[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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