[Federal Register Volume 91, Number 104 (Monday, June 1, 2026)]
[Notices]
[Pages 32426-32428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-10861]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[267A2100DD/AAKP300000/A0A501010.000000]
Scotts Valley Band of Pomo Indians of California; Liquor Control
Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Scotts Valley Band of Pomo Indians
of California Liquor Control Ordinance, which regulates and controls
the consumption, possession, sale, manufacture, and distribution of
liquor within Tribal Trust Lands under the jurisdiction of the Scotts
Valley Band of Pomo Indians of California, including its Trust Land
located in Vallejo County, in order to permit alcohol sales by tribally
owned and operated enterprises and private lessees, and at tribally
approved special events. The Liquor Control Ordinance will provide a
source of revenue for the continued operation of the tribal government,
the delivery of governmental services, and the economic viability of
tribal enterprises.
DATES: This Ordinance shall become effective June 1, 2026.
FOR FURTHER INFORMATION CONTACT: Ms. Sarraye Forrest-Davis, Tribal
Government Specialist, Bureau of Indian Affairs, Pacific Region,
Division of Tribal Government Services, 2800 Cottage Way, Room W-2820,
Sacramento, California 95825, Telephone (916) 206-9634, Fax: (916) 978-
6099.
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 October 16, 2025, the Tribal
Council of the Scotts Valley Band of Pomo Indians of California adopted
the Scotts Valley Band of Pomo Indians of California Liquor Control
Ordinance by Resolution No. S.V. 29-25.
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 Tribal Council of the Scotts Valley Band of
Pomo Indians of California enacted the Liquor Control Ordinance on
October 16, 2025.
The Scotts Valley Band of Pomo Indians of California Liquor Control
Ordinance shall read as follows:
Scotts Valley Band of Pomo Indians of California
A Liquor Control Ordinance of the Scotts Valley Band of Pomo Indians of
California on the Scotts Valley Indian Reservation and Tribal Lands
Article 1. Introduction
Section 1. Title; Short Title
This Ordinance shall be known and cited as ``A Liquor Control
Ordinance of the Scotts Valley Band of Pomo Indians of California on
the Scotts Valley Indian Reservation and Indian Lands'' and may be
cited as the ``Scotts Valley Liquor Control Ordinance'' or ``Liquor
Control Ordinance.''
Section 2. Authority
This Ordinance 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 Council of the Scotts Valley Band of Pomo Indians of
California, the Tribe's governing body, to promulgate, adopt, and
enforce ordinances and resolutions as authorized under Article VI,
Section 1 (d), of the Constitution of the Scotts Valley Band of Pomo
Indians of the Sugar Bowl Reservation, adopted September 24, 1994.
Section 3. Purpose; Findings
The purpose of this Ordinance is to regulate and control the
consumption, possession, sale, manufacture, and distribution of liquor
within Tribal Trust Lands under the jurisdiction of the Scotts Valley
Band of Pomo Indians of California, including its Trust Land located in
Vallejo County, in order to permit alcohol sales by tribally owned and
operated enterprises and private lessees, and at tribally approved
special events. Enactment of a liquor control ordinance will help
promote and provide a source of revenue for the continued operation of
the tribal government, the delivery of governmental services, and the
economic viability of tribal enterprises.
The Tribal Council of the Scotts Valley Band of Pomo Indians of
California enacts this Ordinance based upon the following findings:
i. The distribution, manufacturing, possession, consumption, and
sale of liquor on Tribal Trust Lands is a matter of special concern to
the Scotts Valley Band of Pomo Indians of California.
ii. The Scotts Valley Band of Pomo Indians of California is the
beneficial owner of Tribal Trust Lands.
iii. In the event the Scotts Valley Band of Pomo Indians of
California seeks to operate gaming and related dining, entertainment,
and lodging facilities, it shall be located on Tribal Trust Lands where
by the Scotts Valley Band of Pomo Indians of California is the
beneficial owner.
iv. In the event the Scotts Valley Band of Pomo Indians establishes
and operates a gaming facility, it will serve as an integral and
indispensable part of the Tribe's economy, providing revenue to the
Scotts Valley Band of Pomo Indians of California's government and
employment of its tribal citizens and others in the local community.
v. Federal law, as codified at 18 U.S.C. 1154 and 1161, currently
prohibits the introduction of liquor into Indian county, except in
accordance with State law and the duly enacted laws of the Scotts
Valley Band of Pomo Indians of California.
vi. The Scotts Valley Band of Pomo Indians of California recognizes
the need for strict control and regulation of liquor transactions on
lands under the Scotts Valley Band of Pomo Indians of California's
jurisdiction because of the potential problems associated with the
unregulated or inadequate regulation of sales, possession,
manufacturing, distribution, and consumption of liquor.
vii. Regulating the possession, sale, distribution, consumption,
and manufacture of liquor within lands under the Scotts Valley Band of
Pomo Indians of California's jurisdiction is also consistent with the
Scotts Valley Band of Pomo Indians of California's interests in
ensuring the peace, safety, health, and general welfare of the Scotts
Valley Band of Pomo Indians of California and its members.
viii. Tribal control and regulation of liquor on lands under the
Scotts Valley Band of Pomo Indians of California's jurisdiction is
consistent with the Scotts Valley Band of Pomo Indians of California's
custom and tradition of controlling the possession and consumption of
liquor on Tribal Lands, and at Tribal events.
ix. The purchase, distribution, manufacturing, consumption,
possession, and sale of liquor on lands
[[Page 32427]]
under the Scotts Valley Band of Pomo Indians of California's
jurisdiction shall take place only at duly licensed (1) Tribally owned
enterprises, (2) other enterprises operated pursuant to a lease with
the Tribe, and (3) Tribally sanctioned events.
x. The sale, consumption, possession, or other commercial
manufacture or distribution of liquor on lands under the Scotts Valley
Band of Pomo Indians of California's jurisdiction, other than sales,
consumption, possession, manufacture, and distributions made in strict
compliance with this Ordinance, is detrimental to the health, safety,
and general welfare of the member of the Tribe, and is prohibited.
xi. The Tribal Trust Land in the City of Vallejo, Solano County,
California, accepted into trust for the benefit of the Scotts Valley
Band of Pomo Indians on January 10, 2025, shall be subject to this
Ordinance and to such site-specific licensing and regulatory provisions
as the Tribal Council may adopt to ensure compliance with applicable
federal and state law and any Tribal-State Gaming Compact.
Section 4. Jurisdiction
This Ordinance shall apply to all Lands now or in the future under
the governmental control or authority of the Tribe, including Tribe's
current Reservation, Tribal Trust Lands, as well as any Lands that may
be taken into trust for the Tribe in the future.
Section 5. Application of 18 U.S.C. 1161
By enacting this Ordinance, the Tribe hereby regulates the sale,
manufacturing, distribution, possession, and consumption of liquor
while ensuring that such activity conforms with all applicable laws of
the State of California as required by 18 U.S.C. 1161, other applicable
Federal law, and any applicable Tribal-State Gaming Compact.
Article 2. Definitions
Section 1. Definitions
As used in this Ordinance, the terms below are defined as follows:
(a) ``Alcohol'' means ethyl alcohol, hydrated oxide of ethyl, or
other distilled spirits including spirit of wine, in any form, and
regardless of source or the process used for its production.
(b) ``Alcoholic beverage'' means all alcohol, spirits, liquor,
wine, beer and any liquid or solid containing alcohol, spirits, liquor,
wine, or beer, and which contains one-half of one percent or more of
alcohol by volume and that is fit for human consumption, either alone
or when diluted, mixed, or combined with any other substance(s).
(c) ``Compact'' means a Tribal-State Compact between the State and
the Scotts Valley Band of Pomo Indians of California, as may be amended
from time to time or procedures prescribed by the Secretary of the
Interior pursuant to 25 U.S.C. 2710(d)(7), under which the Tribe may
conduct Class III gaming on ``Indian lands'' as such term is defined in
the Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq.
(d) ``Lands under the Tribe's Jurisdiction'' means and includes all
Lands now or in the future under the governmental authority or control
of the Scotts Valley Band of Pomo Indians of California.
(e) ``License'' means, unless otherwise stated, a license issued by
the Tribe in accordance with this Ordinance.
(f) ``Liquor'' means any alcoholic beverage, as defined in this
Section.
(g) ``Person'' means any individual or entity, whether Indian or
non-Indian, receiver, assignee, trustee in bankruptcy, trust, estate,
firm, corporation, partnership, joint corporation, association,
society, or any group of individuals acting as a unit, whether mutual,
cooperative, fraternal, non-profit or otherwise, and any other Indian
tribe, band or group. The term shall also include the businesses of the
Tribe.
(h) ``Tribe'' means the Scotts Valley Band of Pomo Indians of
California, a federally recognized Indian Tribe that is listed in the
Federal Register.
(i) ``Tribal Trust Lands'' or ``Lands'' means all real property
currently held in trust by the United States for the Scotts Valley Band
of Pomo Indians of California, including approximately one hundred
sixty acres located in the City of Vallejo, Solano County, California,
which was accepted into trust for the benefit of the Tribe on January
10, 2025; and as well as real property that may be taken into trust in
the future for the benefit of the Scotts Valley Band of Pomo Indians of
California.
(j) ``Sale'' and ``sell'' mean the transfer for consideration of
any kind, including by exchange or barter.
(k) ``State'' means the State of California.
(l) ``Reservation'' means the Sugar Bowl Reservation.
Article 3. Liquor Sales, Possession, Consumption, and Manufacture
Section 1. Possession of Alcohol
The introduction, consumption, and possession of alcoholic
beverages shall be lawful within and on Lands under the Tribe's
jurisdiction; provided that such introduction, consumption, or
possession is in conformity with the laws of the State and this
Ordinance.
Section 2. Retail Sales of Alcohol
The sale of alcoholic beverages shall be lawful within and on Lands
under the Tribe's jurisdiction; provided that such sales are in
conformity with the laws of the State and are made pursuant to a
license issued by the Tribe.
Section 3. Manufacture of Alcohol
The manufacture of beer, wine, and liquor shall be lawful within
and on Lands under the Tribe's jurisdiction; provided that such
manufacture is in conformity with the laws of the State and pursuant to
a license issued by the Tribe.
Section 4. Age Limits
The legal age for possession or consumption of alcohol on Tribal
Trust Lands shall be the same as that of the State, which is currently
21 years. No person under the age of 21 years shall purchase, possess
or consume any alcoholic beverage or be present in any area of the
Tribe's gaming operation in which alcoholic beverages may be consumed,
except to the extent permitted by State law. If there is any conflict
between State law and the terms of the Compact regarding the age limits
for alcohol possession or consumption, the age limits in the Compact
shall govern for purposes of this Ordinance.
Article 4. Power of the Tribal Council To License
Section 1. Licensing
The Tribal Council shall have the authority to require and the
power to issue a license under this Ordinance for the sale,
manufacture, distribution, or possession (including, without
limitation, retail, wholesale, manufacturer, special events licenses
and any other type of liquor license recognized by State law) on its
Lands; and shall have the power to establish and enforce procedures and
standards for such Tribal licensing of liquor sales, manufacture,
distribution, and possession within and on Tribal Trust Lands,
including the setting of a license fee schedule, and shall have the
power to publish and enforce such standards; provided that 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 to a Tribal license. The
Tribal Council may, in its discretion, set standards that are more, but
in no case less, stringent than those of the State.
[[Page 32428]]
Article 5. Power To Enforce
Section 1. Enforcement
(a) The Tribal Council shall have the power to develop, enact,
promulgate, and enforce regulations as necessary for the enforcement of
this Ordinance and to protect the public health, welfare, and safety of
the Tribe and Lands under the Tribe's jurisdiction; provided that all
such regulations shall conform to, and not be in conflict with, any
applicable Tribal, Federal, or State law. Regulations enacted pursuant
to this Ordinance may include provisions for suspension or revocation
of a Tribal liquor license, reasonable search and seizure provisions,
and civil and criminal penalties for the violation of this Ordinance to
the full extent permitted by Federal law and consistent with due
process.
(b) Tribal law enforcement personnel and security personnel duly
authorized by the Tribal Council shall have the authority to enforce
this Ordinance by confiscating any liquor sold, possessed, distributed,
manufactured, or introduced within Tribal Trust Lands in violation of
this Ordinance or of any regulations duly adopted or pursuant to this
Ordinance to the full extent permitted by Tribal, Federal, and State
law and consistent with due process.
(c) The Tribal Council shall have the exclusive jurisdiction to
hold hearings on violations of this Ordinance and any procedures or
regulations adopted under or pursuant to this Ordinance; to promulgate
appropriate procedures governing such hearings; to determine and
enforce penalties or damages for violations of this Ordinance; and to
delegate to a subordinate hearing officer or panel the authority to
take any or all of the foregoing actions on its behalf.
Article 6. Taxes
Section 1. Taxation
Nothing contained in this 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 or any alcoholic beverage. The Tribe
retains the right to impose such taxes by an appropriate Ordinance to
the fullest extent permitted by Federal law.
Article 7. Miscellaneous Provisions
Section 1. Sovereign Immunity Preserved
Nothing contained in this Ordinance shall be deemed or construed,
in any way, as a waiver of the Tribe's sovereign immunity, nor shall it
be intended to waive, limit, alter, waive, or restrict the sovereign
immunity of the Tribe or any of its officers, entities, agencies,
agents, and/or officials from unconsented suit or action of any kind.
All inherent sovereign rights of the Tribe, its officers, entities,
and/or agents are hereby expressly reserved, including the Tribe's
sovereign immunity from uncontested suits or actions of any kind.
Section 2. Conformity With Applicable Laws
All acts and transactions under this Ordinance shall be in
conformity with the Compact and laws of the State to the extent
required by 18 U.S.C. 1161, and with all Federal laws regarding alcohol
in Indian Country.
Section 3. Effective Date
This Ordinance shall be effective as of the date on which the
Secretary of the Interior certifies this Ordinance and publishes the
same in the Federal Register.
Section 4. Repeal of Prior Acts
All prior enactments of the Tribal Council, including Tribal laws,
resolutions, policies, regulations, or ordinances pertaining to the
subject matter set forth in this Ordinance are hereby repealed.
Section 5. Amendments
This Ordinance may only be amended pursuant to an amendment duly
enacted by the Tribal Council and, to the extent required by Federal
law, certification by the Secretary of the Interior and publication in
the Federal Register.
Section 6. Severability and Savings Clause
If any section, part, or provision of this Ordinance is held
invalid, void, or unenforceable by a court of competent jurisdiction,
such adjudication shall not be held to render the remaining sections,
parts, and provisions of this Ordinance inapplicable, invalid, void, or
unenforceable and the remainder of this Ordinance shall not be affected
and shall continue in full force and effect.
William Henry Kirkland III,
Assistant Secretary--Indian Affairs.
[FR Doc. 2026-10861 Filed 5-29-26; 8:45 am]
BILLING CODE 4337-15-P