Notice2026-08422
Prairie Island Indian Community in the State of Minnesota; Alcohol and Controlled Substance Ordinance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 30, 2026
Effective
April 30, 2026
Issuing agencies
Interior DepartmentIndian Affairs Bureau
Abstract
This notice publishes the Prairie Island Indian Community Alcohol and Controlled Substance (Ordinance), which supersedes any conflicting provision found in the Prairie Island Indian Community Ordinance published on March 30, 1954.
Full Text
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<title>Federal Register, Volume 91 Issue 83 (Thursday, April 30, 2026)</title>
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[Federal Register Volume 91, Number 83 (Thursday, April 30, 2026)]
[Notices]
[Pages 23302-23304]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08422]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[267A2100DD/AAKP300000/A0A501010.000000]
Prairie Island Indian Community in the State of Minnesota;
Alcohol and Controlled Substance Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Prairie Island Indian Community
Alcohol and Controlled Substance (Ordinance), which supersedes any
conflicting provision found in the Prairie Island Indian Community
Ordinance published on March 30, 1954.
DATES: The Ordinance shall become effective April 30, 2026.
FOR FURTHER INFORMATION CONTACT: Rebecca Smith, Acting Tribal
Operations Officer, Midwest Regional Office, Bureau of Indian Affairs,
5600 West American Boulevard, Suite 500, Bloomington, Minnesota 55437;
Telephone: (612) 725-4500; Fax: (612) 713-4401.
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 control ordinances for the purpose of regulating
liquor transactions in Indian country. On December 11, 2024, the
Prairie Island Indian Community in the State of Minnesota adopted
amendments to its Alcohol and Controlled Substance Ordinance by
Resolution Nos. 24-12-11-296 and 25-4-9-54, which supersedes any
conflicting provision found in the Prairie Island Indian Community
ordinance published in the Federal Register on March 30, 1954 (19 FR
1778).
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 Tribal Council of the Prairie Island Indian
Community in the State of Minnesota duly adopted these amendments to
the Community's Alcohol and Controlled Substance Ordinance on December
11, 2024.
The Prairie Island Indian Community Alcohol and Controlled
Substance Ordinance, as amended, shall read as follows:
Section 1. Short Title. This Ordinance shall be known and may be
cited as the Prairie Island Indian Community Alcohol and Controlled
Substance Ordinance.
Section 2. Statement of Purpose, Findings, and Authority.
a. Purpose. It is the policy of the Community Council to protect
the safety and welfare of persons within the Reservation and to
ensure the maintenance of law and order on the Reservation by
regulating the purchase, possession, and consumption of Alcoholic
Beverages by persons under the age of 21 years, by regulating the
possession or consumption of Alcoholic Beverages in public places
during Community events including but not limited to the annual
Summer and Winter Pow Wows, and by prohibiting the purchase,
possession, or use of Controlled Substances by all persons on the
Reservation.
b. Findings. [reserved].
c. Authority. [reserved].
Section 3. Definitions. Unless otherwise clearly indicated
herein, the terms used in this Ordinance shall have the meanings
given them in Minn. Stat., Section 340A.101 (2023), as that Section
may be amended from time to time. If a definition for a term is not
provided by the text of this Ordinance, or by Minn. Stat., Section
340A.101 (2023), then the term is to be given its ordinary and plain
meaning.
a. ``Alcoholic Beverage'' means any beverage as that term is
defined in the Community's Liquor Control Ordinance.
b. ``Community'' means the Prairie Island Indian Community in
the State of Minnesota, a federally recognized Indian Tribe.
c. ``Community Council'' means the constitutionally authorized
governing body of the Community, also referred to as the ``Tribal
Council.''
d. ``Community Member'' or ``Member'' means an enrolled member
of the Prairie Island Indian Community.
e. ``Consume'' means both the ingestion of an Alcoholic Beverage
or Controlled Substance and the physical condition of having
ingested an Alcoholic Beverage or Controlled Substance.
f. ``Controlled Substance'' means a drug, substance, or
immediate precursor as identified in Schedules I through V of
Section 152.02 of Minnesota Statutes, as that Section may be amended
from time to time.
g. ``Drug Paraphernalia'' means all equipment, products, and
materials of any kind, except those items used in conjunction with
permitted uses of Controlled Substances under the Uniform Controlled
Substances Act, which are knowingly or intentionally used primarily
in:
1. manufacturing a Controlled Substance;
2. injecting, ingesting, inhaling, or otherwise introducing into
the human body a Controlled Substance;
3. testing the strength, effectiveness, or purity of a
Controlled Substance; or
4. enhancing the effect of a Controlled Substance.
h. ``Law Enforcement Officer'' means any full or part-time
officer employed by the Prairie Island Indian Community Police
Department, including the Chief of Police, unless the context
clearly indicates otherwise. It also includes ``Peace Officers'' as
defined in Minnesota Statutes, Section 626.84, subd. l(c) (2023), as
that Section may be amended from time to time, subject to the
limitations contained in Section 5(b) of this Ordinance.
i. ``Prairie Island Indian Community Reservation'' or
``Reservation'' means all lands and waters within the exterior
boundaries of the Prairie Island Indian Community Reservation,
notwithstanding the issuance of any patent, easement, or rights-of-
way running through the Reservation, ceded lands, and such other
lands without such boundaries as may be added by purchase, exchange,
transfer, gift, or grant, or which are under the jurisdiction of the
Community.
j. ``Possess'' means and includes, but is not limited to, being
in a room, any motorized vehicle, including snowmobiles and ATVs, a
boat, trailer, or public or private place where Alcoholic Beverages
or Controlled Substances are openly displayed and accessible. Lack
of knowledge of the existence or lack of accessibility to such
Alcoholic Beverages or Controlled Substances shall be an affirmative
defense that must be asserted and established by a preponderance of
the evidence.
k. ``Tribal Court'' means the Prairie Island Mdewakanton Dakota
Community Tribal Court.
Section 4. Applicability. The provisions of this Ordinance apply
to all persons who purchase, Possess, or Consume Alcoholic Beverages
or Controlled Substances on the Reservation in violation of this
Ordinance.
Section 5. Enforcement and General Provisions.
a. Enforcement Authority.
1. Authorized Law Enforcement Officers. The Following Law
Enforcement Officers are
[[Page 23303]]
empowered and authorized to enforce this Ordinance:
A. The Prairie Island Community Chief of Police and Officers of
the Prairie Island Indian Community Police Department; and
B. Peace Officers employed by jurisdictions that meet the
requirements of subsection (a)(2) of this Section.
2. Limitation of Authority as to Peace Officers. The authority
granted to Peace Officers in subsection (a)(1) of this Section will
be effective only if and when a cooperative agreement is in effect
between the Prairie Island Indian Community and the relevant state
or local law enforcement agency.
3. Entry of Dwellings. Authorized Law Enforcement Officers shall
have the authority to enter private dwellings for the purpose of
enforcing this Ordinance if the Officer has probable cause to
believe that the Ordinance is being violated, either subject to the
authority of a Tribal or State Court search warrant, or as permitted
by Minnesota law regarding warrantless searches.
4. Process. A copy of each citation issued pursuant to this
Ordinance shall be promptly submitted to the Clerk of the Tribal
Court. The recipient of the citation then has twenty (20) days from
the filing of the citation with the Tribal Court to respond. The
defendant may mark the citation with a plea of guilty and pay the
associated fine or may mark the citation with a plea of not guilty
and return it to the Tribal Court within the specified time, in
which case a date for trial will be set. The failure of a defendant
to respond to the citation within the specified time will be
considered a plea of guilty and a waiver of the right to a trial,
unless the defendant can show that the failure to respond was due to
excusable neglect or exigent circumstances beyond their control.
b. Jurisdiction.
1. The Tribal Court shall have the exclusive jurisdiction to
enforce the provisions of this Ordinance and impose the penalties
provided for therein upon the presentation of a complaint by the
Community Council, an Officer of the Prairie Island Community Police
Department, or other Authorized Law Enforcement Officer. The
prosecution of a complaint may be carried out by the complainant,
including an Authorized Law Enforcement Officer, notwithstanding
whether such person is an attorney and notwithstanding whether such
person has been admitted to appear before the Tribal Court, or by a
prosecutor assigned by the Community Council.
2. Nothing in this Section shall be construed to preclude or
limit a State Court's ability to afford full faith and credit to an
order of the Tribal Court issued under the authority of this
Ordinance.
c. Penalties.
1. Fine Categories.
A. For the purposes of this Ordinance the following penalties
are associated with the following fine categories:
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Violation Fine
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Level 1 Offense........................... a civil fine not greater
than $500.
Level 2 Offense........................... a civil fine not greater
than $1,000.
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B. The Tribal Court shall impose all fines under this Ordinance,
and all fines collected under this Ordinance shall be payable
directly to the Clerk of the Tribal Court. No Law Enforcement
Officer may accept payment of a fine under this Ordinance.
2. Nonpayment of Fines. If a fine levied by the Tribal Court
under this Ordinance against a Member of the Community is not paid
within thirty (30) days, the Tribal Court shall have the authority
to order garnishment of the Member's per capita distributions in the
amount of the fine. If the fine levied by the Tribal Court under
this Ordinance against a Community Member who is a minor is not paid
within 30 days, the Tribal Court shall have the authority to order
the garnishment of the per capita distributions of the minor's
parent or legal guardian in the amount of the fine, if such parent
or legal guardian is a Member of the Community, or to impose the
fine or Community service or both against a parent or legal guardian
who is not a Member of the Community.
3. Fines--Repeat Offenders. Unless otherwise provided in this
Ordinance, if a person is convicted of a second offense under this
Ordinance within a twelve (12) month period, the Tribal Court may,
in its sole discretion, double the dollar amount of the applicable
fine.
4. Other Penalties Authorized.
A. Trespass. If a non-member is convicted of a Controlled
Substance offense, the Tribal Court shall also have the authority to
trespass nonmembers from the Community for a fixed period, or
permanently as the Court may deem appropriate in its sole
discretion.
B. Chemical Dependency and Alcohol Assessments. If a Community
Member is convicted of a Controlled Substance violation, the Tribal
Court shall also have the authority to require that the Community
Member submit to a chemical dependency assessment and to follow all
recommendations resulting from that assessment. If a Community
Member is convicted of a second alcohol-related offense in a twelve
(12) month period, the Tribal Court shall also have the authority to
require that the Community Member submit to an alcohol assessment
and to follow all recommendations resulting from that assessment.
d. Penalties Civil in Nature; Applicability of Indian Civil
Rights Act. The penalties authorized by this Ordinance are civil in
nature and do not preclude or affect the ability of the State of
Minnesota to criminally prosecute offenders in the Courts of the
State of Minnesota based on the same occurrence. This Ordinance will
be enforced in compliance with the protections afforded by the
Indian Civil Rights Act of 1968, 25 U.S.C. 1301-1341.
Section 6. Alcohol.
a. Consumption. It is a violation of this Ordinance for any
person under the age of 21 years to consume Alcoholic Beverages. A
violation of this subsection shall constitute a Level 1 Offense.
b. Purchase.
1. It is a violation of this Ordinance for any person:
A. to sell, barter, furnish, or give Alcoholic Beverages to a
person under 21 years of age;
B. under the age of 21 years to purchase or attempt to purchase
any Alcoholic Beverage; or
C. to induce a person under the age of 21 years to purchase or
procure any Alcoholic Beverage or to lend or knowingly permit the
use of the person's driver's license, permit, Minnesota
identification, or other form of identification by a person under
the age of 21 years for the purpose of purchasing or attempting to
purchase an Alcoholic Beverage.
2. A violation of subsections (b)(1)(A) or (C) of this Section
shall constitute a Level 2 Offense. A violation of subsection
(b)(1)(B) of this Section shall constitute a Level 1 Offense.
c. Possession. It is a violation of this Ordinance for a person
under the age of 21 years to possess any Alcoholic Beverage. A
violation of this subsection shall constitute a Level 1 Offense.
d. Misrepresentation of Age. It is a violation of this Ordinance
for a person under the age of 21 years to claim to be 21 years old
or older for the purpose of purchasing, possessing, or consuming
Alcoholic Beverages. A violation of this subsection shall constitute
a Level 1 Offense.
e. Community Events. It is a violation of this Ordinance for any
person to possess or consume Alcoholic Beverages on the Reservation
(with the exception of homesite assignments and business enterprises
of the Prairie Island Indian Community, including but not limited
to, Treasure Island Resort & Casino and Mount Frontenac Golf Course)
during Community events, including specifically, but not limited to,
the Community's annual Summer and Winter Pow Wows and such other
events as the Community Council may identify by formal Resolution
and upon notice. A violation of this subsection shall constitute a
Level 1 Offense.
Section 7. Controlled Substances.
a. It is a violation of this Ordinance for any person to
manufacture, deliver, receive, sell, Possess, or Consume, without a
valid pharmacist license or without a valid prescription from a
medical doctor, a Controlled Substance. A violation of this
subsection shall constitute a Level 2 Offense.
b. It is a violation of this Ordinance for any person to Possess
Drug Paraphernalia. A violation of this subsection shall constitute
a Level 1 Offense.
Section 8. Records.
a. The Tribal Court shall keep a full record of every case in
which a person is convicted of a violation of any part of this
Ordinance and shall make that record, or an abstract thereof,
available to the Department of Public Safety of the State of
Minnesota upon request.
b. No record of the conviction of any person under this
Ordinance shall be admissible as evidence in any court in any civil
action, nor shall such record impair the credibility of such persons
as a witness in any legal proceeding.
[[Page 23304]]
Section 9. Miscellaneous Provisions.
a. Severability. If any provision of this Ordinance or its
application to any person or circumstance is held invalid, the
remainder of this Ordinance, or the application of the provision to
other persons or circumstances is not affected.
b. [reserved].
William Henry Kirkland III,
Assistant Secretary--Indian Affairs.
[FR Doc. 2026-08422 Filed 4-29-26; 8:45 am]
BILLING CODE 4337-15-P
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</html>Indexed from Federal Register on April 30, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.