[Federal Register Volume 69, Number 151 (Friday, August 6, 2004)]
[Notices]
[Pages 47951-47952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17976]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Yurok Tribe Sale and Consumption of Alcoholic Beverages

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Yurok Tribe's Liquor Control 
Ordinance. The Ordinance regulates and controls the possession, sale 
and consumption of liquor on the Yurok Reservation. This ordinance 
allows for the possession and sale of alcoholic beverages on the Yurok 
Reservation, permits alcohol sales by tribally owned and operated 
enterprises, and increases the ability of the tribal government to 
control Reservation liquor distribution and possession. At the same 
time, it will provide an important source of revenue for the continued 
operation and strengthening of the tribal government and the delivery 
of tribal services.

EFFECTIVE DATE: This Code is effective on August 6, 2004.

FOR FURTHER INFORMATION CONTACT: Clay Gregory, Acting Regional 
Director, Pacific Regional Office, 2800 Cottage Way, Sacramento, CA 
95825; Telephone (916) 978-6000 or Ralph Gonzales, Office of Tribal 
Services, Bureau of Indian Affairs, 1951 Constitution Avenue, NW., MS-
320-SIB, Washington, DC 20240; telephone (202) 513-7629.

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 Yurok Tribe adopted the Liquor 
Ordinance on December 19, 2003. The purpose of this ordinance is to 
govern the sale, possession and distribution of alcohol on the Yurok 
Reservation.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs.
    I certify that the Yurok Tribe's Liquor Ordinance was duly adopted 
by the Yurok Tribal Council on December 19, 2003.

    Dated: July 30, 2004.
David W. Anderson,
Assistant Secretary--Indian Affairs.

Yurok Tribe of California Liquor Control Ordinance

    Be it enacted by the Tribal Council of the Yurok Tribe of 
California as follows:
    Article 1: Name: This statute shall be known as the Yurok Tribe 
Liquor Control Ordinance.
    Article 2: Authority: This statute is enacted pursuant to the Act 
of August 15, 1953, (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161) and 
Article VI of the Constitution of the Yurok Tribe of California.
    Article 3: Purpose: The purpose of this statute is to regulate and 
control the possession and sale of liquor on the Yurok 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 Yurok Reservation will increase the 
ability of the tribal government to control Reservation liquor 
distribution and possession, and will provide an important source of 
revenue for the continued operations 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 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 Yurok Reservation, provided that such sales are 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 Yurok 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 Yurok Reservation; provided that such sales are in conformity 
with the laws of the State of California and with prior approval by the 
Tribe.

[[Page 47952]]

    Article 7: Age Limits: The drinking age within the Yurok 
Reservation 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 case 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 
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 un-
consented 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 a majority 
vote of the Tribal Council of the Tribe at a duly noticed Tribal 
Council meeting, such amendment to become effective upon publication in 
the Federal Register by the Secretary of the Interior.

Certification

    This is to certify that this Liquor Control Ordinance was approved 
at a regularly scheduled meeting of the Yurok Tribal Council on 12/19/
03, at which a quorum was present and that this ordinance was adopted 
by a vote of 6 For, 2 Opposed, 0 Abstentions. This ordinance has not 
been rescinded or amended in any way.

    Dated this 19th day of December 2003.
Howard McConnell,
Chairperson, Yurok Tribal Council.
Attest:
Fawn Murphy,
Recording Secretary, Yurok Tribal Council.
[FR Doc. 04-17976 Filed 8-5-04; 8:45 am]
BILLING CODE 4310-4J-P