[House Document 111-92]
[From the U.S. Government Publishing Office]
111th Congress, 2nd Session - - - - - - - - - - - - - House Document
111-92
A REQUEST FOR BUDGET AMENDMENTS FOR FISCAL YEAR 2011
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A REQUEST FOR BUDGET AMENDMENTS FOR FISCAL YEAR 2010 PROPOSALS IN THE
FISCAL YEAR 2011 BUDGET FOR THE DEPARTMENT OF HOMELAND SECURITY
February 22, 2010.--Referred to the Committee on Appropriations and
ordered to be printed
The White House,
Washington, February 12, 2010.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam Speaker: I ask the Congress to consider the
enclosed amendments to Fiscal Year (FY) 2010 proposals in my FY
2011 Budget.
Included is an amendment for the Department of Homeland
Security, Disaster Relief, for the continued response and
recovery efforts associated with prior large events, such as
Hurricane Katrina and the Midwest Floods. The proposed total
for FY 2010 in my FY 2011 Budget would increase by $1.5 billion
as a result of this amendment.
Also included are amendments to general provisions that
would provide authorization and funding for FY 2010 to
implement the settlement of a case involving the management of
individual Indian trust accounts related to Indian lands and to
settle claims of prior discrimination brought by black farmers
against the Department of Agriculture.
The details of these requests are set forth in the enclosed
letter from the Director of the Office of Management and
Budget.
Sincerely,
Barack Obama.
Enclosure.
[Estimate No. 2, 111th Congress, 2nd Session]
Executive Office of the President,
Office of Management and Budget,
Washington, DC, February 12, 2010.
The President,
The White House.
Submitted for your consideration are amendments to the
Fiscal Year (FY) 2010 proposals in your FY 2011 Budget.
Included is an amendment for the Department of Homeland
Security, Disaster Relief. Also included are amendments to
general provisions that would provide authorization and funding
for FY 2010 to implement the settlement of a case involving the
management of individual Indian trust accounts related to
Indian lands and to settle claims of prior discrimination
brought by black farmers against the Department of Agriculture.
These amendments are described below and in more detail in the
enclosures.
The proposed Budget totals for FY 2010 would increase by
$1.5 billion as a result of the following amendment:
Department of Homeland Security, Disaster Relief.
This amendment would provide an additional $1.5 billion and
would increase the pending $3.6 billion FY 2010 supplemental
request included in the FY 2011 Budget to $5.1 billion. These
supplemental funds are needed before March 2010 for the
continued response and recovery efforts associated with prior
large events, such as Hurricane Katrina and the Midwest Floods.
This supplemental request is also being re-transmitted to
underscore the importance of acting in a timely fashion.
Two FY 2010 proposals were included as mandatory requests
in the FY 2011 Budget, with an expectation that authorization
language would be transmitted at a later date. However, at this
time there are no other appropriate legislative vehicles
available to allow for expeditious consideration of these
proposals. Therefore, they are now being requested as changes
in mandatory programs and as such, are being transmitted to the
Appropriations Committee for their disposition.
General Provision, Sec. 1: Cobell v. Salazar. This
amendment would provide authorization and funding to implement
the settlement of Cobell v. Salazar, a case involving the
management of individual Indian trust accounts related to
Indian lands. Pending congressional action and final approval
by the Court, $3.412 billion will be expended from the
Department of the Treasury's Claims, Judgments, and Relief Acts
account in FY 2010. Within this total, the settlement agreement
provides that $2.0 billion from the appropriation to this
account will be transferred to a new Trust Land Consolidation
Fund in the Department of the Interior for the buy-back and
consolidation of fractionated land interests and other
activities.
General Provision, Sec. 2: Discrimination Claims
Settlement. This amendment would provide authorization and FY
2010 funding of $1.150 billion to settle claims of prior
discrimination brought by black farmers against the Department
of Agriculture that were previously addressed by section 14012
of Public Law 110-246, the Food Conservation and Energy Act of
2008.
Recommendation
I have carefully reviewed these requests and am satisfied
that they are necessary at this time. Therefore, I join the
heads of the affected agencies in recommending you transmit
these proposals to the Congress.
Sincerely,
Peter R. Orszag,
Director.
Enclosures.
FY 2010 Supplemental Proposal in the FY 2011 Budget
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
DISASTER RELIEF
FY 2011 Budget Appendix Page: 1362
FY 2010 Pending Supplemental Request: $3,600,000,000
Proposed Amendment: $1,500,000,000
FY 2010 Revised Supplemental Request: $5,100,000,000
(In the appropriations language under the above heading,
delete ``$3,600,000,000'' and substitute $5,100,000,000.)
This amendment would provide an additional $1.5 billion for
the Disaster Relief account and would increase the pending $3.6
billion FY 2010 supplemental request included in the FY 2011
Budget to $5.1 billion.
This request is submitted to: (1) reiterate the need to
provide the proposed funding before March 2010, and underscore
the Administration's support for this proposal; and (2) request
an additional $1.5 billion in anticipation of arbitration panel
decisions likely to impact the Disaster Relief Fund in a
previously unexpected manner. This proposal provides additional
funding for the continued response and recovery efforts
associated with prior large events, such as Hurricane Katrina
and the Midwest Floods.
Through the Disaster Relief Fund, the Federal Emergency
Management Agency provides a significant portion of the total
Federal response to Presidentially-declared major disasters and
emergencies. Primary assistance programs include Federal
assistance to individuals and households, public assistance,
and hazard mitigation assistance, which includes the repair and
reconstruction of State, local, and nonprofit infrastructure.
FY 2010 Change in a Mandatory Program
GENERAL PROVISIONS--THIS ACT
FY 2011 Budget Appendix Page: 1366
FY 2010 Pending Request: $3,412,000,000
Proposed Amendment:--
Revised Request: $3,412,000,000
(In the appropriations language, insert the above new
heading and the following new language directly following
section 2 of the ``General Provisions'' that appear on page
1365:)
Sec. 1. The Individual Indian Money Account Litigation
Settlement Act of 2010.
(a) Short Title.--This section may be cited as the
``Individual Indian Money Account Litigation Settlement Act of
2010''.
(b) Definitions.--In this section:
(1) Amended complaint.--The term ``Amended
Complaint'' means the Amended Complaint attached to the
Settlement.
(2) Land consolidation program.--The term ``Land
Consolidation Program'' means a program conducted in
accordance with the Settlement and the Indian Land
Consolidation Act (25 U.S.C. 2201 et seq.) under which
the Secretary may purchase fractionated interests in
trust or restricted land.
(3) Litigation.--The term ``Litigation'' means the
case entitled Elouise Cobell et al. v. Ken Salazar et
al., United States District Court, District of
Columbia, Civil Action No. 96-1285 (JR).
(4) Plaintiff.--The term ``Plaintiff'' means a member
of any class certified in the Litigation.
(5) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(6) Settlement.--The term ``Settlement'' means the
Class Action Settlement Agreement dated December 7,
2009, in the Litigation.
(7) Trust administration class.--The term ``Trust
Administration Class'' means the Trust Administration
Class as defined in the Settlement.
(c) Purpose.--The purpose of this section is to authorize
the Settlement.
(d) Authorization.--The Settlement is authorized, ratified,
and confirmed.
(e) Jurisdictional provisions.--
(1) In general.--Notwithstanding the limitation on
jurisdiction of district courts contained in section
1346(a)(2) of title 28, United States Code, the United
States District Court for the District of Columbia
shall have jurisdiction over the claims asserted in the
Amended Complaint for purposes of the Settlement.
(2) Certification of trust administration class.--
(A) In general.--Notwithstanding the
requirements of the Federal Rules of Civil
Procedure, the court overseeing the Litigation
may certify the Trust Administration Class.
(B) Treatment.--On certification under sub-
paragraph (A), the Trust Administration Class
shall be treated as a class under Federal Rule
of Civil Procedure 23(b)(3) for purposes of the
Settlement.
(f) Accounting/Trust Administration Fund.--
(1) In general.--Of the amounts appropriated by
section 1304 of title 31, United States Code,
$1,412,000,000 shall be deposited in the Accounting/
Trust Administration Fund, in accordance with the
Settlement.
(2) Conditions met.--The conditions described in
section 1304 of title 31, United States Code, shall be
considered to be met for purposes of paragraph (1).
(g) Trust Land Consolidation.--
(1) Trust land consolidation fund.--
(A) Establishment.--On final approval (as
defined in the Settlement) of the Settlement,
there shall be established in the Treasury of
the United States a fund, to be known as the
``Trust Land Consolidation Fund''.
(B) Availability of amounts.--Amounts in the
Trust Land Consolidation Fund shall be made
available to the Secretary during the 10-year
period beginning on the date of final approval
of the Settlement--
(i) to conduct the Land Consolidation
Program: and
(ii) for other costs specified in the
Settlement.
(C) Deposits.--
(i) In general.--On final approval
(as defined in the Settlement) of the
Settlement, the Secretary of the
Treasury shall deposit in the Trust
Land Consolidation Fund $2,000,000,000
of the amounts appropriated by section
1304 of title 31, United States Code.
(ii) Conditions met.--The conditions
described in section 1304 of title 31,
United States Code, shall be considered
to be met for purposes of clause (i).
(D) Transfers.--In a manner designed to
encourage participation in the Land
Consolidation Program, the Secretary may
transfer, at the discretion of the Secretary,
not more than $60,000,000 of amounts in the
Trust Land Consolidation Fund to the Indian
Education Scholarship Holding Fund established
under paragraph 2.
(2) Indian education scholarship holding fund.--
(A) Establishment.--On the final approval (as
defined in the Settlement) of the Settlement,
there shall be established in the Treasury of
the United States a fund., to be known as the
``Indian Education Scholarship Holding Fund''.
(B) Availability.--Notwithstanding any other
provision of law governing competition, public
notification, or Federal procurement or
assistance, amounts in the Indian Education
Scholarship Holding Fund shall be made
available, without further appropriation, to
the Secretary to contribute to an Indian
Education Scholarship Fund, as described in the
Settlement, to provide scholarships for Native
Americans.
(3) Acquisition of trust or restricted land.--The
Secretary may acquire, at the discretion of the
Secretary and in accordance with the Land Consolidation
Program, any fractional interest in trust or restricted
land.
(4) Treatment of unlocatable plaintiffs.--A Plaintiff
the whereabouts of whom are unknown and who, after
reasonable efforts by the Secretary, cannot be located
during the 5 year period beginning on the date of final
approval (as defined in the Settlement) of the
Settlement shall be considered to have accepted an
offer made pursuant to the Land Consolidation Program.
(h) Taxation and Other Benefits.--
(1) Internal revenue code.--For purposes of the
Internal Revenue Code of 1986, amounts received by an
individual Indian as a lump sum or a periodic payment
pursuant to the Settlement--
(A) shall not be included in gross income;
and
(B) shall not be taken into consideration for
purposes of applying any provision of the
Internal Revenue Code that takes into account
excludable income in computing adjusted gross
income or modified adjusted gross income,
including section 86 of that Code (relating to
Social Security and tier 1 railroad retirement
benefits).
(2) Other benefits.--Notwithstanding any other
provision of law, amounts received by an individual
Indian as a lump sum or a periodic payment pursuant to
the Settlement shall not be treated for any household
member, during the 1-year period beginning on the date
of receipt--
(A) as income for the month during which the
amounts were received; or
(B) as a resource,
for purposes of determining initial eligibility,
ongoing eligibility, or level of benefits under any
Federal or federally assisted program.
This amendment proposes language for consideration by the
Appropriations Committees to provide authorization and funding
to implement the settlement of Cobell v. Salazar, a case
involving the management of individual Indian trust accounts
related to Indian lands. Following the enactment of this
legislation and final approval of the settlement by the Court,
$3.412 billion will be expended from this account in FY 2010.
Under the terms of the settlement, $1.412 billion would be
used to settle trust management and accounting issues. Each
class member will receive $1,000 for his or her historical
accounting claims and may receive additional funds related to
trust management claims under a formula set forth in the
settlement agreement. (Page 1032 of the FY 2011 Budget
Appendix, Department of the Treasury chapter, provides further
detail regarding implementation of this aspect of the
settlement.)
The settlement agreement also provides $2.0 billion from
the Claims, Judgments, and Relief Acts account for a new Trust
Land Consolidation Fund (Fund) for the buy-back and
consolidation of fractionated land interests. The Fund will be
used for purchases of fractionated interests in parcels of land
from individual Indian landowners. The Fund covers
administrative costs to undertake the process of acquiring
fractionated interests and associated trust reform activities.
The acquisition of fractionated interests is authorized under
the Indian Land Consolidation Act Amendments of 2000 (Public
Law 106-462), and the American Indian Probate Reform Act of
2004 (Public Law 108-374). The proposed settlement provides
additional authority for the acquisition of interests held by
persons who cannot be located after engaging in extensive
efforts to notify them and locate them for a five-year period.
In addition to purchasing land interests and other trust reform
initiatives, the Fund will also contribute up to $60 million
for a scholarship fund for the benefit of educating American
Indians and Alaska Natives. (Page 706 of the FY 2011 Budget
Appendix, Department of the Interior chapter, provides further
detail regarding implementation of this aspect of the
settlement.)
The FY 2011 Budget included this proposal as mandatory
funding that would become available in FY 2010, consistent with
the recent settlement agreement, dated December 7, 2009, and
anticipated transmitting authorization language at a later
date. However, at this time there are no other appropriate
legislative vehicles available to allow for expeditious
consideration of these necessary proposals. Therefore, it is
now being requested as a change in a mandatory program to meet
the settlement's legislation enactment deadline of February 28,
2010.
FY 2010 Change in a Mandatory Program
GENERAL PROVISIONS--THIS ACT
FY 2011 Budget Appendix Page: 1366
FY 2010 Pending Request: $1,150,000,000
Proposed Amendment:--
Revised Request: $1,150,000,000
(In the appropriations language under the above newly
inserted heading, insert the following new section after the
newly inserted section 1:)
Sec. 2. (a) There is hereby appropriated to the Department
of Agriculture, $1,150,000,000, to remain available until
expended, to carry out the terms of a Settlement Agreement
(``such Settlement Agreement'') executed in In re Black Farmers
Discrimination Litigation, No. 08-511 (D.D.C.) that is approved
by a court order that has become final and non-appealable, and
that is comprehensive and provides for the final settlement of
all remaining Pigford claims (``Pigford claims''), as defined
in section 14012(a) of Public Law 110-246. The funds
appropriated herein for such Settlement Agreement are in
addition to the $100,000,000 in funds of the Commodity Credit
Corporation (CCC) that section 14012 made available for the
payment of Pigford claims and are available only after such CCC
funds have been fully obligated. The use of the funds
appropriated herein shall be subject to the express terms of
such Settlement Agreement. If any of the funds appropriated
herein are not used for carrying out such Settlement Agreement,
such funds shall be returned to the Treasury and shall not be
made available for any purpose related to section 14012, for
any other settlement agreement executed in In re Black Farmers
Discrimination Litigation, No. 08-511 (D.D.C.), or for any
other purpose. If such Settlement Agreement is not executed and
approved as provided above, then the sole funding available for
Pigford claims shall be the $100,000,000 of funds of the CCC
that section 14012 made available for the payment of Pigford
claims.
(b) 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 such Settlement Agreement or any
other settlement agreement.
(c) Nothing in this section shall be construed as creating
the basis for a Pigford claim.
(d) Section 14012 of Public Law 110-246 is amended by
striking subsections (e), (i)(2) and (j), and redesignating the
remaining subsections accordingly.
This amendment proposes language for consideration by the
Appropriations Committees to settle claims of prior
discrimination brought by black farmers against the Department
of Agriculture that were previously addressed by section 14012
of Public Law 110-246, the Food Conservation and Energy Act of
2008. The proposal would provide funding for a court-approved
settlement of litigation requiring the payment of valid claims
pursuant to a privately managed settlement process. Upon
enactment, the authority would permit the expeditious and
judicious resolution of discrimination claims with minimal
burden on the claimants and the Government.
The FY 2011 Budget included this proposal as mandatory
funding that would become available in FY 2010 and anticipated
transmitting authorization language at a later date. However,
at this time there are no other appropriate legislative
vehicles available to allow for expeditious consideration of
these necessary proposals. Therefore, it is now being requested
as a change in a mandatory program.