Liquor Control Statute of the Ione Band of Miwok Indians, 49673-49675 [2020-17750]
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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.
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21(a)), the Strategic and Critical
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et seq.), and the Defense Production Act
(50 U.S.C. 2061 et seq.).
Michael Magyar,
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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
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SUMMARY:
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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.
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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
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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
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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.
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(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.
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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.
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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
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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:
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49675
identifying information in your
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your entire comment—including your
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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
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Respondent’s Obligation: Required to
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Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
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]]>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
