Plan for the Use and Distribution of the Red Lake Band of Chippewa Indians of the Red Lake Reservation in Minnesota Indian Judgment Funds in Docket Nos. 189-A and 189-B Before the United States Court of Federal Claims

The Act of October 19, 1973, as amended (25 U.S.C. 1401 et seq.), 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 September 27, 1997, in satisfaction of the award granted to the Red Lake Band of Chippewa Indians before the United States Court of Federal Claims in Docket Nos. 189-A and 189-B. The plan for the use and distribution of the funds was submitted to Congress on May 1, 1998, by letters dated April 28, 1998. The receipt of the letters by the Senate and the House of Representatives was recorded in the Congressional Record published on May 5, 1998. The plan became effective on July 28, 1998, since a joint resolution disapproving it was not enacted. The plan reads as follows:

Plan--For the Use and Distribution of Red Lake Band of Chippewa Judgment Funds in Docket 189-A and 189-B in the United States Court of Claims

The funds appropriated on September 27, 1997, in satisfaction of an award granted to the Red Lake Band of Chippewa Indians of the Red Lake Reservation in Minnesota in Docket 189-A and 189-B before the United States Court of Claims, including all interest and investment income accrued, less attorney fees and litigation expenses (including interest for amounts advanced or borrowed by the Red Lake Band), shall be distributed as herein provided.

A. Per Capita Distribution

Eighty percent of the Red Lake Band of Chippewa Indians share of the funds remaining after expenses in this award shall be distributed in the form of per capita payments (in sums as equal as possible) to all persons who were born on or prior to and living on January 27, 1998, and who are enrolled members of the Red Lake Band of Chippewa Indians. The per capita shares of living competent adults shall be paid directly to them, with the exception that the per capita shares of nursing home residents and incarcerated persons shall be paid into Individual Indian Money accounts for withdrawal upon application. The per capita shares of deceased individual beneficiaries shall be determined in accordance with 43 CFR, Subpart D. Per capita shares of legal incompetents and minors shall be handled as provided in

25 U.S.C. 1403(b)(3), except that by Order of the Red Lake Tribal Court, minors' funds may be withdrawn for damages, reparations or restitutions to victims of crime.

B. Programming

Twenty (20) percent of the funds remaining after expenses shall be invested by the Secretary to be used by the Red Lake Band of Chippewa Indians on a budgetary basis on programs which may include but are not limited to: tribal administration and operations, economic development, community development, tribal education programs and land acquisition.

C. General Provisions

The Secretary, in arranging for per capita payments to be made, shall withhold sufficient shares for individuals whose eligibility may be in question. Those shares shall be held in a separate interest bearing account pending determination of enrollment appeals. Funds not used to pay shares and pro rata interest to successful applicants shall be available for use in the programming aspect of the 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. This notice is published in exercise of authority delegated to the Assistant Secretary--Indian Affairs under 25 U.S.C. 2 and 9 and 209 DM 8.

Dated: November 6, 1998. Kevin Gover, Assistant Secretary--Indian Affairs. [FR Doc. 98-30632 Filed 11-16-98; 8:45 am] BILLING CODE 4310-02-P