Stillaguamish Tribe of Indians-Amendment to Liquor Control Ordinance, 1198-1200 [2016-334]

Download as PDF 1198 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices Please submit written comments on this information collection directly to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs, Attention: Desk Officer for the Department of the Interior, via email: (OIRA_SUBMISSION@omb.eop.gov); or by fax (202) 395–5806; and identify your submission with ‘OMB Control Number 1028–0103 USA National Phenology Network—The Nature’s Notebook Plant and Animal Observing Program’. Please also forward a copy of your comments and suggestions on this information collection to the Information Collection Clearance Officer, U.S. Geological Survey, 12201 Sunrise Valley Drive MS 807, Reston, VA 20192 (mail); (703) 648–7195 (fax); or gs-info_collections@ usgs.gov (email). Please reference ‘OMB Information Collection 1028–0103: USA National Phenology Network—The Nature’s Notebook Plant and Animal Observing Program’ in all correspondence. FOR FURTHER INFORMATION CONTACT: Jake Weltzin, U.S. Geological Survey, 325 BioSciences East, 1311 East 4th Street, Tucson, AZ 85721 (mail); (520) 626– 3821 (phone); or jweltzin@usgs.gov (email). You may also find information about this ICR at www.reginfo.gov. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES ADDRESSES: I. Abstract The USA National Phenology Network (USA–NPN) is a program sponsored by the USGS that uses standardized forms for tracking plant and animal activity as part of a project called Nature’s Notebook. The Nature’s Notebook forms are used to record phenology (e.g., timing of leafing or flowering of plants and reproduction or migration of animals) as part of a nationwide effort to understand and predict how plants and animals respond to environmental variation and changes in weather and climate. Contemporary data collected through Nature’s Notebook are quality-checked, described and made publicly available. Data are used to inform decision-making in a variety of contexts, including agriculture, drought monitoring, and wildfire risk assessment. Phenological information is also critical for the management of wildlife, invasive species, and agricultural pests, and for understanding and managing risks to human health and welfare, including allergies, asthma, and vector-borne diseases. Participants may contribute phenology information to Nature’s Notebook through a browser-based web application or via mobile applications for iPhone and Android operating VerDate Sep<11>2014 18:17 Jan 08, 2016 Jkt 238001 systems, meeting GPEA requirements. The web application interface consists several components: User registration, a searchable list of 1,016 plant and animal species which can be observed; a ‘‘profile’’ for each species that contains information about the species including its description and the appropriate monitoring protocols; a series of interfaces for registering as an observer, registering a site, registering plants and animals at a site, generating datasheets to take to the field, and a data entry page that mimics the datasheets. II. Data OMB Control Number: 1028–0103. Form Number: Various (12 forms). Title: USA National Phenology Network—The Nature’s Notebook Plant and Animal Observing Program. Type of Request: Extension without change of a currently approved information collection. Respondent Obligation: Voluntary. Frequency of Collection: On occasion. During the Spring and Fall seasons when phenology is changing quickly, we recommend respondents make observations once or twice per week as conditions allow. Description of Respondents: Members of the public, and state and local government workers. Estimated Total Number of Annual Responses: We project that 6,378 responders will register with Nature’s Notebook, and of those 638 will watch the training videos. The same 6,378 responders will contribute 2,407,120 observation records. In total, this will result in 2,414,136 responses. Estimated Time per Response: When joining the program, responders spend 13 minutes each to register and read guidelines and 83 minutes to watch all training videos. After that responders may spend about 2 minutes per record to observe and submit phenophase status record. Estimated Annual Burden Hours: 82,502. Estimated Reporting and Recordkeeping ‘‘Non-Hour Cost’’ Burden: $11,274. Public Disclosure Statement: The PRA (44 U.S.C. 3501, et seq.) provides that an agency may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. Comments: On August 7, 2015, we published a Federal Register notice (80 FR 47511) announcing that we would submit this ICR to OMB for approval and soliciting comments. The comment period closed on October 6, 2015. We received no comments. PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 III. Request for Comments We again invite comments concerning this ICR as to: (a) Whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information; (c) how to enhance the quality, usefulness, and clarity of the information to be collected; and (d) how to minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology. Please note that comments submitted in response to this notice are a matter of public record. Before including your personal mailing address, phone number, email address, or other personally identifiable information in your comment, you should be aware that your entire comment, including your personally identifiable information, may be made publicly available at any time. While you can ask us and the OMB in your comment to withhold your personal identifying information from public review, we cannot guarantee that it will be done. Jake Weltzin, Program Manager, Status & Trends Program and Executive Director, USA National Phenology Network. [FR Doc. 2016–266 Filed 1–8–16; 8:45 am] BILLING CODE 4338–11–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [167 A2100DD/AAKC001030/ A0A501010.999900] Stillaguamish Tribe of Indians— Amendment to Liquor Control Ordinance Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: This notice publishes the Stillaguamish Tribe of Indians Liquor Control Ordinance. The ordinance allows the Tribe to manufacture beer, and allows for the sale, distribution, and tribal taxation of beer within the jurisdiction of the Stillaguamish Tribe of Indians. This Ordinance repeals and replaces the previous liquor control ordinance published in the Federal Register on June 12, 2012 (77 FR 34982). DATES: This ordinance is effective January 11, 2016. FOR FURTHER INFORMATION CONTACT: Mr. Gregory Norton, Tribal Government SUMMARY: E:\FR\FM\11JAN1.SGM 11JAN1 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices Officer, Northwest Regional Office, Bureau of Indian Affairs, 911 NE 11th Avenue, Portland, OR 97232; Telephone: (503) 231–6702; Fax: (503) 231–2201, or Ms. Laurel Iron Cloud, Chief, Division of Tribal Government Services, Office of Indian Services, Bureau of Indian Affairs, 1849 C Street NW., MS–4513–MIB, Washington, DC 20240; Telephone: (202) 513–7641. 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 (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 Stillaguamish Tribe of Indians duly adopted Resolution Number 2015/099 on May 28, 2015. 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 Stillaguamish Tribe of Indians duly adopted this amendment to the Stillaguamish Tribe of Indians Liquor Ordinance by Resolution Number 2015/099 on May 28, 2015. Dated: December 21, 2015. Kevin K. Washburn, Assistant Secretary—Indian Affairs. SUBCHAPTER 600 STILLAGUAMISH TRIBE OF INDIANS LIQUOR CONTROL ORDINANCE mstockstill on DSK4VPTVN1PROD with NOTICES GENERAL PROVISIONS 3.06.600 General Purpose The Stillaguamish Tribe of Indians (Tribe) has a significant interest in protecting the health, safety and general welfare of its members, the residents within the Tribe’s Indian Country and those persons and businesses doing business on and/or visiting the Tribe’s Indian Country. The purpose of the Ordinance is to exercise the Tribe’s jurisdiction to regulate the sale, manufacturing, distribution, and taxation of liquor within the Tribe’s Indian Country in conformity with any compact between the Tribe and the State of Washington, Article 10 of the Treaty of Point Elliott of 1855, 12 Stat. 927, to which the Tribe is a party, and in conformity with 18 U.S.C. 1161, and to raise revenues to fund health, safety and general welfare programs and services provided to Tribal members and residents of and visitors to land within the Tribe’s territorial jurisdiction. The authority to protect the Tribe as a sovereign political entity and to adopt VerDate Sep<11>2014 18:17 Jan 08, 2016 Jkt 238001 the Ordinance codified herein is vested in the Stillaguamish Tribe of Indians, Board of Directors under Article III and Article V, Sec. 1 of the Constitution, which Board has enumerated authority under Article V, Sec. 1 (a) to enact a comprehensive law and order code which provides for tribal civil and criminal jurisdiction; under Article V Sec. 1(b) to administer the affairs and assets of the Tribe, including tribal lands and funds; under Article V, Section 1(d) to provide for taxes, assessments, permits and license fees upon members and non-members within the Tribe’s jurisdiction; and under Article V Sec. l(h), to exercise other necessary powers to fulfill the Board’s obligations, responsibilities and purposes as the governing body of the Tribe; and in the inherent sovereignty of the Stillaguamish Tribe of Indians to regulate its own territory and activities therein. The need exists for strict tribal regulation and control over liquor distribution, manufacturing, sales and taxation within the Tribe’s Indian Country. Therefore, in the public interest and for the welfare of the people of the Stillaguamish Tribe of Indians, its employees, the residents of and visitors to Indian Country, the Stillaguamish Board of Directors, in the exercise of its authority under the Tribe’s Constitution, declares its purpose by the provisions of this Subchapter to regulate the sale, manufacturing and distribution of liquor. 3.06.601 Scope (1) This Subchapter shall apply to the full extent of the sovereign jurisdiction of the Tribe. (2) Compliance with this Subchapter is hereby made a condition of the use of any land or premises within the Tribe’s Indian Country. (3) Any person who resides, conducts business, engages in a business transaction, receives benefits from the Tribe, acts under tribal authority, or enters the Tribe’s Indian Country shall be deemed to have consented to the following: (a) To be bound by the terms of this Subchapter; (b) To the exercise of the exclusive jurisdiction of the Stillaguamish tribal Court for legal actions arising pursuant to this Subchapter; and (c) To detainment, service of summons and process, and search and seizure, in conjunction with legal actions arising pursuant to this Subchapter. (4) No portion of this Ordinance and Subchapter shall be construed as contrary to Federal law. PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 1199 3.06.602 Repeal of Prior Liquor Control Laws (1) All ordinances and resolutions of the Tribe regulating, authorizing, prohibiting or in any way dealing with the sale of liquor heretofore enacted or now in effect are hereby repealed and are declared to be of no further force and effect, with the exception of the provisions of the Stillaguamish Tribe of Indians Law and Order Code, including but not limited to the provisions of Chapter 8.40, Alcohol-Related Offenses. (2) The provisions of this Subchapter shall be prospective only from the date of its effectiveness. Nothing contained herein shall be deemed to revoke any presently existing valid license or permit or renewal thereof previously issued by the Washington State Liquor Control Board or the exercise of privilege given thereunder to any retailer subject to the provisions of this Subchapter. 3.06.603 Definitions All definitions of the Taxation Code Section 3.06.201 apply herein unless the terms are otherwise defined in this Subchapter. For purposes of this Subchapter, whenever any of the following words, terms or definitions is used herein, they shall have the meaning ascribed to them in this Subchapter: (1) ‘‘Brewer’’ or ‘‘brewery’’ means any person engaged in the business of manufacturing beer and malt liquor and as such terms are further defined in the Revised Code of Washington in RCW 66.04.010. (2) ‘‘Indian Country,’’ consistent with the meaning given in 18 U.S.C. 1151 means: (a) all land within the limits of the Stillaguamish Indian Reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and, including rights of way running through the reservation; and (b) all Indian allotments or other lands held in trust for the Tribe or a member of the Tribe, including rights of way running through the same. (3) ‘‘Liquor’’ means the four varieties of liquor (alcohol, spirits, wine, and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and as such term and the four varieties thereof are further defined in the Revised Code of Washington in RCW 66.04.010. (4) ‘‘Malt beverage’’ or ‘‘malt liquor’’ means any beverage such as beer, ale, lager beer, stout, and porter obtained by E:\FR\FM\11JAN1.SGM 11JAN1 1200 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices 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 pure water containing not more than eight percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume. For purposes this Subchapter, any such beverage containing more than eight percent of alcohol by weight shall be referred to as ‘‘strong beer.’’ (5) ‘‘Manufacturer’’ means a person engaged in the preparation and manufacturing of liquor for sale, in any form whatsoever. (6) ‘‘Sale’’ and ‘‘sell’’ means the same as such terms are defined in the Revised Code of Washington in RCW 66.04.010. (7) ‘‘Tribal retailer’’ means a liquor retailer wholly owned by the Stillaguamish Tribe of Indians and located in Indian Country. (8) ‘‘Tribally-licensed retailer’’ means a person who has a business license from the Tribe to sell liquor at retail from a business located in Indian Country. 3.06.604 Stillaguamish Tax Commission The Board hereby authorizes the Tax Commission of the Stillaguamish Tribe of Indians to administer this Subchapter, including general control, management and supervision of all liquor sales, manufacturing, and distribution, places of sale and sales outlets, and to exercise all of the powers and accomplish all of the purposes thereof as hereinafter set forth any do the following acts and things for and on behalf of and in the name of the Tribe: (1) Adopting and enforcing rules and regulations for the purpose of carrying into effect the provisions of this Subchapter the performance of its functions; (2) Collecting, auditing and issuing fees, licenses, taxes and permits; and (3) Performing all matters and things incidental to and necessary to conduct its business and carry out its duties and functions under this Subchapter. mstockstill on DSK4VPTVN1PROD with NOTICES LICENSE REQUIRED 3.06.610 License Required of Tribal Retailers and Tribally-licensed Retailers Every person engaging in the business of selling, manufacturing, or distributing liquor within the Tribe’s Indian Country, including but not limited to a brewery, shall secure a business license from the Tribe in the manner provided for by Subchapter 100 of this Title (‘‘Business Licenses’’) and otherwise comply with all provisions of Subchapter 100. VerDate Sep<11>2014 18:17 Jan 08, 2016 Jkt 238001 3.06.611 Prohibitions (1) The manufacture, purchase, sale, and dealing in liquor within Tribe’s Indian Country by any person, party, firm, or corporation except pursuant to the control, licensing, and regulation of the Stillaguamish Tax Commission, is hereby declared unlawful. Without limitation as to any other penalties and fines that may apply, any violation of this subsection is an infraction punishable by a fine of up to five hundred dollars ($500.00). (2) Every person engaging in the business of manufacturing, distributing or selling liquor within the Tribe’s Indian Country shall comply with the provisions of Chapter 8.40, AlcoholRelated Offenses, of the Stillaguamish Tribe of Indians Law and Order Code, the provisions of which are re-affirmed and are specifically incorporated herein by this reference. Any violation of this subsection is punishable pursuant to the penalty provisions of Chapter 8.40, Alcohol-Related Offenses of the Stillaguamish Tribe of Indians Law and Order Code. 3.06.612 Conformity with State Law as Required Tribal retailers and tribally-licensed retailers shall comply with any applicable Washington State liquor law standards to the extent required by 18 U.S.C. 1161 and the Agreement Between the Washington State Liquor Control Board and the Stillaguamish Indian Tribe for Purchase and Resale of Liquor in Indian Country (‘‘Agreement’’), if any. To the extent provisions of this Subchapter conflict with the Agreement, the terms of the Agreement control. Nondiscrimination No provision of this Subchapter shall be construed as imposing a regulation or tax that discriminates on the basis of whether a retail liquor establishment is owned, managed or operated by a member of the Tribe. 3.06.632 Effective Date This Subchapter shall be and become effective upon publication by the United States Department of the Interior’s certification in the Federal Register. 3.06.633 Sovereign Immunity Nothing in this Subchapter shall be construed as a waiver or limitation of the inherent sovereign immunity of the Tribe. Ordinance 2008/060 enacting this Title 3, Chapter 6 took effect on April 30, 2008, at 6:00 p.m. upon the approval of its provisions by the Board of Directors of the Stillaguamish Tribe of Indians, which date was April 28, 2008. Title 3, Chapter 6 of the Tribe’s Law and Order Code was repealed and replaced with this Title, as amended by resolution 2011/048, enacted by the Board of Directors of the Stillaguamish Tribe of Indians on April 14, 2011, as amended by resolution 2012/146 dated September 27, 2012, as amended by resolution 2015/099 dated May 28, 2015. BILLING CODE 4337–15–P 3.06.620 Tribal Liquor Tax The Tribe expressly reserves its inherent sovereign right to regulate the use and sale of liquor through the imposition of tribal taxes thereon. The Board hereby authorizes and expressly reserves its authority to impose a tribal Liquor Tax on sales of all alcoholic beverages, including packaged and retail sales of liquor, wine, and beer, at a rate determined to be fair and equitable by the Board through independent action. 3.06.621 Liquor Sales Not Subject to Tribal Retail Sales Tax The Tribe’s Retail Sales Tax shall not apply to retail sales of liquor. ADMINISTRATION 3.06.630 Severability If any section, provision, phrase, addition, word, sentence or amendment of this Subchapter or its application to Frm 00038 3.06.631 [FR Doc. 2016–334 Filed 1–8–16; 8:45 am] TAXATION PO 00000 any person is held invalid, such invalidity shall not affect the other provisions or applications of this Subchapter that can be given effect without the invalid application, and to that end the provisions of this Subchapter are declared severable. Fmt 4703 Sfmt 4703 DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [167 A2100DD/AAKC001030/ A0A501010.999900] Sovereignty in Indian Education Bureau of Indian Affairs, Interior. ACTION: Notice of availability and request for proposals; extension of deadline. AGENCY: The Bureau of Indian Education (BIE) previously announced the availability of enhancement funds to Tribes and their Tribal education departments (TEDs) to promote Tribal control and operation of BIE-funded schools on their reservations. This notice extends the deadline for Tribes SUMMARY: E:\FR\FM\11JAN1.SGM 11JAN1

Agencies

[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1198-1200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-334]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[167 A2100DD/AAKC001030/A0A501010.999900]


Stillaguamish Tribe of Indians--Amendment to Liquor Control 
Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes the Stillaguamish Tribe of Indians 
Liquor Control Ordinance. The ordinance allows the Tribe to manufacture 
beer, and allows for the sale, distribution, and tribal taxation of 
beer within the jurisdiction of the Stillaguamish Tribe of Indians. 
This Ordinance repeals and replaces the previous liquor control 
ordinance published in the Federal Register on June 12, 2012 (77 FR 
34982).

DATES: This ordinance is effective January 11, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Gregory Norton, Tribal Government

[[Page 1199]]

Officer, Northwest Regional Office, Bureau of Indian Affairs, 911 NE 
11th Avenue, Portland, OR 97232; Telephone: (503) 231-6702; Fax: (503) 
231-2201, or Ms. Laurel Iron Cloud, Chief, Division of Tribal 
Government Services, Office of Indian Services, Bureau of Indian 
Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240; 
Telephone: (202) 513-7641.

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 (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 Stillaguamish Tribe of Indians duly 
adopted Resolution Number 2015/099 on May 28, 2015.
    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 Stillaguamish Tribe of Indians duly adopted 
this amendment to the Stillaguamish Tribe of Indians Liquor Ordinance 
by Resolution Number 2015/099 on May 28, 2015.

    Dated: December 21, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
SUBCHAPTER 600
STILLAGUAMISH TRIBE OF INDIANS LIQUOR CONTROL ORDINANCE
GENERAL PROVISIONS

3.06.600 General Purpose

    The Stillaguamish Tribe of Indians (Tribe) has a significant 
interest in protecting the health, safety and general welfare of its 
members, the residents within the Tribe's Indian Country and those 
persons and businesses doing business on and/or visiting the Tribe's 
Indian Country. The purpose of the Ordinance is to exercise the Tribe's 
jurisdiction to regulate the sale, manufacturing, distribution, and 
taxation of liquor within the Tribe's Indian Country in conformity with 
any compact between the Tribe and the State of Washington, Article 10 
of the Treaty of Point Elliott of 1855, 12 Stat. 927, to which the 
Tribe is a party, and in conformity with 18 U.S.C. 1161, and to raise 
revenues to fund health, safety and general welfare programs and 
services provided to Tribal members and residents of and visitors to 
land within the Tribe's territorial jurisdiction.
    The authority to protect the Tribe as a sovereign political entity 
and to adopt the Ordinance codified herein is vested in the 
Stillaguamish Tribe of Indians, Board of Directors under Article III 
and Article V, Sec. 1 of the Constitution, which Board has enumerated 
authority under Article V, Sec. 1 (a) to enact a comprehensive law and 
order code which provides for tribal civil and criminal jurisdiction; 
under Article V Sec. 1(b) to administer the affairs and assets of the 
Tribe, including tribal lands and funds; under Article V, Section 1(d) 
to provide for taxes, assessments, permits and license fees upon 
members and non-members within the Tribe's jurisdiction; and under 
Article V Sec. l(h), to exercise other necessary powers to fulfill the 
Board's obligations, responsibilities and purposes as the governing 
body of the Tribe; and in the inherent sovereignty of the Stillaguamish 
Tribe of Indians to regulate its own territory and activities therein.
    The need exists for strict tribal regulation and control over 
liquor distribution, manufacturing, sales and taxation within the 
Tribe's Indian Country. Therefore, in the public interest and for the 
welfare of the people of the Stillaguamish Tribe of Indians, its 
employees, the residents of and visitors to Indian Country, the 
Stillaguamish Board of Directors, in the exercise of its authority 
under the Tribe's Constitution, declares its purpose by the provisions 
of this Subchapter to regulate the sale, manufacturing and distribution 
of liquor.

3.06.601 Scope

    (1) This Subchapter shall apply to the full extent of the sovereign 
jurisdiction of the Tribe.
    (2) Compliance with this Subchapter is hereby made a condition of 
the use of any land or premises within the Tribe's Indian Country.
    (3) Any person who resides, conducts business, engages in a 
business transaction, receives benefits from the Tribe, acts under 
tribal authority, or enters the Tribe's Indian Country shall be deemed 
to have consented to the following:
    (a) To be bound by the terms of this Subchapter;
    (b) To the exercise of the exclusive jurisdiction of the 
Stillaguamish tribal Court for legal actions arising pursuant to this 
Subchapter; and
    (c) To detainment, service of summons and process, and search and 
seizure, in conjunction with legal actions arising pursuant to this 
Subchapter.
    (4) No portion of this Ordinance and Subchapter shall be construed 
as contrary to Federal law.

3.06.602 Repeal of Prior Liquor Control Laws

    (1) All ordinances and resolutions of the Tribe regulating, 
authorizing, prohibiting or in any way dealing with the sale of liquor 
heretofore enacted or now in effect are hereby repealed and are 
declared to be of no further force and effect, with the exception of 
the provisions of the Stillaguamish Tribe of Indians Law and Order 
Code, including but not limited to the provisions of Chapter 8.40, 
Alcohol-Related Offenses.
    (2) The provisions of this Subchapter shall be prospective only 
from the date of its effectiveness. Nothing contained herein shall be 
deemed to revoke any presently existing valid license or permit or 
renewal thereof previously issued by the Washington State Liquor 
Control Board or the exercise of privilege given thereunder to any 
retailer subject to the provisions of this Subchapter.

3.06.603 Definitions

    All definitions of the Taxation Code Section 3.06.201 apply herein 
unless the terms are otherwise defined in this Subchapter. For purposes 
of this Subchapter, whenever any of the following words, terms or 
definitions is used herein, they shall have the meaning ascribed to 
them in this Subchapter:
    (1) ``Brewer'' or ``brewery'' means any person engaged in the 
business of manufacturing beer and malt liquor and as such terms are 
further defined in the Revised Code of Washington in RCW 66.04.010.
    (2) ``Indian Country,'' consistent with the meaning given in 18 
U.S.C. 1151 means: (a) all land within the limits of the Stillaguamish 
Indian Reservation under the jurisdiction of the United States 
government, notwithstanding the issuance of any patent, and, including 
rights of way running through the reservation; and (b) all Indian 
allotments or other lands held in trust for the Tribe or a member of 
the Tribe, including rights of way running through the same.
    (3) ``Liquor'' means the four varieties of liquor (alcohol, 
spirits, wine, and beer), and all fermented, spirituous, vinous, or 
malt liquor, or combinations thereof, and mixed liquor, a part of which 
is fermented, spirituous, vinous or malt liquor, or otherwise 
intoxicating; and as such term and the four varieties thereof are 
further defined in the Revised Code of Washington in RCW 66.04.010.
    (4) ``Malt beverage'' or ``malt liquor'' means any beverage such as 
beer, ale, lager beer, stout, and porter obtained by

[[Page 1200]]

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 pure water containing not more than eight percent of alcohol 
by weight, and not less than one-half of one percent of alcohol by 
volume. For purposes this Subchapter, any such beverage containing more 
than eight percent of alcohol by weight shall be referred to as 
``strong beer.''
    (5) ``Manufacturer'' means a person engaged in the preparation and 
manufacturing of liquor for sale, in any form whatsoever.
    (6) ``Sale'' and ``sell'' means the same as such terms are defined 
in the Revised Code of Washington in RCW 66.04.010.
    (7) ``Tribal retailer'' means a liquor retailer wholly owned by the 
Stillaguamish Tribe of Indians and located in Indian Country.
    (8) ``Tribally-licensed retailer'' means a person who has a 
business license from the Tribe to sell liquor at retail from a 
business located in Indian Country.

3.06.604 Stillaguamish Tax Commission

    The Board hereby authorizes the Tax Commission of the Stillaguamish 
Tribe of Indians to administer this Subchapter, including general 
control, management and supervision of all liquor sales, manufacturing, 
and distribution, places of sale and sales outlets, and to exercise all 
of the powers and accomplish all of the purposes thereof as hereinafter 
set forth any do the following acts and things for and on behalf of and 
in the name of the Tribe:
    (1) Adopting and enforcing rules and regulations for the purpose of 
carrying into effect the provisions of this Subchapter the performance 
of its functions;
    (2) Collecting, auditing and issuing fees, licenses, taxes and 
permits; and
    (3) Performing all matters and things incidental to and necessary 
to conduct its business and carry out its duties and functions under 
this Subchapter.
LICENSE REQUIRED

3.06.610 License Required of Tribal Retailers and Tribally-licensed 
Retailers

    Every person engaging in the business of selling, manufacturing, or 
distributing liquor within the Tribe's Indian Country, including but 
not limited to a brewery, shall secure a business license from the 
Tribe in the manner provided for by Subchapter 100 of this Title 
(``Business Licenses'') and otherwise comply with all provisions of 
Subchapter 100.

3.06.611 Prohibitions

    (1) The manufacture, purchase, sale, and dealing in liquor within 
Tribe's Indian Country by any person, party, firm, or corporation 
except pursuant to the control, licensing, and regulation of the 
Stillaguamish Tax Commission, is hereby declared unlawful. Without 
limitation as to any other penalties and fines that may apply, any 
violation of this subsection is an infraction punishable by a fine of 
up to five hundred dollars ($500.00).
    (2) Every person engaging in the business of manufacturing, 
distributing or selling liquor within the Tribe's Indian Country shall 
comply with the provisions of Chapter 8.40, Alcohol-Related Offenses, 
of the Stillaguamish Tribe of Indians Law and Order Code, the 
provisions of which are re-affirmed and are specifically incorporated 
herein by this reference. Any violation of this subsection is 
punishable pursuant to the penalty provisions of Chapter 8.40, Alcohol-
Related Offenses of the Stillaguamish Tribe of Indians Law and Order 
Code.

3.06.612 Conformity with State Law as Required

    Tribal retailers and tribally-licensed retailers shall comply with 
any applicable Washington State liquor law standards to the extent 
required by 18 U.S.C. 1161 and the Agreement Between the Washington 
State Liquor Control Board and the Stillaguamish Indian Tribe for 
Purchase and Resale of Liquor in Indian Country (``Agreement''), if 
any. To the extent provisions of this Subchapter conflict with the 
Agreement, the terms of the Agreement control.
TAXATION

3.06.620 Tribal Liquor Tax

    The Tribe expressly reserves its inherent sovereign right to 
regulate the use and sale of liquor through the imposition of tribal 
taxes thereon. The Board hereby authorizes and expressly reserves its 
authority to impose a tribal Liquor Tax on sales of all alcoholic 
beverages, including packaged and retail sales of liquor, wine, and 
beer, at a rate determined to be fair and equitable by the Board 
through independent action.

3.06.621 Liquor Sales Not Subject to Tribal Retail Sales Tax

    The Tribe's Retail Sales Tax shall not apply to retail sales of 
liquor.
ADMINISTRATION

3.06.630 Severability

    If any section, provision, phrase, addition, word, sentence or 
amendment of this Subchapter or its application to any person is held 
invalid, such invalidity shall not affect the other provisions or 
applications of this Subchapter that can be given effect without the 
invalid application, and to that end the provisions of this Subchapter 
are declared severable.

3.06.631 Nondiscrimination

    No provision of this Subchapter shall be construed as imposing a 
regulation or tax that discriminates on the basis of whether a retail 
liquor establishment is owned, managed or operated by a member of the 
Tribe.

3.06.632 Effective Date

    This Subchapter shall be and become effective upon publication by 
the United States Department of the Interior's certification in the 
Federal Register.

3.06.633 Sovereign Immunity

    Nothing in this Subchapter shall be construed as a waiver or 
limitation of the inherent sovereign immunity of the Tribe.
    Ordinance 2008/060 enacting this Title 3, Chapter 6 took effect on 
April 30, 2008, at 6:00 p.m. upon the approval of its provisions by the 
Board of Directors of the Stillaguamish Tribe of Indians, which date 
was April 28, 2008. Title 3, Chapter 6 of the Tribe's Law and Order 
Code was repealed and replaced with this Title, as amended by 
resolution 2011/048, enacted by the Board of Directors of the 
Stillaguamish Tribe of Indians on April 14, 2011, as amended by 
resolution 2012/146 dated September 27, 2012, as amended by resolution 
2015/099 dated May 28, 2015.

[FR Doc. 2016-334 Filed 1-8-16; 8:45 am]
BILLING CODE 4337-15-P