[Federal Register Volume 66, Number 70 (Wednesday, April 11, 2001)]
[Notices]
[Pages 18791-18792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8884]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Pueblo de Cochiti Liquor Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Pueblo de Cochiti Liquor Ordinance. 
This Ordinance regulates the control of, the possession of, and the 
sale of liquor on the Pueblo de Cochiti trust and restricted fee lands, 
and is in conformity with the laws of the State of New Mexico, where 
applicable and necessary. This Ordinance is intended to amend the 
original Pueblo de Cochiti Liquor Ordinance that was published in the 
Federal Register of September 13, 1966 and amended by publication in 
the Federal Register of September 30, 1982. Although this Ordinance was 
adopted on November 20, 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 April 11, 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 Pueblo de Cochiti Liquor Ordinance, 
Resolution No. 2000-032, was duly adopted by the Pueblo de Cochiti 
Tribal Council on November 20, 2000. The Pueblo de Cochiti, 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 Pueblo de Cochiti.
    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. 2000-032, the Pueblo de Cochiti 
Liquor Ordinance, was duly adopted by the Pueblo de Cochiti Tribal 
Council on November 20, 2000.

    Dated: March 12, 2001.
James H. McDivitt,
Deputy Assistant Secretary--Indian Affairs (Management).
    The Pueblo de Cochiti Tribal Council Liquor Ordinance, Resolution 
No. 2000-032, reads as follows:
    This amended ordinance duly enacted this 20th day of November 2000, 
by the Council of the Pueblo of Cochiti, the duly authorized and 
recognized governing body of the Pueblo de Cochiti, a federally 
recognized Indian Tribe.
    Whereas, the Act of Congress of August 15, 1953 (67 Stat. 586) 
codified at 18 U.S.C. 1161 empowers Indian tribes having appropriate 
jurisdiction to enact an Ordinance legalizing the introduction, sale 
and possession of intoxicating beverages within any area of Indian 
country coming within the jurisdiction of such tribe; and
    Whereas, the Council of the Pueblo de Cochiti has heretofore, on 
May 22, 1966, enacted an ordinance legalizing the introduction, sale 
and possession of intoxicating beverages within the Indian country 
subject to the jurisdiction of the Pueblo de Cochiti, which ordinance 
was certified by the Secretary of the Interior and published in the 
Federal Register on September 13, 1966 (31 FR 11988), as required by 18 
U.S.C. 1161; and
    Whereas, the said ordinance was duly amended on May 26, 1981, and 
was certified and published in the Federal Register on September 30, 
1982 (47 FR 43192), pursuant to 18 U.S.C. 1161; and
    Whereas, subsequent to the 1981 amendment, the law governing 
regulation of liquor transactions in Indian country in New Mexico was 
fundamentally changed by the case of Rice v. Rehner, 463 U.S. 713 
(1983) and enactment of Sec. 60-3A-5(D), N.M.S.A. 1978, which provides:
    Nothing in the Liquor Control Act applies to:

    D. * * * the sale, service, possession or public consumption of 
alcoholic beverages by any person within the boundaries of lands 
over which an Indian nation, tribe or pueblo has jurisdiction if the 
alcoholic beverages are purchased from New Mexico wholesalers and if 
the sale, service, possession or public consumption of alcoholic 
beverages is authorized by the laws of the Indian nation, tribe or 
pueblo having jurisdiction over those lands and is consistent with 
the ordinance of the Indian nation, tribe or pueblo certified by

[[Page 18792]]

the secretary of the interior and published in the Federal Register 
according to the laws of the United States.

    Whereas, over the years since opening of the Cochiti Dam and 
Reservoir, there has been a continuous and growing problem involving 
disorderly conduct and excessive public consumption of alcohol in the 
Cochiti Dam and Reservoir area by Indians and non-Indians, which 
conduct has greatly increased the burdens on tribal, federal, and state 
law enforcement, and has seriously interfered with the development of 
family and other recreational uses of the Reservoir area, which 
misconduct cannot be effectively combated without a change in the 
Pueblo's liquor laws applicable to the Cochiti Reservoir area; and,
    Whereas, the U.S. Army Corps of Engineers, which manages the lands 
and waters of the public area and project area of the Cochiti Dam and 
Reservoir, concurs with the need for this Amended Ordinance and has 
indicated its intent to promulgate its own restrictions for Cochiti Dam 
and Reservoir pursuant to 36 CFR part 327 to prohibit the possession 
and consumption of alcoholic beverages throughout the lands and waters 
of the public area and project area of the Cochiti Dam and Reservoir, 
the violation of which may give rise to prosecution by the United 
States.
    Now, therefore, be it ordained and enacted as follows:
    Section 1: The introduction, sale and possession of intoxicating 
beverages shall be lawful within the Indian country under the 
jurisdiction of the Pueblo de Cochiti, subject, however, to the 
following provisions:
    (a) Except as set forth in (b) of this Section, and to the extent 
required by Federal law, such introduction, sale and possession is in 
conformity with the laws of the State of New Mexico;
    (b) The sale of intoxicating beverages within such Indian country 
by any person other than the Pueblo de Cochiti shall be pursuant to 
license and regulations issued by the Pueblo de Cochiti Council;
    (c) Except as permitted in subsection (d) the introduction, 
possession, consumption, sale, purchase, or use of intoxicating 
beverages as defined at 18 U.S.C. 1154 shall again be unlawful as 
provided by 18 U.S.C. 1154 and 1156 within the following location 
within the territorial jurisdiction of the Pueblo de Cochiti: all lands 
and waters encompassed by the easement granted by the Pueblo de Cochiti 
to the United States of America through the United States Army Corps of 
Engineers, United States Army Engineer District, Albuquerque, New 
Mexico, in connection with the Cochiti Dam and Reservoir as set forth 
in the Amended Easement Grant and Agreement included in the Master Plan 
Design Memorandum No. 13, Cochiti Lake, Rio Grande, New Mexico, U.S. 
Army Engineer District, Albuquerque (May 1973);
    (d) This subsection shall not prohibit the transportation in a 
moving motor vehicle of unopened containers of intoxicating beverages, 
with the cap, pop top or seal intact, across the area described above; 
and
    (e) The effect of this amended ordinance shall be to reinstate the 
application of 18 U.S.C. 1154 and 1156 as to all lands and waters 
within the public area and project area of the Cochiti Dam and 
Reservoir.
    Section 2: The Pueblo de Cochiti Council is hereby vested with full 
power and authority to adopt regulations pursuant to and consistent 
with this ordinance. Regulations thus adopted are not enforceable until 
approved by the Secretary.
    Section 3: Any laws, resolutions or ordinances of the Pueblo de 
Cochiti in conflict with the provisions of this Ordinance are hereby 
repealed. Specifically, the said Ordinance of May 22, 1966 as amended 
May 26, 1981 is hereby amended to conform to this Ordinance.
    Section 4: In the event any provision of this Ordinance is held to 
be invalid, or the application of this Ordinance or any provision 
thereof to any person or circumstances is held to be invalid, the 
remaining provision for the application of this Ordinance or any 
provision thereof to other persons or circumstances shall not be 
affected by such invalidity and to such extent, the terms and 
provisions of this Ordinance are declared to be severable.
    Section 5: Civil Penalties. A. The civil penalty for a violation of 
this Ordinance by any person shall be a fine as may be established from 
time to time by the Tribal Council of the Pueblo de Cochiti in addition 
to any other remedy ordered by the tribal court or tribunal. Repeat 
violators of this Ordinance may be subject to permanent expulsion from 
the territorial jurisdiction of the Pueblo de Cochiti as a civil 
penalty upon notice and a hearing on the matter before a Pueblo de 
Cochiti tribunal.
    B. Because this Ordinance is intended to protect the health, safety 
or welfare of the people of the Pueblo de Cochiti by prohibiting 
conduct that directly affects the health, safety and welfare of the 
Tribe, non-Indian violators, as well as Indian violators, shall be 
subject to the Pueblo's civil jurisdiction for the enforcement of this 
Ordinance.
    C. For purposes of this Section, ``Indian'' shall be defined as a 
person who is a member of a federally recognized tribe, or an Alaskan 
Native, and who would be an Indian for purposes of 18 U.S.C. 1152 and 
1153.
    Section 6: Criminal Penalties. A. Violations of 18 U.S.C. 1154 and 
1156 by any person may give rise to prosecution by the United States 
and punishment by a fine or imprisonment, or both, as provided by 
federal law.
    B. Violations of this ordinance by Indians may also be subject to 
such criminal penalties as may be established from time to time by the 
Pueblo de Cochiti Tribal Council, subject to the limitations imposed by 
25 U.S.C. 1302(7). Repeat violators of this Ordinance may be subject to 
permanent expulsion from the territorial jurisdiction of Pueblo de 
Cochiti upon notice and a hearing on the matter before a Pueblo de 
Cochiti tribunal.
    C. For purposes of this Section, ``Indian'' shall be defined as a 
person who is a member of a federally recognized tribe, or an Alaskan 
Native, and who would be an Indian for purposes of 18 U.S.C. 1152 and 
1153.
    Section 7: The Ordinance shall be effective upon its certification 
by the Secretary of the Interior and its publication in the Federal 
Register.

[FR Doc. 01-8884 Filed 4-10-01; 8:45 am]
BILLING CODE 4310-02-P