Page 535 TITLE 25—INDIANS § 1774d

in subsection (b) of this section shall not be

binding on the Seneca Nation until after the

later of the dates on which (1) Congress, or (2)

the legislature of the State appropriates the

amount of funds set forth in section 1774d of this

title or the Seneca Nation and the State agree

upon a schedule and mechanism for payments

for funds pursuant to section 1774d(c) of this

title. Such agreement shall render the offers, acceptances and the relinquishment effective so

long as the payments are made as agreed upon

by the Seneca Nation and the State.

(Pub. L. 101–503, §4, Nov. 3, 1990, 104 Stat. 1294.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1774d, 1774e of

this title.

§ 1774c. Responsibilities and restrictions

(a) Seneca Nation

The Congress finds that the Seneca Nation is

solely responsible for negotiation of the leases

under the Agreement in its own interest and approval of any such lease by the United States is

not required.

(b) Lessees

The Congress finds that—

(1) the lessees of leases with the Seneca Nation are responsible for representing their own

interest in lease negotiations with the Seneca

Nation; and

(2) nothing in this subchapter shall be construed to prevent the lessees from collectively

negotiating with the Seneca Nation regarding

such leases, whether through informal groups

or as delegations formally sanctioned by either the State or local governments.

(c) United States

(1) The United States shall not serve in a capacity to approve leases of the Seneca Nation.

(2) Federal funds may not be obligated or expended, directly or indirectly, for annual payments under any such lease, except for funds

that may be available under a conventional, nationwide program.

(d) State

(1) The State shall not serve in a capacity to

approve leases of the Seneca Nation.

(2) State funds may not be obligated or expended, directly or indirectly, for annual payments under any such lease.

(Pub. L. 101–503, §5, Nov. 3, 1990, 104 Stat. 1295.)

§ 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.