[Federal Register Volume 63, Number 221 (Tuesday, November 17, 1998)]
[Notices]
[Pages 63941-63942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30632]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Plan for the Use and Distribution of the Red Lake Band of 
Chippewa Indians of the Red Lake Reservation in Minnesota Indian 
Judgment Funds in Docket Nos. 189-A and 189-B Before the United States 
Court of Federal Claims

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 judgment funds awarded to the Red Lake Band of Chippewa 
Indians in Docket Nos. 189-A and 189-B is effective as of July 28, 
1998.

FOR FURTHER INFORMATION CONTACT: Daisy West, Bureau of Indian Affairs, 
Division of Tribal Government Services, MS-4631-MIB, 1849 C Street, NW, 
Washington, D.C. 20240. Telephone number: (202) 208-2475.

SUPPLEMENTARY INFORMATION: The Act of October 19, 1973, as amended (25 
U.S.C. 1401 et seq.), 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 September 27, 1997, in 
satisfaction of the award granted to the Red Lake Band of Chippewa 
Indians before the United States Court of Federal Claims in Docket Nos. 
189-A and 189-B. The plan for the use and distribution of the funds was 
submitted to Congress on May 1, 1998, by letters dated April 28, 1998. 
The receipt of the letters by the Senate and the House of 
Representatives was recorded in the Congressional Record published on 
May 5, 1998. The plan became effective on July 28, 1998, since a joint 
resolution disapproving it was not enacted. The plan reads as follows:

Plan--For the Use and Distribution of Red Lake Band of Chippewa 
Judgment Funds in Docket 189-A and 189-B in the United States Court of 
Claims

    The funds appropriated on September 27, 1997, in satisfaction of an 
award granted to the Red Lake Band of Chippewa Indians of the Red Lake 
Reservation in Minnesota in Docket 189-A and 189-B before the United 
States Court of Claims, including all interest and investment income 
accrued, less attorney fees and litigation expenses (including interest 
for amounts advanced or borrowed by the Red Lake Band), shall be 
distributed as herein provided.

A. Per Capita Distribution

    Eighty percent of the Red Lake Band of Chippewa Indians share of 
the funds remaining after expenses in this award shall be distributed 
in the form of per capita payments (in sums as equal as possible) to 
all persons who were born on or prior to and living on January 27, 
1998, and who are enrolled members of the Red Lake Band of Chippewa 
Indians.
    The per capita shares of living competent adults shall be paid 
directly to them, with the exception that the per capita shares of 
nursing home residents and incarcerated persons shall be paid into 
Individual Indian Money accounts for withdrawal upon application. The 
per capita shares of deceased individual beneficiaries shall be 
determined in accordance with 43 CFR, Subpart D. Per capita shares of 
legal incompetents and minors shall be handled as provided in

[[Page 63942]]

25 U.S.C. 1403(b)(3), except that by Order of the Red Lake Tribal 
Court, minors' funds may be withdrawn for damages, reparations or 
restitutions to victims of crime.

B. Programming

    Twenty (20) percent of the funds remaining after expenses shall be 
invested by the Secretary to be used by the Red Lake Band of Chippewa 
Indians on a budgetary basis on programs which may include but are not 
limited to: tribal administration and operations, economic development, 
community development, tribal education programs and land acquisition.

C. General Provisions

    The Secretary, in arranging for per capita payments to be made, 
shall withhold sufficient shares for individuals whose eligibility may 
be in question. Those shares shall be held in a separate interest 
bearing account pending determination of enrollment appeals. Funds not 
used to pay shares and pro rata interest to successful applicants shall 
be available for use in the programming aspect of the plan.
    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.
    This notice is published in exercise of authority delegated to the 
Assistant Secretary--Indian Affairs under 25 U.S.C. 2 and 9 and 209 DM 
8.

    Dated: November 6, 1998.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 98-30632 Filed 11-16-98; 8:45 am]
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