[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Notices]
[Pages 49152-49154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23903]


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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs


Cow Creek Band of Umpqua Tribe of Indians Liquor Code

AGENCY: Bureau of Indian Affairs, Interior.

Action: Notice.

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SUMMARY: This Notice is published in accordance with authority 
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 DM 8, and in accordance with the Act of August 
15, 1953, 67 Stat. 586, 18 U.S.C. Sec. 1161. I certify that by 
Resolution No. 96-11, the Cow Creek Band of Umpqua Tribe of Indians 
Liquor Ordinance was duly adopted by the Board of Directors of the Cow 
Creek Band of Umpqua Tribe of Indians on May 8, 1996. The Ordinance 
provides for the regulation of the sale, possession and consumption of 
liquor on the Cow Creek Band of Umpqua Indian Reservation and is in 
conformity with the laws of the State of Oregon.
DATES: This Ordinance is effective as of September 18, 1996.

FOR FURTHER INFORMATION CONTACT: Bettie Rushing, Division of Tribal 
Government Services, 1849 C Street N.W., MS 4603-MIB, Washington, D.C. 
20240-4001; telephone (202) 208-3463.

SUPPLEMENTARY INFORMATION: The Cow Creek Band of Umpqua Tribe of 
Indians Liquor Ordinance is to read as follows:

Law and Order Code of the Cow Creek Band of Umpqua Tribe of Indians

Title 12--Liquor Code

12-10  Authorization and Definitions

12-10-010  Authorization and Repeal of Inconsistent Legislation

    The Cow Creek Band of Umpqua Tribe of Indians (the ``Tribe'') is 
organized under the Indian Reorganization Act of June 18, 1934 (48 
Stat. 984) and the provisions of the Cow Creek Band of Umpqua Tribe of 
Indians Recognition Act of December 29, 1982 (Pub. L. 97-391), as 
amended by the Cow Creek Band of Umpqua Tribe of Indians Distribution 
of Judgement Funds Act of October 26, 1987 (Pub. L. 100-139), and the 
Cow Creek Tribal Constitution, duly adopted pursuant to a federally-
supervised constitutional ballot, on July 8, 1991 (the ``Tribal 
Constitution).
    Pursuant to Article III, Section 1 of the Tribal Constitution, the 
Cow Creek Tribal Board of Directors (the ``Board'') is the governing 
body of the Tribe. Pursuant to Article VII, Section I (d) of the Tribal 
Constitution, the Board has the authority to ``administer the affairs 
and assets of the Tribe * * *'' Pursuant to Article VII, Section I (i) 
of the Tribal Constitution, the Board has the power to ``enact 
ordinances and laws governing the conduct of all persons or tribally-
owned land; to maintain order and protect the safety, health, and 
welfare of all persons within the jurisdiction of the Tribe; and to 
enact any ordinances or laws necessary to govern the administration of 
justice, and the enforcement of all laws, ordinances or regulations * * 
*'' Pursuant to Article VII, Section I (t) of the Tribe's Constitution, 
the Board has ``such other powers and authority necessary to meet its 
obligations, responsibilities, objectives, and purposes as the 
governing body of the Tribe.''
    This Title 12 of the Law and Order Code of the Cow Creek Band of 
Umpqua Tribe of Indians is established for the purpose of strengthening 
Tribal self-government and providing for the protection of the members 
and property of the Tribe. Adoption hereof is an exercise of the 
inherent sovereignty of the Tribe, and is undertaken by the Tribal 
Board of Directors pursuant to its constitutional authority to do so. 
Any prior Tribal law which is inconsistent with the purpose and 
procedures established by this Title 12 are hereby repealed to the 
extent of any such inconsistency.
    The Tribe has decided to open all lands within its jurisdiction to 
the possession, consumption, and sale of Liquor by enacting this Title 
12 (``Title 12'') to the Tribal Law and Order Code. This Title 12 is 
adopted pursuant to the Act of August 15, 1953 (Pub. L. 83- 277, 67 
Stat. 588, 18 U.S.C. Sec. 1161) and shall serve as the ``liquor 
ordinance'' referenced therein.
    This Title 12 shall govern all Liquor Sales and distribution on the 
Reservation and will increase the ability of the Tribe to control 
Reservation Liquor distribution and possession.

[[Page 49153]]

Tribal regulation of the Sale, possession, and consumption of Liquor on 
the Reservation is necessary to protect the health, security, and 
general welfare of the Tribe, and to address Tribal concerns relating 
to alcohol use on the Reservation. In order to further these goals, the 
Tribe has adopted this Title 12, which shall be liberally construed to 
fulfill the purposes for which it has been adopted.

12-20  Definitions

12-20-010  Definitions of Words

    As used in this Title 12, the following words shall have the 
following meanings unless the context clearly requires otherwise:
    (a) Alcohol means that substance known as ethyl alcohol, hydrated 
oxide of ethyl, or spirit of wine which is commonly produced by the 
fermentation or distillation of grain, starch, molasses, or sugar, or 
other substances including all dilutions and mixtures of this 
substance.
    (b) Alcoholic Beverage is synonymous with the term ``Liquor'' as 
defined at section 12-20-010(d) hereof.
    (c) Beer means any beverage obtained by the fermentation or 
infusion or decoction of pure hops, or pure extract of hops and pure 
barley malt or other wholesome grain or cereal in water and which 
contains not more than four percent of Alcohol by volume.
    (d) Liquor includes the four varieties of Liquor herein defined 
(Alcohol, Spirits, Wine, and Malt Liquor), and all fermented, 
spirituous, vinous, or Malt Liquor or combinations thereof, and mixed 
Liquor, a part of which is fermented, spirituous, vinous, or Malt 
Liquor, or otherwise intoxicating. Every liquid or solid or semisolid 
or other substance, patented or not, containing Alcohol, Spirits, Wine 
or Malt Liquor, and all drinks or drinkable liquids and all 
preparations or mixtures capable of human consumption and any liquid, 
semisolid, solid, or other substances, containing more than one percent 
of Alcohol by weight shall be conclusively deemed to be intoxicating.
    (e) Malt Liquor means Beer, Strong Beer, ale, stout, and porter.
    (f) Package means any container or receptacle used for holding 
Liquor.
    (g) Reservation means all lands of the Tribe and any lands which 
may in the future come within the jurisdiction of the Tribe by any 
lawful means.
    (h) Sale and Sell mean exchange, barter, and traffic; and also 
include the Selling or supplying or distributing, by any means 
whatsoever, of Liquor, or of any liquid known or described as ``beer'' 
or by any name whatsoever commonly used to describe ``malt liquor'' or 
``liquor'' or ``wine'' by any person to any person.
    (i) Spirits means any beverage which contains Alcohol obtained by 
distillation, including Wines exceeding seventeen percent of Alcohol by 
weight.
    (j) Strong Beer means any beverage obtained by the Alcoholic 
fermentation or infusion or decoction of pure hops, or pure extract of 
hops and pure barley malt or other wholesome grain or cereal in water, 
including ale, stout, and porter, containing more than four percent of 
Alcohol by weight.
    (k) Title 12 means this Liquor Code, which shall serve the Tribe as 
the liquor ordinance referenced at 18 U.S.C. Sec. 1161.
    (l) Tribe means, and ``Tribal'' refers to, the Cow Creek Band of 
Umpqua Tribe of Indians.
    (m) Wine means any Alcoholic Beverage obtained by fermentation of 
fruits (grapes, berries, apples, etc.) or other agricultural product 
containing sugar, to which any saccharine substances may have been 
added before, during, or after fermentation, and containing not more 
than seventeen percent of Alcohol by weight, including sweet Wines 
fortified with wine spirits, such as port, sherry, muscatel, and 
angelica, not exceeding seventeen percent of Alcohol by weight.

12-30  Sales, Distribution, Possession, Consumption

12-30-010  Authorization

    The Tribe, its members and other persons including, but not limited 
to, corporations, partnerships, associations and natural persons are 
hereby authorized to introduce, Sell, distribute, warehouse, possess 
and consume Alcoholic Beverages within the Reservation, in accordance 
with the laws of the State of Oregon (including the Liquor licensing 
provisions thereof) and this Title 12; provided, however, that the 
right of any person to introduce, Sell, distribute, warehouse, possess 
and consume Alcoholic Beverages within the Reservation may be rescinded 
temporarily or permanently by the Board, by resolution approved by at 
least eight (8) members of the Board, after notice and a hearing as 
directed by the Board and a formal finding that the continued 
introduction, Sale, distribution, warehousing, possession or 
consumption Alcoholic Beverages within the Reservation by such person 
is contrary to the best interests or general welfare of the Tribe or 
Tribal members.

12-40  Penalties

12-40-010  General

    Notwithstanding any other provision of this Title 12, no penalty 
(i) may be imposed pursuant or related to this Title 12 in 
contravention or in excess of any limitation imposed by the Indian 
Civil Rights Act of 1968, 82 Stat. 77, 25 U.S.C.A. Sec. 1301 et seq. 
(``ICRA'') or other applicable law, and (ii) may be imposed without 
proper notice and a hearing in accordance with applicable law. Any 
person who violates any part of Section 12-40 of this title 12 may be 
subject to a civil penalty for a civil infraction in addition to any 
penalty imposed under applicable Oregon law. Such civil penalty shall 
not exceed the sum of $1,000 for each such infraction.

12-40-020  Illegal Transportation, Still, or Sale Without Permit

    No person shall, within the Reservation, Sell or offer for Sale or 
transport in any manner any Liquor within the boundaries of the 
Reservation in violation of this Title 12, or operate or have in his 
possession any Spirit distillation device or any substance meant or 
specifically concocted to be distilled into Liquor (not including 
devices or mash related to the home manufacture of Beer, Strong Beer, 
or Wine solely for the purpose of personal consumption and not for 
Sale) except as authorized by this Title 12.

12-40-030  Illegal Purchase of Liquor

    No person shall buy Liquor within the boundaries of the Reservation 
other than from an individual or entity properly licensed pursuant to 
this Title 12.

12-40-040  Furnishing Liquor to Minors

    Except in the case of Liquor given or administered to a person by 
his physician or dentist for medicinal purposes, no person under the 
age of 21 years shall consume, acquire or have in his possession any 
Alcoholic Beverages except when such beverages are used in connection 
with religious services. No person shall permit any other person under 
the age of 21 to consume Liquor on his premises or on any premises 
under his control except in those situations set out in this section.

12-40-050  Unlawful Transfer of Identification

    No person shall transfer any identification of age to a minor for 
the purpose of permitting such minor to obtain Liquor. Corroborative 
testimony of a witness other than the minor shall be a requirement of 
conviction under this section.

[[Page 49154]]

12-40-060  Possession of False or Altered Identification

    No person shall attempt to purchase an Alcoholic Beverage through 
the use of false or altered identification which falsely purports to 
show the individual to be over the age of 21 years.

12-40-070  Illegal Items Declared Contraband

    Alcoholic Beverages which are possessed contrary to the terms of 
this Title 12 are hereby declared to be contraband. Any officer who 
shall make an arrest under this section shall seize all contraband 
which he shall have the authority to seize consistent with the Tribal 
Constitution, the Tribal Law and Order Code, the ICRA and any other 
applicable law.

12-40-080  Non-Indian Violations

    Nothing in this Title 12 shall be construed to require or authorize 
the criminal trial and punishment by the Tribe of any non-Indian except 
to the extent otherwise allowed under applicable law. In general, when 
any provision of this Title 12 is violated by a non-Indian, he or she 
shall be referred to state and/or federal authorities for prosecution 
under applicable law while remaining liable for any civil penalty 
imposed under Tribal law. It is the expressed intent of the Tribe that 
any non-Indian referred to state and/or federal authorities pursuant to 
this Section 12-40-080 be prosecuted to the furthest extent of 
applicable law.

12-50  Severability and Effective Date

12-50-010  Severability

    If any section, or any part thereof, of this Title 12 or the 
application thereof to any party, person or entity in any circumstances 
shall be held invalid for any reason whatsoever by a court of competent 
jurisdiction or by federal legislative enactment, the remainder of the 
section or part of this Title 12 shall not be affected thereby and 
shall remain in full force and effect as though no section or part 
thereof has been declared to be invalid.

12-50-020  Effective Date

    This Title 12 becomes effective, as a matter of Tribal law, upon 
adoption hereof by Resolution approved by no less than eight (8) 
members of the Board by roll call vote, and effective as a matter of 
federal law on such date as the Secretary of the Interior certifies and 
publishes the same in the Federal Register.

12-50-030  Application of 18 U.S.C. Sec. 1161

    All acts and transactions under this Title 12 shall be in 
conformity with the laws of the State of Oregon to the extent required 
under 18 U.S.C. Sec. 1161.

12-50-040  Jurisdiction and Sovereign Immunity

    Nothing in this Title 12 shall be construed to limit the 
jurisdiction of the Tribe and nothing herein shall limit or constitute 
a waiver of the sovereign immunity of the Tribe or its officers, 
instrumentalities and agents.

12-50-050  Amendment or Repeal of Title 12

    After this Title 12 becomes effective, neither this Title 12, nor 
any section, part or word hereof, or any resolution adopted by the 
Board pursuant to the terms hereof, may be amended or repealed other 
than by Board resolution approved by unanimous roll-call vote of the 
entire Board at a special meeting of the Board which meeting may only 
be convened upon receipt by the Tribal Secretary of a petition signed 
by at least eight (8) members of the Board.

    Dated: September 11, 1996.
Ada E. Deer,
Assistant Secretary - Indian Affairs.
[FR Doc. 96-23903 Filed 9-17-96; 8:45 am]
BILLING CODE 4310-02-P