Liquor Control Statute of the Ione Band of Miwok Indians, 49673-49675 [2020-17750]

Download as PDF Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices Total Estimated Number of Annual Responses: 2,208. Estimated Completion Time per Response: For each form, we will include an average burden time ranging from 10 minutes to 1 hour. Total Estimated Number of Annual Burden Hours: 1,158. Respondent’s Obligation: Voluntary. Frequency of Collection: Monthly or Annually. Total Estimated Annual Non-hour Burden Cost: There are no ‘‘non-hour cost’’ burdens associated with this IC. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The authorities for this action are the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq), the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1601 et seq.), the National Mining and Minerals Policy Act of 1970 (30 U.S.C. 21(a)), the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), and the Defense Production Act (50 U.S.C. 2061 et seq.). Michael Magyar, Acting Director, National Minerals Information Center, U.S. Geological Survey. [FR Doc. 2020–17829 Filed 8–13–20; 8:45 am] BILLING CODE 4338–11–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [201A2100DD/AAKC001030/ A0A501010.999900253G] Liquor Control Statute of the Ione Band of Miwok Indians Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: This notice publishes the Liquor Control Statute (Statute) of the Ione Band of Miwok Indians. The Statute regulates and controls the possession, sale, manufacture, and distribution of alcohol in conformity with the laws of the State of California. DATES: This ordinance shall take effect on September 14, 2020. FOR FURTHER INFORMATION CONTACT: Mr. Harley Long, Tribal Government Officer, Pacific Regional Office, Bureau of Indian Affairs, 2800 Cottage Way, Room W–2820, Sacramento, California 95825, telephone (916) 978–6000, fax: (916) 978–6099. SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Public khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:29 Aug 13, 2020 Jkt 250001 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 control ordinances for the purpose of regulating liquor transactions in Indian country. The Ione Band of Miwok Indians adopted the Ione Band Liquor Control Statute on March 26, 2020. 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 Ione Band of Miwok Indians duly adopted the Ione Band Liquor Control Statute on March 26, 2020. Tara Sweeney, Assistant Secretary–Indian Affairs. The Liquor Control Statute of the Ione Band of Miwok Indians shall read as follows: Liquor Control Statute of the Ione Band of Miwok Indians Article One Introduction Section 1. Authority This Statute is enacted pursuant to the Act of August 15, 1953 (Pub. L. 83– 277, 67 Stat. 586, 18 U.S.C. 1161) and by powers vested in the Ione Band of Miwok Indians Tribal Council (‘‘Tribal Council’’) to promulgate and enforce civil and criminal ordinances governing the conduct, affairs, and transactions of members of the Ione Band of Miwok Indians of California (‘‘Tribe’’), and to the extent permitted by federal law, governing the conduct, affairs, and transactions of non-members of the Tribe, as authorized under Article VII, Section 1 of the Constitution of the Tribe, adopted by the Tribe on August 10, 2002, and approved by the Secretary of the Interior on September 6, 2002 (‘‘Constitution’’). Section 2. Purpose The purpose of this Statute is to regulate and control the possession, sale, manufacture and distribution of liquor within Tribal Trust Lands (as hereafter defined), in order to permit alcohol sales by tribally owned and operated enterprises and private lessees, and at tribally approved special events. Enactment of a liquor control statute will help provide a source of revenue for the continued operation of the tribal government, the delivery of governmental services, and the economic viability of tribal enterprises. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 49673 Section 3. Short Title This Statute shall be known and cited as the ‘‘Ione Band Liquor Control Statute.’’ Section 4. Jurisdiction This Statute shall apply to all lands now or in the future under the governmental authority of the Tribe, including Tribal Trust Lands. Section 5. Application of 18 U.S.C. 1161 By adopting this Statute, the Tribe hereby regulates the sale, distribution, and consumption of liquor while ensuring that such activity conforms with all applicable laws of the State of California as required by 18 U.S.C. 1161 and the United States. Section 5. Declaration of Public Policy; Findings The Tribal Council enacts this Statute, based upon the following findings: (a) The distribution, possession, consumption and sale of liquor on the Tribal Trust Lands is a matter of special concern to the Tribe. (b) The Tribe plans to construct and operate a gaming facility and related entertainment and lodging facilities on a portion of its Tribal Trust Lands. (c) The Tribe’s gaming facility will serve as an integral and indispensable part of the Tribe’s economy, providing revenue to the Tribe’s government and employment to tribal citizens and others in the local community. (d) Federal law, as codified at 18 U.S.C. 1154 and 1161, currently prohibits the introduction of liquor into Indian country, except in accordance with State law and the duly enacted law of the Tribe. (e) The Tribe recognizes the need for strict control and regulation of liquor transactions on Tribal Trust Lands because of potential problems associated with the unregulated or inadequate regulated sale, possession, distribution, and consumption of liquor. (f) Regulating the possession, sale, distribution and manufacture of liquor within Tribal Trust Lands is also consistent with the Tribe’s interest in ensuring the peace, safety, health, and general welfare of the Tribe and its citizens. (g) Tribal control and regulation of liquor on Tribal Trust Lands is consistent with the Tribe’s custom and tradition of controlling the possession and consumption of liquor on tribal lands and at tribal events. (h) The purchase, distribution, and sale of liquor on Tribal Trust Lands shall take place only at duly licensed (i) tribally owned enterprises, (ii) other enterprises operating pursuant to a lease E:\FR\FM\14AUN1.SGM 14AUN1 49674 Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices with the Tribe, and (iii) triballysanctioned events. (i) The sale or other commercial manufacture or distribution of liquor on Tribal Trust Lands, other than sales, manufacture, and distributions made in strict compliance with this Statute, is detrimental to the health, safety, and general welfare of the citizens of the Tribe, and is prohibited. Article Two khammond on DSKJM1Z7X2PROD with NOTICES Definitions Section 1. Definitions As used in this Statute, the terms below are defined as follows: (a) Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, in any form, and regardless of source or the process used for its production. (b) Alcoholic beverage means all alcohol, spirits, liquor, wine, beer and any liquid or solid containing alcohol, spirits, liquor, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and that is fit for human consumption, either alone or when diluted, mixed, or combined with any other substance(s). (c) Compact means a Tribal-State compact between the State and the Tribe that governs the conduct of class III gaming activities on that portion of the Tribal Trust Lands recognized as ‘‘Indian lands’’ pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq., or such other procedures prescribed by the Secretary under the Act pursuant to 25 U.S.C. 2710(d)(7)(B)(vii). (d) License means, unless otherwise stated, a license issued by the Tribe in accordance with this Statute. (e) Liquor means any alcoholic beverage, as defined under this Section. (f) Person means any individual or entity, whether Indian or non-Indian, receiver, assignee, trustee in bankruptcy, trust, estate, firm, corporation, partnership, joint corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit or otherwise, and any other Indian tribe, band or group. The term shall also include the businesses of the Tribe. (g) Sale and sell means the transfer for consideration of any kind, including by exchange or barter. (h) Secretary means the Secretary of the United States Department of the Interior. (i) State means the State of California. (j) Tribal Trust Lands means and includes all lands held by the United States in trust for the Tribe now or in the future. VerDate Sep<11>2014 17:29 Aug 13, 2020 Jkt 250001 (k) Tribe means the Ione Band of Miwok Indians of California, a federally recognized Tribe. Article Three Liquor Sales, Possession, & Manufacture Section 1. Possession of Alcohol The introduction and possession of alcoholic beverages shall be lawful within Tribal Trust Lands; provided that such introduction or possession is in conformity with the laws of the State. Section 2. Retail Sales of Alcohol The sale of alcoholic beverages shall be lawful within Tribal Trust Lands; provided that such sales are in conformity with the laws of the State and are made pursuant to a license issued by the Tribe. Section 3. Manufacture of Alcohol The manufacture of alcohol shall be lawful within Tribal Trust Lands, provided that such manufacture is in conformity with the laws of the State and pursuant to a license issued by the Tribe. Section 4. Age Limits The legal age for possession or consumption of alcohol within Tribal Trust Lands shall be the same as that of the State, which is currently 21 years. No person under the age of 21 years shall purchase, possess or consume any alcoholic beverage. If there is any conflict between State law and the terms of the Compact, if any, regarding the age limits for alcohol possession or consumption, the age limits in the Compact shall govern for purposes of this Statute. Article Five Enforcement Section 1. Enforcement The Tribal Council shall have the power to develop, enact, promulgate and enforce regulations as necessary for the enforcement of this Statute and to protect the public health, welfare and safety of the Tribe, provided that all such regulations shall conform to and not be in conflict with any applicable tribal, federal or state law. Regulations enacted pursuant to this Statute may include provisions for suspension or revocation of tribal liquor licenses, reasonable search and seizure provisions, and civil and criminal penalties for violations of this Statute to the full extent permitted by federal law and consistent with due process. Tribal law enforcement personnel and security personnel duly authorized by the Tribal Council shall have the authority to enforce this Statute by confiscating any liquor sold, possessed, distributed, manufactured or introduced within Tribal Trust Lands in violation of this Statute or of any regulations duly adopted pursuant to this Statute. The Tribal Council shall have the exclusive jurisdiction to hold hearings on violations of this Statute and any procedures or regulations adopted pursuant to this Statute; to promulgate appropriate procedures governing such hearings; to determine and enforce penalties or damages for violations of this Statute; and to delegate to a subordinate hearing officer or panel the authority to take any or all of the foregoing actions on its behalf. Article Six Article Four Taxes Licensing Section 1. Taxation Section 1. Licensing Nothing contained in this Statute is intended to, nor does in any way, limit or restrict the Tribe’s ability to impose any tax upon the sale or consumption of alcohol. The Tribe retains the right to impose such taxes by appropriate statute to the full extent permitted by federal law. The Tribal Council shall have the power to establish procedures and standards for tribal licensing of liquor sales within Tribal Trust Lands, including the setting of a license fee schedule, and shall have the power to publish and enforce such standards; provided that no tribal license shall issue 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 to a tribal license. The Tribal Council may in its discretion set standards which are more, but in no case less, stringent than those of the State. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 Article Seven Miscellaneous Provisions Section 1. Sovereign Immunity Preserved Nothing contained in this Statute is intended to, nor does in any way, limit, alter, restrict, or waive the sovereign immunity of the Tribe or any of its agencies, agents or officials from unconsented suit or action of any kind. E:\FR\FM\14AUN1.SGM 14AUN1 Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices Section 2. Conformance with Applicable Laws All acts and transactions under this Statute shall be in conformity with the Compact, if any, and laws of the State to the extent required by 18 U.S.C. 1161 and with all Federal laws regarding alcohol in Indian Country. Section 3. Effective Date This Statute shall be effective as of the date on which the Secretary certifies this Statute and publishes the same in the Federal Register. Section 4. Repeal of Prior Acts All prior enactments of the Tribal Council, including tribal resolutions, policies, regulations, or statutes pertaining to the subject matter set forth in this Statute are hereby rescinded. Section 5. Amendments This Statute may only be amended pursuant to an amendment duly enacted by the Tribal Council and certification by the Secretary and publication in the Federal Register, if required. Section 6. Severability and Savings Clause If any part or provision of this Statute 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 Statute shall not be affected and shall continue to remain in full force and effect. [FR Doc. 2020–17750 Filed 8–13–20; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWO320000 L13300000.EP0000; OMB Control Number 1004–0103] Agency Information Collection Activities; Mineral Materials Disposal Bureau of Land Management, Interior. ACTION: Notice of information collection; request for comment. AGENCY: In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Land Management (BLM) are proposing to renew an information collection. DATES: Interested persons are invited to submit comments on or before October 13, 2020. ADDRESSES: Send your comments on this information collection request (ICR) by mail to the U.S. Department of the khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:29 Aug 13, 2020 Jkt 250001 Interior, Bureau of Land Management, 1849 C Street NW, Room 2134LM, Attn. Faith Bremner, Washington, DC 20240; or by email to fbremner@blm.gov. Please reference Office of Management and Budget (OMB) Control Number 1004– 0103 in the subject line of your comments. To request additional information about this ICR, contact Timothy L. Barnes by email at tbarnes@blm.gov, or by telephone at 541–416–6858. Individuals who are hearing or speech impaired may call the Federal Relay Service at 1– 800–877–8339 for TTY assistance. SUPPLEMENTARY INFORMATION: In accordance with the PRA and its implementing regulations at 5 CFR 1320.8(d)(1), all information collections require approval under the PRA. We 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. As part of our continuing effort to reduce paperwork and respondent burdens, we invite the public and other Federal agencies to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. We are especially interested in public comment addressing the following: (1) Whether or not the collection of information is necessary for the proper performance of the functions of the agency, including whether or not the information will have practical utility; (2) The accuracy of our estimate of the burden for this collection of information, including the validity of the methodology and assumptions used; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) How might the agency minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of response. Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 49675 identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Abstract: The BLM is required by the Materials Act of 1947 (30 U.S.C. 601 and 602) and Section 302 of the Federal Land Policy and Management Act (43 U.S.C. 1732) to manage the sale and free use of mineral materials that are not subject to mineral leasing or location under the mining laws (e.g., common varieties of sand, stone, gravel, pumice, pumicite, clay, and rock). The Materials Act authorizes the BLM to sell these mineral materials at fair market value and to grant free-use permits to government agencies and nonprofit organizations. To obtain a sales contract or free-use permit, an applicant must submit information to identify themselves, the location of the site, and the proposed method to remove the mineral materials. The BLM uses the information to process each request for disposal, determine whether the request to dispose of mineral materials meets statutory requirements, and whether to approve the request. Title of Collection: Mineral Materials Disposal (43 CFR part 3600). OMB Control Number: 1004–0103. Form Number: 3600–9, Contract for the Sale of Mineral Materials. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: An estimated 265 businesses annually submit applications to purchase or use mineral materials from public lands. Total Estimated Number of Annual Respondents: 265. Total Estimated Number of Annual Responses: 3,870. Estimated Completion Time per Response: Varies from 30 minutes to 30 hours, depending on activity. Total Estimated Number of Annual Burden Hours: 5,833. Respondent’s Obligation: Required to obtain or retain a benefit. Frequency of Collection: On occasion. Total Estimated Annual Nonhour Burden Cost: $53,400. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. E:\FR\FM\14AUN1.SGM 14AUN1

Agencies

[Federal Register Volume 85, Number 158 (Friday, August 14, 2020)]
[Notices]
[Pages 49673-49675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17750]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[201A2100DD/AAKC001030/A0A501010.999900253G]


Liquor Control Statute of the Ione Band of Miwok Indians

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes the Liquor Control Statute (Statute) of 
the Ione Band of Miwok Indians. The Statute regulates and controls the 
possession, sale, manufacture, and distribution of alcohol in 
conformity with the laws of the State of California.

DATES: This ordinance shall take effect on September 14, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Harley Long, Tribal Government 
Officer, Pacific Regional Office, Bureau of Indian Affairs, 2800 
Cottage Way, Room W-2820, Sacramento, California 95825, telephone (916) 
978-6000, fax: (916) 978-6099.

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 control ordinances for the purpose of regulating 
liquor transactions in Indian country. The Ione Band of Miwok Indians 
adopted the Ione Band Liquor Control Statute on March 26, 2020.
    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 Ione Band of Miwok Indians duly adopted the 
Ione Band Liquor Control Statute on March 26, 2020.

Tara Sweeney,
Assistant Secretary-Indian Affairs.
    The Liquor Control Statute of the Ione Band of Miwok Indians shall 
read as follows:

Liquor Control Statute of the Ione Band of Miwok Indians

Article One

Introduction

Section 1. Authority

    This Statute is enacted pursuant to the Act of August 15, 1953 
(Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161) and by powers vested in 
the Ione Band of Miwok Indians Tribal Council (``Tribal Council'') to 
promulgate and enforce civil and criminal ordinances governing the 
conduct, affairs, and transactions of members of the Ione Band of Miwok 
Indians of California (``Tribe''), and to the extent permitted by 
federal law, governing the conduct, affairs, and transactions of non-
members of the Tribe, as authorized under Article VII, Section 1 of the 
Constitution of the Tribe, adopted by the Tribe on August 10, 2002, and 
approved by the Secretary of the Interior on September 6, 2002 
(``Constitution'').

Section 2. Purpose

    The purpose of this Statute is to regulate and control the 
possession, sale, manufacture and distribution of liquor within Tribal 
Trust Lands (as hereafter defined), in order to permit alcohol sales by 
tribally owned and operated enterprises and private lessees, and at 
tribally approved special events. Enactment of a liquor control statute 
will help provide a source of revenue for the continued operation of 
the tribal government, the delivery of governmental services, and the 
economic viability of tribal enterprises.

Section 3. Short Title

    This Statute shall be known and cited as the ``Ione Band Liquor 
Control Statute.''

Section 4. Jurisdiction

    This Statute shall apply to all lands now or in the future under 
the governmental authority of the Tribe, including Tribal Trust Lands.

Section 5. Application of 18 U.S.C. 1161

    By adopting this Statute, the Tribe hereby regulates the sale, 
distribution, and consumption of liquor while ensuring that such 
activity conforms with all applicable laws of the State of California 
as required by 18 U.S.C. 1161 and the United States.

Section 5. Declaration of Public Policy; Findings

    The Tribal Council enacts this Statute, based upon the following 
findings:
    (a) The distribution, possession, consumption and sale of liquor on 
the Tribal Trust Lands is a matter of special concern to the Tribe.
    (b) The Tribe plans to construct and operate a gaming facility and 
related entertainment and lodging facilities on a portion of its Tribal 
Trust Lands.
    (c) The Tribe's gaming facility will serve as an integral and 
indispensable part of the Tribe's economy, providing revenue to the 
Tribe's government and employment to tribal citizens and others in the 
local community.
    (d) Federal law, as codified at 18 U.S.C. 1154 and 1161, currently 
prohibits the introduction of liquor into Indian country, except in 
accordance with State law and the duly enacted law of the Tribe.
    (e) The Tribe recognizes the need for strict control and regulation 
of liquor transactions on Tribal Trust Lands because of potential 
problems associated with the unregulated or inadequate regulated sale, 
possession, distribution, and consumption of liquor.
    (f) Regulating the possession, sale, distribution and manufacture 
of liquor within Tribal Trust Lands is also consistent with the Tribe's 
interest in ensuring the peace, safety, health, and general welfare of 
the Tribe and its citizens.
    (g) Tribal control and regulation of liquor on Tribal Trust Lands 
is consistent with the Tribe's custom and tradition of controlling the 
possession and consumption of liquor on tribal lands and at tribal 
events.
    (h) The purchase, distribution, and sale of liquor on Tribal Trust 
Lands shall take place only at duly licensed (i) tribally owned 
enterprises, (ii) other enterprises operating pursuant to a lease

[[Page 49674]]

with the Tribe, and (iii) tribally-sanctioned events.
    (i) The sale or other commercial manufacture or distribution of 
liquor on Tribal Trust Lands, other than sales, manufacture, and 
distributions made in strict compliance with this Statute, is 
detrimental to the health, safety, and general welfare of the citizens 
of the Tribe, and is prohibited.

Article Two

Definitions

Section 1. Definitions

    As used in this Statute, the terms below are defined as follows:
    (a) Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirit 
of wine, in any form, and regardless of source or the process used for 
its production.
    (b) Alcoholic beverage means all alcohol, spirits, liquor, wine, 
beer and any liquid or solid containing alcohol, spirits, liquor, wine, 
or beer, and which contains one-half of one percent or more of alcohol 
by volume and that is fit for human consumption, either alone or when 
diluted, mixed, or combined with any other substance(s).
    (c) Compact means a Tribal-State compact between the State and the 
Tribe that governs the conduct of class III gaming activities on that 
portion of the Tribal Trust Lands recognized as ``Indian lands'' 
pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq., 
or such other procedures prescribed by the Secretary under the Act 
pursuant to 25 U.S.C. 2710(d)(7)(B)(vii).
    (d) License means, unless otherwise stated, a license issued by the 
Tribe in accordance with this Statute.
    (e) Liquor means any alcoholic beverage, as defined under this 
Section.
    (f) Person means any individual or entity, whether Indian or non-
Indian, receiver, assignee, trustee in bankruptcy, trust, estate, firm, 
corporation, partnership, joint corporation, association, society, or 
any group of individuals acting as a unit, whether mutual, cooperative, 
fraternal, non-profit or otherwise, and any other Indian tribe, band or 
group. The term shall also include the businesses of the Tribe.
    (g) Sale and sell means the transfer for consideration of any kind, 
including by exchange or barter.
    (h) Secretary means the Secretary of the United States Department 
of the Interior.
    (i) State means the State of California.
    (j) Tribal Trust Lands means and includes all lands held by the 
United States in trust for the Tribe now or in the future.
    (k) Tribe means the Ione Band of Miwok Indians of California, a 
federally recognized Tribe.

Article Three

Liquor Sales, Possession, & Manufacture

Section 1. Possession of Alcohol

    The introduction and possession of alcoholic beverages shall be 
lawful within Tribal Trust Lands; provided that such introduction or 
possession is in conformity with the laws of the State.

Section 2. Retail Sales of Alcohol

    The sale of alcoholic beverages shall be lawful within Tribal Trust 
Lands; provided that such sales are in conformity with the laws of the 
State and are made pursuant to a license issued by the Tribe.

Section 3. Manufacture of Alcohol

    The manufacture of alcohol shall be lawful within Tribal Trust 
Lands, provided that such manufacture is in conformity with the laws of 
the State and pursuant to a license issued by the Tribe.

Section 4. Age Limits

    The legal age for possession or consumption of alcohol within 
Tribal Trust Lands shall be the same as that of the State, which is 
currently 21 years. No person under the age of 21 years shall purchase, 
possess or consume any alcoholic beverage. If there is any conflict 
between State law and the terms of the Compact, if any, regarding the 
age limits for alcohol possession or consumption, the age limits in the 
Compact shall govern for purposes of this Statute.

Article Four

Licensing

Section 1. Licensing

    The Tribal Council shall have the power to establish procedures and 
standards for tribal licensing of liquor sales within Tribal Trust 
Lands, including the setting of a license fee schedule, and shall have 
the power to publish and enforce such standards; provided that no 
tribal license shall issue 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 to a tribal 
license. The Tribal Council may in its discretion set standards which 
are more, but in no case less, stringent than those of the State.

Article Five

Enforcement

Section 1. Enforcement

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

Article Six

Taxes

Section 1. Taxation

    Nothing contained in this Statute is intended to, nor does in any 
way, limit or restrict the Tribe's ability to impose any tax upon the 
sale or consumption of alcohol. The Tribe retains the right to impose 
such taxes by appropriate statute to the full extent permitted by 
federal law.

Article Seven

Miscellaneous Provisions

Section 1. Sovereign Immunity Preserved

    Nothing contained in this Statute is intended to, nor does in any 
way, limit, alter, restrict, or waive the sovereign immunity of the 
Tribe or any of its agencies, agents or officials from unconsented suit 
or action of any kind.

[[Page 49675]]

Section 2. Conformance with Applicable Laws

    All acts and transactions under this Statute shall be in conformity 
with the Compact, if any, and laws of the State to the extent required 
by 18 U.S.C. 1161 and with all Federal laws regarding alcohol in Indian 
Country.

Section 3. Effective Date

    This Statute shall be effective as of the date on which the 
Secretary certifies this Statute and publishes the same in the Federal 
Register.

Section 4. Repeal of Prior Acts

    All prior enactments of the Tribal Council, including tribal 
resolutions, policies, regulations, or statutes pertaining to the 
subject matter set forth in this Statute are hereby rescinded.

Section 5. Amendments

    This Statute may only be amended pursuant to an amendment duly 
enacted by the Tribal Council and certification by the Secretary and 
publication in the Federal Register, if required.

Section 6. Severability and Savings Clause

    If any part or provision of this Statute 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 Statute shall 
not be affected and shall continue to remain in full force and effect.

[FR Doc. 2020-17750 Filed 8-13-20; 8:45 am]
BILLING CODE 4337-15-P