[Federal Register Volume 60, Number 112 (Monday, June 12, 1995)]
[Notices]
[Pages 31044-31045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14360]
[[Page 31043]]
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Part IX
Department of the Interior
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Bureau of Indian Affairs
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Mission Indian Judgment Funds; Plan for Use; Notice
Federal Register / Vol. 60, No. 112 / Monday, June 12, 1995 / Notices
[[Page 31044]]
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Plan for the Use of the Mission Indian Judgment Funds in Docket
No. 80 A-2 Before the United States Court of Federal Claims
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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EFFECTIVE DATE: This plan was effective as of March 9, 1995.
FOR FURTHER INFORMATION CONTACT: Terry Lamb, Historian, Bureau of
Indian Affairs, Division of Tribal Government Services, MS 2611-MIB,
1849 C Street, N.W., Washington, D.C. 20240.
SUPPLEMENTARY INFORMATION: The Act of October 19, 1973, (Pub.L. 93-134,
87 Stat. 466), as amended, requires that a plan be prepared and
submitted to Congress for the use and distribution of funds
appropriated to pay a judgment of the Indian Claims Commission or Court
of Claims to any Indian tribe. Funds were appropriated on October 26,
1993, in satisfaction of the award granted to the Mission Indians
before the United States Court of Federal Claims in Docket 80 A-2. The
plan for the use of the funds was submitted to Congress with a letter
dated October 20, 1994, and was received (as recorded in the
Congressional Record) by the Senate on December 1, 1994, and by the
House of Representatives on December 1, 1994. The plan became effective
March 9, 1995, as provided by the 1973 Act, as amended by Pub.L. 97-
458, since a joint resolution disapproving it was not enacted. The plan
reads as follows:
PLAN--for the Use and Distribution of the Cuyapaipe Band of Mission
Indians, et al. in Docket 80-A-2 before the United States Court of
Federal Claims
The funds appropriated October 26, 1993, in satisfaction of the
award granted in Docket 80-A-2, granted to the Cuyapaipe Band of
Mission Indians, et al. before the United States Court of Federal
Claims, less attorney fees and litigation expenses, and including all
interest and investment income accrued, shall be used and distributed
as follows.
The Secretary of the Interior (Secretary) shall divide the funds
between the six respective Mission Bands of Indians of California,
according to the settlement and judgment in Docket 80-2-A. The division
of the funds is as follows: Cuyapaipe, $257,995; Santa Rosa, $517,880;
Morongo Band, $6,066,375; Pechanga Band, $439,420; La Posta $118,330;
and San Luis Rey $100,000. Interest and investment income accrued shall
be proportionately divided in accordance with the appropriate
investments made prior to the effective date of the plan.
Cuyapaipe Band
The Cuyapaipe Band of Mission Indians share of the award in Docket
80-A-2 shall be distributed and used as follows.
Per Capita Aspect
The Secretary shall make per capita distributions in sums as equal
as possible of thirty percent (30%) of the Band's share. The membership
roll of the Cuyapaipe Band shall be brought current, pursuant to the
Band's Constitution and By-Laws, to include all band members born on or
prior to and living on the effective date of this Plan. The per capita
distributions shall be made in accordance with the wishes of the
General Council. Any remaining amount after the per capita payments
have been distributed to the members shall revert to the tribe for use
in the programming aspect of this plan.
Programming Aspect
Seventy percent (70%) of the funds allocated to the Cuyapaipe Band
shall be invested by the Cuyapaipe General Council in a permanent
investment program. Until such time as the Cuyapaipe Council presents
an investment plan to the Secretary for approval, the Secretary shall
continue to invest the funds of this aspect. Should the Council
undertake to invest the funds in the future it shall present an
investment plan to the Secretary for approval.
The investment plan will contain or be subject to the requirements
of sound investments, responsible accounting and adequate controls to
obtain maximum benefit for the Cuyapaipe Band of Mission Indians.
Upon the Secretary's approval of the investment plan, the invested
funds will be transferred to the Cuyapaipe Band at a mutually agreed
upon time. All responsibility of the United States for the judgment
funds or the investment or use of the funds so transferred shall cease
at the time the funds are transferred.
La Posta Band
The La Posta Band of Mission Indians share of the award in Docket
80-A-2 shall be distributed and used as follows.
Programming Aspect
Seventy percent (70%) of the funds allocated to the La Posta Band,
including principal, interest and investment income accrued shall be
invested by the Secretary, to be used by the tribal governing body on a
budgetary basis on programs which may include, but are not limited to:
tribal administrative costs, economic development, tribal educational
and burial fund priorities.
Tribal Investment and Dividend Aspect
Thirty percent (30%) of the funds allocated to the La Posta Band
shall be transferred to the Band to be invested by the Band in an
investment program. Until such time as the La Posta Band presents an
investment plan to the Secretary for approval, the Secretary shall
continue to invest the funds of this aspect.
The investment plan will contain or be subject to the requirements
of sound investments, responsible accounting and adequate controls to
obtain maximum benefit for the La Posta Band.
Upon the Secretary's approval of the investment plan, the invested
funds will be transferred to the La Posta Band at a mutually agreed
upon time. All responsibility of the United States for the judgment
funds or the investment or use of the funds so transferred shall cease
at the time the funds are transferred.
The principal of the investment plan will remain continually
invested until such time as the governing body of the La Posta Band
authorizes the use of the principal for tribal programs. The interest
on the principal shall be distributed by the Band in the form of
dividend payments to all eligible tribal members born on or prior to
and living on the dates such dividend payments are declared by the
tribal governing body.
Morongo Band
Per Capita Aspect
The Secretary of the Interior (Secretary) shall make a per capita
distribution of eighty percent (80%) of the Band's share of the
principal, interest, and investment income accrued, in sums as equal as
possible, pursuant to the custom and tradition practices of the Band.
The membership roll of the Morongo Band shall be brought current,
pursuant to Amended Ordinance No. 3 of the Morongo Band. Such per
capita payments shall include all eligible Band members born on or
prior to and living on the effective date of this Plan.
Any remaining amount after the per capita payments to the members
shall revert to the band for use in the programming aspect of this
plan. [[Page 31045]]
Programming
Twenty percent (20%) of the Band's share shall be invested by the
Secretary and utilized by the governing body on a budgetary basis for
purposes which may include, but not be limited to, water system
expansion, water system repairs, water system services and aquifer
recharge.
Pechanga Band
The Pechanga Band of Mission Indians share of the award in Docket
80-A-2 shall be used in the following manner.
The Band's share will be invested by the Secretary for tribal
program and investment purposes, until such time as the General Council
determines the use of the funds, through the normal administrative
process. The Band's share will be used for activities which may
include, but not be limited to: land acquisition, fire department,
cemetery burial fund, recreation and youth programs, Pechanga Creek
embankment improvements, a convalescent home for the elderly, tribal
administration and operations.
If at any future date the Pechanga Band presents an investment plan
to the Secretary for approval, the Secretary shall determine that the
investment plan contains and is subject to the requirements of sound
investments, responsible accounting and adequate controls, to obtain
maximum benefit for the Pechanga Band. Upon the Secretary's approval of
the investment plan, the invested funds will be transferred to the
Pechanga Band, at a mutually agreed upon time. All responsibility of
the United States for the judgment funds or the investment or use of
the funds so transferred shall cease at the time the funds are
transferred.
No part of these funds shall be used for a per capita payment
distribution.
Santa Rosa
The Santa Rosa Band of Mission Indians share of the award in Docket
80-A-2 shall be used in the following manner.
Investment Aspect
Twenty percent (20%) of the Band's share shall be invested by the
Secretary in a permanent investment program. The funds invested under
this aspect shall be subject to review periodically by the governing
body of the Santa Rosa Band to determine whether continued investment
is in the best interest of the tribe. The governing body shall submit a
proposal to the Secretary for use of the investment, interest and
investment income accrued.
Programming
Eighty percent (80%) of the Band's share of the funds, shall be
invested by the Secretary, to be used by the tribal governing body on a
budgetary basis for programming purposes, which may include, but are
not limited to: land acquisition, sewage facilities, fire department
needs, an alcoholism treatment fund, a youth day care center, the
tribal cemetery, and tribal recreation facilities.
San Luis Rey
The share of the award in Docket 80-A-2 made to the San Luis Rey
Band of Mission Indians shall be invested by the Secretary, until such
time as a specific plan for the use of the funds is approved by
Congress.
General Provisions
The per capita shares of living competent adults shall be paid
directly to them. The per capita shares of deceased individual
beneficiaries shall be determined and distributed in accordance with 43
CFR, part 4, subpart D. Per capita shares of legal incompetents and
minors shall be handled pursuant to 25 CFR 115.4 and 115.5, as
appropriate, as provided in the Act of October 19, 1973, 87 Stat. 466,
as amended January 12, 1983, 96 Stat. 2512.
None of the funds made available under this plan for programming or
per capita distribution 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 any per capita shares in excess of $2,000,
any Federal or federally assisted programs.
Dated: May 23, 1995.
Ada E. Deer,
Assistant Secretary - Indian Affairs.
[FR Doc. 95-14360 Filed 6-9-95; 8:45 am]
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