[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Notices]
[Pages 34782-34783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13725]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Guidiville Band of Pomo Indians of the Guidiville Indian 
Rancheria Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Guidiville Band of Pomo Indians of 
the Guidiville Indian Rancheria Liquor Control Ordinance. The Ordinance 
regulates and controls the possession, sale and consumption of liquor 
within the Guidiville Band of Pomo Indians of the Guidiville Indian 
Rancheria tribal land. The tribal land is located on trust land. This 
Ordinance will increase the ability of the tribal government to control 
the distribution and possession of liquor within their tribal land, and 
at the same time will provide an important source of revenue and 
strengthening of the tribal government and the delivery of tribal 
services.

DATES: This Ordinance is effective June 18, 2008.

FOR FURTHER INFORMATION CONTACT: Fred Doka Jr., Tribal Operations 
Officer, Pacific Regional Office, 2800 Cottage Way, Sacramento, CA 
95825, Telephone (916) 978-6067; or Elizabeth Colliflower, Office of 
Tribal Services, 1849 C Street, NW., Mail Stop 4513-MIB, Washington, DC 
20240; Telephone (202) 513-7627; Fax (202) 501-0679.

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 Guidiville Band of Pomo Indians of 
the Guidiville Indian Rancheria Tribal Council adopted this amendment 
to its Liquor Control Ordinance on March 27, 2008. The purpose of this 
Ordinance is to govern the sale, possession and distribution of alcohol 
within the Guidiville Band of Pomo Indians of the Guidiville Indian 
Rancheria tribal land.
    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 Guidiville Band of Pomo Indians adopted 
this Liquor Control Ordinance on March 27, 2008.

    Dated: June 9, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary for Policy and Economic Development.

    The Guidiville Band of Pomo Indians of the Guidiville Indian 
Rancheria Liquor Control Ordinance reads as follows:

Ordinance of the Guidiville Band of Pomo Indians of the Guidiville 
Indian Rancheria

    Ordinance Name: Guidiville Indian Rancheria Liquor Control 
Ordinance.
    Ordinance Number: 05-02, as amended.
    Date Approved: November 21, 2005.
    Date Amended: March 27, 2008.
    Whereas, Guidiville Indian Rancheria is a federally recognized 
Tribe as a result of the Scotts Valley et al. v. the United States case 
of September 6, 1991 (NO. C-86-3660-VRW); and,
    Whereas, The Tribal Council of the Guidiville Indian Rancheria is 
the duly authorized governing body of the Tribe to fully exercise 
governmental responsibilities, and is empowered to make Tribal policy, 
pass Tribal codes and ordinances, approve contracts, and carry out 
Tribal business under the authority of the Constitution of the 
Guidiville Indian Rancheria; and,
    Whereas, The Tribal Council has determined that an ordinance to 
regulate the possession and sale of liquor on lands, or future lands, 
and/or areas subject to the jurisdiction of the Tribe and to permit 
alcohol sales by business entities, corporations, tribally owned and 
operated enterprises, and at tribally approved special events, is in

[[Page 34783]]

the best interests of the Tribe, its members and the general public; 
and
    Whereas, The Guidiville Band of Pomo Indians 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 and 
has been prepared and reviewed by staff, legal counsel and the Tribal 
Council for consistency with federal law and other tribal laws and 
regulations.
    Therefore be it resolved, that the Tribal Council representing the 
Guidiville Band of Pomo Indians of the Guidiville Indian Rancheria 
hereby adopts the following:
    Article 1: Name: This statute shall be known as the Guidiville 
Indian Rancheria Liquor Control Ordinance.
    Article 2: Authority: This statute is enacted pursuant to the 
general authority of the Guidiville Tribal Council and the Act of 
August 15, 1953, (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161).
    Article 3: Purpose: The purpose of this statute is to regulate and 
control the possession and sale of liquor on lands and future lands 
that are within the jurisdiction of the Guidiville Band of Pomo Indians 
Tribal government, 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 lands within 
the jurisdiction of the Guidiville Tribal government will increase the 
ability of the Tribal Government to control 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 on lands within the exterior 
boundaries of the Guidiville Indian Rancheria and/or general 
governmental jurisdiction of the Tribe, provided that such sales are in 
conformity with the laws of the State of California governing 
possession of alcoholic beverages.
    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 Guidiville Indian Rancheria and/or general 
governmental jurisdiction of the Tribe; provided that such sales are in 
conformity with the laws of the State of California governing the sale 
of alcoholic beverages.
    (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 Guidiville Indian Rancheria and/or general governmental 
jurisdiction of the Tribe; provided that such sales are in conformity 
with the laws of the State of California governing special event sales 
and with prior approval by the Tribe.
    Article 7: Age Limits: The drinking age for individuals within the 
exterior boundaries of the Guidiville Indian Rancheria and/or general 
governmental jurisdiction of the Tribe 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 from time 
to time to match the age limit imposed by California 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 the authority of its 
Tribal Council, shall have the authority to enforce this statute by 
confiscating or causing to be confiscated 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 governing the control, possession or sale of 
liquor on lands and future lands that are within the jurisdiction of 
the Guidiville Band of Pomo Indians Tribal government, and to permit 
alcohol sales by tribally owned and operated enterprises, and at 
tribally approved special events 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 Ordinance 05-02 was amended 
at a special meeting of the Guidiville Indian Rancheria Tribal Council 
on March 27, 2008, at which a quorum was present and that this 
Ordinance was adopted by a vote of 3 For, 0 Opposed, 0 Abstentions. 
This resolution has not been rescinded in any way.

    Dated: March 27, 2008.
Merlene Sanchez,
Chairperson.

    Dated: March 27, 2008.
Denise Dawson.

[FR Doc. E8-13725 Filed 6-17-08; 8:45 am]
BILLING CODE 4310-4J-P