[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]


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

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.

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

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]
BILLING CODE 4310-4J-P