Lower Elwha Tribal Community; Liquor Ordinance, 39448-39450 [2023-12920]
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39448
Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices
disability, protected genetic
information, or status as a parent, and
to promote the full realization of equal
employment opportunity (EEO) through
a continuing affirmative program in
each agency.
Persons who claim to have been
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relating to them, can seek a remedy
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(title VII) (42 U.S.C. 2000e et seq.) (race,
color, religion, sex (including
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orientation), national origin), the Age
Discrimination in Employment Act
(ADEA) (29 U.S.C. 621 et seq.) (age), the
Equal Pay Act (29 U.S.C. 206(d)) (sex),
the Rehabilitation Act (29 U.S.C. 791 et
seq.) (disability), the Genetic
Information Nondiscrimination Act
(GINA) (42 U.S.C. 2000ff et seq.)
(genetic information), and Executive
Order 11478 (as amended by Executive
Orders 13087 and 13152) (sexual
orientation or status as a parent).
The Department of Homeland
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and Civil Liberties (CRCL) adjudicates
discrimination complaints filed by
current and former DHS employees, as
well as applicants for employment at
DHS. The complaint adjudication
process for statutory rights is outlined in
the Equal Employment Opportunity
Commission (EEOC) regulations found
at title 29, Code of Federal Regulations,
part 1614, and EEOC Management
Directive 110. For complaints alleging
discrimination prohibited by Executive
Order 11478, DHS follows procedures
similar to the procedures for statutory
rights, to the extent permitted by law.
The recordkeeping provisions are
designed to ensure that a current
employee, former employee, or
applicant for employment claiming to
be aggrieved or that person’s attorney
provide a signed statement that is
sufficiently precise to identify the
aggrieved individual and the agency and
to describe generally the action(s) or
practice(s) that form the basis of the
complaint. The complaint must also
contain a telephone number and address
where the complainant or the
representative can be contacted. The
complaint form is used for original
allegations of discrimination but also for
amendments to underlying complaints
of discrimination. The form also
determines whether the person is
willing to participate in mediation or
other available types of alternative
dispute resolution (ADR) to resolve their
complaint; Congress has enacted
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17:43 Jun 15, 2023
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legislation to encourage the use of ADR
in the Federal sector and the form
ensures that such an option is
considered at this preliminary stage of
the EEO complaint process.
A complainant may access the
complaint form on the agency website
and may submit a completed complaint
form electronically to the relevant
Component’s EEO Office. The complaint
form can then be directly uploaded into
the DHS EEO Enterprise Complaints
Tracking System, also known as
‘‘iComplaints.’’
There is no change or adjustment to
the burden associated with the
collection of information associated
with the DHS complaint form. DHS is
not proposing to make any changes to
the DHS complaint form. This request is
a renewal of the current ICR collection
expiring in 60 days.
This is a renewal of the ICR request.
The Office of Management and Budget
is particularly interested in comments
which:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility.
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used.
Based on an average of the formal
EEO complaints filed at DHS during
Fiscal Years 2014 through 2021, there
are approximately 1,200 respondents
each year. Of the 1,200 respondents,
1,064 are Federal employees who are
exempt (noted below). We estimate the
information collection to take
approximately 30 minutes.
136 respondents × 1⁄2 hour = 68 hours
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
This information collection is
conducted in manner consistent with
the guidelines in 5 CFR 1320.5(d)(2).
4. 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 submissions
of responses. A complainant may access
the complaint form on the agency
website and may submit a completed
complaint form electronically to the
relevant Component’s EEO Office. The
complaint form can then be directly
uploaded into the DHS EEO Enterprise
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Complaints Tracking System, also
known as ‘‘icomplaints.’’
Analysis
Agency: Department of Homeland
Security (DHS).
Title: DHS Individual Complaint of
Employment Discrimination.
OMB Number: 1610–0001.
Frequency: Annually.
Affected Public: Individuals and
households.
Number of Respondents: 1200.
Estimated Time Per Respondent: 30
mins.
Total Burden Hours: 600 hours.
Robert Porter Dorr,
Executive Director, Business Management
Directorate.
[FR Doc. 2023–12655 Filed 6–15–23; 8:45 am]
BILLING CODE 9112–FL–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[234A2100DD/AAKC001030/
A0A501010.999900]
Lower Elwha Tribal Community; Liquor
Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
Lower Elwha Tribal Community Liquor
Ordinance. This Ordinance certifies the
Tribe’s liquor licensing laws to regulate
and control possession, sale, and
consumption of liquor within the
jurisdiction of the Tribe’s reservation in
conformity with the laws of the State of
Washington for the purposes of
generating Tribal revenues. Enactment
of this statute will help provide a source
of revenue to strengthen Tribal
government, provide for economic
viability of Tribal enterprises, and
improve delivery of Tribal government
services.
DATES: This ordinance shall become
effective June 16, 2023.
FOR FURTHER INFORMATION CONTACT:
Sharon Jackson, Tribal Government
Services, Bureau of Indian Affairs, 911
Northeast 11th Avenue, Portland, OR
97232; telephone: (503) 231–6702; fax:
(503) 231–2201.
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
SUMMARY:
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Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices
ordinances for the purpose of regulating
liquor transactions in Indian country.
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 Lower Elwha Tribal
Community adopted Resolution
Number: 04–23 (Liquor Ordinance) on
January 09, 2023, as amended by
Resolution Number 41–23 (Revised
Liquor Ordinance) on April 03, 2023.
Bryan Newland,
Assistant Secretary–Indian Affairs.
The Lower Elwha Tribal
Community—Alcoholic Beverages
Ordinance shall read as follows:
1. General Purpose
The Lower Elwha Tribal Community,
also known as the Lower Elwha Klallam
Tribe (the ‘‘Tribe’’) has a paramount
interest in protecting the health, safety,
and general welfare of its members,
residents, and persons doing business
within or visiting the Tribe’s territorial
jurisdiction, and in promoting the
orderly economic development of the
tribal community. The purpose of this
Ordinance is to exercise the Tribe’s
sovereign and delegated authority to
regulate the sale, distribution, and
taxation of liquor within the Tribe’s
territorial jurisdiction.
2. 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 Tribal Business
Committee of the Lower Elwha Tribal
Community to develop, adopt and
enforce statutes as authorized under
Article IV, Section 1 of the Constitution
of the Lower Elwha Tribal Community,
adopted April 6, 1968, as subsequently
amended.
ddrumheller on DSK120RN23PROD with NOTICES1
3. Scope
3.1. This Ordinance applies to the full
extent of the sovereign jurisdiction of
the Tribe and any and all jurisdictional
authority delegated by the United States
under 18 U.S.C. 1161 and other laws.
The Tribe has inherent authority under
its Constitution to protect the public
health and safety and to regulate the
conduct of business within its territorial
jurisdiction; specifically, Article IV,
Section 1(b) of the Tribe’s Constitution
authorizes the Tribe to regulate the use
of community property, and Article IV,
Section 1(f) thereof authorizes the Tribe
to enact ordinances to levy and collect
taxes and to otherwise regulate the
conduct of business activities within the
Tribe’s territorial jurisdiction.
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39449
3.2. Compliance with this Ordinance
is a condition of any entry upon or use
of any land or premises within the
Tribe’s territorial jurisdiction.
3.3 Any person who resides, conducts
business, engages in a business
transaction, patronizes a business
operated by the Tribe, receives benefits
from the Tribe, acts under Tribal
authority, or enters the Tribe’s territorial
jurisdiction has consented to the
following:
3.3.1. To be bound by the terms of this
Ordinance;
3.3.2. To the exclusive authority of
the Tribe for purposes of administering
and enforcing this Ordinance and to the
exclusive jurisdiction of the Lower
Elwha Tribal Court for legal actions
arising under this Ordinance; and
3.3.3. To detainment, service of
summons and process, and search and
seizure in conjunction with legal actions
arising pursuant to this Ordinance.
3.4. This Ordinance is intended to be
in addition to, supplementary to, and
consistent with Federal law, and will
not be construed as contrary to Federal
law, or as inconsistent with any law of
the State of Washington relative to the
sale of liquor within the Tribe’s
territorial jurisdiction that has been
made applicable by Federal law.
5.3. ‘‘Territorial jurisdiction,’’
consistent with the definition of ‘‘Indian
country’’ in 18 U.S.C. 1151(a) and (c),
means:
5.3.1. All land within the limits of the
Lower Elwha Indian Reservation,
notwithstanding the issuance of any
patent, and, including rights of way
running through the Reservation; and
5.3.2. All other lands held by the
United States in trust for the benefit of
the Tribe, including rights of way
running through the same.
5.4. ‘‘Liquor’’ has the same meaning
as in the Revised Code of Washington,
RCW 66.04.010 (1), (3), (25), (26) and
(43), as of the effective date of this
Ordinance.
5.5. ‘‘Sale’’ and ‘‘sell’’ has the same
meaning as in the Revised Code of
Washington in RCW 66.04010 (39), as of
the effective date of this Ordinance.
5.6. ‘‘Tribal liquor retailer’’ means a
liquor retailer wholly owned and
controlled by the Lower Elwha Klallam
Tribe and located within the Tribe’s
territorial jurisdiction.
5.7. ‘‘Liquor distributor’’ means a
State-licensed entity located outside the
Tribe’s territorial jurisdiction that sells
liquor to a Tribal liquor retailer for
resale within the Tribe’s territorial
jurisdiction.
4. Repeal of Prior Liquor Control Laws
6. Liquor Sales by Tribal Liquor
Retailers Only
4.1. Any previously enacted
ordinances and resolutions of the Tribe
regulating, authorizing, prohibiting, or
in any way dealing with the sale of
liquor are hereby repealed and declared
to be of no further force and effect, with
the exception of the provisions of the
Elwha Justice Code Section 9.12, Drug
and Alcohol Violations.
4.2. The provisions of this Ordinance
are prospective only from the date of its
enactment. This Ordinance does not
affect any valid license or permit held
by a Tribal liquor retailer that may have
been previously issued by the State of
Washington, nor does it preclude the
Tribe from replacing any such license or
permit in accordance with a Tribal-State
Liquor Compact or Agreement.
5. Definitions
As used in this Ordinance, the
following definitions apply:
5.1. ‘‘Community Council’’ means the
Lower Elwha Tribal Community
Council, as defined in Article III,
Section 1 of the Tribe’s Constitution, as
amended.
5.2. ‘‘Business Committee’’ means the
Lower Elwha Tribal Business
Committee, as defined in Article III,
Section 2 of the Tribe’s Constitution, as
amended.
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6.1. Only Tribal liquor retailers may
obtain a license under this Ordinance to
sell liquor within the Tribe’s territorial
jurisdiction.
6.2. A Tribal liquor retailer must
obtain authorization under this
Ordinance by applying in writing to the
Business Committee for a license to sell
liquor at a specific location within the
Tribe’s territorial jurisdiction. The
Business Committee, in its sole
discretion, will determine whether to
grant a license. Each license granted
will specify what liquor products are
authorized to be sold pursuant to the
license as well as all other terms, which
must be set forth in writing and
approved by Resolution of the Business
Committee.
6.3. All Tribal liquor retailers must
comply with all provisions of this
Ordinance, with all applicable
provisions of any license issued
hereunder, and with any rules and
regulations promulgated hereunder by
the Business Committee.
6.4. A tribal liquor retailer, or the
Tribe on behalf of such retailer, must
also obtain authorization from the State
of Washington, or a certification from
the State that no such authorization is
required, before it may commence
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39450
Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices
selling liquor within the Tribe’s
territorial jurisdiction.
6.5. Liquor distributors located
outside the Tribe’s territorial
jurisdiction that are duly licensed by the
State of Washington are not required to
obtain a license under this Ordinance in
order to distribute liquor to any Tribal
liquor retailer authorized under this
Ordinance.
ddrumheller on DSK120RN23PROD with NOTICES1
7. Tribal Liquor Tax
7.1. The Tribal Taxing Authority,
vested in the office of the Chief
Financial Officer, has the authority and
responsibility to collect, audit, and issue
fees, licenses, taxes, and permits in
accordance with this Ordinance.
7.2. In consultation with the Office of
Tribal Attorney, the Tribal Taxing
Authority may propose a Tribal liquor
tax on all sales of liquor within the
Tribe’s territorial jurisdiction, and any
rules and regulations governing matters
under Section 6.1 above. All such
proposed taxes, fees, and regulations
must be approved by written resolution
of the Business Committee.
7.3. Any Tribal liquor tax must be
remitted to the Tribe on a quarterly
basis.
7.4. The Tribe will use its liquor tax
revenue for essential tribal government
functions and services.
8. Prohibitions and Enforcement;
License Revocation
8.1. The purchase, sale, and dealing in
liquor within Tribe’s territorial
jurisdiction by any Tribal liquor retailer,
or any other person, party, firm,
corporation, or entity, except as
provided in this Ordinance is hereby
declared unlawful. Without limitation
as to any other penalties and fines that
may apply, any violation of this
subsection is a civil infraction
punishable by a fine of up to five
hundred dollars ($500.00).
8.2. Nothing in this Ordinance
exempts a Tribal liquor retailer from
compliance with the provisions of
Section 9.12, Drug and Alcohol
Violations, of the Elwha Justice Code.
8.3. The Elwha Tribal Police are
authorized to enforce the provisions of
this Ordinance. The Lower Elwha Tribal
Court has exclusive jurisdiction to
determine any and all cases or disputes
arising under this Ordinance.
8.4. The Business Committee may
revoke any license granted under this
Ordinance for non-compliance, after
providing written notice to the license
holder and a fair and reasonable
opportunity to appear in person to
demonstrate why the license should not
be revoked. The decision of the
Business Committee to revoke a license
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Jkt 259001
is final, with no opportunity for judicial
review. Any search or seizure of
property related to such a revocation
will be done in accordance with
Sections 6.7 and 6.8 of the Lower Elwha
Judicial Code and Court Procedures.
9. Authority To Enter Into InterGovernmental Agreements; Compliance
with the Laws of the State of
Washington
9.1. The Business Committee is
authorized to approve and enter into
agreements with the Washington State
Liquor and Cannabis Board, the
Washington State Department of
Revenue, and any other cognizant
agency of the State concerning the
authorization, taxation, or other
regulation of liquor sales within the
Tribe’s territorial jurisdiction. The
Business Committee’s approval must be
memorialized in a Resolution, with a
copy of the agreement attached thereto.
9.2. Tribal liquor retailers must
comply with any applicable Washington
State liquor law standards to the extent
required by 18 U.S.C. 1161 or any
agreement entered into under Section
8.1 above.
10. Severability
If any section, provision, phrase,
addition, word, sentence, or amendment
of this Ordinance or its application to
any person is held invalid, that
invalidity will not affect the other
provisions or applications of this
Ordinance that can be given effect
without the invalid application.
11. Sovereign Immunity Preserved
Nothing in this Ordinance constitutes
or may be construed as a waiver of the
Tribe’s sovereign immunity from
unconsented suit. The Tribe will not
enter into any inter-governmental
agreement regarding the regulation of
liquor within the Tribe’s territorial
jurisdiction that waives the Tribe’s
sovereign immunity for any purpose
unless such waiver is expressly
approved in a Resolution of the
Business Committee. No Tribal liquor
retailer may waive the sovereign
immunity it possesses as an entity of the
Tribe, or waive the Tribe’s sovereign
immunity, without clear, express,
written approval of the Business
Committee.
12. Effective Date
Except where a different effective date
is required by Federal law, this
Ordinance is effective immediately
upon publication by the United States
Department of the Interior in the
Federal Register.
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13. Authority To Amend
The Business Committee is authorized
to amend this Ordinance as it may see
fit in the exercise of its sound judgment
on behalf of the Tribe and to take any
steps necessary to ensure that such
amendment is properly approved and
effective in accordance with applicable
Federal law.
[FR Doc. 2023–12920 Filed 6–15–23; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_AK_FRN_MO4500171905; F–14909–B,
F–19148–38]
Alaska Native Claims Selections
Bureau of Land Management,
Interior.
ACTION: Notice of decision approving
lands for conveyance.
AGENCY:
The Bureau of Land
Management (BLM) hereby provides
constructive notice that it will issue an
appealable decision approving
conveyance of the surface estate in
certain lands to Kuukpik Corporation
for the Native village of Nuiqsut,
pursuant to the Alaska Native Claims
Settlement Act of 1971 (ANCSA). As
provided by ANCSA, the BLM will
convey the subsurface estate in the same
lands to Arctic Slope Regional
Corporation when the BLM conveys the
surface estate to Kuukpik Corporation.
DATES: Any party claiming a property
interest in the lands affected by the
decision may appeal the decision in
accordance with the requirements of 43
CFR part 4 within the time limits set out
in the SUPPLEMENTARY INFORMATION
section.
ADDRESSES: You may obtain a copy of
the decision from the Bureau of Land
Management, Alaska State Office, 222
West Seventh Avenue, #13, Anchorage,
AK 99513–7504.
FOR FURTHER INFORMATION CONTACT:
Eileen Ford, Chief, Branch of
Adjudication, BLM Alaska State Office,
907–271–5715, or eford@blm.gov.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point of
contact in the United States.
SUPPLEMENTARY INFORMATION: As
required by 43 CFR 2650.7(d), notice is
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Pages 39448-39450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12920]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[234A2100DD/AAKC001030/A0A501010.999900]
Lower Elwha Tribal Community; Liquor Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Lower Elwha Tribal Community Liquor
Ordinance. This Ordinance certifies the Tribe's liquor licensing laws
to regulate and control possession, sale, and consumption of liquor
within the jurisdiction of the Tribe's reservation in conformity with
the laws of the State of Washington for the purposes of generating
Tribal revenues. Enactment of this statute will help provide a source
of revenue to strengthen Tribal government, provide for economic
viability of Tribal enterprises, and improve delivery of Tribal
government services.
DATES: This ordinance shall become effective June 16, 2023.
FOR FURTHER INFORMATION CONTACT: Sharon Jackson, Tribal Government
Services, Bureau of Indian Affairs, 911 Northeast 11th Avenue,
Portland, OR 97232; telephone: (503) 231-6702; fax: (503) 231-2201.
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
[[Page 39449]]
ordinances for the purpose of regulating liquor transactions in Indian
country.
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 Lower Elwha Tribal Community adopted
Resolution Number: 04-23 (Liquor Ordinance) on January 09, 2023, as
amended by Resolution Number 41-23 (Revised Liquor Ordinance) on April
03, 2023.
Bryan Newland,
Assistant Secretary-Indian Affairs.
The Lower Elwha Tribal Community--Alcoholic Beverages Ordinance
shall read as follows:
1. General Purpose
The Lower Elwha Tribal Community, also known as the Lower Elwha
Klallam Tribe (the ``Tribe'') has a paramount interest in protecting
the health, safety, and general welfare of its members, residents, and
persons doing business within or visiting the Tribe's territorial
jurisdiction, and in promoting the orderly economic development of the
tribal community. The purpose of this Ordinance is to exercise the
Tribe's sovereign and delegated authority to regulate the sale,
distribution, and taxation of liquor within the Tribe's territorial
jurisdiction.
2. 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 Tribal Business Committee of the Lower Elwha Tribal Community to
develop, adopt and enforce statutes as authorized under Article IV,
Section 1 of the Constitution of the Lower Elwha Tribal Community,
adopted April 6, 1968, as subsequently amended.
3. Scope
3.1. This Ordinance applies to the full extent of the sovereign
jurisdiction of the Tribe and any and all jurisdictional authority
delegated by the United States under 18 U.S.C. 1161 and other laws. The
Tribe has inherent authority under its Constitution to protect the
public health and safety and to regulate the conduct of business within
its territorial jurisdiction; specifically, Article IV, Section 1(b) of
the Tribe's Constitution authorizes the Tribe to regulate the use of
community property, and Article IV, Section 1(f) thereof authorizes the
Tribe to enact ordinances to levy and collect taxes and to otherwise
regulate the conduct of business activities within the Tribe's
territorial jurisdiction.
3.2. Compliance with this Ordinance is a condition of any entry
upon or use of any land or premises within the Tribe's territorial
jurisdiction.
3.3 Any person who resides, conducts business, engages in a
business transaction, patronizes a business operated by the Tribe,
receives benefits from the Tribe, acts under Tribal authority, or
enters the Tribe's territorial jurisdiction has consented to the
following:
3.3.1. To be bound by the terms of this Ordinance;
3.3.2. To the exclusive authority of the Tribe for purposes of
administering and enforcing this Ordinance and to the exclusive
jurisdiction of the Lower Elwha Tribal Court for legal actions arising
under this Ordinance; and
3.3.3. To detainment, service of summons and process, and search
and seizure in conjunction with legal actions arising pursuant to this
Ordinance.
3.4. This Ordinance is intended to be in addition to, supplementary
to, and consistent with Federal law, and will not be construed as
contrary to Federal law, or as inconsistent with any law of the State
of Washington relative to the sale of liquor within the Tribe's
territorial jurisdiction that has been made applicable by Federal law.
4. Repeal of Prior Liquor Control Laws
4.1. Any previously enacted ordinances and resolutions of the Tribe
regulating, authorizing, prohibiting, or in any way dealing with the
sale of liquor are hereby repealed and declared to be of no further
force and effect, with the exception of the provisions of the Elwha
Justice Code Section 9.12, Drug and Alcohol Violations.
4.2. The provisions of this Ordinance are prospective only from the
date of its enactment. This Ordinance does not affect any valid license
or permit held by a Tribal liquor retailer that may have been
previously issued by the State of Washington, nor does it preclude the
Tribe from replacing any such license or permit in accordance with a
Tribal-State Liquor Compact or Agreement.
5. Definitions
As used in this Ordinance, the following definitions apply:
5.1. ``Community Council'' means the Lower Elwha Tribal Community
Council, as defined in Article III, Section 1 of the Tribe's
Constitution, as amended.
5.2. ``Business Committee'' means the Lower Elwha Tribal Business
Committee, as defined in Article III, Section 2 of the Tribe's
Constitution, as amended.
5.3. ``Territorial jurisdiction,'' consistent with the definition
of ``Indian country'' in 18 U.S.C. 1151(a) and (c), means:
5.3.1. All land within the limits of the Lower Elwha Indian
Reservation, notwithstanding the issuance of any patent, and, including
rights of way running through the Reservation; and
5.3.2. All other lands held by the United States in trust for the
benefit of the Tribe, including rights of way running through the same.
5.4. ``Liquor'' has the same meaning as in the Revised Code of
Washington, RCW 66.04.010 (1), (3), (25), (26) and (43), as of the
effective date of this Ordinance.
5.5. ``Sale'' and ``sell'' has the same meaning as in the Revised
Code of Washington in RCW 66.04010 (39), as of the effective date of
this Ordinance.
5.6. ``Tribal liquor retailer'' means a liquor retailer wholly
owned and controlled by the Lower Elwha Klallam Tribe and located
within the Tribe's territorial jurisdiction.
5.7. ``Liquor distributor'' means a State-licensed entity located
outside the Tribe's territorial jurisdiction that sells liquor to a
Tribal liquor retailer for resale within the Tribe's territorial
jurisdiction.
6. Liquor Sales by Tribal Liquor Retailers Only
6.1. Only Tribal liquor retailers may obtain a license under this
Ordinance to sell liquor within the Tribe's territorial jurisdiction.
6.2. A Tribal liquor retailer must obtain authorization under this
Ordinance by applying in writing to the Business Committee for a
license to sell liquor at a specific location within the Tribe's
territorial jurisdiction. The Business Committee, in its sole
discretion, will determine whether to grant a license. Each license
granted will specify what liquor products are authorized to be sold
pursuant to the license as well as all other terms, which must be set
forth in writing and approved by Resolution of the Business Committee.
6.3. All Tribal liquor retailers must comply with all provisions of
this Ordinance, with all applicable provisions of any license issued
hereunder, and with any rules and regulations promulgated hereunder by
the Business Committee.
6.4. A tribal liquor retailer, or the Tribe on behalf of such
retailer, must also obtain authorization from the State of Washington,
or a certification from the State that no such authorization is
required, before it may commence
[[Page 39450]]
selling liquor within the Tribe's territorial jurisdiction.
6.5. Liquor distributors located outside the Tribe's territorial
jurisdiction that are duly licensed by the State of Washington are not
required to obtain a license under this Ordinance in order to
distribute liquor to any Tribal liquor retailer authorized under this
Ordinance.
7. Tribal Liquor Tax
7.1. The Tribal Taxing Authority, vested in the office of the Chief
Financial Officer, has the authority and responsibility to collect,
audit, and issue fees, licenses, taxes, and permits in accordance with
this Ordinance.
7.2. In consultation with the Office of Tribal Attorney, the Tribal
Taxing Authority may propose a Tribal liquor tax on all sales of liquor
within the Tribe's territorial jurisdiction, and any rules and
regulations governing matters under Section 6.1 above. All such
proposed taxes, fees, and regulations must be approved by written
resolution of the Business Committee.
7.3. Any Tribal liquor tax must be remitted to the Tribe on a
quarterly basis.
7.4. The Tribe will use its liquor tax revenue for essential tribal
government functions and services.
8. Prohibitions and Enforcement; License Revocation
8.1. The purchase, sale, and dealing in liquor within Tribe's
territorial jurisdiction by any Tribal liquor retailer, or any other
person, party, firm, corporation, or entity, except as provided in this
Ordinance is hereby declared unlawful. Without limitation as to any
other penalties and fines that may apply, any violation of this
subsection is a civil infraction punishable by a fine of up to five
hundred dollars ($500.00).
8.2. Nothing in this Ordinance exempts a Tribal liquor retailer
from compliance with the provisions of Section 9.12, Drug and Alcohol
Violations, of the Elwha Justice Code.
8.3. The Elwha Tribal Police are authorized to enforce the
provisions of this Ordinance. The Lower Elwha Tribal Court has
exclusive jurisdiction to determine any and all cases or disputes
arising under this Ordinance.
8.4. The Business Committee may revoke any license granted under
this Ordinance for non-compliance, after providing written notice to
the license holder and a fair and reasonable opportunity to appear in
person to demonstrate why the license should not be revoked. The
decision of the Business Committee to revoke a license is final, with
no opportunity for judicial review. Any search or seizure of property
related to such a revocation will be done in accordance with Sections
6.7 and 6.8 of the Lower Elwha Judicial Code and Court Procedures.
9. Authority To Enter Into Inter-Governmental Agreements; Compliance
with the Laws of the State of Washington
9.1. The Business Committee is authorized to approve and enter into
agreements with the Washington State Liquor and Cannabis Board, the
Washington State Department of Revenue, and any other cognizant agency
of the State concerning the authorization, taxation, or other
regulation of liquor sales within the Tribe's territorial jurisdiction.
The Business Committee's approval must be memorialized in a Resolution,
with a copy of the agreement attached thereto.
9.2. Tribal liquor retailers must comply with any applicable
Washington State liquor law standards to the extent required by 18
U.S.C. 1161 or any agreement entered into under Section 8.1 above.
10. Severability
If any section, provision, phrase, addition, word, sentence, or
amendment of this Ordinance or its application to any person is held
invalid, that invalidity will not affect the other provisions or
applications of this Ordinance that can be given effect without the
invalid application.
11. Sovereign Immunity Preserved
Nothing in this Ordinance constitutes or may be construed as a
waiver of the Tribe's sovereign immunity from unconsented suit. The
Tribe will not enter into any inter-governmental agreement regarding
the regulation of liquor within the Tribe's territorial jurisdiction
that waives the Tribe's sovereign immunity for any purpose unless such
waiver is expressly approved in a Resolution of the Business Committee.
No Tribal liquor retailer may waive the sovereign immunity it possesses
as an entity of the Tribe, or waive the Tribe's sovereign immunity,
without clear, express, written approval of the Business Committee.
12. Effective Date
Except where a different effective date is required by Federal law,
this Ordinance is effective immediately upon publication by the United
States Department of the Interior in the Federal Register.
13. Authority To Amend
The Business Committee is authorized to amend this Ordinance as it
may see fit in the exercise of its sound judgment on behalf of the
Tribe and to take any steps necessary to ensure that such amendment is
properly approved and effective in accordance with applicable Federal
law.
[FR Doc. 2023-12920 Filed 6-15-23; 8:45 am]
BILLING CODE 4337-15-P
