65216 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Notices 

you must state this prominently at the 

beginning of your written comment. 

Such requests will be honored to the 

extent allowed by law. We will not, 

however, consider anonymous 

comments. All submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, will be 

made available for public inspection in 

their entirety. 

Authority 

This notice is published in 

accordance with section 1503.1 of the 

Council on Environmental Quality 

Regulations (40 CFR Parts 1500 through 

1508) implementing the procedural 

requirements of the National 

Environmental Policy Act of 1969, as 

amended (42 U.S.C. 4321 et seq.), and 

the Department of the Interior Manual 

(516 DM 1–6), and is in the exercise of 

authority delegated to the Assistant 

Secretary—Indian Affairs by 209 DM 8.

Dated: May 3, 2004. 

David W. Anderson, 

Assistant Secretary—Indian Affairs.

[FR Doc. 04–24988 Filed 11–9–04; 8:45 am] 

BILLING CODE 4310–W7–P

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 

Equipment .............................. 126,000 

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

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.

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: 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Notices 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.

(percent) 

(A) Tribal Store Business Operations Improvement (est. $1,022,000) ................................................................................................... 34.07 

(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 loans related to capital projects for the new Mescalero Apache Tribe 

school, Nursing Home/Dialysis Center and other capital projects which require financing ......................................................... 15.93 

(2) Funding amounts for the Mescalero Apache Tribe Defined Benefit Pension Plan ................................................................... 33.33 

(3) Self-Funded Health Plan Benefit Payments ............................................................................................................................... 16.67 

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] 

BILLING CODE 4310–4J–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs 

Plan for the Use and Distribution of 

Pueblo of Isleta Judgment Funds in 

Docket No. 98–166L

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 

Pueblo of Isleta (Pueblo) in Docket No. 

98–166L is effective as of March 20, 

2004. The judgment fund was awarded 

by the United States Court of Federal 

Claims on January 7, 2002, and 

appropriated on March 19, 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 5, 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 

December 8, 2003, and January 20, 2004, 

respectively. The plan became effective 

on March 20, 2004, because a joint 

resolution disapproving it was not 

enacted. The plan reads as follows: 

Plan 

For the Use and Distribution of Pueblo 

of Isleta Judgment Funds in Docket No. 

98–166L 

The funds appropriated on March 19, 

2002, in satisfaction of an award granted 

to the Pueblo of Isleta (Pueblo) in 

Docket 98–166L before the United States 

Court of Federal Claims, less attorney 

fees and litigation expenses, and 

including all interest and investment 

income accrued on the award net of fees 

and expenses fees and expenses (the 

‘‘available funds’’), shall be distributed 

as herein provided. 

A. Per Capita Distribution. 

One hundred (100%) percent of the 

available funds shall be distributed in 

the form of per capita payments in 

amounts as equal as practicable to all 

enrolled members of the Pueblo who are 

living on the date this plan becomes 

effective. 

1. The Tribal Council shall prepare 

and certify to the Bureau of Indian 

Affairs a list of such persons eligible to 

participate in said per capita payments. 

2. The per capita shares of living 

competent adults shall be paid directly 

to them. 

3. The per capita shares of 

incarcerated members who are eligible 

for the per capita payment shall be 

either—

(a) Delivered to the incarcerated 

member or a designated representative 

at an address directed and authorized by 

the incarcerated member in writing; or 

(b) Placed in Individual Indian Money 

(IIM) accounts, provided that the Pueblo 

provides a certified list of those 

individuals to the Bureau of Indian 

Affairs along with the written requests 

from those individuals requesting that