§ 1774d. — Settlement funds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1774d]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER VIII--SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT
Sec. 1774d. Settlement funds
(a) In general
In recognition of the findings and purposes specified in section
1774 of this title, the settlement funds provided pursuant to this
subchapter shall be provided by the United States and the State. The
Secretary may not obligate or expend funds provided under subsection (b)
of this section until the Secretary determines that there is an agreed
upon and signed memorandum of understanding.
(b) Funds provided by United States
(1) Cash payment
The Secretary shall pay to the Seneca Nation the amount of
$30,000,000, which is the Federal share of the cash payment to be
managed, invested, and used by the Nation to further specific
objectives of the Nation and its members, all as determined by the
Nation in accordance with the Constitution and laws of the Nation.
(2) Economic development
(A) In addition to the amount provided under paragraph (1), the
Secretary shall pay to the Seneca Nation the amount of $5,000,000 to
be used for the economic and community development of the Seneca
Nation, including the city of Salamanca, which is an integral part
of the Seneca Nation's Allegany Reservation. Such amount shall be
deposited by the Secretary, administered, and disbursed in
accordance with subparagraph (B).
(B)(i) The sum of $2,000,000 shall be deposited in a separate
interest bearing account of the Seneca Nation. The account shall be
administered, and the principal and interest thereon disbursed, by
the Seneca Nation in accordance with a plan approved by the Council
of the Seneca Nation to promote the economic and community
development of the Seneca Nation. Until the principal is expended
pursuant to such plan, the income accruing from such sum shall be
disbursed to the treasurer of the Seneca Nation on a quarterly basis
to fund tribal government operations and to provide for the general
welfare of the Seneca Nation and its members. The Seneca Nation may
in its discretion add the accrued income to the principal.
(ii) The sum of $3,000,000 shall be deposited in an escrow
account which shall be owned by the Seneca Nation. The escrow agent
shall be selected by agreement of the Seneca Nation and the city.
The escrow account shall remain in existence for a period of ten
years from the date on which the principal is deposited or until all
payments provided for under section V.D. of the Agreement have been
made. The escrow account shall be held and disbursed for economic
and community development as set forth in section V.D. of the
Agreement. Upon the expiration of the ten-year period, the
$3,000,000 principal shall be disbursed in accordance with a plan
approved by the Council of the Seneca Nation to promote the economic
and community development of the Seneca Nation.
(c) Funds to be provided by State
The State, in accordance with its laws and regulations, shall
provide the sum of $16,000,000 in cash payments and $9,000,000 for
economic or community development subject to the provisions of the
memorandum of understanding.
(d) Time of payments
The payments required by this section on the part of the United
States shall be made within 30 days of the Secretary's determination
that the Seneca Nation has complied with section 1774b of this title, or
upon the availability of the amounts necessary to carry out this
subchapter, if such determination has previously been made. If the
Secretary determines that the Seneca Nation has not complied with
section 1774b of this title, he shall advise the Seneca Nation in
writing of all steps it must take to comply.
(e) Limitation
The only amounts available to carry out this subchapter shall be
those amounts specifically appropriated by the Congress or the
legislature of the State to carry out this subchapter.
(Pub. L. 101-503, Sec. 6, Nov. 3, 1990, 104 Stat. 1295.)
Section Referred to in Other Sections
This section is referred to in sections 1774a, 1774b, 1774e of this
title.
