82_FR_14965 82 FR 14910 - Cowlitz Indian Tribe Liquor Ordinance

82 FR 14910 - Cowlitz Indian Tribe Liquor Ordinance

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 82, Issue 55 (March 23, 2017)

Page Range14910-14912
FR Document2017-05815

This notice publishes the liquor ordinance of the Cowlitz Indian Tribe. The liquor ordinance regulates and controls the possession, sale, manufacture, and distribution of alcohol in conformity with the laws of the State of Washington. Enactment of this ordinance will help provide a source of revenue to strengthen Tribal government, provide for the economic viability of Tribal enterprises, and improve delivery of Tribal government services.

Federal Register, Volume 82 Issue 55 (Thursday, March 23, 2017)
[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Notices]
[Pages 14910-14912]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05815]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[178A2100DD/AAKC001030/A0A501010.999900 253G]


Cowlitz Indian Tribe Liquor Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes the liquor ordinance of the Cowlitz 
Indian Tribe. The liquor ordinance regulates and controls the 
possession, sale, manufacture, and distribution of alcohol in 
conformity with the laws of the State of Washington. Enactment of this 
ordinance will help provide a source of revenue to strengthen Tribal 
government, provide for the economic viability of Tribal enterprises, 
and improve delivery of Tribal government services.

DATES: This code shall become effective March 23, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Greg Norton, Tribal Government 
Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911 NE 
11th Avenue, Portland, Oregon 97232, Telephone: (503) 231-6702, Fax: 
(503) 231-2201.

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 Tribal Council of the Cowlitz 
Indian Tribe duly adopted the Cowlitz Tribal Liquor Ordinance on 
October 27, 2016.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs. I certify that the Tribal Council of the Cowlitz Indian Tribe 
duly adopted the Cowlitz Tribal Liquor Ordinance by Ordinance No. 16-02 
dated October 27, 2016.

    Dated: March 15, 2017.
Michael S. Black,
Acting Assistant Secretary--Indian Affairs.

SECTION 1.--INTRODUCTION

1.1 Authority

    This ordinance is enacted pursuant to the Act of August 15, 1953, 
67 Stat. 586, codified at 18 U.S.C. 1161, by the authority of the 
Cowlitz Tribal Council enumerated in Article VIII of the Constitution 
of the Cowlitz Tribe of Indians to enact legislation and regulate 
activities of businesses operating on the Tribe's lands, and in 
conformity with applicable Washington State laws and all attendant 
agreements with the State of Washington.

1.2 Purpose

    The purpose of this ordinance is to regulate and control the 
possession, sale, manufacture, and distribution of liquor within the 
Tribe's reservation, trust lands, and all Indian Country as defined in 
18 U.S.C. 1151, in order to permit alcohol sales by tribally owned and 
operated enterprises and lessees and at other tribally approved special 
events. The enactment of this ordinance will increase the ability of 
the Cowlitz Tribe to control the manufacture, distribution, sale, and 
possession of liquor on the Tribe's lands and will provide an important 
source of revenue for the continued operation and strengthening of the 
Cowlitz tribal government, the delivery of tribal governmental 
services, and the economic viability of tribal enterprises.

1.3 Short Title

    This shall be known as the ``Cowlitz Tribal Liquor Ordinance'' and 
shall be codified as Ordinance No. 16-02 of the Cowlitz Tribal Code.

1.4 Jurisdiction

    This ordinance shall apply to all lands now or in the future under 
the governmental authority of the Tribe, including the Tribe's 
reservation, trust lands, and Indian Country as defined under 18 U.S.C. 
1151.

1.5 Application of 18 U.S.C. 1161

    By adopting this Ordinance, the Tribe hereby regulates the sale, 
manufacturing, distribution, possession, and consumption of liquor 
while ensuring that such activity conforms with applicable laws of the 
State of Washington as required by 18 U.S.C. 1161 and the United 
States.

[[Page 14911]]

1.6 Declaration of Public Policy; Findings

    The Tribal Council enacts this Ordinance, based on the following 
findings:
    (a) The manufacture, distribution, possession, sale, and 
consumption of liquor in the Tribe's Indian Country are matters of 
special concern to the Tribe.
    (b) Federal law currently prohibits the introduction of liquor into 
or manufacture of spirits in Indian Country, except as provided in 18 
U.S.C. 1161, except in accordance with State law and the duly enacted 
law of the Tribe.
    (c) The Cowlitz Tribe recognizes that a need exists for strict 
tribal regulation and control over liquor transactions within its lands 
because of the many potential problems associated with the unregulated 
or inadequately regulated manufacture, distribution, sale, possession, 
and consumption of liquor. The Tribal Council finds that tribal control 
and regulation of liquor is necessary to achieve maximum economic 
benefit to the Tribe, to protect the health and welfare of tribal 
members, and to address specific concerns relating to alcohol use on 
tribal lands.
    (d) It is in the best interests of the Tribe to enact an ordinance 
governing liquor transactions on its lands.

SECTION 2.--DEFINITIONS

2.1 Definitions

    As used in this ordinance, the following words shall have the 
following meanings unless the context clearly requires otherwise:
    (a) ``Alcohol'' means that substance known as ethyl alcohol, 
hydrated oxide of ethyl, ethanol, or spirits of wine, which is commonly 
produced by the fermentation or distillation of grain, starch, 
molasses, or sugar, or other substances including all dilutions and 
mixtures of this substance from whatever source or by whatever process 
produced.
    (b) ``Beer'' means any beverage such as beer, ale, lager beer, 
stout, and porter obtained by 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 and containing not 
more than eight percent of alcohol by weight, and not less than one-
half of one percent of alcohol by volume. For the purposes of this 
ordinance, any such beverage containing more than eight percent of 
alcohol by weight shall be referred to as ``strong beer.''
    (c) ``Indian Country'' means the Tribe's reservation, trust lands, 
and all other lands as defined in 18 U.S.C. 1151.
    (d) ``Liquor'' includes the four varieties of liquor herein defined 
(alcohol, spirits, wine, and beer), includes 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 every liquid or solid or semisolid or other 
substance, patented or not containing alcohol, spirits, wine, or beer, 
and all drinks or drinkable liquids and all preparations or mixtures 
capable of human consumption, and any liquid, semisolid, solid, or 
other substance, which contains more than one percent of alcohol by 
weight shall be conclusively deemed to be intoxicating. Liquor does not 
include confections or food products that contain one percent or less 
of alcohol by weight. ``Malt Liquor'' means beer, strong beer, ale, 
stout and porter.
    (e) ``Sale'' and ``Sell'' includes exchange, barter and traffic; 
and also includes the selling or supplying or distributing by any means 
whatsoever of liquor, or of any liquid known or described as beer or by 
any name whatsoever commonly used to describe malt or brewed liquor or 
of wine by any person to any person.
    (f) ``Spirits'' means any beverage, which contains alcohol obtained 
by distillation, including wines exceeding twenty-four percent of 
alcohol by weight.
    (g) ``State'' means the State of Washington.
    (h) ``Tribal Council'' means the Cowlitz Tribal Council, which is 
the governing body of the Tribe.
    (i) ``Tribe'' means the Cowlitz Indian Tribe, a federally 
recognized sovereign Indian tribe.
    (j) ``Wine'' means any alcoholic beverage obtained by fermentation 
of fruits, (grapes, berries, apples, et cetera) or other agricultural 
product containing sugar, to which any saccharine substances may have 
been added before, during or after fermentation, and containing not 
more than twenty-four percent of alcohol by volume, including sweet 
wines fortified with wine spirits, such as port, sherry, muscatel, and 
angelica, not exceeding twenty-four percent of alcohol by volume and 
not less than one-half of one percent of alcohol by volume. For 
purposes of this ordinance, any beverage containing no more than 
fourteen percent of alcohol by volume when bottled or packaged by the 
manufacturer shall be referred to as ``table wine,'' and any beverage 
containing alcohol in an amount more than fourteen percent by volume 
when bottled or packaged by the manufacturer shall be referred to as 
``fortified wine.'' However, ``fortified wine'' shall not include: (i) 
Wines that are both sealed or capped by cork closure and aged two years 
or more; and (ii) wines that contain more than fourteen percent alcohol 
by volume solely as a result of the natural fermentation process and 
that have not been produced with the addition of wine spirits, brandy, 
or alcohol.

SECTION 3.--LIQUOR SALES, POSSESSION, AND MANUFACTURE

3.1 Possession

    The introduction and possession of liquor shall be lawful within 
Indian Country, provided that such introduction or possession is in 
conformity with the laws of the Tribe and the applicable laws of and 
the Tribe's agreements with the State.

3.2 Retail Sales

    The sale of liquor shall be lawful within Indian Country, provided 
that such sales are in conformity with the laws of the Tribe and the 
applicable laws of and agreements with the State.

3.3 Manufacture

    The manufacture of liquor shall be lawful within Indian Country, 
provided that such manufacture is in conformity with the laws of the 
Tribe and the applicable laws of and agreements with the State.

3.4 Age Limits

    The legal age for possession or consumption of alcohol within 
Indian Country shall be the same as that of the State, which is 
currently 21 years. No person under the age of 21 years of age shall 
purchase, possess, or consume any liquor.

SECTION 4.--LICENSING

4.1 Licensing

    The Tribal Council shall have the power to establish procedures and 
standards for tribal licensing of liquor manufacture, distribution, and 
sale within Indian Country, including the setting of a license fee 
schedule, and shall have the power to publish and enforce such 
standards. For license applicants that are not tribally owned, no 
tribal license shall issue except upon showing of satisfactory proof 
that the applicant is duly licensed by the State. The fact that an 
applicant for a tribal license possesses a license issued by the State 
however shall not provide the applicant with an entitlement to a tribal 
license.

[[Page 14912]]

SECTION 5.--ENFORCEMENT

5.1 Enforcement

    The Tribal Council shall have the power to develop, enact, 
promulgate, and enforce regulations as necessary for the enforcement of 
this Ordinance and to protect the public health, welfare, and safety of 
the Tribe, provided that all such regulations shall conform to and not 
be in conflict with any applicable tribal, Federal, or State law. 
Regulations enacted pursuant to this Ordinance may include provisions 
for suspension or revocation of tribal liquor licenses, reasonable 
search and seizure provisions, and civil and criminal penalties for 
violations of this Ordinance to the full extent permitted by Federal 
law and consistent with due process.
    Tribal law enforcement personnel and security personnel duly 
authorized by the Tribal Council shall have the authority to enforce 
this Ordinance by confiscating any liquor sold, possessed, distributed, 
manufactured, or introduced within Indian Country in violation of this 
Ordinance or of any regulations duly adopted pursuant to this 
Ordinance.
    The Tribal Council shall have the exclusive jurisdiction to hold 
hearings on violations of this Ordinance and any procedures or 
regulations adopted pursuant to this Ordinance; to promulgate 
appropriate procedures governing such hearings; to determine and 
enforce penalties or damages for violations of this Ordinance; and to 
delegate to a subordinate hearing officer or panel or to the Cowlitz 
Tribal Court the authority to take any or all of the foregoing actions 
on its behalf.

SECTION 6.--TAXATION

6.1 Taxation

    Nothing contained in this Statute is intended to, nor does in any 
way, limit or restrict the Tribe's ability to impose any tax upon the 
sale or consumption of alcohol. The Tribe retains the right to impose 
such taxes by appropriate statute to the full extent permitted by 
Federal law.

SECTION 7.--MISCELLANEOUS PROVISIONS

7.1 Sovereign Immunity Preserved

    Nothing contained in this Ordinance is intended to, nor does in any 
way, limit, alter, restrict, or waive the sovereign immunity of the 
Tribe or any of its agencies, agents, or officials from unconsented 
suit or action of any kind.

7.2 Conformance With Applicable Laws

    All acts and transactions under this Ordinance shall be in 
conformity with the laws of the State to the extent required by 18 
U.S.C. 1161 and with all Federal laws regarding liquor in Indian 
Country.

7.3 Effective Date

    This Ordinance shall be effective as of the date on which the 
Secretary of the Interior certifies this Statute and publishes the same 
in the Federal Register.

7.4 Repeal of Prior Acts

    All prior enactments of the Tribal Council, including tribal 
resolutions, policies, regulations, or statutes pertaining to the 
subject matter set forth in this Ordinance are hereby rescinded.

7.5 Amendments

    This Ordinance may only be amended pursuant to an amendment duly 
enacted by the Tribal Council and certification by the Secretary of the 
Interior and publication in the Federal Register, if required.

7.6 Severability and Savings Clause

    If any part or provision of this Ordinance is held invalid, void, 
or unenforceable by a court of competent jurisdiction, such 
adjudication shall not be held to render such provisions inapplicable 
to other persons or circumstances. Further, the remainder of the 
Ordinance shall not be affected and shall continue to remain in full 
force and effect.

[FR Doc. 2017-05815 Filed 3-22-17; 8:45 am]
 BILLING CODE 4337-15-P



                                                14910                        Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices

                                                Covered Area                                            Crow Creek Sioux Tribe and the State of               Cowlitz Tribal Liquor Ordinance by
                                                  The covered species historically                      South Dakota have reached an                          Ordinance No. 16–02 dated October 27,
                                                occurred in the Richmond pine                           agreement to extend the expiration of                 2016.
                                                rockland habitats. Portions of the HCP                  their existing Tribal-State Class III                  Dated: March 15, 2017.
                                                covered area consist of pine rockland                   gaming compact until June 28, 2017.                   Michael S. Black,
                                                habitat that is either currently occupied               This publishes notice of the new
                                                                                                                                                              Acting Assistant Secretary—Indian Affairs.
                                                by the covered species or suitable for                  expiration date of the compact.
                                                restoration as habitat for the species.                  Dated: March 13, 2017.                               SECTION 1.—INTRODUCTION
                                                                                                        Michael S. Black,                                     1.1      Authority
                                                Next Steps
                                                                                                        Acting Assistant Secretary—Indian Affairs.
                                                   We will evaluate the ITP application,                                                                         This ordinance is enacted pursuant to
                                                                                                        [FR Doc. 2017–05813 Filed 3–22–17; 8:45 am]
                                                including the HCP, and any comments                                                                           the Act of August 15, 1953, 67 Stat. 586,
                                                                                                        BILLING CODE 4337–15–P
                                                we receive to determine whether the                                                                           codified at 18 U.S.C. 1161, by the
                                                application meets the requirements of                                                                         authority of the Cowlitz Tribal Council
                                                section 10(a)(1)(B) of the Act. We will                                                                       enumerated in Article VIII of the
                                                                                                        DEPARTMENT OF THE INTERIOR
                                                also evaluate whether a section                                                                               Constitution of the Cowlitz Tribe of
                                                10(a)(1)(B) ITP should be issued, as well               Bureau of Indian Affairs                              Indians to enact legislation and regulate
                                                as conduct an intra-Service consultation                                                                      activities of businesses operating on the
                                                pursuant to section 7 of the Act. We will               [178A2100DD/AAKC001030/                               Tribe’s lands, and in conformity with
                                                                                                        A0A501010.999900 253G]                                applicable Washington State laws and
                                                use the results of this consultation and
                                                the above findings in our final analysis                Cowlitz Indian Tribe Liquor Ordinance                 all attendant agreements with the State
                                                to determine whether to issue the ITP.                                                                        of Washington.
                                                If we determine that the requirements                   AGENCY:   Bureau of Indian Affairs,
                                                                                                                                                              1.2      Purpose
                                                are met, we will issue the ITP for                      Interior.
                                                incidental take of the covered species.                 ACTION: Notice.                                          The purpose of this ordinance is to
                                                                                                                                                              regulate and control the possession,
                                                Authority                                               SUMMARY:   This notice publishes the                  sale, manufacture, and distribution of
                                                  We provide this notice under section                  liquor ordinance of the Cowlitz Indian                liquor within the Tribe’s reservation,
                                                10 of the Act (16 U.S.C. 1531 et seq.)                  Tribe. The liquor ordinance regulates                 trust lands, and all Indian Country as
                                                and NEPA regulations (40 CFR 1506.6).                   and controls the possession, sale,                    defined in 18 U.S.C. 1151, in order to
                                                                                                        manufacture, and distribution of alcohol              permit alcohol sales by tribally owned
                                                 Dated: March 3, 2017.
                                                                                                        in conformity with the laws of the State              and operated enterprises and lessees
                                                Mike Oetker,
                                                                                                        of Washington. Enactment of this                      and at other tribally approved special
                                                Acting Regional Director.                               ordinance will help provide a source of               events. The enactment of this ordinance
                                                [FR Doc. 2017–05767 Filed 3–22–17; 8:45 am]             revenue to strengthen Tribal                          will increase the ability of the Cowlitz
                                                BILLING CODE 4333–15–P                                  government, provide for the economic                  Tribe to control the manufacture,
                                                                                                        viability of Tribal enterprises, and                  distribution, sale, and possession of
                                                                                                        improve delivery of Tribal government                 liquor on the Tribe’s lands and will
                                                DEPARTMENT OF THE INTERIOR                              services.                                             provide an important source of revenue
                                                Bureau of Indian Affairs                                DATES: This code shall become effective               for the continued operation and
                                                                                                        March 23, 2017.                                       strengthening of the Cowlitz tribal
                                                [178A2100DD/AAKC001030/                                 FOR FURTHER INFORMATION CONTACT: Mr.                  government, the delivery of tribal
                                                A0A501010.999900253G]
                                                                                                        Greg Norton, Tribal Government                        governmental services, and the
                                                Indian Gaming; Extension of Tribal-                     Specialist, Northwest Regional Office,                economic viability of tribal enterprises.
                                                State Class III Gaming Compact (Crow                    Bureau of Indian Affairs, 911 NE 11th
                                                                                                                                                              1.3      Short Title
                                                Creek Sioux Tribe and the State of                      Avenue, Portland, Oregon 97232,
                                                South Dakota)                                           Telephone: (503) 231–6702, Fax: (503)                   This shall be known as the ‘‘Cowlitz
                                                                                                        231–2201.                                             Tribal Liquor Ordinance’’ and shall be
                                                AGENCY:   Bureau of Indian Affairs,                     SUPPLEMENTARY INFORMATION: Pursuant                   codified as Ordinance No. 16–02 of the
                                                Interior.                                               to the Act of August 15, 1953, Public                 Cowlitz Tribal Code.
                                                ACTION: Notice.                                         Law 83–277, 67 Stat. 586, 18 U.S.C.                   1.4      Jurisdiction
                                                                                                        1161, as interpreted by the Supreme
                                                SUMMARY:    This notice announces the                                                                           This ordinance shall apply to all
                                                                                                        Court in Rice v. Rehner, 463 U.S. 713
                                                extension of the Class III gaming                                                                             lands now or in the future under the
                                                                                                        (1983), the Secretary of the Interior shall
                                                compact between the Crow Creek Sioux                                                                          governmental authority of the Tribe,
                                                                                                        certify and publish in the Federal
                                                Tribe and the State of South Dakota.                                                                          including the Tribe’s reservation, trust
                                                                                                        Register notice of adopted liquor
                                                DATES: Effective March 23, 2017.                        ordinances for the purpose of regulating              lands, and Indian Country as defined
                                                FOR FURTHER INFORMATION CONTACT: Ms.                    liquor transactions in Indian country.                under 18 U.S.C. 1151.
                                                Paula L. Hart, Director, Office of Indian               The Tribal Council of the Cowlitz
                                                Gaming, Office of the Assistant                                                                               1.5      Application of 18 U.S.C. 1161
                                                                                                        Indian Tribe duly adopted the Cowlitz
                                                Secretary—Indian Affairs, Washington,                                                                           By adopting this Ordinance, the Tribe
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        Tribal Liquor Ordinance on October 27,
                                                DC 20240, (202) 219–4066.                               2016.                                                 hereby regulates the sale,
                                                SUPPLEMENTARY INFORMATION: An                              This notice is published in                        manufacturing, distribution, possession,
                                                extension to an existing tribal-state                   accordance with the authority delegated               and consumption of liquor while
                                                Class III gaming compact does not                       by the Secretary of the Interior to the               ensuring that such activity conforms
                                                require approval by the Secretary if the                Assistant Secretary—Indian Affairs. I                 with applicable laws of the State of
                                                extension does not modify any other                     certify that the Tribal Council of the                Washington as required by 18 U.S.C.
                                                terms of the compact. 25 CFR 293.5. The                 Cowlitz Indian Tribe duly adopted the                 1161 and the United States.


                                           VerDate Sep<11>2014   17:13 Mar 22, 2017   Jkt 241001   PO 00000   Frm 00046   Fmt 4703   Sfmt 4703   E:\FR\FM\23MRN1.SGM    23MRN1


                                                                             Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices                                             14911

                                                1.6 Declaration of Public Policy;                       other lands as defined in 18 U.S.C.                   bottled or packaged by the manufacturer
                                                Findings                                                1151.                                                 shall be referred to as ‘‘fortified wine.’’
                                                   The Tribal Council enacts this                          (d) ‘‘Liquor’’ includes the four                   However, ‘‘fortified wine’’ shall not
                                                Ordinance, based on the following                       varieties of liquor herein defined                    include: (i) Wines that are both sealed
                                                findings:                                               (alcohol, spirits, wine, and beer),                   or capped by cork closure and aged two
                                                   (a) The manufacture, distribution,                   includes all fermented, spirituous,                   years or more; and (ii) wines that
                                                possession, sale, and consumption of                    vinous, or malt liquor or combinations                contain more than fourteen percent
                                                liquor in the Tribe’s Indian Country are                thereof, and mixed liquor, a part of                  alcohol by volume solely as a result of
                                                matters of special concern to the Tribe.                which is fermented, spirituous, vinous                the natural fermentation process and
                                                   (b) Federal law currently prohibits the              or malt liquor, or otherwise intoxicating;            that have not been produced with the
                                                introduction of liquor into or                          and every liquid or solid or semisolid or             addition of wine spirits, brandy, or
                                                manufacture of spirits in Indian                        other substance, patented or not                      alcohol.
                                                Country, except as provided in 18                       containing alcohol, spirits, wine, or
                                                                                                        beer, and all drinks or drinkable liquids             SECTION 3.—LIQUOR SALES,
                                                U.S.C. 1161, except in accordance with                                                                        POSSESSION, AND MANUFACTURE
                                                State law and the duly enacted law of                   and all preparations or mixtures capable
                                                the Tribe.                                              of human consumption, and any liquid,                 3.1      Possession
                                                   (c) The Cowlitz Tribe recognizes that                semisolid, solid, or other substance,
                                                                                                        which contains more than one percent                     The introduction and possession of
                                                a need exists for strict tribal regulation                                                                    liquor shall be lawful within Indian
                                                and control over liquor transactions                    of alcohol by weight shall be
                                                                                                        conclusively deemed to be intoxicating.               Country, provided that such
                                                within its lands because of the many                                                                          introduction or possession is in
                                                potential problems associated with the                  Liquor does not include confections or
                                                                                                        food products that contain one percent                conformity with the laws of the Tribe
                                                unregulated or inadequately regulated                                                                         and the applicable laws of and the
                                                manufacture, distribution, sale,                        or less of alcohol by weight. ‘‘Malt
                                                                                                        Liquor’’ means beer, strong beer, ale,                Tribe’s agreements with the State.
                                                possession, and consumption of liquor.
                                                The Tribal Council finds that tribal                    stout and porter.                                     3.2      Retail Sales
                                                                                                           (e) ‘‘Sale’’ and ‘‘Sell’’ includes
                                                control and regulation of liquor is                                                                             The sale of liquor shall be lawful
                                                                                                        exchange, barter and traffic; and also
                                                necessary to achieve maximum                                                                                  within Indian Country, provided that
                                                                                                        includes the selling or supplying or
                                                economic benefit to the Tribe, to protect                                                                     such sales are in conformity with the
                                                                                                        distributing by any means whatsoever of
                                                the health and welfare of tribal                                                                              laws of the Tribe and the applicable
                                                                                                        liquor, or of any liquid known or
                                                members, and to address specific                                                                              laws of and agreements with the State.
                                                                                                        described as beer or by any name
                                                concerns relating to alcohol use on
                                                                                                        whatsoever commonly used to describe
                                                tribal lands.                                                                                                 3.3      Manufacture
                                                                                                        malt or brewed liquor or of wine by any
                                                   (d) It is in the best interests of the
                                                                                                        person to any person.                                   The manufacture of liquor shall be
                                                Tribe to enact an ordinance governing
                                                                                                           (f) ‘‘Spirits’’ means any beverage,                lawful within Indian Country, provided
                                                liquor transactions on its lands.
                                                                                                        which contains alcohol obtained by                    that such manufacture is in conformity
                                                SECTION 2.—DEFINITIONS                                  distillation, including wines exceeding               with the laws of the Tribe and the
                                                                                                        twenty-four percent of alcohol by                     applicable laws of and agreements with
                                                2.1 Definitions
                                                                                                        weight.                                               the State.
                                                  As used in this ordinance, the                           (g) ‘‘State’’ means the State of
                                                following words shall have the                          Washington.                                           3.4      Age Limits
                                                following meanings unless the context                      (h) ‘‘Tribal Council’’ means the                      The legal age for possession or
                                                clearly requires otherwise:                             Cowlitz Tribal Council, which is the                  consumption of alcohol within Indian
                                                  (a) ‘‘Alcohol’’ means that substance                  governing body of the Tribe.                          Country shall be the same as that of the
                                                known as ethyl alcohol, hydrated oxide                     (i) ‘‘Tribe’’ means the Cowlitz Indian             State, which is currently 21 years. No
                                                of ethyl, ethanol, or spirits of wine,                  Tribe, a federally recognized sovereign               person under the age of 21 years of age
                                                which is commonly produced by the                       Indian tribe.                                         shall purchase, possess, or consume any
                                                fermentation or distillation of grain,                     (j) ‘‘Wine’’ means any alcoholic
                                                                                                                                                              liquor.
                                                starch, molasses, or sugar, or other                    beverage obtained by fermentation of
                                                substances including all dilutions and                  fruits, (grapes, berries, apples, et cetera)          SECTION 4.—LICENSING
                                                mixtures of this substance from                         or other agricultural product containing
                                                                                                                                                              4.1      Licensing
                                                whatever source or by whatever process                  sugar, to which any saccharine
                                                produced.                                               substances may have been added before,                   The Tribal Council shall have the
                                                  (b) ‘‘Beer’’ means any beverage such                  during or after fermentation, and                     power to establish procedures and
                                                as beer, ale, lager beer, stout, and porter             containing not more than twenty-four                  standards for tribal licensing of liquor
                                                obtained by the alcoholic fermentation                  percent of alcohol by volume, including               manufacture, distribution, and sale
                                                of an infusion or decoction of pure                     sweet wines fortified with wine spirits,              within Indian Country, including the
                                                hops, or pure extract of hops and pure                  such as port, sherry, muscatel, and                   setting of a license fee schedule, and
                                                barley malt or other wholesome grain or                 angelica, not exceeding twenty-four                   shall have the power to publish and
                                                cereal in pure water and containing not                 percent of alcohol by volume and not                  enforce such standards. For license
                                                more than eight percent of alcohol by                   less than one-half of one percent of                  applicants that are not tribally owned,
                                                                                                        alcohol by volume. For purposes of this               no tribal license shall issue except upon
sradovich on DSK3GMQ082PROD with NOTICES




                                                weight, and not less than one-half of one
                                                percent of alcohol by volume. For the                   ordinance, any beverage containing no                 showing of satisfactory proof that the
                                                purposes of this ordinance, any such                    more than fourteen percent of alcohol                 applicant is duly licensed by the State.
                                                beverage containing more than eight                     by volume when bottled or packaged by                 The fact that an applicant for a tribal
                                                percent of alcohol by weight shall be                   the manufacturer shall be referred to as              license possesses a license issued by the
                                                referred to as ‘‘strong beer.’’                         ‘‘table wine,’’ and any beverage                      State however shall not provide the
                                                  (c) ‘‘Indian Country’’ means the                      containing alcohol in an amount more                  applicant with an entitlement to a tribal
                                                Tribe’s reservation, trust lands, and all               than fourteen percent by volume when                  license.


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                                                14912                        Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices

                                                SECTION 5.—ENFORCEMENT                                  7.2 Conformance With Applicable                       Secretary—Indian Affairs, Washington,
                                                                                                        Laws                                                  DC 20240, (202) 219–4066.
                                                5.1   Enforcement
                                                                                                          All acts and transactions under this                SUPPLEMENTARY INFORMATION:      An
                                                   The Tribal Council shall have the                    Ordinance shall be in conformity with                 extension to an existing tribal-state
                                                power to develop, enact, promulgate,                    the laws of the State to the extent                   Class III gaming compact does not
                                                and enforce regulations as necessary for                required by 18 U.S.C. 1161 and with all               require approval by the Secretary if the
                                                the enforcement of this Ordinance and                   Federal laws regarding liquor in Indian               extension does not modify any other
                                                to protect the public health, welfare,                  Country.                                              terms of the compact. 25 CFR 293.5. The
                                                and safety of the Tribe, provided that all                                                                    Rosebud Sioux Tribe and the State of
                                                                                                        7.3 Effective Date
                                                such regulations shall conform to and                                                                         South Dakota have reached an
                                                not be in conflict with any applicable                    This Ordinance shall be effective as of             agreement to extend the expiration date
                                                tribal, Federal, or State law. Regulations              the date on which the Secretary of the                of their existing Tribal-State Class III
                                                enacted pursuant to this Ordinance may                  Interior certifies this Statute and                   gaming compact to July 31, 2017. This
                                                include provisions for suspension or                    publishes the same in the Federal                     publishes notice of the new expiration
                                                revocation of tribal liquor licenses,                   Register.                                             date of the compact.
                                                reasonable search and seizure                           7.4 Repeal of Prior Acts                               Dated: March 13, 2017.
                                                provisions, and civil and criminal                                                                            Michael S. Black,
                                                                                                          All prior enactments of the Tribal
                                                penalties for violations of this
                                                                                                        Council, including tribal resolutions,                Acting Assistant Secretary—Indian Affairs.
                                                Ordinance to the full extent permitted
                                                                                                        policies, regulations, or statutes                    [FR Doc. 2017–05814 Filed 3–22–17; 8:45 am]
                                                by Federal law and consistent with due
                                                                                                        pertaining to the subject matter set forth            BILLING CODE 4337–15–P
                                                process.
                                                                                                        in this Ordinance are hereby rescinded.
                                                   Tribal law enforcement personnel and
                                                security personnel duly authorized by                   7.5 Amendments
                                                the Tribal Council shall have the                         This Ordinance may only be amended                  INTERNATIONAL TRADE
                                                authority to enforce this Ordinance by                  pursuant to an amendment duly enacted                 COMMISSION
                                                confiscating any liquor sold, possessed,                by the Tribal Council and certification
                                                distributed, manufactured, or                           by the Secretary of the Interior and
                                                                                                                                                              [USITC SE–17–011]
                                                introduced within Indian Country in                     publication in the Federal Register, if
                                                violation of this Ordinance or of any                   required.                                             Government in the Sunshine Act
                                                regulations duly adopted pursuant to                    7.6 Severability and Savings Clause                   Meeting Notice
                                                this Ordinance.
                                                                                                          If any part or provision of this
                                                   The Tribal Council shall have the                                                                          AGENCY HOLDING THE MEETING:  United
                                                                                                        Ordinance is held invalid, void, or
                                                exclusive jurisdiction to hold hearings                                                                       States International Trade Commission.
                                                                                                        unenforceable by a court of competent
                                                on violations of this Ordinance and any                 jurisdiction, such adjudication shall not             TIME AND DATE:    March 28, 2017 at 11:00
                                                procedures or regulations adopted                       be held to render such provisions                     a.m.
                                                pursuant to this Ordinance; to                          inapplicable to other persons or
                                                promulgate appropriate procedures                                                                             PLACE: Room 101, 500 E Street SW.,
                                                                                                        circumstances. Further, the remainder                 Washington, DC 20436, Telephone:
                                                governing such hearings; to determine                   of the Ordinance shall not be affected
                                                and enforce penalties or damages for                                                                          (202) 205–2000.
                                                                                                        and shall continue to remain in full
                                                violations of this Ordinance; and to                    force and effect.                                     STATUS:   Open to the public.
                                                delegate to a subordinate hearing officer
                                                                                                        [FR Doc. 2017–05815 Filed 3–22–17; 8:45 am]           Matters To Be Considered
                                                or panel or to the Cowlitz Tribal Court
                                                                                                        BILLING CODE 4337–15–P
                                                the authority to take any or all of the                                                                         1. Agendas for future meetings: None.
                                                foregoing actions on its behalf.                                                                                2. Minutes.
                                                SECTION 6.—TAXATION                                     DEPARTMENT OF THE INTERIOR                              3. Ratification List.
                                                6.1   Taxation                                                                                                  4. Vote in Inv. Nos. 701–TA–318 and
                                                                                                        Bureau of Indian Affairs
                                                                                                                                                              731–TA–538 and 561 (Fourth Review)
                                                  Nothing contained in this Statute is                  [178A2100DD/AAKC001030/                               (Sulfanilic Acid from China and India).
                                                intended to, nor does in any way, limit                 A0A501010.999900253G]                                 The Commission is currently scheduled
                                                or restrict the Tribe’s ability to impose                                                                     to complete and file its determinations
                                                                                                        Indian Gaming; Extension of Tribal-                   and views of the Commission by April
                                                any tax upon the sale or consumption of                 State Class III Gaming Compact
                                                alcohol. The Tribe retains the right to                                                                       17, 2017.
                                                                                                        (Rosebud Sioux Tribe and the State of
                                                impose such taxes by appropriate                        South Dakota)                                           5. Outstanding action jackets: None.
                                                statute to the full extent permitted by                                                                         In accordance with Commission
                                                Federal law.                                            AGENCY:   Bureau of Indian Affairs,                   policy, subject matter listed above, not
                                                                                                        Interior.                                             disposed of at the scheduled meeting,
                                                SECTION 7.—MISCELLANEOUS
                                                                                                        ACTION: Notice.                                       may be carried over to the agenda of the
                                                PROVISIONS
                                                                                                                                                              following meeting.
                                                                                                        SUMMARY:  This notice announces the
sradovich on DSK3GMQ082PROD with NOTICES




                                                7.1   Sovereign Immunity Preserved                                                                              By order of the Commission.
                                                                                                        extension of the Class III gaming
                                                   Nothing contained in this Ordinance                  compact between the Rosebud Sioux                       Issued: March 21, 2017.
                                                is intended to, nor does in any way,                    Tribe and the State of South Dakota.                  William R. Bishop,
                                                limit, alter, restrict, or waive the                    DATES: Effective March 23, 2017.                      Supervisory Hearings and Information
                                                sovereign immunity of the Tribe or any                  FOR FURTHER INFORMATION CONTACT: Ms.                  Officer.
                                                of its agencies, agents, or officials from              Paula L. Hart, Director, Office of Indian             [FR Doc. 2017–05892 Filed 3–21–17; 4:15 pm]
                                                unconsented suit or action of any kind.                 Gaming, Office of the Assistant                       BILLING CODE 7020–02–P




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Document Created: 2017-03-23 02:45:27
Document Modified: 2017-03-23 02:45:27
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.
DatesThis code shall become effective March 23, 2017.
ContactMr. Greg Norton, Tribal Government Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911 NE 11th Avenue, Portland, Oregon 97232, Telephone: (503) 231-6702, Fax: (503) 231-2201.
FR Citation82 FR 14910 

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