Tejon Indian Tribe Liquor Control Ordinance, 66735-66737 [2024-18380]
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Notices
III. Permit Applications
We invite comments on the following
applications.
Applicant: Oregon State University, Levi
Lab, Corvallis, OR; Permit No.
PER11719262
The applicant requests authorization
to import biological samples derived
from wild and captive-held scarlet
macaws (Ara macao cyanoptera) for the
purpose of scientific research. This
notification covers activities to be
conducted by the applicant over a 5year period.
Applicant: Institute for Systems
Genomics, Storrs, CT; Permit No.
PER11158503
The applicant requests authorization
to import biological samples derived
from captive-born and wild animals of
multiple species listed under the ESA
for the purpose of scientific research.
This notification covers activities to be
conducted by the applicant over a 5year period.
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Applicant: University of Michigan, Ann
Arbor, MI; Permit No. PER11662205
The applicant requests authorization
to import biological samples derived
from captive-born and wild
chimpanzees (Pan troglodytes), taken in
Uganda, for the purpose of scientific
research. This notification covers
activities to be conducted by the
applicant over a 5-year period.
Multiple Trophy Applicants
The following applicants request
permits to import sport-hunted trophies
of male bontebok (Damaliscus pygarus
pygargus) culled from a captive herd
maintained under the management
program of the Republic of South Africa,
for the purpose of enhancing the
propagation or survival of the species.
• Applicant: Paul Hansen, Brookings,
SD; Permit No. PER11546525
• Applicant: Zachary Boles, Cumming,
GA; Permit No. PER11541505
• Applicant: Tony Boles, Cumming,
GA; Permit No. PER11541207
• Applicant: William Hamberlin,
Memphis, TN; Permit No.
PER11642225
• Applicant: Sullivan Atkinson,
Stuttgart, AR; Permit No.
PER11641654
• Applicant: John Howell, Lone Tree,
CO; Permit No. PER11750395
IV. Next Steps
After the comment period closes, we
will make decisions regarding permit
issuance. If we issue permits to any of
the applicants listed in this notice, we
will publish a notice in the Federal
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17:33 Aug 15, 2024
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Register. You may locate the notice
announcing the permit issuance by
searching https://www.regulations.gov
for the permit number listed above in
this document. For example, to find
information about the potential issuance
of Permit No. 12345A, you would go to
regulations.gov and search for
‘‘12345A’’.
66735
certify that the Executive Committee of
the Tejon Indian Tribe duly enacted the
Liquor Control Ordinance on October
21, 2023.
Bryan Newland,
Assistant Secretary—Indian Affairs.
TEJON INDIAN TRIBE
LIQUOR CONTROL ORDINANCE
V. Authority
ENACTED: October 21, 2023
We issue this notice under the
authority of the Endangered Species Act
of 1973, as amended (16 U.S.C. 1531 et
seq.), and its implementing regulations.
ARTICLE ONE. INTRODUCTION
Timothy MacDonald,
Government Information Specialist, Branch
of Permits, Division of Management
Authority.
[FR Doc. 2024–18387 Filed 8–15–24; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Tejon Indian Tribe Liquor Control
Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
Liquor Control Ordinance of the Tejon
Indian Tribe. The Tejon Indian Tribe
Liquor Control Ordinance 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 become
effective September 16, 2024.
FOR FURTHER INFORMATION CONTACT: Ms.
Sarraye Forrest-Davis, Tribal
Government Specialist, Pacific Regional
Office, Bureau of Indian Affairs, 2800
Cottage Way, Room W–2820,
Sacramento, California 95825,
sarraye.forrest-davis@bia.gov, (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.
This notice is published in
accordance with the authority delegated
by the Secretary of the Interior to the
Assistant Secretary—Indian Affairs. I
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This Ordinance 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
Executive Committee of the Tejon
Indian Tribe (‘‘Tribal Executive
Committee’’) to develop, adopt and
enforce ordinances as authorized under
Article VI, Section 3, of the Constitution
and Bylaws of the Tejon Indian Tribe,
adopted October 15, 2022.
Section 2. Purpose
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SUMMARY:
Section 1. Authority
The purpose of this Ordinance is to
regulate and control the possession,
sale, manufacture and distribution of
liquor within Tribal Trust Lands, 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 ordinance 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 Ordinance shall be known and
cited as the ‘‘Liquor Control
Ordinance.’’
Section 4. Jurisdiction
This Ordinance 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 enacting this Ordinance, the Tribe
hereby regulates the sale,
manufacturing, 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, other
applicable Federal law, and the
Compact.
ARTICLE TWO. DEFINITIONS
Section 1. Definitions
As used in this Ordinance, the terms
below are defined as follows:
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Notices
(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 the Tribal-State
compact between the State and the
Tribe as may be amended from time to
time or procedures prescribed by the
Secretary of the Interior pursuant to 25
U.S.C. 2710(d)(7), under which the
Tribe may conduct Class III gaming on
‘‘Indian lands’’ as such term is defined
in the Indian Gaming Regulatory Act, 25
U.S.C. 2701, et seq..
(d) License means, unless otherwise
stated, a license issued by the Tribe in
accordance with this Ordinance.
(e) Liquor means any alcoholic
beverage, as defined in this Section 1.
(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 mean the transfer for
consideration of any kind, including by
exchange or barter.
(h) State means the State of California.
(i) Tribal Trust Lands means all lands
held by the United States in trust for the
Tribe now or in the future.
ARTICLE THREE. LIQUOR SALES,
POSSESSION, & MANUFACTURE
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Section 2. Retail Sales of Alcohol
The sale of alcoholic beverages shall
be lawful on 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 liquor shall be
lawful on Tribal Trust Lands, provided
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Jkt 262001
Section 4. Age Limits
The legal age for possession or
consumption of alcohol on 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 or be present in any
area of the Tribe’s gaming operation in
which alcoholic beverages may be
consumed, except to the extent
permitted by State law. If there is any
conflict between State law and the terms
of the Compact regarding the age limits
for alcohol possession or consumption,
the age limits in the Compact shall
govern for purposes of this Ordinance.
ARTICLE FOUR. LICENSING
Section 1. Licensing
The Tribal Executive Committee shall
have the authority to require and issue
liquor licenses (including, without
limitation, retail, wholesale,
manufacturer, special events licenses
and any other type of liquor license
recognized by State law) and shall have
the power to establish and enforce
procedures and standards for such
licensing of liquor sales on Tribal Trust
Lands, including the setting of a license
fee schedule; provided that no tribal
license shall be issued except upon
showing of satisfactory proof that the
applicant is duly licensed by the State.
The fact that an applicant for a tribal
license possesses a license issued by the
State of the United States shall not
provide the applicant with an
entitlement to a tribal license. The
Tribal Executive Committee may, in its
discretion, set standards that are more,
but in no case less, stringent than those
of the State.
ARTICLE FIVE. ENFORCEMENT
Section 1. Possession of Alcohol
The introduction and possession of
alcoholic beverages shall be lawful on
Tribal Trust Lands; provided that such
introduction or possession is in
conformity with the laws of the State.
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that such manufacture is in conformity
with the laws of the State and pursuant
to a license issued by the Tribe.
Section 1. Enforcement
The Tribal Executive Committee shall
have the power to develop, enact,
promulgate, and enforce regulations as
necessary for the enforcement of this
Ordinance 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 Ordinance 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
Ordinance to the full extent permitted
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by Federal law and consistent with due
process.
Tribal law enforcement personnel and
security personnel duly authorized by
the Tribal Executive Committee shall
have the authority to enforce this
Ordinance by confiscating any liquor
sold, possessed, distributed,
manufactured, or introduced within
Tribal Trust Lands in violation of this
Ordinance or of any regulations duly
adopted pursuant to this Ordinance to
the full extent permitted by tribal,
Federal, and State law and consistent
with due process.
The Tribal Executive Committee shall
have the exclusive jurisdiction to hold
hearings on violations of this Ordinance
and any procedures or regulations
adopted pursuant to this Ordinance; to
promulgate appropriate procedures
governing such hearings; to determine
and enforce penalties or damages for
violations of this Ordinance; 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 Ordinance
is intended to, nor does it in any way,
limit or restrict the Tribe’s ability to
impose any tax upon the sale or
consumption of liquor. The Tribe
retains the right to impose such taxes by
appropriate Ordinance to the fullest
extent permitted by Federal law.
ARTICLE SEVEN. MISCELLANEOUS
PROVISIONS
Section 1. Sovereign Immunity
Preserved
Nothing contained in this Ordinance
is intended to, nor shall it be construed
in any way to waive, limit, alter, or
restrict the sovereign immunity of the
Tribe or any of its agencies, agents or
officials from unconsented suit or action
of any kind.
Section 2. Conformity With Applicable
Laws
All acts and transactions under this
Ordinance shall be in conformity with
the Compact 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 Ordinance shall be effective as of
the date on which the Secretary of the
Interior certifies this Ordinance and
publishes the same in the Federal
Register.
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Notices
Section 4. Repeal of Prior Acts
SUPPLEMENTARY INFORMATION:
All prior Tribal laws, resolutions,
policies, regulations, or ordinances
pertaining to the subject matter set forth
in this Ordinance and to the extent they
are inconsistent with this Ordinance,
are hereby repealed.
I. Summary of the HEARTH Act
The HEARTH Act makes a voluntary,
alternative land leasing process
available to Tribes, by amending the
Indian Long-Term Leasing Act of 1955,
25 U.S.C. 415. The HEARTH Act
authorizes Tribes to negotiate and enter
into business leases of Tribal trust lands
with a primary term of 25 years, and up
to two renewal terms of 25 years each,
without the approval of the Secretary of
the Interior (Secretary). The HEARTH
Act also authorizes Tribes to enter into
leases for residential, recreational,
religious or educational purposes for a
primary term of up to 75 years without
the approval of the Secretary.
Participating Tribes develop Tribal
Leasing regulations, including an
environmental review process, and then
must obtain the Secretary’s approval of
those regulations prior to entering into
leases. The HEARTH Act requires the
Secretary to approve Tribal regulations
if the Tribal regulations are consistent
with the Department of the Interior’s
(Department) leasing regulations at 25
CFR part 162 and provide for an
environmental review process that
meets requirements set forth in the
HEARTH Act. This notice announces
that the Secretary, through the Assistant
Secretary—Indian Affairs, has approved
the Tribal regulations for the Forest
County Potawatomi Community,
Wisconsin.
Section 5. Amendments
This Ordinance may only be amended
pursuant to an amendment duly enacted
by the Tribal Executive Committee and,
to the extent required by Federal law,
certification by the Secretary of the
Interior and publication in the Federal
Register.
Section 6. Severability and Savings
Clause
If any section, part or provision of this
Ordinance is held invalid, void, or
unenforceable by a court of competent
jurisdiction, such adjudication shall not
be held to render the remaining
sections, parts and provisions of this
Ordinance invalid, void or
unenforceable and the remainder of this
Ordinance shall not be affected and
shall continue in full force and effect.
[FR Doc. 2024–18380 Filed 8–15–24; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[245A2100DD/AAKC001030/
A0A501010.999900]
HEARTH Act Approval of Forest
County Potawatomi Community,
Wisconsin Leasing Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
The Bureau of Indian Affairs
(BIA) approved the Forest County
Potawatomi Community, Wisconsin
Leasing Ordinance under the Helping
Expedite and Advance Responsible
Tribal Homeownership Act of 2012
(HEARTH Act). With this approval, the
Tribe is authorized to enter into
agriculture, business, residential, wind
and solar, wind energy evaluation,
public, religious, cultural, educational,
and recreational leases without further
BIA approval.
DATES: BIA issued the approval on
August 6, 2024.
FOR FURTHER INFORMATION CONTACT: Ms.
Carla Clark, Bureau of Indian Affairs,
Division of Real Estate Services, 1001
Indian School Road NW, Albuquerque,
NM 87104, carla.clark@bia.gov, (702)
484–3233.
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SUMMARY:
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II. Federal Preemption of State and
Local Taxes
The Department’s regulations
governing the surface leasing of trust
and restricted Indian lands specify that,
subject to applicable Federal law,
permanent improvements on leased
land, leasehold or possessory interests,
and activities under the lease are not
subject to State and local taxation and
may be subject to taxation by the Indian
Tribe with jurisdiction. See 25 CFR
162.017. As explained further in the
preamble to the final regulations, the
Federal Government has a strong
interest in promoting economic
development, self-determination, and
Tribal sovereignty. 77 FR 72440, 72447–
48 (December 5, 2012). The principles
supporting the Federal preemption of
State law in the field of Indian leasing
and the taxation of lease-related
interests and activities applies with
equal force to leases entered into under
Tribal leasing regulations approved by
the Federal Government pursuant to the
HEARTH Act.
Section 5 of the Indian Reorganization
Act, 25 U.S.C. 5108, preempts State and
local taxation of permanent
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66737
improvements on trust land.
Confederated Tribes of the Chehalis
Reservation v. Thurston County, 724
F.3d 1153, 1157 (9th Cir. 2013) (citing
Mescalero Apache Tribe v. Jones, 411
U.S. 145 (1973)). Similarly, section 5108
preempts State taxation of rent
payments by a lessee for leased trust
lands, because ‘‘tax on the payment of
rent is indistinguishable from an
impermissible tax on the land.’’ See
Seminole Tribe of Florida v. Stranburg,
799 F.3d 1324, 1331, n.8 (11th Cir.
2015). In addition, as explained in the
preamble to the revised leasing
regulations at 25 CFR part 162, Federal
courts have applied a balancing test to
determine whether State and local
taxation of non-Indians on the
reservation is preempted. White
Mountain Apache Tribe v. Bracker, 448
U.S. 136, 143 (1980). The Bracker
balancing test, which is conducted
against a backdrop of ‘‘traditional
notions of Indian self-government,’’
requires a particularized examination of
the relevant State, Federal, and Tribal
interests. We hereby adopt the Bracker
analysis from the preamble to the
surface leasing regulations, 77 FR at
72447–48, as supplemented by the
analysis below.
The strong Federal and Tribal
interests against State and local taxation
of improvements, leaseholds, and
activities on land leased under the
Department’s leasing regulations apply
equally to improvements, leaseholds,
and activities on land leased pursuant to
Tribal leasing regulations approved
under the HEARTH Act. Congress’s
overarching intent was to ‘‘allow Tribes
to exercise greater control over their
own land, support self-determination,
and eliminate bureaucratic delays that
stand in the way of homeownership and
economic development in Tribal
communities.’’ 158 Cong. Rec. H. 2682
(May 15, 2012). The HEARTH Act was
intended to afford Tribes ‘‘flexibility to
adapt lease terms to suit [their] business
and cultural needs’’ and to ‘‘enable
[Tribes] to approve leases quickly and
efficiently.’’ H. Rep. 112–427 at 6
(2012).
Assessment of State and local taxes
would obstruct these express Federal
policies supporting Tribal economic
development and self-determination,
and also threaten substantial Tribal
interests in effective Tribal government,
economic self-sufficiency, and territorial
autonomy. See Michigan v. Bay Mills
Indian Community, 572 U.S. 782, 810
(2014) (Sotomayor, J., concurring)
(determining that ‘‘[a] key goal of the
Federal Government is to render Tribes
more self-sufficient, and better
positioned to fund their own sovereign
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]]>Agencies
[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Notices]
[Pages 66735-66737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18380]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[245A2100DD/AAKC001030/A0A501010.999900]
Tejon Indian Tribe Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Liquor Control Ordinance of the
Tejon Indian Tribe. The Tejon Indian Tribe Liquor Control Ordinance
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 become effective September 16, 2024.
FOR FURTHER INFORMATION CONTACT: Ms. Sarraye Forrest-Davis, Tribal
Government Specialist, Pacific Regional Office, Bureau of Indian
Affairs, 2800 Cottage Way, Room W-2820, Sacramento, California 95825,
[email protected], (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.
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 Executive Committee of the Tejon Indian
Tribe duly enacted the Liquor Control Ordinance on October 21, 2023.
Bryan Newland,
Assistant Secretary--Indian Affairs.
TEJON INDIAN TRIBE
LIQUOR CONTROL ORDINANCE
ENACTED: October 21, 2023
ARTICLE ONE. INTRODUCTION
Section 1. Authority
This Ordinance 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 Executive Committee of the Tejon Indian Tribe (``Tribal
Executive Committee'') to develop, adopt and enforce ordinances as
authorized under Article VI, Section 3, of the Constitution and Bylaws
of the Tejon Indian Tribe, adopted October 15, 2022.
Section 2. Purpose
The purpose of this Ordinance is to regulate and control the
possession, sale, manufacture and distribution of liquor within Tribal
Trust Lands, 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 ordinance 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 Ordinance shall be known and cited as the ``Liquor Control
Ordinance.''
Section 4. Jurisdiction
This Ordinance 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 enacting this Ordinance, the Tribe hereby regulates the sale,
manufacturing, 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, other applicable Federal law,
and the Compact.
ARTICLE TWO. DEFINITIONS
Section 1. Definitions
As used in this Ordinance, the terms below are defined as follows:
[[Page 66736]]
(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 the Tribal-State compact between the State and
the Tribe as may be amended from time to time or procedures prescribed
by the Secretary of the Interior pursuant to 25 U.S.C. 2710(d)(7),
under which the Tribe may conduct Class III gaming on ``Indian lands''
as such term is defined in the Indian Gaming Regulatory Act, 25 U.S.C.
2701, et seq..
(d) License means, unless otherwise stated, a license issued by the
Tribe in accordance with this Ordinance.
(e) Liquor means any alcoholic beverage, as defined in this Section
1.
(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 mean the transfer for consideration of any kind,
including by exchange or barter.
(h) State means the State of California.
(i) Tribal Trust Lands means all lands held by the United States in
trust for the Tribe now or in the future.
ARTICLE THREE. LIQUOR SALES, POSSESSION, & MANUFACTURE
Section 1. Possession of Alcohol
The introduction and possession of alcoholic beverages shall be
lawful on 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 on 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 liquor shall be lawful on 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 on 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 or be present in any area of the
Tribe's gaming operation in which alcoholic beverages may be consumed,
except to the extent permitted by State law. If there is any conflict
between State law and the terms of the Compact regarding the age limits
for alcohol possession or consumption, the age limits in the Compact
shall govern for purposes of this Ordinance.
ARTICLE FOUR. LICENSING
Section 1. Licensing
The Tribal Executive Committee shall have the authority to require
and issue liquor licenses (including, without limitation, retail,
wholesale, manufacturer, special events licenses and any other type of
liquor license recognized by State law) and shall have the power to
establish and enforce procedures and standards for such licensing of
liquor sales on Tribal Trust Lands, including the setting of a license
fee schedule; provided that no tribal license shall be issued except
upon showing of satisfactory proof that the applicant is duly licensed
by the State. The fact that an applicant for a tribal license possesses
a license issued by the State of the United States shall not provide
the applicant with an entitlement to a tribal license. The Tribal
Executive Committee may, in its discretion, set standards that are
more, but in no case less, stringent than those of the State.
ARTICLE FIVE. ENFORCEMENT
Section 1. Enforcement
The Tribal Executive Committee shall have the power to develop,
enact, promulgate, and enforce regulations as necessary for the
enforcement of this Ordinance 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 Ordinance
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 Ordinance 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 Executive Committee shall have the authority
to enforce this Ordinance by confiscating any liquor sold, possessed,
distributed, manufactured, or introduced within Tribal Trust Lands in
violation of this Ordinance or of any regulations duly adopted pursuant
to this Ordinance to the full extent permitted by tribal, Federal, and
State law and consistent with due process.
The Tribal Executive Committee shall have the exclusive
jurisdiction to hold hearings on violations of this Ordinance and any
procedures or regulations adopted pursuant to this Ordinance; to
promulgate appropriate procedures governing such hearings; to determine
and enforce penalties or damages for violations of this Ordinance; 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 Ordinance is intended to, nor does it in
any way, limit or restrict the Tribe's ability to impose any tax upon
the sale or consumption of liquor. The Tribe retains the right to
impose such taxes by appropriate Ordinance to the fullest extent
permitted by Federal law.
ARTICLE SEVEN. MISCELLANEOUS PROVISIONS
Section 1. Sovereign Immunity Preserved
Nothing contained in this Ordinance is intended to, nor shall it be
construed in any way to waive, limit, alter, or restrict the sovereign
immunity of the Tribe or any of its agencies, agents or officials from
unconsented suit or action of any kind.
Section 2. Conformity With Applicable Laws
All acts and transactions under this Ordinance shall be in
conformity with the Compact 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 Ordinance shall be effective as of the date on which the
Secretary of the Interior certifies this Ordinance and publishes the
same in the Federal Register.
[[Page 66737]]
Section 4. Repeal of Prior Acts
All prior Tribal laws, resolutions, policies, regulations, or
ordinances pertaining to the subject matter set forth in this Ordinance
and to the extent they are inconsistent with this Ordinance, are hereby
repealed.
Section 5. Amendments
This Ordinance may only be amended pursuant to an amendment duly
enacted by the Tribal Executive Committee and, to the extent required
by Federal law, certification by the Secretary of the Interior and
publication in the Federal Register.
Section 6. Severability and Savings Clause
If any section, part or provision of this Ordinance is held
invalid, void, or unenforceable by a court of competent jurisdiction,
such adjudication shall not be held to render the remaining sections,
parts and provisions of this Ordinance invalid, void or unenforceable
and the remainder of this Ordinance shall not be affected and shall
continue in full force and effect.
[FR Doc. 2024-18380 Filed 8-15-24; 8:45 am]
BILLING CODE 4337-15-P
