80 FR 43112 - Wampanoag Tribe of Gay Head (Aquinnah) Liquor Control Ordinance 14-01

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 80, Issue 139 (July 21, 2015)

This notice publishes the liquor ordinance of the Wampanoag Tribe of Gay Head (Aquinnah). This ordinance regulates and controls the possession, sale and consumption of liquor within the jurisdiction of the Wampanoag Tribe of Gay Head (Aquinnah). The ordinance will increase the ability of the Wampanoag Tribe of Gay Head (Aquinnah) to control liquor distribution and possession on tribal lands and Indian country, and at the same time will provide an important source of revenue for the strengthening of the tribal government and the delivery of tribal services.

[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Notices]
[Pages 43112-43114]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17903]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

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


Wampanoag Tribe of Gay Head (Aquinnah) Liquor Control Ordinance 
14-01

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the liquor ordinance of the Wampanoag 
Tribe of Gay Head (Aquinnah). This ordinance regulates and controls the 
possession, sale and consumption of liquor within the jurisdiction of 
the Wampanoag Tribe of Gay Head (Aquinnah). The ordinance will increase 
the ability of the Wampanoag Tribe of Gay Head (Aquinnah) to control 
liquor distribution and possession on tribal lands and Indian country, 
and at the same time will provide an important source of revenue for 
the strengthening of the tribal government and the delivery of tribal 
services.

DATES: Effective Date: This code shall become effective July 21, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Sherry Lovin, Acting Regional 
Tribal Government Officer, Southern Plains Regional Office, Bureau of 
Indian Affairs, P.O. Box 368, Anadarko, Oklahoma 73005, Telephone: 
(405) 247-1534, Fax: (405) 247-9240; or Ms. 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 Wampanoag Tribe of Gay Head Tribal 
(Aquinnah) Tribal Council duly adopted the Aquinnah Wampanoag Liquor 
Ordinance 14-01 on September 17, 2014.
    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 Wampanoag Tribe of Gay Head Tribal 
(Aquinnah) Tribal Council duly adopted the Aquinnah Wampanoag Liquor 
Ordinance 14-01 by Resolution No. 2014-34 on September 17, 2014.

    Dated: July 14, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
    Ordinance 14-01 Aquinnah Wampanoag Liquor Ordinance shall read as 
follows:

SECTION 1.1. TITLE

    This Ordinance shall be known as the Aquinnah Wampanoag Liquor 
Ordinance (``Tribe'') and shall be referenced as the Liquor Ordinance.

SECTION 1.2. FINDINGS AND PURPOSE

    A. The introduction, possession, and sale of liquor in Indian 
Country has historically been recognized as a matter of special concern 
to Indian tribes and to the United States. The control of liquor on the 
Tribe's Tribal Lands remains exclusively subject to the legislative 
enactments of the Tribe in its exercise of its governmental powers over 
Tribal Lands, and the United States.
    B. Federal law prohibits the introduction of liquor into Indian 
Country (18 U.S.C. Sec. 1154), and authorized tribes to decide when and 
to what extent liquor transactions, sales, possession and service shall 
be permitted on their Tribal Lands (18 U.S.C. Sec. 1161).
    C. Pursuant to the authority in Article VII, Sec. 1 of the Tribe's 
Constitution, the Tribal Council has the authority ``manage, control 
and administer the affairs of the tribe and shall determine its 
policies and procedures.''
    D. The enactment of this Liquor Ordinance to govern liquor sales 
and service on Tribal Lands, will increase the ability of the Tribe to 
control liquor distribution and possession on Tribal Lands, 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 at tribal gaming 
facilities, tribal hotels, concert venues and golf courses.

SECTION 1.3. DEFINITIONS

    A. Unless otherwise required by the context, the term ``liquor'' as 
used throughout this Liquor Ordinance shall mean ``alcohol'', 
``alcoholic beverages'', ``liqueur or cordial'', ``malt beverages'' and 
``wine'' as those terms are defined by the Massachusetts State Liquor

[[Page 43113]]

Control Act, M.G.L. Chapter 138 Section 1 as amended and incorporated 
by reference herein.
    B. ``Tribal Lands'' means all ``Settlement Lands'' as defined by 
the Massachusetts Indian Land Claim Settlement Act, 25 U.S.C. 1771 et 
seq., as the ``private settlement lands'' described in paragraph 6 of 
the Joint Memorandum of Understanding Concerning Settlement of the Gay 
Head, Massachusetts, Indian Land Claims'' executed on November 22, 1983 
(``Settlement Agreement'') and ``public settlement lands'' described in 
paragraph 4 of the Settlement Agreement as:
    1. Public Settlement Lands: The Common Lands consisting of 238 
acres (which include the Cranberry Lands, the Face of the Cliffs, and 
the Herring Creek), including the Menemsha Lands legally described as:

Parcel One: The Cranberry Lands

    These lands consist of the parcels shown on the Assessors Maps of 
the Town of Gay Head, as those maps configured on the date of this deed 
(the ``Assessors Maps'') as follows: Map 3, Parcel 1 and Map 4, Parcel 
63.

Parcel Two: The Face of the Cliffs

    ``The clay in the cliffs'' as set forth in a set-off of the same 
dated December 21, 1878, in Dukes County Probate Court Proceedings Case 
No. D1-235, EXCEPTING AND EXCLUDING all property shown as Lot A on a 
``Plan of Land in Gay Head, Mass. Surveyed for Trustees of Aquinnah 
Realty Trust, June 8, 1989, scale 1 in. = 30 ft., Vineyard Haven 
Surveying, Box 1548, Beach Road, Vineyard Haven, MA 02568,'' and 
consisting of 504 Sq. Ft., which Plan is recorded in the Dukes County 
Registry of Deeds as Gay Head Case File No. 85.

Parcel Four: The Herring Creek

    Those rights reserved in a set off dated December 21, 1878, in 
Dukes County Probate Proceeding Case No. D1-235, in the Herring 
Fishery, for the purpose of fishing and clearing the creeks, a strip of 
land one rod wide on each side of the creek, so long as the said 
reservation may be needed for that purpose. The approximate location of 
Herring Creek is shown on Gay Head Assessor's Map 11. Said Creek runs 
through Lots 381, 382, 383 and 384 on said Partition Plan, above 
mentioned, and said Creek also runs through The Cook Lands, which is 
Parcel Three, above mentioned.
    2. Private Settlement Lands: The former Strock Estate consisting of 
three parcels of about 175 acres legally described as ``The land in Gay 
Head, Dukes County, Massachusetts, shown as Lots 68, 71, 72, 73, 80, 
86, 179, 246, 254, 294, 299, 300, 309, 316, 319, 324, and 325 on a 
``Plan of Gay Head Showing the Partition of the Common Lands as Made by 
Joseph T. Pease and Richard L. Pease, Commissioners, by John H. Millen, 
Civil Engineer on file with Dukes County Probate Court.'';
    3. Any lands title to which is held in trust by the United States 
for the benefit of the Tribe or individual tribal member of the Tribe, 
or held by the Tribe or individual member of the Tribe subject to 
restriction by the United States against alienation and over which the 
Tribe exercises governmental power; and
    4. All lands acquired into trust for the benefit of the Tribe.
    C. ``Tribe'' means the Wampanoag Tribe of Gay Head (Aquinnah).

SECTION 1.4. JURISDICTION

    To the extent permitted by applicable law, the Tribe asserts 
jurisdiction to determine whether liquor sales and service are 
permitted on Tribal Lands. As provided in section 1.6 of this 
Ordinance, liquor sales and service are limited to tribal gaming 
facilities, tribal hotels, concert venues and golf courses. Nothing in 
this Ordinance is intended nor shall be construed to limit the 
jurisdiction of the Tribe over Tribal Lands.

SECTION 1.5. RELATION TO OTHER LAWS

    All prior ordinances, resolutions and motions of the Tribe 
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 Ordinance. No Tribal business licensing law or 
other Tribal law shall be applied in a manner inconsistent with the 
provisions of this Ordinance.

SECTION 1.6. AUTHORIZED SALE AND SERVICE OF LIQUOR

    Liquor may be offered for sale and may be served on Tribal Lands 
only at tribal gaming facilities, and at tribal hotels, concert venues, 
and golf courses. Any other liquor sales are strictly prohibited.

SECTION 1.7. PROHIBITIONS

    A. General Prohibitions. The commercial introduction of liquor for 
sales and service, other than as permitted by this Ordinance, is 
prohibited within Tribal Lands, 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 Ordinance and violators of this Ordinance shall be 
subject to federal prosecution as well as to legal action in accordance 
with the law of the Tribe.
    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 Ordinance are 
permitted only at the authorized locations as set forth in section 1.6 
of this Ordinance. No open containers of liquor, or unopened containers 
of liquor in bottles, cans, or otherwise may be permitted outside of 
those premises.
    D. No person shall sell any liquor to any person obviously under 
the influence of liquor.
    E. No person who is obviously under the influence of liquor may 
purchase or consume liquor on any authorized premises.

SECTION 1.8. CONFORMITY WITH STATE LAW

    Authorized liquor sales and service on Tribal Lands shall comply 
with Massachusetts State Liquor Control Act standards to the extent 
required by 18 U.S.C. Sec. 1161.

SECTION 1.9. PENALTY

    A. Any person or entity possessing, selling, serving, bartering, or 
manufacturing liquor products in violation of any part of this 
Ordinance 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 Ordinance, and violators may be subject 
to exclusion from Tribal Lands.
    B. In addition, persons or entities subject to the criminal 
jurisdiction of the Tribe who violate this Ordinance shall be subject 
to criminal penalties as provided in applicable tribal criminal law.
    C. All contraband liquor shall be confiscated by an authorized law 
enforcement agent.
    D. The Aquinnah Judiciary shall have exclusive jurisdiction to 
enforce this Ordinance and the civil fines, criminal punishment and 
exclusion authorized by this section.

[[Page 43114]]

SECTION 1.10. SOVEREIGN IMMUNITY PRESERVED

    Nothing in this Ordinance is intended or shall be construed as a 
waiver of the sovereign immunity of the Tribe. No manager or employee 
of the Tribe or the Aquinnah Wampanoag Gaming Corporation shall be 
authorized, nor shall they attempt, to waive the sovereign immunity of 
the Tribe pursuant to this Ordinance.

SECTION 1.11. SEVERABILITY

    If any provision or provisions in this Ordinance are held invalid 
by a court of competent jurisdiction, this Ordinance shall continue in 
effect as if the invalid provision(s) were not a part hereof.

SECTION 1.12. EFFECTIVE DATE

    This Ordinance shall be effective following approval by the Tribal 
Council 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. 2015-17903 Filed 7-20-15; 8:45 am]
 BILLING CODE 4337-15-P