[Federal Register Volume 66, Number 17 (Thursday, January 25, 2001)]
[Notices]
[Pages 7771-7772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2223]



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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Big Valley Rancheria Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Big Valley Rancheria Liquor Control 
Ordinance. The ordinance regulates the control of, the possession of, 
and the sale of liquor on the Big Valley Rancheria trust lands, and is 
in conformity with the laws of the States of California, where 
applicable and necessary. Although the Ordinance was adopted on July 
22, 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 on January 25, 2001.

FOR FURTHER INFORMATION CONTACT: Kaye Armstrong, Office of Tribal 
Services, 1849 C Street, NW., MS 4631-MIB, Washington, DC 20240-4001; 
telephone (202) 208-4400.

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 
transaction in Indian country. The Big Valley Rancheria Liquor Control 
Ordinance, Resolution No. 07-22-00-08, was duly adopted by the General 
Community Council of the Big Valley Band of Pomo Indians on July 22, 
2000. The Big Valley 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 Big Valley 
Rancheria community.
    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. 07-22-00-08, the Big Valley 
Rancheria Liquor Control Ordinance was duly adopted by the General 
Community Council of the Big Valley Band of Pomo Indians on July 22, 
2000.

    Dated: January 16, 2001.
Michael J. Anderson,
Acting Assistant Secretary--Indian Affairs.
    The Big Valley Rancheria Liquor Control Ordinance, Resolution No. 
07-22-00-08, reads as follows:

General Community Council Resolution No. 07-22-00-08

    Whereas, pursuant to applicable Federal law (the Act of August 15, 
1953, Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. Sec. 1161) in order for 
sales, possession and introduction of liquor within Indian Country to 
be lawful, the Tribe must enact a liquor control ordinance, and said 
ordinance must be approved by the Secretary of the Interior and 
published in the Federal Register; and
    Whereas, the General Community Council of the Big Valley Tribe 
wishes to permit tribally owned and operated enterprises within the Big 
Valley Rancheria to sell alcohol in order to preserve the economic 
viability of said enterprises and to provide additional income to 
support provision of tribal government services to tribal members; and
    Whereas, the Big Valley Liquor Control Ordinance provides for 
sales, introduction and possession of alcohol in conformity with the 
laws of the State of California.
    It is therefore resolved, That the Big Valley Liquor Control 
Ordinance is hereby enacted as a law of the Big Valley Rancheria.

Ordinance # 07-22-00-08

Liquor Control Ordinance

    Be it enacted by the General Community Council of the Big Valley 
Band of Pomo Indians, as follows:
    Article 1. Name. This ordinance shall be known as the Big Valley 
Liquor Control Ordinance.
    Article 2. Authority. This ordinance is enacted pursuant to the Act 
of August 15, 1953, (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. Sec. 1161) 
and Article IV of the Constitution and Bylaws of the Big Valley Tribe.
    Article 3. Purpose. The purpose of this ordinance is to regulate 
and control the possession and sale of liquor on the Big Valley 
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 Big Valley Tribe. The enactment of a 
tribal ordinance governing liquor possession and sales on the Big 
Valley Rancheria will increase 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. 1161, and with all 
applicable federal laws.
    Article 4. Effective Date. This ordinance 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 within the exterior boundaries of 
the Big Valley 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 Big Valley Tribe shall be lawful 
within the exterior boundaries of the Big Valley 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 Big Valley Tribe shall be lawful within the exterior 
boundaries of the Big Valley Rancheria; Provided, That such sales are 
in conformity with the laws of the State of California and with prior 
approval by the Big Valley Tribe.
    Article 7. Age Limits. The drinking age within the Big Valley 
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 Profession 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 Business Committee 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 Big Valley Tribe, through its 
Business Committee and duly authorized security personnel, shall have 
authority to enforce this ordinance by confiscating any liquor sold, 
possessed or introduced in violation hereof. The Business Committee 
shall be empowered to sell such confiscated liquor for the benefit of 
the Big Valley Tribe and to develop and approve such regulations as may

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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 Big Valley Tribe 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 any 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 General Council of the Big Valley Tribe at a duly noticed 
General Community Council meeting, such amendment to become effective 
upon publication in the Federal Register by the Secretary of the 
Interior.

[FR Doc. 01-2223 Filed 1-24-01; 8:45 am]
BILLING CODE 4310-02-P