[Federal Register: November 10, 2004 (Volume 69, Number 217)]
[Notices]
[Page 65217-65218]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no04-157]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Plan for the Use and Distribution of Pueblo of Isleta Judgment
Funds in Docket No. 98-166L
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the plan for the use and
distribution of the judgment funds awarded to the Pueblo of Isleta
(Pueblo) in Docket No. 98-166L is effective as of March 20, 2004. The
judgment fund was awarded by the United States Court of Federal Claims
on January 7, 2002, and appropriated on March 19, 2002.
FOR FURTHER INFORMATION CONTACT: Daisy West, Bureau of Indian Affairs,
Division of Tribal Government Services, Mail Stop 320-SIB, 1951
Constitution Avenue, NW., Washington, DC 20240. Telephone number: (202)
513-7641.
SUPPLEMENTARY INFORMATION: On December 5, 2003, the plan for the use
and distribution of the funds was submitted to Congress pursuant to
Section 137 of the Act of November 10, 2003, Pub. L. 108-108, 117 Stat.
1241, and the Indian Tribal Judgment Fund Act, 25 U.S.C. 1401 et seq.
Receipt of the plan by the House of Representatives and the Senate was
recorded in the Congressional Record on December 8, 2003, and January
20, 2004, respectively. The plan became effective on March 20, 2004,
because a joint resolution disapproving it was not enacted. The plan
reads as follows:
Plan
For the Use and Distribution of Pueblo of Isleta Judgment Funds in
Docket No. 98-166L
The funds appropriated on March 19, 2002, in satisfaction of an
award granted to the Pueblo of Isleta (Pueblo) in Docket 98-166L before
the United States Court of Federal Claims, less attorney fees and
litigation expenses, and including all interest and investment income
accrued on the award net of fees and expenses fees and expenses (the
``available funds''), shall be distributed as herein provided.
A. Per Capita Distribution.
One hundred (100%) percent of the available funds shall be
distributed in the form of per capita payments in amounts as equal as
practicable to all enrolled members of the Pueblo who are living on the
date this plan becomes effective.
1. The Tribal Council shall prepare and certify to the Bureau of
Indian Affairs a list of such persons eligible to participate in said
per capita payments.
2. The per capita shares of living competent adults shall be paid
directly to them.
3. The per capita shares of incarcerated members who are eligible
for the per capita payment shall be either--
(a) Delivered to the incarcerated member or a designated
representative at an address directed and authorized by the
incarcerated member in writing; or
(b) Placed in Individual Indian Money (IIM) accounts, provided that
the Pueblo provides a certified list of those individuals to the Bureau
of Indian Affairs along with the written requests from those
individuals requesting that
[[Page 65218]]
their per capita funds be placed in a non-supervised IIM account.
4. The per capita shares of deceased individual beneficiaries shall
be determined in accordance with 25 CFR part 15.
5. Per capita shares of legal incompetents and minors shall be
handled as provided in 25 U.S.C. 1403(b)(3). The funds will be placed
in IIM accounts and may be disbursed to the parents or legal guardian
of such minors or legal incompetents in such amounts as may be
necessary for the minor or legal incompetent's health, education,
welfare, or emergencies under a plan or plans approved by the Secretary
and the Tribal Council.
B. General Provisions.
Funds distributed under this plan shall not be liable for the
payment of previously contracted obligations of any recipient as
provided in 25 U.S.C. 117b(a). None of the funds distributed per capita
or made available under this plan for programming shall be subject to
Federal or State income taxes, nor shall such funds nor their
availability be considered as income or resources nor otherwise
utilized as the basis for denying or reducing the financial assistance
or other benefits to which such household or member would otherwise be
entitled under the Social Security Act, or except for per capita shares
in excess of $2,000, any Federal or federally assisted programs.
Dated: October 21, 2004.
Michael D. Olsen,
Acting Principal Deputy, Assistant Secretary--Indian Affairs.
[FR Doc. 04-25045 Filed 11-9-04; 8:45 am]