[Federal Register: November 10, 2004 (Volume 69, Number 217)]
[Notices]
[Page 65216-65217]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no04-156]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Plan for the Use and Distribution of Mescalero Apache Judgment
Funds in Docket No. 92-403L
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 Mescalero Apache
Tribe in Docket No. 92-403L is effective as of March 20, 2004. The
judgment fund was awarded by the United States Court of Federal Claims
on January 31, 2002, and appropriated on February 25, 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 17, 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 January 20, 2004. On March 20,
2004, the plan became effective because a joint resolution disapproving
it was not enacted. The plan reads as follows:
[[Page 65217]]
Plan
For the Use and Distribution of Mescalero Apache Tribe Judgment Funds
in Docket 92-403L
The funds appropriated on February 25, 2002, in satisfaction of an
award granted to the Mescalero Apache Tribe in Docket 92-403L before
the United States Court of Federal Claims (Court), including all
interest and investment income accrued, less attorney fees and
litigation expenses, shall be distributed as herein provided.
A. Per Capita Distribution
Fifty (50%) percent of the funds, including interest and investment
income, shall be distributed in the form of per capita payments, as
approved by the Tribal Council, in equal amounts to all persons who are
enrolled members of the Mescalero Apache Tribe.
1. The per capita shares of living competent adults shall be paid
directly to them.
2. The per capita shares of deceased individual beneficiaries shall
be determined in accordance with 25 CFR part 15.
3. 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. Programming
The remaining funds, including interest and investment income,
shall be used for the following purposes. The Tribe may reallocate the
funding amounts if the Tribe determines it necessary.
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(percent)
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(A) Tribal Store Business Operations Improvement (est. 34.07
$1,022,000)...............................................
(B) Tribal Operational Activities (est. $1,978,000)
The Tribal Operational Activities programming funds shall
be allocated by the Tribe for the following Tribal
operational activities with amounts to be determined on a
priority as-needed basis:
(1) Debt Service for principal and interest payments on 15.93
loans related to capital projects for the new
Mescalero Apache Tribe school, Nursing Home/Dialysis
Center and other capital projects which require
financing.............................................
(2) Funding amounts for the Mescalero Apache Tribe 33.33
Defined Benefit Pension Plan..........................
(3) Self-Funded Health Plan Benefit Payments........... 16.67
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C. 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.
Michael D. Olsen,
Acting Principal Deputy, Assistant Secretary--Indian Affairs.
[FR Doc. 04-25046 Filed 11-9-04; 8:45 am]