[Federal Register Volume 64, Number 181 (Monday, September 20, 1999)]
[Notices]
[Pages 50824-50827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24370]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Little River Band of Ottawa Indians Liquor Control Ordinance

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. 1161, as interpreted by the Supreme 
Court in Rice v. Rehner, 463 U.S. 713 (1983). I certify that the Little 
River Band of Ottawa Indians Liquor Control Ordinance was duly adopted 
and certified by Ordinance No. 99-0710-01 of the Little Band of Ottawa 
Indians' Tribal Council on July 10, 1999. The Ordinance provides for 
the regulation of the sale, possession and consumption of liquor in the 
area of the Little River Band of Ottawa Indians, under the jurisdiction 
of the Little River Band of Ottawa Indians, and is in conformity with 
the laws of the State of Michigan.

DATES: This ordinance is effective as of September 20, 1999.

FOR FURTHER INFORMATION CONTACT: Jim D. James, Office of Tribal 
Services, 1849 C Street, NW, MS 4641 MIB, Washington, DC 20240-4401; 
telephone (202) 208-4400.

SUPPLEMENTARY INFORMATION: The Little River Band of Ottawa Indians 
Liquor Control Ordinance is to read as follows:

Section 1. General Provisions

    1.01. Title. This Ordinance shall be known as the ``Little River 
Band of Ottawa Indians Liquor Control Ordinance.''
    1.02. Purpose. The purpose of this Ordinance is to regulate and 
control the importation, manufacture, distribution, and sale of 
alcoholic beverages on the Little River Band of Ottawa Indians 
Reservation.
    1.03. Legislative Findings. The Little River Band of Ottawa 
Indians Tribal Council hereby finds as follows:
    a. The Tribal Council has the authority to adopt this Ordinance 
pursuant to the powers vested in it by Article IV, Section 7 of the 
Constitution, approved on July 10, 1998.
    b. Federal law prohibits the introduction and sale of liquor 
into Indian country unless such transaction is in conformity both 
with the laws of the State in which such act or transaction occurs 
and with an Ordinance duly adopted by the tribe having jurisdiction 
over such area of Indian country.
    c. The regulation and control of alcoholic beverages on the 
Tribe's reservation is necessary to protect the health, security and 
general welfare of the Tribe.
    d. The enactment of this Ordinance is an exercise of the 
inherent sovereign powers of the Tribe.
    1.04. Declaration of Policy. The importation, distribution, 
manufacture, and sale of alcoholic beverages on the Tribe's 
reservation shall be lawful, provided that such activity is licensed 
by the Tribe in accordance with this Ordinance and the laws of the 
State of Michigan relating to the sale and regulation of alcoholic 
beverages.
    1.05. Application of 18 U.S.C. 1161. The importation, 
distribution, manufacture, and sale of alcoholic beverages on the 
Tribe's reservation shall be ``in conformity with'' this Ordinance 
and the laws of the State of Michigan as that phrase is used in 18 
U.S.C. 1161.
    1.06. Incorporation of Michigan Laws by Reference.
    a. In accordance with 18 U.S.C. 1161, the Tribe hereby adopts 
and applies as tribal law those Michigan laws, as amended, relating 
to the sale and regulation of alcoholic beverages encompassing the 
following areas: sale to a minor; sale to a visibly intoxicated 
individual; sale of adulterated or misbranded liquor; hours of 
operation; and similar substantive provisions, including such other 
laws prohibiting the sale of alcoholic beverages to certain 
categories of individuals. The tribal laws that are defined by 
reference to the substantive areas of Michigan laws referred to in 
this section shall apply in the same manner and to the same extent 
as such laws apply elsewhere in Michigan to off-reservation 
transactions unless otherwise agreed by the Tribe and State.
    b. In the event any provision of this Ordinance is in conflict 
with the substantive provisions of Michigan law adopted and applied 
pursuant to this Ordinance, the terms of this Ordinance shall 
govern.
    c. Whenever such Michigan laws are incorporated herein by 
reference, amendments thereto shall also be deemed to be 
incorporated upon their effective adoption by the Tribe or the 
Tribal Council.
    d. Nothing in this Ordinance shall be construed as a consent by 
the Tribe to the jurisdiction of the State of Michigan or any of its 
courts or subordinate political subdivisions or municipalities 
within the Reservation over any activity arising under or related to 
the subject of this Ordinance nor shall anything in this Ordinance 
constitute an express or implied waiver of the sovereign immunity of 
the Tribe.
    1.07. Severability Clause. In the event any provision of this 
Ordinance shall be found or declared to be invalid by a court of 
competent jurisdiction, all of the remaining provisions of this 
Ordinance shall be unaffected and shall remain in full force and 
effect.
    1.08. Effective Date. The effective date of this Ordinance is 
the date the Secretary of the Interior publishes the same in the 
Federal Register.

Section 2. Terms Defined.

    As used in this Ordinance, the following words shall have the 
following meanings unless the context clearly requires otherwise:
    2.01. Alcohol means the product of distillation of fermented 
liquid, whether or not rectified or diluted with water, but does not 
mean ethyl or industrial alcohol, diluted or not, that has been 
denatured or otherwise rendered unfit for beverage purposes.
    2.02. Alcoholic beverage or liquor means any spirituous, vinous, 
malt, or fermented liquid and compounds, whether or not medicated, 
proprietary, patented, and by whatever name called, containing half 
(\1/2\) of 1% or more of alcohol by volume which is fit for use for 
beverage purposes. Alcoholic beverage or liquor includes the 
following eight subclassifications: beer, wine, spirits, alcohol, 
sacramental wine, brandy, mixed wine drink, and mixed spirit drink. 
Alcoholic beverage or liquor does not include the exceptions set 
forth in Mich. Comp. Laws Sec. 436.4 (Mich. St. Ann. Sec. 18.974).
    2.03. Applicant means any person who submits an application to 
the Tribe for a liquor license or who applies for or requests a 
license required by this Ordinance.
    2.04. Beer means any beverage obtained by alcoholic fermentation 
of an infusion or decoction of barley, malt, hops, or other cereal 
in potable water.
    2.05. Constitution means the Constitution of the Little River 
Band of Ottawa Indians ratified by the members of the Tribe on May 
27, 1998, and approved by the Deputy Commissioner of Indian Affairs 
on July 10, 1998.
    2.06. Council or Tribal Council means the elected Tribal Council 
of the Little River Band of Ottawa Indians.
    2.07. License means a liquor license issued by the Tribal 
Council pursuant to this Ordinance.
    2.08. Licensee means any holder of a valid liquor license issued 
by the Tribal Council.
    2.09. Manufacturer means any person engaged in the manufacture 
of alcoholic beverages.
    2.10. Ogema or Tribal Ogema means the chief executive officer of 
the Tribe elected by

[[Page 50825]]

majority vote of the members of the Tribe or the person authorized 
to perform the duties of the Ogema in his/her absence.
    2.11. Person means an individual, receiver, assignee, trustee in 
bankruptcy, trust, estate, tribe, firm, partnership, joint venture, 
corporation, association, society, or any group of individuals 
acting as a unit, whether mutual, cooperative, fraternal, non-
profit, or otherwise.
    2.12. Reservation means (i) all lands acquired by the Secretary 
of the Interior in trust for the benefit of the Tribe; (ii) upon the 
proclamation of the reservation, all lands within the exterior 
boundaries of the Tribe's reservation; and (iii) any and all lands 
made part of the reservation in the future.
    2.13. Sacramental wine means wine containing not more than 24% 
of alcohol by volume which is used for sacramental purposes.
    2.14. Sale means the exchange, barter, traffic, furnishing, or 
giving away for commercial purposes any alcoholic beverages.
    2.15. Spirits means any beverage which contains alcohol obtained 
by distillation, mixed with potable water or other substances, or 
both, in solution, and includes wine containing an alcoholic content 
of more than 21% by volume, except sacramental wine and mixed spirit 
drink.
    2.16. Tribal Court means the Tribal Court of the Little River 
Band of Ottawa Indians.
    2.17. Tribal Enterprise means any activity or business owned, 
managed, or controlled by the Tribe or any agency, subordinate 
organization, or other entity of the Tribe.
    2.18. Tribal law means the Tribal Constitution and all laws, 
ordinances, codes, resolutions, and regulations now and hereafter 
duly enacted by the Tribal Council.
    2.19. Tribe means, and tribal refers to, the Little River Band 
of Ottawa Indians.
    2.20. Wine means the product made by the normal alcoholic 
fermentation of the juice of sound, ripe grapes, or any other fruit 
with the usual cellar treatment, and containing not more than 21% of 
alcohol by volume, including fermented fruit juices other than 
grapes and mixed wine drinks.

Section 3. Licenses

    3.01. Licensing Authority of Tribal Council. The Council shall 
exercise all of the powers necessary to accomplish the purposes of 
this Ordinance, which may include the following actions:
    (a) Adopt and enforce rules and regulations for the purpose of 
effectuating this Ordinance, which includes setting of fees;
    (b) execute all necessary documents;
    (c) perform all matters and things incidental to and necessary 
to conduct its business and carry out its duties and functions under 
this Ordinance;
    (d) establish a commission and delegate to such commission the 
authority to regulate licensees and enforce this Ordinance; and
    (e) to establish procedures to issue, suspend, revoke or 
transfer licenses under this Ordinance.
    3.02. Prohibition of Unlicensed Sale of Liquor. This Ordinance 
prohibits the importation, manufacture, distribution, or sale of 
liquor for commercial purposes other than where conducted by a 
person licensed in accordance with this Ordinance. The federal laws 
relating to the importation, manufacture, distribution and sale of 
liquor are intended to remain applicable to any act or transaction 
that is not authorized by this Ordinance, and violators shall be 
subject to federal law.
    3.03. Purchases only from State licensed Distributors. All 
persons shall purchase spirits, for resale by the person, from the 
Michigan Liquor Control Commission, and beer and wine from 
distributors licensed by the Michigan Liquor Control Commission, on 
the same basis that such beverages are purchased by similar 
licensees.
    3.04. Authorization to Sell Liquor. Any person applying for and 
obtaining a license under the provisions of this Ordinance shall 
have the right to engage only in those alcoholic liquor transactions 
expressly authorized by such license and only at those specific 
places or areas designated in said license.
    3.05. Classes of Licenses. The Council shall have the authority 
to issue any one or more of the following classes of liquor licenses 
within the reservation:
    a. Retail on-site general license means a license authorizing 
the applicant to sell alcoholic beverages at retail to be consumed 
by the buyer only on the premises or at the location designated in 
the license. This class includes hotels where alcoholic beverages 
may be sold for consumption on the premises and in the rooms of bona 
fide registered guests.
    b. Retail on-site beer and wine license means a license 
authorizing the applicant to sell beer and wine at retail to be 
consumed by the buyer only on the premises or at the location 
designated in the license. This class includes hotels where beer 
and/or wine may be sold for consumption on the premises and in the 
rooms of bona fide registered guests.
    c. Retail off-site general license means a license authorizing 
the applicant to sell alcoholic beverages at retail to be consumed 
by the buyer off of the premises or at a location other than the one 
designated in the license.
    d. Retail off-site beer and wine license means a license 
authorizing the applicant to sell beer and wine at retail to be 
consumed by the buyer off of the premises or at a location other 
than the one designated in the license.
    e. Manufacturer's license means a license authorizing the 
applicant to manufacture alcoholic beverages for the purpose of sale 
on the Reservation.
    f. Temporary license means a license authorizing the sale of 
alcoholic liquor on a temporary basis for premises temporarily 
occupied by the licensee for a picnic, social gathering, or similar 
occasion.
    3.06. Responsibility to Complete Application and Obtain License. 
Except in the case of an application for a temporary license, the 
owner of the premises on which liquor is or will be imported, 
manufactured, distributed, or sold for commercial purposes shall 
complete a License application and obtain a License for the premises 
as required by Section 3.05. If the Tribe or a tribal enterprise is 
the owner of the premises on which liquor is or will be imported, 
manufactured, distributed, or sold for commercial purposes, the 
manager or general manager of the premises shall file an application 
on behalf of the Tribe or tribal enterprise for a license under 
Section 3.07. In the case of a Temporary License, the person(s) 
organizing or sponsoring the event for which a Temporary license is 
required shall complete the License application.
    3.07. Application Form and Content. An application for a license 
shall be made to the Council for consideration at a Regular Meeting 
of the Tribal Council and shall contain the following information:
    a. The name and address of the licensee, including the names and 
addresses of all of the principal officers and directors, and other 
employees with primary management responsibility related to the sale 
of alcoholic liquor;
    b. The specific area, location, and/or premise(s) for which the 
license is applied for;
    c. The class of license under Section 3.05 applied for;
    d. Whether the applicant has a state liquor license; and
    e. The application shall be verified under oath and notarized by 
a duly authorized representative.
    3.08. Investigation. Upon receipt of an application for the 
issuance, renewal, or transfer of a license, the Tribal Council 
shall make an investigation to determine whether the applicant and 
the premises for which a license is applied for, qualify for a 
license, shall ensure that the applicant and premises are in 
compliance with this Ordinance, and shall investigate all matters 
connected therewith which may affect the public health, welfare, and 
morals.
    3.09. Public Hearing. Upon receipt of an application for 
issuance, renewal, or transfer of a license, and the payment of all 
fees if required by regulations promulgated under Section 3.01(a), 
the Tribal Council may issue a license or set the matter for a 
public hearing at a Special Meeting of the Tribal Council. Notice of 
the time and place of the hearing shall be given to the applicant 
and the public at least twenty (20) calendar days before the 
hearing. Notice shall be given to the applicant by United States 
mail, postage prepaid, at the address listed in the application. 
Notice shall be given to the public by publication in a newspaper of 
general circulation sold on the reservation. The notice published in 
the newspaper shall include the name of the applicant, whether the 
action involves a new issuance, renewal, or transfer, the class of 
license applied for under Section 3.05, and a general description of 
the area where the alcoholic beverage will be or has been sold. At 
the hearing, the Tribal Council shall hear from any person who 
wishes to speak for or against the application. The Tribal Council 
shall have the authority to place time limits on each speaker and to 
limit or prohibit repetitive testimony.
    3.10. Tribal Council Action on the Application. The Tribal 
Council shall act on the application within sixty (60) days of 
receipt of the application or within sixty (60) days of the 
conclusion of the public hearing if one is held pursuant to Section 
3.09. The

[[Page 50826]]

Tribal Council shall have the authority to deny, approve, or approve 
with conditions the application. Provided, however, that the Tribal 
Council shall afford an applicant a hearing on the application 
before denying or approving with conditions any application. Upon 
approval of an application, the Tribal Council shall issue a license 
to the applicant in a form to be approved from time to time by 
Tribal Council resolution.
    3.11. Denial of License, Renewal, or Transfer. An application 
for a license, license renewal, or license transfer may be denied 
for one or more of the following reasons:
    a. The applicant has knowingly and materially misrepresented 
facts contained in the application;
    b. The applicant (or premises) is not in compliance with tribal 
or applicable Federal or state laws;
    c. Granting of the license (or renewal or transfer thereof) 
would create a threat to the peace, safety, morals, health, or 
welfare of the Tribe;
    d. The applicant has failed to complete the application properly 
or has failed to tender the appropriate fee; or
    e. If the applicant (or premise) is not in compliance with or 
does not meet the requirements of Michigan law incorporated as 
tribal law pursuant to this Ordinance.
    3.12. Multiple Locations. Separate licenses shall be issued for 
each of the premises at which liquor is imported, distributed, 
manufactured or sold.
    3.13. Posting of License. Every license shall be posted and kept 
in a conspicuous place(s) on the licensed premises.
    3.14. Transfer of License. Each license issued or renewed under 
this Ordinance is separate and distinct and is transferable from one 
licensee to another or from one premises to another only with the 
approval of the Tribal Council. The Tribal Council shall have the 
authority to approve, deny, or approve with conditions, any 
application for the transfer of any license. The transfer 
application shall contain all of the information required of an 
original applicant under section 3.07 of this Ordinance. In the case 
of a transfer to a new premises, the application shall contain an 
exact description of the location where the liquor is proposed to be 
sold.
    3.15. Term and Renewal of License. All licenses shall be issued 
on a calendar year basis and shall be renewed annually. The 
applicant shall renew a license by, prior to the license's 
expiration date, submitting a written renewal application to the 
Tribal Council on the provided form, and paying the annual license 
fee for the next year. License renewals may be issued without a 
hearing.
    3.16. Consent to Tribal Jurisdiction. Anyone who imports, 
manufactures, distributes, or sells liquor for commercial purposes 
on the Tribe's reservation, and anyone who submits an application 
for a license, shall be deemed to have consented to the jurisdiction 
of the Tribe and the Tribal Court.

Section 4. License Suspension and Revocation; Inspections; Seizure

    4.01. Suspension or Revocation of License. Whenever it is 
brought to the attention of the Tribal Ogema, Tribal Council, or any 
other person, that a licensee (or licensed premises), through action 
or inaction
    a. Has knowingly and materially misrepresented facts contained 
in any license application;
    b. Is not in compliance with tribal or applicable state and 
federal laws;
    c. Failed to comply with any condition of a license, including 
failure to pay a required fee;
    d. Failed to take reasonable steps to correct objectionable 
conditions constituting a nuisance on the licensed premises or any 
adjacent area within a reasonable time after receipt of a notice to 
make such corrections has been issued by the Tribal Council or its 
authorized representative; or
    e. If applicable, suspension or revocation of the licensee's 
Michigan liquor license, proceedings to suspend or revoke a 
licensee's Tribal license may be initiated in accordance with this 
Section.
    4.02. Initiation of Suspension or Revocation Proceedings.
    (a) Persons or Entities Authorized to Initiate Proceedings. 
Suspension or revocation proceedings for any license held by a 
gaming operation may be initiated by the Tribal Gaming Commission by 
filing a complaint with the Tribal Council. All other suspension or 
revocation proceedings may be initiated by the Tribal Ogema or his/
her designee, or by any person who files a complaint with the Tribal 
Council Recorder.
    (b) Interim Hearings Commission. Until such time as the Tribal 
Council creates a regulatory commission vested with authority to 
adjudicate alleged violations of this Ordinance, suspension, 
revocation and other enforcement proceedings shall be heard by a 
Hearings Commission consisting of the Tribal Council Speaker, the 
Council Recorder, and one (1) other member of the Tribal Council.
    (c) Form of Complaint. All complaints shall be in writing and 
signed by the complainant. The complaint shall state facts showing 
that there are specific grounds under this Ordinance which would 
authorize the suspension or revocation of the license(s). If the 
complaint does not state such grounds, the Hearings Commission shall 
dismiss the complaint and duly notify the complainant and the 
licensee.
    (d) Notice of Hearing. If the complaint states such grounds, the 
Tribal Council Recorder shall cause the matter to be set for a 
hearing before the Hearings Commission on a date no later than 
thirty (30) days from the Tribal Council's receipt of the complaint. 
Notice of the time, date, and place of the hearing shall be given 
the licensee and the public in the same manner as set forth in 
Section 3.09. The notice shall state that the licensee has the right 
to file a written response to the complaint or resolution, verified 
under oath and signed by the licensee ten (10) days prior to the 
hearing date.
    4.03. Hearing. A hearing held on any complaint shall be held 
before the Hearings Commission under such rules of procedure as it 
may adopt. Both the licensee and the complainant shall have the 
right to present witnesses, testify, and present written documents 
in support of their positions to the Hearings Commission at such 
hearing. The Hearings Commission shall render its decision within 
sixty (60) days after the date of the hearing. The decision of the 
Hearings Commission shall be final, unless appealed pursuant to 
Section 5.03.
    4.04. Delivery of License. Upon suspension or revocation of a 
license, the owner of the premise shall return the license to the 
Recorder of the Tribal Council. In cases involving suspension, the 
Tribal Council shall return the license to the owner of the premise 
at the expiration or termination of the suspension period.
    4.05. General Penalties. Any person adjudged to be in violation 
of this Ordinance, including any lawful regulation promulgated 
pursuant thereto, shall be subject to a civil fine of not more than 
five hundred dollars ($500.00) for each such violation. The Tribal 
Council may adopt by resolution a separate schedule for fines for 
each type of violation, taking into account the seriousness and 
threat the violation may pose to the general health and welfare of 
the Tribe, its members and those on reservation lands. The penalties 
provided for herein shall be in addition to any criminal penalties 
which may be imposed under applicable law. Each calendar day during 
which a violation occurs shall be deemed a separate violation.
    4.06. Initiation of Action. The Tribal Ogema or Tribal Council, 
on behalf of and in the name of the Tribe, may initiate and maintain 
an action in Tribal Court or any court of competent jurisdiction to 
abate and permanently enjoin any violation of this Ordinance. Any 
action taken under this section shall be in addition to any other 
penalties provided for in this Ordinance.
    4.07. Inspection. All licensed premises or any parts used or in 
any way connected physically or otherwise with the licensed premise, 
and any premise whether licensed or not used in the importation , 
distribution, manufacture or sale of liquor shall at all times be 
opened to inspection by any tribal inspector appointed by the Tribal 
Ogema. Any licensed premises operated by a person holding a gaming 
license shall be open to inspection by the Tribal Gaming Commission 
or any inspector acting on behalf of the Gaming Commission.
    4.08. Contraband; Seizure; Forfeiture.
    a. All alcoholic beverages within the reservation that are 
stored, held, owned, or possessed by any person, or licensee 
operating in violation of this Ordinance, are hereby declared to be 
contraband and subject to forfeiture to the Tribe.
    b. Within thirty (30) calendar days following the seizure of the 
contraband, a hearing shall be held before the Tribal Court, at 
which time the licensee or owner of the premises or contraband shall 
be given an opportunity to present evidence.
    c. Notice of the hearing shall be given to the persons 
identified in Section 4.08(b) or the person from whom the property 
was seized, if known, ten (10) calendar days prior to the hearing. 
If the person is unknown, notice of the hearing shall be posted at 
the place where the contraband was seized and at other public places 
on the reservation. The notice shall describe the property seized, 
and the time, place, and cause of seizure and give

[[Page 50827]]

the name and place of residence, if known, of the person from whom 
the property was seized.
    d. If upon hearing, the evidence warrants, or if no person 
appears as a claimant, the Tribal Court shall thereupon enter a 
determination of forfeiture and order such contraband forfeited to 
the Tribe and sold or destroyed forthwith.

Section 5. Sovereign Immunity; Appeals

    5.01. Sovereign Immunity.
    a. The Tribe, and all of its instrumentalities, including, but 
not limited to tribal enterprises, subordinate organizations, 
boards, committees, officers, attorneys and agents, are immune from 
suit in any jurisdiction except to the extent that such immunity has 
been expressly and unequivocally waived in writing by the Tribe.
    b. Except as provided in Section 5.02, nothing in this 
Ordinance, and no enforcement action taken pursuant to this 
Ordinance or otherwise, including but not limited to, the holding of 
any hearing, the grant, denial, suspension, modification, 
conditioning or revocation of any license, the filing of suit by the 
Tribal Ogema or Tribal Council to enforce any provision of this 
Ordinance or other law, shall constitute a waiver of such immunity, 
either as to the original action, any counterclaim, regardless of 
whether an asserted counterclaim arises out of the same transaction 
or occurrence, or in any other respect.
    5.02. Limited Waiver of Sovereign Immunity of the Tribe. The 
Tribe hereby expressly waives its sovereign immunity from suit in 
the Tribal Court for the limited purpose of an appeal of any 
decision of the Tribal Council to grant, deny, modify, or condition 
a license or of the Tribal Council Hearings Commission to suspend or 
revoke a license or to impose fines. Nothing contained in this 
section or this Ordinance or in any express waiver of sovereign 
immunity by resolution of the Tribal Council relating to the 
regulation of alcoholic beverages shall be deemed a consent to levy 
of any judgment, lien or attachment upon any property or revenues of 
the Tribe.
    5.03. Appeal to Tribal Court. A person directly affected by any 
grant, denial, suspension, modification, conditioning or revocation 
of any license or imposition of fines under this Ordinance, shall 
have the right to appeal such decision to the Tribal Court. Any such 
appeal must be filed with the Tribal Court in writing on or before 
the thirtieth (30th) day following the decision of the Tribal 
Council or Tribal Ogema, as the case may be. In any case which has 
been appealed to the Tribal Court for final action, the Tribal Court 
shall review all findings of fact and of law of the Hearings 
Commission on the record and pursuant to an ``arbitrary and 
capricious'' standard and shall have power to affirm, modify or 
reverse the decision. Pursuant to Section 5.02, the Tribal Court may 
only grant injunctive relief and may not grant damages against the 
Tribe. The Tribal Court's decision shall be final, and no further 
appeal may be had.

    Dated: September 14, 1999.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 99-24370 Filed 9-17-99; 8:45 am]
BILLING CODE 4310-02-P