Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices 14281 

Effective 

interest 

rate 

On or after Prior to 

7 ................. July 1, 1993 .... Jan. 1, 1994. 

65⁄8 ............. Jan. 1, 1994 ... July 1, 1994. 

73⁄4 ............. July 1, 1994 .... Jan. 1, 1995. 

83⁄8 ............. Jan. 1, 1995 ... July 1, 1995. 

71⁄4 ............. July 1, 1995 .... Jan. 1, 1996. 

61⁄2 ............. Jan. 1, 1996 ... July 1, 1996. 

71⁄4 ............. July 1, 1996 .... Jan. 1, 1997. 

63⁄4 ............. Jan. 1, 1997 ... July 1, 1997. 

71⁄8 ............. July 1, 1997 .... Jan. 1, 1998. 

63⁄8 ............. Jan. 1, 1998 ... July 1, 1998. 

61⁄8 ............. July 1, 1998 .... Jan. 1, 1999. 

51⁄2 ............. Jan. 1, 1999 ... July 1, 1999. 

61⁄8 ............. July 1, 1999 .... Jan. 1, 2000. 

61⁄2 ............. Jan. 1, 2000 ... July 1, 2000. 

61⁄2 ............. July 1, 2000 .... Jan. 1, 2001. 

6 ................. Jan. 1, 2001 ... July 1, 2001. 

57⁄8 ............. July 1, 2001 .... Jan. 1, 2002. 

51⁄4 ............. Jan. 1, 2002 ... July 1, 2002. 

53⁄4 ............. July 1, 2002 .... Jan. 1, 2003. 

5 ................. Jan. 1, 2003 ... July 1, 2003. 

41⁄2 ............. July 1, 2003 .... Jan. 1, 2004. 

51⁄8 ............. Jan. 1, 2004 ... July 1, 2004. 

51⁄2 ............. July 1, 2004 .... Jan. 1, 2005. 

47⁄8 ............. Jan. 1, 2005 ... July 1, 2005. 

41⁄2 ............. July 1, 2005 .... Jan. 1, 2006. 

47⁄8 ............. Jan. 1, 2006 ... July 1, 2006. 

53⁄8 ............. July 1, 2006 .... Jan. 1, 2007. 

43⁄4 ............. Jan. 1, 2007 ... July 1, 2007. 

5 ................. July 1, 2007 .... Jan. 1, 2008. 

41⁄2 ............. Jan. 1, 2008 ... July 1, 2008. 

45⁄8 ............. July 1, 2008 .... Jan. 1, 2009. 

41⁄8 ............. Jan. 1, 2009 ... July 1, 2009. 

41⁄8 ............. July 1, 2009 .... Jan. 1, 2010. 

41⁄4 ............. Jan. 1, 2010 ... July 1, 2010. 

41⁄8 ............. July 1, 2010 .... Jan. 1, 2011. 

37⁄8 ............. Jan. 1, 2011 ... July 1, 2011. 

41⁄8 ............. July 1, 2011 .... Jan. 1, 2012. 

27⁄8 ............. Jan. 1, 2012 ... July 1, 2012. 

23⁄4 ............. July 1, 2012 .... Jan. 1, 2013. 

21⁄2 ............. Jan. 1, 2013 ... July 1, 2013. 

27⁄8 ............. July 1, 2013 .... Jan. 1, 2014. 

35⁄8 ............. Jan. 1, 2014 ... July 1, 2014. 

31⁄4 ............. July 1, 2014 .... Jan. 1, 2015. 

3 ................. Jan. 1, 2015 ... July 1, 2015. 

27⁄8 ............. July 1, 2015 .... Jan. 1, 2016. 

27⁄8 ............. Jan. 1, 2016 ... July 1, 2016. 

21⁄2 ............. July 1, 2016 .... Jan. 1, 2017. 

23⁄4 ............. Jan. 1, 2017 ... July 1, 2017. 

27⁄8 ............. July 1, 2017 .... Jan. 1, 2018. 

23⁄4 ............. Jan. 1, 2018 ... July 1, 2018. 

31⁄8 ............. July 1, 2018 .... Jan. 1, 2019. 

33⁄8 ............. Jan. 1, 2019 ... July 1, 2019. 

23⁄4 ............. July 1, 2019 .... Jan. 1, 2020. 

21⁄4 ............. Jan. 1, 2020 ... July 1, 2020. 

11⁄4 ............. July 1, 2020 .... Jan. 1, 2021. 

13⁄8 ............. Jan. 1, 2021 ... July 1, 2021. 

21⁄4 ............. July, 1 2021 .... Jan. 1, 2022. 

17⁄8 ............. Jan. 1, 2022 ... July 1, 2022. 

Section 215 of Division G, Title II of 

Public Law 108–199, enacted January 

23, 2004 (HUD’s 2004 Appropriations 

Act) amended section 224 of the Act, to 

change the debenture interest rate for 

purposes of calculating certain 

insurance claim payments made in cash. 

Therefore, for all claims paid in cash on 

mortgages insured under section 203 or 

234 of the National Housing Act and 

endorsed for insurance after January 23, 

2004, the debenture interest rate will be 

the monthly average yield, for the 

month in which the default on the 

mortgage occurred, on United States 

Treasury Securities adjusted to a 

constant maturity of 10 years, as found 

in Federal Reserve Statistical Release H– 

15. The Federal Housing Administration 

has codified this provision in HUD 

regulations at 24 CFR 203.405(b) and 24 

CFR 203.479(b). 

Similarly, section 520(a) of the 

National Housing Act (12 U.S.C. 1735d) 

provides for the payment of an 

insurance claim in cash on a mortgage 

or loan insured under any section of the 

National Housing Act before or after the 

enactment of the Housing and Urban 

Development Act of 1965. The amount 

of such payment shall be equivalent to 

the face amount of the debentures that 

would otherwise be issued, plus an 

amount equivalent to the interest which 

the debentures would have earned, 

computed to a date to be established 

pursuant to regulations issued by the 

Secretary. The implementing HUD 

regulations for multifamily insured 

mortgages at 24 CFR 207.259(e)(1) and 

(e)(6), when read together, provide that 

debenture interest on a multifamily 

insurance claim that is paid in cash is 

paid from the date of the loan default at 

the debenture rate in effect at the time 

of commitment or endorsement (or 

initial endorsement if there are two or 

more endorsements) of the loan, 

whichever is higher. 

Section 221(g)(4) of the Act provides 

that debentures issued pursuant to that 

paragraph (with respect to the 

assignment of an insured mortgage to 

the Secretary) will bear interest at the 

‘‘going Federal rate’’ in effect at the time 

the debentures are issued. The term 

‘‘going Federal rate’’ is defined to mean 

the interest rate that the Secretary of the 

Treasury determines, pursuant to a 

statutory formula based on the average 

yield on all outstanding marketable 

Treasury obligations of 8- to 12-year 

maturities, for the 6-month periods of 

January through June and July through 

December of each year. Section 221(g)(4) 

is implemented in the HUD regulations 

at 24 CFR 221.255 and 24 CFR 221.790. 

The Secretary of the Treasury has 

determined that the interest rate to be 

borne by debentures issued pursuant to 

section 221(g)(4) during the 6-month 

period beginning January 1, 2022, is 11⁄2

percent. The subject matter of this 

notice falls within the categorical 

exemption from HUD’s environmental 

clearance procedures set forth in 24 CFR 

50.19(c)(6). For that reason, no 

environmental finding has been 

prepared for this notice. 

(Authority: Sections 211, 221, 224, National 

Housing Act, 12 U.S.C. 1715b, 1715l, 1715o; 

Section 7(d), Department of HUD Act, 42 

U.S.C. 3535(d).) 

Lopa P. Kolluri, 

Principal Deputy Assistant Secretary, Office 

of Housing-Federal Housing Administration. 

[FR Doc. 2022–05307 Filed 3–11–22; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[223A2100DD/AAKC001030/ 

A0A501010.999900] 

Metlakatla Indian Community, Annette 

Islands Reserve; Alcohol Control 

Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Alcohol Control Ordinance of the 

Metlakatla Indian Community, Annette 

Islands Reserve. The Alcohol Control 

Ordinance is to regulate and control the 

possession, sale, manufacture, and 

distribution of alcohol in conformity 

with the laws of the State of Alaska for 

the purpose of generating new Tribal 

revenues. Enactment of this statute will 

help provide a source of revenue to 

strengthen Tribal government, provide 

for the economic viability of Tribal 

enterprises, and improve delivery of 

Tribal government services. 

DATES: This code shall become effective 

March 14, 2022. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Greg Norton, Tribal Government 

Specialist, Northwest Regional Office, 

Bureau of Indian Affairs, 911 Northeast 

11th Avenue, Portland, Oregon 97232, 

Telephone: (503) 231–6702, Fax: (503) 

231–2201. 

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 Metlakatla Indian Community 

Council duly adopted the Metlakatla 

Indian Community, Annette Islands 

Reserve Alcohol Control Ordinance via 

Resolution 21–57 on November 23, 

2021. 

This notice is published in 

accordance with the authority delegated 

by the Secretary of the Interior to the 


jspears on DSK121TN23PROD with NOTICES1
14282 Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices 

Assistant Secretary—Indian Affairs. I 

certify that the Metlakatla Indian 

Community Council duly adopted by 

Resolution the Metlakatla Indian 

Community, Annette Islands Reserve 

Alcohol Control Ordinance by 

Resolution No. 21–57 dated November 

23, 2021. 

Bryan Newland, 

Assistant Secretary—Indian Affairs. 

TITLE FOUR CIVIL CODE 

CHAPTER 12 

ALCOHOL CONTROL ORDINANCE 

SECTION FOUR.12.1 TITLE. 

This Ordinance shall be known as the 

Metlakatla Indian Community Alcohol 

Control Ordinance. This Ordinance may 

be referred to as the ‘‘Alcohol Control 

Ordinance.’’ 

SECTION FOUR.12.2 PURPOSE AND 

AUTHORITY. 

A. The purpose of this Ordinance is 

to regulate and control the possession 

and sale of alcohol within the 

Community’s territory, as specifically 

authorized and approved by Tribal 

Council resolution under Article IV, 

Section 1 of the Metlakatla Indian 

Community’s Constitution. The 

authority for enactment of this 

Ordinance is as follows: 

1. The Act of August 15, 1953, (Publ. 

L. 83–277, 67 Stat. 586, codified at 18 

U.S.C. 1161), which provides a federal 

statutory basis for the Community to 

regulate the activities of the 

manufacture, distribution, sale and 

consumption of alcohol on Indian lands 

under the jurisdiction of the 

Community, so long as such ordinance 

is in conformance with the laws of the 

State of Alaska; and 

2. Article IV, Section 1 of the 

Constitution of the Metlakatla Indian 

Community, which vests the Tribal 

Council with legislative and 

administrative authority, and otherwise 

empowers the Tribal Council to act for 

the Community. 

SECTION FOUR.12.3 DEFINITIONS. 

A. As used in this Ordinance, the 

following words or phrases shall have 

the following meaning unless the 

context clearly requires otherwise: 

1. ‘‘Alcohol’’ means that substance 

known as ethyl alcohol, hydrated oxide 

of ethyl, or spirit of wine which is 

commonly produced by the 

fermentation or distillation of grain, 

starch, molasses, or sugar, or other 

substances including all dilutions of 

this substance. 

2. ‘‘Alcoholic Beverage’’ means a 

spirituous, vinous, malt, or other 

fermented or distilled liquid, whatever 

the origin, that is intended for human 

consumption as a beverage by the 

person who possesses or attempts to 

possess it and that contains alcohol in 

any amount if the liquid is produced 

privately, or that contains one-half of 

one percent or more of alcohol by 

volume, if the liquid is produced 

commercially. 

3. ‘‘Bar’’ means any establishment 

with special space and accommodations 

for sale by the glass and for 

consumption on the premises of 

alcohol, as herein defined. 

4. ‘‘Bottling’’ means to put into a 

bottle, can, or other container. 

5. ‘‘Alcohol Control Committee’’ for 

the purposes of this Ordinance shall 

mean the Tribal Council of Metlakatla. 

6. ‘‘Community’’ means Metlakatla 

Indian Community. 

7. ‘‘Liquor’’ is synonymous with the 

term ‘‘Alcoholic Beverage.’’ 

8. ‘‘Liquor Store’’ means any store at 

which liquor is sold, and for the 

purposes of this Ordinance, includes a 

store at which only a portion of which 

is devoted to the sale of liquor, wine or 

beer. 

9. ‘‘Minor’’ means any person under 

the age of 21. 

10. ‘‘Package’’ means any container or 

receptacle used for holding alcoholic 

beverages. 

11. ‘‘Public Place’’ includes state or 

county or tribal or federal highways or 

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 

rooms of hotels, restaurants, theater, 

gaming facilities, entertainment centers, 

store garages, and filling 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 right of access, and which are 

generally used by the public. For the 

purposes of this Ordinance, ‘‘Public 

Place’’ shall also include any 

establishment other than a single family 

home which is designed for or may be 

used by more than just the owner of the 

establishment. 

12. ‘‘Reserve’’ means the Annette 

Islands Reserve, which is held in trust 

by the United States Government for the 

benefit of the Community; any land 

located within the exterior boundaries 

of said reserve; and any lands held in 

trust by the United States for the benefit 

of the Community or held in trust for 

the benefit of an individual member of 

the Community. 

13. ‘‘Sale’’ and ‘‘Sell’’ include 

exchange, barter, and traffic; and also 

include the selling or supplying or 

distributing by any means whatsoever, 

of alcohol, 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. 

14.’’Tribal Council’’ means the 

Metlakatla Indian Community Tribal 

Council. 

B. So long as the definitions are 

consistent with tribal or federal law, the 

terms used in this ordinance shall have 

the same meaning as defined in Title 4, 

Alaska Statutes, Chapter 21, and as 

defined in Title 3, Alaska 

Administrative Code, Chapter 304. 

C. References in this Ordinance to 

federal and Alaska state law shall be 

those laws and regulations in effect as 

of March 7, 2017. Subsequent changes 

in those laws and regulations shall be 

considered incorporated into this 

Ordinance and effective unless the 

Community or the Tribal Council 

amends this Ordinance. 

SECTION FOUR.12.4 CONFORMITY 

TO STATE LAW. 

A. Jurisdiction. The Community will 

retain sole and exclusive jurisdiction 

over the enforcement of this ordinance. 

All disputes under this ordinance shall 

be heard by the tribal court. 

B. Statement of Objection. The 

Community does not agree with the 

alleged authority of the United States or 

the State of Alaska to interfere with the 

Community’s sovereign authority to 

regulate and control of alcohol sales and 

possession within the Community’s 

sovereign boundaries. Accordingly, 

nothing in this Ordinance shall be 

interpreted as waiving the Community’s 

right and power to challenge such 

authority in any judicial forum of 

competent jurisdiction, or by use of the 

political process. This Ordinance shall 

conform with the laws of the State of 

Alaska as required by 18 U.S.C. 1161, 

and Rice v. Rehner, 463 U.S. 713 (1983). 

C. Conformity to State Law. The 

Metlakatla Indian Community agrees to 

perform in the sale and possession of 

alcohol in the same manner as any other 

Alaska business entity for the purpose 

of alcohol licensing and regulations, 

including but not limited to licensing, 

compliance with the regulations of the 

Alaska State Alcoholic Beverage Control 

Board, and other applicable subjects as 

the State may address by statute or 

regulation from time to time. Upon final 

approval of this Ordinance the Alcohol 

Control Committee shall receive a 

briefing on Alaska State Alcoholic 

Beverage laws and regulations, and shall 


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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices 14283 

receive an update brief no fewer than 

once per year. 

SECTION FOUR.12.5 CREATION AND 

POWERS. 

A. The Tribal Council of Metlakatla is 

hereby designated as the ‘‘Alcohol 

Control Committee’’ in order to 

administer and enforce the provisions of 

this ordinance. 

B. The Alcohol Control Committee, in 

furtherance of the Ordinance, shall have 

the following powers and duties, or may 

delegate such duties by resolution: 

1. To publish and enforce the rules 

and regulations governing the sale, 

manufacture, and distribution of 

alcoholic beverages on the Reserve; 

2. To employ managers, accountants, 

security personnel, inspectors, and such 

other persons as shall be reasonably 

necessary to allow the Alcohol Control 

Committee to perform its functions. 

Such employees shall be tribal 

employees; 

3. To issue licenses permitting the 

sale, manufacture or distribution of 

alcohol on the Community’s Reserve; 

4. To hold hearings on violations of 

this Ordinance or for the issuance or 

revocation of licenses hereunder; 

5. To bring suit in the tribal court to 

enforce this Ordinance as necessary; 

6. To determine and seek damages for 

violation of this Ordinance; 

7. To make such reports as may be 

required; 

8. To collect taxes and fees levied or 

set by the Alcohol Control Committee, 

and to keep accurate records, books and 

accounts; and 

9. To exercise such other powers as 

are necessary and appropriate to fulfill 

the purposes of this Ordinance. 

C. The Alcohol Control Committee 

shall have the authority to authorize the 

sale of alcohol only on those areas of the 

Community’s Reserve that have been 

specifically approved by the Tribal 

Council, by resolution, and under such 

conditions as may be included in said 

resolution. 

SECTION FOUR.12.6 LIMITATION 

ON POWERS. 

In the exercise of its powers and 

duties under this Ordinance, the 

Alcohol Control Committee and its 

individual members shall not accept 

any gratuity, compensation or other 

thing of value from any alcohol 

wholesaler, retailer, or distributor or 

from any licensee. 

SECTION FOUR.12.7 INSPECTION 

RIGHTS. 

The premises on which alcohol is 

sold or distributed shall be open for 

inspection by the Alcohol Control 

Committee at all reasonable times for 

the purposes of ascertaining whether the 

rules and regulations of this Ordinance 

are being complied with. 

SECTION FOUR.12.8 LICENSE 

REQUIRED. 

Sales of alcohol and alcoholic 

beverages on lands within the 

Community’s jurisdiction may only be 

made at businesses which hold a Tribal 

Alcohol License. 

SECTION FOUR.12.9 SALES FOR 

CASH. 

All alcohol sales within the Reserve 

boundaries shall be on a cash only 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. 

SECTION FOUR.12.10 SALES FOR 

PERSONAL CONSUMPTION. 

All sales shall be for the personal use 

and consumption of the purchaser. 

Resale of any alcoholic beverage 

purchased within the exterior 

boundaries of the Reserve is prohibited. 

Any person who is not licensed 

according to this Ordinance who 

purchases an alcoholic beverage within 

the boundaries of the Reserve and sells 

it, whether in the original container or 

not, shall be guilty of a violation of this 

Ordinance and shall be subjected to 

paying damages to the Community as 

set forth herein. 

SECTION FOUR.12.11

REQUIREMENTS FOR APPLICATION 

FOR TRIBAL ALCOHOL LICENSE. 

A. No individual tribal license shall 

issue under this Ordinance except upon 

a sworn application filed with the 

Alcohol Control Committee containing a 

full and complete showing of the 

following: 

1. Satisfactory proof that the applicant 

is or will be duly licensed by the State 

of Alaska. 

2. Satisfactory proof that the applicant 

is of good character and reputation 

among the people of the Reserve and 

that the applicant is financially 

responsible. 

3. The description of the premises in 

which the intoxicating beverages are to 

be sold, proof that the applicant is the 

owner of such premises, or lessee of 

such premises, for at least the term of 

the license. 

4. Agreement by the applicant to 

accept and abide by all conditions of the 

tribal license. 

5. Payment of a license fee as 

prescribed by the Alcohol Control 

Committee. 

6. Satisfactory proof that neither the 

applicant nor the applicant’s spouse has 

ever been convicted of a felony. 

7. 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 Alcohol 

Control Committee and has been 

published at least twice in such local 

newspaper serving 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 Alcohol Control 

Committee according to Section 

Four.12.12 of this Ordinance. 

SECTION FOUR.12.12 HEARING ON 

APPLICATION FOR TRIBAL ALCOHOL 

LICENSE. 

A. All applications for a tribal alcohol 

license shall be considered by the 

Alcohol Control Committee in open 

session at which the applicant, his/her 

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 

Alcohol Control Committee, by secret 

ballot, shall determine whether to grant 

or deny the application based on: 

1. Whether the requirements of 

SECTION FOUR.12.11 have been met; 

and 

2. Whether the Alcohol Control 

Committee, in its discretion, determines 

that granting the license is in the best 

interest of the Community. 

In the event that the applicant is a 

member of the Tribal Council, or a 

member of the immediate family of a 

Tribal Council member, such member 

shall not vote on the application or 

participate in the hearings as a Alcohol 

Control Committee member. 

SECTION FOUR.12.13 TEMPORARY 

PERMITS. 

The Alcohol Control Committee or its 

designee may grant a temporary permit 

for the sale of intoxicating 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 conditions 

prescribed in SECTION FOUR.12.13 of 

this Ordinance shall be observed by the 

permittee. Each permit issued shall 

specify the types of intoxicating 

beverages to be sold. Further, a fee, as 

set by the Alcohol Control Committee, 

will be assessed on temporary permits. 


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SECTION FOUR.12.14 CONDITIONS 

OF TRIBAL LICENSE. 

A. Any tribal license issued under 

this Ordinance shall be subject to such 

reasonable conditions as the Alcohol 

Control Committee shall fix, including, 

but not limited to the following: 

1. The license shall be for a term not 

to exceed 2 years; 

2. The licensee shall at all times 

maintain an orderly, clean, and neat 

establishment, both inside and outside 

the licensed premises; 

3. The licensed premises shall be 

subject to patrol by the tribal police 

department, and such other law 

enforcement officials as may be 

authorized under applicable law; 

4. The licensed premises shall be 

open to inspection by duly authorized 

tribal officials at all times during the 

regular business hours; 

5. Subject to the provisions of 

subsection (7) to this section, no 

intoxicating beverages shall be sold, 

served, disposed of, delivered or given 

to any person, or consumed on the 

licensed premises except in conformity 

with the hours and days prescribed by 

the laws of the State of Alaska, and in 

accordance with the hours fixed by the 

Alcohol Control Committee, provided 

that the licensed premises shall not 

operate or open earlier or operate or 

close later than is permitted by the laws 

of the State of Alaska. 

6. No alcohol shall be sold within 200 

feet of a polling place on tribal election 

days, when a referendum is held of the 

people of the Community, and 

including special days of observance as 

designated by the Alcohol Control 

Committee. 

7. All acts and transactions under 

authority of the tribal alcohol license 

shall be in conformity with the laws of 

the State of Alaska, as required by 

federal law, and shall be in accordance 

with this ordinance and any tribal 

license issued according to this 

Ordinance. 

8. No person under the age permitted 

under the laws of the State of Alaska 

shall be sold, served, delivered, given, 

or allowed to consume alcoholic 

beverages in the licensed establishment 

and/or area. 

9. There shall be no discrimination in 

the operations under the tribal license 

by reason of race, color, or creed. 

SECTION FOUR.12.15 LICENSE NOT 

A PROPERTY RIGHT. 

Notwithstanding any other provision 

of this ordinance, a tribal alcohol 

license is a mere permit for a fixed 

duration of time. A tribal alcohol license 

shall not be deemed a property right or 

vested right of any kind, nor shall the 

granting of a tribal alcohol license give 

rise to a presumption of legal 

entitlement to the granting of such 

license for a subsequent time period. 

SECTION FOUR.12.16 ASSIGNMENT 

OR TRANSFER. 

No tribal license issued under this 

Ordinance shall be assigned or 

transferred without the written approval 

of the Alcohol Control Committee 

expressed by formal resolution. 

SECTION FOUR.12.17 SALE OR 

POSSESSION WITH INTENT TO SELL 

WITHOUT A LICENSE. 

Any offense of Title One, Section 1.55 

LIQUOR POSSESSION FOR SALE shall 

also be considered a violation under this 

Ordinance. 

SECTION FOUR.12.18 PURCHASE 

FROM OTHER THAN LICENSED 

FACILITIES. 

Any person within the boundaries of 

the Reserve who buys alcohol from any 

person other than at a properly licensed 

facility shall be guilty of a violation of 

this Ordinance. 

SECTION FOUR.12.19 SALES TO 

PERSONS UNDER THE INFLUENCE OF 

ALCOHOL. 

Any person who sells alcohol to a 

person apparently under the influence 

of alcohol shall be guilty of a violation 

of this Ordinance. 

SECTION FOUR.12.20 CONSUMING 

ALCOHOL IN PUBLIC CONVEYANCE. 

Any person engaged wholly or in part 

in the business of carrying passengers 

for hire, and every agent, servant or 

employee of such person who shall 

knowingly permit any person to drink 

any alcoholic beverages in any public 

conveyance shall be guilty of a violation 

of this Ordinance. Any person who shall 

drink any alcoholic beverage in a public 

conveyance shall be guilty of a violation 

of this Ordinance. 

SECTION FOUR.12.21

CONSUMPTION OR POSSESSION OF 

ALCOHOL BY MINORS. 

The possession of alcohol by any 

minor is prohibited by Section 1.56b of 

the Criminal Law & Procedure Code. 

Any offense committed under Section 

1.56b shall also constitute a violation of 

this Ordinance. 

SECTION FOUR.12.22 SALE OF 

ALCOHOL TO MINORS. 

The sale of alcohol to any minor is 

prohibited by Section 1.49a of the 

Criminal Law & Procedure Code. Any 

offense committed under Section 1.49a 

shall also constitute a violation of this 

Ordinance. 

SECTION FOUR.12.23 TRANSFER OF 

IDENTIFICATION TO MINOR. 

Any person who transfers in any 

manner an identification of age to a 

minor for the purpose of permitting 

such minor to obtain alcohol shall be 

guilty of an offense; provided, that 

corroborative testimony of a witness 

other than the minor shall be a 

requirement of finding a violation of 

this ordinance. 

SECTION FOUR.12.24 USE OF FALSE 

OR ALTERED IDENTIFICATION. 

Any person who attempts to purchase 

an alcoholic beverage through the use of 

false or altered identification that falsely 

purports to show the individual to be 

over the age of 21 years shall be guilty 

of violating this Ordinance. 

SECTION FOUR.12.25 VIOLATION 

OF THIS ORDINANCE. 

A. The Metlakatla Police Department 

shall notify the Alcohol Control 

Committee in writing of any suspected 

violations of this Ordinance. Upon the 

request of the Alcohol Control 

Committee, the Metlakatla Police 

Department shall appear at the time and 

place specified for a hearing under 

subsection B to present the evidence 

against accused. 

B. Any person accused of violating 

this ordinance shall be entitled to a 

hearing before the Alcohol Control 

Committee after 10 days’ written notice. 

The notice must specify the facts 

underlying the allegation and the 

specific provision of the Ordinance the 

person is accused of violating. The 

accused shall be entitled to the Basic 

Rights included in Title 1, Chapter 2, 

Section 2.3, with the exception of a right 

to trial by an impartial jury. The 

accused shall be found guilty upon a 

two-third vote of the members of the 

Alcohol Control Committee present at 

the hearing. Any person guilty of a 

violation of this Ordinance by the 

Alcohol Control Committee shall be 

liable to pay the Community a penalty 

not to exceed $500 per violation as civil 

damages to defray the Community’s cost 

of enforcement of this Ordinance. 

C. In addition to any penalties so 

imposed, any license issued hereunder 

may be suspended or canceled by the 

Alcohol Control Committee for the 

violation of any of the provisions of this 

Ordinance, or of the tribal license, upon 

hearing before the Alcohol Control 

Committee after 10 days’ notice to the 

licensee. The decision of the Alcohol 

Control Committee shall be final. 


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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices 14285 

D. A licensee that loses any license 

granted under this Chapter pursuant to 

Section Four.12.25(B) may reapply for a 

license according to the terms of this 

chapter after a period of six (6) months. 

SECTION FOUR.12.26 ACCEPTABLE 

IDENTIFICATION. 

A. Where there may be a question of 

a person’s right to purchase alcohol by 

reason of his/her age, such person shall 

be required to present any one of the 

following issued cards of identification 

which shows his/her correct age and 

bears his/her signature and photograph: 

1. Driver’s license of any state or 

identification card issued by any State 

Department of Motor Vehicles; 

2. United States Active Duty Military 

Identification; 

3. Passport. 

SECTION FOUR.12.27 POSSESSION 

OF ALCOHOL CONTRARY TO THIS 

ORDINANCE. 

Alcoholic beverages which are 

possessed contrary to the terms of this 

Ordinance are declared to be 

contraband. Alcoholic beverages 

declared contraband shall be subject to 

seizure under Title IV, Chapter 6 of the 

Civil Code. 

SECTION FOUR.12.28 SALES TAX. 

The Alcohol Control Committee shall 

have the authority, by regulation, to levy 

and collect a sales tax on each sale of 

alcoholic beverages on the Reserve. The 

amount of such tax shall be set by 

resolution, shall include credit card 

payments, and shall include all retail 

sales of alcohol on the Reserve. 

SECTION FOUR.12.29 PAYMENT OF 

TAXES TO COMMUNITY. 

All taxes from the sale of alcoholic 

beverages on the Reserve shall be paid 

over to the Secretary of the Community. 

SECTION FOUR.12.30 TAXES DUE. 

All taxes for the sale of alcoholic 

beverages on the Reserve are due within 

thirty (30) days of the end of the 

calendar quarter for which the taxes are 

due. 

SECTION FOUR.12.31 REPORTS. 

Along with payment of the taxes 

imposed herein, the taxpayers shall 

submit an accounting for the quarter of 

all income from the sale or distribution 

of said beverages as well as for the taxes 

collected. 

SECTION FOUR.12.32 AUDIT. 

As a condition of obtaining a license, 

the licensee must agree to the review or 

audit of its books and records relating to 

the sale of alcoholic beverages on the 

Reserve. Said review or audit may be 

done annually by the Community 

through its agents or employees 

whenever, in the opinion of the Alcohol 

Control Committee, such a review or 

audit is necessary to verify the accuracy 

of reports. 

SECTION FOUR.12.33 DISPOSITION 

OF PROCEEDS. 

A. The gross proceeds collected by the 

Alcohol Control Committee from all 

licensing and provided from the 

taxation of the sales of alcoholic 

beverages on the Reserve shall be 

distributed as follows: 

1. For the payment of all necessary 

personnel, administrative costs, and 

legal fees for the operation of the 

Alcohol Control Committee and its 

activities. 

2. The remainder shall be turned over 

the account of the Community. 

SECTION FOUR.12.34

SEVERABILITY. 

If any provision or application of this 

ordinance is determined by review to be 

invalid, such adjudication shall not be 

held to render ineffectual the remaining 

portions of this Ordinance or to render 

such provisions inapplicable to other 

persons or circumstances. 

SECTION FOUR.12.35 PRIOR 

ENACTMENTS. 

All prior enactments of the Tribal 

Council that are inconsistent with the 

provisions of this Ordinance are hereby 

rescinded. 

SECTION FOUR.12.36

CONFORMANCE WITH STATE OF 

ALASKA LAWS. 

All acts and transactions under this 

Ordinance shall be in conformity with 

the laws of the State of Alaska as that 

term is used in 18 U.S.C. 1161. 

SECTION FOUR.12.37 EFFECTIVE 

DATE. 

This Ordinance shall be effective as of 

the date of publication in the Federal 

Register. 

SECTION FOUR.12.38 AMENDMENT. 

This Ordinance may only be amended 

or repealed by a majority vote of the 

Tribal Council. The authorized areas of 

the Community’s Reserve where alcohol 

may be sold may only be amended or 

repealed by the Tribal Council. No 

amendment or modification of the 

regulation by the Community of the sale 

and possession of alcohol is effective 

until approved by the Secretary of the 

Interior and published in the Federal 

Register. 

SECTION FOUR.12.39 SOVEREIGN 

IMMUNITY. 

This Ordinance in no way limits, 

alters, restricts, or waives the 

Community’s sovereign immunity from 

unconsented suit. 

[FR Doc. 2022–05344 Filed 3–11–22; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[2231A2100DD/AAKC001030/ 

A0A501010.999900; OMB Control Number 

1076–0152] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Tribal Revenue 

Allocation Plans 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, we, 

the Assistant Secretary—Indian Affairs 

(AS–IA) are proposing to renew an 

information collection. 

DATES: Interested persons are invited to 

submit comments on or before April 13, 

2022. 

ADDRESSES: Send written comments on 

this information collection request (ICR) 

to the Office of Management and 

Budget’s Desk Officer for the 

Department of the Interior by email at 

OIRA_Submission@omb.eop.gov; or via 

facsimile to (202) 395–5806. Please 

provide a copy of your comments to 

Steven Mullen, Information Collection 

Clearance Officer, Office of Regulatory 

Affairs and Collaborative Action— 

Indian Affairs, U.S. Department of the 

Interior, 1001 Indian School Road NW, 

Suite 229, Albuquerque, New Mexico 

87104; or by email to comments@

bia.gov. Please reference OMB Control 

Number 1076–0152 in the subject line of 

your comments. 

FOR FURTHER INFORMATION CONTACT: To 

request additional information about 

this ICR, contact Ms. Paula Hart, 

Director, Office of Indian Gaming, AS– 

IA, by telephone: (202) 219–4066; or by 

email to indiangaming@bia.gov. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. You 

may also view the ICR at http://

www.reginfo.gov/public/do/PRAMain. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Paperwork 


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