[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Notices]
[Pages 47210-47212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18771]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Metlakatla Indian Community Alcohol Possession Code

AGENCY:  Bureau of Indian Affairs, Interior.

ACTION:  Notice.

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SUMMARY:  This notice publishes an amendment to the Law and Order Code 
(Code), Alcohol Possession, for the Metlakatla Indian Community of the 
Annette Island Reserve. The amendment regulates and controls the 
possession and consumption of liquor within the tribal lands. The 
tribal lands are located in Indian Country and this amended Code allows 
for possession of alcoholic beverages within their boundaries. This 
Code will increase the ability of the tribal government to control 
liquor possession and consumption by the community's members.

DATES:  Effective Date: This Code is effective on August 13, 2008.

FOR FURTHER INFORMATION CONTACT:  Betty Scissons, Tribal Government 
Services Officer, Northwest Regional Office, 911 NE 11th Ave., 8th 
Floor, Portland, OR 97232, Telephone: (503) 231-6723, Fax (503) 231-
2189; or Elizabeth Colliflower, Office of Indian Services, 1849 C 
Street, NW., Mail Stop 4513-MIB, Washington, DC 20240, Telephone: (202) 
513-7640.

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 Metlakatla Indian Community, 
Council, Annette Islands Reserve, amended the Alcohol Possession 
section of its Law and Order Code by Resolution No. 07-49 on November 
13, 2007. The purpose of this Ordinance is to govern the possession of 
alcohol within tribal lands of the Tribe.
    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 this Alcohol Possession Code of the Metlakatla 
Indian Community was duly adopted by the Council, Annette Island 
Reserve on November 13, 2007.

    Dated: July 31, 2008.
George Skibine,
Acting Deputy Assistant Secretaryfor Policy and Economic Development.
    The Metlakatla Indian Community Alcohol Possession Code reads as 
follows:

[[Page 47211]]

PROVISIONS RELATED TO THE LEGALIZATION OF ALCOHOL POSSESSION WITHIN THE 
ANNETTE ISLANDS RESERVE

TITLE ONE, CHAPTER 1, CRIMINAL VIOLATIONS.

SECTION ONE.1.49 DISTRIBUTION OF TOBACCO AND INTOXICANTS TO CHILDREN.
    A. Any person who shall provide any tobacco product to any child 
under the age of eighteen (18) years shall be guilty of an offense and, 
upon conviction thereof, shall be sentenced to labor for a period of 
not more than six (6) months or to pay a fine not to exceed the 
constitutional limit, or both, with costs.
    B. Any person who shall provide any alcoholic beverage, narcotic or 
other intoxicant to any person under the age of twenty-one (21) years 
shall be guilty of an offense and, upon conviction thereof, shall be 
sentenced to labor for a period of not more than six (6) months or to 
pay a fine not to exceed the constitutional limit, or both, with costs. 
A person shall also be liable for this offense if he or she exercises 
control over property and allows any person under the age of twenty-one 
(21) years to consume alcohol on the property or to remain on the 
property if they have consumed alcohol.
SECTION ONE.1.55 LIQUOR POSSESSION FOR SALE.
    A. Sale of Alcoholic Beverages Prohibited.
    Any person who shall, within the Annette Islands Reserve, sell, 
barter or transport, possess, or manufacture any alcoholic beverage for 
purposes of sale or distribution thereof for profit, shall be guilty of 
an offense.
    B. Application to Non-Member Natives.
    1. First Conviction: Upon first conviction thereof, a non-member 
Native may be sentenced to labor for a period of not more than thirty 
(30) days and shall pay a fine of not less than one thousand dollars 
($1000) and not more than five thousand dollars ($5000). Upon a 
conviction hereunder, a person shall appear before the Council for a 
public reprimand.
    2. Second Conviction: Upon a second conviction thereof, a person 
may be sentenced to labor for a period of not to exceed ninety (90) 
days and shall pay a fine of five thousand dollars ($5000) and shall be 
made subject to a proceeding under Title Four, Chapter 3 to revoke all 
existing visitor, residence and employment permits in the person's 
possession.
    3. First Conviction, Special Circumstances: Upon a first conviction 
involving a violation of Section One.1.49, a person may be sentenced to 
labor for a period of not to exceed ninety (90) days and shall pay a 
fine of five thousand dollars ($5000) and shall be made subject to a 
proceeding under Title Four, Chapter 3 to revoke all existing visitor, 
residence and employment permits in the person's possession.
    C. Application to Members.
    1. First Conviction: Upon first conviction thereof, a member may be 
sentenced to labor for a period of not more than thirty (30) days and 
shall pay a fine of not less than one thousand dollars ($1000) and not 
more than five thousand dollars ($5000). The Magistrate shall notify 
the defendant of the possibility of loss of membership privileges 
pursuant to the rules established by the Community Council if the 
defendant is convicted a subsequent time. Upon a conviction hereunder, 
a person shall appear before the Council for a public reprimand.
    2. Second Conviction: Upon a second conviction thereof, a member 
may be sentenced to labor for a period of not to exceed ninety (90) 
days and shall pay a fine of five thousand dollars ($5000) and shall be 
required to relinquish all rights and privileges of citizenship of the 
Metlakatla Indian Community under Title Four, Chapter 2 for a period of 
six (6) months. No hearing or Special Council meeting shall be 
necessary under Title Four, Chapter 2.
    3. First Conviction, Special Circumstances: Upon a first conviction 
involving a violation of Section One.1.49, a member may be sentenced to 
labor for a period of not to exceed ninety (90) days and shall pay a 
fine of five thousand dollars ($5000) and shall be required to 
relinquish all rights and privileges of citizenship of the Metlakatla 
Indian Community under Title Four, Chapter 2 for a period of six (6) 
months. No hearing or Special Council meeting shall be necessary under 
Title Four, Chapter 2.
SECTION ONE.1.56 LIQUOR VIOLATION.
    Any person who shall, within the Annette Islands Reserve sell, 
barter, transport, possess, consume, or have consumed, or manufacture 
any alcoholic beverage shall be guilty of an offense and, upon 
conviction thereof, shall be sentenced to labor for a period of not 
more than six (6) months or to pay a fine not to exceed the 
constitutional limit, or both, with costs.
SECTION ONE.1.56 PUBLIC INTOXICATION.
    A. A person commits the crime of public intoxication if he or she 
appears in a public place under the influence of alcohol, narcotics, or 
other drug to the degree that he or she endangers himself or herself or 
another person or property, or by boisterous and offensive conduct 
affects the enjoyment of another person in his or her vicinity.
    B. Public intoxication is a violation and, upon conviction thereof, 
shall be punishable by a sentence of labor for a period of not more 
than six (6) months or to pay a fine not to exceed the constitutional 
limit, or both, with costs. Individuals arrested for public 
intoxication may be held in jail for a period after which they are no 
longer considered a harm to themselves and others (e.g., the time 
necessary for them to ``sober up''), provided such time shall not 
exceed twelve (12) hours.
SECTION ONE.1.56(A) CONSUMPTION OF ALCOHOL IN PUBLIC PLACES.
    A. A person commits the crime of consumption of alcohol in public 
places if he or she drinks or consumes any alcoholic liquor in or upon 
any street, alley, public grounds, or other public places. Public 
places shall be defined as those developed public areas designated by 
the Council, including areas within the municipal limits and developed 
beaches, including Smuggler's Cove, Sand Dollar, Graveyard, and 
Pioneer.
    B. Consumption of alcohol in public places is an offense and, upon 
conviction thereof, shall be punishable by a sentence of labor for a 
period of not more than six (6) months or a fine not to exceed the 
constitutional limit, or both, with costs.
SECTION ONE.1.56(B) MINOR IN POSSESSION OF ALCOHOL.
    A. A minor commits the crime of minor in possession of alcohol when 
he or she is in possession of alcohol, which can be proven by facts 
showing the minor had physical possession, constructive possession, or 
possession by consumption (breath) of alcohol.
    B. Minor in possession of alcohol is a violation and subject to the 
provisions of Title 3, Chapter 4 (Juvenile Offender Procedure).
SECTION ONE.1.56(C) MISREPRESENTATION OF AGE BY A MINOR.
    A. A minor commits the crime of misrepresentation of age by a minor 
when he or she is purposely not truthful about his or her age to 
prevent being in violation of law.

[[Page 47212]]

    B. Misrepresentation of age by a minor is a violation and subject 
to the provisions of Title Three, Chapter 4 (Juvenile Offender 
Procedure).

TITLE FOUR, CHAPTER 6, GOVERNING CONTRABAND.

SECTION FOUR.6.2 DECLARATION OF CONTRABAND.
    The following things and substances are hereby declared to be 
contraband and their manufacture, possession, sale, or use within the 
Annette Islands Reserve is hereby declared to be illegal:
    A. Electronic decoder for radio messages.
    B. Electronic radar detector.
    C. Any other electronic device used to detect or interfere with any 
electromagnetic signal generated by the Metlakatla Police Department in 
its law enforcement activities or by any other governmental or law 
enforcement agency authorized to operate on the Annette Islands 
Reserve.
    D. Marijuana or any other dangerous drug or narcotic the use or 
possession of which violates the Law & Order Code of the Metlakatla 
Indian Community or any Federal law relating to controlled substances, 
unless such use or possession is legal under the laws of the State of 
Alaska and is solely for medical purposes.
    E. Any device, substance, airplane, boat, including fishing 
vessels, motor vehicle, or thing of any kind whatsoever used in 
connection with violating the Law & Order Code of the Metlakatla Indian 
Community, including all ordinances or any resolutions and orders of 
the Metlakatla Indian Community Council or the Magistrate's Court of 
the Metlakatla Indian Community.
    F. The species of dog known as a Pit Bull or Pit Bull Terrier or 
other vicious animal.
    G. Firearms of destructive devices possessed in violation of 
Section Four.5.2.

[FR Doc. E8-18771 Filed 8-12-08; 8:45 am]
BILLING CODE 4310-4J-P