[Federal Register Volume 59, Number 77 (Thursday, April 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9586]
[[Page Unknown]]
[Federal Register: April 21, 1994]
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Part II
Department of the Interior
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Bureau of Indian Affairs
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Plan for the Use of the Walker River Paiute Tribe Indian Judgment
Funds; Notice
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Plan for the Use of the Walker River Paiute Tribe Indian Judgment
Funds in Docket No. 87-A (Grazing and Fiscal Claims) Before the United
States Court of Federal Claims
April 8, 1994.
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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EFFECTIVE DATE: This plan was effective as of March 9, 1994.
FOR FURTHER INFORMATION CONTACT: Terry Lamb, Historian, Bureau of
Indian Affairs, Division of Tribal Government Services, MS 2611-MIB,
1849 C Street, NW., Washington, DC 20240.
SUPPLEMENTARY INFORMATION: The Act of October 19, 1973 (Pub. L. 93-134,
87 Stat. 466), as amended, 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 December 16,
1992 in satisfaction of the award granted to the Walker River Paiute
Tribe before the United States Court of Federal Claims in Docket 87-A
(Grazing and Fiscal Claims). The plan for the use of the funds was
submitted to Congress with a letter dated October 5, 1993 and was
received (as recorded in the Congressional Record) by the Senate on
October 18, 1993 and by the House of Representatives on October 13,
1993. The plan became effective March 9, 1994 as provided by the 1973
Act, as amended by Pub. L. 97-458, since a joint resolution
disapproving it was not enacted. The plan reads as follows:
For the Use and Distribution of Judgment Funds Awarded to the Walker
River Paiute Indian Tribe in Docket 87-A (Grazing and Fiscal Claims)
before the United States Court of Federal Claims
The funds appropriated on December 16, 1992 in satisfaction of the
award granted in Docket 87-A (Grazing and Fiscal Claims), granted to
the Walker River Paiute Tribe before the United States Court of Federal
Claims, less attorney fees and litigation expenses, and including all
interest and investment income accrued, shall be used and distributed
as follows:
Per Capita Aspect
Seventy (70) percent of the funds shall be distributed in the form
of per capita payments by the Secretary of the Interior (hereinafter
the ``Secretary'') in sums as equal as possible to all tribal members
born on or prior to and living on the effective date of this plan,
except that individuals who have received per capita payments or
dividend payments from any other federally recognized tribe or tribes,
by virtue of tribal membership, shall not be eligible to participate in
the per capita payment aspect of this plan.
The tribal governing body shall establish, with the approval of the
Secretary, procedures and a deadline for the filing of applications for
tribal enrollment. Such deadline shall not be established on a
Saturday, Sunday or legal holiday.
Programming Aspect
Thirty (30) percent of the funds, and any amounts remaining from
the per capita payments provided above, shall be invested by the
Secretary, and the principal, interest, and investment income accrued
shall be available on a budgetary basis to the tribal governing body,
subject to the approval of the Secretary, to be used for tribal
educational priorities, specifically for the construction and operation
of a school on the Walker River Indian Reservation.
General Provisions
The per capita shares of living, competent adults shall be paid
directly to them. The per capita shares of deceased individual
beneficiaries shall be determined and distributed in accordance with 43
CFR, part 4, subpart D. Per capita shares of legal incompetents and
minors shall be handled as provided in the Act of October 19, 1973, 87
Stat. 466, as amended January 12, 1983, 96 Stat. 2512.
The Secretary, in arranging for the per capita payments to be made,
shall withhold sufficient shares for individuals, whose eligibility may
be in question. Those shares shall be held at interest in separate
Individual Indian Money (IIM) accounts, pending determination of an
individual's enrollment appeal. The amount of any shares not used to
pay successful appellants shall be available for use in the programming
aspect of this 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.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-9586 Filed 4-20-94; 8:45 am]
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