83 FR 25479 - Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Liquor Ordinance; Repeal and Replace
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 83, Issue 106 (June 1, 2018)
Bureau of Indian Affairs
Federal Register Volume 83, Issue 106 (June 1, 2018)
| Page Range | 25479-25483 | |
| FR Document | 2018-11839 |
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)] [Notices] [Pages 25479-25483] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11839] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [189A2100DD/AAKC001030/A0A501010.999900 253G] Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Liquor Ordinance; Repeal and Replace AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice publishes the Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation (the Tribe) Liquor Control Ordinance (the Ordinance). The Ordinance certifies the Tribe's liquor licensing laws to regulate and control the possession, sale, and consumption of liquor within the jurisdiction of the Tribe's reservation. The Ordinance repeals and replaces the previous liquor control ordinance published in the Federal Register on November 14, 1979, and any and all previous statutes. DATES: This Ordinance takes effect July 2, 2018. FOR FURTHER INFORMATION CONTACT: Mr. Greg Norton, Tribal Government Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911 Northeast 11th Avenue, Portland, OR 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. 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 Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation adopted Resolution Number: 02-16-18- 07 (Liquor Control Ordinance) on February 16, 2018. The statute repeals and replaces the previous liquor control ordinance published in the Federal Register on November 14, 1979 (44 FR 65675). Dated: May 14, 2018. John Tahsuda, Principal Deputy Assistant Secretary--Indian Affairs, Exercising the Authority of the Assistant Secretary--Indian Affairs. SHOALWATER BAY INDIAN TRIBE TRIBAL CODE TITLE 10--LIQUOR CONTROL Chapter 10.1 General Provisions Section 10.1.01 Title This Title shall be cited as the tribal ``Liquor Control'' code of the Shoalwater Bay Indian Tribe. Section 10.1.02 Authority This title is enacted pursuant to the Tribe's inherent sovereignty and pursuant to the provisions of the Shoalwater Bay Tribal Constitution, Article VI, Powers of the Tribal Council, Section 1. Enumerated Powers, subsections (e),(f) and (x) and in conformity with the applicable laws of the State of Washington to the extent required under 18 U.S. C. Sec. 1161. Section 10.1.03 Relation to Other Tribal Laws Prior liquor control ordinances are hereby repealed. Chapter 2.06 of the [[Page 25480]] Shoalwater Bay Code of Laws shall remain in effect but, if there is a conflict, this Title shall control. Section 10.1.04 Definitions The definitions related to this Title are as follows: A. Alcoholic Beverage: Shall mean any intoxicating liquor, spirits, beer, or any wine, as defined under the provisions of this Title or other applicable law or regulation. B. Council: Shall mean the Tribal Council of the Shoalwater Bay Indian Tribe. C. Legal Age: Shall mean the age requirements as defined in this Title. D. Liquor Store: Shall mean any store established by the Tribe for the sale of alcoholic beverages or any entity licensed by the Tribe to sell alcoholic beverages. E. On-Site Licensee: Shall mean the Shoalwater Bay Indian Tribe or its duly authorized licensee when it sells, or keeps for sale, any alcoholic beverage authorized under this Title for consumption on the premises where sold. F. On-Site Sale: Shall mean the sale of any alcoholic beverage for consumption only upon the premises where sold. G. Sale: Shall include the exchange, barter, traffic, donation, with or without consideration, in addition to the selling, supplying, or distributing, by any means whatsoever, of liquor, spirits, alcoholic beverage, or of any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or of wine, by any person to any person; and also includes a sale or selling within an area of tribal jurisdiction to a foreign consignee or his or her agent. H. Reservation: means the Shoalwater Bay Indian Reservation. I. Shoalwater Bay Indian country shall mean all lands to fullest extent of applicable law under the control of the Tribe as well as all trust land owned by the Tribe both on and off of its Reservation. J. Transaction: Shall mean any transfer of any bagged, bottled, boxed, canned or kegged alcoholic beverage, or the transfer of any contents of any bagged, bottled, boxed, canned or kegged alcoholic beverage from any liquor store, on-site dealer or vendor to any person. K. Tribe: means the Shoalwater Bay Indian Tribe. L. Tribal Court: means the Shoalwater Bay Tribal Court. M. Tribal Council or Council: means the Shoalwater Bay Tribal Council. N. Trust land: means all land held in trust or restricted fee status by the United States on behalf of the Shoalwater Bay Indian Tribe. O. Vendor: Shall mean any person employed or under the supervision by and of a liquor store or on-site dealer who conducts sales or transactions involving alcoholic beverages. Chapter 10.2 Tribal Control of Alcoholic Beverages Section 10.2.01 General Prohibition It shall be a violation of Tribal law to manufacture for sale, sell, offer, or keep for sale, possess, transport or conduct any transaction involving any alcoholic beverage except in compliance with the terms, conditions, limitations, and restrictions specified in this Title. Section 10.2.02 Tribal Control of Alcoholic Beverages The Tribal Council shall have the sole and exclusive right to authorize the importation of alcoholic beverages for sale or other exchange or for the purpose of conducting transactions therewith, and no person or organization shall so import any such alcoholic beverage into the Shoalwater Bay Indian Country and into trust land, which includes the Reservation and trust lands of the Tribe, wherever situated, unless authorized by the Tribal Council. Section 10.2.03 Regulatory Authority of Tribal Council (a.) To promulgate rules and regulations governing the sale, manufacture, distribution, licensing and possession of alcoholic beverages on the Reservation; (b.) To issue such licenses and permits as it deems appropriate permitting the sale or manufacture or distribution of liquor, for retail or wholesale, and to revoke such licenses; (c.) To employ such managers, accountants, security personnel, inspectors, and such other personnel as it shall determine necessary to allow the Tribal Council to perform its functions; (d.) To charter or create such tribal enterprises, divisions, corporations or other entities as it shall determine necessary to sell, possess, manufacture, or exchange alcoholic beverages as provided in Chapter 10.3 hereunder and elsewhere in Tribal law; (e.) To do all other things necessary and proper to fulfill this Title and duties, rights and responsibilities it has hereunder. Chapter 10.3 Tribal Liquor Store Enterprise Section 10.3.01 Tribal Liquor Enterprise In addition to any other licensed outlets under Chapter 10.4 of this Code, the Council may establish and maintain anywhere within the Shoalwater Bay Indian Country that the Council may deem advisable, a Tribal liquor store or stores for the retail sale or wholesale of alcoholic beverages in accordance with the provisions of this Title. The Council may set the prices of alcoholic beverages sold by any Tribal liquor store and may set such other regulations as it deems appropriate to regulate the store. Chapter 10.4 Liquor Licenses and Permits Section 10.4.01 Retail License The Council may issue a license or licenses to establish and maintain anywhere within the Shoalwater Bay Indian Country that the Council may deem advisable, a retail establishment or establishments for storage and on-site consumption of alcoholic beverages in accordance with the provisions of this Title. The Council may set the prices of alcoholic beverages sold by these on-site dealers. Section 10.4.02 Grocery License The Tribal Council may issue a license or licenses to establish and maintain anywhere within the Shoalwater Bay Indian Country that the Council may deem advisable, a grocery or groceries for storage and sale of alcoholic beverages in accordance with the provisions of this Title. The Council may set the prices of alcoholic beverages sold by these groceries. Section 10.4.03 Special Occasion License The Council may issue a license or licenses for the consumption of alcoholic beverages at special events at specific times and places and under such conditions as it may deem appropriate by regulation. Such special events may include but not be limited to banquets, fund raisers, and private parties. Section 10.4.04 Wholesale License The Council may issue a license or licenses to establish and maintain anywhere within the Shoalwater Bay Indian Country that the Council may deem advisable, an establishment for the sale or distribution of alcoholic beverages at wholesale in accordance with the provisions of this Title. The Council may set the prices of alcoholic beverages sold by these distributors. [[Page 25481]] Section 10.4.05 Other Licenses and Permits The Council may issue such other licenses and permits for alcohol or alcoholic beverages as it deems appropriate. Such additional licenses and permits may be issued pursuant to tribally issued regulations determining the terms and conditions as the Council may determine. Section 10.4.06 Regulation and Control Section 10.4.06.1 Applications for licenses or permits shall be subject to such conditions, fees and restrictions on these licenses or permits as the Council shall deem appropriate. Applications shall be submitted on the prescribed form to the Council or its authorized employees. The Council may, at its sole discretion and subject to the conditions of this Code and other tribal laws and regulations, issue or refuse to issue any license permit upon payment of the prescribed fee. Section 10.4.06.2 For the purpose of considering any application for a license or permit, the Council may cause an inspection of the premises to be made and may inquire into all matters with the construction and operation of the premises. Section 10.4.06.3 No license shall be issued to: (a.) A person who is not a member of the Shoalwater Bay Indian Tribe; (b.) A partnership entity unless each partner is qualified to obtain a license, as provided in this section; (c.) A corporation or other entity unless all shareholders or owners are members of the Tribe; (d.) A person whose place of business is conducted by a manager or agent, unless such manager or agent is also an enrolled member of the Tribe; (e.) A person who has been convicted of a felony within five years prior to filing his or her application; (f.) A person who has been convicted of a violation of any federal, state or tribal law concerning the manufacture, possession or sale of alcoholic beverages within the last five years or has forfeited his or her bond to appear in court within the preceding five years to answer charges for such violation; or (g.) A person who is less than twenty-one years of age. In conformity with State and federal law, the requirements of subparagraphs (a) through (f) may be waived by the Tribal Council for special occasion licenses. Section 10.4.06.4 Every license shall be issued in the name of the applicant and no license shall be transferable, nor shall the holder thereof allow any other person to use the license. Section 10.4.06.5 Before the Council shall issue any license, notice of the application shall be posted in public places and comments shall be received on the application for period of twenty (20) days at the Shoalwater Bay Tribal office. Section 10.4.06.6 Before the Council shall issue any license it shall give due consideration to the location of the business. Section 10.4.06.7 All licenses issued by the Tribe shall be posted in a conspicuous place on the licensed premises. 10.4.06.8 Inspection Following License (a.) All licensed premises used in the storage or sale of alcoholic beverages, or any premises or parts of premises used or in any way connected, physically or otherwise, with the licensed business, shall at all times be open to inspection by any tribal inspector or tribal police officer authorized by the Council to do such inspection. (b.) Every person, being on any such premises and having charge thereof, who refuses to admit a tribal inspector or tribal police officer demanding to enter therein pursuant to authority herein, or who obstructs or attempts to obstruct the entry of such inspector or tribal police officer, or who refuses to allow the inspector to examine the books of the licensee, or who refuses to or neglects to make any return required by this Code or the regulations passed pursuant thereto, shall be deemed to be in violation of this Code. 10.4.06.9 Suspension and Cancellation (a.) The Council may, for violation of this Code, suspend or cancel any license or permit; and all rights to keep or sell alcoholic beverages thereunder shall be suspended or terminated as the case may be. (b.) Prior to cancellation or suspension, the Council shall send notice of its intent to cancel or suspend to the licensee or permit holder. A license or a permit is a privilege and no person shall have a vested right to one. The Council shall give at least ten (10) day's notice of such cancellation or suspension. The licensee shall have the right, prior to cancellation or suspension date, to apply to the Tribal Court for a hearing to determine whether the license was rightfully suspended or cancelled. The sovereign immunity of the Shoalwater Bay Tribe is waived for this hearing to seek declaratory and injunctive relief; provided that this waiver shall not waive sovereign immunity to allow the award of money damages, attorney fees or cost against the Tribe nor to grant any other relief other than a declaratory and injunctive relief nor shall it be construed to waiver sovereign immunity for suit in any court other than Tribal Court. This waiver shall not apply to a denial of an application for a license nor to a refusal to renew an expired license. 10.4.06.10 Expiration of License No license or permit shall be for a period longer than a year and may be for a shorter period at the discretion of the Tribe. Unless sooner cancelled, every license or permit issued by the Council shall expire at midnight on the last day of the Tribal fiscal year. Licenses issued less than six months before that date shall only cost one-half of the annual fee. Chapter 10.5 State of Washington Licenses and Agreements Section 10.5.01 State of Washington Licenses and Agreements The Tribe may negotiate at its discretion an agreement with the State of Washington or obtain a State of Washington liquor license or licenses for any purpose including any tribally operated establishment that sells alcoholic beverages or conducts transactions involving alcoholic beverages to allow the Tribe or its licensees to sell liquor in Shoalwater Bay Indian Country or within trust land under the Tribe's control. Chapter 10.6 Disputes; Violations; Penalties Section 10.6.01 Disputes with Licensees; Violations; Penalties; Exclusive Tribal Court Jurisdiction Any disputes or violations that arise under this Title shall be resolved by mediation or by a suit in Tribal Court, which shall have exclusive civil and criminal jurisdiction for actions arising under or to enforce this Title. Chapter 10.7 Section 10.07.01 Applicability of State Law The Council and its agents shall act in conformity with Washington State laws regarding the liquor transactions to the extent required by applicable federal law, including 18 U.S.C. Sec. 1161. [[Page 25482]] Chapter 10.8 Illegal Activities Section 10.8.01 Persons Under 21 Years of Age: Restrictions (a.) No person under the age of 21 years shall purchase or possess alcoholic beverages in any establishment operating pursuant to the provisions of this Title. (b.) No person shall permit any other person under the age of 21 to consume liquor on his premises or any premises under their control except in those situations set out in this section. Any person violating this section shall be guilty of a separate violation of this Title for each and every drink so consumed. (c.) Any person who shall sell or provide any liquor to any person under the age of 21 years shall be guilty of a violation of this Title for each such sale or drink provided. (d.) Any person who transfers in any manner an identification of age to a person under the age of 21 years for the purpose of permitting such person to obtain liquor shall be guilty of an offense, provided that corroborative testimony of a witness other than the underage person shall be a requirement of finding a violation of this Title. (e.) Any person who attempts to purchase an alcoholic beverage through the use of false or altered identification which falsely purports to show the individual to be over the age of 21 years shall be guilty of violating this Title. Section 10.8.02 Restrictions on Intoxicated Persons No Tribally operated or licensed establishment shall sell, give, or furnish any alcoholic beverage or in any way allow any alcoholic beverage to be sold, given or furnished to a person who is obviously intoxicated. Section 10.8.03 Hours and Days of Sale No Tribally operated or licensed establishment shall sell or furnish alcoholic beverages for on-site purposes during hours or on days not in compliance with applicable law. Section 10.8.04 Illegal Sales or Purchase (a.) Any person who shall sell or offer for sale or distribute or transport in any manner, liquor in violation of this Title, or who shall operate or shall have liquor for sale in their possession without a license, shall be guilty of a violation of this Title subjecting them to civil fines assessed by the Tribal Council; (b.) Any person within the boundaries of the reservation or trust land of the Tribe who buys liquor from any person other than a properly licensed facility or the Tribal Enterprise shall be guilty of a violation of this Title; (c.) Any person who keeps or possesses liquor upon their person or in any place or on premises conducted or maintained by their principal or agent with the intent to sell or distribute it contrary to the provisions of this Title, shall be guilty of a violation of this Title; (d.) Any person engaging wholly or in part in the business of carrying passengers for hire, and every agent, servant, or employee of such person, who shall knowingly permit any person to drink liquor in any public conveyance, shall be guilty of an offense under this Title. Any person who shall drink liquor in a public conveyance shall be guilty of a violation of this Title. Section 10.8.06 Identification When requested by the provider of liquor, any person shall be required to present official documentation of the bearer's age, signature, and photograph. Official documentation includes one of the following: (a.) Valid driver's license, identification, or enrollment card issued by any Tribe or State department of motor vehicles; (b.) United States Active Duty Military Identification; (c.) Liquor control authority card of identification of any state; or (d.) Passport. Section 10.8.07 Contraband (a.) Liquor, which is possessed, including for sale, contrary to the terms of this Title is declared to be contraband. Any Tribal agent, employee or officer who is authorized by the Tribal Council to enforce this section shall seize all contraband and preserve it in accordance with the provisions established for the preservation of impounded property; and (b.) Upon being found in violation of the Title, the party shall forfeit all right, title and interest in the items seized which shall become the property of the Tribe. Section 10.8.08 Tribal Liquor Stamp (a.) No liquor, other than beer and wine, sold pursuant to a Tribal license shall be sold on the Shoalwater Bay Indian Reservation, in Shoalwater Bay Indian Country or on trust land unless there shall be affixed a stamp of the Shoalwater Bay Tribal Council. Any sales made in violation of this provision shall be remedied as set out in this Title. All liquor other than beer and wine sold pursuant to a Tribal license not so stamped, which is sold or held for sale, is hereby declared contraband and, in addition to any penalties imposed by the Court in violation of this section, it may be confiscated and forfeited in accordance with procedures herein. (b.) No person other than an employee of the Tribe shall keep or have in his or her possession any legal seal prescribed under this Code unless the same is attached to a package which has been purchased from a tribal liquor outlet, nor shall any person keep or have in his or her possession any design in imitation of any official seal prescribed under this Code or calculated to deceive by its resemblance to any official seal or any paper upon which such design is stamped, engraved, lithographed, printed or otherwise marked. Any person violating this provision shall be in violation of this Title. Section 10.8.09 Defense to Action for Sale to Minors It shall be a defense to a suit for serving alcoholic beverages to a person under twenty-one years of age if such a person has presented a card of identification. (a.) In addition to the presentation by the holder and verification of such card of identification, the seller shall require the person whose age may be in question to sign a card and place a date and number of this card of identification thereon. Such statement shall be upon a five-inch by eight-inch file card, which card shall be filed alphabetically by the licensee at or before the close of business on the day on which the statement is executed, in the file box contained containing a suitable alphabetical index and the card shall be subject to examination by any tribal peace officer or employee of the Tribe at all times. (b.) Such card in the possession of a licensee may be offered as defense in any hearing by the Tribal Court for serving liquor to the person who signed the card and may be considered by the Court as evidence that the licensee acted in good faith. Section 10.8.10 Civil Fines Any person guilty of a violation of this Title or any regulation shall be liable to pay the Tribe the amount of $500 per violation plus costs as civil damages to defray the Tribe's cost of enforcement of this Title when there is no other penalty specifically provided. Section 10.8.11 Enforcement (a.) In any proceeding under this Title, conviction of one unlawful sale or distribution of liquor shall establish prima facie intent of unlawfully keeping [[Page 25483]] liquor for sale, selling liquor or distributing liquor in violation of this Title. (b.) The Shoalwater Bay Tribal Court shall have jurisdiction over any case brought by the Tribe for violations of this Code. The Tribal Court may, in addition to the above penalty, grant to the Tribe such other relief as may be necessary and proper for the enforcement of this Code, including but not limited to injunctive relief against acts in violation of this Code. Section 10.8.12 Abatement (a.) Any room, house, building, vehicle, structure, or other place where liquor is sold, manufactured, bartered, exchanged, given away, furnished, or otherwise disposed of in violation of the provisions of this Title or of any other Tribal law relating to the manufacture, importation, transportation, possession, distribution, and sale of liquor, and all property kept in and used in maintaining such place, is hereby declared to be a nuisance; (b.) The Chairman of the Tribal Council or, if the Chairman fails or refuses to do so, by a majority vote, the Tribal Council may institute and maintain an action in the name of the Tribe to abate and perpetually enjoin any nuisance declared under this Title. The Tribe shall not be required to give bond to maintain this action. In addition to all other remedies at Tribal law, the Tribal Court may also order the room, house, building, vehicle, structure, or place closed for a period of one (l) year or until the owner, lessee, tenant, or occupant thereof shall give bond of sufficient sum of not less than $25,000 payable to the Tribe and on the condition that liquor will not be thereafter manufactured, kept, sold, bartered, exchanged, given away, furnished, or otherwise disposed of thereof in violation of the provisions of this Title or of any other applicable Tribal law and that they will pay all fines, costs and damages assessed against them for any violation of this Title. If any conditions of the bond be violated, the bond may be recovered for the use of the Tribe; and (c.) In all cases where any person has been found in violation of this Title relating to the manufacture, importation, transportation, possession, distribution, and sale of liquor, an action may be brought to abate as a nuisance any real estate or other property involved in the violation of the Title and violation of this Title shall be prima facie evidence that the room, house, building, vehicle, structure, or place against which such action is brought is a public nuisance. Chapter 10.9 Tribal Taxation Section 10.9.01 Taxation (a.) The power to levy taxes under the provisions of this Title is vested exclusively with the Tribal Council. (b.) All revenues received, funds collected, and property acquired by the Shoalwater Bay Tribal Council or by the Shoalwater Bay Tribal Enterprise pursuant to this Code shall be the property of the Shoalwater Bay Indian Tribe. The net proceeds shall be paid through the tribal treasurer in the general tribal fund of the Shoalwater Bay Indian Tribe for the general governmental services of the Tribe. The Tribe reserves the right to enter into any agreement with the State of Washington related to taxation in lieu of, or in addition to, this Chapter 10.9, as the Tribe deems necessary. Section 10.9.02 Liquor Sales Excise Tax (a.) There is hereby levied and shall be collected a tax upon each sale of liquor, except beer and wine, whatever package or container, in the amount of three (3) cents per fluid ounce or fraction thereof contained in such package or container. (b.) There is hereby levied and shall be collected a tax upon each sale of beer or wine in the amount of five percent (5%) of the selling price. (c.) These excise taxes shall be added to the sale price of the liquor sold and shall be paid by the buyer to the Shoalwater Bay Liquor Enterprise or the licensed or permitted tribal seller who shall collect the same and hold those taxes in trust until collected by the Shoalwater Bay Tribal treasurer. The taxes provided for herein shall be the only taxes applicable to the activities of the Shoalwater Bay Liquor Enterprise. (d.) All tax revenues shall be transferred to the Tribal treasurer for deposit in the tribal tax fund for the benefit of the Shoalwater Bay Indian Tribe. In appropriating from those tax revenues, the Council shall give priority to: (1.) Strengthening tribal government which shall include but not be limited to strengthening tribal court and law enforcement systems and the system for administering and enforcing this Code. (2.) Fire protection, roads, and water and sewage services. (3.) Health, education, and other social services, and land acquisition and development needs. The Council shall have the sole discretion to determine which of the above priorities shall receive an appropriation and the amount of the appropriation for a given priority. (e.) The Enterprise and retail licensees shall keep such records required by the Tribal treasurer to determine the amount of taxes owing and shall complete the tax returns in accordance with instructions from the Tribal treasurer. (f.) Amendments to the amounts and types of taxes levied on the sale of liquor may be made from time to time by regulation by the Shoalwater Bay Tribal Council. Chapter 10.10 Construction Section 10.10.01 Severability If any part of this Title or the application thereof to any party, person, or entity or to any circumstances shall be held invalid for any reason whatsoever, the remainder of the Title shall not be affected thereby, and shall remain in full force and effect as though no part thereof had been declared to be invalid. Section 10.10.02 Amendment or Repeal of Title This Title may be amended or repealed by a majority vote of the Tribal Council. Section 10.10.03 Sovereign Immunity Nothing in this Title is intended to nor shall be construed as a waiver of the sovereign immunity of the Shoalwater Bay Indian Tribe except as provided in section 10.04.06.9 above. Section 10.10.04 Effective Date This Title shall be effective upon the thirtieth (30th) day after the Secretary of the Interior certifies this Title and publishes it in the Federal Register. Section 10.10.05 Jurisdiction Notwithstanding anything in this Title to the contrary, nothing herein is intended to nor shall be construed as a grant of jurisdiction from the Shoalwater Bay Indian Tribe to the State of Washington beyond that provided expressly by applicable law. The Tribe shall operate in conformity with State law and Tribal law to the extent required pursuant to 18 U.S.C. Sec. 1161. [FR Doc. 2018-11839 Filed 5-31-18; 8:45 am] BILLING CODE 4337-15-P
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implementation of their supporting address, or other personal identifying published in the Federal Register on
HCPs. The primary purpose of the information in your comment, you November 14, 1979, and any and all
scoping process is for the public and should be aware that your entire previous statutes.
other agencies to assist in developing comment(s)—including your personal DATES: This Ordinance takes effect July
the PEIS by identifying important issues identifying information—may be made 2, 2018.
and alternatives that should be publicly available at any time. While FOR FURTHER INFORMATION CONTACT: Mr.
considered. However, this scoping you can ask us in your comment(s) to Greg Norton, Tribal Government
process would also be used to inform withhold your personal identifying Specialist, Northwest Regional Office,
single-project EISs if we determine it is information from public review, we Bureau of Indian Affairs, 911 Northeast
more appropriate to prepare a separate cannot guarantee that we will be able to 11th Avenue, Portland, OR 97232;
EIS for each of the proposed permit do so. Comments and materials we telephone: (503) 231–6702; fax: (503)
actions. receive, as well as supporting 231–2201.
The Service is requesting data, documentation we use in preparing the
comments, new information, and/or SUPPLEMENTARY INFORMATION: Pursuant
PEIS, will be available for public
recommendations from the public, other inspection by appointment, during to the Act of August 15, 1953, Public
governmental agencies, the scientific normal business hours, at the Service’s Law 83–277, 67 Stat. 586, 18 U.S.C.
community, Native Hawaiian Pacific Islands Fish and Wildlife Office. 1161, as interpreted by the Supreme
organizations or entities, industry, or Court in Rice v. Rehner, 463 U.S. 713
other interested parties related to our Reasonable Accommodation (1983), the Secretary of the Interior shall
development of the PEIS or individual Persons needing reasonable certify and publish in the Federal
EISs. We seek specific comments on: accommodations to attend and Register notice of adopted liquor
1. Biological information and relevant participate in the public meetings ordinances for the purpose of regulating
data (e.g., range, distribution, should contact Darren LeBlanc or liquor transactions in Indian country.
population size, and population trends) Michelle Bogardus at the Service’s This notice is published in
for the Hawaiian hoary bat, Hawaiian Pacific Islands Fish and Wildlife Office accordance with the authority delegated
goose, and the Hawaiian petrel; (see FOR FURTHER INFORMATION CONTACT). by the Secretary of the Interior to the
2. Potential direct and indirect To allow sufficient time to process Assistant Secretary—Indian Affairs. I
impacts on the human environment that requests, please call no later than 14 certify that the Shoalwater Bay Indian
would occur as a result of the continued days in advance of the meeting dates. Tribe of the Shoalwater Bay Indian
operation of these wind energy facilities Reservation adopted Resolution
Authority Number: 02–16–18–07 (Liquor Control
and the proposed increase in authorized
take of the Hawaiian hoary bat, We provide this notice in accordance Ordinance) on February 16, 2018. The
Hawaiian goose, and the Hawaiian with the requirements of section 10 of statute repeals and replaces the previous
petrel; the ESA (16 U.S.C. 1531 et seq.), and per liquor control ordinance published in
3. Whether a programmatic NEPA NEPA regulations (40 CFR 1501.7, 40 the Federal Register on November 14,
approach, as proposed, or separate CFR 1506.5 and 1508.22). 1979 (44 FR 65675).
NEPA evaluations for each of the four Dated: January 31, 2018. Dated: May 14, 2018.
wind energy projects, is appropriate; Theresa E. Rabot, John Tahsuda,
4. Possible alternatives to the
Deputy Regional Director, Pacific Region, U.S. Principal Deputy Assistant Secretary—Indian
proposed ITP actions that the Service Fish and Wildlife Service. Affairs, Exercising the Authority of the
should evaluate; Assistant Secretary—Indian Affairs.
[FR Doc. 2018–11821 Filed 5–31–18; 8:45 am]
5. The presence of archaeological
sites, buildings and structures, historic BILLING CODE 4333–15–P SHOALWATER BAY INDIAN TRIBE
events, sacred and traditional areas, and TRIBAL CODE
other historic preservation concerns in
DEPARTMENT OF THE INTERIOR TITLE 10—LIQUOR CONTROL
the vicinity of any of the four wind
project sites, including their mitigation Bureau of Indian Affairs Chapter 10.1 General Provisions
areas, which are required to be
[189A2100DD/AAKC001030/ Section 10.1.01 Title
considered in project planning by the
National Historic Preservation Act; and A0A501010.999900 253G] This Title shall be cited as the tribal
6. Other past, present, or reasonably ‘‘Liquor Control’’ code of the Shoalwater
Shoalwater Bay Indian Tribe of the
foreseeable future activities on the Bay Indian Tribe.
Shoalwater Bay Indian Reservation
islands of Oahu, Maui, and Hawaii that
Liquor Ordinance; Repeal and Replace Section 10.1.02 Authority
may contribute to the cumulative
impact on the Hawaiian hoary bat, AGENCY: Bureau of Indian Affairs, This title is enacted pursuant to the
Hawaiian goose, and the Hawaiian Interior. Tribe’s inherent sovereignty and
petrel. ACTION: Notice. pursuant to the provisions of the
Once the draft PEIS (or individual Shoalwater Bay Tribal Constitution,
EISs) and draft HCPs are prepared, there SUMMARY: This notice publishes the Article VI, Powers of the Tribal Council,
will be further opportunity for comment Shoalwater Bay Indian Tribe of the Section 1. Enumerated Powers,
on the content of these documents Shoalwater Bay Indian Reservation (the subsections (e),(f) and (x) and in
through an additional public comment Tribe) Liquor Control Ordinance (the conformity with the applicable laws of
daltland on DSKBBV9HB2PROD with NOTICES
period. Ordinance). The Ordinance certifies the the State of Washington to the extent
Tribe’s liquor licensing laws to regulate required under 18 U.S. C. § 1161.
Public Availability of Comments and control the possession, sale, and
You may submit your comments and consumption of liquor within the Section 10.1.03 Relation to Other
materials by one of the methods listed jurisdiction of the Tribe’s reservation. Tribal Laws
above in ADDRESSES. Before including The Ordinance repeals and replaces the Prior liquor control ordinances are
your address, phone number, email previous liquor control ordinance hereby repealed. Chapter 2.06 of the
VerDate Sep<11>2014 19:01 May 31, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\01JNN1.SGM 01JNN1](https://thefederalregister.org/doc/83_FR_25585/page/1.svg)
![Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices 25483
liquor for sale, selling liquor or Chapter 10.9 Tribal Taxation (e.) The Enterprise and retail licensees
distributing liquor in violation of this Section 10.9.01 Taxation shall keep such records required by the
Title. Tribal treasurer to determine the
(b.) The Shoalwater Bay Tribal Court (a.) The power to levy taxes under the amount of taxes owing and shall
shall have jurisdiction over any case provisions of this Title is vested complete the tax returns in accordance
brought by the Tribe for violations of exclusively with the Tribal Council.
with instructions from the Tribal
this Code. The Tribal Court may, in (b.) All revenues received, funds
collected, and property acquired by the treasurer.
addition to the above penalty, grant to
the Tribe such other relief as may be Shoalwater Bay Tribal Council or by the (f.) Amendments to the amounts and
necessary and proper for the Shoalwater Bay Tribal Enterprise types of taxes levied on the sale of
enforcement of this Code, including but pursuant to this Code shall be the liquor may be made from time to time
not limited to injunctive relief against property of the Shoalwater Bay Indian by regulation by the Shoalwater Bay
acts in violation of this Code. Tribe. The net proceeds shall be paid Tribal Council.
through the tribal treasurer in the
Section 10.8.12 Abatement general tribal fund of the Shoalwater Chapter 10.10 Construction
(a.) Any room, house, building, Bay Indian Tribe for the general Section 10.10.01 Severability
vehicle, structure, or other place where governmental services of the Tribe. The
liquor is sold, manufactured, bartered, Tribe reserves the right to enter into any If any part of this Title or the
exchanged, given away, furnished, or agreement with the State of Washington application thereof to any party, person,
otherwise disposed of in violation of the related to taxation in lieu of, or in or entity or to any circumstances shall
provisions of this Title or of any other addition to, this Chapter 10.9, as the be held invalid for any reason
Tribal law relating to the manufacture, Tribe deems necessary. whatsoever, the remainder of the Title
importation, transportation, possession, shall not be affected thereby, and shall
distribution, and sale of liquor, and all Section 10.9.02 Liquor Sales Excise
Tax remain in full force and effect as though
property kept in and used in no part thereof had been declared to be
maintaining such place, is hereby (a.) There is hereby levied and shall invalid.
declared to be a nuisance; be collected a tax upon each sale of
(b.) The Chairman of the Tribal liquor, except beer and wine, whatever Section 10.10.02 Amendment or
Council or, if the Chairman fails or package or container, in the amount of Repeal of Title
refuses to do so, by a majority vote, the three (3) cents per fluid ounce or
Tribal Council may institute and fraction thereof contained in such This Title may be amended or
maintain an action in the name of the package or container. repealed by a majority vote of the Tribal
Tribe to abate and perpetually enjoin (b.) There is hereby levied and shall Council.
any nuisance declared under this Title. be collected a tax upon each sale of beer Section 10.10.03 Sovereign Immunity
The Tribe shall not be required to give or wine in the amount of five percent
bond to maintain this action. In addition (5%) of the selling price. Nothing in this Title is intended to
to all other remedies at Tribal law, the (c.) These excise taxes shall be added nor shall be construed as a waiver of the
Tribal Court may also order the room, to the sale price of the liquor sold and sovereign immunity of the Shoalwater
house, building, vehicle, structure, or shall be paid by the buyer to the Bay Indian Tribe except as provided in
place closed for a period of one (l) year Shoalwater Bay Liquor Enterprise or the section 10.04.06.9 above.
or until the owner, lessee, tenant, or licensed or permitted tribal seller who
occupant thereof shall give bond of shall collect the same and hold those Section 10.10.04 Effective Date
sufficient sum of not less than $25,000 taxes in trust until collected by the
payable to the Tribe and on the Shoalwater Bay Tribal treasurer. The This Title shall be effective upon the
condition that liquor will not be taxes provided for herein shall be the thirtieth (30th) day after the Secretary of
thereafter manufactured, kept, sold, only taxes applicable to the activities of the Interior certifies this Title and
bartered, exchanged, given away, the Shoalwater Bay Liquor Enterprise. publishes it in the Federal Register.
furnished, or otherwise disposed of (d.) All tax revenues shall be Section 10.10.05 Jurisdiction
thereof in violation of the provisions of transferred to the Tribal treasurer for
this Title or of any other applicable deposit in the tribal tax fund for the Notwithstanding anything in this
Tribal law and that they will pay all benefit of the Shoalwater Bay Indian Title to the contrary, nothing herein is
fines, costs and damages assessed Tribe. In appropriating from those tax intended to nor shall be construed as a
against them for any violation of this revenues, the Council shall give priority grant of jurisdiction from the
Title. If any conditions of the bond be to: Shoalwater Bay Indian Tribe to the State
violated, the bond may be recovered for (1.) Strengthening tribal government of Washington beyond that provided
the use of the Tribe; and which shall include but not be limited expressly by applicable law. The Tribe
(c.) In all cases where any person has to strengthening tribal court and law shall operate in conformity with State
been found in violation of this Title enforcement systems and the system for
law and Tribal law to the extent
relating to the manufacture, administering and enforcing this Code.
importation, transportation, possession, required pursuant to 18 U.S.C. § 1161.
(2.) Fire protection, roads, and water
distribution, and sale of liquor, an and sewage services. [FR Doc. 2018–11839 Filed 5–31–18; 8:45 am]
action may be brought to abate as a (3.) Health, education, and other BILLING CODE 4337–15–P
daltland on DSKBBV9HB2PROD with NOTICES
nuisance any real estate or other social services, and land acquisition and
property involved in the violation of the development needs. The Council shall
Title and violation of this Title shall be have the sole discretion to determine
prima facie evidence that the room, which of the above priorities shall
house, building, vehicle, structure, or receive an appropriation and the
place against which such action is amount of the appropriation for a given
brought is a public nuisance. priority.
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Document Created: 2018-06-01 01:30:24
Document Modified: 2018-06-01 01:30:24
| 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 takes effect July 2, 2018. | |
| Contact | Mr. Greg Norton, Tribal Government Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911 Northeast 11th Avenue, Portland, OR 97232; telephone: (503) 231-6702; fax: (503) 231-2201. | |
| FR Citation | 83 FR 25479 |
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