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and the United States as defined by the Compact of Free
Association Act of 1985.
SEC. 3. RESPONSIBILITIES RELATING TO RONGELAP RE-
SETTLEMENT TRUST FUND.
(a) SECRETARY OF THE INTERIOR.—
(1) TRANSFER
OF
FUNDS
TO
TRUSTEE
OF
RONGELAP RESETTLEMENT TRUST FUND.—Consist-
ent with the Rongelap Resettlement Trust Fund
agreement between the Department of the Interior,
the Republic of the Marshall Islands, and the
Rongelap Atoll Local Government, dated May 13,
1992, funds appropriated in any fiscal year for the
purpose of increasing the corpus of the Rongelap
Resettlement Trust Fund shall be transferred by the
Secretary of the Interior to the trustee thereof, and
the Department of the Interior shall be administra-
tively responsible for effecting all such transfers of
funds appropriated for this purpose as required by
law.
(2) LIMITATION OF DEPARTMENT OF THE IN-
TERIOR ACTIVITIES TO THOSE PROVIDED BY TRUST
FUND AGREEMENT.—The activities of the Depart-
ment of the Interior with respect to management of
the Rongelap Resettlement Trust Fund shall be lim-
ited to those provided for in the trust fund agree-
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ment referred to in paragraph (1), as it may from
time to time be amended.
(b) TRUSTEE.—
(1) DUTIES, OBLIGATIONS AND LEGAL RESPON-
SIBILITIES.—The duties, obligations and legal re-
sponsibilities of the trustee with respect to the
Rongelap Resettlement Trust Fund shall be as set
forth in the trust fund agreement referred to in sub-
section (a)(1), to which the United States, the Re-
public of the Marshall Islands and the Rongelap
Atoll Local Government are parties with legal rights
and powers to enforce the terms of the trust as set
forth therein, and in applicable law.
(2) DISTRIBUTION OF FUNDS.—All funds con-
tributed to the Rongelap Resettlement Trust Fund
referred to in subsection (a) of this section shall be
distributed by the trustee and used as determined by
the Rongelap Atoll Local Government consistent
with applicable provisions of this Act, Public Law
102–154, and the resettlement plan submitted to the
United States Congress on March 15, 1995, in ac-
cordance with Report 103–551 of the House of Rep-
resentatives, and referred to in Rongelap Atoll Local
Government Council Resolution No. 95–20.
(c) AUDITS.—
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(1) IN GENERAL.—In addition, management or
use of trust assets shall be subject to the authority
of the Comptroller General of the United States to
conduct financial audits of all trust transactions and
activities, in the same manner as provided in section
110(c) of Public Law 99–239. The Inspector Gen-
eral of the Department of the Interior also shall be
authorized to audit the use of Rongelap Resettle-
ment Trust Fund assets.
(2) NOTICE REGARDING USE OF FUNDS OUT-
SIDE SCOPE OF TRUST.—If at any time it is deter-
mined by the cognizant audit authority that funds
distributed by the trustee to the Rongelap Atoll
Local Government have been used for purposes out-
side the statutory scope of the trust, such audit au-
thority shall, at a time and in a manner which is
lawful and does not interfere with any ongoing in-
vestigative process, law enforcement activity or other
activities or operations required under applicable
regulations and procedures, notify the chairman of
the Committee on Energy and Natural Resources of
the United States Senate, the chairman of the Com-
mittee on Resources of the United States House of
Representatives, the Republic of the Marshall Is-
lands, the Rongelap Atoll Local Government, and
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the trustee, of such determination so that the trust-
ee and the parties to the trust agreement may exer-
cise their legal rights and powers, including recovery
of such funds.
(d) RETENTION
OF UNITED STATES AUTHORITY
OVER TRUST FUND.—The United States Congress shall
retain its authority over the trust fund as set forth in the
trust agreement referred to in subsection (a)(1) and appli-
cable statutes, including Public Law 102–154.
SEC. 4. TRUSTEE AND OTHER FUND PERSONNEL.
(a) TRUSTEE QUALIFICATIONS.—The trustee of the
Rongelap Resettlement Trust Fund shall be a qualified
United States financial institution with considerable expe-
rience in the administration of similar trusts and which
serves as the trustee manager or custodian of over
$1,000,000,000 in assets. If the trustee on the date of
enactment of this Act does not meet the qualification cri-
teria, a new trustee which does satisfy these requirements
shall in due course be appointed subject to the procedures
set forth in the trust fund agreement referred to in section
3(a).
(b) INVESTMENT FUND MANAGERS AND ADVISERS
AND CONSULTANTS.—Investment fund managers and ad-
visers or consultants designated by the Rongelap Atoll
Local Government in accordance with the trust agreement
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to provide services in connection with management of the
Rongelap Resettlement Trust Fund must be registered
with the Securities and Exchange Commission and be in
compliance with applicable provisions of the Investment
Advisers Act of 1940 (15 U.S.C. 80b–1 et seq.)
SEC. 5. RESETTLEMENT EXPENDITURES AND ACTIVITIES.
(a) ACTIVITIES.—The Rongelap Atoll Local Govern-
ment shall have the discretion, to the extent determined
by the Rongelap Atoll Local Government Council acting
within its lawful authority, to include in the resettlement
program activities described in the Memorandum of Un-
derstanding of February 21, 1992, between the Depart-
ment of the Interior, Department of Energy, the Republic
of the Marshall Islands, and the Rongelap Atoll Local
Government.
(b) USE OF ANNUAL INCOME.—
(1) IN GENERAL.—With respect to each fiscal
year following the establishment of the Rongelap Re-
settlement Trust Fund pursuant to Public Law
102–154, the authority of the Rongelap Atoll Local
Government and the trustee, within the statutory
scope and purpose of the trust, shall include dis-
tribution of up to 50 percent of the annual income
(interest and earnings) of the trust fund, but in no
year more than $500,000, increased in accordance
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with paragraph (2), to provide local government sup-
port and programs for the benefit of the people of
Rongelap, including funding for food, shelter, medi-
cine, infant care, sanitation, personal hygiene and
other basic human needs arising from dislocation
and adjustment during resettlement, as well as local
government administrative and operations costs and
expenses arising directly from or which are directly
connected to the resettlement process.
(2) ADJUSTMENT.—The amount referred to in para-
graph (1) shall be increased annually by the same propor-
tion as the percentage increase in the United States
Consumer Price Index For All Urban Consumers (pub-
lished by the Bureau of Labor Statistics, Department of
Labor) for the most recent year preceding the date on
which the increase, if any, is calculated.
(c) AVAILABILITY OF ASSISTANCE FOR RESETTLE-
MENT IN THE MARSHALL ISLANDS OTHER THAN ON
RONGELAP.—
(1) GOAL OF RESETTLEMENT ON RONGELAP.—
The Congress supports the goal of enabling the en-
tire Rongelap community to achieve resettlement in
accordance with Resolution Number 95–20 adopted
by the Rongelap Atoll Local Government Council on
March 9, 1995, consistent with the findings of sci-
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be employed or benefits to be provided for those re-
settling at Rongelap Atoll for the purpose of mitigat-
ing risks posed by radiological conditions at
Rongelap.
(C) Any Rongelapese person receiving assist-
ance for resettlement at a location other than
Rongelap Atoll pursuant to subparagraph (A) shall
be ineligible for such assistance for the purposes of
resettling again later at Rongelap Atoll. The preced-
ing sentence shall cease to apply once all members
of the Rongelap community, as defined and recog-
nized by the Nuclear Claims Tribunal established
pursuant to section 177 of the Compact of Free As-
sociation (as contained in Public Law 99–239), have
received resettlement assistance at Rongelap or as-
sistance on the same basis, except as provided in
subparagraph (B), at another location of their
choosing.
(3) SCOPE OF TRUST.—The assistance activities
authorized in this section shall be deemed to be
within the scope of the trust notwithstanding any
provision of Public Law 102–154 to the contrary.
(d) FOOD
IMPORTATION.—The trustee of the
Rongelap Resettlement Trust Fund shall make no dis-
tribution from the corpus of the Trust which as a matter
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of prudent financial management in the judgment of the
trustee would be inconsistent with the objective of ensur-
ing that funds will be available for as long as the trust
fund agreement referred to in section 3(a)(1) is in effect
for the purpose of providing imported food and locally pro-
duced food which meets relevant health and safety stand-
ards in amounts sufficient to meet the nutritional needs
of the Rongelap community residing at Rongelap Atoll.
SEC. 6. TRANSFER OF UNEXPENDED AND UNOBLIGATED
FUNDS.
All funds appropriated pursuant to the authorization
contained in section 103(i) of Public Law 99–239 for sci-
entific radiological studies to determine the habitability of
Rongelap Island in the Republic of the Marshall Islands,
or which have been obligated for use by the ‘‘Rongelap
Resettlement Project’’ to support such studies, which as
of the date of enactment of this Act have not been ex-
pended shall be transferred to the Rongelap Atoll Local
Government and expended only pursuant to a budget ap-
proved by the Rongelap Local Government Council and
for activities consistent with the purposes for which such
funds were appropriated, including scientific research and
island rehabilitation measures connected to resettlement
of Rongelap.
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