IB 

Union Calendar No. 217

108TH CONGRESS 

1ST SESSION H. R. 2425

[Report No. 108–367] 

To provide for the use and distribution of the funds awarded to the Quinault 

Indian Nation under United States Claims Court Dockets 772–71, 773–

71, 774–71, and 775–71, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2003

Mr. DICKS introduced the following bill; which was referred to the Committee 

on Resources 

NOVEMBER 17, 2003 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 11, 2003] 

A BILL

To provide for the use and distribution of the funds awarded 

to the Quinault Indian Nation under United States 

Claims Court Dockets 772–71, 773–71, 774–71, and 

775–71, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. DISTRIBUTION OF JUDGMENT FUNDS. 

2 (a) FUNDS TO BE DEPOSITED INTO SEPARATE AC3 COUNTS.—

4 (1) IN GENERAL.—Subject to section 2, not later 

5 than 30 days after the date of enactment of this Act, 

6 the funds appropriated on September 19, 1989, in 

7 satisfaction of an award granted to the Quinault In8 dian Nation under Dockets 772–71, 773–71, 774–71, 

9 and 775–71 before the United States Claims Court, 

10 less attorney fees and litigation expenses, and includ11 ing all interest accrued to the date of disbursement, 

12 shall be distributed by the Secretary and deposited 

13 into 3 separate accounts to be established and main14 tained by the Quinault Indian Nation (referred to in 

15 this Act as the ‘‘Tribe’’) in accordance with this sub16 section. 

17 (2) ACCOUNT FOR PRINCIPAL AMOUNT.—

18 (A) IN GENERAL.—The Tribe shall—

19 (i) establish an account for the prin20 cipal amount of the judgment funds; and 

21 (ii) use those funds to establish a Per22 manent Fisheries Fund. 

23 (B) USE AND INVESTMENT.—The principal 

24 amount described in subparagraph (A)(i)—
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1 (i) except as provided in subparagraph 

2 (A)(ii), shall not be expended by the Tribe; 

3 and 

4 (ii) shall be invested by the Tribe in 

5 accordance with the investment policy of the 

6 Tribe. 

7 (3) ACCOUNT FOR INVESTMENT INCOME.—

8 (A) IN GENERAL.—The Tribe shall establish 

9 an account for, and deposit in the account, all 

10 investment income earned on amounts in the 

11 Permanent Fisheries Fund established under 

12 paragraph (2)(A)(ii) after the date of distribu13 tion of the funds to the Tribe under paragraph 

14 (1). 

15 (B) USE OF FUNDS.—Funds deposited in 

16 the account established under subparagraph (A) 

17 shall be available to the Tribe—

18 (i) subject to subparagraph (C), to 

19 carry out fisheries enhancement projects; 

20 and 

21 (ii) pay expenses incurred in admin22 istering the Permanent Fisheries Fund es23 tablished under paragraph (2)(A)(ii). 

24 (C) SPECIFICATION OF PROJECTS.—Each 

25 fisheries enhancement project carried out under 
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1 subparagraph (B)(i) shall be specified in the ap2 proved annual budget of the Tribe. 

3 (4) ACCOUNT FOR INCOME ON JUDGMENT

4 FUNDS.—

5 (A) IN GENERAL.—The Tribe shall establish 

6 an account for, and deposit in the account, all 

7 investment income earned on the judgment funds 

8 described in subsection (a) during the period be9 ginning on September 19, 1989, and ending on 

10 the date of distribution of the funds to the Tribe 

11 under paragraph (1). 

12 (B) USE OF FUNDS.—

13 (i) IN GENERAL.—Subject to clause 

14 (ii), funds deposited in the account estab15 lished under subparagraph (A) shall be 

16 available to the Tribe for use in carrying 

17 out tribal government activities. 

18 (ii) SPECIFICATION OF ACTIVITIES.—

19 Each tribal government activity carried out 

20 under clause (i) shall be specified in the ap21 proved annual budget of the Tribe. 

22 (b) DETERMINATION OF AMOUNT OF FUNDS AVAIL23 ABLE.—Subject to compliance by the Tribe with paragraphs 

24 (3)(C) and (4)(B)(ii) of subsection (a), the Quinault Busi25 ness Committee, as the governing body of the Tribe, may 
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1 determine the amount of funds available for expenditure 

2 under paragraphs (3) and (4) of subsection (a). 

3 (c) ANNUAL AUDIT.—The records and investment ac4 tivities of the 3 accounts established under subsection (a) 

5 shall—

6 (1) be maintained separately by the Tribe; and 

7 (2) be subject to an annual audit. 

8 (d) REPORTING OF INVESTMENT ACTIVITIES AND EX9 PENDITURES.—Not later than 120 days after the date on 

10 which each fiscal year of the Tribe ends, the Tribe shall 

11 make available to members of the Tribe a full accounting 

12 of the investment activities and expenditures of the Tribe 

13 with respect to each fund established under this section 

14 (which may be in the form of the annual audit described 

15 in subsection (c)) for the fiscal year. 

16 SEC. 2. CONDITIONS FOR DISTRIBUTION. 

17 (a) UNITED STATES LIABILITY.—On disbursement to 

18 the Tribe of the funds under section 1(a), the United States 

19 shall bear no trust responsibility or liability for the invest20 ment, supervision, administration, or expenditure of the 

21 funds. 

22 (b) APPLICATION OF OTHER LAW.—All funds distrib23 uted under this Act shall be subject to section 7 of the In24 dian Tribal Judgment Funds Use or Distribution Act (25 

25 U.S.C. 1407). 
Union Calendar No. 217

108TH CONGRESS 

1ST SESSION H. R. 2425

[Report No. 108–367] 

A BILL

To provide for the use and distribution of the funds 

awarded to the Quinault Indian Nation under United States Claims Court Dockets 772–71, 773–71, 774–71, and 775–71, and for other purposes. 

NOVEMBER 17, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed