§ 4235. Compensation for community losses

Footnotes

1. 1 So in original. Two subsecs. (c) have been enacted.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Aleutian and Pribilof Islands Restitution Act

   Pub. L. 100–383 title II § 205 · 102 Stat. 903

   Enacted · 50 U.S.C. § 4235

   Pub. L. 100–383, title II, § 205, Aug. 10, 1988, 102 Stat. 912

   Source evidence

   Code source credit
   Pub. L. 100–383, title II, § 205, Aug. 10, 1988, 102 Stat. 912

   Enacted provision · exact public law section
   SEC. 205. COMPENSATION FOR COMMUNITY LOSSES. (a) In General.— Subject to the availability of funds appropriated 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 availability 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 consultation with the Administrator, affected Aleut villages, and the Corporation, shall designate 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 consistent with the laws of the State of Alaska, and as prescribed by the Secretary, after consultation with representatives of eligible Aleuts, the residents of affected Aleut villages, and the Administrator. (c) Accounts for the 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 separate accounts in the trust for purposes of this subsection, as follows: (A) One account for the independent benefit of the war-time 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 Unalaska, respectively. (C) One account for the independent benefit of those Aleuts who, as determined by the Secretary, upon the advice of the trustees, are deserving but will not benefit directly from the accounts established under subparagraphs (A) and (B). The trustees shall credit to the account described in subparagraph (C) an amount equal to 5 percent of the principal amount deposited by the Secretary in the trust under this subsection. 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 population, as of June 1, 1942, of the village with respect 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 seriously ill persons Aged persons. on the basis of special need; (B) the benefit of students in need of scholarship assistance; Handicapped persons. Education. (C) the preservation of Aleut cultural heritage and Historic preservation. historical records; (D) the improvement of community centers in affected Community development. Aleut villages; and (E) other purposes to improve the condition 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 subsection. (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 Records. after the date of the enactment of this Act, 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 affected Aleut villages for church property lost, damaged, or destroyed during World War II. (3) Distribution of compensation.— The trustees shall distribute the amount deposited in the trust under paragraph (2) for the benefit of the churches referred to in this subsection. (4) Authorization of appropriations.— There are authorized to be appropriated to the Fund $1,400,000 to carry out this subsection. (c) Administrative and Legal Expenses.— (1) Reimbursement for expenses.— The Secretary shall reimburse the Administrator, not less often than annually, for reasonable and necessary administrative and legal expenses in carrying out the Administrator’s responsibilities under this title. (2) Authorization of appropriations.— There are authorized to be appropriated to the Fund such sums as are necessary to carry out this subsection.

2. 1994

   Pub. L. 103–402 § 1(a) · 108 Stat. 4174

   Substituted · 50 U.S.C. § 4235(d)(4)

   Pub. L. 103–402 substituted “$4,700,000” for “$1,400,000”

   Source evidence

   Code amendment note
   Subsec. (d)(4). Pub. L. 103–402 substituted “$4,700,000” for “$1,400,000”.

   Enacted provision · exact public law section
   (a) In General.— Section 205(d)(4) of the Aleutian and Pribilof Islands Restitution Act (50 U.S.C. App. 1989c–4(d)(4)) is amended by striking “$1,400,000” and inserting “$4,700,000”.

2 of 2 references resolved to an enrolled provision