CLAIMS RESOLUTION ACT OF 2010 - Congress
PUBLIC LAW 111–291—DEC. 8, 2010dkrause on GSDDPC29PROD with PUBLIC LAWSCLAIMS RESOLUTION ACT OF 2010VerDate Nov 24 200815:14 Dec 14, 2010Jkt 099139PO 00291Frm 00001Fmt 6579Sfmt 6579E:\PUBLAW\PUBL291.111APPS06PsN: PUBL291
124 STAT. 3064PUBLIC LAW 111–291—DEC. 8, 2010Public Law 111–291111th CongressAn ActDec. 8, 2010[H.R. 4783]ClaimsResolution Actof 2010.42 USC 1305note.This Act may be cited as ‘‘The Claims Resettlement Act of 2010.’’.Be it enacted by the Senate and House of Representatives ofthe United States of America in Congress assembled,SECTION 1. SHORT TITLE; TABLE OF CONTENTS.(a) SHORT TITLE.—This Act may be cited as the ‘‘Claims Resolution Act of 2010’’.(b) TABLE OF CONTENTS.—The table of contents of this Actis as follows:Sec. 1. Short title; table of contents.TITLE I—INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENTSec. 101. Individual Indian Money Account Litigation Settlement.TITLE II—FINAL SETTLEMENT OF CLAIMS FROM IN RE BLACK FARMERSDISCRIMINATION LITIGATIONSec. 201. Appropriation of funds for final settlement of claims from In re BlackFarmers Discrimination Litigation.dkrause on GSDDPC29PROD with PUBLIC LAWSTITLE III—WHITE MOUNTAIN APACHE TRIBE WATER RIGHTSQUANTIFICATIONVerDate Nov 24 200815:14 Dec 14, 311.312.313.314.Short title.Purposes.Definitions.Approval of Agreement.Water rights.Contract.Authorization of WMAT rural water system.Satisfaction of claims.Waivers and releases of claims.White Mountain Apache Tribe Water Rights Settlement Subaccount.Miscellaneous provisions.Funding.Antideficiency.Compliance with environmental .412.413.TITLE IV—CROW TRIBE WATER RIGHTS SETTLEMENTShort title.Purposes.Definitions.Ratification of Compact.Rehabilitation and improvement of Crow Irrigation Project.Design and construction of MR&I System.Tribal water rights.Storage allocation from Bighorn Lake.Satisfaction of claims.Waivers and releases of claims.Crow Settlement Fund.Yellowtail Dam, Montana.Miscellaneous provisions.Jkt 099139PO 00291Frm 00002Fmt 6580Sfmt 6582E:\PUBLAW\PUBL291.111APPS06PsN: PUBL291
PUBLIC LAW 111–291—DEC. 8, 2010124 STAT. 3065Sec. 414. Funding.Sec. 415. Repeal on failure to meet enforceability date.Sec. 416. Antideficiency.TITLE V—TAOS PUEBLO INDIAN WATER 1.512.513.Short title.Purposes.Definitions.Pueblo rights.Taos Pueblo Water Development Fund.Marketing.Mutual-Benefit Projects.San Juan-Chama Project contracts.Authorizations, ratifications, confirmations, and conditions precedent.Waivers and releases of claims.Interpretation and enforcement.Disclaimer.Antideficiency.TITLE VI—AAMODT LITIGATION SETTLEMENTSec. 601. Short title.Sec. 602. Definitions.Subtitle A—Pojoaque Basin Regional Water 615.616.617.Authorization of Regional Water System.Operating Agreement.Acquisition of Pueblo water supply for Regional Water System.Delivery and allocation of Regional Water System capacity and water.Aamodt Settlement Pueblos’ Fund.Environmental .623.624.625.626.Settlement Agreement and contract approval.Environmental compliance.Conditions precedent and enforcement date.Waivers and releases of claims.Effect.Antideficiency.Subtitle B—Pojoaque Basin Indian Water Rights SettlementTITLE VII—RECLAMATION WATER SETTLEMENTS FUNDSec. 701. Mandatory appropriation.TITLE VIII—GENERAL PROVISIONSSubtitle A—Unemployment Compensation Program IntegritySec. 801. Collection of past-due, legally enforceable State debts.Sec. 802. Reporting of first day of earnings to directory of new hires.Subtitle B—TANFSec. 811. Extension of the Temporary Assistance for Needy Families program.Sec. 812. Modifications to TANF data reporting.Subtitle C—Customs User Fees; Continued Dumping and Subsidy OffsetSec. 821. Customs user fees.Sec. 822. Limitation on distributions relating to repeal of continued dumping andsubsidy offset.Subtitle D—Emergency Fund for Indian Safety and HealthSec. 831. Emergency Fund for Indian Safety and Health.Subtitle E—Rescission of Funds From WIC Programdkrause on GSDDPC29PROD with PUBLIC LAWSSec. 841. Rescission of funds from WIC program.Subtitle F—Budgetary EffectsSec. 851. Budgetary effects.VerDate Nov 24 200815:14 Dec 14, 2010Jkt 099139PO 00291Frm 00003Fmt 6580Sfmt 6581E:\PUBLAW\PUBL291.111APPS06PsN: PUBL291
124 STAT. 3066PUBLIC LAW 111–291—DEC. 8, 2010TITLE I—INDIVIDUAL INDIAN MONEYACCOUNT LITIGATION SETTLEMENTdkrause on GSDDPC29PROD with PUBLIC LAWSSEC. 101. INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT.(a) DEFINITIONS.—In this section:(1) AGREEMENT ON ATTORNEYS’ FEES, EXPENSES, ANDCOSTS.—The term ‘‘Agreement on Attorneys’ Fees, Expenses,and Costs’’ means the agreement dated December 7, 2009,between Class Counsel (as defined in the Settlement) and theDefendants (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,as modified by the parties to the Litigation.(2) AMENDED COMPLAINT.—The term ‘‘Amended Complaint’’means the Amended Complaint attached to the Settlement.(3) FINAL APPROVAL.—The term ‘‘final approval’’ has themeaning given the term in the Settlement.(4) LAND CONSOLIDATION PROGRAM.—The term ‘‘LandConsolidation Program’’ means a program conducted in accordance with the Settlement, the Indian Land Consolidation Act(25 U.S.C. 2201 et seq.), and subsection (e)(2) under whichthe Secretary may purchase fractional interests in trust orrestricted land.(5) LITIGATION.—The term ‘‘Litigation’’ means the case entitled Elouise Cobell et al. v. Ken Salazar et al., United StatesDistrict Court, District of Columbia, Civil Action No. 96–1285(TFH).(6) PLAINTIFF.—The term ‘‘Plaintiff’’ means a member ofany class certified in the Litigation.(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretaryof the Interior.(8) SETTLEMENT.—The term ‘‘Settlement’’ means the ClassAction Settlement Agreement dated December 7, 2009, in theLitigation, as modified by the parties to the Litigation.(9) TRUST ADMINISTRATION ADJUSTMENT FUND.—The term‘‘Trust Administration Adjustment Fund’’ means the 100,000,000 deposited in the Settlement Account (as definedin the Settlement) pursuant to subsection (j)(1) for use inmaking the adjustments authorized by that subsection.(10) TRUST ADMINISTRATION CLASS.—The term ‘‘TrustAdministration Class’’ means the Trust Administration Classas defined in the Settlement.(b) PURPOSE.—The purpose of this section is to authorize theSettlement.(c) AUTHORIZATION.—(1) IN GENERAL.—The Settlement is authorized, ratified,and confirmed.(2) AMENDMENTS.—Any amendment to the Settlement isauthorized, ratified, and confirmed, to the extent that suchamendment is executed to make the Settlement consistent withthis section.(d) JURISDICTIONAL PROVISIONS.—(1) IN GENERAL.—Notwithstanding the limitation on thejurisdiction of the district courts of the United States in section1346(a)(2) of title 28, United States Code, the United StatesVerDate Nov 24 200815:14 Dec 14, 2010Jkt 099139PO 00291Frm 00004Fmt 6580Sfmt 6581E:\PUBLAW\PUBL291.111APPS06PsN: PUBL291
dkrause on GSDDPC29PROD with PUBLIC LAWSPUBLIC LAW 111–291—DEC. 8, 2010124 STAT. 3067District Court for the District of Columbia shall have jurisdiction of the claims asserted in the Amended Complaint forpurposes of the Settlement.(2) CERTIFICATION OF TRUST ADMINISTRATION CLASS.—(A) IN GENERAL.—Notwithstanding the requirementsof the Federal Rules of Civil Procedure, the court in theLitigation may certify the Trust Administration Class.(B) TREATMENT.—On certification under subparagraph(A), the Trust Administration Class shall be treated asa class certified under rule 23(b)(3) of the Federal Rulesof Civil Procedure for purposes of the Settlement.(e) TRUST LAND CONSOLIDATION.—(1) TRUST LAND CONSOLIDATION FUND.—(A) ESTABLISHMENT.—On final approval of the Settlement, there shall be established in the Treasury of theUnited States a fund, to be known as the ‘‘Trust LandConsolidation Fund’’.(B) AVAILABILITY OF AMOUNTS.—Amounts in the TrustLand Consolidation Fund shall be made available to theSecretary during the 10-year period beginning on the dateof 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 of the Settlement, the Secretary of the Treasury shall deposit inthe Trust Land Consolidation Fund 1,900,000,000 outof the amounts appropriated to pay final judgments,awards, and compromise settlements under section1304 of title 31, United States Code.(ii) CONDITIONS MET.—The conditions described insection 1304 of title 31, United States Code, shallbe deemed to be met for purposes of clause (i).(D) TRANSFERS.—In a manner designed to encourageparticipation 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 LandConsolidation Fund to the Indian Education ScholarshipHolding Fund established under paragraph (3).(2) OPERATION.—The Secretary shall consult with Indiantribes to identify fractional interests within the respective jurisdictions of the Indian tribes for purchase in a manner thatis consistent with the priorities of the Secretary.(3) INDIAN EDUCATION SCHOLARSHIP HOLDING FUND.—(A) ESTABLISHMENT.—On final approval of the Settlement, there shall be established in the Treasury of theUnited States a fund, to be known as the ‘‘Indian EducationScholarship Holding Fund’’.(B) AVAILABILITY.—Notwithstanding any other provision of law governing competition, public notification, orFederal procurement or assistance, amounts in the IndianEducation Scholarship Holding Fund shall be made available, without further appropriation, to the Secretary tocontribute to an Indian Education Scholarship Fund, asdescribed in the Settlement, to provide scholarships forNative Americans.VerDate Nov 24 200815:14 Dec 14, 2010Jkt 099139PO 00291Frm 00005Fmt 6580Sfmt 6581E:\PUBLAW\PUBL291.111Consultation.APPS06PsN: PUBL291
124 STAT. 3068dkrause on GSDDPC29PROD with PUBLIC LAWSDetermination.VerDate Nov 24 200815:14 Dec 14, 2010PUBLIC LAW 111–291—DEC. 8, 2010(4) ACQUISITION OF TRUST OR RESTRICTED LAND.—The Secretary may acquire, at the discretion of the Secretary andin accordance with the Land Consolidation Program, any fractional interest in trust or restricted land.(5) TREATMENT OF UNLOCATABLE PLAINTIFFS.—A Plaintiff,the whereabouts of whom are unknown and who, after reasonable efforts by the Secretary, cannot be located during the5-year period beginning on the date of final approval of theSettlement, shall be considered to have accepted an offer madepursuant to the Land Consolidation Program.(f) TAXATION AND OTHER BENEFITS.—(1) INTERNAL REVENUE CODE.—For purposes of the InternalRevenue Code of 1986, amounts received by an individualIndian as a lump sum or a periodic payment pursuant tothe Settlement shall not be—(A) included in gross income; or(B) taken into consideration for purposes of applyingany provision of the Internal Revenue Code that takesinto account excludable income in computing adjusted grossincome or modified adjusted gross income, including section86 of that Code (relating to Social Security and tier 1railroad retirement benefits).(2) OTHER BENEFITS.—Notwithstanding any other provisionof law, for purposes of determining initial eligibility, ongoingeligibility, or level of benefits under any Federal or federallyassisted program, amounts received by an individual Indianas a lump sum or a periodic payment pursuant to the Settlement shall not be treated for any household member, duringthe 1-year period beginning on the date of receipt—(A) as income for the month during which the amountswere received; or(B) as a resource.(g) INCENTIVE AWARDS AND AWARD OF ATTORNEYS’ FEES,EXPENSES, AND COSTS UNDER SETTLEMENT AGREEMENT.—(1) IN GENERAL.—Subject to paragraph (3), the court inthe Litigation shall determine the amount to which the Plaintiffs in the Litigation may be entitled for incentive awardsand for attorneys’ fees, expenses, and costs—(A) in accordance with controlling law, including, withrespect to attorneys’ fees, expenses, and costs, anyapplicable rule of law requiring counsel to produce contemporaneous time, expense, and cost records in support ofa motion for such fees, expenses, and costs; and(B) giving due consideration to the special status ofClass Members (as defined in the Settlement) as beneficiaries of a federally created and administered trust.(2) NOTICE OF AGREEMENT ON ATTORNEYS’ FEES, EXPENSES,AND COSTS.—The description of the request of Class Counselfor an amount of attorneys’ fees, expenses, and costs requiredunder paragraph C.1.d. of the Settlement shall include adescription of all material provisions of the Agreement on Attorneys’ Fees, Expenses, and Costs.(3) EFFECT ON AGREEMENT.—Nothing in this subsectionlimits or otherwise affects the enforceability of the Agreementon Attorneys’ Fees, Expenses, and Costs.(h) SELECTION OF QUALIFYING BANK.—The United States District Court for the District of Columbia, in exercising the discretionJkt 099139PO 00291Frm 00006Fmt 6580Sfmt 6581E:\PUBLAW\PUBL291.111APPS06PsN: PUBL291
dkrause on GSDDPC29PROD with PUBLIC LAWSPUBLIC LAW 111–291—DEC. 8, 2010124 STAT. 3069of the Court to approve the selection of any proposed QualifyingBank (as defined in the Settlement) under paragraph A.1. of theSettlement, may consider any factors or circumstances regardingthe proposed Qualifying Bank that the Court determines to beappropriate to protect the rights and interests of Class Members(as defined in the Settlement) in the amounts to be depositedin the Settlement Account (as defined in the Settlement).(i) APPOINTEES TO SPECIAL BOARD OF TRUSTEES.—The 2 members of the special board of trustees to be selected by the Secretaryunder paragraph G.3. of the Settlement shall be selected onlyafter consultation with, and after considering the names of possiblecandidates timely offered by, federally recognized Indian tribes.(j) TRUST ADMINISTRATION CLASS ADJUSTMENTS.—(1) FUNDS.—(A) IN GENERAL.—In addition to the amounts depositedpursuant to paragraph E.2. of the Settlement, on finalapproval, the Secretary of the Treasury shall deposit inthe Trust Administration Adjustment Fund of the Settlement Account (as defined in the Settlement) 100,000,000out of the amounts appropriated to pay final judgments,awards, and compromise settlements under section 1304of title 31, United States Code, to be allocated and paidby the Claims Administrator (as defined in the Settlementand pursuant to paragraph E.1.e of the Settlement) inaccordance with this subsection.(B) CONDITIONS MET.—The conditions described in section 1304 of title 31, United States Code, shall be deemedto be met for purposes of subparagraph (A).(2) ADJUSTMENT.—(A) IN GENERAL.—After the calculation of the pro ratashare in Section E.4.b of the Settlement, the Trust Administration Adjustment Fund shall be used to increase theminimum payment to each Trust Administration ClassMember whose pro rata share is—(i) zero; or(ii) greater than zero, but who would, after adjustment under this subparagraph, otherwise receive asmaller Stage 2 payment than those Trust Administration Class Members described in clause (i).(B) RESULT.—The amounts in the Trust AdministrationAdjustment Fund shall be applied in such a manner asto ensure, to the extent practicable (as determined by thecourt in the Litigation), that each Trust AdministrationClass Member receiving amounts from the Trust Administration Adjustment Fund receives the same total paymentunder Stage 2 of the Settlement after making the adjustments required by this subsection.(3) TIMING OF PAYMENTS.—The payments authorized bythis subsection shall be included with the Stage 2 paymentsunder paragraph E.4. of the Settlement.(k) EFFECT OF ADJUSTMENT PROVISIONS.—Notwithstanding anyprovision of this section, in the event that a court determinesthat the application of subsection (j) is unfair to the Trust Administration Class—(1) subsection (j) shall not go into effect; and(2) on final approval of the Settlement, in addition tothe amounts deposited into the Trust Land Consolidation FundVerDate Nov 24 200815:14 Dec 14, 2010Jkt 099139PO 00291Frm 00007Fmt 6580Sfmt 6581E:\PUBLAW\PUBL291.111APPS06PsN: PUBL291
124 STAT. 3070PUBLIC LAW 111–291—DEC. 8, 2010pursuant to subsection (e), the Secretary of the Treasury shalldeposit in that Fund 100,000,000 out of amounts appropriatedto pay final judgments, awards, and compromise settlementsunder section 1304 of title 31, United States Code (the conditions of which section shall be deemed to be met for purposesof this paragraph) to be used by the Secretary in accordancewith subsection (e).TITLEII—FINALSETTLEMENTOFCLAIMS FROM IN RE BLACK FARMERSDISCRIMINATION LITIGATIONdkrause on GSDDPC29PROD with PUBLIC LAWSSEC. 201. APPROPRIATION OF FUNDS FOR FINAL SETTLEMENT OFCLAIMS FROM IN RE BLACK FARMERS DISCRIMINATIONLITIGATION.(a) DEFINITIONS.—In this section:(1) SETTLEMENT AGREEMENT.—The term ‘‘Settlement Agreement’’ means the settlement agreement dated February 18,2010 (including any modifications agreed to by the partiesand approved by the court under that agreement) betweencertain plaintiffs, by and through their counsel, and the Secretary of Agriculture to resolve, fully and forever, the claimsraised or that could have been raised in the cases consolidatedin In re Black Farmers Discrimination Litigation, Misc. No.08–mc–0511 (PLF), including Pigford claims asserted undersection 14012 of the Food, Conservation, and Energy Act of2008 (Public Law 110–246; 122 Stat. 2209).(2) PIGFORD CLAIM.—The term ‘‘Pigford claim’’ has themeaning given that term in section 14012(a)(3) of the Food,Conservation, and Energy Act of 2008 (Public Law 110–246;122 Stat. 2210).(b) APPROPRIATION OF FUNDS.—There is appropriated to theSecretary of Agriculture 1,150,000,000, to remain available untilexpended, to carry out the terms of the Settlement Agreementif the Settlement Agreement is approved by a court order thatis or becomes final and nonappealable, and the court finds thatthe Settlement Agreement is modified to incorporate the additionalterms contained in subsection (g). The funds appropriated by thissubsection are in addition to the 100,000,000 of funds of theCommodity Credit Corporation made available by section 14012(i)of the Food, Conservation, and Energy Act of 2008 (Public Law110–246; 122 Stat. 2212) and shall be available for obligation onlyafter those Commodity Credit Corporation funds are fully obligated.If the Settlement Agreement is not approved as provided in thissubsection, the 100,000,000 of funds of the Commodity CreditCorporation made available by section 14012(i) of the Food, Conservation, and Energy Act of 2008 shall be the sole funding availablefor Pigford claims.(c) USE OF FUNDS.—The use of the funds appropriated bysubsection (b) shall be subject to the express terms of the SettlementAgreement.(d) TREATMENT OF REMAINING FUNDS.—If any of the fundsappropriated by subsection (b) are not obligated and expended tocarry out the Settlement Agreement, the Secretary of Agricultureshall return the unused funds to the Treasury and may not makeVerDate Nov 24 200815:14 Dec 14, 2010Jkt 099139PO 00291Frm 00008Fmt 6580Sfmt 6581E:\PUBLAW\PUBL291.111APPS06PsN: PUBL291
dkrause on GSDDPC29PROD with PUBLIC LAWSPUBLIC LAW 111–291—DEC. 8, 2010124 STAT. 3071the unused funds available for any purpose related to section 14012of the Food, Conservation, and Energy Act of 2008, for any othersettlement agreement executed in In re Black Farmers D
PUBLIC LAW 111–291—DEC. 8, 2010 CLAIMS RESOLUTION ACT OF 2010 dkrause on GSDDPC29PROD with PUBLIC LAWS VerDate Nov 24 2008 15:14 Dec 14, 2010 Jkt 099139 PO 00291 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL291.111 APPS06 PsN: PUBL291
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