOR FURTHER INFORMATION CONTACT: Danelle Daugherty, Tribal Government 
Officer, Great Plains Regional Office, Bureau of Indian Affairs, 115 
4th Avenue SE., Aberdeen, South Dakota 57401, Phone: (605) 226-7376; 
Fax: (605) 226-7379: or De Springer, Office of Indian Services, Bureau 
of Indian Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 
20240; Telephone (202) 513-7640.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713

[[Page 4432]]

(1983), the Secretary of the Interior shall certify and publish in the 
Federal Register notice of adopted liquor ordinances for the purpose of 
regulating liquor transactions in Indian country. The Santee Sioux 
Tribal Council adopted this Ordinance by Resolution No. FY2013-12 on 
December 17, 2012.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs. I certify that the Santee Sioux Tribal Council duly adopted 
Title XXI--Alcohol, Chapter 1.--Santee Sioux Nation Liquor Control 
Ordinance by Resolution No. FY2013-12 on December 17, 2012.

    Dated: January 16, 2013.
Kevin K. Washburn
Assistant Secretary--Indian Affairs.

    The Santee Sioux Nation's Title XXI--Alcohol, Chapter 1--Santee 
Sioux Nation Liquor Control Ordinance shall read as follows:

Section 1. Title

    This Chapter of Title XXI of the Santee Sioux Nation Law and Order 
Code shall be known as the ``Santee Sioux Nation Liquor Control 
Ordinance.''

Section 2. Authority

    This Ordinance is enacted pursuant to the Act of August 15, 1953, 
67 Stat. 586, codified at 18 U.S.C. Sec. 1161, by the authority of the 
Santee Sioux Tribal Council under the Constitution and Bylaws of the 
Santee Sioux Nation, Article IV, Sections 1(i) and (q).

Section 3. Revocation of Prior Ordinance

    All ordinances and resolutions of the Santee Sioux Nation 
regulating, authorizing, prohibiting, or in any wise dealing with the 
sale of liquor heretofore enacted or now in effect, including but not 
limited to all prior versions of the Santee Sioux Nation Liquor Control 
Ordinance, are hereby repealed and of no further force and effect.

Section 4. General Purpose

    The purpose of this Ordinance is to provide civil laws for the 
Tribal regulation and control of liquor within the Santee Sioux Nation 
Reservation. This law is enacted to regulate the sale and distribution 
of liquor and beer products on all properties within the limits of the 
Santee Sioux Nation Reservation, and to generate revenue needed for 
Tribal programs and services. It is the legislative intent of the 
Tribal Council that all violations of this Ordinance, whether committed 
by Tribal members, non-member Indians, or non-Indians be considered 
civil in nature rather than criminal.

Section 5. Declaration of Public Policy and Purposes

    A. The introduction, possession, and sale of liquor on the Santee 
Sioux Nation Reservation are matters of special concern to the Santee 
Sioux Nation.
    B. Federal law prohibits the introduction of liquor into Indian 
Country (18 U.S.C. Sec. 1154 and other statutes), except as provided 
therein, and expressly affirms and delegates to Tribes the governmental 
authority to regulate and control liquor on Indian Reservations. (18 
U.S.C. Sec. 1161)
    C. It is in the best interests of the Nation to enact a Tribal 
Ordinance governing liquor sales on the Reservation which provides for 
exclusive purchase, distribution, and sale of liquor only on Tribal 
lands within the exterior boundaries of the Reservation. Further, the 
Nation has determined and hereby requires that said purchase, 
distribution, and sale shall take place only at Tribally-owned gaming 
facility complexes and other Tribally-owned enterprises.

Section 6. Definitions

    A. As used in the title, these words shall have the following 
meanings unless the context clearly requires otherwise.
    1. ``Alcohol'' means that substance known as ethyl alcohol, 
hydrated oxide of ethyl, alcohol, ethanol, or spirits of wine, from 
whatever source or by whatever process produced.
    2. ``Bar'' means any establishment with special space and 
accommodations for the sale of liquor by the glass and for consumption 
on the premises.
    3. ``Beer'' means any alcoholic beverage obtained by the alcoholic 
fermentation of an infusion or decoction of pure hops, or pure extract 
of hops and pure barley malt or other wholesome grain or cereal in 
water.
    4. ``Liquor'' includes all fermented, spirituous, vinous, or malt 
liquor or combinations thereof, and mixed liquor a part of which is 
fermented, and every liquid or solid or semisolid or other substance, 
patented or not, containing distilled or rectified spirits, potable 
alcohol, beer, wine, brandy, whiskey, rum, gin, aromatic bitters, and 
all drinks or drinkable liquids and all preparations or mixtures 
capable of human consumption and any liquid, semisolid, solid, or other 
substances, which contain alcohol.
    5. ``Liquor Store'' means any store at which liquor is sold and, 
for the purpose of this Ordinance, including stores only a portion of 
which are devoted to sale of liquor.
    6. ``Malt Liquor'' means beer, strong beer, ale, stout and porter.
    7. ``Nation'' means the Santee Sioux Nation.
    8. ``Package'' means any container or receptacle used for holding 
liquor.
    9. ``Person'' means any natural person, firm, partnership, joint 
venture association, corporation, municipal corporation, estate, trust, 
business receiver, or any group or combination acting as a unit and the 
plural as well as the singular in number.
    10. ``Public Place'' includes State, County, Tribal or Federal 
highways or roads; buildings and grounds used for school purposes; 
public dance halls and grounds adjacent thereto; soft drink 
establishments, public buildings, public meeting halls, lobbies, halls 
and dining room of hotels, restaurants, theaters, gaming facilities, 
entertainment centers, stores, garages, and filling stations which are 
open to and/or are generally used by the public and to which the public 
is permitted to have unrestricted access; public conveyances of all 
kinds and character; and all other places of like or similar nature to 
which the general public has unrestricted right of access, and which 
are generally used by the public.
    11. ``Reservation'' means all territory within the exterior 
boundaries of the area recognized as the Santee Sioux Nation's 
Reservation and all current land and future acquired land which is 
located outside of said boundaries over which it is possible to extend 
the Nation's jurisdiction or authority, including, without limitation, 
fee lands, territory consisting of Indian country of the Nation or of 
its members, and all property held by the United States in trust for 
the Nation or for a member of the Nation.
    12. ``Sale'' and ``Sell'' include exchange, barter and traffic, and 
also include the selling or supplying or distributing of liquor, by any 
means whatsoever, by any person to any person.
    13. ``Spirits'' means any beverage which contains alcohol obtained 
by distillation, including wines exceeding seventeen percent of alcohol 
by weight.
    14. ``Tribal Council'' means the governing body of the Santee Sioux 
Nation.
    15. ``Tribal Court'' means the Santee Sioux Nation Tribal Court.
    16. ``Wine'' means any alcoholic beverage obtained by fermentation 
of the natural contents of fruits, vegetables,

[[Page 4433]]

honey, milk or other products containing sugar, whether or not other 
ingredients are added during or after fermentation, and containing not 
more than seventeen percent of alcohol by weight, including sweet wines 
fortified with wine spirits, such as port, sherry, muscatel and 
angelica, not exceeding seventeen percent of alcohol by weight.

Section 7. Rules, Regulations and Enforcement

    A. It shall be a violation of this Ordinance for any person:
    1. To in any manner introduce, sell, offer for sale, distribute, 
transport, consume, use or possess liquor on the Reservation except as 
expressly permitted by this Ordinance;
    2. To buy liquor on the Reservation from any person other than a 
Tribally-licensed and Tribally-owned gaming facility complex or other 
Tribally-licensed and Tribally-owned enterprise;
    3. Engaged wholly or in part in the business of carrying passengers 
for hire, and every agent, servant, or employee of such person, to 
permit any person to drink liquor in any public conveyance or for any 
person to consume liquor in a public conveyance;
    4. Under the age of 21 years to consume, acquire or have in 
possession any liquor. No person owning or controlling a premises shall 
permit any other person under the age of 21 to consume liquor on such 
premises except as expressly exempted by this Ordinance;
    5. To sell or provide any liquor to any person under the age of 21 
years;
    6. To transfer in any manner an identification of age to a person 
under the age of 21 years for the purpose of permitting such person to 
obtain liquor; provided, that there is corroborative testimony of a 
witness other than the underage person;
    7. To attempt to purchase liquor through the use of false or 
altered identification which falsely purports to show the individual as 
being over the age of 21 years; or
    8. To possess, introduce or consume liquor at a place or premises 
that is or would be considered a public, common or other nuisance under 
any Tribal, State or Federal statutory or common law.
    B. Any person who promotes any activity or owns or controls land on 
which there is any activity that is a violation of this Ordinance shall 
be liable for and subject to the same penalties and proceedings as the 
person who directly commits the violation.
    C. Any person who commits a violation of this Ordinance shall be 
liable to pay the Nation up to $5,000 per violation as civil penalties.
    D. When requested by the provider of liquor, every person shall be 
required to present official documentation of the bearer's age, 
signature, and photograph. Official documentation includes one of the 
following:
    1. Driver's license or identification card;
    2. United States Active Duty Military card; or
    3. Passport.
    E. Liquor which is possessed contrary to the terms of this 
Ordinance is declared to be contraband. Any Tribal agent, employee, or 
officer who is authorized by the Tribal Council to enforce this 
Ordinance shall seize all contraband and preserve it in accordance with 
the provisions established for the preservation of impounded property. 
Upon being found in violation of the Ordinance, the party shall forfeit 
all right, title and interest in the items seized which shall become 
the property of the Nation.

Section 8. Abatement

    A. Any room, house, building, vehicle, structure, land, or other 
place where liquor is sold, manufactured, bartered, exchanged, given 
away, furnished, consumed or possessed or otherwise disposed of in 
violation of the provisions of this Ordinance or of any other Tribal 
law, and all property kept in and used in maintaining such place, is 
hereby declared to be a nuisance.
    B. The Chairman of the Tribal Council or, if the Chairman fails or 
refuses to do so, by a majority vote, the Tribal Council may institute 
and maintain an action in the Tribal Court in the name of the Nation to 
abate and perpetually enjoin any nuisance declared under this Article. 
In addition to other remedies at Tribal law, depending upon the 
severity of past offenses, the risk of offenses in the future, the 
effect of the violator's activity on public health, safety or welfare 
and any other appropriate criteria, the Tribal Court may order the 
room, house, building, vehicle, structure, land, or place closed or it 
may require the owner, lessee, tenant, or occupant thereof to give bond 
payable to the Nation, of sufficient sum and conditioned that liquor 
will not be thereafter manufactured, kept, sold, bartered, exchanged, 
given away, furnished, possessed, consumed, or otherwise disposed of in 
violation of the provisions of this Ordinance or of any other 
applicable Tribal law and that such person will pay all penalties, 
fees, costs, and damages assessed against him for any violation of this 
Ordinance or other Tribal laws. If any conditions of the bond be 
violated, the bond may be applied to satisfy any amounts due to the 
Nation. No order or injunction closing any business for a violation of 
this Ordinance shall be issued without granting the opportunity to have 
a full evidentiary and adversary hearing.
    C. In all cases where any person has been found in violation of 
this Ordinance, an action may be brought to abate as a nuisance any 
real estate or other property involved in the violation of the 
Ordinance, and violation of this Ordinance shall be prima facie 
evidence that the room, house, building, vehicle, structure, land or 
place against which such action is brought is a public nuisance.

Section 9. Powers of Enforcement

    A. In furtherance of this Ordinance, the Tribal Council shall have 
the following powers and duties:
    1. To publish and enforce rules and regulations governing liquor on 
the Reservation;
    2. To employ managers, accountants, security personnel, inspectors 
and such other persons as shall be reasonably necessary to allow the 
Tribal Council to perform its functions;
    3. To issue licenses permitting the sale, manufacture or 
distribution of liquor on the Reservation;
    4. To bring proceedings in the Tribal Court or other appropriate 
forum to enforce this Ordinance as necessary;
    5. To seek penalties, taxes, damages, fees, and other appropriate 
remedies, orders and injunctions for the violation of this Ordinance;
    6. To make such reports as may be required; and
    7. To collect taxes and fees levied or set by the Tribal Council 
and to keep accurate records, books, and accounts.
    B. In the exercise of its powers and duties under this Ordinance, 
the Tribal Council and its individual members shall not:
    1. Accept any gratuity, compensation or other thing of value from 
any liquor wholesaler, retailer, or distributor or from any licensee;
    2. Waive the immunity of the Nation from suit without the express 
written consent and resolution of the Tribal Council.
    C. Inspection Rights. All premises on which liquor is sold, 
consumed, possessed, or distributed shall be open for inspection by the 
Tribal Council or its designee at all reasonable times for the purpose 
of ascertaining whether the rules and regulations of the Tribal Council 
and this Ordinance are being complied with.
    D. Hearings and Appeals. Violations of this Ordinance shall be 
deemed a

[[Page 4434]]

civil offense against the Nation. Civil actions by the Nation against 
violators may proceed in hearings initiated and held by the Nation's 
Tax Commissioner or other hearing officer designated by Tribal Council. 
Any such civil proceeding shall comply with all due process 
requirements of the Indian Civil Rights Act. The Tax Commissioner or 
the designee may impose penalties, damages, costs, taxes and attorneys' 
fees and take any other actions reasonably necessary to carry out this 
Ordinance. Liabilities imposed under this Ordinance shall be a lien 
upon the violator's property located on the Reservation until paid and 
may be enforced and executed upon through the Tribal Court. Orders 
issued hereunder may be appealed to Tribal Court and considered under 
the arbitrary and capricious standard of review.

Section 10. Sales of Liquor

    A. License Required. Sales of liquor on the Reservation may only be 
made at businesses which hold a Santee Sioux Nation Liquor License.
    B. Sales for Cash. All liquor sales on the Reservation shall be on 
a cash only basis and no credit shall be extended to any person, 
organization, or entity, except that the provision does not prevent the 
payment for purchases with use of credit cards such as Visa, 
MasterCard, American Express, etc.
    C. Sale for Personal Consumption. All sales shall be for the 
personal use and consumption of the purchaser. Resale of any liquor on 
the Reservation is prohibited. Any person (including but not limited to 
any Tribally-owned enterprise) who is not licensed pursuant to this 
Ordinance and who purchases liquor on the Reservation and sells it, 
whether in the original container or not, shall violate this Ordinance.

Section 11. Licensing

    A. Procedure. In order to control the consumption of liquor and the 
proliferation of establishments on the Reservation which sell or serve 
liquor by the bottle or by the drink, all Tribally-owned enterprises 
which desire to sell liquor on the Reservation must apply to the Nation 
for a license.
    B. Application. Any Tribally-owned enterprise applying for a 
license to sell or serve liquor on the Reservation must fill in the 
application provided for this purpose by the Nation and pay such 
application fee as may be set from time to time by the Tribal Council 
for this purpose. Said application must be filled out completely in 
order to be considered.
    C. Issuance of License. The Tribal Council may issue a license if 
it believes that such issuance is in the best interests of the Nation. 
This Ordinance permits Tribally-licensed liquor sales and consumption 
at gaming facility complexes and other Tribally-owned enterprises on 
the Reservation. Issuance of a license for any other purposes will not 
be considered to be in the best interests of the Nation.
    D. Period of License. Each license may be issued for a period not 
to exceed two (2) years from the date of issuance.
    E. Renewal of License. A licensee may renew its license if the 
licensee has complied in full with this Ordinance, provided however 
that the Tribal Council may refuse to renew a license if it finds that 
doing so would not be in the best interests of the health and safety of 
the Nation.
    F. Revocation of License. The Tribal Council may suspend or revoke 
a license due to one or more violations of this Ordinance upon notice 
and hearing at which the licensee is given an opportunity to respond to 
any charges against it and to demonstrate why the license should not be 
suspended or revoked.
    G. Hearings. Within 15 days after a licensee is mailed written 
notice of a proposed suspension or revocation of the license, of the 
imposition of penalties or of other adverse action proposed by the 
Tribal Council under this Ordinance, the licensee may deliver to the 
Tribal Council a written request for hearing on whether the proposed 
action should be taken. A hearing on the issues shall be held before a 
person or persons appointed by the Tribal Council and a written 
decision will be issued. Such decisions will be considered final unless 
an appeal is filed exclusively with the Tribal Court within 15 days of 
the date of mailing the decision to the licensee. The Tribal Court will 
then conduct a hearing and will issue an order using an arbitrary and 
capricious standard of review. All proceedings conducted under this and 
any other sections of this Ordinance shall be in accordance with due 
process of law. The responsibility, duty, and burden shall be on the 
licensee to keep its address for receiving adverse actions or decisions 
updated and available to the Tribal Council and to accept any certified 
mail from the Tribe or its designee for the purposes of communicating 
such adverse actions or decisions.
    H. Non-transferability of Licenses. Licenses issued by the Tribal 
Council shall not be transferable and may only be utilized by the 
person or entity in whose name it was issued.

Section 12. Taxes

    A. Sales Tax. The Tribal Council shall have the authority, as may 
subsequently be specified under Tribal law, to levy and to collect a 
tax on each retail sale of liquor on the Reservation based upon a 
percent of the retail sales price. All taxes from the sale of liquor on 
the Reservation shall be paid over to the General Treasury of the 
Nation.
    B. Taxes Due. All taxes for the sale of liquor on the Reservation 
are due on the 15th day of the month following the end of the calendar 
quarter for which the taxes are due or on such other dates as specified 
by Tribal regulation.
    C. Delinquent Taxes. Past due taxes shall accrue interest at 2% per 
month.
    D. Reports. Along with payment of the taxes imposed herein, the 
taxpayer shall submit a quarterly accounting of all income from the 
sale or distribution of liquor, as well as for the taxes collected.
    E. Audit. As a condition of obtaining a license, the licensee must 
agree to the review or audit of its book and records relating to the 
sale of liquor on the Reservation. Said review or audit may be done 
periodically by the Nation or through its agents or employees whenever, 
in the opinion of the Tribal Council, such a review or audit is 
necessary to verify the accuracy of reports.

Section 13. Revenue

    Revenue collected under this Ordinance, from whatever source, shall 
be expended for administrative costs incurred in the enforcement of 
this Ordinance. Excess funds shall be subject to appropriation by the 
Tribal Council for governmental and social services, including, but not 
limited to, education, prevention and treatment programs to fight 
alcohol abuse on the Reservation.

Section 14. Exceptions

    A. The introduction, distribution, transport, consumption, sale, 
offer for sale, use, consumption and possession of liquor is permitted:
    1. For consumption at a gaming facility complex or other Tribally-
owned enterprise;
    2. For scientific research or manufacturing products other than 
liquor;
    3. For medical use under the direction of a physician, medical or 
dental clinic, or hospital;
    4. For preparations not fit for human consumption such as cleaning 
compounds and toilet products, and for flavoring extracts; or
    5. For sacramental use such as wines delivered to priests, rabbis, 
and ministers.

[[Page 4435]]

    B. The introduction, distribution, transport, consumption, use and 
possession of liquor for personal consumption by a person legally 
present on private, non-commercial property are permitted, subject to 
applicable Tribal law.
    C. These exceptions shall be narrowly construed.

Section 15. Compliance with 18 U.S.C. 1161

    The Nation will comply with Nebraska liquor laws to the extent 
required by 18 U.S.C. 1161.

Section 16. Severability and Effective Date

    A. If any provision or application of this Ordinance is determined 
by review to be invalid, such determination shall not be held to render 
ineffectual the remaining portions of this Ordinance or to render such 
provisions inapplicable to other persons or circumstances.
    B. This Ordinance is effective immediately upon publication in the 
Federal Register.

Section 17. Amendment and Construction

    A. This Ordinance may only be amended by a vote of the Tribal 
Council or as otherwise allowed by Tribal law and all such amendments 
shall not be effective until thirty days after the date of publication 
in the Federal Register.
    B. Nothing in this Ordinance shall be construed to diminish or 
impair in any way the rights or sovereign powers of the Nation or 
Tribal government.

[FR Doc. 2013-01268 Filed 1-18-13; 8:45 am]
BILLING CODE 4310-4J-P