Page:United States Statutes at Large Volume 124.djvu/3095

 124 STAT. 3069 PUBLIC LAW 111–291—DEC. 8, 2010 of the Court to approve the selection of any proposed Qualifying Bank (as defined in the Settlement) under paragraph A.1. of the Settlement, may consider any factors or circumstances regarding the proposed Qualifying Bank that the Court determines to be appropriate to protect the rights and interests of Class Members (as defined in the Settlement) in the amounts to be deposited in the Settlement Account (as defined in the Settlement). (i) APPOINTEES TO SPECIAL BOARD OF TRUSTEES.—The 2 mem- bers of the special board of trustees to be selected by the Secretary under paragraph G.3. of the Settlement shall be selected only after consultation with, and after considering the names of possible candidates timely offered by, federally recognized Indian tribes. (j) TRUST ADMINISTRATION CLASS ADJUSTMENTS.— (1) FUNDS.— (A) IN GENERAL.—In addition to the amounts deposited pursuant to paragraph E.2. of the Settlement, on final approval, the Secretary of the Treasury shall deposit in the Trust Administration Adjustment Fund of the Settle- ment Account (as defined in the Settlement) $100,000,000 out of the amounts appropriated to pay final judgments, awards, and compromise settlements under section 1304 of title 31, United States Code, to be allocated and paid by the Claims Administrator (as defined in the Settlement and pursuant to paragraph E.1.e of the Settlement) in accordance with this subsection. (B) CONDITIONS MET.—The conditions described in sec- tion 1304 of title 31, United States Code, shall be deemed to be met for purposes of subparagraph (A). (2) ADJUSTMENT.— (A) IN GENERAL.—After the calculation of the pro rata share in Section E.4 .b of the Settlement, the Trust Adminis- tration Adjustment Fund shall be used to increase the minimum payment to each Trust Administration Class Member whose pro rata share is— (i) zero; or (ii) greater than zero, but who would, after adjust- ment under this subparagraph, otherwise receive a smaller Stage 2 payment than those Trust Administra- tion Class Members described in clause (i). (B) RESULT.—The amounts in the Trust Administration Adjustment Fund shall be applied in such a manner as to ensure, to the extent practicable (as determined by the court in the Litigation), that each Trust Administration Class Member receiving amounts from the Trust Adminis- tration Adjustment Fund receives the same total payment under Stage 2 of the Settlement after making the adjust- ments required by this subsection. (3) TIMING OF PAYMENTS.—The payments authorized by this subsection shall be included with the Stage 2 payments under paragraph E.4. of the Settlement. (k) EFFECT OF ADJUSTMENT PROVISIONS.—Notwithstanding any provision of this section, in the event that a court determines that the application of subsection (j) is unfair to the Trust Adminis- tration Class— (1) subsection (j) shall not go into effect; and (2) on final approval of the Settlement, in addition to the amounts deposited into the Trust Land Consolidation Fund