107TH CONGRESS

2D SESSION S. 1308

AN ACT

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’’.
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1 SEC. 2. DISTRIBUTION OF JUDGMENT FUNDS.

2 (a) FUNDS TO BE DEPOSITED INTO SEPARATE AC3 COUNTS.—Subject to section 3(c), the funds appropriated

4 on September 19, 1989, in satisfaction of an award grant5 ed to the Quinault Indian Nation under Dockets 772–71,

6 773–71, 774–71, and 775–71 before the United States

7 Claims Court, less attorney fees and litigation expenses,

8 and including all interest accrued to the date of disburse9 ment, shall be disbursed by the Secretary of the Interior

10 and deposited into 3 separate accounts to be established

11 and maintained by the Quinault Indian Nation (herein12 after in this Act referred to as the ‘‘Tribe’’) as follows:

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

14 judgment funds. Such funds shall be used to create

15 a Permanent Fisheries Fund. The principal funds

16 may not be expended by the Tribe and shall be in17 vested by the Tribe in accordance with the Tribe’s

18 investment policy.

19 (2) An account for the investment income

20 earned on the Permanent Fisheries Fund from the

21 date that the funds are disbursed under this section.

22 These funds shall be available for fisheries enhance23 ment projects and the costs associated with admin24 istering the Permanent Fisheries Fund. The specific

25 fisheries enhancement projects for which such funds
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S 1308 ES

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

2 annual budget.

3 (3) An account for the investment income

4 earned on the judgment funds from September 19,

5 1989, to the date of the disbursement of the funds

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

7 available to the Tribe for tribal government activi8 ties. The specific tribal government activities shall

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

10 (b) DETERMINATION OF AMOUNT OF FUNDS AVAIL11 ABLE.—The Quinault Business Committee, as the gov12 erning body of the Tribe, has the discretion to determine

13 the amount of funds available for expenditure under para14 graphs (2) and (3) of subsection (a) provided that the

15 amounts are specified in the Tribe’s approved annual

16 budget.

17 (c) ANNUAL AUDIT.—The records and investment ac18 tivities of the 3 accounts specified in subsection (a) shall

19 be maintained separately by the Tribe and shall be subject

20 to an annual audit.

21 (d) REPORTING OF INVESTMENT ACTIVITIES AND

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

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

24 fiscal year’s investment activities and expenditures from

25 all funds subject to this Act, which may be in the form
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1 of the annual audit, shall be made available to the tribal

2 membership.

3 SEC. 3. GENERAL PROVISIONS.

4 (a) DEADLINE FOR DISBURSEMENT OF FUNDS.—

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

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

7 to the Tribe.

8 (b) UNITED STATES LIABILITY.—Upon disburse9 ment to the Tribe of the funds pursuant to this Act, the

10 United States shall no longer have any trust responsibility

11 or liability for the investment, supervision, administration,

12 or expenditure of the judgment funds.

13 (c) APPLICATION OF OTHER LAW.—All funds distrib14 uted under this Act are subject to the provisions of section

15 7 of the Indian Tribal Judgment Funds Use or Distribu16 tion Act (25 U.S.C. 1407), relating to the use or distribu17 tion of certain judgment funds awarded by the Indian

18 Claims Commission or the Court of Claims.

Passed the Senate September 18, 2002.

Attest:

Secretary.
107TH CONGRESS

2D SESSION S. 1308

AN ACT

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.