[Federal Register Volume 65, Number 168 (Tuesday, August 29, 2000)]
[Notices]
[Page 52435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22065]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Smith River Rancheria Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This Notice publishes the Smith River Rancheria Liquor Control 
Ordinance. The Ordinance regulates the control of, the possession of, 
and the sale of liquor on the Smith River Rancheria trust lands, and is 
in conformity with the laws of the State of California, where 
applicable and necessary. Although the Ordinance was adopted on January 
19, 2000, it does not become effective until published in the Federal 
Register because the failure to comply with the Ordinance may result in 
criminal charges.

DATES: This Ordinance is effective as of August 29, 2000.

FOR FURTHER INFORMATION CONTACT: Kaye Armstrong, Branch of Judicial 
Services, Division of Tribal Government Services, 1849 C Street NW, MS-
4631-MIB, Washington, DC 20240; telephone (202) 208-4400.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 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 
transaction in Indian country. The Smith River Rancheria Liquor 
Ordinance, Resolution No. 20-03, was duly adopted by the Smith River 
Rancheria Tribal Council on January 19, 2000. The Smith River 
Rancheria, in furtherance of its economic and social goals, has taken 
positive steps to regulate retail sales of alcohol and use revenues to 
combat alcohol abuse and its debilitating effects among individuals and 
family members within the Smith River Rancheria.
    This notice is being published in accordance with the authority 
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 Departmental Manual 8.
    I certify that by Resolution No. 20-03, the Smith River Rancheria 
Liquor Control Ordinance, was duly adopted by the Smith River Rancheria 
Tribal Council on January 19, 2000.

    Dated: August 21, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
    The Smith River Rancheria Liquor Control Ordinance, Resolution 
No.20-03, reads as follows:

Liquor Control Ordinance

    Article 1. Name. This Ordinance shall be known as the Smith 
River Rancheria Liquor Control Ordinance.
    Article 2. Authority. This Ordinance is enacted pursuant to the 
Act of August 15, 1953, Publ. L. 83-277,67 Stat.588,18U.S.C.1161, 
and Article IV of the Constitution and Bylaws of the Rancheria.
    Article 3. Purpose. The Purpose of the Ordinance is to regulate 
and control the possession and sale of liquor on the Rancheria, 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 Rancheria. The enactment of a tribal 
ordinance governing liquor possession and sales on the Rancheria 
increases the ability of tribal government to control Rancheria 
liquor distribution and possession, and will provide an important 
source of revenue for the continued operation 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. Sec. 1161, and with all applicable Federal 
laws.
    Article 4. Effective Date. This Ordinance shall be effective as 
the date of its publication in the Federal Register.
    Article 5. Possession of Alcohol. The introduction or possession 
of alcoholic beverages shall be lawful within the exterior 
boundaries of the Rancheria; provided that such introduction or 
possession is in conformity with the laws of the State of 
California.
    Article 6. Sales of Alcohol.
    (A) The sale of alcoholic beverages by business enterprises 
owned by and subject to the control of the Rancheria shall be lawful 
within the exterior boundaries of the Rancheria; provided that such 
sales are in conformity with the laws of the State of California.
    (B) The sale of alcoholic beverages by the drink at special 
events authorized by the Rancheria shall be lawful within the 
exterior boundaries of the Smith River Rancheria; provided that such 
sales are in conformity with the laws of the State of California and 
with prior approval by Resolution of the Council.
    Article 7. Age Limits. The drinking age within the Rancheria 
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 Professional Code Sec. 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 
Council shall be empowered to amend this Article to match the age 
limit imposed by state law, such amendment to become effective upon 
publication in the Federal Register by the Secretary of the 
Interior.
    Article 8. Civil Penalties. The Rancheria, through the Council 
and duly authorized personnel, shall have the authority to enforce 
this Ordinance by confiscating any liquor sold, possessed or 
introduced in violation hereof. The Council shall be empowered to 
sell such confiscated liquor for the benefit of the Rancheria, and 
to develop and approve such regulations as may become necessary for 
enforcement of this Ordinance.
    Article 9. Prior Inconsistent Enactments. Any prior tribal laws 
resolutions or ordinances which are inconsistent with this Ordinance 
are hereby repealed to the extent they are inconsistent with this 
Ordinance.
    Article 10. Sovereign Immunity. Nothing contained in this 
Ordinance is intended to, nor does in any way, limit, alter, 
restrict, or waive the sovereign immunity of the Rancheria or any of 
its agencies from unconsented suit or action of any kind.
    Article 11. Severability. If any provision of this Ordinance is 
found by an agency or court of competent jurisdiction to be 
unenforceable, the remaining provisions shall be unaffected thereby.
    Article 12. Amendment. This Ordinance may be amended by majority 
vote of the Council at a duly noticed Council meeting, such 
amendment to become effective upon publication in the Federal 
Register by the Secretary of the Interior.

[FR Doc. 00-22065 Filed 8-28-00; 8:45 am]
BILLING CODE 4310-02-P