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 

65218 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Notices 

their per capita funds be placed in a 

non-supervised IIM account. 

4. The per capita shares of deceased 

individual beneficiaries shall be 

determined in accordance with 25 CFR 

part 15. 

5. 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. 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.

Dated: October 21, 2004. 

Michael D. Olsen, 

Acting Principal Deputy, Assistant 

Secretary—Indian Affairs.

[FR Doc. 04–25045 Filed 11–9–04; 8:45 am] 

BILLING CODE 4310–4J–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management 

[WY–920–1320–EL, WYW151643] 

Notice of Competitive Coal Lease Sale, 

Wyoming

AGENCY: Bureau of Land Management, 

Interior.

ACTION: Notice of competitive coal lease 

sale. 

SUMMARY: Notice is hereby given that 

certain coal resources in the West 

Antelope Tract described below in 

Converse County, WY, will be offered 

for competitive lease by sealed bid in 

accordance with the provisions of the 

Mineral Leasing Act of 1920, as 

amended (30 U.S.C. 181 et seq.).

DATES: The lease sale will be held at 10 

a.m., on Wednesday, December 15, 

2004. Sealed bids must be submitted on 

or before 4 p.m., on Tuesday, December 

14, 2004.

ADDRESSES: The lease sale will be held 

in the First Floor Conference Room 

(Room 107), of the Bureau of Land 

Management (BLM) Wyoming State 

Office, 5353 Yellowstone Road, P.O. 

Box 1828, Cheyenne, WY 82003. Sealed 

bids must be submitted to the Cashier, 

BLM Wyoming State Office, at the 

address given above.

FOR FURTHER INFORMATION CONTACT:

Mavis Love, Land Law Examiner, or 

Robert Janssen, Coal Coordinator, at 

307–775–6258, and 307–775–6206, 

respectively.

SUPPLEMENTARY INFORMATION: This coal 

lease sale is being held in response to 

a lease by application (LBA) filed by 

Antelope Coal Company of Gillette, WY. 

The coal resources to be offered consist 

of all reserves recoverable by surface 

mining methods in the followingdescribed lands located just south of the 

Campbell/Converse County line south 

southeast of Wright, Wyoming, in 

northern Converse County 

approximately 2 miles east of State 

Highway 59 and crossed by Antelope 

Creek:

T. 40 N., R. 71 W., 6th PM, Wyoming 

Sec. 3: Lots 15–18; 

Sec. 4: Lots 5–20; 

Sec. 5: Lots 5–7, 10–15, 19, 20; 

Sec. 9: Lot 1; 

Sec. 10: Lots 3, 4; 

T. 41 N., R. 71 W., 6th PM, Wyoming 

Sec. 28: Lots 9–16; 

Sec. 29: Lots 9–11, 14–16; 

Sec. 32: Lots 1–3, 6–11, 14–16; 

Sec. 33: Lots 1–16.

Containing 2,809.13 acres, more or less.

The tract is adjacent to Federal coal 

leases held by the Antelope Mine to the 

east. It is also adjacent to additional 

unleased Federal coal to the north, 

south and west. 

All of the acreage offered has been 

determined to be suitable for mining. 

However, Antelope Creek and an 

adjacent buffer zone are not expected to 

be mined. Other features such as 

pipelines can be moved to permit coal 

recovery. No producing oil and/or gas 

wells have been drilled on the tract. All 

of the surface estate is controlled by the 

Antelope Mine. 

The tract contains surface mineable 

coal reserves in the Wyodak seam 

currently being recovered in the 

adjacent, existing mine. In this area, the 

Wyodak seam is generally split into the 

Anderson and Canyon seams. The 

shallower Anderson seam ranges from 

about 26–34 feet thick and occurs over 

most of the LBA. It is the only mineable 

seam south of Antelope Creek. The 

deeper Canyon seam is mineable only 

north of Antelope Creek on the LBA. It 

is split on the LBA tract and ranges from 

about 12–35 feet thick for the upper 

split and from about 11–19 feet thick for 

the lower split. The overburden depths 

range from about 93–195 feet thick 

north of Antelope Creek and from about 

54–127 feet thick south of Antelope 

Creek on the LBA. The interburden 

between the Anderson and Canyon 

seams ranges from about 46–69 feet 

thick on the LBA. The interburden 

between the Canyon splits ranges from 

about 3–7 feet thick. 

The tract contains an estimated 

194,961,000 tons of mineable coal. This 

estimate of mineable reserves includes 

the two main seams and split mentioned 

above but does not include any tonnage 

from localized seams or splits 

containing less than 5 feet of coal. The 

total mineable stripping ratio (BCY/Ton) 

of the coal is about 3.0:1. Potential 

bidders for the LBA should consider the 

recovery rate expected from thick seam 

and multiple seam mining. 

The West Antelope LBA coal is 

ranked as subbituminous C. The overall 

average quality on an as-received basis 

is 8858 BTU/lb with about 0.23% sulfur 

and 1.86% sodium in the ash. These 

quality averages place the coal reserves 

near the high end of the range of coal 

quality currently being mined in the 

Wyoming portion of the Powder River 

Basin. 

The tract will be leased to the 

qualified bidder of the highest cash 

amount provided that the high bid 

meets or exceeds the BLM’s estimate of 

the fair market value of the tract. The 

minimum bid for the tract is $100 per 

acre or fraction thereof. No bid that is 

less than $100 per acre, or fraction 

thereof, will be considered. The bids 

should be sent by certified mail, return 

receipt requested, or be hand delivered. 

The Cashier will issue a receipt for each 

hand-delivered bid. Bids received after 

4 p.m., on Tuesday, December 14, 2004, 

will not be considered. The minimum 

bid is not intended to represent fair 

market value. The fair market value of 

the tract will be determined by the 

Authorized Officer after the sale. The 

lease issued as a result of this offering 

will provide for payment of an annual 

rental of $3.00 per acre, or fraction 

thereof, and of a royalty payment to the 

United States of 12.5 percent of the 

value of coal produced by strip or auger 

mining methods and 8 percent of the 

value of the coal produced by 

underground mining methods. The 

value of the coal will be determined in 

accordance with 30 CFR 206.250. 

Bidding instructions for the tract 

offered and the terms and conditions of