Federal Register, Volume 83 Issue 8 (Thursday, January 11, 2018)

[Federal Register Volume 83, Number 8 (Thursday, January 11, 2018)]
[Notices]
[Pages 1458-1459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00346]



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Vol. 83

Thursday,

No. 8

January 11, 2018

Part II





Department of the Interior





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Bureau of Indian Affairs





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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

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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.

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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.

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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