[Federal Register Volume 67, Number 93 (Tuesday, May 14, 2002)]
[Notices]
[Page 34467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12013]



[[Page 34467]]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Ysleta del Sur Pueblo of the Tigua Tribe Liquor Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Ysleta del Sur Pueblo of the Tigua 
Tribe Liquor Ordinance. The Ordinance regulates the control, 
possession, and sale of liquor on the Ysleta del Sur Pueblo trust 
lands, to be conformity with the laws of the State of Texas, where 
applicable and necessary. Although the Ordinance was adopted on March 
19, 2002, 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 May 14, 2002.

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 Ysleta del Sur Pueblo Liquor 
Ordinance No. 004-02, as authorized by Resolution No. TC-33-02, was 
duly adopted by the Ysleta del Sur Pueblo Tribal Council on March 19, 
2002. The Ysleta del Sur Pueblo, 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 Ysleta del Sur 
Pueblo.
    This notice is 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. TC-33-02, the Ysleta de Sur Pueblo 
of the Tigua Tribe Liquor Ordinance No. 004-02, was duly adopted by the 
Ysleta del Sur Pueblo Tribal Council on March 19, 2002.

    Dated: May 3, 2002.
Neal A. McCaleb,
Assistant Secretary, Indian Affairs.

    The Ysleta del Sur Pueblo of the Tigua Tribe Liquor Ordinace No. 
004-02 reads as follows:

Tribal Ordinance No. 004-02; Adopting Article 64 of the Tigua 
Tribe's Code of Laws Entitled: Sale of Alcoholic Beverages

    Pursuant to the authority vested in the Tribal Council as the duly 
constituted traditional governing body of the Ysleta del Sur Pueblo, a 
federally recognized Indian tribe exercising all inherent governmental 
powers, fiscal authority and tribal sovereignty as recognized in the 
Ysleta del Sur Pueblo Restoration Act (Public Law 100-89 as codified in 
25 U.S.C. 1300g) and its lawful authority to provide for health, 
safety, morals, welfare, tribal economic development and self-
sufficiency of the Ysleta del Sur Pueblo, the Tribal Council hereby 
enacts this Ordinance for the purpose of regulating the sale of 
alcoholic beverages. Therefore, be it resolved and ordained by the 
Tribal Council of the Ysleta del Sur Pueblo:
    That the following Article entitled Sale of Alcoholic Beverages, 
which by reference, is incorporated herein as if set forth at length, 
is hereby adopted as Article 64 of the Tigua Tribe's Code of Laws.

Article 64: Sale of Alcoholic Beverages

    Section 1--Conformity with State Law. The Pueblo, acting through 
the Tribal Council, may sell alcohol and alcoholic beverages on the 
Pueblo's reservation for on premises consumption only. Except as 
otherwise provided herein, the sale and consumption of alcoholic 
beverages on the Pueblo's reservation and its lands shall be in 
conformance with the laws of the State of Texas. Nothing contained 
herein shall be construed as a grant of jurisdiction to the State of 
Texas or a waiver of any of the Pueblo's sovereignty or immunity from 
suit.
    Section 2--Fees. Any and all fees, charges, or income resulting 
from the sale of alcoholic beverages shall be due and payable to the 
Ysleta del Sur Pueblo rather than the State of Texas.
    Section 3--Enforcement. The Pueblo shall be solely responsible for 
the enforcement and administration of this Ordinance. The Tigua Tobacco 
and Alcohol Commission shall issue and enforce such regulations as are 
reasonably necessary to carry out the purposes of this Article.
    Section 4--Tigua Alcohol and Tobacco Commission.
    4.01. There is hereby created the Tigua Tobacco and Alcohol 
Commission comprised of a Commissioner and two (2) members. The 
Commissioner and the members of the Commission shall be tribal members. 
No person shall be appointed to the Tigua Tobacco and Alcohol 
Commission unless the Tribal Council is satisfied that he or she has no 
ownership interest in any company or enterprise which contracts with 
the Pueblo for the sale of alcohol or tobacco, or any activity which 
may have interests in conflict with the Pueblo's sale of alcohol or 
tobacco.
    4.02. The Commissioner and the members of the Commission shall 
serve at the pleasure of the Tribal Council and may be removed at any 
time by majority vote of the Tribal Council.
    4.03. The Commissioner and members, and any employees of the 
Commission, shall be reasonably compensated, as determined by the 
Tribal Council.
    Section 5--Prohibition. No individual, entity, or organization 
shall be permitted to sell or dispense alcoholic beverages from or on 
the Pueblo's reservation or its lands other than the Pueblo acting by 
and through the Tribal Council.

[FR Doc. 02-12013 Filed 5-13-02; 8:45 am]
BILLING CODE 4310-4J-P