[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Pages 39448-39450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12920]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[234A2100DD/AAKC001030/A0A501010.999900]


Lower Elwha Tribal Community; Liquor Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Lower Elwha Tribal Community Liquor 
Ordinance. This Ordinance certifies the Tribe's liquor licensing laws 
to regulate and control possession, sale, and consumption of liquor 
within the jurisdiction of the Tribe's reservation in conformity with 
the laws of the State of Washington for the purposes of generating 
Tribal revenues. Enactment of this statute will help provide a source 
of revenue to strengthen Tribal government, provide for economic 
viability of Tribal enterprises, and improve delivery of Tribal 
government services.

DATES: This ordinance shall become effective June 16, 2023.

FOR FURTHER INFORMATION CONTACT: Sharon Jackson, Tribal Government 
Services, Bureau of Indian Affairs, 911 Northeast 11th Avenue, 
Portland, OR 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

[[Page 39449]]

ordinances for the purpose of regulating liquor transactions in Indian 
country.
    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 Lower Elwha Tribal Community adopted 
Resolution Number: 04-23 (Liquor Ordinance) on January 09, 2023, as 
amended by Resolution Number 41-23 (Revised Liquor Ordinance) on April 
03, 2023.

Bryan Newland,
Assistant Secretary-Indian Affairs.

    The Lower Elwha Tribal Community--Alcoholic Beverages Ordinance 
shall read as follows:

1. General Purpose

    The Lower Elwha Tribal Community, also known as the Lower Elwha 
Klallam Tribe (the ``Tribe'') has a paramount interest in protecting 
the health, safety, and general welfare of its members, residents, and 
persons doing business within or visiting the Tribe's territorial 
jurisdiction, and in promoting the orderly economic development of the 
tribal community. The purpose of this Ordinance is to exercise the 
Tribe's sovereign and delegated authority to regulate the sale, 
distribution, and taxation of liquor within the Tribe's territorial 
jurisdiction.

2. Authority

    This Statute is enacted pursuant to the Act of August 15, 1953 
(Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161) and by powers vested in 
the Tribal Business Committee of the Lower Elwha Tribal Community to 
develop, adopt and enforce statutes as authorized under Article IV, 
Section 1 of the Constitution of the Lower Elwha Tribal Community, 
adopted April 6, 1968, as subsequently amended.

3. Scope

    3.1. This Ordinance applies to the full extent of the sovereign 
jurisdiction of the Tribe and any and all jurisdictional authority 
delegated by the United States under 18 U.S.C. 1161 and other laws. The 
Tribe has inherent authority under its Constitution to protect the 
public health and safety and to regulate the conduct of business within 
its territorial jurisdiction; specifically, Article IV, Section 1(b) of 
the Tribe's Constitution authorizes the Tribe to regulate the use of 
community property, and Article IV, Section 1(f) thereof authorizes the 
Tribe to enact ordinances to levy and collect taxes and to otherwise 
regulate the conduct of business activities within the Tribe's 
territorial jurisdiction.
    3.2. Compliance with this Ordinance is a condition of any entry 
upon or use of any land or premises within the Tribe's territorial 
jurisdiction.
    3.3 Any person who resides, conducts business, engages in a 
business transaction, patronizes a business operated by the Tribe, 
receives benefits from the Tribe, acts under Tribal authority, or 
enters the Tribe's territorial jurisdiction has consented to the 
following:
    3.3.1. To be bound by the terms of this Ordinance;
    3.3.2. To the exclusive authority of the Tribe for purposes of 
administering and enforcing this Ordinance and to the exclusive 
jurisdiction of the Lower Elwha Tribal Court for legal actions arising 
under this Ordinance; and
    3.3.3. To detainment, service of summons and process, and search 
and seizure in conjunction with legal actions arising pursuant to this 
Ordinance.
    3.4. This Ordinance is intended to be in addition to, supplementary 
to, and consistent with Federal law, and will not be construed as 
contrary to Federal law, or as inconsistent with any law of the State 
of Washington relative to the sale of liquor within the Tribe's 
territorial jurisdiction that has been made applicable by Federal law.

4. Repeal of Prior Liquor Control Laws

    4.1. Any previously enacted ordinances and resolutions of the Tribe 
regulating, authorizing, prohibiting, or in any way dealing with the 
sale of liquor are hereby repealed and declared to be of no further 
force and effect, with the exception of the provisions of the Elwha 
Justice Code Section 9.12, Drug and Alcohol Violations.
    4.2. The provisions of this Ordinance are prospective only from the 
date of its enactment. This Ordinance does not affect any valid license 
or permit held by a Tribal liquor retailer that may have been 
previously issued by the State of Washington, nor does it preclude the 
Tribe from replacing any such license or permit in accordance with a 
Tribal-State Liquor Compact or Agreement.

5. Definitions

    As used in this Ordinance, the following definitions apply:
    5.1. ``Community Council'' means the Lower Elwha Tribal Community 
Council, as defined in Article III, Section 1 of the Tribe's 
Constitution, as amended.
    5.2. ``Business Committee'' means the Lower Elwha Tribal Business 
Committee, as defined in Article III, Section 2 of the Tribe's 
Constitution, as amended.
    5.3. ``Territorial jurisdiction,'' consistent with the definition 
of ``Indian country'' in 18 U.S.C. 1151(a) and (c), means:
    5.3.1. All land within the limits of the Lower Elwha Indian 
Reservation, notwithstanding the issuance of any patent, and, including 
rights of way running through the Reservation; and
    5.3.2. All other lands held by the United States in trust for the 
benefit of the Tribe, including rights of way running through the same.
    5.4. ``Liquor'' has the same meaning as in the Revised Code of 
Washington, RCW 66.04.010 (1), (3), (25), (26) and (43), as of the 
effective date of this Ordinance.
    5.5. ``Sale'' and ``sell'' has the same meaning as in the Revised 
Code of Washington in RCW 66.04010 (39), as of the effective date of 
this Ordinance.
    5.6. ``Tribal liquor retailer'' means a liquor retailer wholly 
owned and controlled by the Lower Elwha Klallam Tribe and located 
within the Tribe's territorial jurisdiction.
    5.7. ``Liquor distributor'' means a State-licensed entity located 
outside the Tribe's territorial jurisdiction that sells liquor to a 
Tribal liquor retailer for resale within the Tribe's territorial 
jurisdiction.

6. Liquor Sales by Tribal Liquor Retailers Only

    6.1. Only Tribal liquor retailers may obtain a license under this 
Ordinance to sell liquor within the Tribe's territorial jurisdiction.
    6.2. A Tribal liquor retailer must obtain authorization under this 
Ordinance by applying in writing to the Business Committee for a 
license to sell liquor at a specific location within the Tribe's 
territorial jurisdiction. The Business Committee, in its sole 
discretion, will determine whether to grant a license. Each license 
granted will specify what liquor products are authorized to be sold 
pursuant to the license as well as all other terms, which must be set 
forth in writing and approved by Resolution of the Business Committee.
    6.3. All Tribal liquor retailers must comply with all provisions of 
this Ordinance, with all applicable provisions of any license issued 
hereunder, and with any rules and regulations promulgated hereunder by 
the Business Committee.
    6.4. A tribal liquor retailer, or the Tribe on behalf of such 
retailer, must also obtain authorization from the State of Washington, 
or a certification from the State that no such authorization is 
required, before it may commence

[[Page 39450]]

selling liquor within the Tribe's territorial jurisdiction.
    6.5. Liquor distributors located outside the Tribe's territorial 
jurisdiction that are duly licensed by the State of Washington are not 
required to obtain a license under this Ordinance in order to 
distribute liquor to any Tribal liquor retailer authorized under this 
Ordinance.

7. Tribal Liquor Tax

    7.1. The Tribal Taxing Authority, vested in the office of the Chief 
Financial Officer, has the authority and responsibility to collect, 
audit, and issue fees, licenses, taxes, and permits in accordance with 
this Ordinance.
    7.2. In consultation with the Office of Tribal Attorney, the Tribal 
Taxing Authority may propose a Tribal liquor tax on all sales of liquor 
within the Tribe's territorial jurisdiction, and any rules and 
regulations governing matters under Section 6.1 above. All such 
proposed taxes, fees, and regulations must be approved by written 
resolution of the Business Committee.
    7.3. Any Tribal liquor tax must be remitted to the Tribe on a 
quarterly basis.
    7.4. The Tribe will use its liquor tax revenue for essential tribal 
government functions and services.

8. Prohibitions and Enforcement; License Revocation

    8.1. The purchase, sale, and dealing in liquor within Tribe's 
territorial jurisdiction by any Tribal liquor retailer, or any other 
person, party, firm, corporation, or entity, except as provided in this 
Ordinance is hereby declared unlawful. Without limitation as to any 
other penalties and fines that may apply, any violation of this 
subsection is a civil infraction punishable by a fine of up to five 
hundred dollars ($500.00).
    8.2. Nothing in this Ordinance exempts a Tribal liquor retailer 
from compliance with the provisions of Section 9.12, Drug and Alcohol 
Violations, of the Elwha Justice Code.
    8.3. The Elwha Tribal Police are authorized to enforce the 
provisions of this Ordinance. The Lower Elwha Tribal Court has 
exclusive jurisdiction to determine any and all cases or disputes 
arising under this Ordinance.
    8.4. The Business Committee may revoke any license granted under 
this Ordinance for non-compliance, after providing written notice to 
the license holder and a fair and reasonable opportunity to appear in 
person to demonstrate why the license should not be revoked. The 
decision of the Business Committee to revoke a license is final, with 
no opportunity for judicial review. Any search or seizure of property 
related to such a revocation will be done in accordance with Sections 
6.7 and 6.8 of the Lower Elwha Judicial Code and Court Procedures.

9. Authority To Enter Into Inter-Governmental Agreements; Compliance 
with the Laws of the State of Washington

    9.1. The Business Committee is authorized to approve and enter into 
agreements with the Washington State Liquor and Cannabis Board, the 
Washington State Department of Revenue, and any other cognizant agency 
of the State concerning the authorization, taxation, or other 
regulation of liquor sales within the Tribe's territorial jurisdiction. 
The Business Committee's approval must be memorialized in a Resolution, 
with a copy of the agreement attached thereto.
    9.2. Tribal liquor retailers must comply with any applicable 
Washington State liquor law standards to the extent required by 18 
U.S.C. 1161 or any agreement entered into under Section 8.1 above.

10. Severability

    If any section, provision, phrase, addition, word, sentence, or 
amendment of this Ordinance or its application to any person is held 
invalid, that invalidity will not affect the other provisions or 
applications of this Ordinance that can be given effect without the 
invalid application.

11. Sovereign Immunity Preserved

    Nothing in this Ordinance constitutes or may be construed as a 
waiver of the Tribe's sovereign immunity from unconsented suit. The 
Tribe will not enter into any inter-governmental agreement regarding 
the regulation of liquor within the Tribe's territorial jurisdiction 
that waives the Tribe's sovereign immunity for any purpose unless such 
waiver is expressly approved in a Resolution of the Business Committee. 
No Tribal liquor retailer may waive the sovereign immunity it possesses 
as an entity of the Tribe, or waive the Tribe's sovereign immunity, 
without clear, express, written approval of the Business Committee.

12. Effective Date

    Except where a different effective date is required by Federal law, 
this Ordinance is effective immediately upon publication by the United 
States Department of the Interior in the Federal Register.

13. Authority To Amend

    The Business Committee is authorized to amend this Ordinance as it 
may see fit in the exercise of its sound judgment on behalf of the 
Tribe and to take any steps necessary to ensure that such amendment is 
properly approved and effective in accordance with applicable Federal 
law.

[FR Doc. 2023-12920 Filed 6-15-23; 8:45 am]
BILLING CODE 4337-15-P