Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 10551 

committed no violation of the Tax 

Ordinance and of the Tribal Tax laws. 

(4) Any Operator who violates the 

provisions set forth herein shall forfeit 

all of the remaining stock on the 

licensed premises(s). The Commission 

shall be empowered to seize products. 

(5) Any stock, goods or other items 

subject to this Ordinance that have not 

been registered, licensed, or taxes paid 

shall be contraband and subject to 

immediate confiscation by the 

Commission or its employees or agents, 

provided, within 15 days of the seizure 

the Commission shall cause to be filed 

a forfeiture action against such property. 

The action shall allege the reason for the 

seizure or confiscation. Upon sufficient 

proof, the Court shall order the property 

forfeited and title vested in the KTTT. 

(6) Physical seizure of items shall be 

in accordance with the provisions 

contained in the KTTT law enforcement 

policies. 

Section 116. Possession for Personal 

Use 

Possession of beer or alcoholic 

beverages for the personal use by 

persons over the age of 21 years shall, 

unless otherwise prohibited by Federal 

or Tribal law or regulation, be lawful 

within the Tribal Lands. 

Section 117. Transportation Through 

Reservation not Affected 

Nothing herein shall pertain to the 

otherwise lawful transportation of beer 

or alcoholic beverages through the 

Tribal Lands by persons remaining upon 

public highways where such beverages 

are not delivered, or sold or offered for 

sale to anyone with the Tribal Lands. 

Section 118. Severability 

If any provision of these laws is held 

invalid, the remainder of the laws and 

their application to other persons or 

circumstances is not affected. 

All prior statutes, ordinances, and 

resolutions enacted by the KTTT 

regulating, authorizing, prohibiting or in 

any way relating to the sale of beer or 

alcoholic beverages within the Tribal 

Lands are hereby repealed and have no 

further force or effect. 

Section 120. Sovereign Immunity 

Preserved 

Nothing in this Ordinance shall be 

construed as a waiver or limitation of 

the sovereign Immunity of the KTTT or 

its agencies nor their officers or 

employees. 

Section 121. Amendment 

Pursuant to Article VII—Powers of the 

Traditional Council of the Tribes 

Constitution, the Traditional Council 

shall have the authority to amend the 

provisions of the foregoing Beer and 

Liquor Tax Ordinance. 

Section 122–130. Reserved for 

Amendment 

This Ordinance shall be effective 

upon certification by the United States 

Secretary of the Interior and its 

publication in the Federal Register. 

READ, PASSED APPROVED AND 

ENACTED at a duly called Tribal 

Council meeting on the 30th day of 

March 2011. 

Kickapoo Traditional Tribe of Texas 

TRIBAL COUNCIL 

/S/ Juan Garza, Jr., Council Chairman. 

/S/ Jesus Anico, Council Secretary. 

/S/ Rogelio Elizondo, Council Treasurer. 

/S/ David J. Gonzalez, Council Member. 

/S/ Nanate Hernandez, Council Member. 

[FR Doc. 2012–4052 Filed 2–21–12; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Confederated Tribes of the Umatilla 

Indian Reservation—Amendment to 

Liquor Code 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

amendments to the Confederated Tribes 

of the Umatilla Liquor Code. The Code 

regulates and controls the possession, 

sale and consumption of liquor within 

the Confederated Tribes of the Umatilla 

Reservation. The land is located on trust 

land and this Code allows for the 

possession and sale of alcoholic 

beverages within the Confederated 

Tribes of the Umatilla’s Reservation. 

This Code will increase the ability of the 

tribal government to control the 

distribution and possession of liquor 

within their reservation, and at the same 

time 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 30 days after February 22, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Betty Scissons, Tribal Government 

Specialist, Northwest Regional Office, 

Bureau of Indian Affairs, 911 NE 11th 

Avenue, Portland, OR 97232, Phone: 

(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 Board of Trustees of the 

Confederated Tribes of the Umatilla 

Indian Reservation duly adopted 

Resolution No. 10–056 to amend the 

Confederated Tribes of the Umatilla 

Indian Reservation Liquor Code on July 

12, 2010. 

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 Board of Trustees of the 

Confederated Tribes of the Umatilla 

Indian Reservation duly adopted 

Resolution No. 10–056 to amend the 

Confederated Tribes of the Umatilla 

Indian Reservation Liquor Code on 

July 12, 2010. 

Dated: February 9, 2012. 

Larry Echo Hawk, 

Assistant Secretary—Indian Affairs. 

The amendment to the Confederated 

Tribes of the Umatilla Indian 

Reservation Liquor Code reads as 

follows: 

CHARTER 1. LIQUOR CODE 

SECTION 1.01. TITLE 

This Code shall be the Liquor Code of 

the Confederated Tribes of the Umatilla 

Indian Reservation (Confederated 

Tribes) and shall be referenced as the 

Liquor Code. 

SECTION 1.02. FINDINGS AND 

PURPOSE 

A. The introduction, possession, and 

sale of liquor on Indian reservations 

has historically been recognized as 

a matter of special concern to 

Indian tribes and to the United 

States. The control of liquor on the 

Umatilla Indian Reservation 

remains exclusively subject to the 

legislative enactments of the 

Confederated Tribes in its exercise 

of its governmental powers over the 

Reservation, and the United States. 

B. Federal law prohibits the 

introduction of liquor into Indian 

Country (18 U.S.C. § 1154), and 

authorized tribes to decide when 

and to what extent liquor 

transactions, sales, possession and 

service shall be permitted on their 

reservation (18 U.S.C. § 1161). 

C. The Board of Trustees, as the 

governing body of the Confederated 


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10552 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 

Tribes pursuant to Article VI, § 1 of 

the Constitution and Bylaws of the 

Confederated Tribes, have adopted 

Resolutions to permit the sale and 

service of liquor at the Wildhorse 

Resort & Casino and at Coyote 

Business Park as provided in this 

Code, but at no other locations. 

D. Pursuant to the authority in Article 

VI, § 1(a) of the Confederated 

Tribes’ Constitution, the Board of 

Trustees has the authority ‘‘to 

represent the [Confederated] Tribes 

and to negotiate with the Federal, 

State and local 

governments...on...projects and 

legislation that affect the 

[Confederated] Tribes’’. 

E. Pursuant to the authority in Article 

VI, § 1(d) of the Confederated 

Tribes’ Constitution, the Board of 

Trustees has the authority ‘‘to 

promulgate and enforce ordinances 

governing the conduct of all 

persons and activities within the 

boundaries of the Umatilla Indian 

Reservation, providing for the 

procedure of the Board of Trustees, 

and carrying out any powers herein 

conferred upon the Board of 

Trustees’’. 

F. The enactment of this Liquor Code to 

govern liquor sales and service on 

the Umatilla Indian Reservation, 

and the limitation of such liquor 

sales and service at the Wildhorse 

Resort & Casino and Coyote 

Business Park, will increase the 

ability of the Confederated Tribes to 

control Reservation liquor 

distribution and possession, and at 

the same time will provide an 

important source of revenue for the 

continued operation of Tribal 

government and the delivery of 

governmental services, as well as 

provide an amenity to customers at 

the Wildhorse Resort & Casino. 

G. The Confederated Tribes have 

entered into a Memorandum of 

Understanding (MOU) with the 

Oregon Liquor Control Commission 

to deal with governmental issues 

associated with the licensing and 

regulation of liquor sales on the 

Umatilla Indian Reservation. 

SECTION 1.03. DEFINITIONS 

A. Unless otherwise required by the 

context, the following words and 

phrases shall have the designated 

meanings. 

1. ‘‘Alcohol’’. That substance known 

as ethyl alcohol, hydrated oxide or 

ethyl, spirits or wine as defined 

herein, which is commonly 

produced by the fermentation or 

distillation of grain, starch, 

molasses, or sugar, or other 

substances including all dilutions 

and mixtures of those substances. 

2. ‘‘Coyote Business Park’’. Shall 

include Coyote Business Park 

North, South and East, but shall not 

include the Arrowhead Travel 

Plaza. 

3. ‘‘Wildhorse Chief Executive 

Officer’’. That person appointed by 

the Confederated Tribes to manage 

the Wildhorse Resort & Casino. 

4. ‘‘Liquor’’ or ‘‘Liquor Products’’. 

Includes the four varieties of liquor 

herein defined (alcohol, spirits, 

wine, and beer) and all fermented, 

spirituous, vinous, or malt liquor, 

or a combination thereof, and 

mixed liquor, a part of which is 

fermented, spirituous, vinous, or 

malt liquor or otherwise 

intoxicating in every liquid or solid 

or semi-solid or other substance 

patented or not containing alcohol, 

spirits, wine, or beer, and all drinks 

of potable liquids and all 

preparations or mixtures capable of 

human consumption, and any 

liquid, semi-solid, solid, or other 

substance, which contains more 

than one percent (1%) of alcohol by 

weight shall be conclusively 

deemed to be intoxicating. 

5. ‘‘Wildhorse Resort & Casino’’. Shall 

be the casino, hotels, golf course, 

and RV park located on the 640 acre 

Wildhorse site located on the 

Umatilla Indian Reservation which 

is more specifically described in 

Exhibit 1 to the Tribal-State 

Compact between the Confederated 

Tribes and the State of Oregon. 

6. ‘‘Sale’’ and ‘‘Sell’’. Includes 

exchange, barter, and traffic; and 

also the supplying or distribution 

by any means whatsoever, of liquor 

or any liquid known or described as 

beer or by any name whatever 

commonly used to describe malt or 

brewed liquor or wine, by any 

person to any other person; and also 

includes the supply and 

distribution to any other person. 

7. ‘‘Spirits’’. Any beverage which 

contains alcohol obtained by 

distillation, including wines 

exceeding seventeen percent (17%) 

of alcohol by weight. 

8. ‘‘Wine’’. Any alcoholic beverage 

obtained by fermentation of fruits, 

grapes, berries, or any other 

agricultural product containing 

sugar, to which any saccharin 

substances may have been added 

before, during or after fermentation, 

and containing not more than 

seventeen percent (17%) of alcohol 

by weight, including sweet wines 

fortified with wine spirits, such as 

port, sherry, muscatel, and 

anglican, not exceeding seventeen 

percent (17%) of alcohol by weight. 

SECTION 1.04. JURISDICTION 

To the extent permitted by applicable 

law, the Confederated Tribes asserts 

jurisdiction to determine whether liquor 

sales and service are permitted within 

the boundaries of the Umatilla Indian 

Reservation. As provided in section 1.06 

of this Code, liquor sales and service is 

only permitted at the Wildhorse Resort 

& Casino facilities and in the Coyote 

Business Park under this Code. Nothing 

in this Code is intended nor shall be 

construed to limit the jurisdiction of the 

Confederated Tribes to all lands within 

the boundaries of the Umatilla Indian 

Reservation. 

SECTION 1.05. RELATION TO OTHER 

LAWS 

All prior codes, ordinances, 

resolutions and motions of the 

Confederated Tribes regulating, 

authorizing, prohibiting, or in any way 

dealing with the sale or service of liquor 

are hereby repealed and are of no 

further force or effect to the extent they 

are inconsistent or conflict with the 

provisions of this Code. Specifically, 

amendments to the Criminal Code to 

make it consistent with this Liquor Code 

have been approved by Resolution 05– 

095 (October 3, 2005). No Tribal 

business licensing law or other Tribal 

law shall be applied in a manner 

inconsistent with the provisions of this 

Code. 

SECTION 1.06. AUTHORIZED SALE 

AND SERVICE OF LIQUOR 

A. Liquor may be offered for sale and 

may be served on the Umatilla 

Indian Reservation only at the 

following locations: 

1. Wildhorse Casino. In the Wildhorse 

Casino, liquor may be sold or 

served only in the following areas: 

lounge(s), restaurant(s), bingo/ 

multipurpose hall when used for 

entertainment, food service, or 

convention/meeting purposes, 

conference/meeting room facility, 

entertainment facilities constructed 

within or adjacent to the Casino 

building and on casino premises in 

connection with special events (i.e., 

concert, rodeo event, car shows, 

etc.). All such sales and service of 

liquor shall be consistent with the 

Tribal-State Compact. 

2. Wildhorse Golf Course. In the 

Wildhorse Golf Course, liquor may 

be sold or served only in the 

following areas: clubhouse and on 

the golf course. 

3. Wildhorse Hotels. In the Wildhorse 

Hotels, liquor may be sold or served 


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Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 10553 

only in the following areas: hotel 

meeting rooms and in hotel rooms 

by guest use of room service, etc.). 

4. Wildhorse RV Park. In the 

Wildhorse RV Park, liquor may be 

sold or served only in the following 

areas: in common areas at special 

events and in individual RVs. 

5. Coyote Business Park. In the Coyote 

Business Park, liquor may be sold 

or served by any Coyote Business 

Park lessee if liquor sales and 

service is permitted in the lease 

between the lessee and the 

Confederated Tribes. 

SECTION 1.07. PROHIBITIONS 

A. General Prohibitions. The 

commercial introduction of liquor 

for sales and service, other than as 

permitted by this Code, is 

prohibited within the Umatilla 

Indian Reservation, and is hereby 

declared an offense under Tribal 

law. Federal liquor laws applicable 

to Indian Country shall remain 

applicable to any person, act, or 

transaction which is not authorized 

by this Code and violators of this 

Code shall be subject to federal 

prosecution as well as to legal 

action in accordance with the law 

of the Confederated Tribes. 

B. Age Restrictions. No person shall be 

authorized to serve liquor unless 

they are at least 21 years of age. No 

person may be served liquor unless 

they are 21 years of age. 

C. Off Premises Consumption of Liquor. 

1. All liquor sales and service 

authorized by this Code at the 

Wildhorse Resort & Casino shall be 

fully consumed within the areas of 

the Wildhorse Resort & Casino as 

set forth in section 1.06 of this 

Code. At the Wildhorse Resort & 

Casino, no open containers of 

liquor, or unopened containers of 

liquor in bottles, cans, or otherwise 

may be permitted outside of the 

above-described premises. 

2. Liquor sales and service at Coyote 

Business Park shall be conducted in 

strict compliance with the lease 

between the Coyote Business Park 

lessee and the Confederated Tribes. 

D. No Credit Liquor Sales. The sales and 

service of liquor authorized by this 

Code shall be upon a cash basis 

only. For purposes of this Code, 

payment for liquor on a cash basis 

shall include payment by cash, 

credit card, or check. 

SECTION 1.08. CONFORMITY WITH 

STATE LAW 

A. Authorized liquor sales and service 

on the Umatilla Indian Reservation 

shall comply with Oregon State 

liquor law standards to the extent 

required by 18 U.S.C. § 1161. 

B. Wildhorse Resort & Casino. The 

Wildhorse Chief Executive Officer 

shall be responsible for ensuring 

that all OLCC license requirements 

are satisfied, that the license(s) is 

renewed on an annual basis, and 

that all reasonable and necessary 

actions are taken to sell and serve 

liquor to Wildhorse patrons in a 

manner consistent with this Code, 

applicable State law, and the TribalState Compact. The Wildhorse 

Chief Executive Officer shall also be 

authorized to purchase liquor from 

the State or other source for sale 

and service within the Wildhorse 

Resort & Casino. The Wildhorse 

Chief Executive Officer is further 

authorized to treat as a casino 

expense any license fees associated 

with the OLCC liquor license. 

C. Coyote Business Park. The Coyote 

Business Park lessee authorized to 

sell or serve liquor as provided in 

section 1.06(A)(5) of this Code, 

shall be responsible for insuring 

that all OLCC license requirements 

are satisfied, that the license(s) is 

renewed on an annual basis, and 

that all reasonable and necessary 

actions are taken to sell and serve 

liquor in a manner consistent with 

this Code and applicable Tribal and 

State law. 

SECTION 1.09. PENALTY 

Any person or entity possessing, 

selling, serving, bartering, or 

manufacturing liquor products in 

violation of any part of this Code shall 

be subject to a civil fine of not more 

than $500 for each violation involving 

possession, but up to $5,000 for each 

violation involving selling, bartering, or 

manufacturing liquor products in 

violation of this Code, and violators may 

be subject to exclusion from the 

Umatilla Indian Reservation. In 

addition, persons or entities subject to 

the criminal jurisdiction of the 

Confederated Tribes who violate this 

Code shall be subject to criminal 

punishment as provided in the Criminal 

Code. All contraband liquor shall be 

confiscated by the Umatilla Tribal 

Police Department (UTPD). The 

Umatilla Tribal Court shall have 

exclusive jurisdiction to enforce this 

Code and the civil fines, criminal 

punishment and exclusion authorized 

by this section. 

SECTION 1.10. SOVEREIGN 

IMMUNITY PRESERVED 

Nothing in this Code is intended or 

shall be construed as a waiver of the 

sovereign immunity of the Confederated 

Tribes. No manager or employee of the 

Confederated Tribes or the Wildhorse 

Resort & Casino shall be authorized, nor 

shall they attempt, to waive the 

sovereign immunity of the Confederated 

Tribes pursuant to this Code. 

SECTION 1.11. SEVERABILITY 

If any provision or provisions in this 

Code are held invalid by a court of 

competent jurisdiction, this Code shall 

continue in effect as if the invalid 

provision(s) were not a part hereof. 

SECTION 1.12. EFFECTIVE DATE 

This Code shall be effective following 

approval by the Board of Trustees and 

approval by the Secretary of the Interior 

or his/her designee and publication in 

the Federal Register as provided by 

federal law. 

[FR Doc. 2012–4131 Filed 2–21–12; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Match-E-Be-Nash-She-Wish Band of 

Pottawatomi Indians (Gun Lake)— 

Amendment to Liquor Beverage 

Control Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice 

SUMMARY: This notice publishes the 

amendments to the Match-E-Be-NashShe-Wish Band of Pottawatomi Indians’ 

Liquor Control Ordinance. The 

Ordinance regulates and controls the 

possession, sale and consumption of 

liquor within the Match-E-Be-Nash-SheWish Band of Pottawatomi tribal lands. 

The lands are located in Indian Country 

and this Ordinance allows for the 

possession and sale of alcoholic 

beverages within their boundaries. This 

Ordinance will increase the ability of 

the tribal government to control the 

distribution and possession of liquor 

within their reservation, and at the same 

time 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 30 days after February 22, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

David Christensen, Tribal Operations 

Officer, Midwest Regional Office, 

Bureau of Indian Affairs, Norman Pointe 

II, 5600 American Boulevard West, 

Suite 500, Bloomington, Minnesota 

55437, Phone: (612) 735–4554; Fax: 

(612) 713–4401: or De Springer, Office 


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