[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Notices]
[Pages 9250-9251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4119]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Plan for the Use and Distribution of the Confederated Tribes of
the Warm Springs Reservation of Oregon Judgment Funds in Docket 02-126L
Before the United States Federal Court of 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 the judgment funds awarded to the Confederated Tribes
of the Warm Springs Reservation of Oregon v. U.S., Docket No. 02-261L,
is effective as of December 18, 2009. The judgment funds were awarded
by the United States Court of Federal Claims on January 16, 2009. The
Tribal Council of the
[[Page 9251]]
Confederated Tribes of the Warm Springs Reservation of Oregon enacted
Tribal Resolution No. 10,997, on January 22, 2009, to accept the Tribal
Use and Distribution Plan providing for the disposition of the
settlement funds. Funds were appropriated on March 5, 2009.
FOR FURTHER INFORMATION CONTACT: Iris A. Drew, Bureau of Indian
Affairs, Division of Tribal Government Services, 1001 Indian School
Road, NW., Albuquerque, New Mexico 87104. Telephone number: (505) 563-
3530.
SUPPLEMENTARY INFORMATION: On September 1, 2009, the plan for the use
and distribution of the funds was submitted to Congress pursuant to 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 September 30, 2009, and September 8, 2009,
respectively. The plan became effective on December 18, 2009, because a
joint resolution disapproving it was not enacted. The plan reads as
follows:
Plan
For the Use and Distribution of the Confederated Tribes of the Warm
Springs Reservation of Oregon Judgment Funds in Docket No. 02-126L
The funds appropriated in satisfaction of the Settlement Agreement
executed by the Confederated Tribes of the Warm Springs Reservation of
Oregon and the United States Government in Docket No. 02-126L shall be
used and distributed in accord with the terms of the Settlement
Agreement. The settlement funds total Sixty-Eight Million Dollars
($68,000,000.00). The terms of the Settlement Agreement specifying the
use and distribution of the settlement funds are reflected below.
Tribal Programming
A. Thirty-two Million Dollars ($32,000,000) of the settlement
funds, as well as all income from the investment, shall be by the Tribe
in its sole discretion for tribal operations and purposes (Settlement
Agreement, paragraph 3.A.).
B. Twenty-nine Million Dollars ($29,000,000) of the settlement
funds, as well as all income from the investment, shall be used to fund
the implementation of the Strategic Restoration Plan for the Natural
Resources on the Warm Springs Reservation (Settlement Agreement,
paragraph 3.B. and Exhibit B).
C. Six Million Dollars ($6,000,000) of the settlement funds, as
well as all income from the investment, shall be used by the Tribe to
pay for a baseline assessment of the current conditions of the Tribe's
natural resources on its Reservation, (which shall include the forest,
range, roads, watersheds, and cultural resources) and/or to reimburse
the Tribe for attorneys fees and costs and expert fees and costs
incurred by the Tribe (Settlement Agreement, paragraphs 3.C. and 6).
D. Seven Hundred and Fifty Thousand Dollars ($750,000), as well as
all income from the investment of such amount, shall be released to the
Tribe for its sole discretion upon the Tribe's submission to the
Interior Department, pursuant to 25 CFR 1000.17, 1000.20, 100.23
(2008), of a complete application that seeks self-governance over all
of the forestry and natural resource management programs relating to
the Tribe's On-Reservation Non-Monetary Trust Assets (Settlement
Agreement, paragraph 3.D.).
E. Two Hundred and Fifty Thousand Dollars ($250,000), as well as
all income from the investment of such amount, shall be released to the
Tribe for use as it decided at its sole discretion, upon the execution
by the Tribe and the Interior Department of mutually acceptable annual
funding agreement relating to the Self-governance responsibilities
described in D. of the Settlement Agreement. If the Tribe and the
Interior fail to execute a mutually acceptable annual funding agreement
within twenty-four (24) months of the date of the Tribe's submission of
its application, as set forth in Paragraph 3.D. of the Settlement
Agreement, One Hundred and Twenty-Five Thousand Dollars ($125,000), as
well as all income from the investment of such amount, shall be
released to the Tribe for use at its sole discretion (Settlement
Agreement, paragraph 3.E.).
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: February 19, 2010.
George T. Skibine,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2010-4119 Filed 2-26-10; 8:45 am]
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