Kickapoo Traditional Tribe of Texas Liquor Ordinance; Repeal and Replace, 29228-29230 [2019-13263]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Pages 29228-29230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13263]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[190A2100DD/AAKC001030/A0A501010.999900 253G]


Kickapoo Traditional Tribe of Texas Liquor Ordinance; Repeal and 
Replace

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Kickapoo Traditional Tribe of Texas 
Liquor Ordinance which repeals and replaces the Kickapoo Traditional 
Tribe of Texas Beer and Liquor Tax Ordinance and any and all previous 
statutes.
    The Kickapoo Traditional Tribe of Texas Liquor Ordinance regulates 
and controls the possession, sale, manufacture, and distribution of 
liquor on the Kickapoo Traditional Tribe of Texas trust lands in 
conformity with the Federal laws and of the State of Texas where 
applicable and necessary. The enactment of this Ordinance will provide 
and important source of tax revenue for the continued operation and 
strengthening the Kickapoo Traditional Tribes of Texas government and 
the delivery of Tribal government services and, the economic viability 
of Tribal enterprises. Although, the Kickapoo Traditional Tribe of 
Texas Liquor Ordinance was adopted on October 1, 2018, it does not 
become effective until published in the Federal Register.

DATES: This ordinance shall take effect on July 22, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Sherry Lovin, Tribal Government 
Officer, Southern Plains Regional Office, Bureau of Indian Affairs, 
P.O. Box 368, Anadarko, Oklahoma 73005; telephone: (405) 247-1534 or 
(405) 247-6673, fax: (405) 247-9240.

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. On October 1, 2018, the Kickapoo 
Traditional Tribe of Texas Traditional Council duly adopted the 
Kickapoo Traditional Tribe of Texas Liquor Ordinance by Resolution 
2018-058, which will repeal, upon its effective date, the Kickapoo 
Traditional Tribe of Texas Beer and Liquor Tax Ordinance, Resolution 
No. 2011-892, which was published in the Federal Register on February 
22, 2012 (77 FR 10547).
    This notice is published in accordance with the delegated authority 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs. I certify that the Kickapoo Traditional Tribe of Texas 
Traditional Council duly adopted the Kickapoo Traditional Tribe of 
Texas Liquor Ordinance by Resolution No. 2018-058 on October 1, 2018.

    Dated: May 17, 2019.
Tara Sweeney,
Assistant Secretary--Indian Affairs.

[[Page 29229]]



 
 
 
          Kickapoo Traditional Tribe of Texas Liquor Ordinance
 
Table of Contents
 
Section 1--INTRODUCTION.....................................           4
    Section 1.1--Authority..................................           4
    Section 1.2--Short Title................................           4
    Section 1.3--Definitions................................           4
    Section 1.4--Purpose....................................           5
    Section 1.5--Jurisdiction...............................           5
    Section 1.6--Application of 18 U.S.C. Sec.   1161.......           5
    Section 1.7--Declaration of Public Policy & Findings....           5
Section 2--LIQUOR SALES, POSSESSION, AND MANUFACTURE........           6
    Section 2.1--Possession.................................           6
    Section 2.2--Retail Sales...............................           6
    Section 2.3--Manufacture................................           7
    Section 2.4--Age Limits.................................           7
Section 3--LICENSING........................................           7
    Section 3.1--Licensing..................................           7
Section 4--ENFORCEMENT......................................           7
    Section 4.1--Enforcement................................           7
Section 5--TAXATION.........................................           8
    Section 5.1--Taxation...................................           8
Section 6--MISCELLANEOUS PROVISIONS.........................           9
    Section 6.1--Sovereign Immunity Preserved...............           9
    Section 6.2--Conformance with Applicable Laws...........           9
    Section 6.3--Effective Date.............................           9
    Section 6.4--Repeal of Prior Acts.......................           9
    Section 6.5--Amendments.................................           9
    Section 6.6--Severability and Savings Clause............          10
 

Section 1--INTRODUCTION

Section 1.1--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 
Traditional Council enumerated in Article VII Sec. Sec.  (g), (h), (j), 
(k), and (n) of the Constitution of the Kickapoo Traditional Tribe of 
Texas (``KTTT'') to enact legislation and regulate activities of 
businesses operating on KTTT lands, and in conformity with applicable 
Texas State laws and all attendant agreements.

Section 1.2--Short Title

    This ordinance shall be known as the ``KTTT Liquor Ordinance.''

Section 1.3--Definitions

    (A) Indian Country--The term ``Indian Country'' means the 
definition provided in 18 U.S.C. Sec.  1151.
    (B) Liquor--The term ``Liquor'' shall mean any alcoholic beverage 
including but not limited to any malt, spirituous, or vinous liquor, 
including beer, ale, and wine, or any ardent or other intoxicating 
liquor of any kind whatsoever.
    (C) KTTT--The term ``KTTT'' means the Kickapoo Traditional Tribe of 
Texas.
    (D) KTTT Lands--The term ``KTTT Lands'' means the Tribe's 
reservation, trust lands, and all other lands as defined in 18 U.S.C. 
Sec.  1151.
    (E) State--The term ``State'' means the State of Texas.
    (F) Traditional Council--The term ``Traditional Council'' means the 
governing body of the Kickapoo Traditional Tribe of Texas, in 
accordance with the provisions of the KTTT Constitution.
    (G) Tribe--The term ``Tribe'' means the Kickapoo Traditional Tribe 
of Texas.

Section 1.4--Purpose

    The purpose of this ordinance is to regulate and control the 
possession, sale, manufacture, and distribution of liquor within the 
KTTT's reservation, trust lands, and all Indian Country as defined in 
18 U.S.C. Sec.  1151, in order to permit liquor sales by tribally-owned 
and operated enterprises and lessees and at other tribally-approved 
special events. The enactment of the KTTT Liquor Ordinance will 
increase the ability of the KTTT to control the manufacture, 
distribution, sale, and possession of liquor on the Tribe's lands and 
will provide an important source of tax revenue for the continued 
operation and strengthening of the KTTT government, the delivery of 
tribal governmental services, and the economic viability of tribal 
enterprises.

Section 1.5--Jurisdiction

    The KTTT Liquor Ordinance shall apply to all lands now or in the 
future under the governmental authority of the KTTT, including the 
Tribe's reservation, trust lands, and Indian Country as defined under 
18 U.S.C. Sec.  1151.

Section 1.6--Application of 18 U.S.C.   1161

    By adopting the KTTT Liquor Ordinance, the Tribe hereby regulates 
the sale, manufacturing, distribution, possession, and consumption of 
liquor while ensuring that such activity conforms with applicable laws 
of the State of Texas as required by 18 U.S.C. Sec.  1161 and the 
United States.

Section 1.7--Declaration of Public Policy & Findings

    The Traditional Council enacts this KTTT Liquor Ordinance based on 
the following findings:
    (A) The manufacture, distribution, possession, sale, and 
consumption of liquor within KTTT Lands are matters of special concern 
to the Tribe and the Traditional Council.
    (B) Federal law currently prohibits the introduction of liquor into 
or the manufacture of liquor in Indian Country, except as provided in 
18 U.S.C. Sec.  1161, except in accordance with State law and the duly 
enacted law of the Tribe.
    (C) The KTTT believes that it should regulate and control liquor 
transactions within its lands because of the many potential problems 
associated with the unregulated or inadequately regulated manufacture, 
distribution, sale, possession, and consumption of liquor. The 
Traditional Council finds that tribal control and regulation of liquor 
is necessary to protect the health and welfare of KTTT tribal citizens, 
to address specific concerns relating to liquor use, and to achieve 
maximum economic benefit to the Tribe.
    (D) It is in the best interests of the Tribe to enact this KTTT 
Liquor

[[Page 29230]]

Ordinance to govern liquor transactions on its lands.

Section 2--LIQUOR SALES, POSSESSION, AND MANUFACTURE

Section 2.1--Possession

    The introduction and possession of liquor shall be lawful within 
KTTT Lands, provided that such introduction or possession is in 
conformity with the laws of the Tribe and the applicable laws of the 
State.

Section 2.2--Retail Sales

    The sale of liquor shall be lawful within KTTT Lands, provided that 
such sales are in conformity with the laws of the Tribe and the 
applicable laws of the State.

Section 2.3--Manufacture

    The manufacture of liquor shall be lawful within KTTT Lands, 
provided that such manufacture is in conformity with the laws of the 
Tribe and the applicable laws of the State.

Section 2.4--Age Limits

    The legal age for possession or consumption of liquor within KTTT 
Lands shall be the same as that of the State, which is currently 21 
years. No person under the age of 21 years of age shall purchase, 
possess, or consume any liquor.

Section 3--LICENSING

Section 3.1--Licensing

    The Traditional Council shall have the power to establish 
procedures and standards for tribal licensing of liquor manufacture, 
distribution, and sale within KTTT Lands, including setting of a 
license fee schedule, and shall have the power to publish and enforce 
such standards. For license applicants that are not tribally-owned, no 
tribal license shall be issued except upon showing of satisfactory 
proof that the applicant is duly licensed by the State. The fact that 
an applicant for a tribal license possesses a license issued by the 
State shall not provide the applicant with an entitlement or 
expectation to a tribal license.

Section 4--ENFORCEMENT

Section 4.1--Enforcement

    (A) The Traditional Council shall have the power to develop, enact, 
promulgate, and enforce regulations as necessary for the enforcement of 
the KTTT Liquor Ordinance and to protect the public health, welfare, 
and safety of the Tribe, provided that all such regulations conform to 
and do not conflict with any applicable KTTT, Federal, or State law. 
Regulations enacted pursuant to the KTTT Liquor Ordinance may include 
provisions for suspension or revocation of KTTT liquor licenses, 
reasonable search and seizure provisions, and civil and criminal 
penalties for violations of the KTTT Liquor Ordinance to the full 
extent permitted by Federal law and consistent with due process.
    (B) KTTT law enforcement personnel, and security personnel duly 
authorized by the Traditional Council, shall have the authority to 
enforce the KTTT Liquor Ordinance by confiscating any liquor sold, 
possessed, distributed, manufactured, or introduced within KTTT Lands 
in violation of the KTTT Liquor Ordinance or of any regulations duly 
adopted pursuant to the KTTT Liquor Ordinance.
    (C) The Tribal Council shall have the exclusive jurisdiction to 
hold hearings on violations of the KTTT Liquor Ordinance and any 
procedures or regulations adopted pursuant to the KTTT Liquor 
Ordinance; to promulgate appropriate procedures governing such 
hearings; to determine and enforce penalties or damages for violations 
of the KTTT Liquor Ordinance; and to delegate to a subordinate hearing 
officer or panel or to the KTTT Tribal Court the authority to take any 
or all of the foregoing actions on its behalf.

Section 5--TAXATION

Section 5.1--Taxation

    The KTTT retains the sovereign authority to tax liquor within KTTT 
Lands by appropriate statute. Nothing contained in in the KTTT Liquor 
Ordinance is intended to, nor does it in any way, limit or restrict the 
Tribe's ability to impose any tax upon the sale or consumption of 
liquor.

Section 6--MISCELLANEOUS PROVISIONS

Section 6.1--Sovereign Immunity Preserved

    Nothing contained in the KTTT Liquor Ordinance is intended to, nor 
does in any way, limit, alter, restrict, or waive the sovereign 
immunity of the KTTT or any of its agencies, agents, or officials from 
uncontested suit or action of any kind.

Section 6.2--Conformance with Applicable Laws

    All acts and transactions under the KTTT Liquor Ordinance shall be 
in conformity with the laws of the Tribe and the laws of the State to 
the extent required by 18 U.S.C. Sec.  1161 and with all Federal laws 
regarding liquor in Indian Country.

Section 6.3--Effective Date

    The KTTT Liquor Ordinance shall be effective as of the date on 
which the Secretary of the Interior certifies it and publishes the same 
in the Federal Register.

Section 6.4--Repeal of Prior Acts

    All prior enactments of the Traditional Council, including tribal 
resolutions, policies, regulations, or statues pertaining to the 
subject matter set forth in the KTTT Liquor Ordinance are hereby 
rescinded. Specifically, the KTTT Beer and Liquor Tax Ordinance, 
Resolution No. 2011-982 (Mar. 30, 2011) approved by the Secretary of 
the Interior on February 9, 2012 (77 Fed. Reg. 10548) is repealed.

Section 6.5--Amendments

    The KTTT Liquor Ordinance may only be amended pursuant to an 
amendment duly enacted by the Traditional Council and certification by 
the Secretary of the Interior and publication in the Federal Register, 
if required.

Section 6.6--Severability and Savings Clause

    If any part or provision of the KTTT Liquor Ordinance is held 
invalid, void, or unenforceable by a court of competent jurisdiction, 
such adjudication shall not be held to render such provisions 
inapplicable to other persons or circumstances. Further, the remainder 
of the KTTT Liquor Ordinance shall not be affected and shall continue 
to remain in full force and effect.

[FR Doc. 2019-13263 Filed 6-20-19; 8:45 am]
 BILLING CODE 4337-15-P