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SA 3407. Mr. INOUYE (for himself, Mr. DORGAN, Mr. BYRD, Mr. LAUTENBERG, Mr. FRANKEN, Mr. TESTER, and Ms. LANDRIEU) submitted an amendment intended to be proposed to amendment SA 3336 proposed by Mr. BAUCUS to the bill H.R. 4213, to amend the Internal Revenue code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
TITLE __X--OTHER MATTERS


SEC. __X01. FUNDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR DISASTER RELIEF.
There are appropriated, out of any funds in the Treasury not otherwise appropriated, for an additional amount for the Department of Homeland Security under the heading "DISASTER RELIEF" under the heading "Federal Emergency Management Agency", $5,100,000,000, to remain available until expended: Provided, That of the amount appropriated under this section, up to $5,000,000 shall be transferred to the Department of Homeland Security under the heading "OFFICE OF
INSPECTOR GENERAL" for audits and investigations relating to disasters.
SEC. __X02. BLACK FARMERS DISCRIMINATION LITIGATION.
(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 in In re Black Farmers Discrimination Litigation, No. 08-511 (D.D.C.) that is approved by a court order that has become final and non-appealable, 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 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 Public Law 110-246 is amended by striking subsections (e), (i)(2) and (j), and redesignating the remaining subsections accordingly.
SEC. __X03. INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT ACT OF 2010.
(a) Short Title.--This section may be cited as the "Individual Indian Money Account Litigation Settlement Act of 2010".
(b) Definitions.--In this section:
(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 fractionated 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.
(7) TRUST ADMINISTRATION CLASS.--The term "Trust Administration Class" means the Trust Administration Class as defined in the Settlement.
(c) Purpose.--The purpose of this section is to authorize the Settlement.
(d) Authorization.--The Settlement is authorized, ratified, and confirmed.
(e) Jurisdictional Provisions.--
(1) IN GENERAL.--Notwithstanding the limitation on 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 sub-paragraph (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.
(f) Accounting/trust Administration Fund.--
(1) IN GENERAL.--Of the amounts appropriated by section 1304 of title 31, United States Code, $1,412,000,000 shall be deposited in the Accounting/Trust Administration Fund, in accordance with the Settlement.
(2) CONDITIONS MET.--The conditions described in section 1304 of title 31, United States Code, shall be considered to be met for purposes of paragraph (1).
(g) 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 the 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.
(h) 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, 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,
for purposes of determining initial eligibility, ongoing eligibility, or level of benefits under any Federal or federally assisted program.
SEC. __X04. EMERGENCY DESIGNATIONS.
(a) In General.--Each amount in this title is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.
(b) Paygo.--Each amount in this title is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139).


(As printed in the Congressional Record for the Senate on Mar 4, 2010.)