[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Notices]
[Pages 15122-15123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6129]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Te-Moak Tribe of Western Shoshone-- Ordinance Pursuant to United 
States Code, Legalizing and Regulating the Introduction, Possession, 
Use and Consumption of Alcoholic Beverages

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Amendment to the Te-Moak Tribe of 
Western Shoshone Indians Ordinance Pursuant to Section 1161, Title 18 
United States Code, Legalizing and Regulating the Introduction, 
Possession, Use and Consumption of Alcoholic Beverages. This Ordinance 
regulates and controls the possession, sale and consumption of liquor 
within the jurisdiction of Te-Moak Western Shoshone Tribe's Colonies 
and Reservation, 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 Amendment is effective 30 days after 
publication March 14, 2012.

FOR FURTHER INFORMATION CONTACT: Donna Peterson, Acting Tribal 
Government Services Officer, Western Regional Office, Bureau of Indian 
Affairs, P.O. Box 10, Phoenix, Arizona 85001, Telephone: (602) 379-
6786; Fax: (602) 379-4100; or, De Springer, Office 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 purpose of this Ordinance is to 
govern the sale, possession and distribution of alcohol within the Te-
Moak Western Shoshone Tribal Colonies/Lands and Reservation. On May 7, 
1982, the Te-Moak Tribal Council duly adopted Ordinance 82-ORD-TM-01 
which was readopted and amended by Ordinance 82-ORD-TM-03 on July 9, 
1982. Ordinance 82-ORD-TM-03 and Ordinance 82-ORD-TM-01 were approved 
and published in the Federal Register on January 6, 1983. The Te-Moak 
Tribal Council adopted Amendment (05-ORD-TM-05) to its 
Ordinance on October 5, 2005. 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 Te-Moak Tribe 
of Western Shoshone--Ordinance Pursuant to

[[Page 15123]]

Section 1161, Title 18 United States Code, Legalizing and Regulating 
the Introduction, Possession, Use and Consumption of Alcoholic 
Beverages, the Amended Liquor Ordinance of the Te-Moak Tribe of Western 
Shoshone Indians, was duly adopted by the Te-Moak Tribal Council on 
October 5, 2005.

    Dated: February 24, 2012.
Jodi Gillette,
Deputy Assistant Secretary--Indian Affairs.
    Amendment (05-ORD-TM-05) to the Te-Moak Liquor 
Ordinance reads as follows:

Ordinance pursuant to Section 1161, Title 18 United States Code, 
Legalizing and Regulating the Introduction, Possession, Use and 
Consumption of Alcoholic Beverages

    Now, therefore, be enacted by the Te-Moak Tribal Council of the 
Te-Moak Tribe of Western Shoshone Indians of Nevada, that pursuant 
to the authority vested in it by Article VII, Section 1(f) of the 
Constitution of the Te-Moak Tribe of Western Shoshone Indians of 
Nevada, and Article II, Section 1 of the By-Laws of the Te-Moak 
Tribe of Western Shoshone Indians of Nevada, that the introduction, 
possession, use and consumption of alcoholic beverages shall be 
lawful within the exterior boundaries of those lands in the State of 
Nevada under the territorial jurisdiction of the Te-Moak Tribe of 
Western Shoshone Indians of Nevada. Provided that such introduction, 
possession, use and consumption shall be in accordance with the 
following:

SECTION 1:

    (a) It shall be unlawful to sell alcoholic beverages by the 
bottle, drink, can, or other package within the exterior boundaries 
of those lands of the State of Nevada under the territorial 
jurisdiction of the Te-Moak Tribe of Western Shoshone Indians of 
Nevada, without first obtaining a valid license issued by the Te-
Moak Tribal Council.
    (b) Such tribal license will authorize the holder thereof to 
sell alcoholic beverages at retail in cans, bottles or other 
packages, or by the drink for consumption on the premises or within 
a defined area.
    (c) Such tribal license shall set forth the location and 
description of the building and premises or defined area where such 
sales may be made and for which said license is issued.
    (d) No such license shall be issued without the approval of the 
local governing body of the Colony or Reservation of the Te-Moak 
Tribe of Western Shoshone Indians of Nevada, upon the territory of 
which the proposed alcoholic beverage business is seeking to be 
licensed.
    (e) No such license shall be transferred without the prior 
consent of the Te-Moak Tribal Council.
    (f) Te-Moak Tribal Council shall establish the different 
categories of licenses and the license fee schedules annually by a 
duly passed resolution.
    (g) Any such license fee collected by the Te-Moak Tribal Council 
shall remain within the Te-Moak Tribe of Western Shoshone Indians of 
Nevada upon receipt of fees collected from the local governing body 
of the Colony or Reservation of the Te-Moak Tribe of Western 
Shoshone Indians of Nevada upon the territory of which the alcoholic 
beverage business has been licensed.

SECTION 2:

    It shall be unlawful to use or consume any alcoholic beverages 
in a motor vehicle while such vehicle is being driven.

SECTION 3:

    It shall be unlawful to possess any open bottle, can package or 
container of alcoholic beverage in the passenger compartment of a 
motor vehicle when such vehicle is being driven.

SECTION 4:

    It shall be unlawful for any person actually under the influence 
of alcoholic beverages to possess, use or consume alcoholic 
beverages.

SECTION 5:

    It shall be unlawful for any person to furnish any alcoholic 
beverage to any person under the age of twenty-one (21) years to 
leave or to deposit any alcoholic beverages with the intent that the 
alcoholic beverages shall be procured by any person under the age of 
twenty-one (21) years.

SECTION 6:

    It shall be unlawful for any person under the age of twenty-one 
(21) years of age to introduce, possess, use or consume alcoholic 
beverages.

SECTION 7:

    Any Indian who violates any of the provisions of this ordinance 
shall be deemed guilty of an offense and upon conviction thereof 
shall be punished by a fine of not more that $300.00 or by 
imprisonment of not more than sixty (60) days or both such fine and 
imprisonment: Provided, however, that any person under the age of 
eighteen (18) years may, in the discretion of the Judge, be treated 
as a juvenile and have the charge(s) disposed of pursuant to 
applicable juvenile law and procedures.

SECTION 8:

    When a non-Indian violates any provision of this ordinance, he 
or she shall be referred to the State and/or Federal authorities for 
prosecution under applicable law.

SECTION 9:

    Any licensee violating any provision of this ordinance may have 
said licensee's license suspended or revoked by the Te-Moak Tribal 
Council provided that the licensee is given a written notice of the 
proposed suspension or revocation and afforded an opportunity of a 
hearing.

SECTION 10:

    All ordinances, resolutions or acts that have previously been 
enacted by the Te-Moak Tribal Council, which are in conflict with 
any provision of this ordinance are hereby repealed.

CERTIFICATION

    I, the undersigned, as Chairman of the Tribal Council of the Te-
Moak Tribe of Western Shoshone Indians of Nevada do hereby certify 
that the Te-Moak Western Shoshone Council is composed of 10 members 
of whom 9 constituting a quorum were present at a duly held meeting 
on October 5, 2005, and that the foregoing ordinance was duly 
adopted at such meeting by an affirmative vote of 4 For, 3 Against, 
and 2 Abstention, pursuant to the authority contained under Article 
4, Section 3(n) of the Constitution of the Te-Moak Tribe of Western 
Shoshone Indians of Nevada and that said ordinance has not been 
rescinded in any form.

/s/ Hugh Stevens, Chairman,

Te-Moak Tribe of Western Shoshone

ATTEST:

/s/ Vera Johnny, Acting Recording Secretary

Te-Moak Tribal Council
[FR Doc. 2012-6129 Filed 3-13-12; 8:45 am]
BILLING CODE 4310-4J-P