[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Pages 29228-29230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13263]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[190A2100DD/AAKC001030/A0A501010.999900 253G]
Kickapoo Traditional Tribe of Texas Liquor Ordinance; Repeal and
Replace
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Kickapoo Traditional Tribe of Texas
Liquor Ordinance which repeals and replaces the Kickapoo Traditional
Tribe of Texas Beer and Liquor Tax Ordinance and any and all previous
statutes.
The Kickapoo Traditional Tribe of Texas Liquor Ordinance regulates
and controls the possession, sale, manufacture, and distribution of
liquor on the Kickapoo Traditional Tribe of Texas trust lands in
conformity with the Federal laws and of the State of Texas where
applicable and necessary. The enactment of this Ordinance will provide
and important source of tax revenue for the continued operation and
strengthening the Kickapoo Traditional Tribes of Texas government and
the delivery of Tribal government services and, the economic viability
of Tribal enterprises. Although, the Kickapoo Traditional Tribe of
Texas Liquor Ordinance was adopted on October 1, 2018, it does not
become effective until published in the Federal Register.
DATES: This ordinance shall take effect on July 22, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Sherry Lovin, Tribal Government
Officer, Southern Plains Regional Office, Bureau of Indian Affairs,
P.O. Box 368, Anadarko, Oklahoma 73005; telephone: (405) 247-1534 or
(405) 247-6673, fax: (405) 247-9240.
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. On October 1, 2018, the Kickapoo
Traditional Tribe of Texas Traditional Council duly adopted the
Kickapoo Traditional Tribe of Texas Liquor Ordinance by Resolution
2018-058, which will repeal, upon its effective date, the Kickapoo
Traditional Tribe of Texas Beer and Liquor Tax Ordinance, Resolution
No. 2011-892, which was published in the Federal Register on February
22, 2012 (77 FR 10547).
This notice is published in accordance with the delegated authority
by the Secretary of the Interior to the Assistant Secretary--Indian
Affairs. I certify that the Kickapoo Traditional Tribe of Texas
Traditional Council duly adopted the Kickapoo Traditional Tribe of
Texas Liquor Ordinance by Resolution No. 2018-058 on October 1, 2018.
Dated: May 17, 2019.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[[Page 29229]]
Kickapoo Traditional Tribe of Texas Liquor Ordinance
Table of Contents
Section 1--INTRODUCTION..................................... 4
Section 1.1--Authority.................................. 4
Section 1.2--Short Title................................ 4
Section 1.3--Definitions................................ 4
Section 1.4--Purpose.................................... 5
Section 1.5--Jurisdiction............................... 5
Section 1.6--Application of 18 U.S.C. Sec. 1161....... 5
Section 1.7--Declaration of Public Policy & Findings.... 5
Section 2--LIQUOR SALES, POSSESSION, AND MANUFACTURE........ 6
Section 2.1--Possession................................. 6
Section 2.2--Retail Sales............................... 6
Section 2.3--Manufacture................................ 7
Section 2.4--Age Limits................................. 7
Section 3--LICENSING........................................ 7
Section 3.1--Licensing.................................. 7
Section 4--ENFORCEMENT...................................... 7
Section 4.1--Enforcement................................ 7
Section 5--TAXATION......................................... 8
Section 5.1--Taxation................................... 8
Section 6--MISCELLANEOUS PROVISIONS......................... 9
Section 6.1--Sovereign Immunity Preserved............... 9
Section 6.2--Conformance with Applicable Laws........... 9
Section 6.3--Effective Date............................. 9
Section 6.4--Repeal of Prior Acts....................... 9
Section 6.5--Amendments................................. 9
Section 6.6--Severability and Savings Clause............ 10
Section 1--INTRODUCTION
Section 1.1--Authority
This ordinance is enacted pursuant to the Act of August 15, 1953, 67
Stat. 586, codified at 18 U.S.C. Sec. 1161, by the authority of the
Traditional Council enumerated in Article VII Sec. Sec. (g), (h), (j),
(k), and (n) of the Constitution of the Kickapoo Traditional Tribe of
Texas (``KTTT'') to enact legislation and regulate activities of
businesses operating on KTTT lands, and in conformity with applicable
Texas State laws and all attendant agreements.
Section 1.2--Short Title
This ordinance shall be known as the ``KTTT Liquor Ordinance.''
Section 1.3--Definitions
(A) Indian Country--The term ``Indian Country'' means the
definition provided in 18 U.S.C. Sec. 1151.
(B) Liquor--The term ``Liquor'' shall mean any alcoholic beverage
including but not limited to any malt, spirituous, or vinous liquor,
including beer, ale, and wine, or any ardent or other intoxicating
liquor of any kind whatsoever.
(C) KTTT--The term ``KTTT'' means the Kickapoo Traditional Tribe of
Texas.
(D) KTTT Lands--The term ``KTTT Lands'' means the Tribe's
reservation, trust lands, and all other lands as defined in 18 U.S.C.
Sec. 1151.
(E) State--The term ``State'' means the State of Texas.
(F) Traditional Council--The term ``Traditional Council'' means the
governing body of the Kickapoo Traditional Tribe of Texas, in
accordance with the provisions of the KTTT Constitution.
(G) Tribe--The term ``Tribe'' means the Kickapoo Traditional Tribe
of Texas.
Section 1.4--Purpose
The purpose of this ordinance is to regulate and control the
possession, sale, manufacture, and distribution of liquor within the
KTTT's reservation, trust lands, and all Indian Country as defined in
18 U.S.C. Sec. 1151, in order to permit liquor sales by tribally-owned
and operated enterprises and lessees and at other tribally-approved
special events. The enactment of the KTTT Liquor Ordinance will
increase the ability of the KTTT to control the manufacture,
distribution, sale, and possession of liquor on the Tribe's lands and
will provide an important source of tax revenue for the continued
operation and strengthening of the KTTT government, the delivery of
tribal governmental services, and the economic viability of tribal
enterprises.
Section 1.5--Jurisdiction
The KTTT Liquor Ordinance shall apply to all lands now or in the
future under the governmental authority of the KTTT, including the
Tribe's reservation, trust lands, and Indian Country as defined under
18 U.S.C. Sec. 1151.
Section 1.6--Application of 18 U.S.C. 1161
By adopting the KTTT Liquor Ordinance, the Tribe hereby regulates
the sale, manufacturing, distribution, possession, and consumption of
liquor while ensuring that such activity conforms with applicable laws
of the State of Texas as required by 18 U.S.C. Sec. 1161 and the
United States.
Section 1.7--Declaration of Public Policy & Findings
The Traditional Council enacts this KTTT Liquor Ordinance based on
the following findings:
(A) The manufacture, distribution, possession, sale, and
consumption of liquor within KTTT Lands are matters of special concern
to the Tribe and the Traditional Council.
(B) Federal law currently prohibits the introduction of liquor into
or the manufacture of liquor in Indian Country, except as provided in
18 U.S.C. Sec. 1161, except in accordance with State law and the duly
enacted law of the Tribe.
(C) The KTTT believes that it should regulate and control liquor
transactions within its lands because of the many potential problems
associated with the unregulated or inadequately regulated manufacture,
distribution, sale, possession, and consumption of liquor. The
Traditional Council finds that tribal control and regulation of liquor
is necessary to protect the health and welfare of KTTT tribal citizens,
to address specific concerns relating to liquor use, and to achieve
maximum economic benefit to the Tribe.
(D) It is in the best interests of the Tribe to enact this KTTT
Liquor
[[Page 29230]]
Ordinance to govern liquor transactions on its lands.
Section 2--LIQUOR SALES, POSSESSION, AND MANUFACTURE
Section 2.1--Possession
The introduction and possession of liquor shall be lawful within
KTTT Lands, provided that such introduction or possession is in
conformity with the laws of the Tribe and the applicable laws of the
State.
Section 2.2--Retail Sales
The sale of liquor shall be lawful within KTTT Lands, provided that
such sales are in conformity with the laws of the Tribe and the
applicable laws of the State.
Section 2.3--Manufacture
The manufacture of liquor shall be lawful within KTTT Lands,
provided that such manufacture is in conformity with the laws of the
Tribe and the applicable laws of the State.
Section 2.4--Age Limits
The legal age for possession or consumption of liquor within KTTT
Lands shall be the same as that of the State, which is currently 21
years. No person under the age of 21 years of age shall purchase,
possess, or consume any liquor.
Section 3--LICENSING
Section 3.1--Licensing
The Traditional Council shall have the power to establish
procedures and standards for tribal licensing of liquor manufacture,
distribution, and sale within KTTT Lands, including setting of a
license fee schedule, and shall have the power to publish and enforce
such standards. For license applicants that are not tribally-owned, no
tribal license shall be issued except upon showing of satisfactory
proof that the applicant is duly licensed by the State. The fact that
an applicant for a tribal license possesses a license issued by the
State shall not provide the applicant with an entitlement or
expectation to a tribal license.
Section 4--ENFORCEMENT
Section 4.1--Enforcement
(A) The Traditional Council shall have the power to develop, enact,
promulgate, and enforce regulations as necessary for the enforcement of
the KTTT Liquor Ordinance and to protect the public health, welfare,
and safety of the Tribe, provided that all such regulations conform to
and do not conflict with any applicable KTTT, Federal, or State law.
Regulations enacted pursuant to the KTTT Liquor Ordinance may include
provisions for suspension or revocation of KTTT liquor licenses,
reasonable search and seizure provisions, and civil and criminal
penalties for violations of the KTTT Liquor Ordinance to the full
extent permitted by Federal law and consistent with due process.
(B) KTTT law enforcement personnel, and security personnel duly
authorized by the Traditional Council, shall have the authority to
enforce the KTTT Liquor Ordinance by confiscating any liquor sold,
possessed, distributed, manufactured, or introduced within KTTT Lands
in violation of the KTTT Liquor Ordinance or of any regulations duly
adopted pursuant to the KTTT Liquor Ordinance.
(C) The Tribal Council shall have the exclusive jurisdiction to
hold hearings on violations of the KTTT Liquor Ordinance and any
procedures or regulations adopted pursuant to the KTTT Liquor
Ordinance; to promulgate appropriate procedures governing such
hearings; to determine and enforce penalties or damages for violations
of the KTTT Liquor Ordinance; and to delegate to a subordinate hearing
officer or panel or to the KTTT Tribal Court the authority to take any
or all of the foregoing actions on its behalf.
Section 5--TAXATION
Section 5.1--Taxation
The KTTT retains the sovereign authority to tax liquor within KTTT
Lands by appropriate statute. Nothing contained in in the KTTT Liquor
Ordinance is intended to, nor does it in any way, limit or restrict the
Tribe's ability to impose any tax upon the sale or consumption of
liquor.
Section 6--MISCELLANEOUS PROVISIONS
Section 6.1--Sovereign Immunity Preserved
Nothing contained in the KTTT Liquor Ordinance is intended to, nor
does in any way, limit, alter, restrict, or waive the sovereign
immunity of the KTTT or any of its agencies, agents, or officials from
uncontested suit or action of any kind.
Section 6.2--Conformance with Applicable Laws
All acts and transactions under the KTTT Liquor Ordinance shall be
in conformity with the laws of the Tribe and the laws of the State to
the extent required by 18 U.S.C. Sec. 1161 and with all Federal laws
regarding liquor in Indian Country.
Section 6.3--Effective Date
The KTTT Liquor Ordinance shall be effective as of the date on
which the Secretary of the Interior certifies it and publishes the same
in the Federal Register.
Section 6.4--Repeal of Prior Acts
All prior enactments of the Traditional Council, including tribal
resolutions, policies, regulations, or statues pertaining to the
subject matter set forth in the KTTT Liquor Ordinance are hereby
rescinded. Specifically, the KTTT Beer and Liquor Tax Ordinance,
Resolution No. 2011-982 (Mar. 30, 2011) approved by the Secretary of
the Interior on February 9, 2012 (77 Fed. Reg. 10548) is repealed.
Section 6.5--Amendments
The KTTT Liquor Ordinance may only be amended pursuant to an
amendment duly enacted by the Traditional Council and certification by
the Secretary of the Interior and publication in the Federal Register,
if required.
Section 6.6--Severability and Savings Clause
If any part or provision of the KTTT Liquor Ordinance is held
invalid, void, or unenforceable by a court of competent jurisdiction,
such adjudication shall not be held to render such provisions
inapplicable to other persons or circumstances. Further, the remainder
of the KTTT Liquor Ordinance shall not be affected and shall continue
to remain in full force and effect.
[FR Doc. 2019-13263 Filed 6-20-19; 8:45 am]
BILLING CODE 4337-15-P