Notice of Publication of Final Share Percentage Schedule: Ramah Navajo Chapterv.Bruce Babbitt

AGENCY:

Bureau of Indian Affairs, Interior.

ACTION:

Notice.

SUMMARY:

This notice publishes the “Final Share Percentage Schedule” for the Class in Ramah Navajo Chapter, et al. v. Bruce Babbitt, et al., as required by paragraphs 11 and 12 of Appendix D of the Partial Settlement Agreement (PSA) previously approved by the Court in this case for the years 1989-1993.

FOR FURTHER INFORMATION CONTACT:

Michael P. Gross, Class Counsel, 460 St. Michael's Drive, #300, Santa Fe, NM 87505-7602; (505) 983-6686; FAX (505) 986-1367; or C. Bryant Rogers, Co-Counsel, Roth, VanAmberg, Rogers, Ortiz, Fairbanks & Yepa LLP, 347 East Palace Avenue, Post Office Box 1447, Santa Fe, NM 87504-1447; (505) 988-8979; FAX (505) 983-7508.

SUPPLEMENTARY INFORMATION:

This notice is published in exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs in Part 290, Chapter 8, of the Departmental Manual.

The notice of “Final Share Percentage Schedule” in Ramah Navajo Chapter, and Oglala Sioux Tribe, for themselves and on behalf of a Class of persons similarly situated v. Bruce Babbitt, Secretary of the Interior; Kevin Gover, Assistant Secretary of the Interior; Robert J. Williams, Acting Inspector General, U.S. Department of the Interior; and the United States of America [No. CIV 90-0957 LH/WWD], before the United States District Court for the District of New Mexico, reads as follows:

Notice of Publication of Final Share Percentage Schedule

This Notice publishes the “Final Share Percentage Schedule” for the Class in Ramah Navajo Chapter, et al. v. Bruce Babbitt, et al., as required by paragraphs 11 and 12 of Appendix D of the Partial Settlement Agreement (PSA) previously approved by the Court in this case for the years 1989-1993.

The “Final Share Percentage Schedule” appended hereto as Exhibit A sets out each Class Member's percentage share of the partial settlement amount separately stated for each of the five settlement years for all class members reflected in the “Amended Final List of Class Members” prepared per paragraph 8(c) of Appendix D of the PSA and filed on October 2, 2000. The methodology and computations used by the Independent CPA in preparing this schedule were independently reviewed and verified by Kenton Keckler, P.C., CPAs & Consultants, 1850 Calle Medico, Suite K, Santa Fe, NM 87505, the Court Approved Class Monitor. The draft schedule was also made available to Class Counsel and Defendants' counsel for review prior to finalization per paragraphs 11 and 12 of Appendix D of the PSA. A Stipulation of Counsel was subsequently filed shortening all review and objection periods for Class Counsel and Defendants' Counsel as regards the Final Share Percentage Schedule under paragraphs 11 and 12 of Appendix D of the PSA to expedite the initial distribution to Class Members.

The appended “Final Share Percentage Schedule” contains the following information for each Class Member as required by paragraph 11 of Appendix D of the PSA stated separately for each of the five settlement years:

(a) Name of Class Member;

(b) Other-federal-agency-funding amount separately stated for each settlement year;

(c) The sum of all Class Member's other-federal-agency-funding separately stated for each settlement year; and

(d) Each Class Member's share percentage based on the formula set forth in paragraph 2 of Appendix D.

The dollar amount shown in Column C of the Appended Schedule does not show the amount of money Class Members will receive. That dollar amount merely shows the net other federal agencies funding amount calculated by the Independent CPA for each Class Member for each settlement year based on the audit data obtained for each Class Member. That data was then used to calculate the share percentages shown in Column D.

This notice and the appended Schedule have been mailed to each Class Member on or about the same date as this Federal Register publication. Each Class Member was also mailed a more detailed statement of the computation carried out in calculating their particular share percentage for each year. That more detailed statement includes for each settlement year a separate (1) statement of the total amount of funds shown in each Class Member's Schedule of Federal Financial Assistance; (2) the total of BIA funds removed from that schedule; (3) the total of IHS funds removed from that schedule; (4) the total of other federal agency construction funds removed from the schedule (such construction funds are not properly includable in indirect cost bases per OMB Circular A-87, hence did not contribute to the damages caused by the methodological defect for which damages were recovered in this case under the PSA); and (5) the total of other adjustments, e.g., to remove from the Schedule of Federal Financial Assistance any non-federal funds inadvertently listed there by a Class Member's auditors that were not “Other Federal Agency Funds.” Audited amounts were prorated for periods covering in excess of 12 months to a standard 12 month period.

Because those detailed computation sheets include information confidential to each Class Member, Class Members will only be permitted access to their own detailed computation sheet.

Under paragraphs 12 and 13 of Appendix D of the PSA, a Class Member may object to its own share percentages as stated on the appended final share percentage schedule only on one or more of the following grounds for one or more of the settlement years:

(a) The accuracy of the “other-federal-agency” funding number listed on the schedule;

(b) The Class member was incorrectly omitted from the Schedule; or

(c) A mathematical or typographical error in the calculation of that Class Member's share percentage as shown on the schedule.

Tribal entities which did not appear on the “Amended Final List of Class Members” filed on October 2, 2000 per paragraph 8(c) of Appendix D of the PSA are no longer Class Members for purposes of the PSA, will not appear on the appended schedule and have no further rights under the PSA. Other than combination of a few Class members, the “Amended Final List of Class Members” filed for record on October 2, 2000, consists of the same Class members as included on the “Final List of Class Members” filed on July 13, 2000, and served on the “short list” of Class members on that same date, per the “Notice of Final List of Class Members for Distribution of Partial Settlement and Final Insufficient Data List.” That “short list” had previously been mailed to 1,185 provisional Class members per “Class Distribution Notice #2” on May 25, 2000.

All Class Members' objections to their final share percentages must be filed with the Clerk of the Court and served upon Class Counsel and Defendants' Counsel within 30 days of the date of publication of this Federal Register publication notice.

Under paragraph 13 of Appendix D of the PSA:

Class Member's objections must include a sworn certificate of the basis for the objection, state what other-federal-agency dollar amount or what percentage the objector claims should be entered on the schedule if the objection were sustained, and must attach documentary verification of the basis for the objection. Objections which do not comply with this provision will be disregarded. Affidavits challenging the accuracy of Class Member's “other-federal-agency” funding number in the schedule without supporting documentary evidence will not be sufficient.

Paragraph 14 of Appendix D of the PSA sets out the procedure for resolving any Class Member's objections to its own final share percentages.

Once the deadlines for objections has passed without objections, or, if any objections are filed, once they are resolved, a final schedule setting out in dollars each Class Member's share of the net common fund amount will be prepared, submitted for final Court approval and published per paragraph 15 of Appendix D of the PSA. Checks to pay-out each Class Member's share will then be mailed per paragraph 16 of Appendix D of the PSA, after final Court approval.

Under paragraphs 17-19 of Appendix D of the PSA, there will be a later distribution of the balance of the Reserve Account after all expenses of distribution are paid. The Reserve Account includes all interest earning on the net common fund amount.

Any questions regarding this notice and individual share percentage calculations should be directed to the Independent CPA: REDW, LLC, Ramah Navajo Chapter—Settlement Administrator, Post Office Box 93659, Albuquerque, NM 87199-3659; 1(888) 726-9418; www.rncsettlement.com

Class members who have questions about the computation of their share percentages are encouraged to contact the Independent CPA for clarification before deciding whether to file an objection.

Under paragraphs 15 and 16 of Appendix D of the PSA, if any objections result in an increase in any class members share percentage for any year this will cause in a proportional decrease in all other class members' final share percentages for the year in which such change is approved by the Court. However, no changes in the underlying data used to calculate class members' share percentages will result from any objection by another class member. Under paragraphs 15 and 16 of Appendix D of the PSA, adjusted final share percentages which result from any prevailing objections will then be used for the distribution without further notice to the class subject to prior approval of the Court.

This Notice has been issued by Class Counsel pursuant to paragraph 12 of Appendix D of the PSA.