
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 section 257 of title 40 and 
section 258a 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.)


                               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.
