[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Notices]
[Pages 31381-31385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12843]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Habematolel Pomo of Upper Lake--Tribal Liquor Ordinance No. 2008-
01

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Tribal Liquor Ordinance No. 2008-01 
of the Habematolel Pomo of Upper Lake. The Ordinance regulates and 
controls the possession, sale and consumption of liquor within the 
Indian Country of the Habematolel Pomo of Upper Lake. The land is trust 
land and this Ordinance allows for the possession and sale of alcoholic 
beverages within the jurisdiction of the Habematolel Pomo of Upper 
Lake. This Ordinance will increase the ability of the tribal government 
to control the distribution and possession of liquor within their 
jurisdiction, 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 May 25, 2012.

FOR FURTHER INFORMATION CONTACT: Sophia Torres, Tribal Government 
Specialist, Pacific Regional Office, Bureau of Indian Affairs, 2800 
Cottage Way, Sacramento, CA 95825, Phone: (916)978-6073; Fax: (916)916-
6099: or De Springer, Office of Indian Services, Bureau of Indian 
Affairs, 1849 C Street NW., MS-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 Habematolel Pomo of Upper Lake 
adopted this Ordinance by Resolution No. 04-12-03 on April 16, 2012.
    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 Habermatolel Pomo of Upper Lake Executive 
Council duly adopted the Tribal Liquor Ordinance No 2008-01 of the 
Habematolel Pomo of Upper Lake by Resolution No. 04-12-03 on April 16, 
2012.

    Dated: May 22, 2012.
Donald E. Laverdure,
Acting Assistant Secretary--Indian Affairs.
    The Tribal Liquor Ordinance No 2008-01 of the Habematolel Pomo of 
Upper Lake shall read as follows:

Article I--Title

    This Ordinance shall be known as the ``Liquor Ordinance of the 
Habematolel Pomo of Upper Lake.''

Article II--Authority

    This Liquor Ordinance is enacted pursuant to the Act of August 15, 
1953 (Pub. L. 83-277, and 67 Stat. 586, 18 U.S.C. section 1161), as 
interpreted by Rice v. Renner, 463 U.S. 713 (1983) and the Constitution 
of the Habematolel Pomo of Upper Lake, a federally recognized Indian 
tribe (``Tribe''), approved on May 12, 2004 and the Tribe's inherent 
sovereign authority.

Article III--Purpose

    The purpose of this Liquor Ordinance is to regulate and to control 
the possession and sale of liquor on lands within the jurisdiction of 
the Habematolel Pomo of Upper Lake. The enactment of a tribal ordinance 
governing liquor possession and sale on Tribal Lands will increase the 
ability of the Tribal Government to control 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 Government services.

Article IV--Tribal Jurisdiction

    This Ordinance applies to all lands in which the Habematolel Pomo 
Of Upper Lake holds an ownership interest and which are defined as 
Indian country under 18 U.S.C. 1151. At the time of enacting this 
Ordinance, the Habematolel Pomo of Upper Lake do not have an ownership 
interest in any lands defined by 18 U.S.C.1154(c) as fee-patented land 
in a non-Indian community or rights-of-ways which run through Tribal 
lands. This Ordinance is in conformity with California State alcohol 
laws as required by 18 U.S.C. 1161.

Article V--Definitions

    As used in this Liquor Ordinance, the following words shall have 
the following meanings unless the context clearly requires otherwise.
    A. ``Alcohol'' means that substance known as ethyl alcohol, 
hydrated oxide of ethyl, or spirit of wine which is commonly produced 
by the fermentation or distillation of grain, starch, molasses, or 
sugar, or other substances including all dilutions of this substance.
    B. ``Alcoholic Beverage'' is synonymous with the term ``Liquor'' as 
defined in Letter F of this Article.
    C. ``Bar'' means any establishment with special space and 
accommodations for sale by the glass and for consumption on the 
premises of any liquor or alcoholic beverage, as herein defined.
    D. ``Beer'' means any alcoholic beverage obtained by the 
fermentation or any infusion or decoction of barley, malt, hops, or any 
other similar product, or any combination thereof in water, and 
includes ale, porter, brown, stout, lager beer, small beer, and strong 
beer but does not include sake, known as Japanese rice wine.
    E. ``Executive Council'' as used herein means the body authorized 
by the Habematolel Pomo of Upper Lake Constitution to promulgate all 
tribal ordinances and regulations.
    E. ``General Membership'' means the general membership of the 
Habematolel Pomo of Upper Lake which is composed

[[Page 31382]]

of the voting membership of the Tribe as a whole.
    F. ``Liquor'' includes the four varieties of liquor herein defined 
(Alcohol, Spirits, Wine, and Beer), and all fermented spirituous, 
vinous, or malt liquor or combination thereof, and mixed liquor, or 
otherwise intoxicating; and every liquid or solid or semisolid or other 
substance, patented or not, containing alcohol, spirits, wine or beer, 
and all drinks or drinkable liquids and all preparations or mixtures 
capable of human consumption and any liquid, semisolid, solid, or other 
substance, which contain more than one percent of alcohol by weight 
shall be conclusively deemed to be intoxicating.
    G. ``Liquor License'' the license authorized to be issued to those 
who have met the qualifications of this Ordinance at Article VIII, 
which grants a licensee the ability to sell Alcohol or Liquor on Tribal 
Lands.
    H. ``Liquor Store'' means any store at which liquor is sold and, 
for the purposes of this Liquor Ordinance, includes stores only a 
portion of which are devoted to sale of liquor or beer.
    I. ``Malt Liquor'' means Beer, strong beer, ale, stout, and porter.
    J. ``Package'' means any container or receptacle used for holding 
liquor.
    K. ``Public Place'' includes state or county or Tribal or federal 
highways or roads; buildings and grounds used for school purposes; 
public dance halls and grounds adjacent thereto; soft drink 
establishment; public buildings; public meeting halls; lobbies, halls 
and dining rooms of hotels, restaurants, theater, gaming facilities, 
entertainment centers, store garages, and filling stations which are 
open to and/or are generally used by the public and to which the public 
is permitted to have unrestricted access; public conveyances of all 
kinds of character; and all other places of like or similar nature to 
which the general public has unrestricted right of access, and which 
are generally used by the public. For the purpose of this Liquor 
Ordinance, ``Public Place'' shall also include any establishment other 
than a single family home which is designed for or may be used by more 
than just the owner of the establishment.
    L. ``Sale'' and ``Sell'' include exchange, barter, and traffic and 
also include the selling or supplying or distributing by any means 
whatsoever, of liquor, or of any liquid known or described as beer or 
by any name whatsoever commonly used to describe malt or brewed liquor 
or wine by any person to any person.
    M. ``Spirits'' means any beverage which contains alcohol obtained 
by distillation including wines exceeding seventeen percent of alcohol 
by weight.
    N. ``Tribe'' means the Habematolel Pomo of Upper Lake.
    O. ``Tribal Designee'' is a person designated by the majority of 
the Executive Council to fulfill a specific task pursuant to this 
Liquor Ordinance.
    P. ``Tribal Land'' means any land held in trust by the United 
States for the Tribe as a whole including any such land that is leased 
by the Tribe in trust or lands that may be leased by the Tribe to 
another party.
    Q. ``Liquor Trust Account'' means the account designated by the 
Executive Council for deposit of proceeds from any tax or fee levied by 
the Executive Council and relating to the sale of alcoholic beverages.
    R. ``Taxpayer'' is the licensee who is obligated to pay taxes from 
the sale of alcoholic beverages pursuant to this Liquor Ordinance.
    S. ``Trust Agent'' means the Executive Council (see ``Executive 
Council'') or their designee.
    T. ``Wine'' means any alcoholic beverage obtained by fermentation 
of fruits (grapes, berries, apples, etc.) or other agricultural product 
containing sugar, to which any saccharine substances may have been 
added before, during or after fermentation, and containing not more 
than seventeen percent of alcohol by weight, including sweet wines 
fortified with wine spirits such as port, sherry, muscatel and 
angelica, not exceeding seventeen percent of alcohol by weight.

Article VI--Powers of Enforcement

    Section 1. Powers. The Executive Council, in furtherance of this 
Liquor Ordinance, shall have the following powers and duties:
    a. To publish and enforce the rules and regulations governing the 
sale, manufacture, and distribution of Alcoholic Beverages on Tribal 
Lands.
    b. To employ managers, accountants, security personnel, inspectors, 
and such other persons as shall be reasonably necessary to allow the 
Executive Council to perform its functions; all such employees shall be 
Tribal employees;
    c. To issue licenses permitting the sale or manufacture or 
distribution of liquor on Tribal Lands;
    d. To hold hearings on violations of this Liquor Ordinance or for 
the issuance or revocation of licenses hereunder pursuant to Section 
VI;
    e. To bring suit in the appropriate court to enforce this Liquor 
Ordinance as necessary;
    f. To determine and seek damages for violation of this Liquor 
Ordinance;
    g. To make such reports to the General Membership; as may be 
required herein;
    h. To collect taxes and fees levied or set by the Executive 
Council, and to keep accurate records, books and accounts; and
    i. To exercise such other powers as are necessary and appropriate 
to fulfill the purposes of this Ordinance and as may be defined in the 
Tribe's Constitution, Article X, Sections 1 and 2.
    Section 2. Limitation on Powers. In the exercise of its powers and 
duties under this Liquor Ordinance, the individual members of the 
Executive Council shall not accept for personal gain any gratuity, 
compensation or other items of value from any liquor wholesaler, 
retailer, vendor or distributor or from any licensee.
    Section 3. Inspection Rights. The premises on which Liquor is sold 
or distributed shall be open for inspection by the Executive Council or 
its designee at all reasonable times, which includes the hours the 
business is open to the public, for the purposes of ascertaining 
whether the rules and regulations of this Liquor Ordinance are being 
followed.

Article VII--Sales of Liquor

    Section 1. Tribal Liquor License Required; Tribally Owned 
Businesses. No sales of Alcoholic Beverages shall be made on Tribal 
Lands, except at a tribally licensed or tribally owned business. 
Nothing in this section shall prohibit a tribal licensee or the Tribe 
from purchasing liquor from other sources for resale, or the delivery 
to the Tribe for a tribal licensee of liquor purchased from other 
sources for resale on Tribal Lands.
    Section 2. Sale only on Tribal Land. All Liquor sales shall be on 
Tribal Lands.
    Section 3. Sales for Cash. All Liquor sales within Tribal Lands 
shall be on a cash only basis and no credit shall be extended to any 
person, organization, or entity, except that this provision does not 
prevent the use of ATM cards, debit cards, or major credit cards such 
as MasterCard, Visa, American Express, etc. as a means of securing 
payment for the sale.
    Section 4. Sale for Personal Consumption. All sales shall be for 
the personal use and consumption of the purchaser. Resale of any 
Alcoholic Beverages purchased on Tribal Lands is prohibited. Any person 
who is not licensed pursuant to this Liquor Ordinance who purchases an 
Alcoholic Beverage on Tribal Lands and sells it, whether in the 
original container or not, shall be in violation of this Liquor 
Ordinance and shall be subjected to

[[Page 31383]]

paying a fine and/or damages to the Tribe as set forth herein.

Article VIII--Licensing

    Section 1. Tribal Liquor License Requirements. No Tribal license 
shall be issued under this Liquor Ordinance except upon a sworn 
application filed with the Executive Council or its designee containing 
a full and complete showing of the following:
    a. Satisfactory proof that the applicant is or will be duly 
licensed by the State of California to sell alcoholic beverages;
    b. Satisfactory proof that the applicant is of good moral character 
and reputation and that the applicant is financially responsible;
    c. The description of the premises in which the alcoholic beverages 
are to be sold and proof that the applicant is the owner of such 
premises or the lessee of such premises for at least the term of the 
license;
    d. Agreement by the applicant to accept and abide by all conditions 
of the Tribal license;
    e. Payment of a fee established from time to time by the Executive 
Council. Said fee is established initially at $250.00 annually but can 
be changed by Executive Council Resolution at any time;
    f. Satisfactory proof that neither the applicant, nor the 
applicant's spouse, nor any principal owner, officer, shareholder, or 
director of the applicant, if an entity, has ever been convicted of a 
felony or a crime of moral turpitude as defined by the laws of the 
State of California;
    g. Satisfactory proof that notice of the application has been 
posted in a prominent, noticeable place on the premises where alcoholic 
beverages are to be sold for at least thirty (30) days prior to 
consideration by the Executive Council and has been published at least 
twice in a local newspaper serving the community that may be affected 
by the license as the Executive Council may authorize. The notice shall 
state the date, time, and place when the application shall be 
considered by the Executive Council pursuant to Section 2 of this 
ordinance.
    Section 2. Hearing on Application for Tribal Liquor License. All 
applications for a Tribal liquor license shall be considered by the 
Executive Council in open session at which the applicant, his, her or 
its attorney and/or representative, and any person protesting the 
application shall have the right to be present, and to offer sworn oral 
or documentary evidence relevant to the application. After the hearing, 
the Executive Council, by vote, shall determine whether to grant or 
deny the application based on: (1) The requirements of Section 1 of 
this Liquor Ordinance; and (2) whether the Executive Council, in its 
discretion, determines that granting the license is in the best 
interest of the Tribe. In the event that the applicant is a member of 
the Executive Council, or the applicant is a member of the immediate 
family of an Executive Council member, such related Executive Council 
member shall not vote on the application or participate in the 
application hearing as an Executive Council member.
    Section 3. Temporary Permits. The Executive Council or their 
designee may grant a temporary permit for the sale of Liquor for a 
period not to exceed three (3) days to any person applying to the same 
in connection with a Tribal or community activity, provided that the 
conditions prescribed in Section 4 of this Liquor Ordinance shall be 
observed by the person holding the temporary permit. Each permit issued 
shall specify the types of intoxicating beverages to be sold. Further, 
a fee of $50.00 will be assessed on temporary permits and may be waived 
at the discretion of the Executive Council (i.e. charitable events, 
fundraisers, etc.).
    Section 4. Conditions of a Tribal Liquor License. Any Tribal liquor 
license issued under this Liquor Ordinance shall be subject to such 
reasonable conditions as the Executive Council shall enact including 
but not limited to the following:
    a. The license shall be for an initial term not to exceed one (1) 
year and may be extended up to 5 years at the discretion of the 
Executive Council.
    b. The licensee shall at all times maintain an orderly, clean, and 
neat establishment, both inside and outside the licensed premises.
    c. The licensed premises shall be subject to patrol by Tribal law 
enforcement personnel and such other law enforcement officials as may 
be authorized under Federal, State, or Tribal law.
    d. The licensed premises shall be open to inspection by duly 
authorized Tribal Designee at all times during the regular business 
hours.
    e. Subject to the provisions of subsection ``g'' of this section, 
no Liquor or intoxicating beverages shall be sold, served, disposed of, 
delivered, or given to any person, or consumed on the licensed premises 
except in conformity with the hours and days prescribed by the laws of 
the State of California, and in accordance with the hours enacted by 
the Executive Council, provided that the licensed premises shall not 
operate or open earlier, or operate or close later, than is permitted 
by the laws of the State of California.
    f. No Liquor shall be sold within 200 feet of a polling place on 
Tribal, State or Federal, Election days, or when a referendum is held 
by the Tribe, and including special days of observation as designated 
by the Executive Council.
    g. All acts and transactions under authority of the Tribal Liquor 
License shall be in conformity with the laws of the State of 
California, with this Liquor Ordinance, and with any Tribal liquor 
license issued pursuant to this Liquor Ordinance.
    h. No person under the age permitted under the laws of the State of 
California shall be sold, served, delivered, given, or allowed to 
consume Alcoholic Beverages in the licensed establishment or area.
    i. There shall be no discrimination in the operations under the 
Tribal Liquor License by reason of race, color, gender, creed, religion 
or sexual preference.
    Section 5. License Not a Property Right. Notwithstanding any other 
provision of this Liquor Ordinance, a Tribal liquor license is a mere 
permit for a fixed duration of time. A Tribal liquor license shall not 
be deemed a property right or vested right of any kind, nor shall the 
granting of a Tribal liquor license give rise to a presumption of legal 
entitlement to a license/permit in a subsequent time period.
    Section 6. Assignment or Transfer. No Tribal license issued under 
this Liquor Ordinance shall be assigned or transferred without the 
prior written approval of the Executive Council expressed by formal, 
written resolution and/or transfer order.

Article IV--Rules, Regulations, and Enforcement

    Section 1. Sale or Possession with Intent to Sell Without a Permit. 
Any person who shall sell or offer for sale or distribute in any 
manner, any Liquor in violation of this Liquor Ordinance, or who shall 
operate or shall have Liquor in his possession with intent to sell or 
distribute without a license or permit, shall be in violation of this 
Liquor Ordinance.
    Section 2. Purchases from Other than Licensed or Allowed 
Facilities. Any person who, while on Tribal lands, buys Liquor from any 
person other than at a properly licensed or allowed facility shall be 
in violation of this Liquor Ordinance.
    Section 3. Sales to Persons under the Influence of Liquor. Selling 
any Alcoholic Beverage or Liquor to any obviously intoxicated person is 
a violation of this Ordinance.

[[Page 31384]]

    Section 4. Consumption or Possession of Liquor by Persons Under 21 
Years of Age. No person under the age of 21 years shall consume, 
acquire or have in his possession any Alcoholic Beverage. No person 
shall permit any other person under the age of 21 to consume Liquor on 
his premises or any premises under his control except in those 
situations set out in this section. Any person violating this section 
shall be in violation of a separate violation of this Liquor Ordinance 
for each and every drink so consumed.
    Section 5. Sales of Liquor to Persons Under 21 Years of Age. Any 
person who shall sell or provide liquor to any person under the age of 
21 years shall be in violation of this Liquor Ordinance for each sale 
or drink provided.
    Section 6. Transfer of Identification to Minor. Any person who 
transfers in any manner an identification of age to a minor for the 
purpose of permitting such minor to obtain liquor shall be in violation 
of this Ordinance; provided that corroborative testimony of witness 
other than the minor shall be a requirement of finding a violation of 
this Liquor Ordinance.
    Section 7. Use of False or Altered Identification. Any person who 
attempts to purchase an Alcoholic Beverage through the use of a false 
or altered identification shall be in violation of this Liquor 
Ordinance.
    Section 8. Acceptable Identification. Where there may be a question 
of a person's right to purchase liquor by reason of his or her age, 
such person shall be required to present any one of the following forms 
of identification which shows his or her correct age and bears his or 
her signature and photograph: (1) A driver's license of any state or 
identification card issued by any state department of motor vehicles; 
(2) United States active duty military; (3) a passport, or Habematolel 
Pomo of Upper Lake Tribal I.D. with photo.
    Section 9. Violations of this Liquor Ordinance. Any person in 
violation of this Ordinance shall be liable to pay the Tribe a civil 
fine not to exceed $500 per violation as civil damages to defray the 
Tribe's cost of enforcement of this Liquor Ordinance. In addition to 
any penalties so imposed, any license or permit issued hereunder may be 
suspended or canceled by the Executive Council for the violation of any 
of the provisions of this Liquor Ordinance, or of the Tribal license or 
permit, upon hearing before the Executive Council after 10 days notice 
to the licensee. The decision of the Executive Council shall be final 
and no appeal there from is allowed. The Executive Council shall grant 
all persons in any hearing regarding violations, penalties, or license 
suspensions under this Ordinance all the rights and due process granted 
by the Indian Civil Rights Act, 25 U.S.C. 1301, et seq. Notice of a 
Executive Council hearing regarding an alleged violation of this 
Ordinance shall be given to the affected individual(s) or entities at 
least 10 days in advance of the hearing. The notice will be delivered 
in person or by certified mail with the Executive Council retaining 
proof of service. The notice will set out the right of the alleged 
violator to be represented by Counsel retained by the alleged violator, 
the right to speak and to present witnesses and to cross examine any 
witnesses against them.
    Section 10. Possession of Liquor Contrary to This Liquor Ordinance. 
Alcoholic Beverages which are possessed contrary to the terms of this 
Liquor Ordinance are declared to be contraband. Any Tribal agent, 
employee, or officer who is authorized by the Executive Council to 
enforce this section shall have the authority to, and shall, seize all 
contraband and preserve it for evidentiary purposes for use by the 
Executive Council or Federal or State law enforcement agencies.
    Section 11. Disposition of Seized Contraband. Any officer seizing 
contraband shall preserve the contraband in accordance with the 
appropriate California law code. Upon being found in violation of this 
Liquor Ordinance by the Executive Council, the party shall forfeit all 
right, title and interest in the items seized which shall become the 
property of the Tribe.

Article X--Taxes

    Section 1. Sales Tax. There is hereby levied and shall be collected 
a tax on each sale of Alcoholic Beverages on Tribal Lands in the amount 
of one percent (1%) of the amount actually collected. The tax imposed 
by this section shall apply to all retail sales of liquor on Tribal 
Lands and shall be in addition to any tax imposed on such liquor sales 
by the State of California.
    Section 2. Payment of Taxes to Tribe. All taxes from the sale of 
Alcoholic Beverages on Tribal Lands shall be paid to the Trust Agent of 
the Tribe.
    Section 3. Taxes Due. All taxes from the sale of Alcoholic 
Beverages on Tribal Lands are due and payable to the Trust Agent of the 
Tribe within thirty (30) days of the end of the calendar quarter for 
which the taxes are due.
    Section 4. Reports. Along with payment of the taxes imposed herein, 
the Taxpayer shall submit a written accounting for the quarter of all 
income from the sale or distribution of alcoholic beverages as well as 
for the taxes collected.
    Section 5. Audit. As a condition of obtaining a license, the 
licensee must agree to the review or audit of its books and records 
relating to the sale of alcoholic beverages on Tribal Lands. Said 
review or audit may be done annually or as designated by the Executive 
Council through its agents or employees whenever, in the opinion of the 
Executive Council, such a review or audit is necessary to verify the 
accuracy of reports as defined in Section 4 of this Article.

Article XI--Profits

    Section 1. Disposition of Proceeds. The gross proceeds collected by 
the Executive Council from all licensing provided under this Liquor 
Ordinance, or the imposition of civil penalties for violating this 
Ordinance, or from the taxation of the sales of Alcoholic Beverages on 
Tribal Lands, shall be distributed as follows:
    a. For the payment of all necessary personnel, administrative 
costs, and legal fees for the administration and enforcement of this 
Liquor Ordinance and its activities.
    b. The remainder shall be turned over to the Liquor Trust Account 
of the Tribe.

Article XII--Severability and Miscellaneous

    Section 1. Severability. If any provision or application of this 
Liquor Ordinance is determined upon review by a court of competent 
jurisdiction to be invalid, such adjudication shall not be held to 
render ineffectual the remaining portions of this Ordinance or to 
render such provisions inapplicable to other persons or circumstances.
    Section 2. Prior Enactments. Any and all prior ordinances, 
resolutions or enactments of the Executive Council which are 
inconsistent with the provisions of this Liquor Ordinance are hereby 
repealed.
    Section 3. Conformance with Tribal, State and Federal Law. This 
Ordinance conforms to all Tribal law and governing documents such as 
the Constitution and By-Laws. All provisions and transactions under 
this Ordinance shall be in conformity with California State law 
regarding alcohol to the extent required by 18 U.S.C. 1161 and with all 
Federal laws regarding alcohol in Indian country.
    Section 4. Enforcement. All actions brought by the Executive 
Council to enforce the provisions of this Ordinance shall be filed in 
the Tribal Court of the Habematolel Pomo of Upper Lake. In the absence 
of a tribal court, said actions

[[Page 31385]]

shall be filed in Federal Court in the Northern District of California 
and be appealable in the Federal Court system. If the Federal Court 
should determine that it lacks jurisdiction over said action, it shall 
be filed in the California State Court in County of Lake with subject 
matter jurisdiction and venue over the action. The first court system 
to have jurisdiction over an enforcement action which may be brought in 
Tribal, Federal, or State Court, shall have exclusive jurisdiction over 
such actions.
    Section 5. Effective Date. This Ordinance becomes effective after 
the Secretary of the Interior certifies the Ordinance and publishes it 
in the Federal Register.

Article XIII--Amendment

    Section 1. Amendment or Repeal. This Ordinance may be amended or 
repealed by a majority vote of the Executive Council at a duly called 
meeting. Amendments of this Ordinance shall become effective after the 
Secretary of the Interior certifies and publishes the Amendments in the 
Federal Register.

Article XIV--Sovereign Immunity

    Section 1. Nothing contained in this Liquor Ordinance is intended 
to nor does in anyway limit, alter, restrict, or expressly or 
unequivocally waive the Tribe's sovereign immunity from un-consented 
suit or action.
[FR Doc. 2012-12843 Filed 5-24-12; 8:45 am]
BILLING CODE 4310-4J-P