§ 1754. — Mashantucket Pequot Settlement Fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1754]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER IV--CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT
Sec. 1754. Mashantucket Pequot Settlement Fund
(a) Establishment and administration
There is hereby established in the United States Treasury an account
to be known as the Mashantucket Pequot Settlement Fund (hereinafter
referred to in this section as the ``Fund''). The Fund shall be held in
trust by the Secretary for the benefit of the Tribe and administered in
accordance with this subchapter.
(b) Expenditure of Fund; private settlement lands; economic development
plan; acquisition of land and natural resources
(1) The Secretary is authorized and directed to expend, at the
request of the Tribe, the Fund together with any and all income accruing
to such Fund in accordance with this subsection.
(2) Not less than $600,000 of the Fund shall be available until
January 1, 1985, for the acquisition by the Secretary of private
settlement lands. Subsequent to January 1, 1985, the Secretary shall
determine whether and to what extent an amount less than $600,000 has
been expended to acquire private settlement lands and shall make that
amount available to the Tribe to be used in accordance with the economic
development plan approved pursuant to paragraph (3).
(3)(A) The Secretary shall disburse all or part of the Fund together
with any and all income accruing to such Fund (excepting the amount
reserved in paragraph (2)) according to a plan to promote the economic
development of the Tribe.
(B) The Tribe shall submit an economic development plan to the
Secretary and the Secretary shall approve such plan within sixty days of
its submission if he finds that it is reasonably related to the economic
development of the Tribe. If the Secretary does not approve such plan,
he shall, at the time of his decision, set forth in writing and with
particularity, the reasons for his disapproval.
(C) The Secretary may not agree to terms which provide for the
investment of the Fund in a manner inconsistent with section 162a of
this title, unless the Tribe first submits a specific waiver of
liability on the part of the United States for any loss which may result
from such an investment.
(D) The Tribe may, with the approval of the Secretary, alter the
economic development plan subject to the conditions set forth in
subparagraph (B).
(4) Under no circumstances shall any part of the Fund be distributed
to any member of the Tribe unless pursuant to the economic development
plan approved by the Secretary under paragraph (3).
(5) As the Fund or any portion thereof is disbursed by the Secretary
in accordance with this section, the United States shall have no further
trust responsibility to the Tribe or its members with respect to the
sums paid, any subsequent expenditures of these sums, or any property
other than private settlement lands or services purchased with these
sums.
(6) Until the Tribe has submitted and the Secretary has approved the
terms of the use of the Fund, the Secretary shall fix the terms for the
administration of the portion of the Fund as to which there is no
agreement.
(7) Lands or natural resources acquired under this subsection which
are located within the settlement lands shall be held in trust by the
United States for the benefit of the Tribe.
(8) Land or natural resources acquired under this subsection which
are located outside of the settlement lands shall be held in fee by the
Mashantucket Pequot Tribe, and the United States shall have no further
trust responsibility with respect to such land and natural resources.
Such land and natural resources shall not be subject to any restriction
against alienation under the laws of the United States.
(9) Notwithstanding the provisions of sections 3113 and 3114(a) to
(d) of title 40, the Secretary may acquire land or natural resources
under this section from the ostensible owner of the land or natural
resources only if the Secretary and the ostensible owner of the land or
natural resources have agreed upon the identity of the land or natural
resources to be sold and upon the purchase price and other terms of
sale. Subject to the agreement required by the preceding sentence, the
Secretary may institute condemnation proceedings in order to perfect
title, satisfactory to the Attorney General, in the United States and
condemn interests adverse to the ostensible owner.
(c) Transfer of private settlement land as involuntary conversion
For the purpose of subtitle A of title 26, any transfer of private
settlement lands to which subsection (b) of this section applies shall
be deemed to be an involuntary conversion within the meaning of section
1033 of title 26.
(d) Documentation of relinquishment of tribal claims
The Secretary may not expend on behalf of the Tribe any sums
deposited in the Fund established pursuant to subsection (a) of this
section unless and until he finds that authorized officials of the Tribe
have executed appropriate documents relinquishing all claims to the
extent provided by sections 1753 and 1759 of this title, including
stipulations to the final judicial dismissal with prejudice of its
claims.
(e) Authorization of appropriation
There is authorized to be appropriated $900,000 to be deposited in
the Fund.
(Pub. L. 98-134, Sec. 5, Oct. 18, 1983, 97 Stat. 853; Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
Codification
``Sections 3113 and 3114(a) to (d) of title 40'' substituted in
subsec. (b)(9) for ``the first section of the Act of August 1, 1888 (25
Stat. 357, chapter 728), as amended, and the first section of the Act of
February 26, 1931 (46 Stat. 1421, chapter 307)'' on authority of Pub. L.
107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
which enacted Title 40, Public Buildings, Property, and Works.
Amendments
1986--Subsec. (c). Pub. L. 99-514 substituted ``Internal Revenue
Code of 1986'' for ``Internal Revenue Code of 1954'' wherever appearing,
which for purposes of codification was translated as ``title 26'' thus
requiring no change in text.
Section Referred to in Other Sections
This section is referred to in section 1753 of this title.
