[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10553-10554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4053]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (Gun Lake)--
Amendment to Liquor Beverage Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice

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SUMMARY: This notice publishes the amendments to the Match-E-Be-Nash-
She-Wish Band of Pottawatomi Indians' Liquor Control Ordinance. The 
Ordinance regulates and controls the possession, sale and consumption 
of liquor within the Match-E-Be-Nash-She-Wish Band of Pottawatomi 
tribal lands. The lands are located in Indian Country and this 
Ordinance allows for the possession and sale of alcoholic beverages 
within their boundaries. This Ordinance will increase the ability of 
the tribal government to control the distribution and possession of 
liquor within their reservation, and at the same time will provide an 
important source of revenue, the strengthening of the tribal government 
and the delivery of tribal services.

DATES: Effective Date: This Amendment is effective 30 days after 
February 22, 2012.

FOR FURTHER INFORMATION CONTACT: David Christensen, Tribal Operations 
Officer, Midwest Regional Office, Bureau of Indian Affairs, Norman 
Pointe II, 5600 American Boulevard West, Suite 500, Bloomington, 
Minnesota 55437, Phone: (612) 735-4554; Fax: (612) 713-4401: or De 
Springer, Office

[[Page 10554]]

of Indian Services, Bureau of Indian Affairs, 1849 C Street NW., MS-
4513-MIB, Washington, DC 20240; Telephone (202) 513-7626.

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 Match-E-Be-Nash-She-Wish Band of 
Pottawatomi Indians Tribal Council adopted this amendment to the Match-
E-Be-Nash-She-Wish Band of Pottawatomi Indian Liquor Control Ordinance 
by Resolution 11-639, on January 6, 2011.
    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 Tribal Council duly adopted this amendment 
to the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians' Liquor 
Control Ordinance on January 6, 2011.

    Dated: February 9, 2012.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.

    The amendments to Chapter 3, Subsection 5(h) and Chapter 4, Section 
1 of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians' Liquor 
Control Ordinance read as follows:
    Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians Liquor Control 
Ordinance

Chapter 3--Tribal Liquor License

    Section 5. Any Tribal Liquor License shall be subject to such 
conditions as the Tribal Council shall impose, including, but not 
limited to the following:
    (h) Alcoholic Beverages may only be provided on a complimentary 
basis, given away, or furnished without charge in any facility licensed 
under this Ordinance if such action is consistent with the provisions 
of the Tribe-State Compact, the Tribal Liquor License, or other laws or 
regulations of the Tribe.

Chapter 4--Incorporation of Michigan Laws by Reference

    Section 1. In accordance with 18 U.S.C. 1161, the Tribe hereby 
adopts and applies as tribal law those Michigan laws, as now or 
hereafter amended, relating to the sale and regulation of Alcoholic 
Beverages encompassing the following areas: sale to a Minor; sale to a 
visibly intoxicated individual; sale of adulterated or misbranded 
liquor; and hours of operation.
    The following laws from the Michigan Liquor Control Code of 1998 
are hereby adopted and applied as Tribal law:
    436.1233 Uniform prices for sale of alcoholic liquor; gross profit; 
discount for certain sales of alcoholic liquor.
    436.1701 Selling or furnishing alcoholic liquor to person less than 
21 years of age; failure to make diligent inquiry; misdemeanor; signs; 
consumption of alcoholic liquor as cause of death or injury; felony; 
enforcement against licensee; defense in action for violation; report; 
definitions.
    436.1703 Purchase, consumption, or possession of alcoholic liquor 
by minor; attempt; violation; fines; sanctions; furnishing fraudulent 
identification to minor; screening and assessment; chemical breath 
analysis; construction of section; exceptions; ``any bodily alcohol 
content'' defined.
    436.1707 Selling, serving, or furnishing alcohol; prohibitions.
    436.1801 Granting or renewing license; selling, furnishing or 
giving alcoholic liquor to minor or person visibly intoxicated; right 
of action for damage or personal injury; actual damages; institution of 
action; notice; survival of action; separate actions by parents; 
commencement of action against retail licensee; indemnification; 
defenses available to licensee; rebuttable presumption; prohibited 
causes of action; section as exclusive remedy for money damages against 
licensee; civil action subject to revised judicature act.
    436.1815 Adherence to responsible business practices as defense; 
compensation of employee on commission basis.
    436.1901 Compliance required, prohibited acts.
    436.1905 Selling or furnishing alcoholic liquor to minor; 
enforcement actions prohibited; conditions; exception.
    436.2005 Adulterated, misbranded, or refilled liquor.
    The laws referenced in this section shall apply in the same manner 
and to the same extent as such laws apply elsewhere in Michigan, unless 
otherwise agreed by the Tribe and State.

[FR Doc. 2012-4053 Filed 2-21-12; 8:45 am]
BILLING CODE 4310-4J-P