[Federal Register Volume 67, Number 144 (Friday, July 26, 2002)]
[Notices]
[Pages 48935-48936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18884]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Hualapai Tribe of Arizona Liquor Code Amendment

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Hualapai Tribe of Arizona Liquor 
Code Amendment as set forth by Resolution No. 08-2002. The Liquor Code 
of the Hualapai Tribe was originally published in the Federal Register 
of March 14, 1969. This amendment extends tribal regulation of liquor 
sales to commercial helicopter tours on the Hualapai Reservation in 
conjunction with tourism and is in conformity with the laws of the 
State of Arizona, where applicable and necessary. Although the Code 
Amendment was adopted on February 15, 2002, it does not become 
effective until published in the Federal Register, because the failure 
to comply with the Code may result in criminal charges.

DATES: The Code Amendment is effective on July 26, 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 
transactions in Indian country. The Hualapai Reservation Liquor Code 
Amendment, Resolution No. 08-2002, was duly adopted by the Tribal 
Council of the Hualapai Tribe on February 15, 2002. The Hualapai Tribe, 
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 Hualapai Reservation.
    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 08-2002, the Hualapai Tribe of Arizona 
Liquor Code Amendment duly adopted by the Hualapai Tribal Council on 
February 15, 2002.

    Dated: July 12, 2002.
Neal A. McCaleb,
Assistant Secretary, Indian Affairs.
    The Hualapai Tribe of Arizona Liquor Code Amendment, Resolution No. 
08-2002, reads as follows:

Hualapai Tribal Code

Commercial Champagne Flights Ordinance

Sec. 1--Commercial Champagne Flight.
    (a) General Provisions.
    (1) Title. This section shall be known as the Hualapai Tribe 
Commercial Champagne Flight Ordinance.
    (2) Authority. This section is enacted pursuant to the Act of 
August 15, 1953 (Public Law 83-277, 67 Stat. 588, 18 U.S.C. 1161), as 
interpreted by the United States Supreme Court in Rice v. Rehner, 463 
U.S. 713 (1983), and Article V of the Hualapai Tribe Constitution.
    (3) Purpose. The purpose of this section is to allow for, regulate, 
and control the limited possession, transportation, sale, and 
consumption of champagne or similar sparkling wine beverages in 
conjunction with commercial helicopter tours on the Hualapai 
Reservation. Enactment of this section will increase the ability of the 
Community government to regulate Reservation alcohol possession and 
consumption, and at the same time provide an important source of 
revenue for the continued operation and strengthening of the Community 
and the delivery of Community government services.
    (4) Scope and Territory. This section applies to all sales, 
purchases, distributions, possession, and consumption of alcoholic 
beverages made in conjunction with any tribally authorized commercial 
helicopter tour conducted within the exterior boundaries of the 
Hualapai reservation.
    (5) Application of 18 U.S.C. Section 1161. All acts and 
transactions under this section shall be in conformity with this 
section and in conformity with the laws of the State of Arizona, as 
that term is used in Title 18 of the United States Code, Section 1161.
    (6) Effective date. This section shall take effect on the date it 
is approved by the Secretary of the Interior or the Secretary's 
designate.
    (b) Definitions.
    In this section, unless the context otherwise requires, the meaning 
of terms used have the following meaning:
    Alcohol and Alcoholic Beverage. Beer, wine or any other spirituous 
liquor.
    Champagne and Similar Sparkling Wine Beverage. Any alcoholic 
sparkling wine beverage with an alcohol content not to exceed fourteen 
percent (14%).
    Community. The Hualapai Tribe.
    Customer. One who patronizes a commercial champagne tour.
    Person. A natural person or a corporation duly chartered by a 
jurisdiction within the United States.

[[Page 48936]]

    Reservation. All Indian lands under the control and authority of 
the Hualapai Tribe.
    Sell, Sold, Buy. Furnish, dispose of, give, receive or acquire.
    Tribal Official. A tribal police officer, an officer or Director of 
the Grand Canyon Resort Corporation, or a member of the Tribal Council.
    Tribe or Hualapai Tribe. The Hualapai Indian Tribe of the Hualapai 
Indian Reservation, a federally recognized Indian tribe. Unless 
specifically provided for in subsection (e) below, this section does 
not invalidate or alter the limitations on the use, sale, purchase, 
possession, or consumption of alcohol set forth in Sections 6.21(A), 
6.34, 6.34(A), 6.58 or elsewhere in the Hualapai Tribal Code.
    (c) Unlawful Acts. Unless specifically provided for in subsection 
(e) below, this section does not invalidate or alter the limitations on 
the use, sale, purchase, possession, or consumption of alcohol set 
forth in Sections 6.21(A), 6.34, 6.34(A), 6.58 or elsewhere in the 
Hualapai Tribal Code.
    (d) Limited Use of Alcohol for Commercial Champagne Helicopter 
Tours. Notwithstanding limitations on the use, sale, purchase, 
possession, or consumption of alcohol set forth elsewhere in the 
Hualapai Tribal Code, the limited use of alcohol for commercial 
champagne helicopters is allowed, consistent with the following 
provisions:
    (1) A helicopter vendor may transport up to two bottles, not to 
exceed 36 ounces each, of champagne or similar sparkling wine beverages 
for purposes of providing or selling such beverages to customers in 
conjunction with tribally authorized commercial champagne helicopter 
tours. All other alcoholic beverages are specifically excluded from the 
helicopter champagne tour and are otherwise banned from the application 
of this section. Passengers on commercial champagne helicopter tours 
may consume such beverages outside of the helicopter and within the 
regular sightseeing areas located near the vendor's helipad landing 
sites at the base of the Grand Canyon.
    (2) A helicopter operator, vendor employee, or vendor contractor 
who becomes aware of an individual violation of this section must 
instruct the violator to immediately desist from his or her 
unauthorized use of alcohol. Such a helicopter operator, vendor 
employee, or vendor contractor shall immediately, or as soon thereafter 
as is practicable, notify a Tribal Official of the violation and shall 
provide the name, address and other identifying information of the 
violator. Failure of a helicopter operator, vendor employee, or vendor 
contractor to perform the requirements of this subsection is a 
violation of this section.
    (3) At no time may a helicopter vendor provide, nor may customers 
consume more than one bottle of champagne or similar sparkling wine per 
couple.
    (4) At no time may a helicopter operator, vendor employee, or 
vendor contractor consume any alcoholic beverages during such periods 
such person is or persons are working in conjunction with a commercial 
champagne helicopter tour.
    (5) The transportation and consumption of alcohol pursuant to this 
section must at all times be consistent with all Federal Aviation 
Administration requirements.
    (e) Removal of Alcoholic Beverages. All alcoholic beverages and 
containers must be removed from the Hualapai Reservation by the 
helicopter operator, vendor employee or vendor contractor on the same 
helicopter champagne tour which introduced said beverages onto the 
Reservation.
    (f) Violation of Section.
    (1) A customer who violates any provision of this section shall be 
subject to a civil fine not to exceed $1,000.00, plus court costs.
    (2) A helicopter vendor, vendor employee, or contractor who 
violates any provision of this section shall be subject to a civil fine 
not to exceed $5,000.00, plus court costs, and such violation shall be 
reported to the Grand Canyon Resort Corporation (GCRC) for its 
consideration of revoking the vendor's operating certificate.
    (3) Violations of this Section shall be cited into the Tribal 
Court, and the rules of the Tribal Court shall control such actions.
    (g) Agreement to Consent of Civil Jurisdiction Required. Any 
customer, helicopter vendor, vendor employee, or vendor contractor who 
seeks to transport or consume champagne or similar sparkling wine 
beverages pursuant to this section shall, before transporting or 
consuming such beverages, enter into a written agreement explicitly 
consenting to Hualapai Tribe civil jurisdiction over all matters 
arising from the applicants' activities within the exterior boundaries 
of the Tribe's reservation.
    (h) Saving and Severability. In the event any section or provision 
of this section or its application to any particular activity is held 
to be invalid, the remaining sections and provisions of this section 
and the remaining applications of such sections and provisions shall 
continue in full force and effect.
    (i) No Waiver of Sovereign Immunity. Nothing in this section shall 
serve to waive the Hualapai Tribe's sovereign immunity, which is hereby 
expressly affirmed.
    (j) Amendments. This section may be amended by official action of 
the Tribal Council.
    (k) Repeal of Prior Laws. This section, upon becoming effective, 
shall operate to revise any inconsistent portion of the Hualapai Tribal 
Code.

[FR Doc. 02-18884 Filed 7-25-02; 8:45 am]
BILLING CODE 4310-4J-P