[Federal Register Volume 76, Number 239 (Tuesday, December 13, 2011)]
[Notices]
[Pages 77549-77550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31895]


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

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Lummi Nation--Title 20--Code of Laws--Liquor Code

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes the amendment to Lummi Nation's Title 
20--Code of Laws--Liquor Code. The Code regulates and controls the 
possession, sale and consumption of liquor within the Lummi Nation's 
Reservation and Indian country. The land is located on trust land and 
this Code allows for the possession and sale of alcoholic beverages 
within the Lummi Nation's Reservation and Indian country. The Code will 
increase the ability of the tribal government to control the 
distribution and possession of liquor within their reservation and 
Indian country, and at the same time

[[Page 77550]]

will provide an important source of revenue, the strengthening of the 
tribal government and the delivery of tribal services.

DATES: Effective Date: This Amendment is effective as of December 13, 
2011.

FOR FURTHER INFORMATION CONTACT: Betty Scissions, Tribal Government 
Officer, Northwest Regional Office, Bureau of Indian Affairs, 911 NE. 
11th Avenue, Portland, OR 97232, Telephone: (503) 231-6723; Fax: (503) 
231-6731; or De Springer, Office of Indian Services, Bureau of Indian 
Affairs, 1849 C Street NW., MS-4513 MIB, Washington, DC 20240; 
Telephone (202) 513-7626.

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 Lummi Indian Business Council 
adopted this amendment to Title 20--Lummi Nation Code of Laws--Liquor 
Code by Resolution 2011-038 on March 1, 2011.
    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 Lummi Indian Business Council duly adopted 
this amendment to Title 20--Lummi Nation Code of Laws--Liquor Code by 
Resolution 2011-038 on March 1, 2011.

    Dated: December 5, 2011.
Jodi Gillette,
Deputy Assistant Secretary--Indian Affairs.

    The amendment to Title 20--Lummi Nation Code of Laws--Liquor Code 
reads as follows:

20.01.020 Prior Legislation

    Beginning with the Treaty of Point Elliott, Article X, to which the 
ancestors of the Lummi Indian Tribe were parties, the Federal 
Government has respected this tribe's determinations regarding liquor 
related transactions and activities on the Lummi Indian Reservation. At 
treaty time, the Lummi Tribe's ancestors desired to exclude ``ardent 
spirits'' from their reservation. This desire was honored by Congress 
in the enactment of 18 U.S.C. 1154 and 18 U.S.C. 1161, which prohibit 
the introduction of liquor into the Lummi Indian Reservation unless and 
until the Lummi Indian Tribe has decided when and to what extent liquor 
transactions shall be permitted. The Lummi Tribe has decided to open 
the Lummi Indian Reservation to the possession, consumption, and sale 
of liquor by enacting Resolution L-33 on March 14, 1972. Subsequent 
circumstances have made it clear that it now necessary for the Lummi 
Indian Tribe to exert strict tribal regulation and control over all 
aspects of liquor sale, distribution, and use on the Lummi Indian 
Reservation and on lands held in trust by the United States for the 
benefit of the Lummi Indian Tribe.

20.01.030 Control Desired

    The enactment of the tribal ordinance governing liquor sales on the 
Lummi Indian Reservation and on lands held in trust for the benefit of 
the Lummi Indian Tribe and providing for exclusive purchase and sale 
through tribally owned and operated establishments will increase the 
ability of the Tribal Government to control reservation liquor 
distribution and possession, and, at the same time, will provide an 
important source of revenue for the continued operation of essential 
tribal social services.

20.01.040 Goals of Regulation

    Tribal regulation of the sale, possession, and consumption of 
liquor on the Lummi Indian Reservation and on land held in trust by the 
United States for the benefit of the Lummi Indian Tribe is necessary to 
protect the health, security, and general welfare of the Lummi Indian 
Tribe. In order to further these goals and to provide for an urgently 
needed additional source of governmental revenue, the Lummi Indian 
Business Council adopts this liquor ordinance to be known as the 
``Lummi Liquor Ordinance.'' This ordinance shall be liberally construed 
to fulfill the purposes for which it has been adopted.

[FR Doc. 2011-31895 Filed 12-12-11; 8:45 am]
BILLING CODE 4310-4J-P