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Code · STATUTE-COMPILATIONS · Claims Resolution Act of 2010 · Sec. 201

Sec. 201. APPROPRIATION OF FUNDS FOR FINAL SETTLEMENT OF CLAIMS FROM IN RE BLACK FARMERS DISCRIMINATION LITIGATION

1,290 words·~6 min read·/statute-compilations/comps-13809/sec-201

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## SEC. 201 APPROPRIATION OF FUNDS FOR FINAL SETTLEMENT OF CLAIMS FROM IN RE BLACK FARMERS DISCRIMINATION LITIGATION ###
(a)Definitions In this section: ####
(1)Settlement agreement The term “Settlement Agreement” means the settlement agreement dated February 18, 2010 (including any modifications agreed to by the parties and approved by the court under that agreement) between certain plaintiffs, by and through their counsel, and the Secretary of Agriculture to resolve, fully and forever, the claims raised or that could have been raised in the cases consolidated in *In re Black Farmers Discrimination Litigation,* Misc. No. 08-mc-0511 (PLF), including Pigford claims asserted under section 14012 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2209). ####
(2)Pigford claim The term “Pigford claim” has the meaning given that term in section 14012(a)(3) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2210). ###
(b)Appropriation of Funds There is appropriated to the Secretary of Agriculture $1,150,000,000, to remain available until expended, to carry out the terms of the Settlement Agreement if the Settlement Agreement is approved by a court order that is or becomes final and nonappealable, and the court finds that the Settlement Agreement is modified to incorporate the additional terms contained in subsection (g). The funds appropriated by this subsection are in addition to the $100,000,000 of funds of the Commodity Credit Corporation made available by section 14012(i) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2212) and shall be available for obligation only after those Commodity Credit Corporation funds are fully obligated. If the Settlement Agreement is not approved as provided in this subsection, the $100,000,000 of funds of the Commodity Credit Corporation made available by section 14012(i) of the Food, Conservation, and Energy Act of 2008 shall be the sole funding available for Pigford claims. ###
(c)Use of funds The use of the funds appropriated by subsection
(b)shall be subject to the express terms of the Settlement Agreement. ###
(d)Treatment of Remaining Funds If any of the funds appropriated by subsection
(b)are not obligated and expended to carry out the Settlement Agreement, the Secretary of Agriculture shall return the unused funds to the Treasury and may not make the unused funds available for any purpose related to section 14012 of the Food, Conservation, and Energy Act of 2008, for any other settlement agreement executed in *In re Black Farmers Discrimination Litigation*, No. 08-511 (D.D.C.), or for any other purpose. ###
(e)Rules of Construction 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 the Settlement Agreement or any other settlement agreement. Nothing in this section shall be construed as creating the basis for a Pigford claim. ###
(f)Conforming Amendments Section 14012 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2209) is amended— ####
(1)in subsection (c)(1)— #####
(A)by striking “subsection (h)” and inserting “subsection (g)”; and #####
(B)by striking “subsection (i)” and inserting “subsection (h)”; ####
(2)by striking subsection (e); ####
(3)in subsection (g), by striking “subsection (f)” and inserting “subsection (e)”; ####
(4)in subsection (i)— #####
(A)by striking “(1) In general.—Of the funds” and inserting “Of the funds”; #####
(B)by striking paragraph (2); and #####
(C)by striking “subsection (g)” and inserting “subsection (f)”; ####
(5)by striking subsection (j); and ####
(6)by redesignating subsections (f), (g), (h), (i), and
(k)as subsections (e), (f), (g), (h), and (i), respectively. ###
(g)Additional Settlement Terms For the purposes of this section and funding for the Settlement Agreement, the following are additional terms: ####
(1)Definitions In this subsection: #####
(A)Settlement agreement The term “Settlement Agreement” means the settlement, including any modifications agreed to by the parties and approved by the court, between the Secretary of Agriculture and certain plaintiffs, by and through their counsel in litigation titled Black Farmers Discrimination Litigation, Misc. No. 08-mc-0511 (PLF). #####
(B)Neutral adjudicator ######
(i)In general The term “Neutral Adjudicator” means a Track A Neutral or a Track B Neutral as those terms are defined in the Settlement Agreement, who have been hired by Lead Class Counsel as that term is defined in the Settlement Agreement. ######
(ii)Requirement The Track A and B Neutrals called for in the Settlement Agreement shall be approved by the Secretary of the United States Department of Agriculture, the Attorney General, and the court. ####
(2)Oath Every Neutral Adjudicator shall take an oath administered by the court prior to hearing claims. ####
(3)Additional documentation or evidence Any Neutral Adjudicator may, during the course of hearing claims, require claimants to provide additional documentation and evidence if, in the Neutral Adjudicator’s judgment, the additional documentation and evidence would be necessary or helpful in deciding the merits of the claim, or if the adjudicator suspects fraud regarding the claim. ####
(4)Attorneys fees, expenses, and costs #####
(A)In general Subject to subparagraph
(B)and the provisions of the Settlement Agreement regarding attorneys’ fee caps and maximum and minimum percentages for awards of attorneys fees, the court shall make any determination as to the amount of attorneys’ fees, expenses, and costs in accordance with controlling law, including, with respect to attorneys’ fees, expenses, and costs, any applicable rule of law requiring counsel to produce contemporaneous time, expenses, and cost records in support of a motion for such fees, expenses, and costs. #####
(B)Effect on agreement Nothing in this paragraph limits or otherwise affects the enforceability of provisions regarding attorneys’ fees, expenses, and costs that may be contained in the Settlement Agreement. ####
(5)Certification An attorney filing a claim on behalf of a claimant shall swear, under penalty of perjury, that: “to the best of the attorney’s knowledge, information, and belief formed after an inquiry reasonable under the circumstances, the claim is supported by existing law and the factual contentions have evidentiary support”. ####
(6)Distribution of claims determinations and settlement funds In order to ensure full transparency of the administration of claims under the Settlement Agreement, the Claims Administrator as that term is defined in the Settlement Agreement, shall provide to the Secretary of Agriculture, the Inspector General of the Department of Agriculture, the Attorney General, and Lead Class Counsel as that term is defined in the Settlement Agreement, all information regarding Distribution of Claims Determinations and Settlement Funds described in the Settlement Agreement. ###
(h)Reports ####
(1)Government accountability office #####
(A)In general The Comptroller General of the United States shall evaluate the internal controls (including internal controls concerning fraud and abuse) created to carry out the terms of the Settlement Agreement, and report to the Congress at least 2 times throughout the duration of the claims adjudication process on the results of this evaluation. #####
(B)Access to information Solely for purposes of conducting the evaluation under subparagraph (A), the Comptroller General shall have access, upon request, to the claims administrator, the claims adjudicators, and related officials, appointed in connection with the aforementioned settlement, and to any information and records generated, used, or received by them, including names and addresses. ####
(2)USDA inspector general #####
(A)Performance audit The Inspector General of the Department of Agriculture shall, within 180 days of the initial adjudication of claims, and subsequently as appropriate, perform a performance audit based on a statistical sampling of adjudicated claims. #####
(B)Audit recipients The audits described in clause
(i)shall be provided to Secretary of Agriculture and the Attorney General. # TITLE III WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION
Connections4 off-index
4 references not yet in our index
  • Pub. L. 110-246
  • 122 Stat. 2209
  • 122 Stat. 2210
  • 122 Stat. 2212
Citation graph
cites case law
Sec. 201
APPROPRIATION OF FUNDS FOR FINAL SETTLEMENT OF CLAIMS FROM IN RE BLACK FARMERS DISCRIMINATION LITIGATION
Pub. L.Pub. L. 110-246
Stat.122 Stat. 2209
Stat.122 Stat. 2210
Stat.122 Stat. 2212
Cites 4Cited by 0 across 0 sources
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