[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34782-34783]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn08-111]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Guidiville Band of Pomo Indians of the Guidiville Indian
Rancheria Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Guidiville Band of Pomo Indians of
the Guidiville Indian Rancheria Liquor Control Ordinance. The Ordinance
regulates and controls the possession, sale and consumption of liquor
within the Guidiville Band of Pomo Indians of the Guidiville Indian
Rancheria tribal land. The tribal land is located on trust land. This
Ordinance will increase the ability of the tribal government to control
the distribution and possession of liquor within their tribal land, and
at the same time will provide an important source of revenue and
strengthening of the tribal government and the delivery of tribal
services.
DATES: This Ordinance is effective June 18, 2008.
FOR FURTHER INFORMATION CONTACT: Fred Doka Jr., Tribal Operations
Officer, Pacific Regional Office, 2800 Cottage Way, Sacramento, CA
95825, Telephone (916) 978-6067; or Elizabeth Colliflower, Office of
Tribal Services, 1849 C Street, NW., Mail Stop 4513-MIB, Washington, DC
20240; Telephone (202) 513-7627; Fax (202) 501-0679.
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 ordinances for the purpose of regulating liquor
transactions in Indian country. The Guidiville Band of Pomo Indians of
the Guidiville Indian Rancheria Tribal Council adopted this amendment
to its Liquor Control Ordinance on March 27, 2008. The purpose of this
Ordinance is to govern the sale, possession and distribution of alcohol
within the Guidiville Band of Pomo Indians of the Guidiville Indian
Rancheria tribal land.
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 Guidiville Band of Pomo Indians adopted
this Liquor Control Ordinance on March 27, 2008.
Dated: June 9, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary for Policy and Economic Development.
The Guidiville Band of Pomo Indians of the Guidiville Indian
Rancheria Liquor Control Ordinance reads as follows:
Ordinance of the Guidiville Band of Pomo Indians of the Guidiville
Indian Rancheria
Ordinance Name: Guidiville Indian Rancheria Liquor Control
Ordinance.
Ordinance Number: 05-02, as amended.
Date Approved: November 21, 2005.
Date Amended: March 27, 2008.
Whereas, Guidiville Indian Rancheria is a federally recognized
Tribe as a result of the Scotts Valley et al. v. the United States case
of September 6, 1991 (NO. C-86-3660-VRW); and,
Whereas, The Tribal Council of the Guidiville Indian Rancheria is
the duly authorized governing body of the Tribe to fully exercise
governmental responsibilities, and is empowered to make Tribal policy,
pass Tribal codes and ordinances, approve contracts, and carry out
Tribal business under the authority of the Constitution of the
Guidiville Indian Rancheria; and,
Whereas, The Tribal Council has determined that an ordinance to
regulate the possession and sale of liquor on lands, or future lands,
and/or areas subject to the jurisdiction of the Tribe and to permit
alcohol sales by business entities, corporations, tribally owned and
operated enterprises, and at tribally approved special events, is in
[[Page 34783]]
the best interests of the Tribe, its members and the general public;
and
Whereas, The Guidiville Band of Pomo Indians Liquor Control
Ordinance is in conformity with the laws of the State of California as
required by 18 U.S.C. 1161, and with all applicable federal laws and
has been prepared and reviewed by staff, legal counsel and the Tribal
Council for consistency with federal law and other tribal laws and
regulations.
Therefore be it resolved, that the Tribal Council representing the
Guidiville Band of Pomo Indians of the Guidiville Indian Rancheria
hereby adopts the following:
Article 1: Name: This statute shall be known as the Guidiville
Indian Rancheria Liquor Control Ordinance.
Article 2: Authority: This statute is enacted pursuant to the
general authority of the Guidiville Tribal Council and the Act of
August 15, 1953, (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161).
Article 3: Purpose: The purpose of this statute is to regulate and
control the possession and sale of liquor on lands and future lands
that are within the jurisdiction of the Guidiville Band of Pomo Indians
Tribal government, and to permit alcohol sales by tribally owned and
operated enterprises, and at tribally approved special events, for the
purpose of the economic development of the Tribe. The enactment of a
tribal statute governing liquor possession and sales on lands within
the jurisdiction of the Guidiville Tribal government will increase the
ability of the Tribal Government to control liquor distribution and
possession, and will provide an important source of revenue for the
continued operations and strengthening of the tribal government, the
economic viability of tribal enterprises, and the delivery of tribal
government services. This Liquor Control Ordinance is in conformity
with the laws of the State of California as required by 18 U.S.C. 1161,
and with all applicable federal laws.
Article 4: Effective Date: This statute shall be effective as of
the date of its publication in the Federal Register.
Article 5: Possession of Alcohol: The introduction or possession of
alcoholic beverages shall be lawful on lands within the exterior
boundaries of the Guidiville Indian Rancheria and/or general
governmental jurisdiction of the Tribe, provided that such sales are in
conformity with the laws of the State of California governing
possession of alcoholic beverages.
Article 6: Sales of Alcohol:
(a) The sale of alcoholic beverages by business enterprises owned
by and subject to the control of the Tribe shall be lawful within the
exterior boundaries of the Guidiville Indian Rancheria and/or general
governmental jurisdiction of the Tribe; provided that such sales are in
conformity with the laws of the State of California governing the sale
of alcoholic beverages.
(b) The sale of alcoholic beverages by the drink at special events
authorized by the Tribe shall be lawful within the exterior boundaries
of the Guidiville Indian Rancheria and/or general governmental
jurisdiction of the Tribe; provided that such sales are in conformity
with the laws of the State of California governing special event sales
and with prior approval by the Tribe.
Article 7: Age Limits: The drinking age for individuals within the
exterior boundaries of the Guidiville Indian Rancheria and/or general
governmental jurisdiction of the Tribe shall be the same as that of the
State of California, which is currently 21 years. No person under the
age of 21 years shall purchase, possess or consume any alcoholic
beverage. At such time, if any, as California Business and Profession
case 25658, which sets the drinking age for the State of California, is
repealed or amended to raise or lower the drinking age within
California, this Article shall automatically become null and void, and
the Tribal Council shall be empowered to amend this Article from time
to time to match the age limit imposed by California State law, such
amendment to become effective upon publication in the Federal Register
by the Secretary of the Interior.
Article 8: Civil Penalties: The Tribe, through the authority of its
Tribal Council, shall have the authority to enforce this statute by
confiscating or causing to be confiscated any liquor sold, possessed or
introduced in violation hereof. The Tribal Council shall be empowered
to sell such confiscated liquor for the benefit of the Tribe and to
develop and approve such regulation as may become necessary for
enforcement of this ordinance.
Article 9: Prior Inconsistent Enactments: Any prior tribal laws,
resolutions, or statutes governing the control, possession or sale of
liquor on lands and future lands that are within the jurisdiction of
the Guidiville Band of Pomo Indians Tribal government, and to permit
alcohol sales by tribally owned and operated enterprises, and at
tribally approved special events which are inconsistent with this
statute, are hereby repealed to the extent they are inconsistent with
this statute.
Article 10: Sovereign Immunity: 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 from un-
consented suit or action of any kind.
Article 11: Severability: If any provision of this statute is found
by any agency or court of competent jurisdiction to be unenforceable,
the remaining provisions shall be unaffected thereby.
Article 12: Amendment: This statute may be amended by a majority
vote of the Tribal Council of the Tribe at a duly noticed Tribal
Council meeting, such amendment to become effective upon publication in
the Federal Register by the Secretary of the Interior.
Certification
This is to certify that this Ordinance 05-02 was amended
at a special meeting of the Guidiville Indian Rancheria Tribal Council
on March 27, 2008, at which a quorum was present and that this
Ordinance was adopted by a vote of 3 For, 0 Opposed, 0 Abstentions.
This resolution has not been rescinded in any way.
Dated: March 27, 2008.
Merlene Sanchez,
Chairperson.
Dated: March 27, 2008.
Denise Dawson.
[FR Doc. E8-13725 Filed 6-17-08; 8:45 am]
BILLING CODE 4310-4J-P
