[Federal Register Volume 71, Number 66 (Thursday, April 6, 2006)]
[Notices]
[Pages 17492-17494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3336]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Confederated Tribes of the Umatilla Reservation Liquor Code

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Confederated Tribes of the Umatilla 
Indian Reservation Tribal Liquor Code (Code). The Code regulates and 
controls the possession, sale and consumption of liquor within the 
Confederated Tribes of the Umatilla Indian Reservation. The Reservation 
is located on trust land and this Code allows for the possession and 
sale of alcoholic beverages within the exterior boundaries of the 
Confederated Tribes of the Umatilla Indian Reservation. This Code will 
increase the ability of the tribal government to control the 
community's liquor distribution and possession, and at the same time 
will provide an important source of revenue for the continued operation 
and strengthening of the tribal government and the delivery of tribal 
services.

DATES: Effective Date: This Code is effective on April 6, 2006.

FOR FURTHER INFORMATION CONTACT: Betty Scissons, Division of Tribal 
Government Services, Bureau of Indian Affairs, Northwest Regional 
Office, 911 NE 11th Avenue, Portland, OR 97232-4169, Telephone (503) 
231-6723, Fax 503-231-2201; or Ralph Gonzales, Office of Tribal 
Services, 1951 Constitution Avenue, NW., Mail Stop 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 codes for the purpose of regulating liquor 
transactions in Indian country. The Confederated Tribes of the Umatilla 
Indian Reservation Board of Trustees adopted its Liquor Code by 
Resolution No. 05-127 on December 19, 2005. The purpose of this Code is 
to govern the sale, possession and distribution of alcohol within the 
Confederated Tribes of the Umatilla Indian Reservation. This notice is 
published in accordance with the authority delegated by the Secretary 
of the Interior to the Principal Deputy Assistant Secretary--Indian 
Affairs. I certify that this Liquor Code of the Confederated Tribes of 
Coos was duly

[[Page 17493]]

adopted by the Board of Trustees on December 19, 2005.

    Dated: March 31, 2006.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.

    The Confederated Tribes of the Umatilla Indian Reservation Tribal 
Liquor Code reads as follows:

Liquor Code Confederated Tribes of the Umatilla Indian Reservation

Liquor Code

Chapter 1. Liquor Code

Section 1.01. Title

    This Code shall be the Liquor Code of the Confederated Tribes of 
the Umatilla Indian Reservation (Confederated Tribes) and shall be 
referenced as the Liquor Code.

Section 1.02. Findings and Purpose

    A. The introduction, possession, and sale of liquor on Indian 
reservations have historically been recognized as a matter of 
special concern to Indian tribes and to the United States. The 
control of liquor on the Umatilla Indian Reservation remains 
exclusively subject to the legislative enactments of the 
Confederated Tribes in its exercise of its governmental powers over 
the Reservation, and the United States.
    B. Federal law currently prohibits the introduction of liquor 
into Indian Country (18 U.S.C. 1154), leaving tribes the decision 
regarding when and to what extent liquor transactions, sales, 
possession and service shall be permitted on their reservation (18 
U.S.C. 1161).
    C. The Board of Trustees, as the governing body of the 
Confederated Tribes pursuant to Article VI, Sec.  1 of the 
Constitution and Bylaws of the Confederated Tribes, discussed and 
approved a Resolution to permit the sale and service of liquor at 
the Wildhorse Resort & Casino, but at no other location, at the 
Board of Trustee meeting held on October 3, 2005.
    D. Pursuant to the authority in Article VI, Sec.  1(a) of the 
Confederated Tribes' Constitution, the Board of Trustees has the 
authority ``to represent the [Confederated] Tribes and to negotiate 
with the Federal, State and local governments * * * on * * * 
projects and legislation that affect the [Confederated] Tribes''.
    E. Pursuant to the authority in Article VI, Sec.  1(d) of the 
Confederated Tribes' Constitution, the Board of Trustees has the 
authority ``to promulgate and enforce ordinances governing the 
conduct of all persons and activities within the boundaries of the 
Umatilla Indian Reservation, providing for the procedure of the 
Board of Trustees, and carrying out any powers herein conferred upon 
the Board of Trustees''.
    F. The enactment of this Liquor Code to govern liquor sales and 
service on the Umatilla Indian Reservation, and the limitation of 
such liquor sales and service at the Wildhorse Resort & Casino, will 
increase the ability of the Confederated Tribes to control 
Reservation liquor distribution and possession, and at the same time 
will provide an important source of revenue for the continued 
operation of tribal government and the delivery of governmental 
services, as well as provide an amenity to customers at the 
Wildhorse Resort & Casino.
    G. The Confederated Tribes will enter into a Memorandum of 
Understanding (MOU) with the Oregon Liquor Control Commission to 
deal with governmental issues associated with the licensing and 
regulation of liquor sales on the Umatilla Indian Reservation.

Section 1.03. Definitions

    A. Unless otherwise required by the context, the following words 
and phrases shall have the designated meanings.
    1. ``Alcohol''. That substance known as ethyl alcohol, hydrated 
oxide or ethyl, spirits or wine as defined herein, which is commonly 
produced by the fermentation or distillation of grain, starch, 
molasses, or sugar, or other substances including all dilutions and 
mixtures of those substances.
    2. ``Wildhorse Chief Operating Officer''. That person appointed 
by the Confederated Tribes to manage the Wildhorse Resort & Casino.
    3. ``Liquor'' or ``Liquor Products''. Includes the four 
varieties of liquor herein defined (alcohol, spirits, wine, and 
beer) and all fermented, spirituous, vinous, or malt liquor, or a 
combination thereof, and mixed liquor, a part of which is fermented, 
spirituous, vinous, or malt liquor or otherwise intoxicating in 
every liquid or solid or semi-solid or other substance patented or 
not containing alcohol, spirits, wine, or beer, and all drinks of 
potable liquids and all preparations or mixtures capable of human 
consumption, and any liquid, semi-solid, solid, or other substance, 
which contains more than one percent (1%) of alcohol by weight shall 
be conclusively deemed to be intoxicating.
    4. ``Wildhorse Resort & Casino''. Shall be the casino, hotel, 
golf course, and RV park located on the 640 acre Wildhorse site 
located on the Umatilla Indian Reservation which is more 
specifically described in Exhibit 1 to the Tribal-State Compact 
between the Confederated Tribes and the State of Oregon.
    5. ``Sale'' and ``Sell''. Includes exchange, barter, and 
traffic; and also the supplying or distribution by any means 
whatsoever, of liquor or any liquid known or described as beer or by 
any name whatever commonly used to describe malt or brewed liquor or 
wine, by any person to any other person; and also includes the 
supply and distribution to any other person.
    6. ``Spirits''. Any beverage which contains alcohol obtained by 
distillation, including wines exceeding seventeen percent (17%) of 
alcohol by weight.
    7. ``Wine''. Any alcoholic beverage obtained by fermentation of 
fruits, grapes, berries, or any other agricultural product 
containing sugar, to which any saccharin substances may have been 
added before, during or after fermentation, and containing not more 
than seventeen percent (17%) of alcohol by weight, including sweet 
wines fortified with wine spirits, such as port, sherry, muscatel, 
and anglican, not exceeding seventeen percent (17%) of alcohol by 
weight.

Section 1.04. Jurisdiction

    To the extent permitted by applicable law, the Confederated 
Tribes asserts jurisdiction to determine whether liquor sales and 
service are permitted within the boundaries of the Umatilla Indian 
Reservation. As provided in section 1.06 of this Code, liquor sales 
and service is only permitted at the Wildhorse Resort & Casino 
facilities under this Code. Nothing in this Code is intended nor 
shall be construed to limit the jurisdiction of the Confederated 
Tribes to all lands within the boundaries of the Umatilla Indian 
Reservation.

Section 1.05. Relation to Other Laws

    All prior codes, ordinances, resolutions and motions of the 
Confederated Tribes regulating, authorizing, prohibiting, or in any 
way dealing with the sale or service of liquor are hereby repealed 
and are of no further force or effect to the extent they are 
inconsistent or conflict with the provisions of this Code. 
Specifically, amendments to the Criminal Code to make it consistent 
with this Liquor Code have been approved by Resolution 05-095 
(October 3, 2005). No Tribal business licensing law or other Tribal 
law shall be applied in a manner inconsistent with the provisions of 
this Code.

Section 1.06. Authorized Sale and Service of Liquor

    A. Liquor may be offered for sale and may be served on the 
Umatilla Indian Reservation only at the following Wildhorse Resort & 
Casino facilities: Casino, hotel, golf course, and RV park. The 
sales and service of liquor at Wildhorse Resort & Casino facilities 
may only be permitted in the following areas.
    1. Casino. Lounge(s), restaurant(s), bingo/multipurpose hall 
when used for entertainment, food service, or convention/meeting 
purposes, conference/meeting room facility, entertainment facilities 
constructed within or adjacent to the Casino building and on casino 
premises in connection with special events (i.e., concert, rodeo 
event, car shows, etc.). All such sales and service of liquor shall 
be consistent with the Tribal-State Compact.
    2. Golf course. Clubhouse and on the golf course.
    3. Hotel. Hotel meeting room and in hotel rooms by guest use of 
room service, etc.
    4. RV park. In common area at special events and in individual 
RVs.
    B. The Board of Trustees hereby authorizes the Wildhorse Chief 
Operating Officer to apply for and maintain the appropriate 
license(s) from the Oregon Liquor Control Commission (OLCC) for the 
sales and service of liquor at the Wildhorse Resort & Casino as 
provided in this Code. The Wildhorse Chief Operating Officer is 
further authorized to treat as a casino expense any license fees 
associated with the OLCC liquor license.

Section 1.07. Prohibitions

    A. General Prohibitions. The commercial introduction of liquor 
for sales and service, other than by the Confederated Tribes through 
its Wildhorse Resort & Casino as permitted by this Code, is 
prohibited within the Umatilla Indian Reservation, and is hereby 
declared an offense under Tribal law.

[[Page 17494]]

Federal liquor laws applicable to Indian Country shall remain 
applicable to any person, act, or transaction which is not 
authorized by this Code and violators of this Code shall be subject 
to federal prosecution as well as to legal action in accordance with 
the law of the Confederated Tribes.
    B. Age Restrictions. No person shall be authorized to serve 
liquor to casino patrons unless they are at least 21 years of age. 
No person may be served liquor unless they are 21 years of age.
    C. No Consumption of Liquor Outside of Wildhorse Resort & Casino 
Premises. All liquor sales and service authorized by this Code shall 
be fully consumed within the areas of the Wildhorse Resort & Casino 
as set forth in Sec.  1.06 of this Code. No open containers of 
liquor, or unopened containers of liquor in bottles, cans, or 
otherwise may be permitted outside of the above-described premises.
    D. No Credit Liquor Sales. The sales and service of liquor 
authorized by this Code shall be upon a cash basis only. Payment for 
liquor shall be by cash, credit card, or check.

Section 1.08. Conformity With State Law

    Authorized liquor sales and service on the Umatilla Indian 
Reservation shall comply with Oregon State liquor law standards to 
the extent required by 18 U.S.C. 1161. The Wildhorse Chief Operating 
Officer shall be responsible for ensuring that all OLCC license 
requirements are satisfied, that the license(s) is renewed on an 
annual basis, and that all reasonable and necessary actions are 
taken to sell and serve liquor to Wildhorse patrons in a manner 
consistent with this Code, applicable State law, and the Tribal-
State Compact. The Wildhorse Chief Operating Officer shall also be 
authorized to purchase liquor from the State or other source for 
sale and service within the Wildhorse Resort & Casino.

Section 1.09. Penalty

    Any person or entity possessing, selling, serving, bartering, or 
manufacturing liquor products in violation of any part of this Code 
shall be subject to a civil fine of not more than $500 for each 
violation involving possession, but up to $5,000 for each violation 
involving selling, bartering, or manufacturing liquor products in 
violation of this Code, and violators may be subject to exclusion 
from the Umatilla Indian Reservation. In addition, persons or 
entities subject to the criminal jurisdiction of the Confederated 
Tribes who violate this Code shall be subject to criminal punishment 
as provided in the Criminal Code. All contraband liquor shall be 
confiscated by the Umatilla Tribal Police Department (UTPD). The 
Umatilla Tribal Court shall have exclusive jurisdiction to enforce 
this Code and the civil fines, criminal punishment and exclusion 
authorized by this section.

Section 1.10. Sovereign Immunity Preserved

    Nothing in this Code is intended or shall be construed as a 
waiver of the sovereign immunity of the Confederated Tribes. No 
manager or employee of the Wildhorse Resort & Casino shall be 
authorized, nor shall they attempt, to waive the sovereign immunity 
of the Confederated Tribes pursuant to this Code.

Section 1.11. Severability

    If any provision or provisions in this Code are held invalid by 
a court of competent jurisdiction, this Code shall continue in 
effect as if the invalid provision(s) were not a part hereof.

Section 1.12. Effective Date

    This Code shall be effective following approval by the Board of 
Trustees and approval by the Secretary of the Interior or his/her 
designee and publication in the Federal Register as provided by 
Federal law.

Appendix A Legislative History

Liquor Code

Legislative History

    The Board of Trustees enacted the Liquor Code in Resolution No. 
05-094 (October 3, 2005). In Resolution No. 05-127 (December 19, 
2005), the Board amended section 1.12 of the Code. No further 
amendments or revisions have been enacted.
[FR Doc. 06-3336 Filed 4-5-06; 8:45 am]
BILLING CODE 4310-4J-P