A bill to provide for the use and distribution of Clallam judgement funds in Docket No. 134 before the Indian Claims Commission, and for other purposes.
PL 97-402 (S.1340), enacted 12/31/1982

96 STAT. 2020 
PUBLIC LAW 97-402—DEC. 31, 1982 
Public Law 97-402 
97th Congress 
An Act 
Dec. 31, 1982 
[S. 1340] 
Indians. 
Clallam 
judgment funds. 
To provide for the use and distribution of Clallam judgment funds in docket num-
bered 134 before the Indian Claims Commission, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That, notwithstand-
ing any other provision of law, the funds appropriated by the Act of 
May 4, 1977 (91 Stat. 61), in satisfaction of a judgment awarded in 
favor of the Clallam Tribe of Indians of the State of Washington in 
Indian Claims Commission docket numbered 134, less attorney fees 
and litigation expenses, and including all interest and investment 
income accrued, shall be divided by the Secretary of the Interior 
(hereinafter referred to as the "Secretary"), in shares of one-third to 
each, as agreed to by the adoption of tribal resolutions cited in 
sections 2, 3, and 4 of this Act, among the Port Gamble Indian 
Community, the Lower Elwha Tribeil Community, and the James-
town Band of Clallam Indians. 
SEC. 2. The share of the funds apportioned to the Port Gamble 
Indian Community under the first section of this Act shall be used 
as provided in tribal resolution numbered 79-Al, dated January 9, 
1979, requiring that 80 per centum of such share be used in a 
revenue supplement fund for community projects and the balance in 
an investment program. 
SEC. 3. The share of the funds apportioned to the Lower Elwha 
Tribal Community under the first section of this Act shall be used as 
provided by tribal resolution numbered 8B-78, dated August 27, 
1978, requiring that up to 80 per centum of such share be used in a 
land acquisition program that includes the payment of an outstand-
ing loan on land purchased by the community and the balance in 
economic development projects for the benefit of all tribal members. 
SEC. 4. The share of the funds apportioned to the Jamestown Band 
of Clallam Indians under the first section of this Act shall be used as 
provided by resolution numbered 78-1, dated October 1,1978, requir-
ing that up to 50 per centum of such share be used in a land 
acquisition program and the balance in a business development 
program. 
SEC 5. (a) The shares of funds apportioned under the first section 
of this Act shall be advanced to the respective groups within 60 days 
of this Act: Provided, That in the case of the Jamestown Band, a 
formal organization has been approved by the Secretary. At the 
time the funds are advanced, the Secretary shall account to the 
respective groups for all investments made and income received 
smce May 4,1977. 
0)) Except as otherwise provided in this section, funds held and 
administered by the respective groups which are the subject of this 
Act, and income derived therefrom, shall be treated in the same 
fashion as if held in trust by the Secretary of the Interior: Provided, 
That such funds may be invested or expended by the respective 
PUBLIC LAW 97-402—DEC. 31, 1982 
96 STAT. 2021 
groups in accordance with their plans without requirement of prior 
approval by the Secretary. 
(c) Upon advancement of the funds to the respective groups the 
Secretary shall have no further trust responsibility for the invest-
ment, supervision, administration or expenditure of such funds, and 
the United State»s shall be exempt from any liability for such 
investment, supervision, administration or expenditure of such 
funds. 
J,.'.a- ; 
SEC. 6. None of the funds distributed under this Act shall be 
» .I<K "J 
subject to Federal or State income taxes or be considered £is income 
or resources in determining eligibility for or the eimount of assist-
ance under the Social Security Act. 
42 use 1305. 
Approved December 31, 1982. 
s 
i o 
LEGISLATIVE HISTORY—S. 1340: 
SENATE REPORT No. 97-654 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Dec. 3, considered and passed Senate. 
Dec. 17, considered and passed House.