[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3754 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3754

 To provide funding for the settlement of lawsuits against the Federal 
      Government for discrimination against Black Farmers and the 
            mismanagement of Native American trust accounts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2010

 Mr. Barrasso introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To provide funding for the settlement of lawsuits against the Federal 
      Government for discrimination against Black Farmers and the 
            mismanagement of Native American trust accounts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pigford and Individual Indian Money 
Account Litigation Settlement Act of 2010''.

SEC. 2. PIGFORD SETTLEMENT AGREEMENT.

    (a) There is hereby appropriated to the Department of Agriculture, 
$1,150,000,000, to remain available until expended, to carry out the 
terms of a Settlement Agreement (``such Settlement Agreement'') 
executed by In re Black Farmers Discrimination Litigation, No. 08-511 
(D.D.C.) that is approved by a court order that has become final and 
nonappealable, and that is comprehensive and provides for the final 
settlement of all remaining Pigford claims (``Pigford claims''), as 
defined in section 14012(a) of Public Law 110-246. The funds 
appropriated herein for such Settlement Agreement are in addition to 
the $100,000,000 in funds of the Commodity Credit Corporation (CCC) 
that section 14012 made available for the payment of Pigford claims and 
are available only after such CCC funds have been fully obligated. The 
use of the funds appropriated herein shall be subject to the express 
terms of such Settlement Agreement. If any of the funds appropriated 
herein are not used for carrying out such Settlement Agreement, such 
funds shall be returned to the Treasury and shall not be made available 
for any purpose related to section 14012, for any other settlement 
agreement executed In re Black Farmers Discrimination Litigation, No. 
08-511 (D.D.C.), or for any other purpose. If such Settlement Agreement 
is not executed and approved as provided above, then the sole funding 
available for Pigford claims shall be the $100,000,000 of funds of the 
CCC that section 14012 made available for the payment of Pigford 
claims.
    (b) Nothing in this section shall be construed as requiring the 
United States, any of its officers or agencies, or any other party to 
enter into such Settlement Agreement or any other settlement agreement.
    (c) Nothing in this section shall be construed as creating the 
basis for a Pigford claim.
    (d) Section 14012 of the Food, Conservation, and Energy Act of 2008 
(Public Law 110-246; 122 Stat. 2209) is amended--
            (1) in subsection (c)(1)--
                    (A) by striking ``subsection (h)'' and inserting 
                ``subsection (g)''; and
                    (B) by striking ``subsection (i)'' and inserting 
                ``subsection (h)'';
            (2) by striking subsection (e);
            (3) in subsection (g), by striking ``subsection (f)'' and 
        inserting ``subsection (e)'';
            (4) in subsection (i)--
                    (A) by striking ``(i)'' and all that follows 
                through ``Of the funds'' and inserting the following:
    ``(h) Funding.--Of the funds'';
                    (B) by striking ``subsection (g)'' and inserting 
                ``subsection (f)''; and
                    (C) by striking paragraph (2);
            (5) by striking subsection (j); and
            (6) by redesignating subsections (f), (g), (h), and (k) as 
        subsections (e), (f), (g), and (i), respectively.

SEC. 3. THE INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT ACT 
              OF 2010.

    (a) Definitions.--In this Act:
            (1) Amended complaint.--The term ``Amended Complaint'' 
        means the Amended Complaint attached to the Settlement.
            (2) Land consolidation program.--The term ``Land 
        Consolidation Program'' means a program conducted in accordance 
        with the Settlement and the Indian Land Consolidation Act (25 
        U.S.C. 2201 et seq.) under which the Secretary may purchase 
        fractional interests in trust or restricted land.
            (3) Litigation.--The term ``Litigation'' means the case 
        entitled Elouise Cobell et al. v. Ken Salazar et al., United 
        States District Court, District of Columbia, Civil Action No. 
        96-1285 (JR).
            (4) Plaintiff.--The term ``Plaintiff'' means a member of 
        any class certified in the Litigation.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Settlement.--The term ``Settlement'' means the Class 
        Action Settlement Agreement dated December 7, 2009, in the 
        Litigation, as modified by the parties to the Litigation.
            (7) Side agreement on attorneys' fees, expenses, and 
        costs.--The term ``Side Agreement on Attorneys' Fees, Expenses, 
        and Costs'' means an agreement dated December 7, 2009, between 
        Class Counsel (as defined in the Settlement) and the Defendants 
        (as defined in the Settlement) relating to attorneys' fees, 
        expenses, and costs incurred by Class Counsel in connection 
        with the Litigation and implementation of the Settlement.
            (8) Trust administration class.--The term ``Trust 
        Administration Class'' means the Trust Administration Class as 
        defined in the Settlement.
    (b) Purpose.--The purpose of this section is to authorize the 
Settlement.
    (c) Authorization.--The Settlement is authorized, ratified, and 
confirmed.
    (d) Jurisdictional Provisions.--
            (1) In general.--Notwithstanding the limitation of 
        jurisdiction of district courts contained in section 1346(a)(2) 
        of title 28, United States Code, the United States District 
        Court for the District of Columbia shall have jurisdiction over 
        the claims asserted in the Amended Complaint for purposes of 
        the Settlement.
            (2) Certification of trust administration class.--
                    (A) In general.--Notwithstanding the requirements 
                of the Federal Rules of Civil Procedure, the court 
                overseeing the Litigation may certify the Trust 
                Administration Class.
                    (B) Treatment.--On certification under subparagraph 
                (A), the Trust Administration Class shall be treated as 
                a class under Federal Rule of Civil Procedure 23(b)(3) 
                for purposes of the Settlement.
    (e) Trust Land Consolidation.--
            (1) Trust land consolidation fund.--
                    (A) Establishment.--On final approval (as defined 
                in the Settlement) of the Settlement, there shall be 
                established in the Treasury of the United States a 
                fund, to be known as the ``Trust Land Consolidation 
                Fund''.
                    (B) Availability of amounts.--Amounts in the Trust 
                Land Consolidation Fund shall be made available to the 
                Secretary during the 10-year period beginning on the 
                date of final approval of the Settlement--
                            (i) to conduct the Land Consolidation 
                        Program; and
                            (ii) for other costs specified in the 
                        Settlement.
                    (C) Deposits.--
                            (i) In general.--On final approval (as 
                        defined in the Settlement) of the Settlement, 
                        the Secretary of the Treasury shall deposit in 
                        the Trust Land Consolidation Fund 
                        $2,000,000,000 of the amounts appropriated by 
                        section 1304 of title 31, United States Code.
                            (ii) Conditions met.--The conditions 
                        described in section 1304 of title 31, United 
                        States Code, shall be considered to be met for 
                        purposes of clause (i).
                    (D) Transfers.--In a manner designed to encourage 
                participation in the Land Consolidation Program, the 
                Secretary may transfer, at the discretion of the 
                Secretary, not more than $60,000,000 of amounts in the 
                Trust Land Consolidation Fund to the Indian Education 
                Scholarship Holding Fund established under paragraph 2.
            (2) Indian education scholarship holding fund.--
                    (A) Establishment.--On final approval (as defined 
                in the Settlement) of the Settlement, there shall be 
                established in the Treasury of the United States a 
                fund, to be known as the ``Indian Education Scholarship 
                Holding Fund''.
                    (B) Availability.--Notwithstanding any other 
                provision of law governing competition, public 
                notification, or Federal procurement or assistance, 
                amounts in the Indian Education Scholarship Holding 
                Fund shall be made available, without further 
                appropriation, to the Secretary to contribute to an 
                Indian Education Scholarship Fund, as described in the 
                Settlement, to provide scholarships for Native 
                Americans.
            (3) Acquisition of trust or restricted land.--The Secretary 
        may acquire, at the discretion of the Secretary and in 
        accordance with the Land Consolidation Program, any fractional 
        interest in trust or restricted land.
            (4) Treatment of unlocatable plaintiffs.--A Plaintiff the 
        whereabouts of whom are unknown and who, after reasonable 
        efforts by the Secretary, cannot be located during the 5-year 
        period beginning on the date of final approval (as defined in 
        the Settlement) of the Settlement shall be considered to have 
        accepted an offer made pursuant to the Land Consolidation 
        Program.
    (f) Taxation and Other Benefits.--
            (1) Internal revenue code.--For purposes of the Internal 
        Revenue Code of 1986, amounts received by an individual Indian 
        as a lump sum or a periodic payment pursuant to the 
        Settlement--
                    (A) shall not be included in gross income; and
                    (B) shall not be taken into consideration for 
                purposes of applying any provision of the Internal 
                Revenue Code that takes into account excludable income 
                in computing adjusted gross income or modified adjusted 
                gross income, including section 86 of that Code 
                (relating to Social Security and tier 1 railroad 
                retirement benefits).
            (2) Other benefits.--Notwithstanding any other provision of 
        law, for purposes of determining initial eligibility, ongoing 
        eligibility, or level of benefits under any Federal or 
        federally assisted program, amounts received by an individual 
        Indian as a lump sum or a periodic payment pursuant to the 
        Settlement shall not be treated for any household member, 
        during the 1-year period beginning on the date of receipt--
                    (A) as income for the month during which the 
                amounts were received; or
                    (B) as a resource.
    (g) Incentive Awards and Award of Fees, Expenses, and Costs Under 
Settlement Agreement.--
            (1) In general.--The Court shall determine the amount to 
        which the Plaintiffs in the Litigation may be entitled for 
        incentive awards and for attorneys' fees, expenses, and costs--
                    (A) in accordance with controlling law, including 
                (with respect to attorneys' fees, expenses, and costs) 
                any applicable rule of law requiring counsel to produce 
                contemporaneous time, expense, and cost records in 
                support of a motion for such time, expense, and cost 
                records; and
                    (B) giving due consideration to the special status 
                of Class Members (as defined in the Settlement) as 
                beneficiaries of a federally created and administered 
                trust.
            (2) Notice of side agreement on attorneys' fees, expenses, 
        and costs.--The description of the request of Class Counsel for 
        an amount of attorneys' fees, expenses, and costs required 
        under paragraph C.1.d. of the Settlement shall include a 
        description of all material provisions of the Side Agreement on 
        Attorneys' Fees, Expenses, and Costs.
    (h) Selection of 1 or More Qualifying Banks.--The Court, in 
exercising the discretion of the Court to approve the selection of any 
proposed Qualifying Bank (as defined in the Settlement) under paragraph 
A.1. of the Settlement, may consider any factors or circumstances 
regarding the proposed Qualifying Bank that the Court determines to be 
appropriate to protect the rights and interests of Class Members (as 
defined in the Settlement) in the funds to be deposited in the 
Settlement Account (as defined in the Settlement).
    (i) Trust Land Consolidation Fund.--
            (1) Consultation.--In implementing paragraph F. of the 
        Settlement, the Secretary shall consult with federally 
        recognized Indian tribes with respect to--
                    (A) prioritizing and selecting tracts of land for 
                consolidation of fractionated interests; and
                    (B) otherwise implementing the Settlement with 
                regard to consolidation of fractionated interests under 
                the Settlement.
            (2) Contracting and compacting.--Notwithstanding any 
        provision of the Indian Land Consolidation Act (25 U.S.C. 2201 
        et seq.), the Secretary shall implement paragraph F. of the 
        Settlement through contracts or compacts under titles I and IV 
        of the Indian Self-Determination and Education Assistance Act 
        (25 U.S.C. 450 et seq.).
    (j) Trust Administration Class Adjustments.--
            (1) In general.--In addition to any amounts deducted from 
        the Accounting/Trust Administration Fund under paragraph 
        E.4.b.2. of the Settlement, the Court shall require the Claims 
        Administrator (as defined in the Settlement) to set aside, from 
        the funds paid into the Accounting/Trust Administration Fund 
        (as defined in the Settlement) pursuant to paragraph E.2.a. of 
        the Settlement, $50,000,000 for making equitable adjustments to 
        the payments to members of the Trust Administration Class
            (2) Purpose of adjustments.--The purpose of the adjustments 
        under this subsection is to provide additional compensation to 
        any member of the Trust Administration Class who demonstrates 
        that the pro rata formula calculated under paragraph E.4.b.(3) 
        of the Settlement does not provide fair compensation to such 
        member of that class.
            (3) Procedures.--Except as provided in paragraph (5), the 
        procedures, manner, sufficiency of proof, and other 
        requirements for members of the Trust Administration Class to 
        receive adjustments under this subsection shall be established 
        by, and be within the discretion of, the Court.
            (4) Amount of adjustments.--Whether a requested adjustment 
        under this subsection should be made and the amount of any such 
        adjustment shall be within the discretion of the Court and not 
        subject to appeal.
            (5) Timing of adjustments.--Any adjustment payments 
        authorized under this subsection shall be distributed after 
        payments have been made to class members under paragraphs E.3. 
        and 4. of the Settlement.
            (6) Remaining funds.--Any funds remaining in the amount set 
        aside under paragraph (1) after completing the payments of 
        equitable adjustments under this subsection shall be 
        distributed to all members of the Trust Administration Class in 
        accordance with the pro rata percentages calculated for the 
        members of that class under paragraph E.4.b.(3) of the 
        Settlement.
            (7) Special master.--
                    (A) In general.--At the discretion of the Court, 
                the determination of the amount of equitable 
                adjustments under this subsection may be made by the 
                special master appointed under the Settlement.
                    (B) Review and approval.--Any adjustments made by 
                the special master under subparagraph (A) shall be 
                subject to the review of the Court.
    (k) Appointees to Special Board of Trustees.--The 2 members of the 
special board of trustees to be selected by the Secretary under 
paragraph G.3. of the Settlement shall be selected only after 
consultation with, and after considering the names of possible 
candidates offered by, federally recognized Indian tribes.

SEC. 4. USE OF STIMULUS FUNDS TO OFFSET SPENDING.

    (a) In General.--The unobligated balance of each amount 
appropriated or made available under the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 115) (other than 
under title X of division A of that Act) is rescinded, on a pro rata 
basis, by an aggregate amount that equals the amounts necessary to 
offset any net increase in spending or foregone revenues resulting from 
this Act and the amendments made by this Act.
    (b) Report.--The Director of the Office of Management and Budget 
shall submit to each congressional committee the amounts rescinded 
under subsection (a) that are within the jurisdiction of the committee.
                                 <all>