80_FR_33656 80 FR 33543 - Confederated Tribes of the Umatilla Indian Reservation Liquor Code-Amendment

80 FR 33543 - Confederated Tribes of the Umatilla Indian Reservation Liquor Code-Amendment

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 80, Issue 113 (June 12, 2015)

Page Range33543-33545
FR Document2015-14419

This notice publishes amendments to the Confederated Tribes of the Umatilla Indian Reservation Liquor Code. This codification amends the existing Confederated Tribes of the Umatilla Indian Reservation Liquor Code, enacted by the Board of Trustees of the Confederated Tribes of the Umatilla Indian Reservation, which was published in the Federal Register on February 22, 2012 (77 FR 10551).

Federal Register, Volume 80 Issue 113 (Friday, June 12, 2015)
[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Pages 33543-33545]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14419]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[156A2100DD/AAKC001030/A0A501010.999900 253G]


Confederated Tribes of the Umatilla Indian Reservation Liquor 
Code--Amendment

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice publishes amendments to the Confederated Tribes of 
the Umatilla Indian Reservation Liquor Code. This codification amends 
the existing Confederated Tribes of the Umatilla Indian Reservation 
Liquor Code, enacted by the Board of Trustees of the Confederated 
Tribes of the Umatilla Indian Reservation, which was published in the 
Federal Register on February 22, 2012 (77 FR 10551).

DATES: Effective Date: This amended code shall become effective June 
12, 2015.

FOR FURTHER INFORMATION CONTACT: Gregory Norton, Division of Tribal 
Government Services Officer, Northwest Regional Office, Bureau of 
Indian Affairs, 911 NE 11th Avenue, Portland, OR 97232-4169, Telephone: 
(503) 231-6723, Fax: (503) 231-2201; or Laurel Iron Cloud, Chief, 
Division of Tribal Government Services, Office of Indian Services, 
Bureau of Indian Affairs, 1849 C Street NW., MS-4513-MIB, Washington, 
DC 20240, Telephone: (202) 513-7641.

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 Board of Trustees of the 
Confederated Tribes of the Umatilla Indian Reservation duly adopted 
amendments to the Confederated Tribes of the Umatilla Indian 
Reservation Liquor Code on March 23, 2015. This Federal Register notice 
of amendment supersedes the Confederated Tribes of the Umatilla Indian 
Reservation Liquor Code, enacted by the Board of Trustees of the 
Confederated Tribes of the Umatilla Indian Reservation, which was 
published in the Federal Register on February 22, 2012 (77 FR 10551).
    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 Board of Trustees of the Confederated 
Tribes of the Umatilla Indian Reservation duly adopted amendments to 
the Confederated Tribes of the Umatilla Indian Reservation Liquor Code 
by Resolution No. 15-019 on March 23, 2015.

    Dated: June 8, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.

The Confederated Tribes of the Umatilla Indian Reservation Liquor Code, 
as amended, shall read as follows:

CHAPTER 1. Liquor Code

SECTION 1.01. Title
This Code shall be the Liquor Code of the Confederated Tribes of the 
Umatilla Indian Reservation (Confederated Tribes) and shall be 
referenced as the Liquor Code.
SECTION 1.02. Findings And Purpose
    A. The introduction, possession, and sale of liquor on Indian 
reservations has historically been recognized as a matter of special 
concern to Indian tribes and to the United States. The control of 
liquor on the Umatilla Indian Reservation remains exclusively subject 
to the legislative enactments of the Confederated Tribes in its 
exercise of its governmental powers over the Reservation, and the 
United States.
    B. Federal law prohibits the introduction of liquor into Indian 
Country (18 U.S.C. 1154), and authorized tribes to decide when and to 
what extent liquor transactions, sales, possession and service shall be 
permitted on their reservation (18 U.S.C. 1161).
    C. The Board of Trustees, as the governing body of the Confederated 
Tribes pursuant to Article VI, Sec.  1 of the Constitution and Bylaws 
of the Confederated Tribes, have adopted Resolutions to permit the sale 
and service of liquor at the Wildhorse Resort & Casino and at Coyote 
Business Park as provided in this Code, but at no other locations.
    D. Pursuant to the authority in Article VI, Sec.  1(a) of the 
Confederated Tribes' Constitution, the Board of Trustees has the 
authority ``to represent the [Confederated] Tribes and to negotiate 
with the Federal, State and local governments on projects and 
legislation that affect the [Confederated] Tribes''.
    E. Pursuant to the authority in Article VI, Sec.  1(d) of the 
Confederated Tribes' Constitution, the Board of Trustees has the 
authority ``to promulgate and enforce ordinances governing the conduct 
of all persons and activities within the boundaries of the Umatilla 
Indian Reservation, providing for the procedure of the Board of 
Trustees, and carrying out any powers herein conferred upon the Board 
of Trustees''.
    F. The enactment of this Liquor Code to govern liquor sales and 
service on the Umatilla Indian Reservation will increase the ability of 
the Confederated Tribes to control Reservation liquor distribution, 
sales, service and possession, and at the same time will provide an 
important source of revenue for the continued operation of Tribal 
government and the delivery of governmental services, as well as 
provide an amenity to customers of enterprises of the Confederated 
Tribes.
    G. The Confederated Tribes have entered into a Memorandum of 
Understanding (MOU) with the Oregon Liquor Control Commission to deal 
with governmental issues associated with the licensing and regulation 
of liquor sales on the Umatilla Indian Reservation.
SECTION 1.03. Definitions
    A. Unless otherwise required by the context, the following words 
and phrases shall have the designated meanings.
    1. ``Alcohol''. That substance known as ethyl alcohol, hydrated 
oxide or ethyl, spirits or wine as defined herein, which is commonly 
produced by the

[[Page 33544]]

fermentation or distillation of grain, starch, molasses, or sugar, or 
other substances including all dilutions and mixtures of those 
substances.
    2. ``Coyote Business Park''. Shall included Coyote Business Park 
North, South and East, but shall not include the Arrowhead Travel 
Plaza.
    3. ``Wildhorse Chief Executive Officer''. That person appointed by 
the Confederated Tribes to manage the Wildhorse Resort & Casino.
    4. ``Liquor'' or ``Liquor Products''. Includes the four varieties 
of liquor herein defined (alcohol, spirits, wine, and beer) and all 
fermented, spirituous, vinous, or malt liquor, or a combination 
thereof, and mixed liquor, a part of which is fermented, spirituous, 
vinous, or malt liquor or otherwise intoxicating in every liquid or 
solid or semi-solid or other substance patented or not containing 
alcohol, spirits, wine, or beer, and all drinks of potable 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 (1%) of alcohol by weight shall be conclusively deemed to 
be intoxicating.
    5. ``Wildhorse Resort & Casino''. Shall include the casino, hotels, 
golf course (including club house), cineplex, RV park and future 
facilities that become a part of the Wildhorse Resort & Casino located 
on the Umatilla Indian Reservation.
    6. ``Sale'' and ``Sell''. Includes exchange, barter, and traffic; 
and also the supplying or distribution by any means whatsoever, of 
liquor or any liquid known or described as beer or by any name whatever 
commonly used to describe malt or brewed liquor or wine, by any person 
to any other person; and also includes the supply and distribution to 
any other person.
    7. ``Spirits''. Any beverage which contains alcohol obtained by 
distillation, including wines exceeding seventeen percent (17%) of 
alcohol by weight.
    8. ``Wine''. Any alcoholic beverage obtained by fermentation of 
fruits, grapes, berries, or any other agricultural product containing 
sugar, to which any saccharin substances may have been added before, 
during or after fermentation, and containing not more than seventeen 
percent (17%) of alcohol by weight, including sweet wines fortified 
with wine spirits, such as port, sherry, muscatel, and anglican, not 
exceeding seventeen percent (17%) of alcohol by weight.
SECTION 1.04. Jurisdiction
    To the extent permitted by applicable law, the Confederated Tribes 
asserts jurisdiction to determine whether liquor sales and service are 
permitted within the boundaries of the Umatilla Indian Reservation. As 
provided in section 1.06 of this Code, liquor sales and service is only 
permitted at the Wildhorse Resort & Casino facilities and in the Coyote 
Business Park under this Code. Nothing in this Code is intended nor 
shall be construed to limit the jurisdiction of the Confederated Tribes 
to regulate liquor sales and service on all lands within the boundaries 
of the Umatilla Indian Reservation.
SECTION 1.05. Relation To Other Laws
    All prior codes, ordinances, resolutions and motions of the 
Confederated Tribes regulating, authorizing, prohibiting, or in any way 
dealing with the sale or service of liquor are hereby repealed and are 
of no further force or effect to the extent they are inconsistent or 
conflict with the provisions of this Code. Specifically, amendments to 
the Criminal Code to make it consistent with this Liquor Code have been 
approved by Resolution 05-095 (October 3, 2005). No Tribal business 
licensing law or other Tribal law shall be applied in a manner 
inconsistent with the provisions of this Code.
SECTION 1.06. Authorized Sale And Service Of Liquor
    A. Liquor may be offered for sale and may be served on the Umatilla 
Indian Reservation only at the following locations:
    1. At the Wildhorse Resort & Casino.
    2. At the Coyote Business Park by any Coyote Business Park lessee 
if liquor sales and service is permitted in the lease between the 
lessee and the Confederated Tribes.
SECTION 1.07. Prohibitions
    A. General Prohibitions. The commercial introduction of liquor for 
sales and service, other than as permitted by this Code, is prohibited 
within the Umatilla Indian Reservation, and is hereby declared an 
offense under Tribal law. Federal liquor laws applicable to Indian 
Country shall remain applicable to any person, act, or transaction 
which is not authorized by this Code and violators of this Code shall 
be subject to federal prosecution as well as to legal action in 
accordance with the law of the Confederated Tribes.
    B. Age Restrictions. No person shall be authorized to serve liquor 
unless they are at least 21 years of age. No person may be served 
liquor unless they are 21 years of age.
    C. Off Premises Consumption of Liquor.
    1. All liquor sales and service authorized by this Code at the 
Wildhorse Resort & Casino shall be fully consumed at the Wildhorse 
Resort & Casino as set forth in section 1.06 of this Code and no open 
containers of liquor, or unopened containers of liquor in bottles, 
cans, or otherwise may be permitted outside of the above-described 
premises, except as follows:
    a) Patrons at Wildhorse restaurants may be permitted to remove a 
partially consumed bottle of wine from the restaurant if the wine is 
served in conjunction with the patron's meal, the patron is not a minor 
and the patron is not visibly intoxicated.
    b) Organizers of meetings or conventions at Wildhorse may be 
permitted to offer or award liquor, including wine, to meeting and 
convention participants, provided that the participant is not a minor 
nor visibly intoxicated, and such liquor or wine may be removed from 
the Wildhorse premises by the participant so long as the liquor or wine 
is not opened.
    2. Liquor sales and service at Coyote Business Park shall be 
conducted in strict compliance with the lease between the Coyote 
Business Park lessee and the Confederated Tribes.
    D. No Credit Liquor Sales. The sales and service of liquor 
authorized by this Code shall be upon a cash basis only. For purposes 
of this Code, payment for liquor on a cash basis shall include payment 
by cash, credit card, or check.
SECTION 1.08. Conformity With State Law
    A. Authorized liquor sales and service on the Umatilla Indian 
Reservation shall comply with Oregon State liquor law standards to the 
extent required by 18 U.S.C. 1161.
    B. Wildhorse Resort & Casino. The Wildhorse Chief Executive Officer 
shall be responsible for ensuring that all OLCC license requirements 
are satisfied, that the license(s) is renewed on an annual basis, and 
that all reasonable and necessary actions are taken to sell and serve 
liquor to Wildhorse patrons in a manner consistent with this Code, 
applicable State law, and the Tribal-State Compact. The Wildhorse Chief 
Executive Officer shall also be authorized to purchase liquor from the 
State or other source for sale and service within the Wildhorse Resort 
& Casino. The Wildhorse Chief Executive Officer is further authorized 
to treat as a casino expense any license fees associated with the OLCC 
liquor license.
    C. Coyote Business Park. The Coyote Business Park lessee authorized 
to sell

[[Page 33545]]

or serve liquor as provided in section 1.06(A)(2) of this Code, shall 
be responsible for insuring that all OLCC license requirements are 
satisfied, that the license(s) is renewed on an annual basis, and that 
all reasonable and necessary actions are taken to sell and serve liquor 
in a manner consistent with this Code and applicable Tribal and State 
law.
SECTION 1.09. Penalty
    Any person or entity possessing, selling, serving, bartering, or 
manufacturing liquor products in violation of any part of this Code 
shall be subject to a civil fine of not more than $500 for each 
violation involving possession, but up to $5,000 for each violation 
involving selling, bartering, or manufacturing liquor products in 
violation of this Code, and violators may be subject to exclusion from 
the Umatilla Indian Reservation. In addition, persons or entities 
subject to the criminal jurisdiction of the Confederated Tribes who 
violate this Code shall be subject to criminal punishment as provided 
in the Criminal Code. All contraband liquor shall be confiscated by the 
Umatilla Tribal Police Department (UTPD). The Umatilla Tribal Court 
shall have exclusive jurisdiction to enforce this Code and the civil 
fines, criminal punishment and exclusion authorized by this section.
SECTION 1.10. Sovereign Immunity Preserved
    Nothing in this Code is intended or shall be construed as a waiver 
of the sovereign immunity of the Confederated Tribes. No manager or 
employee of the Confederated Tribes or the Wildhorse Resort & Casino 
shall be authorized, nor shall they attempt, to waive the sovereign 
immunity of the Confederated Tribes pursuant to this Code.
SECTION 1.11. Severability
    If any provision or provisions in this Code are held invalid by a 
court of competent jurisdiction, this Code shall continue in effect as 
if the invalid provision(s) were not a part hereof.
SECTION 1.12. Effective Date
    This Code shall be effective following approval by the Board of 
Trustees and approval by the Secretary of the Interior or his/her 
designee and publication in the Federal Register as provided by federal 
law.

[FR Doc. 2015-14419 Filed 6-11-15; 8:45 am]
 BILLING CODE 4337-15-P



                                                                                  Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices                                            33543

                                                    Applicant: Marion Smith, Prairie City,                Iron Cloud, Chief, Division of Tribal                  governmental powers over the
                                                  IA; PRT–66658B                                          Government Services, Office of Indian                  Reservation, and the United States.
                                                    Applicant: James McDonald, Odessa,                    Services, Bureau of Indian Affairs, 1849                  B. Federal law prohibits the
                                                  TX; PRT–63770B                                          C Street NW., MS–4513–MIB,                             introduction of liquor into Indian
                                                                                                          Washington, DC 20240, Telephone:                       Country (18 U.S.C. 1154), and
                                                  B. Marine Mammals
                                                                                                          (202) 513–7641.                                        authorized tribes to decide when and to
                                                  Applicant: U.S. Geological Survey,                                                                             what extent liquor transactions, sales,
                                                                                                          SUPPLEMENTARY INFORMATION:     Pursuant
                                                  Alaska Science Center, Anchorage, AK;                                                                          possession and service shall be
                                                                                                          to the Act of August 15, 1953, Public
                                                  PRT- 801652                                                                                                    permitted on their reservation (18 U.S.C.
                                                                                                          Law 83–277, 67 Stat. 586, 18 U.S.C.
                                                     The applicant requests an amendment                                                                         1161).
                                                                                                          1161, as interpreted by the Supreme                       C. The Board of Trustees, as the
                                                  of the permit to harass Pacific walrus                  Court in Rice v. Rehner, 463 U.S. 713
                                                  (Odobenus rosmarus divergens) during                                                                           governing body of the Confederated
                                                                                                          (1983), the Secretary of the Interior shall            Tribes pursuant to Article VI, § 1 of the
                                                  at-sea trials and terrestrial aerial surveys            certify and publish in the Federal
                                                  with an Unmanned Aircraft System in                                                                            Constitution and Bylaws of the
                                                                                                          Register notice of adopted liquor                      Confederated Tribes, have adopted
                                                  Alaska for the purpose of scientific                    ordinances for the purpose of regulating
                                                  research. This notification covers                                                                             Resolutions to permit the sale and
                                                                                                          liquor transactions in Indian country.                 service of liquor at the Wildhorse Resort
                                                  activities to be conducted by the                       The Board of Trustees of the
                                                  applicant for the remainder of the                                                                             & Casino and at Coyote Business Park as
                                                                                                          Confederated Tribes of the Umatilla                    provided in this Code, but at no other
                                                  permit validity.                                        Indian Reservation duly adopted
                                                     Concurrent with publishing this                                                                             locations.
                                                                                                          amendments to the Confederated Tribes                     D. Pursuant to the authority in Article
                                                  notice in the Federal Register, we are                  of the Umatilla Indian Reservation
                                                  forwarding copies of the above                                                                                 VI, § 1(a) of the Confederated Tribes’
                                                                                                          Liquor Code on March 23, 2015. This                    Constitution, the Board of Trustees has
                                                  application to the Marine Mammal                        Federal Register notice of amendment
                                                  Commission and the Committee of                                                                                the authority ‘‘to represent the
                                                                                                          supersedes the Confederated Tribes of                  [Confederated] Tribes and to negotiate
                                                  Scientific Advisors for their review.                   the Umatilla Indian Reservation Liquor                 with the Federal, State and local
                                                  Lisa Lierheimer,                                        Code, enacted by the Board of Trustees                 governments on projects and legislation
                                                  Supervisory Policy Specialist,                          of the Confederated Tribes of the                      that affect the [Confederated] Tribes’’.
                                                    Branch of Permits, Division of Management
                                                                                                          Umatilla Indian Reservation, which was                    E. Pursuant to the authority in Article
                                                  Authority.                                              published in the Federal Register on                   VI, § 1(d) of the Confederated Tribes’
                                                  [FR Doc. 2015–14334 Filed 6–11–15; 8:45 am]             February 22, 2012 (77 FR 10551).                       Constitution, the Board of Trustees has
                                                  BILLING CODE 4310–55–P                                     This notice is published in                         the authority ‘‘to promulgate and
                                                                                                          accordance with the authority delegated                enforce ordinances governing the
                                                                                                          by the Secretary of the Interior to the                conduct of all persons and activities
                                                  DEPARTMENT OF THE INTERIOR                              Assistant Secretary—Indian Affairs. I                  within the boundaries of the Umatilla
                                                                                                          certify that the Board of Trustees of the              Indian Reservation, providing for the
                                                  Bureau of Indian Affairs                                Confederated Tribes of the Umatilla                    procedure of the Board of Trustees, and
                                                  [156A2100DD/AAKC001030/                                 Indian Reservation duly adopted                        carrying out any powers herein
                                                  A0A501010.999900 253G]                                  amendments to the Confederated Tribes                  conferred upon the Board of Trustees’’.
                                                                                                          of the Umatilla Indian Reservation                        F. The enactment of this Liquor Code
                                                  Confederated Tribes of the Umatilla                     Liquor Code by Resolution No. 15–019                   to govern liquor sales and service on the
                                                  Indian Reservation Liquor Code—                         on March 23, 2015.                                     Umatilla Indian Reservation will
                                                  Amendment                                                 Dated: June 8, 2015.                                 increase the ability of the Confederated
                                                  AGENCY:    Bureau of Indian Affairs,                    Kevin K. Washburn,
                                                                                                                                                                 Tribes to control Reservation liquor
                                                  Interior.                                                                                                      distribution, sales, service and
                                                                                                          Assistant Secretary—Indian Affairs.
                                                                                                                                                                 possession, and at the same time will
                                                  ACTION:  Notice.                                        The Confederated Tribes of the Umatilla                provide an important source of revenue
                                                  SUMMARY:   This notice publishes                        Indian Reservation Liquor Code, as                     for the continued operation of Tribal
                                                  amendments to the Confederated Tribes                   amended, shall read as follows:                        government and the delivery of
                                                  of the Umatilla Indian Reservation                                                                             governmental services, as well as
                                                                                                          CHAPTER 1.          Liquor Code
                                                  Liquor Code. This codification amends                                                                          provide an amenity to customers of
                                                  the existing Confederated Tribes of the                 SECTION 1.01.         Title                            enterprises of the Confederated Tribes.
                                                  Umatilla Indian Reservation Liquor                                                                                G. The Confederated Tribes have
                                                                                                          This Code shall be the Liquor Code of                  entered into a Memorandum of
                                                  Code, enacted by the Board of Trustees                  the Confederated Tribes of the Umatilla
                                                  of the Confederated Tribes of the                                                                              Understanding (MOU) with the Oregon
                                                                                                          Indian Reservation (Confederated                       Liquor Control Commission to deal with
                                                  Umatilla Indian Reservation, which was                  Tribes) and shall be referenced as the
                                                  published in the Federal Register on                                                                           governmental issues associated with the
                                                                                                          Liquor Code.                                           licensing and regulation of liquor sales
                                                  February 22, 2012 (77 FR 10551).
                                                  DATES: Effective Date: This amended                     SECTION 1.02.         Findings And Purpose             on the Umatilla Indian Reservation.
                                                  code shall become effective June 12,                       A. The introduction, possession, and                SECTION 1.03. Definitions
                                                  2015.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          sale of liquor on Indian reservations has                A. Unless otherwise required by the
                                                  FOR FURTHER INFORMATION CONTACT:                        historically been recognized as a matter               context, the following words and
                                                  Gregory Norton, Division of Tribal                      of special concern to Indian tribes and                phrases shall have the designated
                                                  Government Services Officer, Northwest                  to the United States. The control of                   meanings.
                                                  Regional Office, Bureau of Indian                       liquor on the Umatilla Indian                            1. ‘‘Alcohol’’. That substance known
                                                  Affairs, 911 NE 11th Avenue, Portland,                  Reservation remains exclusively subject                as ethyl alcohol, hydrated oxide or
                                                  OR 97232–4169, Telephone: (503) 231–                    to the legislative enactments of the                   ethyl, spirits or wine as defined herein,
                                                  6723, Fax: (503) 231–2201; or Laurel                    Confederated Tribes in its exercise of its             which is commonly produced by the


                                             VerDate Sep<11>2014   19:05 Jun 11, 2015   Jkt 235001   PO 00000   Frm 00069   Fmt 4703   Sfmt 4703   E:\FR\FM\12JNN1.SGM   12JNN1


                                                  33544                           Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices

                                                  fermentation or distillation of grain,                  jurisdiction to determine whether liquor                  C. Off Premises Consumption of
                                                  starch, molasses, or sugar, or other                    sales and service are permitted within                 Liquor.
                                                  substances including all dilutions and                  the boundaries of the Umatilla Indian                     1. All liquor sales and service
                                                  mixtures of those substances.                           Reservation. As provided in section 1.06               authorized by this Code at the
                                                     2. ‘‘Coyote Business Park’’. Shall                   of this Code, liquor sales and service is              Wildhorse Resort & Casino shall be fully
                                                  included Coyote Business Park North,                    only permitted at the Wildhorse Resort                 consumed at the Wildhorse Resort &
                                                  South and East, but shall not include                   & Casino facilities and in the Coyote                  Casino as set forth in section 1.06 of this
                                                  the Arrowhead Travel Plaza.                             Business Park under this Code. Nothing                 Code and no open containers of liquor,
                                                     3. ‘‘Wildhorse Chief Executive                       in this Code is intended nor shall be                  or unopened containers of liquor in
                                                  Officer’’. That person appointed by the                 construed to limit the jurisdiction of the             bottles, cans, or otherwise may be
                                                  Confederated Tribes to manage the                       Confederated Tribes to regulate liquor                 permitted outside of the above-
                                                  Wildhorse Resort & Casino.                              sales and service on all lands within the              described premises, except as follows:
                                                     4. ‘‘Liquor’’ or ‘‘Liquor Products’’.                boundaries of the Umatilla Indian                         a) Patrons at Wildhorse restaurants
                                                  Includes the four varieties of liquor                   Reservation.                                           may be permitted to remove a partially
                                                  herein defined (alcohol, spirits, wine,                                                                        consumed bottle of wine from the
                                                  and beer) and all fermented, spirituous,                SECTION 1.05.         Relation To Other                restaurant if the wine is served in
                                                  vinous, or malt liquor, or a combination                Laws                                                   conjunction with the patron’s meal, the
                                                  thereof, and mixed liquor, a part of                      All prior codes, ordinances,                         patron is not a minor and the patron is
                                                  which is fermented, spirituous, vinous,                 resolutions and motions of the                         not visibly intoxicated.
                                                  or malt liquor or otherwise intoxicating                Confederated Tribes regulating,                           b) Organizers of meetings or
                                                  in every liquid or solid or semi-solid or               authorizing, prohibiting, or in any way                conventions at Wildhorse may be
                                                  other substance patented or not                         dealing with the sale or service of liquor             permitted to offer or award liquor,
                                                  containing alcohol, spirits, wine, or                   are hereby repealed and are of no                      including wine, to meeting and
                                                  beer, and all drinks of potable liquids                 further force or effect to the extent they             convention participants, provided that
                                                  and all preparations or mixtures capable                are inconsistent or conflict with the                  the participant is not a minor nor visibly
                                                  of human consumption, and any liquid,                   provisions of this Code. Specifically,                 intoxicated, and such liquor or wine
                                                  semi-solid, solid, or other substance,                  amendments to the Criminal Code to                     may be removed from the Wildhorse
                                                  which contains more than one percent                    make it consistent with this Liquor Code               premises by the participant so long as
                                                  (1%) of alcohol by weight shall be                      have been approved by Resolution 05–                   the liquor or wine is not opened.
                                                  conclusively deemed to be intoxicating.                 095 (October 3, 2005). No Tribal                          2. Liquor sales and service at Coyote
                                                     5. ‘‘Wildhorse Resort & Casino’’. Shall              business licensing law or other Tribal                 Business Park shall be conducted in
                                                  include the casino, hotels, golf course                 law shall be applied in a manner                       strict compliance with the lease
                                                  (including club house), cineplex, RV                    inconsistent with the provisions of this               between the Coyote Business Park lessee
                                                  park and future facilities that become a                Code.                                                  and the Confederated Tribes.
                                                  part of the Wildhorse Resort & Casino                                                                             D. No Credit Liquor Sales. The sales
                                                  located on the Umatilla Indian                          SECTION 1.06. Authorized Sale And                      and service of liquor authorized by this
                                                  Reservation.                                            Service Of Liquor                                      Code shall be upon a cash basis only.
                                                     6. ‘‘Sale’’ and ‘‘Sell’’. Includes                     A. Liquor may be offered for sale and                For purposes of this Code, payment for
                                                  exchange, barter, and traffic; and also                 may be served on the Umatilla Indian                   liquor on a cash basis shall include
                                                  the supplying or distribution by any                    Reservation only at the following                      payment by cash, credit card, or check.
                                                  means whatsoever, of liquor or any                      locations:                                             SECTION 1.08. Conformity With State
                                                  liquid known or described as beer or by
                                                                                                            1. At the Wildhorse Resort & Casino.                 Law
                                                  any name whatever commonly used to
                                                  describe malt or brewed liquor or wine,                   2. At the Coyote Business Park by any                   A. Authorized liquor sales and service
                                                  by any person to any other person; and                  Coyote Business Park lessee if liquor                  on the Umatilla Indian Reservation shall
                                                  also includes the supply and                            sales and service is permitted in the                  comply with Oregon State liquor law
                                                  distribution to any other person.                       lease between the lessee and the                       standards to the extent required by 18
                                                     7. ‘‘Spirits’’. Any beverage which                   Confederated Tribes.                                   U.S.C. 1161.
                                                  contains alcohol obtained by                            SECTION 1.07.         Prohibitions                        B. Wildhorse Resort & Casino. The
                                                  distillation, including wines exceeding                                                                        Wildhorse Chief Executive Officer shall
                                                  seventeen percent (17%) of alcohol by                      A. General Prohibitions. The                        be responsible for ensuring that all
                                                  weight.                                                 commercial introduction of liquor for                  OLCC license requirements are satisfied,
                                                     8. ‘‘Wine’’. Any alcoholic beverage                  sales and service, other than as                       that the license(s) is renewed on an
                                                  obtained by fermentation of fruits,                     permitted by this Code, is prohibited                  annual basis, and that all reasonable and
                                                  grapes, berries, or any other agricultural              within the Umatilla Indian Reservation,                necessary actions are taken to sell and
                                                  product containing sugar, to which any                  and is hereby declared an offense under                serve liquor to Wildhorse patrons in a
                                                  saccharin substances may have been                      Tribal law. Federal liquor laws                        manner consistent with this Code,
                                                  added before, during or after                           applicable to Indian Country shall                     applicable State law, and the Tribal-
                                                  fermentation, and containing not more                   remain applicable to any person, act, or               State Compact. The Wildhorse Chief
                                                  than seventeen percent (17%) of alcohol                 transaction which is not authorized by                 Executive Officer shall also be
                                                  by weight, including sweet wines                        this Code and violators of this Code                   authorized to purchase liquor from the
                                                                                                          shall be subject to federal prosecution as
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                                                  fortified with wine spirits, such as port,                                                                     State or other source for sale and service
                                                  sherry, muscatel, and anglican, not                     well as to legal action in accordance                  within the Wildhorse Resort & Casino.
                                                  exceeding seventeen percent (17%) of                    with the law of the Confederated Tribes.               The Wildhorse Chief Executive Officer
                                                  alcohol by weight.                                         B. Age Restrictions. No person shall                is further authorized to treat as a casino
                                                                                                          be authorized to serve liquor unless they              expense any license fees associated with
                                                  SECTION 1.04. Jurisdiction                              are at least 21 years of age. No person                the OLCC liquor license.
                                                    To the extent permitted by applicable                 may be served liquor unless they are 21                   C. Coyote Business Park. The Coyote
                                                  law, the Confederated Tribes asserts                    years of age.                                          Business Park lessee authorized to sell


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                                                                                  Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices                                                  33545

                                                  or serve liquor as provided in section                  DEPARTMENT OF THE INTERIOR                             the BLM Nevada State Office, Reno,
                                                  1.06(A)(2) of this Code, shall be                                                                              Nevada on April 8, 2015:
                                                  responsible for insuring that all OLCC                  Bureau of Land Management
                                                                                                                                                                    The plat, in 2 sheets, representing the
                                                  license requirements are satisfied, that                [LLNV952000                                            retracement of a portion of the south
                                                  the license(s) is renewed on an annual                  L14400000.BJ0000.LXSSF2210000.241A;                    boundary, a portion of the subdivisional
                                                  basis, and that all reasonable and                      13–08807; MO# 4500080175; TAS: 15X1109]                lines, the subdivision of sections 29 and
                                                  necessary actions are taken to sell and                                                                        32, and metes-and-bounds surveys, in
                                                  serve liquor in a manner consistent with                Filing of Plats of Survey; NV
                                                                                                                                                                 Township 6 South, Range 61 East, of the
                                                  this Code and applicable Tribal and                                                                            Mount Diablo Meridian, Nevada, under
                                                                                                          AGENCY:   Bureau of Land Management,
                                                  State law.
                                                                                                          Interior.                                              Group No. 925, was accepted April 8,
                                                  SECTION 1.09.         Penalty                           ACTION: Notice.                                        2015. This survey was executed to meet
                                                                                                                                                                 certain administrative needs of the
                                                    Any person or entity possessing,                      SUMMARY:    The purpose of this notice is              Bureau of Land Management.
                                                  selling, serving, bartering, or                         to inform the public and interested State
                                                  manufacturing liquor products in                                                                                  4. The Plat of Survey of the following
                                                                                                          and local government officials of the
                                                  violation of any part of this Code shall                                                                       described lands was officially filed at
                                                                                                          filing of Plats of Survey in Nevada.
                                                  be subject to a civil fine of not more                                                                         the BLM Nevada State Office, Reno,
                                                                                                          DATES: Unless otherwise stated filing is
                                                  than $500 for each violation involving                                                                         Nevada on April 8, 2015:
                                                                                                          effective at 10 a.m. on the dates
                                                  possession, but up to $5,000 for each                   indicated below.                                          The plat, in 1 sheet, representing the
                                                  violation involving selling, bartering, or              FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                 dependent resurvey of a portion of the
                                                  manufacturing liquor products in                        Michael O. Harmening, Chief, Branch of                 subdivisional lines, and the subdivision
                                                  violation of this Code, and violators may               Geographic Sciences, Bureau of Land                    of section 5, in Township 7 South,
                                                  be subject to exclusion from the                        Management, Nevada State Office, 1340                  Range 61 East, of the Mount Diablo
                                                  Umatilla Indian Reservation. In                         Financial Blvd., Reno, NV 89502–7147,                  Meridian, Nevada, under Group No.
                                                  addition, persons or entities subject to                phone: 775–861–6490. Persons who use                   934, was accepted April 8, 2015. This
                                                  the criminal jurisdiction of the                        a telecommunications device for the                    survey was executed to meet certain
                                                  Confederated Tribes who violate this                    deaf (TDD) may call the Federal                        administrative needs of the Bureau of
                                                  Code shall be subject to criminal                       Information Relay Service (FIRS) at 1–                 Land Management.
                                                  punishment as provided in the Criminal                  800–877–8339 to contact the above                         5. The Plat of Survey of the following
                                                  Code. All contraband liquor shall be                    individual during normal business
                                                  confiscated by the Umatilla Tribal                                                                             described lands was officially filed at
                                                                                                          hours. The FIRS is available 24 hours a                the BLM Nevada State Office, Reno,
                                                  Police Department (UTPD). The                           day, 7 days a week, to leave a message
                                                  Umatilla Tribal Court shall have                                                                               Nevada on April 9, 2015:
                                                                                                          or question with the above individual.
                                                  exclusive jurisdiction to enforce this                  You will receive a reply during normal                    The plat, in 2 sheets, representing the
                                                  Code and the civil fines, criminal                      business hours.                                        dependent resurvey of a portion of the
                                                  punishment and exclusion authorized                                                                            south boundary, a portion of the
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  by this section.                                                                                               subdivisional lines, the subdivision of
                                                                                                             1. The Plat of Survey of the following
                                                                                                          described lands was officially filed at                section 36 and a metes-and-bounds
                                                  SECTION 1.10.         Sovereign Immunity
                                                                                                          the Bureau of Land Management (BLM)                    survey in section 36, in Township 21
                                                  Preserved
                                                                                                          Nevada State Office, Reno, Nevada on                   South, Range 63 East, of the Mount
                                                    Nothing in this Code is intended or                   January 12, 2015:                                      Diablo Meridian, Nevada, under Group
                                                  shall be construed as a waiver of the                      The plat, in 1 sheet, representing the              No. 940, was accepted April 9, 2015.
                                                  sovereign immunity of the Confederated                  dependent resurvey of a portion of                     This survey was executed to meet
                                                  Tribes. No manager or employee of the                   Mineral Survey No. 1905, in Township                   certain administrative needs of the
                                                  Confederated Tribes or the Wildhorse                    6 South, Range 70 East, Mount Diablo                   Bureau of Land Management.
                                                  Resort & Casino shall be authorized, nor                Meridian, under Group No. 931, was                        The surveys listed above are now the
                                                  shall they attempt, to waive the                        accepted January 12, 2015. This survey                 basic record for describing the lands for
                                                  sovereign immunity of the Confederated                  was executed to meet certain                           all authorized purposes. These records
                                                  Tribes pursuant to this Code.                           administrative needs of the Bureau of                  have been placed in the open files in the
                                                                                                          Land Management.                                       BLM Nevada State Office and are
                                                  SECTION 1.11.         Severability
                                                                                                             2. The Plat of Survey of the following              available to the public as a matter of
                                                    If any provision or provisions in this                described lands was officially filed at                information. Copies of the surveys and
                                                  Code are held invalid by a court of                     the BLM Nevada State Office, Reno,
                                                                                                                                                                 related field notes may be furnished to
                                                  competent jurisdiction, this Code shall                 Nevada on March 2, 2015:
                                                                                                                                                                 the public upon payment of the
                                                  continue in effect as if the invalid                       The plat, in 1 sheet, representing the
                                                                                                          dependent resurvey of a portion of the                 appropriate fees.
                                                  provision(s) were not a part hereof.
                                                                                                          subdivisional lines, Mineral Survey No.                  Dated: June 8, 2015.
                                                  SECTION 1.12.         Effective Date                    3808, and portions of Mineral Survey                   Michael O. Harmening,
                                                                                                          No. 3961, in Township 46 North, Range                  Chief Cadastral Surveyor, Nevada.
                                                    This Code shall be effective following
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                                                                                                          39 East, of the Mount Diablo Meridian,                 [FR Doc. 2015–14431 Filed 6–11–15; 8:45 am]
                                                  approval by the Board of Trustees and                   Nevada, under Group No. 939, was
                                                  approval by the Secretary of the Interior               accepted March 2, 2015. This survey                    BILLING CODE 4310–HC–P
                                                  or his/her designee and publication in                  was executed to meet certain
                                                  the Federal Register as provided by                     administrative needs of the Bureau of
                                                  federal law.                                            Land Management.
                                                  [FR Doc. 2015–14419 Filed 6–11–15; 8:45 am]                3. The Plat of Survey of the following
                                                  BILLING CODE 4337–15–P                                  described lands was officially filed at


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Document Created: 2018-02-22 10:16:01
Document Modified: 2018-02-22 10:16:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesEffective Date: This amended code shall become effective June 12, 2015.
ContactGregory Norton, Division of Tribal Government Services Officer, Northwest Regional Office, Bureau of Indian Affairs, 911 NE 11th Avenue, Portland, OR 97232-4169, Telephone: (503) 231-6723, Fax: (503) 231-2201; or Laurel Iron Cloud, Chief, Division of Tribal Government Services, Office of Indian Services, Bureau of Indian Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240, Telephone: (202) 513-7641.
FR Citation80 FR 33543 

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