II

106TH CONGRESS

2D SESSION S. 2795

To provide for the use and distribution of the funds awarded to the Western

Shoshone identifiable group under Indian Claims Commission Docket

Numbers 326–A–1, 326–A–3, 326–K, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 27, 2000

Mr. REID introduced the following bill; which was read twice and referred to

the Committee on Indian Affairs

A BILL

To provide for the use and distribution of the funds awarded

to the Western Shoshone identifiable group under Indian

Claims Commission Docket Numbers 326–A–1, 326–A–

3, 326–K, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Western Shoshone

5 Claims Distribution Act’’.

6 SEC. 2. DISTRIBUTION OF DOCKET 326–K FUNDS.

7 The funds appropriated on December 19, 1979, in

8 satisfaction of an award granted to the Western Shoshone
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1 Indians in Docket Number 326–K before the Indian

2 Claims Commission, including all earned interest shall be

3 distributed as follows:

4 (1) The Secretary shall establish a Western

5 Shoshone Judgment Roll consisting of all Western

6 Shoshones who—

(A) have at least 1 7 ⁄4 degree of Western

8 Shoshone Blood;

9 (B) are citizens of the United States; and

10 (C) are living on the date of enactment of

11 this Act.

12 (2) Any individual determined or certified as el13 igible by the Secretary to receive a per capita pay14 ment from any other judgment fund awarded by the

15 Indian Claims Commission, the United States

16 Claims Court, or the United States Court of Federal

17 Claims, that was appropriated on or before the date

18 of enactment of this Act, shall not be eligible for en19 rollment under this Act.

20 (3) The Secretary shall publish in the Federal

21 Register rules and regulations governing the estab22 lishment of the Western Shoshone Judgment Roll

23 and shall utilize any documents acceptable to the

24 Secretary in establishing proof of eligibility. The
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1 Secretary’s determination on all applications for en2 rollment under this paragraph shall be final.

3 (4) Upon completing the Western Shoshone

4 Judgment Roll under paragraph (1), the Secretary

5 shall make a per capita distribution of 100 percent

6 of the funds described in this section, in a sum as

7 equal as possible, to each person listed on the Roll.

8 (5)(A) With respect to the distribution of funds

9 under this section, the per capita shares of living

10 competent adults who have reached the age of 19

11 years on the date of the distribution provided for

12 under paragraph (4), shall be paid directly to them.

13 (B) The per capita shares of deceased individ14 uals shall be distributed to their heirs and legatees

15 in accordance with regulations prescribed by the

16 Secretary.

17 (C) The shares of legally incompetent individ18 uals shall be administered pursuant to regulations

19 and procedures established by the Secretary under

20 section 3(b)(3) of Public Law 93–134 (25 U.S.C.

21 1403(b)(3)).

22 (D) The shares of minors and individuals who

23 are under the age of 19 years on the date of the dis24 tribution provided for under paragraph (4) shall be

25 held by the Secretary in supervised individual Indian
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1 money accounts. The funds from such accounts shall

2 be disbursed over a period of 4 years in payments

3 equaling 25 percent of the principal, plus the inter4 est earned on that portion of the per capita share.

5 The first payment shall be disbursed to individuals

6 who have reached the age of 18 years if such indi7 viduals are deemed legally competent. Subsequent

8 payments shall be disbursed within 90 days of the

9 individual’s following 3 birthdays.

10 (6) All funds distributed under this Act are

11 subject to the provisions of section 7 of Public Law

12 93–134 (25 U.S.C. 1407).

13 (7) All residual principal and interest funds re14 maining after the distribution under paragraph (4)

15 is complete shall be added to the principal funds

16 that are held and invested under section 3(1).

17 (8) All per capita shares belonging to living

18 competent adults certified as eligible to share in the

19 judgment fund distribution under this section, and

20 the interest earned on those shares, that remain un21 paid for a period of 6-years shall be added to the

22 principal funds that are held and invested under sec23 tion 3(1), except that in the case of a minor, such

24 6-year period shall not begin to run until the minor

25 reaches the age of majority.
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1 (9) Receipt of a share of the judgment funds

2 under this section shall not be construed as a waiver

3 of any existing treaty rights pursuant to the ‘‘1863

4 Treaty of Ruby Valley’’ inclusive of all articles I

5 through VIII and shall not prevent any Western

6 Shoshone Tribe or Band or individual Shoshone In7 dian from pursuing other rights guaranteed by law.

8 SEC. 3. DISTRIBUTION OF DOCKETS 326–A–1 AND 326–A–3.

9 The funds appropriated on March 23, 1992, and Au10 gust 21, 1995, in satisfaction of the awards granted to

11 the Western Shoshone Indians in Docket Numbers 326–

12 A–1 and 326–A–2 before the United States Court of

13 Claims, and the funds referred to under section 2, to14 gether with all earned interest, shall be distributed as fol15 lows:

16 (1)(A) Not later than 120 days after the date

17 of enactment of this Act, the Secretary shall estab18 lish in the Treasury of the United States a trust

19 fund to be known as the ‘‘Western Shoshone Edu20 cational Trust Fund’’ for the benefit of the Western

21 Shoshone members. There shall be credited to the

22 Trust Fund the amount described in the matter pre23 ceding this paragraph.

24 (B) The principal amount in the Trust Fund

25 shall not be expended or disbursed. Other amounts
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1 in the Trust Fund shall be invested as provided for

2 in section 1 of the Act of June 24, 1938 (25 U.S.C.

3 162a).

4 (C) All accumulated and future interest and in5 come from the Trust Fund shall be distributed as

6 educational and other grants, and as other forms of

7 assistance determined appropriate, to individual

8 Western Shoshone members as required under this

9 Act and to pay the reasonable and necessary ex10 penses of the Administrative Committee established

11 under paragraph (2) (as defined in the written rules

12 and procedures of such Committee). Funds under

13 this paragraph shall not be distributed on a per cap14 ita basis.

15 (2)(A) An Administrative Committee to oversee

16 the distribution of the education grants authorized

17 under paragraph (1) shall be established as provided

18 for in this paragraph.

19 (B) The Administrative Committee shall consist

20 of 1 representative from each of the following orga21 nizations:

22 (i) The Western Shoshone Te-Moak Tribe.

23 (ii) The Duckwater Shoshone Tribe.

24 (iii) The Yomba Shoshone Tribe.

25 (iv) The Ely Shoshone Tribe.
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1 (v) The Western Shoshone Business Coun2 cil of the Duck Valley Reservation, Fallon Band

3 of Western Shoshone.

4 (vi) The at large community.

5 (C) Each member of the Committee shall serve

6 for a term of 4-years. If a vacancy remains unfilled

7 in the membership of the Committee for a period in

8 excess of 60 days, the Committee shall appoint a re9 placement from among qualified members of the or10 ganization for which the replacement is being made

11 and such member shall serve until the organization

12 to be represented designates a replacement.

13 (D) The Secretary shall consult with the Com14 mittee on the management and investment of the

15 funds subject to distribution under this section.

16 (E) The Committee shall have the authority to

17 disburse the accumulated interest fund under this

18 Act in accordance with the terms of this Act. The

19 Committee shall be responsible for ensuring that the

20 funds provided through grants under paragraph (1)

21 are utilized in a manner consistent with the terms

22 of this Act. In accordance with paragraph (1)(C),

23 the Committee may use a portion of the interest

24 funds to pay all of the reasonable and necessary ex25 penses of the Committee, including per diem rates
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1 for attendance at meetings that are the same as for

2 those paid to Federal employees in the same geo3 graphic location.

4 (F) The Committee shall develop written rules

5 and procedures that include such matters as oper6 ating procedures, rules of conduct, scholarship fund

7 eligibility criteria (such criteria to be consistent with

8 this Act), application selection procedures, appeals

9 procedures, fund disbursement procedures, and fund

10 recoupment procedures. Such rules and procedures

11 shall be subject to the approval of the Secretary. A

12 portion of the interest funds, not to exceed

13 $100,000, under this Act may be used by the Com14 mittee to pay the expenses associated with devel15 oping such rules and procedures. At the discretion of

16 the Committee, and with the approval of the appro17 priate tribal governing body, jurisdiction to hear ap18 peals of the Committee’s decisions may be exercised

19 by a tribal court, or a court of Indian offenses oper20 ated under section 11 of title 25, Code of Federal

21 Regulations.

22 (G) The Committee shall employ an inde23 pendent certified public accountant to prepare an

24 annual financial statement that includes the oper25 ating expenses of the Committee and the total
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1 amount of scholarship fund disbursements for the

2 fiscal year for which the statement is being prepared

3 under this section. The Committee shall compile a

4 list of names of all individuals approved to receive

5 scholarship funds during such fiscal year. The finan6 cial statement and the list shall be distributed to

7 each organization referred to in this section and cop8 ies shall be made available to the Western Shoshone

9 members upon request.

10 SEC. 4. DEFINITIONS.

11 In this Act:

12 (1) SECRETARY.—The term ‘‘Secretary’’ means

13 the Secretary of the Interior.

14 (2) TRUST FUND.—The term ‘‘Trust Fund’’

15 means the Western Shoshone Educational Trust

16 Fund established under section 3(1).

17 (3) WESTERN SHOSHONE MEMBERS.—The term

18 ‘‘Western Shoshone members’’ means an individual

19 who appears on the Western Shoshone Judgment

20 Roll established under section 2(1), or an individual

21 who is the lineal descendant of an individual appear22 ing on the roll, and who—

23 (A) satisfies all eligibility criteria estab24 lished by the Administrative Committee under

25 section 3;
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1 (B) fulfills all application requirements es2 tablished by the Administrative Committee; and

3 (C) agrees to utilize tile funds in a manner

4 approved by the Administrative Committee for

5 educational or vocational training purposes.

6 SEC. 5. REGULATIONS.

7 The Secretary shall prescribe the enrollment regula8 tions necessary to carry out this Act.

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