[Federal Register Volume 69, Number 217 (Wednesday, November 10, 2004)]
[Notices]
[Page 65216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25047]


-----------------------------------------------------------------------

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]
BILLING CODE 4310-4J-P