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Calendar No. 562
107th Congress Report
2d Session 107-252
PROVIDING FOR THE USE AND DISTRIBUTION OF THE FUNDS AWARDED TO THE
QUINAULT INDIAN NATION UNDER UNITED STATES CLAIMS COURT DOCKETS 772-71,
773-71, 774-71, AND 775-71 AND FOR OTHER PURPOSES
September 3, 2002.--Ordered to be printed
Mr. Inouye, from the Committee on Indian Affairs, submitted the
R E P O R T
[To accompany S. 1308]
The Committee on Indian Affairs, to which was referred the
bill S. 1308 to provide for the use and distribution of the
funds awarded to the Quinault Indian Nation under United States
Claims Court Dockets 772-71, 773-71, 774-71, and 775-71 and for
other purposes have considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
The purpose of S. 1308 is to authorize the transfer of
funds that were awarded to the Quinault Indian Nation from the
Department of Interior to the Quinault Indian Nation and to
establish 3 separate accounts into which specified monies will
be deposited and used for certain purposes.
BACKGROUND AND NEED
In 1989, the United States Claims Court awarded the
Quinault Nation $600,000 as compensation for damages to the
tribe's salmon fishery caused by certain forestry and logging
practices. The Department of Interior currently holds these
funds in trust, and Federal legislation is required to
authorize the transfer of funds to the Quinault Nation. There
will be three separate accounts established. The first account,
a Permanent Fisheries Fund, will consist of the remaining
principal balance of the judgment funds, which is now $540,000
after legal fees. The funds in the Permanent Fisheries Fund may
not be expended. The second account will consist of the
investment income generated from the Permanent Fisheries Fund
after the date of distribution of the funds to the Tribe. These
funds may be used for fisheries enhancement projects and the
costs associated with administering the Permanent Fisheries
Fund. The third account will consist of the interest earned on
the principal judgment funds since 1989, the date of the award
to the Tribe, to the date of distribution to the Tribe. These
funds may be used for tribal government activities.
S. 1308, the Quinault Permanent Fisheries Fund Act, was
introduced by Senator Murray, for herself, and Senator Cantwell
on August 2, 2001, and was referred to the Committee on Indian
Affairs. A companion measure, H.R. 2524, was introduced by
Representative Norm Dicks in the House of Representatives on
July 17, 2001. On March 21, 2002, the Committee favorably
reported S. 1308 to the full Senate.
Section 1. Short Title. Section 1 provides the Short Title
of the Act as the ``Quinault Permanent Fisheries Fund Act.''
Section 2. Distribution of Judgment Funds. Subsection (a)
authorizes the establishment of three separate accounts in
which specified funds are to be deposited. The first account, a
Permanent Fisheries Fund, will consist of the principal amount
of the judgment funds. These funds shall be invested by the
Tribe in accordance with the Tribe's investment policy and may
not be expended. The second account will consist of investment
income earned on the Permanent Fisheries Fund from the date
that the judgment funds are distributed to the Tribe and
forward. These funds may be used for fisheries enhancement
projects and the costs associated with administering the
Permanent Fisheries Fund. The third account shall consist of
the investment income earned on the judgment funds from
September 19, 1989, to the date of disbursement of the funds to
the Tribe. These funds may be used for tribal government
activities specified in the Tribe's approved annual budget.
Subsection (b) provides that the Tribe has discretionary
authority to determine the amount of funds available for
expenditure under the second and third accounts.
Subsection (c) requires the Tribe to maintain the records
and investment activities of the three accounts separately. The
records and activities shall be audited annually.
Subsection (d) mandates that a full accounting of the
previous fiscal year's investment activities and expenditures
from all funds shall be made available to the tribal membership
no later than 120 days after the close of the Tribe's fiscal
Section 3. General Provisions. Section 3 provides for the
judgment funds to be disbursed to the Tribe not later than 30
days after enactment of this Act. It also relieves the United
States of all trust responsibility and liability for the
investment, supervision, administration, or expenditure of the
judgment funds once the funds are disbursed to the Tribe.
Finally, the funds distributed shall be subject to section 7 of
the Indian Tribal Judgment Funds Use or Distribution Act,
relating to the use or distribution of certain judgment funds
awarded by the Indian Claims Commission or the Court of Claims.
COMMITTEE RECOMMENDATION AND TABULATION OF VOTE
The Committee on Indian Affairs, in an open business
session on March 21, 2002, ordered S. 1308 to be reported
favorably to the Senate.
COST AND BUDGETARY CONSIDERATIONS
The cost estimate for S. 1308 as provided by the
Congressional Budget Office is set forth below:
S. 1308--Quinault Permanent Fisheries Fund Act
S. 1308 would direct the Secretary of the Interior to
distribute a judgment awarded to the Quinault Indian Tribe in
1989. About $1 million in judgments and accumulated interest is
being held in a trust fund on behalf of the tribe; however, the
Secretary does not have the authority to distribute the funds
without Congressional action. S. 1308 would allow the tribe to
withdraw the $600,000 award and over $600,000 in interest from
Based on information from the Department of the Interior,
CBO estimates that enacting S. 1308 would cost about $1 million
in 2002 for the payment to the tribe. Because S. 1308 would
result in direct spending, pay-as-you-go procedures would
apply. S. 1308 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Enactment of this legislation would benefit the Quinault Indian
The CBO staff contact for this estimate is Lanette J.
Walker. This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
The position of the Administration on S. 1308 has not been
REGULATORY AND PAPERWORK IMPACT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee finds that S. 1308 will
not require the promulgation of regulations so the regulatory
and paperwork impact should be minimal, if any.
CHANGES IN EXISTING LAW
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by a
bill are required to be set forth in the accompanying Committee
report. There are no changes in existing law.