[Federal Register Volume 69, Number 217 (Wednesday, November 10, 2004)]
[Notices]
[Pages 65216-65217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25046]


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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]
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