II

Calendar No. 562

107TH CONGRESS

2D SESSION S. 1308

[Report No. 107–252]

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 SENATE OF THE UNITED STATES

AUGUST 2, 2001

Mrs. MURRAY (for herself and Ms. CANTWELL) introduced the following bill;

which was read twice and referred to the Committee on Indian Affairs

SEPTEMBER 3, 2002

Reported by Mr. INOUYE, without amendment

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,
2

•S 1308 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Quinault Permanent

3 Fisheries Fund Act’’.

4 SEC. 2. DISTRIBUTION OF JUDGMENT FUNDS.

5 (a) FUNDS TO BE DEPOSITED INTO SEPARATE AC6 COUNTS.—Subject to section 3(c), the funds appropriated

7 on September 19, 1989, in satisfaction of an award grant8 ed to the Quinault Indian Nation under Dockets 772–71,

9 773–71, 774–71, and 775–71 before the United States

10 Claims Court, less attorney fees and litigation expenses,

11 and including all interest accrued to the date of disburse12 ment, shall be disbursed by the Secretary of the Interior

13 and deposited into 3 separate accounts to be established

14 and maintained by the Quinault Indian Nation (herein15 after in this Act referred to as the ‘‘Tribe’’) as follows:

16 (1) An account for the principal amount of the

17 judgment funds. Such funds shall be used to create

18 a Permanent Fisheries Fund. The principal funds

19 may not be expended by the Tribe and shall be in20 vested by the Tribe in accordance with the Tribe’s

21 investment policy.

22 (2) An account for the investment income

23 earned on the Permanent Fisheries Fund from the

24 date that the funds are disbursed under this section.

25 These funds shall be available for fisheries enhance26 ment projects and the costs associated with admin-
3

•S 1308 RS

1 istering the Permanent Fisheries Fund. The specific

2 fisheries enhancement projects for which such funds

3 are used shall be specified in the Tribe’s approved

4 annual budget.

5 (3) An account for the investment income

6 earned on the judgment funds from September 19,

7 1989, to the date of the disbursement of the funds

8 to the Tribe under this section. These funds shall be

9 available to the Tribe for tribal government activi10 ties. The specific tribal government activities shall

11 be specified in the Tribe’s approved annual budget.

12 (b) DETERMINATION OF AMOUNT OF FUNDS AVAIL13 ABLE.—The Quinault Business Committee, as the gov14 erning body of the Tribe, has the discretion to determine

15 the amount of funds available for expenditure under para16 graphs (2) and (3) of subsection (a) provided that the

17 amounts are specified in the Tribe’s approved annual

18 budget.

19 (c) ANNUAL AUDIT.—The records and investment ac20 tivities of the 3 accounts specified in subsection (a) shall

21 be maintained separately by the Tribe and shall be subject

22 to an annual audit.

23 (d) REPORTING OF INVESTMENT ACTIVITIES AND

24 EXPENDITURES.—Not later than 120 days after the close

25 of the Tribe’s fiscal year, a full accounting of the previous
4

•S 1308 RS

1 fiscal year’s investment activities and expenditures from

2 all funds subject to this Act, which may be in the form

3 of the annual audit, shall be made available to the tribal

4 membership.

5 SEC. 3. GENERAL PROVISIONS.

6 (a) DEADLINE FOR DISBURSEMENT OF FUNDS.—

7 Not later than 30 days after the date of the enactment

8 of this Act, all funds subject to this Act shall be disbursed

9 to the Tribe.

10 (b) UNITED STATES LIABILITY.—Upon disburse11 ment to the Tribe of the funds pursuant to this Act, the

12 United States shall no longer have any trust responsibility

13 or liability for the investment, supervision, administration,

14 or expenditure of the judgment funds.

15 (c) APPLICATION OF OTHER LAW.—All funds distrib16 uted under this Act are subject to the provisions of section

17 7 of the Indian Tribal Judgment Funds Use or Distribu18 tion Act (25 U.S.C. 1407), relating to the use or distribu19 tion of certain judgment funds awarded by the Indian

20 Claims Commission or the Court of Claims.

Calendar No. 562

107TH CONGRESS

2D SESSION S. 1308

[Report No. 107–252]

A BILL

To provide for the use and distribution of the funds

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

SEPTEMBER 3, 2002

Reported without amendment