[Federal Register Volume 87, Number 70 (Tuesday, April 12, 2022)]
[Notices]
[Pages 21664-21667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07755]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[223A2100DD/AAKC001030/A0A501010.999900]


Confederated Tribes of the Colville Reservation; Amendments to 
Colville Packaged Spirits Regulation (Ordinance)

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes amendments to the Confederated Tribes of 
the Colville Reservation's Chapter 6-2 Packaged Spirits Regulation 
(Liquor Ordinance). This Regulation amends and supersedes the existing 
Confederated Tribes of the Colville Reservation's Title 21 Colville 
Tribal Code--Colville Liquor Control Code enacted by the Colville 
Business Council in 1983.

DATES: This ordinance shall become effective May 12, 2022.

FOR FURTHER INFORMATION CONTACT: Mr. Greg Norton, Tribal Government 
Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911 
Northeast 11th Avenue, Portland, Oregon 97232, Telephone: (503) 231-
6702, Fax: (503) 231-2201.

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 control ordinances for the purpose of regulating 
liquor transactions in Indian country. On September 1, 2019, the 
Colville Business Council duly adopted the Confederated Tribes of the 
Colville Reservation's Chapter 6-2 Packaged Spirits Regulation (Liquor 
Ordinance), replacing the existing Confederated Tribes of the Colville 
Reservation's Title 21 Colville Tribal Code--Colville Liquor Control 
Code by enactment of Resolution 2019-542. On October 10th, 2019, the 
Colville Business Council duly adopted additional amendments by 
enactment of Resolution 2019-651. On February 8, 2022, the Colville 
Business Council duly adopted final amendments by enactment of 
Resolution 2022-75. This Federal Register Notice comprehensively amends 
and supersedes the existing Confederated Tribes of the Colville 
Reservation's Title 21 Colville Tribal Code--Colville Liquor Control 
Code enacted by the Colville Business Council, which was published in 
the Federal Register on June 30, 1983 (48 FR 30189).
    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 Colville Business Council of the 
Confederated Tribes of the Colville Reservation duly adopted these 
amendments to the Community's Title 14--Alcoholic Beverages Ordinance 
on September 1, 2019, and October 10, 2019, and February 8, 2022.

Wizipan Garriott,
Principal Deputy Assistant Secretary--Indian Affairs, Exercising by 
delegation the authority of the Assistant Secretary--Indian Affairs.

Chapter 6-2 Packaged Spirits Regulation

6-2-1 Name

    This Chapter shall be known as the Colville Packaged Spirits 
Regulation Chapter, and shall replace Title 21 of the Colville Tribal 
Code, ``Liquor Control Code''.

6-2-2 Constitutional Authority

    The Colville Business Council, under Article V of the Constitution 
of the Confederated Tribes of the Colville Indian Reservation, and the 
Colville Tribal Code (CTC) possesses the authority to adopt this 
Chapter.

6-2-3 Findings

    (a) The introduction, possession, and sale of liquor on Indian 
reservations has been clearly recognized as a matter of special concern 
to Indian tribes and to the United States for more than 150 years. 
United States v. Sandoval, 231 U.S. 28 (1913); 18 U.S.C. 1161; 18 
U.S.C. 1154.
    (b) In 1953 the Business Council of the Colville Confederated 
Tribes acting under its inherent powers as the government of the 
Colville Indian Reservation and under powers delegated to it by the 
United States adopted a resolution permitting the sale and possession 
of alcoholic beverages within the boundaries of the reservation, 
subject to the laws of the State of Washington.
    (c) Under present conditions the Business Council of the Colville 
Confederated Tribes finds it necessary to more closely control the 
sale, distribution, and possession of alcoholic beverages within the 
boundaries of the Colville Indian Reservation. The sale, distribution, 
and possession of such beverages has become a major or sole portion of 
the trade of many businesses which have been established on the 
Colville Indian Reservation affecting the people of the reservation and 
the schools, churches, and other agencies of social betterment which 
have been established on the reservation.
    (d) Federal policy has supported the Tribes' long term goal of 
self-governance and self-determination. Given that policy, and in light 
of the Tribes' unique geographical challenges and its experience 
regulating other highly regulated areas, such as gambling and cigarette 
sales, the Tribes is well suited to effectively regulate and enforce 
liquor laws in its Indian Country, in collaboration with the Washington 
State Liquor Cannabis Board (WSLCB), consistent with 18 U.S.C. 1161.
    (e) The Business Council finds that the present system of 
regulation by adoption of State law has been found to be inadequate to 
the needs of the members of the Colville Confederated Tribes and the 
residents of the Colville Indian Reservation, and has failed to provide 
sufficient prevention, treatment, and ancillary services to treat 
alcohol abuse on the Reservation and to address its negative impacts on 
those who abuse alcohol as well as their families and children.
    (f) The Business Council finds that Tribal regulation of the 
introduction, sale, distribution, and possession of packaged spirits on 
the reservation is necessary to protect the health, security, and 
welfare of all persons and property on the reservation.
    (g) The Colville Business Council finds that alcohol related 
criminal and family problems are the single greatest cause of social 
conflict among the people of the Colville Indian Reservation.
    (h) The Business Council further finds it necessary to raise 
additional revenues for the prevention and treatment of alcohol abuse 
and Tribal Law Enforcement agencies and to provide for their expansion 
and increased efficiency.
    (i) A Memorandum of Agreement (MOA) with the State of Washington 
governing packaged liquor sales and distribution on the reservation 
will increase the ability of the tribal government to control the 
reservation liquor distribution, sale, and possession, and at the same 
time will provide an important source of revenue for the

[[Page 21665]]

continued operation of governmental services to the residents of the 
reservation.
    (j) The Business Council further finds that taxation of packaged 
spirits sold to non-Indian purchasers by licensed Tribal Enterprises in 
the Tribes' Indian Country is a matter separate from liquor licensure 
and shall be governed by a duly-executed MOA between the Tribes and the 
State Department of Revenue (DOR).
    (k) For these reasons, the Business Council finds it necessary to 
enact this Chapter establishing a Tribal Liquor Administrator and 
regulating the introduction, sale, taxation, distribution, and 
possession of packaged spirits on the Colville Indian Reservation.

6-2-4 Introduction, Sale, Distribution, and Possession of Packaged 
Spirits

    The introduction, sale, distribution, and possession of liquor 
shall be lawful within the Indian country under the jurisdiction of the 
Confederated Tribes of the Colville Indian Reservation and within the 
exterior boundaries of the Colville Indian Reservation only when such 
activities are in conformity with this Chapter. Such introduction, 
sale, distribution, and possession shall be in conformity with the laws 
of the State of Washington when required by 18 U.S.C. 1161, enacted 
August 15, 1953, and as provided in this Chapter.

6-2-5 Conformity With Federal Laws

    This Chapter shall govern the introduction, sale, distribution, and 
possession of packaged spirits within the Colville Indian Reservation 
pursuant to federal law; Resolution 1953-50 passed on October 9, 1953, 
by the Colville Business Council and published in the Federal Register, 
Volume 18, No. 230, on November 25, 1953, and shall supersede and amend 
all prior enactments of the Business Council inconsistent with this 
Chapter.

6-2-6 Conflict With Prior Resolutions

    This Chapter shall supersede and amend all Resolutions of the 
Business Council inconsistent with this Chapter.

6-2-7 Definitions

    (a) ``Administrator'' or ``Liquor Administrator'' means the Tribal 
Liquor Administrator of the Packaged Spirits Code in the Accounting 
Department of the Colville Tribes.
    (b) ``Distribute'' means to deliver or sell liquor products prior 
to retail sale.
    (c) ``Employee'' means any person employed by the Liquor 
Administrator.
    (d) ``Enforcement officer'' means the administrator or any other 
enforcement personnel authorized to administer or enforce this Chapter.
    (e) ``Indian Country'' consistent with the definition in 18 U.S.C. 
1151, means:
    (1) All land within the exterior boundaries of the Colville 
Reservation, notwithstanding the issuance of any patent, and, including 
rights-of-way running through the reservation; and
    (2) all Indian allotments or other lands held in trust for a 
Colville tribal member or the Colville Tribes, or otherwise subject to 
a restriction against alienation imposed by the United States, the 
Indian titles to which have not been extinguished, including rights-of-
way running through the same, wherever located.
    (f) ``Liquor'' means the four varieties of liquor (alcohol, 
spirits, wine, and beer) and all fermented, spirituous, vinous, or malt 
liquor, or combinations thereof, and mixed liquor, a part of which is 
fermented, spirituous, vinous or malt liquor, or otherwise 
intoxicating; and every liquor or solid or semi-solid 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, semi-solid, solid, or 
other substance, which contains more than one percent of alcohol by 
weight shall be conclusively deemed to be intoxicating.
    (g) ``Liquor Account'' means the account established by the Liquor 
Administrator for the collection of fees and taxes on the sale of 
packaged spirits on the Colville Reservation or in the Tribes' Indian 
country pursuant to the approved Memorandum of agreement.
    (h) ``Liquor Tax Compact'' means any packaged spirits tax compact 
the Tribes may enter into pursuant to applicable law.
    (i) ``Memorandum of Agreement'' means the approved Agreement 
entered into between the Colville Tribes and the Washington state 
Liquor Cannabis Board concerning the authorization of liquor sales on 
the Colville Reservation.
    (j) ``Package'' means any container or receptacle used for holding 
liquor.
    (k) ``Packaged Spirits'' means spirits sold to the consumer in an 
unopened container for consumption off the premises of the seller.
    (l) ``Public place'' means streets and alleys of incorporated 
cities and towns; state, county, township or tribal highways or roads; 
buildings and grounds used for school purposes; rodeo grounds; parks; 
tribal ceremonial grounds; public dance halls and grounds adjacent 
thereto; those parts of establishments where beer may be sold under 
this Chapter, soft drink establishments, public buildings, public 
meeting halls, lobbies, halls and dining rooms of hotels, restaurants, 
theatres, stores, garages and filling stations which are open to and 
are generally used by the public and to which the public is permitted 
to have unrestricted access; railroad trains, stages, and other public 
conveyances of all kinds and character, and the depots and waiting 
rooms used in conjunction therewith which are open to unrestricted use 
and access by the public; publicly-owned bathing beaches, parks or 
playgrounds; 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.
    (m) ``Regulations'' means regulations made by the Administrator 
under the power conferred by this Chapter.
    (n) ``Reservation'' means the Colville Indian Reservation, 
including all land and waters within the exterior boundaries thereof, 
and off-Reservation lands held in trust for the Tribes or individual 
Indians.
    (o) ``Sale'' and ``Sell'' means exchange, barter, and traffic; and 
also include the selling or supplying or distributing, by any means 
whatsoever, of packaged spirits.
    (p) ``Spirits'' means any beverage which contains alcohol obtained 
by distillation, including wines exceeding seventeen (17%) percent of 
alcohol by weight.
    (u) ``Tribal Court'' means the Tribal Court of the Colville Tribes.
    (v) ``Tribes'' means the Confederated Tribes of the Colville Indian 
Reservation, Washington.

6-2-8 Sale of Liquor

    (a) Minimum Age of 21: Except as otherwise provided by tribal or 
state law, an employee in a licensed outlet or tavern may sell liquor 
to any person twenty-one (21) years of age or older for beverage 
purposes. Violation of this section is a Class B offense pursuant to 
section 3-1-94 of this Code.
    (b) Proof of Minimum Age: Where there may be a question of a 
person's right to purchase liquor by reason of his age, such person 
shall be required to present any one of the following officially issued 
cards of identification which shows his correct age, bears his 
signature, and bears his or her photograph:
    (1) Colville Tribal identification card;
    (2) Washington State Tribal Enrollment Card (no expiration date 
required), or other approved Tribal enrollment identification cards;
    (3) ``Identicard'' issued by the Washington State Department of 
Licensing, or a valid Washington State Temporary Driver's License;

[[Page 21666]]

    (4) Driver's License, Instruction Permit, or I.D. Card issued by an 
U.S. State, U.S. Territory and District of Columbia;
    (5) Driver's License, Instruction permit, or I.D. Card issued by 
any Canadian Province;
    (6) Official Passport, passport card, or NEXUS card;
    (7) U.S. Armed Forces I.D. Card (Encrypted signature acceptable);
    (8) Merchant Marine I.D. Card issued by the U.S. Coast Guard.
    (c) Regulation Regarding Identification: The Liquor Administrator 
may adopt such regulations as it deems proper covering the acceptance 
of such identification cards.
    (d) Sealed Packages May Be Required--Exception: The Liquor 
Administrator shall by regulation prescribe that any/all liquors other 
than malt liquor be delivered to any purchaser at a tribally licensed 
outlet only in a packaged sealed with the official tax stamp.
    (e) Consumption on Premises: No employee in a licensed liquor 
outlet shall open or consume, or allow to be opened or consumed any 
liquor on the store premises.
    (f) Record of Purchases: All records whatsoever of the 
Administrator showing purchases of packaged spirits shall be deemed 
confidential, and may only be disclosed as required pursuant to the 
approved Memorandum of Agreement with the State of Washington.
    (g) Intoxicated Persons: No tribally licensed outlet or tavern 
shall sell liquor to any buyer when, from the physical appearance of 
the buyer at the time of the sale, it could be reasonably believed or 
understood that the buyer was intoxicated. Any owner of a liquor outlet 
or tavern found to have made a sale to a buyer by the Colville Tribal 
Court, shall be, in any action for civil damages against the buyer and 
owner, jointly and severally liable in damages for any injury for which 
the buyer is found liable, and which injury occurs within eight (8) 
hours after the sale by the outlet or tavern to the buyer.

6-2-9 Colville Tribal Liquor Administrator

    (a) Regulation by Administrator: For the purpose of carrying into 
effect the provisions of this Chapter according to their true intent or 
of supplying any deficiency therein, the Administrator may make such 
regulations and issue such orders not inconsistent with the spirit of 
this Chapter as are deemed necessary or advisable. All such regulations 
and orders shall have the same force and effect as if incorporated in 
this Chapter. Without limiting the generality of the foregoing 
provisions it is declared that the power of the Administrator to make 
regulations and issue orders shall include the power to:
    (1) Regulate the equipment, management, and nature of books and 
records and reports concerning stores and warehouses in which packaged 
spirits are sold or kept;
    (2) Prescribe the hours during which liquor stores shall be open;
    (3) Prescribe forms to be used for purposes of this Chapter or 
regulations;
    (4) Prescribe the manner of giving and serving notices required by 
this Chapter or regulations, where not otherwise provided for in this 
Chapter;
    (5) Prescribe the manner and regulation of collection of the share 
of licensing fees owed by each location selling packaged spirits 
pursuant to a license issued under the Memorandum of Agreement;
    (6) Determine the localities within the Reservation where liquor 
stores or outlets shall be established and the number and situation of 
such stores within each locality pursuant to the approved Memorandum of 
Agreement;
    (7) Execute or cause to be executed all contracts, papers, and 
documents in the name of the Administrator under such regulations as 
may apply.
    (b) Immunity from Personal Liability: Neither the Liquor 
Administrator nor any employee thereof shall be personally liable in 
any action at law for damages sustained by any person because of any 
action performed or done or omitted to be done by the Liquor 
Administrator or any employee of the Liquor Administrator in the 
performance of his or her duties and the administration of this 
Chapter.
    (c) Preemption of Field by Tribes: No municipality, city, town, or 
county, nor the State of Washington shall have power to impose an 
excise or any other tax upon packaged spirits as defined in this 
Chapter, or to govern or license the sale or distribution thereof in 
any manner within the Colville Indian Reservation, except as permitted 
in the regulations of the Liquor Administrator and/or pursuant to the 
Memorandum of Agreement.
    (d) Inspection of Records: For the purpose of obtaining information 
concerning any matter related to the administration or enforcement of 
this Chapter, the Liquor Administrator, or any person appointed by it 
in writing for the purpose, may inspect the books and records of any 
licensed seller of packaged spirits doing business on the Reservation. 
Every person who neglects or refuses to produce or submit for 
inspection any records referred to in this section when requested to do 
so by the Liquor Administrator or a person appointed by it, shall be 
guilty of a violation of this Chapter.

6-2-10 Packaged Spirits Account

    (a) Creation of Account: There shall be a ``Packaged Spirits 
Account'' which shall hold all taxes, fees, penalties, forfeitures, and 
all other monies, income or revenue received under this Chapter by the 
Liquor Administrator.
    (b) Custodian of Liquor Account: The Liquor Administrator shall be 
custodian of the Liquor Account.
    (c) Disbursements: Disbursements from the fund shall be on 
authorization of the Colville Business Council at the request of the 
Liquor Administrator, and may be made only for tribal programs or 
projects related to the prevention or treatment of alcohol abuse, 
including ancillary services for families and children affected by a 
family member's alcohol abuse.
    (d) Use of Revenue: All revenue derived from the sale of packaged 
spirits shall be used in accordance with this section. All revenue 
shall be specially earmarked and used only for the following purposes:
    (1) The prevention and treatment of alcohol abuse and related 
programs; and
    (2) Tribal Colville Law Enforcement agencies to provide for their 
expansion and increased efficiency.

6-2-11 Pharmaceutical Preparations, Patent Medicines, Denatured Alcohol

    Nothing in this Chapter shall apply to or prevent sale, purchase or 
consumption of:
    (a) Any pharmaceutical preparation containing liquor which is 
prepared by a druggist according to a formula of the pharmacopeia of 
the United States, or the dispensatory of the United States; or
    (b) Any proprietary or patent medicine; or
    (c) Wood alcohol or denatured alcohol, except in the case of the 
sale, purchase, or consumption of wood alcohol or denatured alcohol for 
beverage purposes, either alone or combined with any other liquid or 
substance.

6-2-12 Distribution of Packaged Spirits on the Colville Indian 
Reservation

    (a) All persons, businesses, or entities of any sort distributing 
packaged spirits to businesses or persons within the boundaries of the 
Colville Indian Reservation or Reservation lands held in trust for the 
Tribes or individual Indians are subject to the provisions of this 
Chapter and other applicable law or

[[Page 21667]]

approved Memoranda of Agreement as required.
    (b) Any person or entity which does distribute packaged spirits to 
any person or business located within the boundaries of the Colville 
Indian Reservation at a time when such person or entity is not validly 
licensed to do business shall be in violation of this Chapter and in 
violation of the Memorandum of Agreement and/or other applicable law.
    (c) Persons or entities holding licenses for the sale of packaged 
spirits under this section shall be required to subject themselves in 
writing to the civil jurisdiction of the Colville Confederated Tribes 
and its Tribal Court for the purposes of this Chapter.

6-2-13 Taxes and Fees

    (a) A tax amounting to precisely the same amount of tax collected 
by the State of Washington on the same or similar packaged spirits item 
shall be assessed pursuant to the provisions of an approved Memorandum 
of Agreement or fully executed Liquor Compact or with the State of 
Washington.
    (b) Taxes collected by the Liquor Administrator shall be held in 
the Liquor Account.

6-2-14 Sovereign Immunity Preserved

    Nothing in this Chapter is intended or shall be construed as a 
waiver of the sovereign immunity of the Confederated Tribes of the 
Colville Reservation. The Administrator, its staff, any manager or 
employee of the Tribes, or Tribal Enterprises is specifically 
prohibited from attempting to waive the inherent sovereign immunity of 
the Colville Confederated Tribes without the express written consent of 
the Colville Confederated Tribes.

6-2-15 Other Business

    A licensee under this Chapter may conduct other business 
simultaneously with the management of a liquor products outlet, subject 
to applicable laws and regulations. The other business may be conducted 
on the same premises.

6-2-16 Operating Without a License

    No person shall operate a liquor product outlet or tavern within 
the boundaries of the Colville Indian Reservation without first 
obtaining a current and valid license; persons in violation of this 
section shall be considered to be in violation of all federal Indian 
liquor laws and regulations as well as in violation of this Chapter.

6-2-17 Violations

    (a) Pursuant to the provisions of the Memorandum of Agreement 
regarding enforcement, the Administrator of the Colville Confederated 
Tribes shall have the authority to enforce this Chapter.
    (1) Such enforcement must conform with Chapter 1-5 Colville Tribal 
Civil Rights Act.
    (2) Such enforcement must conform with Chapter 2-1 Criminal 
Actions, Chapter 2-2 Civil Actions, and Chapter 2-3 Infractions; Field 
Bonds; Other Civil Offenses and Forfeitures.
    (b) Non-payment of Taxes:
    (1) Any person or entity within or doing business within the 
boundaries of the Colville Indian Reservation who does not pay the 
taxes required to be paid under this Chapter shall be proceeded against 
in the Tribal Court of the Colville Confederated Tribes.
    (2) The Tribal Court of the Colville Confederated Tribes is 
empowered to seize, attach, and forfeit to the Colville Confederated 
Tribes any property belonging to any person found by the Tribal Court 
to have failed to pay applicable fees and taxes due and owing under 
this Chapter; provided that the amount of property forfeited shall not 
be of a wholesale value greater than the amount of applicable fees or 
taxes alleged or found to be due and owing.
    (3) Persons sued under this Section by the Administrator shall be 
entitled to a full evidentiary and adversarial hearing before the 
Tribal Court of the Colville Confederated Tribes, in accordance with 
Chapter 1-1, Chapter 1-2, Chapter 2-1 (if applicable), Chapter 2-2 (if 
applicable), and Chapter 2-3 (if applicable) of the Colville Tribal 
Code, before any order or forfeiture may be issued. Persons sued under 
this Section shall have the burden of proving that they do not owe any 
fees or taxes or that they have been assessed a greater amount of fees 
or taxes than they lawfully owe under this Chapter.
    (c) Other Violations: The Administrator shall bring all persons or 
entities suspected to have violated any provision of this Chapter, 
except non-payment of fees or taxes due, to the attention of 
appropriate tribal or state law enforcement officials. With regard to 
Colville Tribal members alleged to have violated a provision or 
provisions of this Chapter other than non-payment of fees or taxes, the 
Tribal Court of the Colville Confederated Tribes shall have 
jurisdiction over the matter.
    (d) Violation of this Chapter may result in the loss of an entities 
liquor license, or prohibition of the individual/entity from obtaining 
a license in the future. The Administrator is empowered to revoke the 
liquor license of any entity who is in violation of this Chapter so 
long as due process is afforded to the individual/entity pursuant to 
Chapter 1-5 of this Code.

6-2-18 Other Agreements

    Notwithstanding anything to the contrary, if the Colville Tribes 
enters into a liquor compact with the State of Washington, relating to 
alcohol wholesaling, distribution, or retail sales which are not 
subject to an existing tribal-state Memorandum of Agreement or compact, 
the Tribal Code will control over conflicting provisions.

6-2-19 Effective Date

    This Chapter shall take effect 30 days after approval by the 
Secretary and publication in the Federal Register.

6-2-20 Severability

    If one or more provisions of this Chapter is/are deemed invalid by 
a court of competent jurisdiction, the remainder of this Chapter will 
remain in full force and effect.

[FR Doc. 2022-07755 Filed 4-11-22; 8:45 am]
BILLING CODE 4337-15-P