Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices 15713 

and any other rights-of-way or 

reservations of record. 

Dated: March 20, 2007. 

Michael D. Olsen, 

Principal Deputy Assistant Secretary—Indian 

Affairs. 

[FR Doc. E7–6049 Filed 3–30–07; 8:45 am] 

BILLING CODE 4310–W7–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Buena Vista Rancheria of Me-Wuk 

Indians Liquor Control Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Buena Vista Rancheria of Me-Wuk 

Indians Liquor Control Ordinance. The 

Ordinance regulates and controls the 

possession, sale and consumption of 

liquor within the Buena Vista Rancheria 

of Me-Wuk Indian’s tribal land. The 

tribal land is located on trust land and 

this Ordinance allows for the possession 

and sale of alcoholic beverages within 

the exterior boundaries. This Ordinance 

will increase the ability of the tribal 

government to control the distribution 

and possession of liquor within their 

tribal land strengthen the tribal 

government. At the same time, it will 

provide an important source of revenue 

and the improve delivery of tribal 

services. 

DATES: Effective Date: This Ordinance is 

effective April 2, 2007. 

FOR FURTHER INFORMATION CONTACT: Fred 

Doka Jr., Tribal Operations Officer, 

Pacific Regional Office, 2800 Cottage 

Way, Sacramento, CA 95825, Telephone 

(916) 978–6067; or Ralph Gonzales, 

Office of Tribal Services, 1849 C Street, 

NW., Mail Stop 4513–MIB, Washington, 

DC 20240; Telephone (202) 513–7629; 

Fax (202) 208–5113. 

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 Buena Vista Rancheria of Me-Wuk 

Indians Tribal Council adopted this 

Liquor Control Ordinance by Resolution 

No. 06–0017 on September 13, 2006. 

The purpose of this Ordinance is to 

govern the sale, possession and 

distribution of alcohol within the Buena 

Vista Rancheria of Me-Wuk Indians 

Tribal land. 

This notice is published in 

accordance with the authority delegated 

by the Secretary of the Interior to the 

Principal Deputy Assistant Secretary—

Indian Affairs. I certify that this Liquor 

Control Ordinance of the Buena Vista 

Rancheria of Me-Wuk Indians was duly 

adopted by the Tribal Council on 

September 13, 2006. 

Dated: March 22, 2007. 

Michael D. Olsen, 

Principal Deputy Assistant Secretary—Indian 

Affairs. 

The Buena Vista Rancheria of MeWuk Indians Liquor Control Ordinance 

reads as follows: 

Liquor Ordinance of the Buena Vista 

Rancheria of Me-Wuk Indians 

Ordinance No. 05–0001 

Chapter I—Introduction 

Section 1.1. Title. This ordinance 

shall be known as the ‘‘Liquor 

Ordinance of the Buena Vista Rancheria 

of Me-Wuk Indians.’’

Section 1.2. Authority. This ordinance 

is enacted pursuant to the Act of August 

15, 1953 (Pub. L. 83–277, 67 Stat. 586, 

18 U.S.C. 1161) and the Constitution of 

the Buena Vista Rancheria of Me-Wuk 

Indians (‘‘Buena Vista Constitution’’). 

Section 1.3. Purpose. The purpose of 

this ordinance is to regulate and control 

the possession and sale of liquor on the 

Buena Vista Rancheria of Me-Wuk 

Indians (‘‘Buena Vista Rancheria’’ or 

‘‘Tribe’’). The enactment of a tribal 

ordinance governing liquor possession 

and sale on the Rancheria Land will 

increase the ability of the Tribal 

government to control Tribal liquor 

distribution and possession, and at the 

same time will provide an important 

source of revenue for the continued 

operation and strengthening of the 

Tribal government and the delivery of 

the tribal government services. 

Chapter II—Definitions 

Section 2.1. As used in this 

ordinance, the following words shall 

have the following meanings unless the 

context clearly requires otherwise. 

Section 2.2. ‘‘Alcohol’’ means that 

substance known as ethyl alcohol, 

hydrated oxide of etyhl, or spirit of wine 

which is commonly produced by the 

fermentation or distillation of grain, 

starch, molasses, or sugar, or other 

substances including all dilution of this 

substance. 

Section 2.3. ‘‘Alcoholic Beverage’’ is 

synonymous with the term ‘‘Liquor’’ as 

defined in Section 2.7 of this Chapter. 

Section 2.4. ‘‘Bar’’ means any 

establishment with special space and 

accommodations for sale by the glass, 

can or bottle and for consumption on 

the licensed premises of liquor, as 

herein defined. 

Section 2.5. ‘‘Beer’’ means any 

beverage 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 of cereal in pure water 

containing not more than four percent of 

alcohol by volume. For the purposes of 

this section, any such beverage, 

including ale, stout, and porter, 

containing more than four percent of 

alcohol by weight shall be referred to as 

‘‘strong beer.’’

Section 2.6. ‘‘Licensed Premises’’

means any store at which liquor is sold 

and, for the purposes of this ordinance, 

includes stores only a portion of which 

are devoted to sale of liquor or beer, any 

bar, or any public place designated by 

the Tribe as a licensed premises for the 

sale of alcoholic beverages. 

Section 2.7. ‘‘Liquor’’ includes the 

four varieties of liquor herein defined 

(alcohol, spirits, wine and beer), and all 

fermented spirituous, vinous, or malt 

liquor or combination thereof, and 

mixed liquor, or otherwise intoxicating; 

and every liquor or solid or semisolid or 

other substance, patented or not, 

containing alcohol, spirits, wine and 

beer, and all drinks or drinkable liquids 

and all preparations or mixtures capable 

of all human consumption and any 

liquid, semisolid, solid, or other 

substances, which contain more than 

one percent of alcohol by weight shall 

be conclusively deemed to be 

intoxicating. 

Section 2.8. ‘‘Malt Liquor’’ means 

beer, strong beer, ale stout, and porter. 

Section 2.9. ‘‘Package’’ means any 

container or receptacle used for holding 

liquor. 

Section 2.10. ‘‘Public Place’’ includes 

tribal roads; buildings and grounds used 

for school purposes; public dance halls 

and grounds adjacent thereto; soft drink 

establishment, public buildings, public 

meeting halls, lobbies, halls and dining 

room of hotels, restaurants, theater, 

gaming facilities, entertainment centers, 

store garages, and filing stations which 

are open to and/or are generally used by 

the public and to which the public is 

permitted to have unrestricted access; 

public conveyances of all kinds of 

character; and all other places of like or 

similar nature to which the general 

public has unrestricted right to access, 

and which are generally used by the 

public. For the purposes of this 

ordinance, ‘‘Public Place’’ shall also 

include any premises other than a single 

family home which is designed for or 


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may be used by more than just the 

owner of the establishment. 

Section 2.11. ‘‘Rancheria Land’’

means aboriginal land of the Tribe 

consisting of approximately 67 acres 

located at 4650 Coal Mine Road in Ione, 

California (see also Section 2.15, Tribal 

Land). 

Section 2.12. ‘‘Sale’’ and ‘‘Sell’’

include exchange, barter, and traffic; 

and also include the selling or 

supplying or distributing by any means 

whatsoever, or liquor, or of any liquid 

known or described as beer or by any 

name whatsoever commonly used to 

describe malt or brewed liquor or wine 

by any person to any person. 

Section 2.13. ‘‘Spirits’’ mean any 

beverage, which contains alcohol 

obtained by distillation, including 

wines exceeding 17 percent (17%) of 

alcohol by weight. 

Section 2.14. ‘‘Tribal Council’’ means 

the Tribal Council of the Buena Vista 

Rancheria of Me-Wuk Indians. 

Section 2.15. ‘‘Tribal Land’’ means 

any land within the exterior boundaries 

of the Rancheria Land which is either 

held by the Tribe or held in trust by the 

United States for the Tribe as a whole, 

including such land leased to other 

parties. 

Section 2.16. ‘‘Tribe’’ means the 

Buena Vista Rancheria of Me-Wuk 

Indians, a federally recognized Indian 

tribe. 

Section 2.17. ‘‘Wine’’ means any 

alcoholic beverage obtained by 

fermentation of fruits (grapes, berries, 

apples, etc.) or other agricultural 

product containing sugar, to which any 

saccharine substances may have been 

added before, during or after 

fermentation, containing not more than 

17 percent of alcohol by weight, 

including sweet wines fortified with 

wine spirits such as port, sherry, 

muscatel, and angelica, not exceeding 

17 percent of alcohol by weight. 

Section 2.18. ‘‘Trust Account’’ means 

the account designated by the Tribal 

Council for deposit of proceeds from the 

tax from the sale of alcoholic beverages. 

Section 2.19. ‘‘Trust Agent’’ means 

the Tribal Chairperson or designee of 

the Chairperson. 

Chapter III—Powers of Enforcement 

Section 3.1. Powers. The Tribal 

Council, in furtherance of this 

ordinance, shall have the following 

powers and duties: 

(a) To publish and enforce the rules 

and regulations governing the sale, 

manufacture, and distribution of 

alcoholic beverages on the Rancheria 

Land; 

(b) To employ managers, accountants, 

security personnel, inspectors, and such 

other persons as shall be reasonably 

necessary to allow the Tribal Council to 

perform its functions: 

(c) To issue licenses permitting the 

sale or manufacture or distribution of 

liquor on the Rancheria Land; 

(d) To hold hearings on violations of 

this ordinance or for the issuance or 

revocation of licenses hereunder; 

(e) To bring suit in the appropriate 

court to enforce this ordinance as 

necessary; 

(f) To determine and seek damages for 

violation of this ordinance; 

(g) To make such reports as it deems 

necessary to inform Tribal members; 

and 

(h) To collect taxes and fees levied or 

set by the Tribal Council and to keep 

accurate records, books, and accounts. 

Section 3.2. Limitation on Powers. In 

the exercise of its powers and duties 

under this ordinance, the Tribal Council 

and its individual members shall not 

accept any gratuity, compensation or 

other thing of value from any liquor 

wholesaler, retailer, or distributor or 

from any licensee. 

Section 3.3. Inspection Rights. The 

licensed premises on which liquor is 

sold or distributed shall be open for 

inspection by the Tribal Council or its 

designee at all reasonable times for the 

purposes of ascertaining whether the 

rules and regulations of this ordinance 

are being compiled with. 

Chapter IV—Sales of Liquor 

Section 4.1. Licenses Required. No 

sales of alcoholic beverages shall be 

made on Tribal Land, except at a 

licensed premises. 

Section 4.2. Sales Only on Tribal 

Land. All liquor sales within the 

exterior boundaries of the Rancheria 

Land shall be on Tribal Land, including 

leases thereon. 

Section 4.3. Sales for Cash. All liquor 

sales on Tribal Land shall be on a cashonly basis and no credit shall be 

extended to any person, organization, or 

entity, except that this provision does 

not prevent the use of major credit cards 

such as Visa, American Express, 

etcetera. 

Section 4.4. Sales for Personal 

Consumption. All liquor sales shall be 

for the personal use and consumption of 

the purchaser. Resale of any alcoholic 

beverage purchased on Tribal Land is 

prohibited. Any person who is not 

licensed pursuant to this ordinance and 

who purchases an alcoholic beverage on 

Tribal Land and sells it, whether in the 

original container or not, shall be guilty 

of a violation of this ordinance and shall 

be subject to penalties as set forth 

herein. 

Chapter V—Licensing 

Section 5.1. Application for Tribal 

Liquor License Requirements. No Tribal 

license shall be issued under this 

ordinance except upon a sworn 

application filed with the Tribal Council 

containing a full and complete showing 

of the following: 

(a) Satisfactory proof that the 

applicant is or will be duly licensed by 

the State of California. 

(b) Satisfactory proof that the 

applicant is of good character and 

reputation among the people of the 

Tribe and that the applicant is 

financially responsible. 

(c) A description of the premises on 

which the intoxicating beverages are to 

be sold and proof that the applicant is 

the owner or lessee of such premises for 

at least the term of the license. 

(d) An agreement by the applicant to 

accept and abide by all conditions of the 

Tribal license. 

(e) Payment of three hundred fifty 

dollar ($350.00) fee as prescribed by the 

Tribal Council. 

(f) Satisfactory proof that neither the 

applicant nor the applicant’s spouse has 

ever been convicted of a felony. 

(g) Satisfactory proof that notice of the 

application has been posted in a 

prominent, noticeable place on the 

premises where intoxicating beverages 

are to be sold for at least thirty (30) days 

prior to consideration by the Tribal 

Council, and that the notice has been 

published at least twice in a local 

newspaper, authorized by the Tribal 

Chairperson or Secretary, which serves 

the community that may be affected by 

the license. The notice shall state the 

date, time and place when the 

application shall be considered by the 

Tribal Council pursuant to Section 5.2 

of this ordinance. 

Section 5.2. Hearing on Application 

for Tribal Liquor License. All 

applications for a Tribal liquor license 

shall be considered by the Tribal 

Council in open session at which the 

applicant, his attorney, and any person 

protesting the application shall have the 

right to be present, and to offer sworn 

oral or documentary evidence relevant 

to the application. After the hearing, the 

Tribal Council shall determine whether 

to grant or deny the application based 

on: 

(1) Whether the requirements of 

Section 5.1 have been met; and 

(2) Whether the Tribal Council, in its 

discretion, determines that granting the 

license is in the best interests of the 

Tribe. 

In the event that the applicant is a 

member of the Tribal Council, or a 

member of the immediate family of a 


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Tribal Council member, such member 

shall not vote on the application or 

participate in the hearing as a Tribal 

Council member. 

Section 5.3. Temporary Permits. The 

Tribal Council or its designee may grant 

a temporary permit for the sale of 

alcoholic beverages for a period not to 

exceed three (3) days to any person 

applying for the same in connection 

with a Tribal or community activity, 

provided, that the condition prescribed 

in Section 5.4 of this ordinance shall be 

observed by the permittee. Each permit 

issued shall specify the types of 

alcoholic beverages to be sold. Further, 

a fee of thirty-five dollars ($35.00) will 

be assessed on temporary permits. 

Section 5.4. Conditions of the Tribal 

License. Any Tribal license issued 

under this title shall be subject to such 

reasonable conditions as the Tribal 

Council shall fix, including, but not 

limited to the following: 

(a) The license shall be for a term not 

to exceed one (1) year. 

(b) The license shall at all times 

maintain an orderly, clean and neat 

establishment, both inside and outside 

licensed premises. 

(c) The State of California shall have 

jurisdiction over offenses and civil 

causes of action committed in the 

licensed premises to the same extent 

that it has jurisdiction over offenses and 

civil causes of action committed 

elsewhere within California, and 

California criminal laws, and civil laws 

of general applicability to private 

persons or private property, shall have 

the same force and effect on the licensed 

premises as they have elsewhere in 

California. 

(d) The licensed premises shall be 

subject to patrol by the Tribal 

enforcement department, and such other 

law enforcement officials as may be 

authorized under federal, California, or 

Tribal law. 

(e) The licensed premises shall be 

open to inspection by duly authorized 

Tribal officials at all times during the 

regular business hours. 

(f) Subject to the provisions of 

subsection (g) of this section, no 

alcoholic beverages shall be sold, 

served, disposed of, delivered or 

consumed on the licensed premises 

except in conformity with the hours and 

days prescribed by the laws of the State 

of California, and the licensed premises 

shall not operate or open earlier or 

operate or close later than is permitted 

by the laws of the State of California. 

(g) No liquor shall be sold within two 

hundred (200) feet of a polling place on 

Tribal election days or when a 

referendum is held of the people of the 

Tribe, or at prescribed locations on 

special days of observation as 

designation by the Tribal Council. 

(h) All acts and transactions under the 

authority of the Tribal liquor license 

shall be in conformity with the laws of 

the State of California, and shall be in 

accordance with this ordinance and any 

Tribal license issued pursuant to this 

ordinance. 

(i) No person under the age permitted 

under the laws of the State of California 

shall be sold, served, delivered, given, 

or allowed to consume alcoholic 

beverages in the licensed establishment 

under and/or area. 

(j) There shall be no discrimination in 

any operations under a Tribal license by 

reason of race, color, or creed. 

Section 5.5. License Not a Property. 

Notwithstanding any other provision of 

this ordinance, a Tribal liquor license is 

a mere permit for a fixed duration of 

time. A Tribal liquor license shall not be 

deemed a property right or a vested 

right of any kind, nor shall the granting 

of a Tribal liquor license give rise to a 

presumption of legal entitlement to the 

granting of such license for a subsequent 

time period. 

Section 5.6. Assignment or Transfer. 

No Tribal license issued under this 

ordinance shall be assigned or 

transferred without the written approval 

of the Tribal Council, expressed by 

formal resolution. 

Chapter VI—Rules, Regulations, and 

Enforcement 

Section 6.1. Sales or Possession With 

Intent to Sell Without a License. Any 

person who sells or offers for sale or 

distributes or transports in any manner, 

any liquor in violation of this ordinance, 

or who operates or possesses liquor with 

intent to sell or distribute without a 

Tribal liquor license, shall be guilty of 

a violation of this ordinance. 

Section 6.2. Purchases From NonLicensed Premises. Any person who 

buys liquor on Tribal Land from any 

person at premises that are not properly 

licensed shall be guilty of a violation of 

this ordinance. 

Section 6.3. Sales to Intoxicated 

Persons. Any person who knowingly 

sells liquor to a person under the 

influence of alcoholic beverages to the 

extent that control of the person’s 

faculties is impaired shall be guilty of a 

violation of this ordinance. 

Section 6.4. Consuming Liquor in 

Public Conveyance. Any person engaged 

wholly or in part in the public 

conveyance business of carrying 

passengers for hire, and every agent, 

servant or employee or such person, 

who knowingly permits any person to 

drink any liquor in any vehicle that 

carries passengers for hire, while such 

vehicle is on Tribal land, shall be guilty 

of a violation of this ordinance. Any 

person who drinks any liquor in any 

vehicle that carries passengers for hire, 

while such vehicle is on Tribal land, 

shall be guilty of a violation of this 

ordinance. 

Section 6.5. Consumption or 

Possession of Liquor by Persons Under 

21 Years of Age. No person under the 

age of twenty-one (21) years in any 

licensed premises shall consume, 

acquire or have in his possession any 

alcoholic beverage. No person shall 

permit any other person under the age 

of twenty-one (21) to consume liquor on 

any licensed premises under his/her 

control. Any person violating this 

section shall be guilty of a separate 

violation of this ordinance for each and 

every alcoholic beverage so consumed, 

acquired or possessed. 

Section 6.6. Sales of Liquor to Persons 

Under 21 Years of Age. Any person who 

sells or provides liquor to any person 

under the age of twenty-one (21) years 

in any licensed premises shall be guilty 

of a violation of this ordinance for each 

and every sale or alcoholic beverage 

provided. 

Section 6.7. Transfer of Identification 

to Persons Under 21 Years of Age. Any 

person who transfers, in any manner, an 

identification of age to any person under 

the age of twenty-one (21) years for the 

purpose of permitting such underage 

person to obtain liquor from a licensed 

premises 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 ordinance. 

Section 6.8. Use of False or Altered 

Identification. Any person who attempts 

to purchase an alcoholic beverage at any 

licensed premises through the use of 

false or altered identification, which 

falsely purports to show the person to 

be over the age of twenty-one (21) years, 

shall be guilty of violating this 

ordinance. 

Section 6.9. Violations of This 

Ordinance. Any person found guilty of 

a violation of this ordinance shall be 

subject to a penalty not to exceed fivehundred dollars ($500.00) per violation, 

payable to the Tribe as civil damages to 

defray the Tribe’s cost of enforcement of 

this ordinance. In addition to any 

penalties so imposed, any license issued 

hereunder may be suspended or revoked 

by the Tribal Council after ten (10) days 

notice to the licensee. Any decisions of 

the Tribal Council regarding the 

enforcement of this ordinance are final. 

Section 6.10. Acceptable 

Identification. Where there is a question 

as to whether a person is a lawful age 

to purchase liquor, that person shall be 


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required to present any one of the 

following forms of identification, which 

is effective and shows the person’s 

correct age, signature and photograph: 

(1) Driver’s license or identification 

card issued by any state within the 

United States of America; 

(2) United States Active Duty Military 

Identification card; or 

(3) Valid Passport. 

Section 6.11. Possession of Liquor 

Contrary to This Ordinance. Alcoholic 

beverages which are possessed contrary 

to the terms of this ordinance are 

declared to be contraband. Any Tribal 

agent, employee, or officer who is 

authorized by the Tribal Council to 

enforce this ordinance shall have the 

authority to seize all contraband. 

Section 6.12. Disposition of Seized 

Contraband. Any Tribal agent, 

employee or officer seizing contraband 

under Section 6.11 shall preserve the 

contraband in accordance with 

applicable California law. Any person 

found in violation of this ordinance by 

the Tribal Council shall forfeit all right, 

title and interest in the items seized, 

which shall become the property of the 

Tribe. 

Chapter VII—Taxes 

Section 7.1. Sales Tax. There is 

hereby levied and shall be collected a 

tax on each sale of alcoholic beverages 

on Tribal Land in the amount of one 

percent (1%) of the sale price. The tax 

imposed by this section shall apply to 

all retail sales of liquor on Tribal Land 

and, with respect to sales by the Tribe 

and/or Tribal members, shall preempt 

any tax imposed on such liquor sales by 

the State of California. 

Section 7.2. Payments of Taxes to 

Tribe. All taxes from the sale of 

alcoholic beverages on Tribal Land shall 

be paid over to the trust agent of the 

Tribe. 

Section 7.3. Taxes Due. All taxes for 

the sale of alcoholic beverages on Tribal 

Land shall be due and owing to the 

Tribe within thirty (30) days of the end 

of the calendar quarter for which the 

taxes are due. 

Section 7.4. Reports. Along with 

payment of the taxes imposed herein, 

the taxpayer shall submit an accounting 

for the quarter of all income from the 

sale or distribution of alcoholic 

beverages, as well as for the taxes 

collected. 

Section 7.5. Audit. As a condition of 

obtaining a Tribal liquor license, the 

licensee must agree to a review or an 

audit of its books and records relating to 

the sale of alcoholic beverages on Tribal 

Land. Said review or audit may be done 

annually by the Tribe through its agents 

or employees whenever, in the opinion 

of the Tribal Council, such a review or 

audit is necessary to verify accuracy of 

reports. 

Chapter VIII—Profits 

Section 8.1. Disposition of Proceeds. 

The gross proceeds collected by the 

Tribe from all licensing and taxation of 

the sale of alcoholic beverages on Tribal 

Land shall be used and distributed for 

the payment of all necessary personnel, 

administrative costs, and legal fees for 

Tribal liquor ordinance operations and 

activities, and the remainder shall be 

deposited in the Trust Account of the 

Tribe. 

Chapter IX—Severability and 

Miscellaneous 

Section 9.1. Severability. If any 

provision or application of this 

ordinance is determined by review to be 

invalid, such determination shall not be 

held to render ineffective the remaining 

portions of this ordinance, nor shall 

such determination be held to render 

valid provisions of this ordinance that 

are inapplicable to other persons or 

circumstances. 

Section 9.2. Prior Enactments. All 

prior enactments of the Tribal Council 

that are inconsistent with the provisions 

of this ordinance are hereby rescinded. 

Section 9.3. Conformance with 

California Laws. All acts and 

‘‘transactions’’ under this ordinance 

shall be in conformity with the laws of 

the State of California as that term is 

used in 18 U.S.C. 1161. 

Section 9.4. Effective Date. This 

ordinance shall be effective on such 

date as the Secretary of the Interior 

certifies this ordinance and publishes 

the same in the Federal Register. 

Chapter X—Amendment 

Section 10.1. This ordinance may 

only be amended by a majority vote of 

the Tribal Council. 

Chapter XI—Sovereign Immunity 

Section 11.1. Nothing contained in 

this ordinance is intended to, nor does 

it in any way limit, alter, restrict, or 

waive the Tribe’s sovereign immunity 

from unconsented suit or action. 

Certification 

We, the undersigned duly elected 

official(s) of the Buena Vista Rancheria, 

do hereby certify under penalty of 

perjury that on September 13, 2006, the 

foregoing Ordinance was adopted at a 

duly called meeting of the Tribal 

Council with a quorum present by a 

vote of: 1 for, 0 against, and 0 

abstaining. 

Rhonda L. Morningstar Pope, Date: 

09/20/2006, Tribal Chairperson. 

Attested By: Monica Duran, Date: 09/ 

20/2006, Council Support Secretary. 

[FR Doc. E7–5962 Filed 3–30–07; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Chickasaw Nation Liquor Control 

Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Liquor Control Ordinance of the 

Chickasaw Nation of Oklahoma (Tribe). 

The Ordinance regulates and controls 

the possession, sale and consumption of 

liquor within the tribal lands of the 

Tribe. The tribal lands are located in 

Indian country and this Ordinance 

allows for possession and sale of 

alcoholic beverages within their exterior 

boundaries. This Ordinance will 

increase the ability of the tribal 

government to control the community’s 

liquor distribution and possession, and 

at the same time will provide an 

important source of revenue for the 

continued operation and strengthening 

of the tribal government and the 

delivery of tribal services. 

DATES: Effective Date: This Ordinance is 

effective on April 2, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Charles Head, Tribal Government 

Services Officer, Eastern Oklahoma 

Regional Office, 3100 W. Peak Blvd., 

Muskogee, OK 74402, Telephone: (918) 

781–4685, Fax (918) 781–4649; or Ralph 

Gonzales, Office of Tribal Services, 1849 

C Street, NW., Mail Stop 4513–MIB, 

Washington, DC 20240, Telephone: 

(202) 513–7629. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953, Pub. L. 

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 Chickasaw Tribal 

Legislature (Legislature) adopted its 

Liquor Ordinance by Resolution No. 24–

001 on October 20, 2006, and amended 

it by Resolution No. 24–003 on 

December 15, 2006 to conform to state 

law. This Liquor Ordinance will be the 

first published in the Federal Register 

for the Tribe. The purpose of this 

Ordinance is to govern the sale, 

possession and distribution of alcohol 

within tribal lands of the Tribe. 


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