81 FR 1198 - Stillaguamish Tribe of Indians-Amendment to Liquor Control Ordinance
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 81, Issue 6 (January 11, 2016)
Bureau of Indian Affairs
Federal Register Volume 81, Issue 6 (January 11, 2016)
| Page Range | 1198-1200 | |
| FR Document | 2016-00334 |
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)] [Notices] [Pages 1198-1200] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00334] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [167 A2100DD/AAKC001030/A0A501010.999900] Stillaguamish Tribe of Indians--Amendment to Liquor Control Ordinance AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice publishes the Stillaguamish Tribe of Indians Liquor Control Ordinance. The ordinance allows the Tribe to manufacture beer, and allows for the sale, distribution, and tribal taxation of beer within the jurisdiction of the Stillaguamish Tribe of Indians. This Ordinance repeals and replaces the previous liquor control ordinance published in the Federal Register on June 12, 2012 (77 FR 34982). DATES: This ordinance is effective January 11, 2016. FOR FURTHER INFORMATION CONTACT: Mr. Gregory Norton, Tribal Government [[Page 1199]] Officer, Northwest Regional Office, Bureau of Indian Affairs, 911 NE 11th Avenue, Portland, OR 97232; Telephone: (503) 231-6702; Fax: (503) 231-2201, 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 Stillaguamish Tribe of Indians duly adopted Resolution Number 2015/099 on May 28, 2015. 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 Stillaguamish Tribe of Indians duly adopted this amendment to the Stillaguamish Tribe of Indians Liquor Ordinance by Resolution Number 2015/099 on May 28, 2015. Dated: December 21, 2015. Kevin K. Washburn, Assistant Secretary--Indian Affairs. SUBCHAPTER 600 STILLAGUAMISH TRIBE OF INDIANS LIQUOR CONTROL ORDINANCE GENERAL PROVISIONS 3.06.600 General Purpose The Stillaguamish Tribe of Indians (Tribe) has a significant interest in protecting the health, safety and general welfare of its members, the residents within the Tribe's Indian Country and those persons and businesses doing business on and/or visiting the Tribe's Indian Country. The purpose of the Ordinance is to exercise the Tribe's jurisdiction to regulate the sale, manufacturing, distribution, and taxation of liquor within the Tribe's Indian Country in conformity with any compact between the Tribe and the State of Washington, Article 10 of the Treaty of Point Elliott of 1855, 12 Stat. 927, to which the Tribe is a party, and in conformity with 18 U.S.C. 1161, and to raise revenues to fund health, safety and general welfare programs and services provided to Tribal members and residents of and visitors to land within the Tribe's territorial jurisdiction. The authority to protect the Tribe as a sovereign political entity and to adopt the Ordinance codified herein is vested in the Stillaguamish Tribe of Indians, Board of Directors under Article III and Article V, Sec. 1 of the Constitution, which Board has enumerated authority under Article V, Sec. 1 (a) to enact a comprehensive law and order code which provides for tribal civil and criminal jurisdiction; under Article V Sec. 1(b) to administer the affairs and assets of the Tribe, including tribal lands and funds; under Article V, Section 1(d) to provide for taxes, assessments, permits and license fees upon members and non-members within the Tribe's jurisdiction; and under Article V Sec. l(h), to exercise other necessary powers to fulfill the Board's obligations, responsibilities and purposes as the governing body of the Tribe; and in the inherent sovereignty of the Stillaguamish Tribe of Indians to regulate its own territory and activities therein. The need exists for strict tribal regulation and control over liquor distribution, manufacturing, sales and taxation within the Tribe's Indian Country. Therefore, in the public interest and for the welfare of the people of the Stillaguamish Tribe of Indians, its employees, the residents of and visitors to Indian Country, the Stillaguamish Board of Directors, in the exercise of its authority under the Tribe's Constitution, declares its purpose by the provisions of this Subchapter to regulate the sale, manufacturing and distribution of liquor. 3.06.601 Scope (1) This Subchapter shall apply to the full extent of the sovereign jurisdiction of the Tribe. (2) Compliance with this Subchapter is hereby made a condition of the use of any land or premises within the Tribe's Indian Country. (3) Any person who resides, conducts business, engages in a business transaction, receives benefits from the Tribe, acts under tribal authority, or enters the Tribe's Indian Country shall be deemed to have consented to the following: (a) To be bound by the terms of this Subchapter; (b) To the exercise of the exclusive jurisdiction of the Stillaguamish tribal Court for legal actions arising pursuant to this Subchapter; and (c) To detainment, service of summons and process, and search and seizure, in conjunction with legal actions arising pursuant to this Subchapter. (4) No portion of this Ordinance and Subchapter shall be construed as contrary to Federal law. 3.06.602 Repeal of Prior Liquor Control Laws (1) All ordinances and resolutions of the Tribe regulating, authorizing, prohibiting or in any way dealing with the sale of liquor heretofore enacted or now in effect are hereby repealed and are declared to be of no further force and effect, with the exception of the provisions of the Stillaguamish Tribe of Indians Law and Order Code, including but not limited to the provisions of Chapter 8.40, Alcohol-Related Offenses. (2) The provisions of this Subchapter shall be prospective only from the date of its effectiveness. Nothing contained herein shall be deemed to revoke any presently existing valid license or permit or renewal thereof previously issued by the Washington State Liquor Control Board or the exercise of privilege given thereunder to any retailer subject to the provisions of this Subchapter. 3.06.603 Definitions All definitions of the Taxation Code Section 3.06.201 apply herein unless the terms are otherwise defined in this Subchapter. For purposes of this Subchapter, whenever any of the following words, terms or definitions is used herein, they shall have the meaning ascribed to them in this Subchapter: (1) ``Brewer'' or ``brewery'' means any person engaged in the business of manufacturing beer and malt liquor and as such terms are further defined in the Revised Code of Washington in RCW 66.04.010. (2) ``Indian Country,'' consistent with the meaning given in 18 U.S.C. 1151 means: (a) all land within the limits of the Stillaguamish Indian Reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and, including rights of way running through the reservation; and (b) all Indian allotments or other lands held in trust for the Tribe or a member of the Tribe, including rights of way running through the same. (3) ``Liquor'' means the four varieties of liquor (alcohol, spirits, wine, and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and as such term and the four varieties thereof are further defined in the Revised Code of Washington in RCW 66.04.010. (4) ``Malt beverage'' or ``malt liquor'' means any beverage such as beer, ale, lager beer, stout, and porter obtained by [[Page 1200]] the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than eight percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume. For purposes this Subchapter, any such beverage containing more than eight percent of alcohol by weight shall be referred to as ``strong beer.'' (5) ``Manufacturer'' means a person engaged in the preparation and manufacturing of liquor for sale, in any form whatsoever. (6) ``Sale'' and ``sell'' means the same as such terms are defined in the Revised Code of Washington in RCW 66.04.010. (7) ``Tribal retailer'' means a liquor retailer wholly owned by the Stillaguamish Tribe of Indians and located in Indian Country. (8) ``Tribally-licensed retailer'' means a person who has a business license from the Tribe to sell liquor at retail from a business located in Indian Country. 3.06.604 Stillaguamish Tax Commission The Board hereby authorizes the Tax Commission of the Stillaguamish Tribe of Indians to administer this Subchapter, including general control, management and supervision of all liquor sales, manufacturing, and distribution, places of sale and sales outlets, and to exercise all of the powers and accomplish all of the purposes thereof as hereinafter set forth any do the following acts and things for and on behalf of and in the name of the Tribe: (1) Adopting and enforcing rules and regulations for the purpose of carrying into effect the provisions of this Subchapter the performance of its functions; (2) Collecting, auditing and issuing fees, licenses, taxes and permits; and (3) Performing all matters and things incidental to and necessary to conduct its business and carry out its duties and functions under this Subchapter. LICENSE REQUIRED 3.06.610 License Required of Tribal Retailers and Tribally-licensed Retailers Every person engaging in the business of selling, manufacturing, or distributing liquor within the Tribe's Indian Country, including but not limited to a brewery, shall secure a business license from the Tribe in the manner provided for by Subchapter 100 of this Title (``Business Licenses'') and otherwise comply with all provisions of Subchapter 100. 3.06.611 Prohibitions (1) The manufacture, purchase, sale, and dealing in liquor within Tribe's Indian Country by any person, party, firm, or corporation except pursuant to the control, licensing, and regulation of the Stillaguamish Tax Commission, is hereby declared unlawful. Without limitation as to any other penalties and fines that may apply, any violation of this subsection is an infraction punishable by a fine of up to five hundred dollars ($500.00). (2) Every person engaging in the business of manufacturing, distributing or selling liquor within the Tribe's Indian Country shall comply with the provisions of Chapter 8.40, Alcohol-Related Offenses, of the Stillaguamish Tribe of Indians Law and Order Code, the provisions of which are re-affirmed and are specifically incorporated herein by this reference. Any violation of this subsection is punishable pursuant to the penalty provisions of Chapter 8.40, Alcohol- Related Offenses of the Stillaguamish Tribe of Indians Law and Order Code. 3.06.612 Conformity with State Law as Required Tribal retailers and tribally-licensed retailers shall comply with any applicable Washington State liquor law standards to the extent required by 18 U.S.C. 1161 and the Agreement Between the Washington State Liquor Control Board and the Stillaguamish Indian Tribe for Purchase and Resale of Liquor in Indian Country (``Agreement''), if any. To the extent provisions of this Subchapter conflict with the Agreement, the terms of the Agreement control. TAXATION 3.06.620 Tribal Liquor Tax The Tribe expressly reserves its inherent sovereign right to regulate the use and sale of liquor through the imposition of tribal taxes thereon. The Board hereby authorizes and expressly reserves its authority to impose a tribal Liquor Tax on sales of all alcoholic beverages, including packaged and retail sales of liquor, wine, and beer, at a rate determined to be fair and equitable by the Board through independent action. 3.06.621 Liquor Sales Not Subject to Tribal Retail Sales Tax The Tribe's Retail Sales Tax shall not apply to retail sales of liquor. ADMINISTRATION 3.06.630 Severability If any section, provision, phrase, addition, word, sentence or amendment of this Subchapter or its application to any person is held invalid, such invalidity shall not affect the other provisions or applications of this Subchapter that can be given effect without the invalid application, and to that end the provisions of this Subchapter are declared severable. 3.06.631 Nondiscrimination No provision of this Subchapter shall be construed as imposing a regulation or tax that discriminates on the basis of whether a retail liquor establishment is owned, managed or operated by a member of the Tribe. 3.06.632 Effective Date This Subchapter shall be and become effective upon publication by the United States Department of the Interior's certification in the Federal Register. 3.06.633 Sovereign Immunity Nothing in this Subchapter shall be construed as a waiver or limitation of the inherent sovereign immunity of the Tribe. Ordinance 2008/060 enacting this Title 3, Chapter 6 took effect on April 30, 2008, at 6:00 p.m. upon the approval of its provisions by the Board of Directors of the Stillaguamish Tribe of Indians, which date was April 28, 2008. Title 3, Chapter 6 of the Tribe's Law and Order Code was repealed and replaced with this Title, as amended by resolution 2011/048, enacted by the Board of Directors of the Stillaguamish Tribe of Indians on April 14, 2011, as amended by resolution 2012/146 dated September 27, 2012, as amended by resolution 2015/099 dated May 28, 2015. [FR Doc. 2016-00334 Filed 1-8-16; 8:45 am] BILLING CODE 4337-15-P
![1198 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
ADDRESSES: Please submit written systems, meeting GPEA requirements. III. Request for Comments
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Attention: Desk Officer for the ‘‘profile’’ for each species that contains including whether the information is
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also forward a copy of your comments that mimics the datasheets. the use of automated collection
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II. Data
collection to the Information Collection technology.
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Survey, 12201 Sunrise Valley Drive MS Form Number: Various (12 forms).
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personal mailing address, phone
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Type of Request: Extension without number, email address, or other
Please reference ‘OMB Information personally identifiable information in
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Frequency of Collection: On occasion. your personally identifiable
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During the Spring and Fall seasons
FOR FURTHER INFORMATION CONTACT: Jake available at any time. While you can ask
when phenology is changing quickly,
Weltzin, U.S. Geological Survey, 325 we recommend respondents make us and the OMB in your comment to
BioSciences East, 1311 East 4th Street, observations once or twice per week as withhold your personal identifying
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3821 (phone); or jweltzin@usgs.gov Description of Respondents: Members cannot guarantee that it will be done.
(email). You may also find information of the public, and state and local Jake Weltzin,
about this ICR at www.reginfo.gov. government workers. Program Manager, Status & Trends Program
SUPPLEMENTARY INFORMATION: Estimated Total Number of Annual and Executive Director, USA National
I. Abstract Responses: We project that 6,378 Phenology Network.
responders will register with Nature’s [FR Doc. 2016–00266 Filed 1–8–16; 8:45 am]
The USA National Phenology Notebook, and of those 638 will watch BILLING CODE 4338–11–P
Network (USA–NPN) is a program the training videos. The same 6,378
sponsored by the USGS that uses responders will contribute 2,407,120
standardized forms for tracking plant observation records. In total, this will DEPARTMENT OF THE INTERIOR
and animal activity as part of a project result in 2,414,136 responses.
called Nature’s Notebook. The Nature’s Estimated Time per Response: When Bureau of Indian Affairs
Notebook forms are used to record joining the program, responders spend
phenology (e.g., timing of leafing or [167 A2100DD/AAKC001030/
13 minutes each to register and read A0A501010.999900]
flowering of plants and reproduction or guidelines and 83 minutes to watch all
migration of animals) as part of a training videos. After that responders Stillaguamish Tribe of Indians—
nationwide effort to understand and may spend about 2 minutes per record Amendment to Liquor Control
predict how plants and animals respond to observe and submit phenophase Ordinance
to environmental variation and changes status record.
in weather and climate. Contemporary Estimated Annual Burden Hours: AGENCY: Bureau of Indian Affairs,
data collected through Nature’s 82,502. Interior.
Notebook are quality-checked, described Estimated Reporting and ACTION: Notice.
and made publicly available. Data are Recordkeeping ‘‘Non-Hour Cost’’
used to inform decision-making in a Burden: $11,274. SUMMARY: This notice publishes the
variety of contexts, including Public Disclosure Statement: The PRA Stillaguamish Tribe of Indians Liquor
agriculture, drought monitoring, and (44 U.S.C. 3501, et seq.) provides that an Control Ordinance. The ordinance
wildfire risk assessment. Phenological agency may not conduct or sponsor and allows the Tribe to manufacture beer,
information is also critical for the you are not required to respond to a and allows for the sale, distribution, and
management of wildlife, invasive collection of information unless it tribal taxation of beer within the
species, and agricultural pests, and for displays a currently valid OMB control jurisdiction of the Stillaguamish Tribe
understanding and managing risks to number. of Indians. This Ordinance repeals and
ebenthall on DSK6SPTVN1PROD with NOTICES
human health and welfare, including Comments: On August 7, 2015, we replaces the previous liquor control
allergies, asthma, and vector-borne published a Federal Register notice (80 ordinance published in the Federal
diseases. Participants may contribute FR 47511) announcing that we would Register on June 12, 2012 (77 FR 34982).
phenology information to Nature’s submit this ICR to OMB for approval DATES: This ordinance is effective
Notebook through a browser-based web and soliciting comments. The comment January 11, 2016.
application or via mobile applications period closed on October 6, 2015. We FOR FURTHER INFORMATION CONTACT: Mr.
for iPhone and Android operating received no comments. Gregory Norton, Tribal Government
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![1200 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
the alcoholic fermentation of an 3.06.611 Prohibitions any person is held invalid, such
infusion or decoction of pure hops, or (1) The manufacture, purchase, sale, invalidity shall not affect the other
pure extract of hops and pure barley and dealing in liquor within Tribe’s provisions or applications of this
malt or other wholesome grain or cereal Indian Country by any person, party, Subchapter that can be given effect
in pure water containing not more than firm, or corporation except pursuant to without the invalid application, and to
eight percent of alcohol by weight, and the control, licensing, and regulation of that end the provisions of this
not less than one-half of one percent of the Stillaguamish Tax Commission, is Subchapter are declared severable.
alcohol by volume. For purposes this hereby declared unlawful. Without
Subchapter, any such beverage 3.06.631 Nondiscrimination
limitation as to any other penalties and
containing more than eight percent of fines that may apply, any violation of No provision of this Subchapter shall
alcohol by weight shall be referred to as this subsection is an infraction be construed as imposing a regulation or
‘‘strong beer.’’ punishable by a fine of up to five tax that discriminates on the basis of
(5) ‘‘Manufacturer’’ means a person hundred dollars ($500.00). whether a retail liquor establishment is
engaged in the preparation and (2) Every person engaging in the owned, managed or operated by a
manufacturing of liquor for sale, in any business of manufacturing, distributing member of the Tribe.
form whatsoever. or selling liquor within the Tribe’s
(6) ‘‘Sale’’ and ‘‘sell’’ means the same 3.06.632 Effective Date
Indian Country shall comply with the
as such terms are defined in the Revised provisions of Chapter 8.40, Alcohol- This Subchapter shall be and become
Code of Washington in RCW 66.04.010. Related Offenses, of the Stillaguamish effective upon publication by the United
(7) ‘‘Tribal retailer’’ means a liquor States Department of the Interior’s
Tribe of Indians Law and Order Code,
retailer wholly owned by the certification in the Federal Register.
the provisions of which are re-affirmed
Stillaguamish Tribe of Indians and
and are specifically incorporated herein 3.06.633 Sovereign Immunity
located in Indian Country.
by this reference. Any violation of this
(8) ‘‘Tribally-licensed retailer’’ means Nothing in this Subchapter shall be
a person who has a business license subsection is punishable pursuant to the
penalty provisions of Chapter 8.40, construed as a waiver or limitation of
from the Tribe to sell liquor at retail the inherent sovereign immunity of the
from a business located in Indian Alcohol-Related Offenses of the
Stillaguamish Tribe of Indians Law and Tribe.
Country. Ordinance 2008/060 enacting this
Order Code.
3.06.604 Stillaguamish Tax Title 3, Chapter 6 took effect on April
Commission 3.06.612 Conformity with State Law 30, 2008, at 6:00 p.m. upon the approval
as Required of its provisions by the Board of
The Board hereby authorizes the Tax Directors of the Stillaguamish Tribe of
Commission of the Stillaguamish Tribe Tribal retailers and tribally-licensed
retailers shall comply with any Indians, which date was April 28, 2008.
of Indians to administer this Title 3, Chapter 6 of the Tribe’s Law and
Subchapter, including general control, applicable Washington State liquor law
standards to the extent required by 18 Order Code was repealed and replaced
management and supervision of all with this Title, as amended by
liquor sales, manufacturing, and U.S.C. 1161 and the Agreement Between
the Washington State Liquor Control resolution 2011/048, enacted by the
distribution, places of sale and sales Board of Directors of the Stillaguamish
outlets, and to exercise all of the powers Board and the Stillaguamish Indian
Tribe for Purchase and Resale of Liquor Tribe of Indians on April 14, 2011, as
and accomplish all of the purposes
in Indian Country (‘‘Agreement’’), if amended by resolution 2012/146 dated
thereof as hereinafter set forth any do
any. To the extent provisions of this September 27, 2012, as amended by
the following acts and things for and on
Subchapter conflict with the Agreement, resolution 2015/099 dated May 28,
behalf of and in the name of the Tribe:
the terms of the Agreement control. 2015.
(1) Adopting and enforcing rules and
regulations for the purpose of carrying [FR Doc. 2016–00334 Filed 1–8–16; 8:45 am]
TAXATION
into effect the provisions of this BILLING CODE 4337–15–P
Subchapter the performance of its 3.06.620 Tribal Liquor Tax
functions; The Tribe expressly reserves its
(2) Collecting, auditing and issuing inherent sovereign right to regulate the DEPARTMENT OF THE INTERIOR
fees, licenses, taxes and permits; and use and sale of liquor through the
(3) Performing all matters and things Bureau of Indian Affairs
imposition of tribal taxes thereon. The
incidental to and necessary to conduct Board hereby authorizes and expressly [167 A2100DD/AAKC001030/
its business and carry out its duties and reserves its authority to impose a tribal A0A501010.999900]
functions under this Subchapter. Liquor Tax on sales of all alcoholic
beverages, including packaged and retail Sovereignty in Indian Education
LICENSE REQUIRED
sales of liquor, wine, and beer, at a rate AGENCY: Bureau of Indian Affairs,
3.06.610 License Required of Tribal determined to be fair and equitable by Interior.
Retailers and Tribally-licensed the Board through independent action. ACTION: Notice of availability and
Retailers
3.06.621 Liquor Sales Not Subject to request for proposals; extension of
Every person engaging in the business Tribal Retail Sales Tax deadline.
of selling, manufacturing, or distributing
liquor within the Tribe’s Indian The Tribe’s Retail Sales Tax shall not SUMMARY: The Bureau of Indian
ebenthall on DSK6SPTVN1PROD with NOTICES
Country, including but not limited to a apply to retail sales of liquor. Education (BIE) previously announced
brewery, shall secure a business license ADMINISTRATION the availability of enhancement funds to
from the Tribe in the manner provided Tribes and their Tribal education
for by Subchapter 100 of this Title 3.06.630 Severability departments (TEDs) to promote Tribal
(‘‘Business Licenses’’) and otherwise If any section, provision, phrase, control and operation of BIE-funded
comply with all provisions of addition, word, sentence or amendment schools on their reservations. This
Subchapter 100. of this Subchapter or its application to notice extends the deadline for Tribes
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Document Created: 2016-01-16 01:04:20
Document Modified: 2016-01-16 01:04:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | This ordinance is effective January 11, 2016. | |
| Contact | Mr. Gregory Norton, Tribal Government Officer, Northwest Regional Office, Bureau of Indian Affairs, 911 NE 11th Avenue, Portland, OR 97232; Telephone: (503) 231-6702; Fax: (503) 231-2201, 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 Citation | 81 FR 1198 |
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