Collapse to view only § 4239. Severability
- § 4231. Short title
- § 4232. Definitions
- § 4233. Aleutian and Pribilof Islands Restitution Fund
- § 4234. Appointment of Administrator
- § 4235. Compensation for community losses
- § 4236. Individual compensation of eligible Aleuts
- § 4237. Attu Island restitution program
- § 4238. Compliance with Budget Act
- § 4239. Severability
§ 4231. Short title
This subchapter may be cited as the “Aleutian and Pribilof Islands Restitution Act”.
(Pub. L. 100–383, title II, § 201, Aug. 10, 1988, 102 Stat. 911.)
§ 4232. DefinitionsAs used in this subchapter—
(1) the term “Administrator” means the person appointed by the Secretary under section 4234 of this title;
(2) the term “affected Aleut villages” means the surviving Aleut villages of Akutan, Atka, Nikolski, Saint George, Saint Paul, and Unalaska, and the Aleut village of Attu, Alaska;
(3) the term “Association” means the Aleutian/Pribilof Islands Association, Inc., a nonprofit regional corporation established for the benefit of the Aleut people and organized under the laws of the State of Alaska;
(4) the term “Corporation” means the Aleut Corporation, a for-profit regional corporation for the Aleut region organized under the laws of the State of Alaska and established under section 1606 of title 43;
(5) the term “eligible Aleut” means any Aleut living on August 10, 1988—
(A) who, as a civilian, was relocated by authority of the United States from his or her home village on the Pribilof Islands or the Aleutian Islands west of Unimak Island to an internment camp, or other temporary facility or location, during World War II; or
(B) who was born while his or her natural mother was subject to such relocation;
(6) the term “Secretary” means the Secretary of the Interior;
(7) the term “Fund” means the Aleutian and Pribilof Islands Restitution Fund established in section 4233 of this title; and
(8) the term “World War II” means the period beginning on December 7, 1941, and ending on September 2, 1945.
(Pub. L. 100–383, title II, § 202, Aug. 10, 1988, 102 Stat. 911.)
§ 4233. Aleutian and Pribilof Islands Restitution Fund
(a) Establishment
(b) Report
(c) Investment
(d) Termination
(Pub. L. 100–383, title II, § 203, Aug. 10, 1988, 102 Stat. 911.)
§ 4234. Appointment of Administrator
As soon as practicable after August 10, 1988, the Secretary shall offer to undertake negotiations with the Association, leading to the execution 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 Administrator under this subchapter, after consultation with leaders of affected Aleut villages and the Corporation.
(Pub. L. 100–383, title II, § 204, Aug. 10, 1988, 102 Stat. 912.)
§ 4235. Compensation for community losses
(a) In general
(b) Trust
(1) Establishment
(2) Administration of trust
(c)1
1 So in original. Two subsecs. (c) have been enacted.
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) 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) Authorization of appropriations
(d) Compensation for damaged or destroyed church property
(1) Inventory and assessment of property
(2) Review by the Secretary; deposit in the trust
(3) Distribution of compensation
(4) Authorization of appropriations
(c)1 Administrative and legal expenses
(1) Reimbursement for expenses
(2) Authorization of appropriations
(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.)
§ 4236. Individual compensation of eligible Aleuts
(a) Payments to eligible Aleuts
(b) Assistance of Attorney General
(c) Assistance of Administrator
(d) Clarification of treatment of payments under other laws
Amounts paid to an eligible Aleut under this section—
(1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering, and
(2) shall not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of title 31 or the amount of such benefits.
(e) Payment in full settlement of claims against United States
(f) Authorization of appropriations
(Pub. L. 100–383, title II, § 206, Aug. 10, 1988, 102 Stat. 914.)
§ 4237. Attu Island restitution program
(a) Purpose of section
(b) Acreage determination
(c) Valuation
(1) Determination of value
Not later than 120 days after August 10, 1988, the Secretary shall determine the value of the Attu Island acreage determined under subsection (b), except that—
(A) such acreage may not be valued at less than $350 per acre nor more than $500 per acre; and
(B) the total valuation of all such acreage may not exceed $15,000,000.
(2) Factors in making determination
In determining the value of the acreage under paragraph (1), the Secretary shall take into consideration such factors as the Secretary considers appropriate, including—
(A) fair market value;
(B) environmental and public interest value; and
(C) established precedents for valuation of comparable wilderness lands in the State of Alaska.
(3) Notification of determination; appeal
(d) In lieu compensation payment
(1) Payment
(2) Payment in full settlement of claims against the United States
(e) Village site conveyance
(f) Authorization of appropriations
(Pub. L. 100–383, title II, § 207, Aug. 10, 1988, 102 Stat. 914.)
§ 4238. Compliance with Budget Act
No authority under this subchapter to enter into contracts or to make payments shall be effective in any fiscal year except to such extent and in such amounts as are provided in advance in appropriations Acts. In any fiscal year, the Secretary, with respect to—
(1) the Fund established under section 4233 of this title,
(2) the trust established under section 4235(b) of this title, and
(3) the provisions of sections 4236 and 4237 of this title,
shall limit the total benefits conferred to an amount not in excess of the appropriations for such fiscal year. Any provision of this subchapter which, directly or indirectly, authorizes the enactment of new budget authority shall be effective only for fiscal year 1989 and thereafter.
(Pub. L. 100–383, title II, § 208, Aug. 10, 1988, 102 Stat. 916.)
§ 4239. Severability
If any provision of this subchapter, or the application of such provision to any person or circumstance, is held invalid, the remainder of this subchapter and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by such invalidation.
(Pub. L. 100–383, title II, § 209, Aug. 10, 1988, 102 Stat. 916.)