80_FR_43251 80 FR 43112 - Wampanoag Tribe of Gay Head (Aquinnah) Liquor Control Ordinance 14-01

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)

Page Range43112-43114
FR Document2015-17903

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 Issue 139 (Tuesday, July 21, 2015)
[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.

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

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



                                                    43112                           Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices

                                                    be subject to criminal prosecution by                    as a waiver of sovereign immunity or                  Assistant Secretary—Indian Affairs. I
                                                    the Pueblo for the purchasing,                           rights of the Pueblo.                                 certify that the Wampanoag Tribe of Gay
                                                    possessing, selling, delivering, bartering,              [FR Doc. 2015–17887 Filed 7–20–15; 8:45 am]           Head Tribal (Aquinnah) Tribal Council
                                                    or manufacturing liquor products in                      BILLING CODE 4337–15–P                                duly adopted the Aquinnah Wampanoag
                                                    violation of any part of this Act, or of                                                                       Liquor Ordinance 14–01 by Resolution
                                                    any rule or regulation adopted pursuant                                                                        No. 2014–34 on September 17, 2014.
                                                    to this Act.                                             DEPARTMENT OF THE INTERIOR
                                                                                                                                                                     Dated: July 14, 2015.
                                                      Section 3.5 Exclusion. For good and
                                                                                                             Bureau of Indian Affairs                              Kevin K. Washburn,
                                                    sufficient cause found, the Tribal Court
                                                    may exclude from the Pueblo Lands any                                                                          Assistant Secretary—Indian Affairs.
                                                                                                             [156A2100DD/AAKC001030/A0A501010.
                                                    person who engages in an activity or                     999900 253G]                                            Ordinance 14–01 Aquinnah
                                                    activities prohibited by this Act to the                                                                       Wampanoag Liquor Ordinance shall
                                                    extend such exclusion is not                             Wampanoag Tribe of Gay Head                           read as follows:
                                                    inconsistent with Pueblo law.                            (Aquinnah) Liquor Control Ordinance                   SECTION 1.1. TITLE
                                                      Section 3.6 Contraband. Any liquor                     14–01
                                                    that is possessed contrary to the terms                                                                          This Ordinance shall be known as the
                                                                                                             AGENCY:    Bureau of Indian Affairs,                  Aquinnah Wampanoag Liquor
                                                    of this Act are declared to be
                                                                                                             Interior.                                             Ordinance (‘‘Tribe’’) and shall be
                                                    contraband. Any tribal agent, employee
                                                    or officer who is authorized by the                      ACTION:  Notice.                                      referenced as the Liquor Ordinance.
                                                    Governor to enforce this Act shall have                  SUMMARY:   This notice publishes the                  SECTION 1.2. FINDINGS AND
                                                    the authority to, and shall seize all                    liquor ordinance of the Wampanoag                     PURPOSE
                                                    contraband. Any officer seizing                          Tribe of Gay Head (Aquinnah). This
                                                    contraband shall preserve the                                                                                     A. The introduction, possession, and
                                                                                                             ordinance regulates and controls the                  sale of liquor in Indian Country has
                                                    contraband in accordance with the                        possession, sale and consumption of
                                                    applicable law of the Pueblo or state                                                                          historically been recognized as a matter
                                                                                                             liquor within the jurisdiction of the                 of special concern to Indian tribes and
                                                    law. Upon being found in violation of                    Wampanoag Tribe of Gay Head
                                                    this Act by the Tribal Court, the person                                                                       to the United States. The control of
                                                                                                             (Aquinnah). The ordinance will increase               liquor on the Tribe’s Tribal Lands
                                                    shall forfeit all right, title, and interest             the ability of the Wampanoag Tribe of
                                                    in the items seized and they shall                                                                             remains exclusively subject to the
                                                                                                             Gay Head (Aquinnah) to control liquor                 legislative enactments of the Tribe in its
                                                    become the property of the Pueblo.                       distribution and possession on tribal                 exercise of its governmental powers
                                                    Chapter 4. Miscellaneous                                 lands and Indian country, and at the                  over Tribal Lands, and the United
                                                                                                             same time will provide an important                   States.
                                                       Section 4.1 Effective Date. This Act                  source of revenue for the strengthening
                                                    shall take effect thirty days after the date                                                                      B. Federal law prohibits the
                                                                                                             of the tribal government and the                      introduction of liquor into Indian
                                                    of publication in the Federal Register by                delivery of tribal services.
                                                    the Secretary of the Interior or the                                                                           Country (18 U.S.C. Sec. 1154), and
                                                                                                             DATES: Effective Date: This code shall                authorized tribes to decide when and to
                                                    Secretary’s designee.
                                                       Section 4.2 Repeal of Inconsistent                    become effective July 21, 2015.                       what extent liquor transactions, sales,
                                                    Law or Provisions. The Pueblo’s                          FOR FURTHER INFORMATION CONTACT: Ms.                  possession and service shall be
                                                    Ordinance Legalizing the Introduction,                   Sherry Lovin, Acting Regional Tribal                  permitted on their Tribal Lands (18
                                                    Possession and Sale of Intoxicants,                      Government Officer, Southern Plains                   U.S.C. Sec. 1161).
                                                    dated January 15, 1976, and published                    Regional Office, Bureau of Indian                        C. Pursuant to the authority in Article
                                                    in the January 22, 1976 Federal Register                 Affairs, P.O. Box 368, Anadarko,                      VII, Sec. 1 of the Tribe’s Constitution,
                                                    is hereby repealed in its entirety.                      Oklahoma 73005, Telephone: (405) 247–                 the Tribal Council has the authority
                                                    Further, any and all Council resolutions,                1534, Fax: (405) 247–9240; or Ms.                     ‘‘manage, control and administer the
                                                    or provisions in the Pueblo de San                       Laurel Iron Cloud, Chief, Division of                 affairs of the tribe and shall determine
                                                    Ildefonso Civil and Criminal Code, or                    Tribal Government Services, Office of                 its policies and procedures.’’
                                                    other laws, which conflict in any way                    Indian Services, Bureau of Indian                        D. The enactment of this Liquor
                                                    with the provisions of this Act are                      Affairs, 1849 C Street NW., MS–4513–                  Ordinance to govern liquor sales and
                                                    hereby repealed to the extent that they                  MIB, Washington, DC 20240,                            service on Tribal Lands, will increase
                                                    are inconsistent with or conflict with or                Telephone: (202) 513–7641.                            the ability of the Tribe to control liquor
                                                    are contrary to the spirit and/or purpose                SUPPLEMENTARY INFORMATION: Pursuant                   distribution and possession on Tribal
                                                    of this Act.                                             to the Act of August 15, 1953, Public                 Lands, and at the same time will
                                                       Section 4.3 Severability. If any                      Law 83–277, 67 Stat. 586, 18 U.S.C.                   provide an important source of revenue
                                                    provision of this Act is found to be                     1161, as interpreted by the Supreme                   for the continued operation of Tribal
                                                    unconstitutional or unlawful by the                      Court in Rice v. Rehner, 463 U.S. 713                 government and the delivery of
                                                    Pueblo de San Ildefonso Tribal Courts or                 (1983), the Secretary of the Interior shall           governmental services, as well as
                                                    Federal Courts, such provision(s) shall                  certify and publish in the Federal                    provide an amenity to customers at
                                                    be stricken and the remainder of this                    Register notice of adopted liquor                     tribal gaming facilities, tribal hotels,
                                                    Act shall continue in full force and                     ordinances for the purpose of regulating              concert venues and golf courses.
                                                                                                             liquor transactions in Indian country.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    effect.
                                                                                                                                                                   SECTION 1.3. DEFINITIONS
                                                       Section 4.4 Amendment. The Council                    The Wampanoag Tribe of Gay Head
                                                    may amend this Act upon majority vote                    Tribal (Aquinnah) Tribal Council duly                    A. Unless otherwise required by the
                                                    of the Council, subject to the                           adopted the Aquinnah Wampanoag                        context, the term ‘‘liquor’’ as used
                                                    publication in the Federal Register by                   Liquor Ordinance 14–01 on September                   throughout this Liquor Ordinance shall
                                                    the Secretary of the Interior or his                     17, 2014.                                             mean ‘‘alcohol’’, ‘‘alcoholic beverages’’,
                                                    designee.                                                   This notice is published in                        ‘‘liqueur or cordial’’, ‘‘malt beverages’’
                                                       Section 4.5 Sovereign Immunity.                       accordance with the authority delegated               and ‘‘wine’’ as those terms are defined
                                                    Nothing in this Act shall be construed                   by the Secretary of the Interior to the               by the Massachusetts State Liquor


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                                                                                    Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices                                           43113

                                                    Control Act, M.G.L. Chapter 138 Section                  Dukes County, Massachusetts, shown as                 Indian Country shall remain applicable
                                                    1 as amended and incorporated by                         Lots 68, 71, 72, 73, 80, 86, 179, 246, 254,           to any person, act, or transaction which
                                                    reference herein.                                        294, 299, 300, 309, 316, 319, 324, and                is not authorized by this Ordinance and
                                                       B. ‘‘Tribal Lands’’ means all                         325 on a ‘‘Plan of Gay Head Showing                   violators of this Ordinance shall be
                                                    ‘‘Settlement Lands’’ as defined by the                   the Partition of the Common Lands as                  subject to federal prosecution as well as
                                                    Massachusetts Indian Land Claim                          Made by Joseph T. Pease and Richard L.                to legal action in accordance with the
                                                    Settlement Act, 25 U.S.C. 1771 et seq.,                  Pease, Commissioners, by John H.                      law of the Tribe.
                                                    as the ‘‘private settlement lands’’                      Millen, Civil Engineer on file with                      B. Age Restrictions. No person shall
                                                    described in paragraph 6 of the Joint                    Dukes County Probate Court.’’;                        be authorized to serve liquor unless they
                                                    Memorandum of Understanding                                3. Any lands title to which is held in              are at least 21 years of age. No person
                                                    Concerning Settlement of the Gay Head,                   trust by the United States for the benefit            may be served liquor unless they are 21
                                                    Massachusetts, Indian Land Claims’’                      of the Tribe or individual tribal member              years of age.
                                                    executed on November 22, 1983                            of the Tribe, or held by the Tribe or
                                                    (‘‘Settlement Agreement’’) and ‘‘public                  individual member of the Tribe subject                   C. Off Premises Consumption of
                                                    settlement lands’’ described in                          to restriction by the United States                   Liquor.
                                                    paragraph 4 of the Settlement                            against alienation and over which the                    1. All liquor sales and service
                                                    Agreement as:                                            Tribe exercises governmental power;                   authorized by this Ordinance are
                                                       1. Public Settlement Lands: The                       and                                                   permitted only at the authorized
                                                    Common Lands consisting of 238 acres                       4. All lands acquired into trust for the            locations as set forth in section 1.6 of
                                                    (which include the Cranberry Lands, the                  benefit of the Tribe.                                 this Ordinance. No open containers of
                                                    Face of the Cliffs, and the Herring                        C. ‘‘Tribe’’ means the Wampanoag                    liquor, or unopened containers of liquor
                                                    Creek), including the Menemsha Lands                     Tribe of Gay Head (Aquinnah).                         in bottles, cans, or otherwise may be
                                                    legally described as:                                                                                          permitted outside of those premises.
                                                                                                             SECTION 1.4. JURISDICTION
                                                    Parcel One: The Cranberry Lands                            To the extent permitted by applicable                  D. No person shall sell any liquor to
                                                       These lands consist of the parcels                    law, the Tribe asserts jurisdiction to                any person obviously under the
                                                    shown on the Assessors Maps of the                       determine whether liquor sales and                    influence of liquor.
                                                    Town of Gay Head, as those maps                          service are permitted on Tribal Lands.                   E. No person who is obviously under
                                                    configured on the date of this deed (the                 As provided in section 1.6 of this                    the influence of liquor may purchase or
                                                    ‘‘Assessors Maps’’) as follows: Map 3,                   Ordinance, liquor sales and service are               consume liquor on any authorized
                                                    Parcel 1 and Map 4, Parcel 63.                           limited to tribal gaming facilities, tribal           premises.
                                                                                                             hotels, concert venues and golf courses.
                                                    Parcel Two: The Face of the Cliffs                                                                             SECTION 1.8. CONFORMITY WITH
                                                                                                             Nothing in this Ordinance is intended
                                                       ‘‘The clay in the cliffs’’ as set forth in            nor shall be construed to limit the                   STATE LAW
                                                    a set-off of the same dated December 21,                 jurisdiction of the Tribe over Tribal                   Authorized liquor sales and service
                                                    1878, in Dukes County Probate Court                      Lands.                                                on Tribal Lands shall comply with
                                                    Proceedings Case No. D1–235,
                                                                                                             SECTION 1.5. RELATION TO OTHER                        Massachusetts State Liquor Control Act
                                                    EXCEPTING AND EXCLUDING all
                                                                                                             LAWS                                                  standards to the extent required by 18
                                                    property shown as Lot A on a ‘‘Plan of
                                                                                                                                                                   U.S.C. Sec. 1161.
                                                    Land in Gay Head, Mass. Surveyed for                       All prior ordinances, resolutions and
                                                    Trustees of Aquinnah Realty Trust, June                  motions of the Tribe regulating,                      SECTION 1.9. PENALTY
                                                    8, 1989, scale 1 in. = 30 ft., Vineyard                  authorizing, prohibiting, or in any way
                                                    Haven Surveying, Box 1548, Beach                         dealing with the sale or service of liquor              A. Any person or entity possessing,
                                                    Road, Vineyard Haven, MA 02568,’’ and                    are hereby repealed and are of no                     selling, serving, bartering, or
                                                    consisting of 504 Sq. Ft., which Plan is                 further force or effect to the extent they            manufacturing liquor products in
                                                    recorded in the Dukes County Registry                    are inconsistent or conflict with the                 violation of any part of this Ordinance
                                                    of Deeds as Gay Head Case File No. 85.                   provisions of this Ordinance. No Tribal               shall be subject to a civil fine of not
                                                                                                             business licensing law or other Tribal                more than $500 for each violation
                                                    Parcel Four: The Herring Creek                                                                                 involving possession, but up to $5,000
                                                                                                             law shall be applied in a manner
                                                      Those rights reserved in a set off                     inconsistent with the provisions of this              for each violation involving selling,
                                                    dated December 21, 1878, in Dukes                        Ordinance.                                            bartering, or manufacturing liquor
                                                    County Probate Proceeding Case No.                                                                             products in violation of this Ordinance,
                                                    D1–235, in the Herring Fishery, for the                  SECTION 1.6. AUTHORIZED SALE                          and violators may be subject to
                                                    purpose of fishing and clearing the                      AND SERVICE OF LIQUOR                                 exclusion from Tribal Lands.
                                                    creeks, a strip of land one rod wide on                     Liquor may be offered for sale and                   B. In addition, persons or entities
                                                    each side of the creek, so long as the                   may be served on Tribal Lands only at                 subject to the criminal jurisdiction of
                                                    said reservation may be needed for that                  tribal gaming facilities, and at tribal               the Tribe who violate this Ordinance
                                                    purpose. The approximate location of                     hotels, concert venues, and golf courses.             shall be subject to criminal penalties as
                                                    Herring Creek is shown on Gay Head                       Any other liquor sales are strictly                   provided in applicable tribal criminal
                                                    Assessor’s Map 11. Said Creek runs                       prohibited.                                           law.
                                                    through Lots 381, 382, 383 and 384 on
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    said Partition Plan, above mentioned,                    SECTION 1.7. PROHIBITIONS                               C. All contraband liquor shall be
                                                    and said Creek also runs through The                       A. General Prohibitions. The                        confiscated by an authorized law
                                                    Cook Lands, which is Parcel Three,                       commercial introduction of liquor for                 enforcement agent.
                                                    above mentioned.                                         sales and service, other than as                        D. The Aquinnah Judiciary shall have
                                                      2. Private Settlement Lands: The                       permitted by this Ordinance, is                       exclusive jurisdiction to enforce this
                                                    former Strock Estate consisting of three                 prohibited within Tribal Lands, and is                Ordinance and the civil fines, criminal
                                                    parcels of about 175 acres legally                       hereby declared an offense under Tribal               punishment and exclusion authorized
                                                    described as ‘‘The land in Gay Head,                     law. Federal liquor laws applicable to                by this section.


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                                                    43114                            Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices

                                                    SECTION 1.10. SOVEREIGN                                          DATES:  Effective Date: This code shall                          of the State in which the facility selling
                                                    IMMUNITY PRESERVED                                               become effective 30 days after July 21,                          alcoholic beverages is located, as that
                                                      Nothing in this Ordinance is intended                          2015.                                                            Sales and Use Tax Rate may be
                                                    or shall be construed as a waiver of the                         FOR FURTHER INFORMATION CONTACT: Mr.                             amended from time to time. A local
                                                    sovereign immunity of the Tribe. No                              Todd Gravelle, Tribal Government                                 Sales Tax shall be imposed in an
                                                    manager or employee of the Tribe or the                          Officer, Great Plains Regional Office,                           amount consistent with those sales and
                                                    Aquinnah Wampanoag Gaming                                        Bureau of Indian Affairs, 115 4th                                use taxes, if any, imposed by local
                                                    Corporation shall be authorized, nor                             Avenue SE., Aberdeen, SD, 57401;                                 governments in addition to the State
                                                    shall they attempt, to waive the                                 Telephone: (605) 226–7376; Fax: (605)                            Sales and Use tax. Such sales tax shall
                                                    sovereign immunity of the Tribe                                  226–7379, or Ms. Laurel Iron Cloud,                              be deposited in a specific fund for use
                                                    pursuant to this Ordinance.                                      Chief, Division of Tribal Government                             to prevent and control substance abuse
                                                                                                                     Services, Office of Indian Services,                             on the Reservation.
                                                    SECTION 1.11. SEVERABILITY                                       Bureau of Indian Affairs, 1849 C Street                          [FR Doc. 2015–17906 Filed 7–20–15; 8:45 am]
                                                      If any provision or provisions in this                         NW., MS–4513–MIB, Washington, DC                                 BILLING CODE 4310–02–P
                                                    Ordinance are held invalid by a court of                         20240; Telephone (202) 513–7641.
                                                    competent jurisdiction, this Ordinance                           SUPPLEMENTARY INFORMATION: Pursuant
                                                    shall continue in effect as if the invalid                       to the Act of August 15, 1953, Public                            DEPARTMENT OF THE INTERIOR
                                                    provision(s) were not a part hereof.                             Law 83–277, 67 Stat. 586, 18 U.S.C.                              National Park Service
                                                    SECTION 1.12. EFFECTIVE DATE                                     1161, as interpreted by the Supreme
                                                                                                                     Court in Rice v. Rehner, 463 U.S. 713
                                                      This Ordinance shall be effective                              (1983), the Secretary of the Interior shall                      [NPS–WASO–CONC–18186];
                                                    following approval by the Tribal                                                                                                  [PPWOBSADC0, PPMVSCS1Y.Y00000]
                                                                                                                     certify and publish in the Federal
                                                    Council and approval by the Secretary
                                                                                                                     Register notice of adopted liquor                                Notice of Extension of Concession
                                                    of the Interior or his/her designee and
                                                                                                                     ordinances for the purpose of regulating                         Contracts
                                                    publication in the Federal Register as
                                                                                                                     liquor transactions in Indian country.
                                                    provided by federal law.
                                                    [FR Doc. 2015–17903 Filed 7–20–15; 8:45 am]
                                                                                                                     The Omaha Tribe of Nebraska adopted                              AGENCY:    National Park Service, Interior.
                                                                                                                     this amendment to Title 8, Section 8–3–                          ACTION:   Public notice.
                                                    BILLING CODE 4337–15–P
                                                                                                                     1 of the Omaha Tribal Code by
                                                                                                                     Resolution No. 14–10 on October 24,                              SUMMARY:   The National Park Service
                                                    DEPARTMENT OF THE INTERIOR                                       2013.                                                            hereby gives public notice that it
                                                                                                                        This notice is published in                                   proposes to extend the following
                                                    Bureau of Indian Affairs                                         accordance with the authority delegated                          expiring concession contracts for a
                                                                                                                     by the Secretary of the Interior to the                          period of up to one (1) year, or until the
                                                    [156A2100DD/AAKC001030/
                                                                                                                     Assistant Secretary—Indian Affairs. I                            effective date of a new contract,
                                                    A0A501010.999900 253G]
                                                                                                                     certify that the Tribal Council of the                           whichever occurs sooner.
                                                    Omaha Tribe of Nebraska—                                         Omaha Tribe of Nebraska duly adopted
                                                                                                                     this amendment to the Omaha Tribe of                             DATES: Effective June 1, 2015.
                                                    Amendment to Alcoholic Beverage
                                                    Control Ordinance                                                Nebraska’s Alcoholic Beverage Control                            FOR FURTHER INFORMATION CONTACT:
                                                                                                                     Ordinance, Title 8, Section 8–3–1 of the                         Brian Borda, Chief, Commercial
                                                    AGENCY:   Bureau of Indian Affairs,                              Omaha Tribal Code on October 24,                                 Services Program, National Park
                                                    Interior.                                                        2013.                                                            Service, 1201 Eye Street NW., 11th
                                                    ACTION: Notice.                                                                                                                   Floor, Washington, DC 20005,
                                                                                                                       Dated: July 14, 2015.
                                                                                                                     Kevin K. Washburn                                                Telephone: 202–513–7156.
                                                    SUMMARY:   This notice publishes the
                                                    amendment to the Omaha Tribe of                                  Assistant Secretary—Indian Affairs.                              SUPPLEMENTARY INFORMATION: Pursuant
                                                    Nebraska’s Alcoholic Beverage Control                               The amendment to the Omaha Tribe                              to 36 CFR 51.23, the National Park
                                                    Ordinance, Title 8, Section 8–3–1 of the                         of Nebraska’s Alcoholic Beverage                                 Service has determined the proposed
                                                    Omaha Tribal Code, to make the tribal                            Control Ordinance, Title 8, Section 8–3–                         short-term extensions are necessary to
                                                    sales tax on the purchase of alcoholic                           1 of the Omaha Tribal Code shall read                            avoid interruption of visitor services
                                                    beverages consistent with the sales and                          as follows:                                                      and has taken all reasonable and
                                                    use tax laws of the state. The amended                              SECTION 8–3–1. Sales Tax Levied.                              appropriate steps to consider
                                                    Omaha Tribe of Nebraska’s Alcoholic                                 There is hereby imposed a Sales Tax                           alternatives to avoid such interruption.
                                                    Beverage Control Ordinance, Title 8,                             on the purchase of alcoholic beverages                           The publication of this notice merely
                                                    Section 8–3–1 of the Omaha Tribal Code                           from any retail licensee licensed under                          reflects the intent of the National Park
                                                    was last published in the Federal                                the provisions of this title and said Sales                      Service but does not bind the National
                                                    Register on February 28, 2006 (71 FR                             Tax shall be consistent with that of the                         Park Service to extend any of the
                                                    10056).                                                          prevailing Base Sales and Use Tax Rate                           contracts listed below.

                                                         CONCID                                              Concessioner                                                                         Park unit

                                                    ANIA903–05 .......    Joe Klutsch ...............................................................................   Aniakchak National Monument & Preserve.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    ANIA904–05 .......    Jay M. King ..............................................................................    Aniakchak National Monument & Preserve.
                                                    ANIA906–05 .......    Cinder River Lodge Alaska, LLC .............................................                  Aniakchak National Monument & Preserve.
                                                    DENA003–15 .....      Eric Jayne ................................................................................   Denali National Park & Preserve.
                                                    DENA005–04 .....      Rainier Mountaineering, Inc. ....................................................             Denali National Park & Preserve.
                                                    DENA006–04 .....      Mountain Trip International, Inc. ..............................................              Denali National Park & Preserve.
                                                    DENA008–04 .....      Alaska Mountaineering School, LLC ........................................                    Denali National Park & Preserve.
                                                    DENA009–04 .....      Alpine Ascents International, Inc. ............................................               Denali National Park & Preserve.
                                                    DENA010–04 .....      American Alpine Institute, Ltd. .................................................             Denali National Park & Preserve.
                                                    DENA011–04 .....      National Outdoor Leadership School .......................................                    Denali National Park & Preserve.



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Document Created: 2018-02-23 09:23:06
Document Modified: 2018-02-23 09:23:06
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 code shall become effective July 21, 2015.
ContactMs. 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.
FR Citation80 FR 43112 

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