S.Amdt. 3436

SA 3436. 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 ___--OTHER MATTERS

SEC. ___01. 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. ___02. 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. ___03. 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.--

[[Page S1268]]

(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. ___04. EMERGENCY DESIGNATIONS.

(a) In General.--Each amount in this title is designated as
an emergency requirement pursuant to sections 403(a) and
423(b) 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).
______