§ 1780d. Settlement Fund

(a) Establishment

There is established in the Treasury a fund to be known as the “Pueblo de San Ildefonso Land Claims Settlement Fund”.

(b) Conditions Monies deposited in the Settlement Fund shall be subject to the following conditions:

(1) Maintenance and investment

The Settlement Fund shall be maintained and invested by the Secretary of the Interior pursuant to the Act of June 24, 1938 (25 U.S.C. 162a).

(2) Use of funds Subject to paragraph (3), monies deposited into the Settlement Fund shall be expended by the Pueblo—

(A) to acquire the federally administered Settlement Area Land;

(B) to pay for the acquisition of the Water System Land, as provided in the Los Alamos Agreement; and

(C) at the option of the Pueblo, to acquire other land.

(3) Effect of withdrawal

If the Pueblo withdraws monies from the Settlement Fund, neither the Secretary of the Interior nor the Secretary of the Treasury shall retain any oversight over, or liability for, the accounting, disbursement, or investment of the withdrawn funds.

(4) Per capita distribution

No portion of the funds in the Settlement Fund may be paid to Pueblo members on a per capita basis.

(5) Acquisition of land

The acquisition of land with funds from the Settlement Fund shall be on a willing-seller, willing-buyer basis, and no eminent domain authority may be exercised for purposes of acquiring land for the benefit of the Pueblo under this subchapter.

(6) Effect of other laws

The Act of October 19, 1973 (Public Law 93–134; 87 Stat. 466) and section 4023 of this title shall not apply to the Settlement Fund.

(Pub. L. 109–286, § 6, Sept. 27, 2006, 120 Stat. 1221.)

References In Text

References in Text

Act of June 24, 1938, referred to in subsec (b)(1), is act June 24, 1938, ch. 648, 52 Stat. 1037, which enacted section 162a of this title, repealed section 162 of this title, and enacted provisions set out as a note under section 162a of this title. For complete classification of this Act to the Code, see Tables.

Act of October 19, 1973, referred to in subsec. (b)(6), is Pub. L. 93–134, Oct. 19, 1973, 87 Stat. 466, known as the Indian Tribal Judgment Funds Use or Distribution Act, which is classified generally to chapter 16 (§ 1401 et seq.) of this title. For complete classification of this Act to the Code, see section 1401(c) of this title and Tables.