50 U.S.C. § 4235: Compensation for community…

Summary

Pays money from a special Fund to make restitution for certain Aleut losses from World War II, but only if money is appropriated. The Secretary must set up a trust under Alaska law and run it with no more than seven trustees. Each affected Aleut village can give up to three people as trustee candidates, and the Secretary will pick up to seven after consulting village representatives and the Administrator. The trust will hold eight separate accounts: one for wartime residents of Attu and their descendants; six for the surviving affected villages (Akutan, Atka, Nikolski, Saint George, Saint Paul, and Unalaska); and one small account for other deserving Aleuts. Five percent of the money put into the trust goes to that small account. The rest is split among the Attu and village accounts in the same share as each village’s civilian Aleut population on June 1, 1942, compared to the total. Trustees may use account funds for things like help for elderly or disabled people with special need, scholarships, cultural preservation, improving community centers, and other improvements the trustees approve. Congress authorized $5,000,000 for these accounts. The Administrator must inventory church property damaged or lost during World War II and estimate replacement value, consulting trustees, village residents, church members and clergy. That report had to be sent to the Secretary within 1 year after August 10, 1988. The Secretary will review it and put an amount into the trust to compensate the affected churches. Trustees then distribute that money to the churches. Congress authorized $4,700,000 for this church compensation. The Secretary must also reimburse the Administrator for reasonable administrative and legal costs at least once a year, with funds authorized as needed.

Title 50, §4235

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(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 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 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 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)

(B)the benefit of students in need of scholarship assistance;

(C)the preservation of Aleut cultural heritage and historical records;

(D)the improvement of community centers in affected 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 after August 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 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 $4,700,000 to carry out this subsection.

(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 subchapter.

(2)Authorization of appropriations

There are authorized to be appropriated to the Fund such sums as are necessary to carry out this subsection.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 1989c–4 of the former Appendix to this title prior to editorial reclassification 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 reestablished. “(c) Use of Funds.—The funds appropriated pursuant to this Act shall be used solely for the renovation, replacement, and restoration of church property lost, damaged, or destroyed during World War II.”

§4235 Compensation for Community Losses