The Confederated Tribes of the Umatilla Indian Reservation; Amendments to Liquor Code, 35133-35136 [2019-15548]

Download as PDF Federal Register / Vol. 84, No. 140 / Monday, July 22, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES issued ID; (2) United States active duty military; (3) a passport, or (4) a Tribal enrollment or identification card issued by any federally-recognized Indian Nation. 609. Violations of this Alcohol Ordinance. Any person guilty of a violation of this Ordinance shall be liable to pay the Nation a civil fine not to exceed $1,000 per violation as civil damages to defray the Nation’s cost of enforcement of this Alcohol Ordinance. In addition to any penalties so imposed, any license or permit issued hereunder may be suspended or canceled by the licensing designee for the violation of any of the provisions of this Alcohol Ordinance. This suspension and/or cancellation may be appealed in the Delaware Nation Court. The appellant shall be responsible for any filing fee and/or court costs associated with any appeal. 610. Possession of Alcohol Contrary to This Alcohol Ordinance. Alcohol possessed contrary to the terms of this Alcohol Ordinance are declared to be contraband. Any Tribal agent, employee, or officer who is authorized by the Executive Committee to enforce this section shall have the authority to, and shall, seize all contraband. 611. Disposition of Seized Contraband. Any officer seizing contraband shall preserve the contraband in accordance with appropriate law. Upon being found in violation of this Alcohol Ordinance by the Executive Committee, the party shall forfeit all right, title and interest in the items seized which shall become the property of the Nation. Taxes: 701. Sales Tax. There is hereby levied and shall be collected a tax on each sale of Alcoholic Beverages on Tribal Land in the amount determined by the Executive Committee. The tax imposed by this section shall apply to all retail sales of Alcohol on Tribal Lands and shall preempt any tax imposed on such Alcohol sales by the State of Oklahoma. 702. Payment of Taxes to Nation. Tribal taxes from the sale of Alcoholic Beverages or on Tribal Lands shall be paid over to the Trust Agent of the Nation. 703. Taxes Due. Tribal taxes from the sale of Alcoholic Beverages on Tribal Lands are due within thirty (30) days of the end of the calendar quarter for which the taxes are due. 704. Reports. Along with payment of the taxes imposed herein, the taxpayer shall submit an accounting for the quarter of all income from the sale or distribution of Alcoholic Beverages and as well as for the taxes collected. VerDate Sep<11>2014 19:11 Jul 19, 2019 Jkt 247001 705. Audit. As a condition of obtaining a license, the licensee must agree to the review or audit of its books and records relating to the sale of Alcoholic Beverages and on Tribal Lands. Said review or audit may be done annually by authorized agents or employees whenever, in the opinion of the Executive Committee, such a review or audit is necessary to verify the accuracy of reports. Profits: 801. Disposition of Proceeds. The gross proceeds collected by the Executive Committee or its designee from all licensing provided under this Alcohol Ordinance, or the imposition of civil penalties for violating this Ordinance, or from the taxation of the sales of Alcoholic Beverages on Tribal Lands, shall be distributed as follows: a. For the payment of all necessary personnel, administrative costs, and legal fees for the operation and its activities. b. The remainder shall be turned over to the Trust Agent. Severability and Miscellaneous: 901. Severability. If any provision or application of this Alcohol Ordinance is determined upon review by a court of competent jurisdiction to be invalid, such adjudication shall not be held to render ineffectual the remaining portions of this Ordinance or to render such provisions inapplicable to other persons or circumstances. 902. Prior Enactments. Any and all prior ordinances, resolutions or enactments of the Executive Committee which are inconsistent with the provisions of this Alcohol Ordinance are hereby repealed. 903. Conformance with Tribal, State, and Federal Law. This Ordinance conforms with all Tribal law and governing documents. All provisions and transactions under this Ordinance shall be in conformity with Oklahoma State law regarding the sale of Alcoholic Beverages and to the extent required by 18 U.S.C. § 1161, provided that § 1161 shall not be deemed to waive Tribal sovereign immunity in any respect, and with all Federal laws regarding alcohol in Indian country. 904. Enforcement. All actions to enforce the provisions of this Ordinance brought by the Executive Committee or its designee shall be filed in the Delaware Nation Court or Court of competent jurisdiction for the Delaware Nation of Oklahoma, which shall have exclusive jurisdiction over the enforcement and interpretation of this Ordinance. PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 35133 905. Effective Date. This Ordinance becomes effective as of the date the Secretary of the Interior certifies the Ordinance and publishes it in the Federal Register. Amendment: 1001. Amendment or Repeal. This Ordinance may be amended or repealed by a majority vote of the Executive Committee. Amendments of this Ordinance will be published in the Federal Register to become effective. Sovereign Immunity: 1101. Nothing contained in this Alcohol Ordinance is intended to nor does in anyway limit, alter, restrict, or waive the Nation’s sovereign immunity from unconsented suit or action. Tribal Alcohol licensees entitled to assert the defense of Tribal sovereign immunity shall not be deemed to have waived that immunity in any dram-shop action in any court, whether Tribal, Federal, or State. Dram-Shop Actions: 1201. The Delaware Nation Court or Court of competent jurisdiction for the Delaware Nation shall have exclusive jurisdiction over any dram-shop action against a Tribal Alcohol licensee. [FR Doc. 2019–15544 Filed 7–19–19; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [190A2100DD/AAKC001030/ A0A501010.999900] The Confederated Tribes of the Umatilla Indian Reservation; Amendments to Liquor Code Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: This notice publishes amendments to the Confederated Tribes of the Umatilla Indian Reservation Liquor Code. This codification amends and supersedes the existing Confederated Tribes of the Umatilla Indian Reservation Liquor Code, enacted by the Umatilla Board of Trustees through Resolution 15–019 on March 23, 2015. DATES: This code shall take effect on August 21, 2019. 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 SUMMARY: E:\FR\FM\22JYN1.SGM 22JYN1 35134 Federal Register / Vol. 84, No. 140 / Monday, July 22, 2019 / Notices certify and publish in the Federal Register notice of adopted liquor control ordinances for the purpose of regulating liquor transactions in Indian country. On March 25, 2019, the Umatilla Business Council duly adopted the amendments to the Confederated Tribes of the Umatilla Indian Reservation Liquor Code by Ordinance 19–022. This Federal Register Notice amends and supersedes the existing Confederated Tribes of the Umatilla Indian Reservation Liquor Code, enacted by the Umatilla Business Council through Resolution 15–019, which was published in the Federal Register on June 12, 2015 (80 FR 33543). 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 Board of Trustees of the Confederated Tribes of the Umatilla Indian Reservation, Oregon, duly adopted these amendments to the Confederated Tribes of the Umatilla Indian Reservation Liquor Code through Resolution 19–022 on March 25, 2019. Dated: June 25, 2019. Tara Sweeney, Assistant Secretary—Indian Affairs. The Confederated Tribes of the Umatilla Indian Reservation Liquor Code, as amended, shall read as follows: LIQUOR CODE CHAPTER 1. LIQUOR CODE jbell on DSK3GLQ082PROD with NOTICES SECTION 1.01. TITLE This Code shall be the Liquor Code of the Confederated Tribes of the Umatilla Indian Reservation (Confederated Tribes) and shall be referenced as the Liquor Code. SECTION 1.02. FINDINGS AND PURPOSE A. The introduction, possession, and sale of liquor on Indian reservations has historically been recognized as a matter of special concern to Indian tribes and to the United States. The control of liquor on the Umatilla Indian Reservation remains exclusively subject to the legislative enactments of the Confederated Tribes in its exercise of its governmental powers over the Reservation, and the United States. B. Federal law prohibits the introduction of liquor into Indian Country (18 U.S.C. 1154), and authorized tribes to decide when and to what extent liquor transactions, sales, possession and service shall be permitted on their reservation (18 U.S.C. 1161). C. Pursuant to the authority in Article VI, §1(a) of the Confederated Tribes’ VerDate Sep<11>2014 19:11 Jul 19, 2019 Jkt 247001 Constitution, the Board of Trustees has the authority ‘‘to represent the [Confederated] Tribes and to negotiate with the Federal, State and local governments . . . on . . . projects and legislation that affect the [Confederated] Tribes’’. D. Pursuant to the authority in Article VI, §1(d) of the Confederated Tribes’ Constitution, the Board of Trustees has the authority ‘‘to promulgate and enforce ordinances governing the conduct of all persons and activities within the boundaries of the Umatilla Indian Reservation, providing for the procedure of the Board of Trustees, and carrying out any powers herein conferred upon the Board of Trustees’’. E. The enactment of this Liquor Code to govern liquor sales and service on the Umatilla Indian Reservation will increase the ability of the Confederated Tribes to control Reservation liquor distribution, sales, service and possession, and at the same time will provide an important source of revenue for the continued operation of Tribal government and the delivery of governmental services, as well as provide an amenity to customers of enterprises of the Confederated Tribes. F. The Confederated Tribes have entered into a Memorandum of Understanding (MOU) with the Oregon Liquor Control Commission to deal with governmental issues associated with the licensing and regulation of liquor sales on the Umatilla Indian Reservation. SECTION 1.03. DEFINITIONS A. Unless otherwise required by the context, the following words and phrases shall have the designated meanings. 1. ‘‘Alcohol’’. That substance known as ethyl alcohol, hydrated oxide or ethyl, spirits or wine as defined herein, which is commonly produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances including all dilutions and mixtures of those substances. 2. ‘‘Authorized Liquor Business’’. Means any lessee of land owned by the Confederated Tribes or enterprise of the Confederated Tribes where the Board of Trustees has authorized the sale or service of liquor in the applicable lease or by resolution. 3. ‘‘Coyote Business Park’’. Shall included Coyote Business Park North, South and East. 4. ‘‘Wildhorse Chief Executive Officer’’. That person appointed by the Confederated Tribes to manage the Wildhorse Resort & Casino. 5. ‘‘Liquor’’ or ‘‘Liquor Products’’. Includes the four varieties of liquor herein defined (alcohol, spirits, wine, PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 and beer) and all fermented, spirituous, vinous, or malt liquor, or a combination thereof, and mixed liquor, a part of which is fermented, spirituous, vinous, or malt liquor or otherwise intoxicating in every liquid or solid or semi-solid or other substance patented or not containing alcohol, spirits, wine, or beer, and all drinks of potable liquids and all preparations or mixtures capable of human consumption, and any liquid, semi-solid, solid, or other substance, which contains more than one percent (1%) of alcohol by weight shall be conclusively deemed to be intoxicating. 6. ‘‘Wildhorse Resort & Casino’’. Shall include the casino, hotels, golf course (including club house), cineplex, RV park and future facilities that become a part of the Wildhorse Resort & Casino located on the Umatilla Indian Reservation. 7. ‘‘Sale’’ and ‘‘Sell’’. Includes exchange, barter, and traffic; and also the supplying or distribution by any means whatsoever, of liquor or any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or wine, by any person to any other person; and also includes the supply and distribution to any other person. 8. ‘‘Spirits’’. Any beverage which contains alcohol obtained by distillation, including wines exceeding seventeen percent (17%) of alcohol by weight. 9. ‘‘Wine’’. Any alcoholic beverage obtained by fermentation of fruits, grapes, berries, or any other agricultural product containing sugar, to which any saccharin substances may have been added before, during or after fermentation, and containing not more than seventeen percent (17%) of alcohol by weight, including sweet wines fortified with wine spirits, such as port, sherry, muscatel, and anglican, not exceeding seventeen percent (17%) of alcohol by weight. SECTION 1.04. JURISDICTION To the extent permitted by applicable law, the Confederated Tribes asserts jurisdiction to determine whether liquor sales and service are permitted within the boundaries of the Umatilla Indian Reservation. Nothing in this Code is intended nor shall be construed to limit the jurisdiction of the Confederated Tribes to regulate liquor sales and service on all lands within the boundaries of the Umatilla Indian Reservation. SECTION 1.05. RELATION TO OTHER LAWS All prior codes, ordinances, resolutions and motions of the Confederated Tribes E:\FR\FM\22JYN1.SGM 22JYN1 Federal Register / Vol. 84, No. 140 / Monday, July 22, 2019 / Notices regulating, authorizing, prohibiting, or in any way dealing with the sale or service of liquor are hereby repealed and are of no further force or effect to the extent they are inconsistent or conflict with the provisions of this Code. Specifically, amendments to the Criminal Code to make it consistent with this Liquor Code have been approved by Resolution 05–095 (October 3, 2005). No Tribal business licensing law or other Tribal law shall be applied in a manner inconsistent with the provisions of this Code. SECTION 1.06. AUTHORIZED SALE AND SERVICE OF LIQUOR A. Liquor may be offered for sale and may be served on the Umatilla Indian Reservation only at the following locations: 1. At the Wildhorse Resort & Casino; 2. At the Coyote Business Park by any Coyote Business Park lessee if liquor sales or service is permitted in the lease between the lessee and the Confederated Tribes; and 3. At any other Authorized Liquor Business location if liquor sales or service is permitted in the lease between the lessee and the Confederated Tribes or at any other enterprise of the Confederated Tribes if liquor sales or service are authorized by a Board of Trustees resolution. jbell on DSK3GLQ082PROD with NOTICES SECTION 1.07. PROHIBITIONS A. General Prohibitions. The commercial introduction of liquor for sales and service, other than as permitted by this Code, is prohibited within the Umatilla Indian Reservation, and is hereby declared an offense under Tribal law. Federal liquor laws applicable to Indian Country shall remain applicable to any person, act, or transaction which is not authorized by this Code and violators of this Code shall be subject to federal prosecution as well as to legal action in accordance with the law of the Confederated Tribes. B. Age Restrictions. No person shall be authorized to serve liquor unless they are at least 21 years of age. No person may be served liquor unless they are 21 years of age. C. Off Premises Consumption of Liquor. 1. All liquor sales and service authorized by this Code at the Wildhorse Resort & Casino shall be fully consumed at the Wildhorse Resort & Casino as set forth in section 1.06 of this Code and no open containers of liquor, or unopened containers of liquor in bottles, cans, or otherwise may be permitted outside of the abovedescribed premises, except as follows: VerDate Sep<11>2014 19:11 Jul 19, 2019 Jkt 247001 (a) Patrons at Wildhorse or Authorized Liquor Business restaurants may be permitted to remove a partially consumed bottle of wine from the restaurant if the wine is served in conjunction with the patron’s meal, the patron is not a minor and the patron is not visibly intoxicated. (b) Organizers of meetings or conventions at Wildhorse may be permitted to offer or award liquor, including wine, to meeting and convention participants, provided that the participant is not a minor nor visibly intoxicated, and such liquor or wine may be removed from the Wildhorse premises by the participant so long as the liquor or wine is not opened. 2. Liquor sales and service at Coyote Business Park shall be conducted in strict compliance with the lease between the Coyote Business Park lessee and the Confederated Tribes. 3. Liquor sales and service at an Authorized Liquor Business shall be conducted in strict compliance with the applicable lease or Board of Trustees resolution. D. No Credit Liquor Sales. The sales and service of liquor authorized by this Code shall be upon a cash basis only. For purposes of this Code, payment for liquor on a cash basis shall include payment by cash, credit card, or check. SECTION 1.08. CONFORMITY WITH APPLICABLE LAW A. Authorized liquor sales and service on the Umatilla Indian Reservation shall comply with Oregon State liquor law standards to the extent required by 18 U.S.C. 1161. B. Wildhorse Resort & Casino. The Wildhorse Chief Executive Officer shall be responsible for ensuring that all OLCC license requirements are satisfied, that the license(s) is renewed on an annual basis, and that all reasonable and necessary actions are taken to sell and serve liquor to Wildhorse patrons in a manner consistent with this Code, applicable State law, and the TribalState Compact. The Wildhorse Chief Executive Officer shall also be authorized to purchase liquor from the State or other source for sale and service within the Wildhorse Resort & Casino. The Wildhorse Chief Executive Officer is further authorized to treat as a casino expense any license fees associated with the OLCC liquor license. C. Coyote Business Park. The Coyote Business Park lessee authorized to sell or serve liquor as provided in section 1.06(A)(2) of this Code, shall be responsible for insuring that all OLCC license requirements are satisfied, that the license(s) is renewed on an annual basis, and that all reasonable and PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 35135 necessary actions are taken to sell and serve liquor in a manner consistent with this Code and applicable Tribal and State law. D. Authorized Liquor Business. The lessee or manager of an Authorized Liquor Business shall be responsible for insuring that all OLCC license requirements are satisfied, that the license(s) is renewed on an annual basis, and that all reasonable and necessary actions are taken to sell and serve liquor in a manner consistent with this Code and applicable Tribal and State law. SECTION 1.09. PENALTY Any person or entity possessing, selling, serving, bartering, or manufacturing liquor products in violation of any part of this Code shall be subject to a civil fine of not more than $500 for each violation involving possession, but up to $5,000 for each violation involving selling, bartering, or manufacturing liquor products in violation of this Code, and violators may be subject to exclusion from the Umatilla Indian Reservation. In addition, persons or entities subject to the criminal jurisdiction of the Confederated Tribes who violate this Code shall be subject to criminal punishment as provided in the Criminal Code. All contraband liquor shall be confiscated by the Umatilla Tribal Police Department (UTPD). The Umatilla Tribal Court shall have exclusive jurisdiction to enforce this Code and the civil fines, criminal punishment and exclusion authorized by this section. SECTION 1.10. SOVEREIGN IMMUNITY PRESERVED Nothing in this Code is intended or shall be construed as a waiver of the sovereign immunity of the Confederated Tribes. No manager or employee of the Confederated Tribes or the Wildhorse Resort & Casino shall be authorized, nor shall they attempt, to waive the sovereign immunity of the Confederated Tribes pursuant to this Code. SECTION 1.11. SEVERABILITY If any provision or provisions in this Code are held invalid by a court of competent jurisdiction, this Code shall continue in effect as if the invalid provision(s) were not a part hereof. SECTION 1.12. EFFECTIVE DATE This Code shall be effective following approval by the Board of Trustees and approval by the Secretary of the Interior or his/her designee and thirty days after E:\FR\FM\22JYN1.SGM 22JYN1 35136 Federal Register / Vol. 84, No. 140 / Monday, July 22, 2019 / Notices publication in the Federal Register as provided by federal law. [FR Doc. 2019–15548 Filed 7–19–19; 8:45 am] BILLING CODE 4337–15–P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Fellowships grant program, submitted to the Division of Research Programs. National Endowment for the Humanities 5. Date: August 9, 2019 This meeting will discuss applications on the topic of Social Sciences, for the Fellowships grant program, submitted to the Division of Research Programs. Meeting of Humanities Panel National Endowment for the Humanities. ACTION: Notice of meeting. INTERNATIONAL BOUNDARY AND WATER COMMISSION UNITED STATES AND MEXICO AGENCY: United States Section; Notice of Extension of Time for Public Comment Period for the Draft Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) for Aquatic Habitat Restoration in the Rio Grande Canalization Project and for the Draft EA and FONSI for the Continued Implementation of the River Management Plan SUMMARY: United States Section, International Boundary and Water Commission, United States and Mexico (USIBWC). AGENCY: ACTION: Notice of extension of time. Pursuant to Section 102(2)(c) of the National Environmental Policy Act, the USIBWC hereby gives notice that the public comment period is being extended for two draft Environmental Assessments, per public request. SUMMARY: The deadline for comments for the Draft EA and FONSI for Aquatic Habitat Restoration in the Rio Grande Canalization Project is extended an additional 17 calendar days (for a total of 52 days) until July 22, 2019. The deadline for comments for the Draft EA and FONSI for Continued Implementation of the River Management Plan for the Rio Grande Canalization Project is extended an additional 31 calendar days (for a total of 66 days) until August 5, 2019. DATES: The electronic versions of the Draft EAs are available at the USIBWC web page: https:// www.ibwc.gov/EMD/EIS_EA_Public_ Comment.html. Written comments should be sent to: Elizabeth Verdecchia, Natural Resources Specialist, USIBWC, 4191 N Mesa; El Paso, Texas 79902. Fax: (915) 493–2428, Email: Elizabeth.Verdecchia@ibwc.gov. jbell on DSK3GLQ082PROD with NOTICES ADDRESSES: Dated: July 12, 2019. Rebecca Rizzuti, Attorney Advisor, International Boundary and Water Commission, United States Section. [FR Doc. 2019–15503 Filed 7–19–19; 8:45 am] BILLING CODE 7010–01–P VerDate Sep<11>2014 19:11 Jul 19, 2019 Jkt 247001 The National Endowment for the Humanities will hold twenty-three meetings of the Humanities Panel, a federal advisory committee, during August 2019. The purpose of the meetings is for panel review, discussion, evaluation, and recommendation of applications for financial assistance under the National Foundation on the Arts and the Humanities Act of 1965. DATES: See SUPPLEMENTARY INFORMATION for meeting dates. The meetings will open at 8:30 a.m. and will adjourn by 5 p.m. on the dates specified below. ADDRESSES: The meetings will be held at Constitution Center, 400 7th Street SW, Washington, DC 20506, unless otherwise indicated. FOR FURTHER INFORMATION CONTACT: Elizabeth Voyatzis, Committee Management Officer, 400 7th Street SW, Room 4060, Washington, DC 20506; (202) 606–8322; evoyatzis@neh.gov. SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), notice is hereby given of the following meetings: 1. Date: August 2, 2019 This meeting will discuss applications on the topic of Research Libraries, for the Infrastructure and Capacity Building Challenge Grants program, submitted to the Office of Challenge Grants. 2. Date: August 8, 2019 This meeting will discuss applications on the topics of African, Middle Eastern, and Asian Studies, for the Fellowships grant program, submitted to the Division of Research Programs. 3. Date: August 8, 2019 This meeting will discuss applications on the topic of Digital Preservation and Access, for the Research and Development grant program, submitted to the Division of Preservation and Access. 4. Date: August 8, 2019 This meeting will discuss applications on the topics of Latin American and Latina/o Studies, for the PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 6. Date: August 12, 2019 This meeting will discuss applications on the topic of Literature, for the Fellowships grant program, submitted to the Division of Research Programs. 7. Date: August 13, 2019 This meeting will discuss applications on the topics of Ancient, Medieval, and Renaissance Studies, for the Fellowships grant program, submitted to the Division of Research Programs. 8. Date: August 13, 2019 This meeting will discuss applications on the topics of Music, Dance, Theatre, and Film Studies, for the Fellowships grant program, submitted to the Division of Research Programs. 9. Date: August 13, 2019 This meeting will discuss applications on the topic of Higher Education, for the Preservation and Access Education and Training grant program, submitted to the Division of Preservation and Access. 10. Date: August 14, 2019 This meeting will discuss applications on the topics of European History and Philosophy, for the Fellowships grant program, submitted to the Division of Research Programs. 11. Date: August 14, 2019 This meeting will discuss applications on the topics of Religious Studies and Communications Studies, for the Fellowships grant program, submitted to the the Division of Research Programs. 12. Date: August 15, 2019 This meeting will discuss applications on the topics of Art History and European Literature and Studies, for the Fellowships grant program, submitted to the Division of Research Programs. 13. Date: August 15, 2019 This meeting will discuss applications on the topics of American History and Studies, for the Fellowships grant program, submitted to the Division of Research programs. E:\FR\FM\22JYN1.SGM 22JYN1

Agencies

[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Notices]
[Pages 35133-35136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15548]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[190A2100DD/AAKC001030/A0A501010.999900]


The Confederated Tribes of the Umatilla Indian Reservation; 
Amendments to Liquor Code

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes amendments to the Confederated Tribes of 
the Umatilla Indian Reservation Liquor Code. This codification amends 
and supersedes the existing Confederated Tribes of the Umatilla Indian 
Reservation Liquor Code, enacted by the Umatilla Board of Trustees 
through Resolution 15-019 on March 23, 2015.

DATES: This code shall take effect on August 21, 2019.

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

[[Page 35134]]

certify and publish in the Federal Register notice of adopted liquor 
control ordinances for the purpose of regulating liquor transactions in 
Indian country. On March 25, 2019, the Umatilla Business Council duly 
adopted the amendments to the Confederated Tribes of the Umatilla 
Indian Reservation Liquor Code by Ordinance 19-022. This Federal 
Register Notice amends and supersedes the existing Confederated Tribes 
of the Umatilla Indian Reservation Liquor Code, enacted by the Umatilla 
Business Council through Resolution 15-019, which was published in the 
Federal Register on June 12, 2015 (80 FR 33543).
    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 Board of Trustees of the Confederated 
Tribes of the Umatilla Indian Reservation, Oregon, duly adopted these 
amendments to the Confederated Tribes of the Umatilla Indian 
Reservation Liquor Code through Resolution 19-022 on March 25, 2019.

    Dated: June 25, 2019.
Tara Sweeney,
Assistant Secretary--Indian Affairs.

The Confederated Tribes of the Umatilla Indian Reservation Liquor Code, 
as amended, shall read as follows:

LIQUOR CODE

CHAPTER 1. LIQUOR CODE
SECTION 1.01. TITLE
This Code shall be the Liquor Code of the Confederated Tribes of the 
Umatilla Indian Reservation (Confederated Tribes) and shall be 
referenced as the Liquor Code.
SECTION 1.02. FINDINGS AND PURPOSE
    A. The introduction, possession, and sale of liquor on Indian 
reservations has historically been recognized as a matter of special 
concern to Indian tribes and to the United States. The control of 
liquor on the Umatilla Indian Reservation remains exclusively subject 
to the legislative enactments of the Confederated Tribes in its 
exercise of its governmental powers over the Reservation, and the 
United States.
    B. Federal law prohibits the introduction of liquor into Indian 
Country (18 U.S.C. 1154), and authorized tribes to decide when and to 
what extent liquor transactions, sales, possession and service shall be 
permitted on their reservation (18 U.S.C. 1161).
    C. Pursuant to the authority in Article VI, Sec. 1(a) of the 
Confederated Tribes' Constitution, the Board of Trustees has the 
authority ``to represent the [Confederated] Tribes and to negotiate 
with the Federal, State and local governments . . . on . . . projects 
and legislation that affect the [Confederated] Tribes''.
    D. Pursuant to the authority in Article VI, Sec. 1(d) of the 
Confederated Tribes' Constitution, the Board of Trustees has the 
authority ``to promulgate and enforce ordinances governing the conduct 
of all persons and activities within the boundaries of the Umatilla 
Indian Reservation, providing for the procedure of the Board of 
Trustees, and carrying out any powers herein conferred upon the Board 
of Trustees''.
    E. The enactment of this Liquor Code to govern liquor sales and 
service on the Umatilla Indian Reservation will increase the ability of 
the Confederated Tribes to control Reservation liquor distribution, 
sales, service and possession, and at the same time will provide an 
important source of revenue for the continued operation of Tribal 
government and the delivery of governmental services, as well as 
provide an amenity to customers of enterprises of the Confederated 
Tribes.
    F. The Confederated Tribes have entered into a Memorandum of 
Understanding (MOU) with the Oregon Liquor Control Commission to deal 
with governmental issues associated with the licensing and regulation 
of liquor sales on the Umatilla Indian Reservation.
SECTION 1.03. DEFINITIONS
    A. Unless otherwise required by the context, the following words 
and phrases shall have the designated meanings.
    1. ``Alcohol''. That substance known as ethyl alcohol, hydrated 
oxide or ethyl, spirits or wine as defined herein, which is commonly 
produced by the fermentation or distillation of grain, starch, 
molasses, or sugar, or other substances including all dilutions and 
mixtures of those substances.
    2. ``Authorized Liquor Business''. Means any lessee of land owned 
by the Confederated Tribes or enterprise of the Confederated Tribes 
where the Board of Trustees has authorized the sale or service of 
liquor in the applicable lease or by resolution.
    3. ``Coyote Business Park''. Shall included Coyote Business Park 
North, South and East.
    4. ``Wildhorse Chief Executive Officer''. That person appointed by 
the Confederated Tribes to manage the Wildhorse Resort & Casino.
    5. ``Liquor'' or ``Liquor Products''. Includes the four varieties 
of liquor herein defined (alcohol, spirits, wine, and beer) and all 
fermented, spirituous, vinous, or malt liquor, or a combination 
thereof, and mixed liquor, a part of which is fermented, spirituous, 
vinous, or malt liquor or otherwise intoxicating in every liquid or 
solid or semi-solid or other substance patented or not containing 
alcohol, spirits, wine, or beer, and all drinks of potable liquids and 
all preparations or mixtures capable of human consumption, and any 
liquid, semi-solid, solid, or other substance, which contains more than 
one percent (1%) of alcohol by weight shall be conclusively deemed to 
be intoxicating.
    6. ``Wildhorse Resort & Casino''. Shall include the casino, hotels, 
golf course (including club house), cineplex, RV park and future 
facilities that become a part of the Wildhorse Resort & Casino located 
on the Umatilla Indian Reservation.
    7. ``Sale'' and ``Sell''. Includes exchange, barter, and traffic; 
and also the supplying or distribution by any means whatsoever, of 
liquor or any liquid known or described as beer or by any name whatever 
commonly used to describe malt or brewed liquor or wine, by any person 
to any other person; and also includes the supply and distribution to 
any other person.
    8. ``Spirits''. Any beverage which contains alcohol obtained by 
distillation, including wines exceeding seventeen percent (17%) of 
alcohol by weight.
    9. ``Wine''. Any alcoholic beverage obtained by fermentation of 
fruits, grapes, berries, or any other agricultural product containing 
sugar, to which any saccharin substances may have been added before, 
during or after fermentation, and containing not more than seventeen 
percent (17%) of alcohol by weight, including sweet wines fortified 
with wine spirits, such as port, sherry, muscatel, and anglican, not 
exceeding seventeen percent (17%) of alcohol by weight.
SECTION 1.04. JURISDICTION
To the extent permitted by applicable law, the Confederated Tribes 
asserts jurisdiction to determine whether liquor sales and service are 
permitted within the boundaries of the Umatilla Indian Reservation. 
Nothing in this Code is intended nor shall be construed to limit the 
jurisdiction of the Confederated Tribes to regulate liquor sales and 
service on all lands within the boundaries of the Umatilla Indian 
Reservation.
SECTION 1.05. RELATION TO OTHER LAWS
All prior codes, ordinances, resolutions and motions of the 
Confederated Tribes

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regulating, authorizing, prohibiting, or in any way dealing with the 
sale or service of liquor are hereby repealed and are of no further 
force or effect to the extent they are inconsistent or conflict with 
the provisions of this Code. Specifically, amendments to the Criminal 
Code to make it consistent with this Liquor Code have been approved by 
Resolution 05-095 (October 3, 2005). No Tribal business licensing law 
or other Tribal law shall be applied in a manner inconsistent with the 
provisions of this Code.
SECTION 1.06. AUTHORIZED SALE AND SERVICE OF LIQUOR
    A. Liquor may be offered for sale and may be served on the Umatilla 
Indian Reservation only at the following locations:
    1. At the Wildhorse Resort & Casino;
    2. At the Coyote Business Park by any Coyote Business Park lessee 
if liquor sales or service is permitted in the lease between the lessee 
and the Confederated Tribes; and
    3. At any other Authorized Liquor Business location if liquor sales 
or service is permitted in the lease between the lessee and the 
Confederated Tribes or at any other enterprise of the Confederated 
Tribes if liquor sales or service are authorized by a Board of Trustees 
resolution.
SECTION 1.07. PROHIBITIONS
    A. General Prohibitions. The commercial introduction of liquor for 
sales and service, other than as permitted by this Code, is prohibited 
within the Umatilla Indian Reservation, and is hereby declared an 
offense under Tribal law. Federal liquor laws applicable to Indian 
Country shall remain applicable to any person, act, or transaction 
which is not authorized by this Code and violators of this Code shall 
be subject to federal prosecution as well as to legal action in 
accordance with the law of the Confederated Tribes.
    B. Age Restrictions. No person shall be authorized to serve liquor 
unless they are at least 21 years of age. No person may be served 
liquor unless they are 21 years of age.
    C. Off Premises Consumption of Liquor.
    1. All liquor sales and service authorized by this Code at the 
Wildhorse Resort & Casino shall be fully consumed at the Wildhorse 
Resort & Casino as set forth in section 1.06 of this Code and no open 
containers of liquor, or unopened containers of liquor in bottles, 
cans, or otherwise may be permitted outside of the above-described 
premises, except as follows:
    (a) Patrons at Wildhorse or Authorized Liquor Business restaurants 
may be permitted to remove a partially consumed bottle of wine from the 
restaurant if the wine is served in conjunction with the patron's meal, 
the patron is not a minor and the patron is not visibly intoxicated.
    (b) Organizers of meetings or conventions at Wildhorse may be 
permitted to offer or award liquor, including wine, to meeting and 
convention participants, provided that the participant is not a minor 
nor visibly intoxicated, and such liquor or wine may be removed from 
the Wildhorse premises by the participant so long as the liquor or wine 
is not opened.
    2. Liquor sales and service at Coyote Business Park shall be 
conducted in strict compliance with the lease between the Coyote 
Business Park lessee and the Confederated Tribes.
    3. Liquor sales and service at an Authorized Liquor Business shall 
be conducted in strict compliance with the applicable lease or Board of 
Trustees resolution.
    D. No Credit Liquor Sales. The sales and service of liquor 
authorized by this Code shall be upon a cash basis only. For purposes 
of this Code, payment for liquor on a cash basis shall include payment 
by cash, credit card, or check.
SECTION 1.08. CONFORMITY WITH APPLICABLE LAW
    A. Authorized liquor sales and service on the Umatilla Indian 
Reservation shall comply with Oregon State liquor law standards to the 
extent required by 18 U.S.C. 1161.
    B. Wildhorse Resort & Casino. The Wildhorse Chief Executive Officer 
shall be responsible for ensuring that all OLCC license requirements 
are satisfied, that the license(s) is renewed on an annual basis, and 
that all reasonable and necessary actions are taken to sell and serve 
liquor to Wildhorse patrons in a manner consistent with this Code, 
applicable State law, and the Tribal-State Compact. The Wildhorse Chief 
Executive Officer shall also be authorized to purchase liquor from the 
State or other source for sale and service within the Wildhorse Resort 
& Casino. The Wildhorse Chief Executive Officer is further authorized 
to treat as a casino expense any license fees associated with the OLCC 
liquor license.
    C. Coyote Business Park. The Coyote Business Park lessee authorized 
to sell or serve liquor as provided in section 1.06(A)(2) of this Code, 
shall be responsible for insuring that all OLCC license requirements 
are satisfied, that the license(s) is renewed on an annual basis, and 
that all reasonable and necessary actions are taken to sell and serve 
liquor in a manner consistent with this Code and applicable Tribal and 
State law.
    D. Authorized Liquor Business. The lessee or manager of an 
Authorized Liquor Business shall be responsible for insuring that all 
OLCC license requirements are satisfied, that the license(s) is renewed 
on an annual basis, and that all reasonable and necessary actions are 
taken to sell and serve liquor in a manner consistent with this Code 
and applicable Tribal and State law.
SECTION 1.09. PENALTY
Any person or entity possessing, selling, serving, bartering, or 
manufacturing liquor products in violation of any part of this Code 
shall be subject to a civil fine of not more than $500 for each 
violation involving possession, but up to $5,000 for each violation 
involving selling, bartering, or manufacturing liquor products in 
violation of this Code, and violators may be subject to exclusion from 
the Umatilla Indian Reservation. In addition, persons or entities 
subject to the criminal jurisdiction of the Confederated Tribes who 
violate this Code shall be subject to criminal punishment as provided 
in the Criminal Code. All contraband liquor shall be confiscated by the 
Umatilla Tribal Police Department (UTPD). The Umatilla Tribal Court 
shall have exclusive jurisdiction to enforce this Code and the civil 
fines, criminal punishment and exclusion authorized by this section.
SECTION 1.10. SOVEREIGN IMMUNITY PRESERVED
Nothing in this Code is intended or shall be construed as a waiver of 
the sovereign immunity of the Confederated Tribes. No manager or 
employee of the Confederated Tribes or the Wildhorse Resort & Casino 
shall be authorized, nor shall they attempt, to waive the sovereign 
immunity of the Confederated Tribes pursuant to this Code.
SECTION 1.11. SEVERABILITY
If any provision or provisions in this Code are held invalid by a court 
of competent jurisdiction, this Code shall continue in effect as if the 
invalid provision(s) were not a part hereof.
SECTION 1.12. EFFECTIVE DATE
This Code shall be effective following approval by the Board of 
Trustees and approval by the Secretary of the Interior or his/her 
designee and thirty days after

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publication in the Federal Register as provided by federal law.

[FR Doc. 2019-15548 Filed 7-19-19; 8:45 am]
BILLING CODE 4337-15-P