Page:United States Statutes at Large Volume 118.djvu/2205

 118 STAT. 2175 PUBLIC LAW 108–375—OCT. 28, 2004 (f) PROVISION OF INFORMATION.—The Secretary of Energy shall, in a timely manner, make available to the National Research Council all information that the National Research Council con siders necessary to carry out its responsibilities under this section. (g) RULE OF CONSTRUCTION.—This section shall not be con strued to affect section 3116. (h) FUNDING.—Of the amounts made available to the Depart ment of Energy pursuant to the authorization of appropriations in section 3102, $1,500,000 shall be available only for carrying out the study required by this section. SEC. 3147. COMPENSATION OF PAJARITO PLATEAU, NEW MEXICO, HOMESTEADERS FOR ACQUISITION OF LANDS FOR MANHATTAN PROJECT IN WORLD WAR II. (a) ESTABLISHMENT OF COMPENSATION FUND.—There is estab lished in the Treasury of the United States a fund to be known as the Pajarito Plateau Homesteaders Compensation Fund (in this section referred to as the ‘‘Fund’’). The Fund shall be dedicated to the settlement of the two lawsuits in the United States District Court for the District of New Mexico consolidated as Civ. No. 00–60. (b) ELEMENTS OF FUND.—The Fund shall consist of the fol lowing: (1) Amounts available for deposit in the Fund under sub section (j). (2) Interest earned on amounts in the Fund under sub section (g). (c) USE OF FUND.—The Fund shall be available for the settle ment of the consolidated lawsuits in accordance with the following requirements: (1) The settlement shall be subject to preliminary and final approval by the Court in accordance with rule 23(e) of the Federal Rules of Civil Procedure. (2) The Court shall appoint a special master in accordance with rule 53 of the Federal Rules of Civil Procedure to— (A) identify class members; (B) receive claims from class members so identified; (C) determine in accordance with subsection (d) eligible claimants from among class members so identified; (D) resolve contests, if any, among claimants with respect to a particular eligible tract, regarding the disburse ment of monies in the Fund with respect to that eligible tract; and (E) address such other matters as the Court may order. (3) Lead counsel for claimants shall provide evidence to the special master to assist the special master in the duties set forth in paragraph (2). (4) If more than 10 percent of the class members object to the settlement, or the Court fails to approve the settlement— (A) the Fund shall not serve as the basis for the settlement of the consolidated lawsuits and the provisions of this section shall have no further force or effect; and (B) amounts in the Fund shall not be disbursed, but shall be retained in the Treasury as miscellaneous receipts. (5) The Court may award compensation for the special master and attorney fees and expenses from the Fund pursuant to rule 23 of the Federal Rules of Civil Procedure, except

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