II

107TH CONGRESS

1ST SESSION S. 1308

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

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,

3 SECTION 1. SHORT TITLE.

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

5 Fisheries Fund Act’’.

6 SEC. 2. DISTRIBUTION OF JUDGMENT FUNDS.

7 (a) FUNDS TO BE DEPOSITED INTO SEPARATE AC8 COUNTS.—Subject to section 3(c), the funds appropriated
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•S 1308 IS

1 on September 19, 1989, in satisfaction of an award grant2 ed to the Quinault Indian Nation under Dockets 772–71,

3 773–71, 774–71, and 775–71 before the United States

4 Claims Court, less attorney fees and litigation expenses,

5 and including all interest accrued to the date of disburse6 ment, shall be disbursed by the Secretary of the Interior

7 and deposited into 3 separate accounts to be established

8 and maintained by the Quinault Indian Nation (herein9 after in this Act referred to as the ‘‘Tribe’’) as follows:

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

11 judgment funds. Such funds shall be used to create

12 a Permanent Fisheries Fund. The principal funds

13 may not be expended by the Tribe and shall be in14 vested by the Tribe in accordance with the Tribe’s

15 investment policy.

16 (2) An account for the investment income

17 earned on the Permanent Fisheries Fund from the

18 date that the funds are disbursed under this section.

19 These funds shall be available for fisheries enhance20 ment projects and the costs associated with admin21 istering the Permanent Fisheries Fund. The specific

22 fisheries enhancement projects for which such funds

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

24 annual budget.
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1 (3) An account for the investment income

2 earned on the judgment funds from September 19,

3 1989, to the date of the disbursement of the funds

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

5 available to the Tribe for tribal government activi6 ties. The specific tribal government activities shall

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

8 (b) DETERMINATION OF AMOUNT OF FUNDS AVAIL9 ABLE.—The Quinault Business Committee, as the gov10 erning body of the Tribe, has the discretion to determine

11 the amount of funds available for expenditure under para12 graphs (2) and (3) of subsection (a) provided that the

13 amounts are specified in the Tribe’s approved annual

14 budget.

15 (c) ANNUAL AUDIT.—The records and investment ac16 tivities of the 3 accounts specified in subsection (a) shall

17 be maintained separately by the Tribe and shall be subject

18 to an annual audit.

19 (d) REPORTING OF INVESTMENT ACTIVITIES AND

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

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

22 fiscal year’s investment activities and expenditures from

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

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

25 membership.
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1 SEC. 3. GENERAL PROVISIONS.

2 (a) DEADLINE FOR DISBURSEMENT OF FUNDS.—

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

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

5 to the Tribe.

6 (b) UNITED STATES LIABILITY.—Upon disburse7 ment to the Tribe of the funds pursuant to this Act, the

8 United States shall no longer have any trust responsibility

9 or liability for the investment, supervision, administration,

10 or expenditure of the judgment funds.

11 (c) APPLICATION OF OTHER LAW.—All funds distrib12 uted under this Act are subject to the provisions of section

13 7 of the Indian Tribal Judgment Funds Use or Distribu14 tion Act (25 U.S.C. 1407), relating to the use or distribu15 tion of certain judgment funds awarded by the Indian

16 Claims Commission or the Court of Claims.

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