Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Notices 15901 

Reference Nos. Choctaw reservation community Township Range Section County 

Book & page 

from county 

records 

106 ........................................................ Red Water ............. 13N 7E 25 ATTALA ................ 607/612 

107 ........................................................ Red Water ............. 12N 7E 1 LEAKE .................. 607/612 

108 ........................................................ Red Water ............. 12N 7E 2 LEAKE .................. 607/612 

109 ........................................................ Red Water ............. 13N 7E 35 ATTALA ................ 607/612 

110 ........................................................ Bogue Chitto ......... 11N 14E 5 KEMPER ............... 294/568 

[FR Doc. E7–6143 Filed 4–2–07; 8:45 am] 

BILLING CODE 4310–W7–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Amendment to the Chippewa Cree 

Tribe of the Rocky Boy’s Indian 

Reservation Liquor Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes an 

amendment to the Liquor Ordinance of 

the Chippewa Cree Tribe of the Rocky 

Boy’s Indian Reservation of Montana 

(Tribe). This amendment brings the 

existing Liquor Ordinance of the Tribe 

which regulates and controls the 

possession, sale and consumption of 

liquor within the Tribe’s reservation 

into conformance with state law. The 

Liquor Ordinance allows for possession 

and sale of alcoholic beverages within 

the Tribe’s Indian reservation, and 

increases the ability of the tribal 

government to control the Tribe’s liquor 

distribution and possession. At the same 

time it 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 9, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Louise Reyes, Indian Services Officer, 

Bureau of Indian Affairs, Rocky 

Mountain Regional Office, 316 North 

26th St., Billings, MT 59101, Telephone: 

(406) 247–7988, Telefax: (406) 247–

7566; or Ralph Gonzales, Office of 

Indian Services, 1849 C Street, NW., 

Mail Stop 4513–MIB, Washington, DC 

20240; Telephone No. (202) 513–7629. 

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 Chippewa Cree Business Committee 

adopted this amendment to their Liquor 

Ordinance by Resolution No. 27–06 on 

March 9, 2006. The purpose of this 

amendment is to bring their current 

Liquor Control Ordinance into 

conformance with State law. 

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 

Amendment to the Liquor Ordinance of 

the Chippewa Cree Tribe of the Rocky 

Boy’s Indian Reservation was duly 

adopted by the Chippewa Cree Business 

Committee on March 9, 2006. 

Dated: March 28, 2007. 

Michael D. Olsen, 

Principal Deputy Assistant Secretary—Indian 

Affairs. 

The Amendment to the Chippewa 

Cree Tribe of the Rocky Boy’s Indian 

Reservation Liquor Ordinance reads as 

follows: 

Chippewa Cree Law and Order Code 

Alcoholic Beverage Control Ordinance 

Chapter 1 General Provisions 

Section 1.1 Title—This Ordinance 

shall be known as the ‘‘Alcoholic 

Beverage Control Ordinance.’’ The Tribe 

previously passed Ordinance I–70 

which was certified by the 

Commissioner of Indian Affairs on June 

16, 1970, and published in the Federal 

Register on June 25, 1970, authorizing 

the introduction, sale or possession of 

intoxicating beverages on the Rocky 

Boy’s Reservation (35 FR 10384, 1970). 

This Ordinance replaces Ordinance I–70 

to include the following provisions as 

adopted by the Chippewa Cree Tribal 

Business Committee. 

Section 1.2 Purpose—This 

Ordinance regulates the consumption, 

delivery and sale of alcoholic beverages 

within the exterior boundaries of the 

Rocky Boy’s Reservation and other 

lands subject to Tribal jurisdiction for 

the purpose of protecting the health, 

safety and welfare of the Chippewa Cree 

Tribe and its members as well as the 

general public. 

Section 1.3 Authority—This 

Alcoholic Beverage Control Ordinance 

is enacted pursuant to Article VI, 

Section 1(p) of the Constitution and 

Bylaws of the Chippewa Cree Tribe. 

Federal law currently prohibits the 

introduction of alcoholic beverage into 

Indian Country (18 U.S.C. 1154), and 

expressly delegates to tribes the 

decision regarding when and to what 

extent alcoholic beverage transactions 

shall be permitted (18 U.S.C. 1161). 

Unless otherwise provided in this 

Ordinance, standards for the sale and 

transaction of alcoholic beverages shall 

be in conformity with the laws of the 

State of Montana, as required by, and in 

accordance with 18 U.S.C. 1161. 

Section 1.4 Declaration of Public 

Policy 

(a) The introduction, possession, and 

sale of alcoholic beverage on the Rocky 

Boy’s Reservation are a matter of special 

concern to the Chippewa Cree Tribe. 

(b) Compliance with this ordinance 

shall be in addition to, and not a 

substitute for, compliance with the laws 

of the State of Montana. 

(c) In 1970, the Chippewa Cree Tribe 

passed Ordinance I–70, authorizing the 

introduction, sale or possession of 

alcoholic beverages on the Rocky Boy’s 

Reservation. This Ordinance replaces 

Ordinance I–70 recognizing that a need 

still exists for strict regulation and 

control over alcoholic beverages 

transactions within the Rocky Boy’s 

Reservation because of the many 

potential problems associated with the 

unregulated or inadequately regulated 

sale, possession, distribution, and 

consumption of alcoholic beverages. 

The Chippewa Cree Tribal Business 

Committee finds that Tribal control and 

regulation of alcoholic beverages 

necessary to achieve maximum 

economic benefit to the Tribe, to protect 

the health and welfare of Tribal 

members, and to address specific 

concerns relating to alcohol use on the 

Rocky Boy’s Reservation. 

(d) It is in the best interests of the 

Chippewa Cree Tribe to enact a Tribal 

ordinance governing alcoholic beverage 

sales on the Rocky Boy’s Reservation, 

which provides for purchase, 

distribution, and sale of alcoholic 

beverages only on specific Tribal lands 

within the exterior boundaries of the 

Rocky Boy’s Reservation, as designated 


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15902 Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Notices 

by this Ordinance. Further, the Tribe 

has determined that said purchase, 

distribution, sale, and consumption 

shall take place only at a Triballyowned gaming facility complex or at 

such other location duly licensed by the 

Chippewa Cree Tribe. 

Section 1.5 Limited Application—

The consumption, delivery and sale of 

alcoholic beverages shall be limited 

solely to Tribally designated entities 

located within the exterior boundaries 

of the Rocky Boy’s Reservation as 

designated by the Chippewa Cree Tribal 

Business Committee. 

Section 1.6 Definitions 

(a) ‘‘Alcohol’’ means ethyl alcohol, 

also called ethanol, or the hydrated 

oxide of ethyl. 

(b) ‘‘Alcoholic beverage’’ means a 

compound produced and sold for 

human consumption as a drink that 

contains more than one-half of one 

percent (0.5%) of alcohol by volume. 

(c) ‘‘Beer’’ means any beverage 

obtained by alcoholic fermentation of an 

infusion or decoction of barley, malt, 

hops or any similar products or any 

combination thereof. 

(d) ‘‘Liquor’’ means an alcoholic 

beverage except beer and wine. 

(e) ‘‘Rocky Boy’s Reservation’’ means 

all lands held in trust by the United 

States for the Tribe or its members and 

all lands owned by the Tribe, wherever 

located. 

(f) ‘‘Sell’’ or ‘‘sold’’ means any transfer 

of alcoholic beverages with 

consideration, any transfer without 

consideration if knowingly made for the 

purposes of evading the law relating to 

the sale of alcoholic beverages, the 

soliciting or receiving an order to sell or 

keep for future delivery alcoholic 

beverages, the peddling of alcoholic 

beverages, or the keeping with intent to 

sell any alcoholic beverages. 

(g) ‘‘Sale’’ includes every act of selling 

as defined in subsection (f) of this 

section. 

(h) ‘‘State’’ means the State of 

Montana. 

(i) ‘‘Tribally Designated Entity’’ means 

the Chippewa Cree Tribally-owned 

gaming facility complex operated on 

Tribally owned land, also known as 

North Winds Casino, or other such 

Tribal entity designated by the 

Chippewa Cree Tribal Business 

Committee by resolution as the proper 

entity to sale alcoholic beverages. 

(j) ‘‘Wine’’ means a beverage made 

from or containing the alcoholic 

fermentation of the juice of sound, ripe 

fruit or other agricultural products 

without addition or abstraction, except 

as may occur in the usual cellar 

treatment of clarifying and aging, and 

that contains not more than twenty-four 

percent (24%) of alcohol by volume. 

Other alcoholic beverages not defined in 

this subsection but made in the manner 

of wine and labeled and sold as wine in 

accordance with federal regulations are 

also wine. 

Chapter 2 Sale of Alcoholic Beverages 

Section 2.1 Tribal Alcoholic 

Beverage License Required—No sales of 

alcoholic beverages shall be made 

within the exterior boundaries of the 

Rocky Boy’s Reservation, except at a 

Tribally licensed, Tribally designated 

entity. Nothing in this section shall 

prohibit a Tribal licensee or the Tribe 

from purchasing alcoholic beverages 

from an off-Reservation source for resale 

on the Reservation nor prohibit the 

delivery of alcoholic beverages 

purchased from off-Reservation sources 

to the Reservation for a Tribal licensee 

of alcoholic beverages to resale on the 

Reservation. 

Section 2.2 Limited to Tribally 

Designated Entities—The consumption, 

delivery and/or sale of alcohol or 

alcoholic beverages is confined to 

location(s) of the Tribally designated 

entities. 

Section 2.3 Sales for Personal Use; 

Resale Prohibited—All sales allowed 

under this Ordinance shall be for 

personal use of the individual 

purchaser. Resale of any alcoholic 

beverage is prohibited and violators 

shall be prosecuted and subject to 

penalties under this Ordinance. 

Section 2.4 Sales Limited to 

Adults—All handling, stocking, 

possession, and sale of alcoholic 

beverage shall be made by persons 

twenty-one (21) years of age or older. 

Proof of age must be shown by a current 

and valid state driver’s license or other 

federal, state, or tribal government 

issued identification that contains birth 

date and photo of the holder of the 

license or identification. 

Section 2.5 Right to Refuse Sale—

Any person or entity authorized to sell 

alcoholic beverages under this 

Ordinance shall have the authority to 

refuse to sell alcoholic beverage to any 

person unable to produce proof of age 

and identity. 

Section 2.6 Liability Insurance—Any 

entity authorized to dispense, sell, serve 

or deliver alcohol under this Ordinance 

shall obtain general liability insurance 

in the amount not less than $1,000,000 

per occurrence. 

Chapter 3 Jurisdiction, Licensing and 

Fees 

Section 3.1 Jurisdiction—The 

Chippewa Cree Tribal Court is vested 

with original jurisdiction to hear and 

decide all matters arising pursuant to 

this Ordinance. 

Section 3.2 License Applications 

(a) Alcoholic beverage license 

applications shall be filed with the 

Secretary/Treasurer of the Chippewa 

Cree Tribe containing the following 

information: 

(1) The name of the Tribally 

designated entity where the sale and 

consumption of alcoholic beverages 

would take place. Such entity shall be 

the applicant. No individual or private 

entity may apply for or receive a license 

under this Ordinance. 

(2) A copy of the Tribal resolution 

under which the applicant was created 

or approved by the Chippewa Cree 

Tribe. 

(3) Physical address or description of 

the land where sale and consumption of 

alcoholic beverages would take place. 

(b) Upon receipt of proper 

application, the Tribal Business 

Committee shall issue an alcoholic 

beverage license under this Ordinance if 

the Tribal Business Committee finds, in 

its sound discretion, on the basis of facts 

disclosed by the application that such 

issuance is in the interest of the Tribe. 

Section 3.3 Scope of License—A 

license issued under this Ordinance 

shall permit the licensee to dispense, 

sell, serve or deliver alcohol only at the 

Tribally designated entity approved by 

the Tribal Business Committee and 

subject to any conditions on the license. 

Each license shall specify the 

following: 

(a) Particular alcoholic beverages that 

the licensee is authorized to dispense, 

sell, serve or deliver; 

(b) Licensee’s mailing and physical 

address and business or trade name; and 

(c) Purpose for which the alcoholic 

beverages shall be dispensed, sold, 

served or delivered. 

(d) Each license shall explicitly state 

that its continued validity is dependent 

upon the compliant of its holder with 

all the provisions of this Ordinance and 

other applicable law. 

Section 3.4 Expiration/Renewal of 

License—Every license expires 

annually, measured from the date of 

issuance and a licensee must renew the 

license annually. 

(a) A licensee who fails to renew the 

license on or before the due date shall 

pay a penalty of one hundred dollars 

($100) with their application for 

renewal along with the renewal fee; 

(b) A license renewal application that 

is properly addressed, postage provided, 

and deposited in an official depository 

of the United States on or before the due 

date shall be deemed filed and received 

by the Tribe on the date shown by the 


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Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Notices 15903 

postmark or other official mark of the 

United States postal service; 

(c) A licensee who fails to renew the 

license on or before the due date shall 

not dispense, sell, serve or deliver or 

otherwise deal in alcoholic beverage 

until the license is renewed; and 

(d) A license not renewed within 

twenty (20) working days after the due 

date shall be deemed terminated. 

Section 3.5 Fees—All applications 

for alcoholic beverage licenses shall 

include full payment of the fees paid to 

the Tribe’s Treasurer’s office and 

deposited in the Chippewa Cree Tribe’s 

general fund. 

(a) Application fees for a Tribal 

Alcoholic Beverage License—one 

thousand dollars ($1000.00); 

(b) Annual renewal fee—one hundred 

dollars ($100.00); or 

(c) As set by Tribal resolution of the 

Tribal Business Committee. 

Chapter 4 Prohibited Activity 

Section 4.1 It shall be unlawful for 

any person or entity to dispense, sell, 

serve, deliver, or otherwise deal in 

alcoholic beverages on the Rocky Boy’s 

Reservation except as provided for in 

this Ordinance. 

Section 4.2 Except for a licensed 

Tribally designated entity, it shall be 

unlawful for any business establishment 

or person on the Rocky Boy’s 

Reservation to possess with the intent to 

sell, distribute, barter, or trade to 

another any alcoholic beverage; 

provided, however, that a person or 

entity may transport alcoholic beverages 

from off the reservation to the licensed 

Tribally designated entity, consistent 

with the terms of the license. 

Section 4.3 It shall be unlawful for 

any person to publicly consume any 

alcoholic beverage at any community 

function, or at or near any place of 

business, celebration grounds, 

recreational areas, ballparks, public 

camping areas, Tribal offices, Tribal 

headquarters, schools, and any other 

area where minors gather for meetings 

or recreation, except within a Tribal 

licensed establishment where alcohol is 

sold. 

Section 4.4 It shall be unlawful for 

any person under the age of twenty-one 

(21) years old to buy, to attempt to buy, 

to misrepresent their age in attempting 

to buy, to transport, to possess, to 

consume, or to be under the influence 

any alcoholic beverage. It shall be 

unlawful for any person under the age 

of twenty-one (21) years old to be at an 

establishment where alcoholic 

beverages are dispensed, sold, served or 

delivered, except as provided under 

Section 4.7 of this Ordinance. 

Section 4.5 It shall be unlawful for 

any person to sell or furnish alcoholic 

beverage to any person under the age of 

twenty-one (21) years old. 

Section 4.6 Alcoholic beverages may 

not be given as a prize, premium or 

consideration for a lottery, contest, game 

of chance or skill, or competition of any 

kind. 

Section 4.7 The licensee under this 

Ordinance may employ persons 

eighteen (18), nineteen (19) and twenty 

(20) years of age who may take orders 

for, serve and sell alcoholic beverages in 

any part of the licensed premises when 

that activity is incidental to the serving 

of food except in those areas classified 

as prohibited to the use of minors. 

(a) However, no person who is 18, 19 

or 20 years of age shall be permitted to 

mix, pour or draw alcoholic beverages 

except when pouring is done as a 

service to the patron at the patron’s 

table or drawing is done in a portion of 

the premises not prohibited to minors; 

and 

(b) Except as stated in this section, it 

shall be unlawful to hire any person to 

work in connection with the sale and 

service of alcoholic beverages in a 

Tribally licensed alcoholic beverage 

establishment if such person is under 

the age of twenty-one (21) years. 

Chapter 5 Violations 

Section 5.1 Jurisdiction—Any 

person or entity who violates the 

provisions of this Ordinance may be 

subject to a civil penalty in Tribal Court 

for a civil infraction. 

Section 5.2 Penalty—Upon a 

determination by the Chippewa Cree 

Tribal Court that a licensee has violated 

any provision of this Ordinance, any or 

all of the following sanctions may be 

imposed: 

a. Suspension of alcoholic beverage 

license; 

b. Revocation of alcoholic beverage 

license; or 

c. Civil fine in amount established by 

the Court which shall not exceed the 

sum of $1,000 for each infraction, 

provided, however, that the full fine 

shall not exceed $5,000 if it involves 

minors. 

Chapter 6 Taxes 

[Reserved] 

Chapter 7 Severability and 

Miscellaneous 

Section 7.1 Severability—If the 

Chippewa Cree Tribal Court finds any 

provision of this Ordinance to be 

invalid or illegal under applicable 

Federal or Tribal law, such provision 

shall be severed from this Ordinance 

and the remainder of this Ordinance 

shall remain in full force and effect. 

Section 7.2 Conformance with 

Tribal, State and Federal Law—This 

Ordinance shall conform with all Tribal 

laws. All provisions and transactions 

under this Ordinance shall be in 

conformity with any applicable State 

laws regarding alcohol to the extent 

required by 18 U.S.C. 1161 and with all 

Federal laws regarding alcohol in Indian 

Country. 

Section 7.3 Enforcement—All 

actions brought by the Chippewa Cree 

Tribe to enforce the provisions of this 

Ordinance shall be filed in the 

Chippewa Cree Tribal Court. 

Section 7.4 Effective Date—This 

Ordinance becomes effective as a matter 

of Tribal law upon approval by the 

Chippewa Cree Tribal Business 

Committee and effective as a matter of 

Federal law on such date as the 

Assistant Secretary of Indian Affairs or 

his/her designee certifies the Ordinance 

and publishes it in the Federal Register. 

Chapter 8 Amendment 

This Ordinance may be amended or 

repealed by a majority vote of the 

Chippewa Cree Tribal Business 

Committee. 

Chapter 9 Sovereign Immunity 

Nothing 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. 

[FR Doc. E7–6106 Filed 4–2–07; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Advisory Board for Exceptional 

Children 

AGENCY: Bureau of Indian Education, 

Interior. 

ACTION: Notice of meeting. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, the 

Bureau of Indian Education is 

announcing that the Advisory Board for 

Exceptional Children will hold its next 

meeting in Miami, FL. The purpose of 

the meeting is to meet the mandates of 

the Individuals with Disabilities 

Education Improvement Act of 2004 

(IDEIA) on Indian children with 

disabilities. 

DATES: The Board will meet on Sunday, 

April 29, 2007, from 9 a.m. to 9 p.m.; 

Monday, April 30, 2007, from 8 a.m. to 


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