83 FR 1458 - Rincon Band of Luiseño Mission Indians of the Rincon Reservation; Amendments to Rincon Alcohol Control Ordinance
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 83, Issue 8 (January 11, 2018)
Bureau of Indian Affairs
Federal Register Volume 83, Issue 8 (January 11, 2018)
| Page Range | 1458-1459 | |
| FR Document | 2018-00346 |
[Federal Register Volume 83, Number 8 (Thursday, January 11, 2018)] [Notices] [Pages 1458-1459] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00346] [[Page 1457]] Vol. 83 Thursday, No. 8 January 11, 2018 Part II Department of the Interior ----------------------------------------------------------------------- Bureau of Indian Affairs ----------------------------------------------------------------------- Rincon Band of Luise[ntilde]o Mission Indians of the Rincon Reservation; Amendments to Rincon Alcohol Control Ordinance; Notice Federal Register / Vol. 83 , No. 8 / Thursday, January 11, 2018 / Notices [[Page 1458]] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [189A2100DD/AAKC001030/A0A501010.999900] Rincon Band of Luise[ntilde]o Mission Indians of the Rincon Reservation; Amendments to Rincon Alcohol Control Ordinance AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice publishes comprehensive amendments to the Rincon Band of Luise[ntilde]o Mission Indians of the Rincon Reservation's Tribal Code Sec. 7.400, Rincon Alcohol Control Ordinance. This Ordinance amends and supersedes the existing Rincon Alcohol Control Ordinance, Ordinance No. 99-01, enacted by the Rincon Band of Luise[ntilde]o Mission Indians on June 13, 2000. DATES: This Ordinance shall become effective February 12, 2018. FOR FURTHER INFORMATION CONTACT: Mr. Harley Long, Tribal Government Officer, Pacific Regional Office, Bureau of Indian Affairs, 2800 Cottage Way, Room W-2820, Sacramento, California 95825, Telephone: (916) 978-6000, Fax: (916) 978-6099. SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Public Law 82-277, 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 control ordinances for the purpose of regulating liquor transactions in Indian country. On April 18, 2017, the Rincon Band of Mission Indians duly adopted amendments to Tribal Code Sec. 7.400, Rincon Alcohol Control Ordinance. This Federal Register notice comprehensively amends and supersedes the existing Rincon Alcohol Control Ordinance No. 99-01, enacted by the Rincon Band of Luise[ntilde]o Mission Indians, and published in the Federal Register on October 6, 2000 (65 FR 59864). 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 Rincon Band of Luise[ntilde]o Mission Indians of the Rincon Reservation, California, duly adopted these amendments to the Tribe's Tribal Code Sec. 7.400, Rincon Alcohol Control Ordinance on April 18, 2017. Dated: December 15, 2018. John Tahsuda, Principal Deputy Assistant Secretary--Indian Affairs, exercising the authority of the Assistant Secretary--Indian Affairs. The amended Rincon Band of Luise[ntilde]o Mission Indian's Tribal Code Sec. 7.400, Rincon Alcohol Control Ordinance, shall read as follows: Rincon Alcohol Control Ordinance Tribal Code Sec. 7.400 Sec. 7.400 Title Sec. 7.401 Authority Sec. 7.402 Purpose Sec. 7.403 Manufacture of Alcohol Sec. 7.404 Possession of Alcohol Sec. 7.405 Sale of Alcohol Sec. 7.406 Age limit Sec. 7.407 Civil Penalties Sec. 7.408 Severability Sec. 7.409 Sovereign Immunity Sec. 7.400 Title This Ordinance shall be known as the Rincon Ordinance Regulating and Controlling the Manufacture, Introduction, Sale or Possession of Alcoholic Beverages within the boundaries of the Rincon Indian Reservation. The short title of this Ordinance shall be ``Rincon Alcohol Control Ordinance.'' Sec. 7.401 Authority This Ordinance is enacted pursuant to federal law, specifically the Act of August 15, 1953, Public Law 83-277, 67 Stat. 588, 18 U.S.C. 1161, and the Articles of Association, Governing Procedures for Administering the Affairs of The Rincon, San Luiseno Band of Mission Indians, California. This Rincon Alcohol Control Ordinance is in conformity with the laws of the State of California as required by 18 U.S.C. 1161, and with all applicable federal laws. Sec. 7.402 Purpose The purpose of this Ordinance is to regulate and control the possession and sale of alcohol within the exterior boundaries of the Rincon Reservation, and to permit alcohol sales by tribally owned, controlled or operated enterprises, and at tribally approved special events, for the purpose of the economic development of the Rincon Band. The enactment of a tribal ordinance governing alcohol possession and sales within the exterior boundaries of the Rincon Reservation increases the ability of the Tribal Government to control Rincon Reservation alcohol distribution and possession, and will provide an important source of revenue for the continued operation and strengthening of the Tribal Government and the economic viability of Tribal Government services. Sec. 7.403 Manufacture of Alcohol The manufacture of alcoholic beverages by business enterprises owned by or subject to the control of the Rincon Band shall be lawful within the exterior boundaries of the Rincon Reservation provided that such manufacture is in conformity with the laws of the State of California as required by federal law. Sec. 7.404 Possession of Alcohol The introduction or possession of alcoholic beverages shall be lawful within the exterior boundaries of the Rincon Reservation provided that such introduction or possession is in conformity with the laws of the State of California as required by federal law. Sec. 7.405 Sale of Alcohol (a) The sale of alcoholic beverages by business enterprises owned or operated by, or subject to the control of, the Rincon Band shall be lawful within the exterior boundaries of the Rincon Reservation provided that such sale is in conformity with the laws of the State of California as required by federal law. (b) The sale of alcoholic beverages by the drink at special events authorized by the Rincon Band shall be lawful within the exterior boundaries of the Rincon Reservation provided that such sales are in conformity with the laws of the State of California as required by federal law and with prior approval by resolution of the Tribal Council of the Rincon Band. Sec. 7.406 Age Limit (a) The drinking age within the exterior boundaries of the Rincon Reservation shall be the same as that of the State of California as required by federal law. No person under such age shall purchase, possess or consume any alcoholic beverage within the exterior boundaries of the Rincon Reservation. (b) The State of California sets the drinking age within California under California Business and Professions Code Sec. 25658. California's drinking age is twenty-one (21) at the time of the enactment of this Ordinance. (c) At such time, if any, as California Business and Professions Code Sec. 25658 is repealed or amended to raise or lower the drinking age within California, subsection (b) above shall automatically become null and void, and the Tribal Council shall be empowered to enact a new subsection (b) to reference the appropriate provision of the state law, such amendment to become effective upon publication in the Federal Register by the Secretary of the Interior. [[Page 1459]] Sec. 7.407 Civil Penalties The Rincon Band, through its Tribal Council and duly authorized security personnel, shall have the authority to enforce this Ordinance by confiscating any alcohol manufactured, introduced, sold or possessed in violation hereof. The Tribal Council shall be empowered to sell such confiscated alcohol for the benefit of the Rincon Band, and to develop and approve such regulations as may become necessary for enforcement of this Ordinance. Sec. 7.408 Severability If any provision of this Ordinance or the application thereof to any person or circumstance is held unconstitutional or invalid by the Tribal Council, only the invalid provision shall be severed and the remaining provisions and language of this Ordinance shall remain in full force and effect. Sec. 7.409 Sovereign Immunity All inherent sovereign rights of the Band as a federally recognized Indian tribe with respect to provisions authorized in this Ordinance are hereby expressly reserved, including sovereign immunity from unconsented suit. Nothing in the Ordinance shall be deemed or construed to be a waiver of the Band's sovereign immunity from unconsented suit. [FR Doc. 2018-00346 Filed 1-10-18; 8:45 am] BILLING CODE 4337-15-P
![1458 Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Notices
DEPARTMENT OF THE INTERIOR Dated: December 15, 2018. and the economic viability of Tribal
John Tahsuda, Government services.
Bureau of Indian Affairs Principal Deputy Assistant Secretary—Indian § 7.403 Manufacture of Alcohol
Affairs, exercising the authority of the
[189A2100DD/AAKC001030/ Assistant Secretary—Indian Affairs. The manufacture of alcoholic
A0A501010.999900] The amended Rincon Band of Luiseño beverages by business enterprises
Mission Indian’s Tribal Code § 7.400, owned by or subject to the control of the
Rincon Band of Luiseño Mission Rincon Alcohol Control Ordinance, Rincon Band shall be lawful within the
Indians of the Rincon Reservation; shall read as follows: exterior boundaries of the Rincon
Amendments to Rincon Alcohol Reservation provided that such
Control Ordinance Rincon Alcohol Control Ordinance manufacture is in conformity with the
Tribal Code § 7.400 laws of the State of California as
AGENCY: Bureau of Indian Affairs, required by federal law.
Interior. § 7.400 Title
§ 7.401 Authority § 7.404 Possession of Alcohol
ACTION: Notice. § 7.402 Purpose
§ 7.403 Manufacture of Alcohol The introduction or possession of
SUMMARY: This notice publishes alcoholic beverages shall be lawful
§ 7.404 Possession of Alcohol
comprehensive amendments to the § 7.405 Sale of Alcohol within the exterior boundaries of the
Rincon Band of Luiseño Mission § 7.406 Age limit Rincon Reservation provided that such
Indians of the Rincon Reservation’s § 7.407 Civil Penalties introduction or possession is in
Tribal Code § 7.400, Rincon Alcohol § 7.408 Severability conformity with the laws of the State of
Control Ordinance. This Ordinance § 7.409 Sovereign Immunity California as required by federal law.
amends and supersedes the existing
Rincon Alcohol Control Ordinance, § 7.400 Title § 7.405 Sale of Alcohol
Ordinance No. 99–01, enacted by the This Ordinance shall be known as the (a) The sale of alcoholic beverages by
Rincon Band of Luiseño Mission Rincon Ordinance Regulating and business enterprises owned or operated
Indians on June 13, 2000. Controlling the Manufacture, by, or subject to the control of, the
DATES: This Ordinance shall become Introduction, Sale or Possession of Rincon Band shall be lawful within the
effective February 12, 2018. Alcoholic Beverages within the exterior boundaries of the Rincon
FOR FURTHER INFORMATION CONTACT: Mr.
boundaries of the Rincon Indian Reservation provided that such sale is in
Harley Long, Tribal Government Officer, Reservation. The short title of this conformity with the laws of the State of
Pacific Regional Office, Bureau of Ordinance shall be ‘‘Rincon Alcohol California as required by federal law.
Control Ordinance.’’ (b) The sale of alcoholic beverages by
Indian Affairs, 2800 Cottage Way, Room
the drink at special events authorized by
W–2820, Sacramento, California 95825, § 7.401 Authority
the Rincon Band shall be lawful within
Telephone: (916) 978–6000, Fax: (916) This Ordinance is enacted pursuant to the exterior boundaries of the Rincon
978–6099. federal law, specifically the Act of Reservation provided that such sales are
SUPPLEMENTARY INFORMATION: Pursuant August 15, 1953, Public Law 83–277, 67 in conformity with the laws of the State
to the Act of August 15, 1953, Public Stat. 588, 18 U.S.C. 1161, and the of California as required by federal law
Law 82–277, 67 Stat. 586, 18 U.S.C. Articles of Association, Governing and with prior approval by resolution of
1161, as interpreted by the Supreme Procedures for Administering the the Tribal Council of the Rincon Band.
Court in Rice v. Rehner, 463 U.S. 713 Affairs of The Rincon, San Luiseno
(1983), the Secretary of the Interior shall Band of Mission Indians, California. § 7.406 Age Limit
certify and publish in the Federal This Rincon Alcohol Control Ordinance (a) The drinking age within the
Register notice of adopted liquor control is in conformity with the laws of the exterior boundaries of the Rincon
ordinances for the purpose of regulating State of California as required by 18 Reservation shall be the same as that of
liquor transactions in Indian country. U.S.C. 1161, and with all applicable the State of California as required by
On April 18, 2017, the Rincon Band of federal laws. federal law. No person under such age
Mission Indians duly adopted shall purchase, possess or consume any
amendments to Tribal Code § 7.400, § 7.402 Purpose alcoholic beverage within the exterior
Rincon Alcohol Control Ordinance. This The purpose of this Ordinance is to boundaries of the Rincon Reservation.
Federal Register notice regulate and control the possession and (b) The State of California sets the
comprehensively amends and sale of alcohol within the exterior drinking age within California under
supersedes the existing Rincon Alcohol boundaries of the Rincon Reservation, California Business and Professions
Control Ordinance No. 99–01, enacted and to permit alcohol sales by tribally Code § 25658. California’s drinking age
by the Rincon Band of Luiseño Mission owned, controlled or operated is twenty-one (21) at the time of the
Indians, and published in the Federal enterprises, and at tribally approved enactment of this Ordinance.
Register on October 6, 2000 (65 FR special events, for the purpose of the (c) At such time, if any, as California
59864). economic development of the Rincon Business and Professions Code § 25658
This notice is published in Band. The enactment of a tribal is repealed or amended to raise or lower
accordance with the authority delegated ordinance governing alcohol possession the drinking age within California,
by the Secretary of the Interior to the and sales within the exterior boundaries subsection (b) above shall automatically
ethrower on DSK3G9T082PROD with NOTICES2
Assistant Secretary—Indian Affairs. I of the Rincon Reservation increases the become null and void, and the Tribal
certify that the Rincon Band of Luiseño ability of the Tribal Government to Council shall be empowered to enact a
Mission Indians of the Rincon control Rincon Reservation alcohol new subsection (b) to reference the
Reservation, California, duly adopted distribution and possession, and will appropriate provision of the state law,
these amendments to the Tribe’s Tribal provide an important source of revenue such amendment to become effective
Code § 7.400, Rincon Alcohol Control for the continued operation and upon publication in the Federal
Ordinance on April 18, 2017. strengthening of the Tribal Government Register by the Secretary of the Interior.
VerDate Sep<11>2014 18:56 Jan 10, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\11JAN2.SGM 11JAN2](https://thefederalregister.org/doc/83_FR_1466/page/1.svg)
![Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Notices 1459
§ 7.407 Civil Penalties § 7.408 Severability tribe with respect to provisions
The Rincon Band, through its Tribal If any provision of this Ordinance or authorized in this Ordinance are hereby
Council and duly authorized security the application thereof to any person or expressly reserved, including sovereign
personnel, shall have the authority to circumstance is held unconstitutional or immunity from unconsented suit.
enforce this Ordinance by confiscating invalid by the Tribal Council, only the Nothing in the Ordinance shall be
any alcohol manufactured, introduced, invalid provision shall be severed and deemed or construed to be a waiver of
sold or possessed in violation hereof. the remaining provisions and language the Band’s sovereign immunity from
The Tribal Council shall be empowered of this Ordinance shall remain in full unconsented suit.
to sell such confiscated alcohol for the force and effect. [FR Doc. 2018–00346 Filed 1–10–18; 8:45 am]
benefit of the Rincon Band, and to
develop and approve such regulations § 7.409 Sovereign Immunity BILLING CODE 4337–15–P
as may become necessary for All inherent sovereign rights of the
enforcement of this Ordinance. Band as a federally recognized Indian
ethrower on DSK3G9T082PROD with NOTICES2
VerDate Sep<11>2014 18:56 Jan 10, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4701 Sfmt 9990 E:\FR\FM\11JAN2.SGM 11JAN2](https://thefederalregister.org/doc/83_FR_1466/page/2.svg)
Document Created: 2018-01-11 04:54:02
Document Modified: 2018-01-11 04:54:02
| 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 shall become effective February 12, 2018. | |
| Contact | Mr. Harley Long, Tribal Government Officer, Pacific Regional Office, Bureau of Indian Affairs, 2800 Cottage Way, Room W-2820, Sacramento, California 95825, Telephone: (916) 978-6000, Fax: (916) 978-6099. | |
| FR Citation | 83 FR 1458 |
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