50 U.S.C. § 4235 — Compensation for community losses

Page 1051 TITLE 50—WAR AND NATIONAL DEFENSE § 4235 1 So in original. Two subsecs. (c) have been enacted. (Pub. L. 100–383, title II, § 202, Aug. 10, 1988, 102 Stat. 911.) Editorial Notes CODIFICATION Section was formerly classified to section 1989c–1 of the former Appendix to this title prior to editorial re- classification and renumbering as this section. § 4233. Aleutian and Pribilof Islands Restitution Fund (a) Establishment There is established in the Treasury of the United States the Aleutian and Pribilof Islands Restitution Fund, which shall be administered by the Secretary. The Fund shall consist of amounts appropriated to it pursuant to this sub- chapter. (b) Report The Secretary shall report to the Congress, not later than 60 days after the end of each fis- cal year, on the financial condition of the Fund, and the results of operations of the Fund, during the preceding fiscal year and on the expected fi- nancial condition and operations of the Fund during the current fiscal year. (c) Investment Amounts in the Fund shall be invested in ac- cordance with section 9702 of title 31. (d) Termination The Secretary shall terminate the Fund 3 years after August 10, 1988, or 1 year following disbursement of all payments from the Fund, as authorized by this subchapter, whichever occurs later. On the date the Fund is terminated, all in- vestments of amounts in the Fund shall be liq- uidated by the Secretary and receipts thereof deposited in the Fund and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury. (Pub. L. 100–383, title II, § 203, Aug. 10, 1988, 102 Stat. 911.) Editorial Notes CODIFICATION Section was formerly classified to section 1989c–2 of the former Appendix to this title prior to editorial re- classification and renumbering as this section. Statutory Notes and Related Subsidiaries REESTABLISHMENT OF FUND; USE OF FUNDS For provisions that the Fund, if terminated pursuant to subsec. (d) of this section, is to be reestablished upon appropriation of additional funds, and restricting use of appropriated funds, see section 1(b), (c), of Pub. L. 103–402, set out as a note under section 4235 of this title. § 4234. Appointment of Administrator As soon as practicable after August 10, 1988, the Secretary shall offer to undertake negotia- tions with the Association, leading to the execu- tion of an agreement with the Association to serve as Administrator under this subchapter. The Secretary may appoint the Association as Administrator if such agreement is reached within 90 days after August 10, 1988. If no such agreement is reached within such period, the Secretary shall appoint another person as Ad- ministrator under this subchapter, after con- sultation with leaders of affected Aleut villages and the Corporation. (Pub. L. 100–383, title II, § 204, Aug. 10, 1988, 102 Stat. 912.) Editorial Notes CODIFICATION Section was formerly classified to section 1989c–3 of the former Appendix to this title prior to editorial re- classification and renumbering as this section. § 4235. Compensation for community losses (a) In general Subject to the availability of funds appro- priated to the Fund, the Secretary shall make payments from the Fund, in accordance with this section, as restitution for certain Aleut losses sustained in World War II. (b) Trust (1) Establishment The Secretary shall, subject to the avail- ability of funds appropriated for this purpose, establish a trust for the purposes set forth in this section. Such trust shall be established pursuant to the laws of the State of Alaska, and shall be maintained and operated by not more than seven trustees, as designated by the Secretary. Each affected Aleut village may submit to the Administrator a list of three prospective trustees. The Secretary, after con- sultation with the Administrator, affected Aleut villages, and the Corporation, shall des- ignate not more than seven trustees from such lists as submitted. (2) Administration of trust The trust established under this subsection shall be administered in a manner that is con- sistent with the laws of the State of Alaska, and as prescribed by the Secretary, after con- sultation with representatives of eligible Aleuts, the residents of affected Aleut vil- lages, and the Administrator. (c) 1 Accounts for benefit of Aleuts (1) In general The Secretary shall deposit in the trust such sums as may be appropriated for the purposes set forth in this subsection. The trustees shall maintain and operate 8 independent and sepa- rate accounts in the trust for purposes of this subsection, as follows: (A) One account for the independent ben- efit of the wartime Aleut residents of Attu and their descendants. (B) Six accounts for the benefit of the 6 surviving affected Aleut villages, one each for the independent benefit of Akutan, Atka, Nikolski, Saint George, Saint Paul, and Un- alaska, respectively. (C) One account for the independent ben- efit of those Aleuts who, as determined by the Secretary, upon the advice of the trust- Page 1052 TITLE 50—WAR AND NATIONAL DEFENSE § 4236 ees, are deserving but will not benefit di- rectly from the accounts established under subparagraphs (A) and (B). The trustees shall credit to the account de- scribed in subparagraph (C) an amount equal to 5 percent of the principal amount deposited by the Secretary in the trust under this sub- section. Of the remaining principal amount, an amount shall be credited to each account described in subparagraphs (A) and (B) which bears the same proportion to such remaining principal amount as the Aleut civilian popu- lation, as of June 1, 1942, of the village with re- spect to which such account is established bears to the total civilian Aleut population on such date of all affected Aleut villages. (2) Uses of accounts The trustees may use the principal, accrued interest, and other earnings of the accounts maintained under paragraph (1) for— (A) the benefit of elderly, disabled, or seri- ously ill persons on the basis of special need; (B) the benefit of students in need of schol- arship assistance; (C) the preservation of Aleut cultural her- itage and historical records; (D) the improvement of community cen- ters in affected Aleut villages; and (E) other purposes to improve the condi- tion of Aleut life, as determined by the trustees. (3) Authorization of appropriations There are authorized to be appropriated $5,000,000 to the Fund to carry out this sub- section. (d) Compensation for damaged or destroyed church property (1) Inventory and assessment of property The Administrator shall make an inventory and assessment of real and personal church property of affected Aleut villages which was damaged or destroyed during World War II. In making such inventory and assessment, the Administrator shall consult with the trustees of the trust established under subsection (b), residents of affected Aleut villages, affected church members and leaders, and the clergy of the churches involved. Within 1 year after Au- gust 10, 1988, the Administrator shall submit such inventory and assessment, together with an estimate of the present replacement value of lost or destroyed furnishings and artifacts, to the Secretary. (2) Review by the Secretary; deposit in the trust The Secretary shall review the inventory and assessment provided under paragraph (1), and shall deposit in the trust established under subsection (b) an amount reasonably calculated by the Secretary to compensate af- fected Aleut villages for church property lost, damaged, or destroyed during World War II. (3) Distribution of compensation The trustees shall distribute the amount de- posited in the trust under paragraph (2) for the benefit of the churches referred to in this sub- section. (4) Authorization of appropriations There are authorized to be appropriated to the Fund $4,700,000 to carry out this sub- section. (c) 1 Administrative and legal expenses (1) Reimbursement for expenses The Secretary shall reimburse the Adminis- trator, not less often than annually, for rea- sonable and necessary administrative and legal expenses in carrying out the Administra- tor’s responsibilities under this subchapter. (2) Authorization of appropriations There are authorized to be appropriated to the Fund such sums as are necessary to carry out this subsection. (Pub. L. 100–383, title II, § 205, Aug. 10, 1988, 102 Stat. 912; Pub. L. 103–402, § 1(a), Oct. 22, 1994, 108 Stat. 4174.) Editorial Notes CODIFICATION Section was formerly classified to section 1989c–4 of the former Appendix to this title prior to editorial re- classification and renumbering as this section. AMENDMENTS 1994—Subsec. (d)(4). Pub. L. 103–402 substituted ‘‘$4,700,000’’ for ‘‘$1,400,000’’. Statutory Notes and Related Subsidiaries REESTABLISHMENT OF FUND; USE OF FUNDS Pub. L. 103–402, § 1(b), (c), Oct. 22, 1994, 108 Stat. 4174, provided that: ‘‘(b) FUND.—If the Fund referred to in section 205(a) of the Aleutian and Pribilof Islands Restitution Act (50 U.S.C. App. 1989c–4(a)) [now 50 U.S.C. 4235(a)] has been terminated pursuant to section 203(d) of such Act (50 U.S.C. App. 1989c–2(d)) [now 50 U.S.C. 4233(d)], upon the appropriation of additional funds pursuant to this Act [amending this section], the Fund shall be reestab- lished. ‘‘(c) USE OF FUNDS.—The funds appropriated pursuant to this Act shall be used solely for the renovation, re- placement, and restoration of church property lost, damaged, or destroyed during World War II.’’ § 4236. Individual compensation of eligible Aleuts (a) Payments to eligible Aleuts In addition to payments made under section 4235 of this title, the Secretary shall, in accord- ance with this section, make per capita pay- ments out of the Fund to eligible Aleuts. The Secretary shall pay, subject to the availability of funds appropriated to the Fund for such pay- ments, to each eligible Aleut the sum of $12,000. (b) Assistance of Attorney General The Secretary may request the Attorney Gen- eral to provide reasonable assistance in locating eligible Aleuts residing outside the affected Aleut villages, and upon such request, the Attor- ney General shall provide such assistance. In so doing, the Attorney General may use available facilities and resources of the International Committee of the Red Cross and other organiza- tions. (c) Assistance of Administrator The Secretary may request the assistance of the Administrator in identifying and locating eligible Aleuts for purposes of this section.