[Federal Register Volume 66, Number 58 (Monday, March 26, 2001)]
[Notices]
[Pages 16482-16483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7357]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Paskenta Band of Nomlaki Indians Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Paskenta Band of Nomlaki Indians 
Liquor Control Ordinance. The Ordinance regulates the control of, the 
possession of, and the sale of liquor on the Paskenta Indian trust 
lands, and is in conformity with the laws of the State of California, 
where applicable and necessary. Although the Ordinance was adopted on 
April 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 on March 26, 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 Paskenta Band of Nomlaki Indians 
Liquor Control Ordinance No. 2000-419B, as authorized by Resolution No. 
4-19-00, was duly adopted by the Paskenta Band Tribal Council on April 
19, 2000. The Paskenta Band, 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 Paskenta Band of Nomlaki 
Indians.
    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 8.1.
    I certify that by Resolution No. 4-19-00, the Paskenta Band of 
Nomlaki Indians Liquor Control Ordinance No. 2000-419B was duly adopted 
by the Paskenta Band Tribal Council on April 19, 2000.

    Dated: March 19, 2001.
James H. McDivitt,
Deputy Assistant Secretary--Indian Affairs (Management).

    The Paskenta Band of Nomlaki Indians Liquor Control Ordinance No. 
2000-419B reads as follows:

Liquor Control Ordinance 2000-419B

    Article 1. Name. This statute shall be known as the Paskenta Liquor 
Control Ordinance.
    Article 2. Authority. This statute is enacted pursuant to the Act 
of August 15, 1953, (Public Law 83-277, 67 Stat. 588, 18 U.S.C. 
Sec. 1161) and Article VI of the Constitution of the Tribe.
    Article 3. Purpose. The purpose of this statute is to regulate and 
control the possession and sale of liquor on the Paskenta Nomlaki 
Indian Reservation, 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 the Paskenta 
Nomlaki Indian Reservation will increase the ability of tribal 
government to control Reservation 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 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 within the exterior boundaries of 
the Paskenta Nomlaki Indian Reservation; 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 Tribe shall be lawful within the 
exterior boundaries of the Paskenta Nomlaki Indian Reservation; 
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 Tribe shall be lawful within the exterior boundaries 
of the Paskenta Nomlaki Indian Reservation; provided that such sales 
are in conformity with the laws of the State of California and with 
prior approval by the Tribe.
    Article 7. Age Limits. The drinking age within the Paskenta Nomlaki 
Indian Reservation shall be the same as that of the State of 
California, which is currently 21 years. No person under the age 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 Tribal 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 Tribe, through its Tribal Council 
and duly authorized security personnel, shall have the authority to 
enforce this statute by confiscating 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, 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 
unconsented 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 majority vote 
of the Tribal Council of the Tribe at a duly

[[Page 16483]]

noticed Tribal Council meeting, such amendment to become effective upon 
publication in the Federal Register by the Secretary of the Interior.

[FR Doc. 01-7357 Filed 3-23-01; 8:45 am]
BILLING CODE 4310-02-M