[Federal Register: November 10, 2004 (Volume 69, Number 217)]
[Notices]
[Page 65216]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no04-155]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Plan for the Use and Distribution of Assiniboine and Sioux Tribes
of the Fort Peck Reservation Judgment Funds in Docket No. 773-87L
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the plan for the use and
distribution of the Tribe's portion of the judgment funds awarded in
Assiniboine and Sioux Tribes of the Fort Peck Reservation, et al. v.
U.S., Docket No. 773-87L is effective as of May 29, 2004. On March 18,
1999, $4,522,551.84 was appropriated to satisfy an award that was made
by the United States Court of Federal Claims to the Tribe and
individual Indian plaintiffs in Docket No. 773-87L. A percentage of the
Tribe's portion of the aggregate award was transferred to a separate
tribal trust fund account on February 14, 2001. The Tribe will most
likely receive additional payments from the aggregate award once the
identification of all individuals eligible to share in the aggregate
award is complete and the pro rata shares are calculated. This plan
pertains to the Tribe's portion ($643,186.73) of the aggregate award
and any additional funds the Tribe may receive from the aggregate award
fund.
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 March 23, 2004, 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 March 29, 2004. The plan became
effective on May 29, 2004, because a joint resolution disapproving it
was not enacted. The plan reads as follows:
Plan
For the Use and Distribution of Assiniboine and Sioux Tribes of the
Fort Peck Reservation Judgment Funds Docket No. 773-87-L
This plan governs the use and distribution of the Tribe's share of
the judgment funds awarded by the United States Court of Federal Claims
(Court) to the Assiniboine and Sioux Tribes of the Fort Peck
Reservation (Tribe), et al., in Docket No. 773-87-L. It also governs
any additional funds the Court may award to the Tribe in Docket No.
773-87-L, including interest and investment income accrued on the
award, less attorney fees and litigation expenses.
Tribal Programming
One hundred percent (100%) of the funds shall be made available for
tribal health, education, housing and social services programs of the
Tribe. Accounts shall be established for the following programs and
funds shall be transferred to those accounts in the specified amounts--
1. Educational and Youth Programs........................... $86,500
2. Facilities and Housing Improvement....................... 150,000
3. Equipment for Public Utilities........................... 136,168
4. Medical Assistance/Dental/Eyeglasses/Convalescent 126,000
Equipment..................................................
5. Senior Citizens/Community Services....................... 160,000
-----------
Total................................................... 658,668
All funds in excess of $658,668, and any funds added to the trust
fund account as the result of further court proceedings in Docket No.
773-87-L, shall be utilized for the Senior Citizens/ Community Services
programs. None of these funds shall be available for per capita
distribution to any member of the Tribe.
General Provisions
None of the funds distributed under this plan 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 any Federal or federally
assisted programs.
Dated: October 21, 2004.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 04-25047 Filed 11-9-04; 8:45 am]