§4235 — Title 50 War and National Defense | U.S. Code

Summary

The law requires the Secretary to pay money from a special Fund to make up for certain Aleut losses from World War II, but only if money is provided. The Secretary must set up a trust under Alaska law and name no more than seven trustees. Each affected Aleut village can give three names for possible trustees, and the Secretary will pick up to seven after talking with village leaders, the Administrator, and the regional Corporation. The trustees must run the trust under Alaska law and rules set after consulting Aleut representatives. The trust must hold eight separate accounts: one for Attu wartime residents and their descendants, one each for Akutan, Atka, Nikolski, Saint George, Saint Paul, and Unalaska, and one for other deserving Aleuts who would not otherwise benefit. Trustees may use account money and earnings to help elderly, disabled, or seriously ill people with special needs; give scholarships to needy students; protect Aleut cultural history and records; improve village community centers; and pay for other things that improve Aleut life. Congress authorized $5,000,000 for these trust purposes. The Administrator must make an inventory and value estimate of church buildings and items lost or damaged in World War II, after talking with trustees, villagers, and church leaders, and send that report to the Secretary within one year after August 10, 1988. The Secretary will review the report and put into the trust an amount to fairly compensate for the church losses, and the trustees will distribute it to the churches. Congress authorized $4,700,000 for this. The Secretary must also reimburse the Administrator, at least once a year, for reasonable administrative and legal costs, with whatever funds are needed.

Title 50, §4235

War and National Defense — Source: USLM XML via OLRC

(a)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)(1)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)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)(1)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).

(2)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 on the basis of special need;

(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)There are authorized to be appropriated $5,000,000 to the Fund to carry out this subsection.

(d)(1)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)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)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)There are authorized to be appropriated to the Fund $4,700,000 to carry out this subsection.

(c)(1)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)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