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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 884 Enrolled Bill (ENR)]

        H.R.884

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 An Act

 
  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, and 326-K, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Western Shoshone Claims Distribution 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
        (1) Committee.--The term ``Committee'' means the administrative 
    committee established under section 4(c)(1).
        (2) Western shoshone joint judgment funds.--The term ``Western 
    Shoshone joint judgment funds'' means--
            (A) the funds appropriated in satisfaction of the judgment 
        awards granted to the Western Shoshone Indians in Docket 
        Numbers 326-A-1 and 326-A-3 before the United States Court of 
        Claims; and
            (B) all interest earned on those funds.
        (3) Western shoshone judgment funds.--The term ``Western 
    Shoshone judgment funds'' means--
            (A) the funds appropriated in satisfaction of the judgment 
        award granted to the Western Shoshone Indians in Docket Number 
        326-K before the Indian Claims Commission; and
            (B) all interest earned on those funds.
        (4) Judgment roll.--The term ``judgment roll'' means the 
    Western Shoshone judgment roll established by the Secretary under 
    section 3(b)(1).
        (5) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (6) Trust fund.--The term ``Trust Fund'' means the Western 
    Shoshone Educational Trust Fund established under section 4(b)(1).
        (7) Western shoshone member.--The term ``Western Shoshone 
    member'' means an individual who--
            (A)(i) appears on the judgment roll; or
            (ii) is the lineal descendant of an individual appearing on 
        the roll; and
            (B)(i) satisfies all eligibility criteria established by 
        the Committee under section 4(c)(4)(D)(iii);
            (ii) meets any application requirements established by the 
        Committee; and
            (iii) agrees to use funds distributed in accordance with 
        section 4(b)(2)(B) for educational purposes approved by the 
        Committee.

SEC. 3. DISTRIBUTION OF WESTERN SHOSHONE JUDGMENT FUNDS.

    (a) In General.--The Western Shoshone judgment funds shall be 
distributed in accordance with this section.
    (b) Judgment Roll.--
        (1) In general.--The Secretary shall establish a Western 
    Shoshone judgment roll consisting of all individuals who--
            (A) have at least \1/4\ degree of Western Shoshone blood;
            (B) are citizens of the United States; and
            (C) are living on the date of enactment of this Act.
        (2) Ineligible individuals.--Any individual that is certified 
    by the Secretary to be eligible to receive a per capita payment 
    from any other judgment fund based on an aboriginal land claim 
    awarded by the Indian Claims Commission, the United States Claims 
    Court, or the United States Court of Federal Claims, that was 
    appropriated on or before the date of enactment of this Act, shall 
    not be listed on the judgment roll.
        (3) Regulations regarding judgment roll.--The Secretary shall--
            (A) publish in the Federal Register all regulations 
        governing the establishment of the judgment roll; and
            (B) use any documents acceptable to the Secretary in 
        establishing proof of eligibility of an individual to--
                (i) be listed on the judgment roll; and
                (ii) receive a per capita payment under this Act.
        (4) Finality of determination.--The determination of the 
    Secretary on an application of an individual to be listed on the 
    judgment roll shall be final.
    (c) Distribution.--
        (1) In general.--On establishment of the judgment roll, the 
    Secretary shall make a per capita distribution of 100 percent of 
    the Western Shoshone judgment funds, in shares as equal as 
    practicable, to each person listed on the judgment roll.
        (2) Requirements for distribution payments.--
            (A) Living competent individuals.--The per capita share of 
        a living, competent individual who is 19 years or older on the 
        date of distribution of the Western Shoshone judgment funds 
        under paragraph (1) shall be paid directly to the individual.
            (B) Living, legally incompetent individuals.--The per 
        capita share of a living, legally incompetent individual shall 
        be administered in accordance with regulations promulgated and 
        procedures established by the Secretary under section 3(b)(3) 
        of the Indian Tribal Judgment Funds Use or Distribution Act (25 
        U.S.C. 1403(b)(3)).
            (C) Deceased individuals.--The per capita share of an 
        individual who is deceased as of the date of distribution of 
        the Western Shoshone judgment funds under paragraph (1) shall 
        be paid to the heirs and legatees of the individual in 
        accordance with regulations promulgated by the Secretary.
            (D) Individuals under the age of 19.--The per capita share 
        of an individual who is not yet 19 years of age on the date of 
        distribution of the Western Shoshone judgment funds under 
        paragraph (1) shall be--
                (i) held by the Secretary in a supervised individual 
            Indian money account; and
                (ii) distributed to the individual--

                    (I) after the individual has reached the age of 18 
                years; and
                    (II) in 4 equal payments (including interest earned 
                on the per capita share), to be made--

                        (aa) with respect to the first payment, on the 
                    eighteenth birthday of the individual (or, if the 
                    individual is already 18 years of age, as soon as 
                    practicable after the date of establishment of the 
                    Indian money account of the individual); and
                        (bb) with respect to the 3 remaining payments, 
                    not later than 90 days after each of the 3 
                    subsequent birthdays of the individual.
        (3) Applicable law.--Notwithstanding section 7 of the Indian 
    Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1407), a 
    per capita share (or the availability of that share) paid under 
    this section shall not--
            (A) be subject to Federal or State income taxation;
            (B) be considered to be income or resources for any 
        purpose; or
            (C) be used as a basis for denying or reducing financial 
        assistance or any other benefit to which a household or Western 
        Shoshone member would otherwise be entitled to receive under--
                (i) the Social Security Act (42 U.S.C. 301 et seq.); or
                (ii) any other Federal or federally-assisted program.
        (4) Unpaid funds.--The Secretary shall add to the Western 
    Shoshone joint judgment funds held in the Trust Fund under section 
    4(b)(1)--
            (A) all per capita shares (including interest earned on 
        those shares) of living competent adults listed on the judgment 
        roll that remain unpaid as of the date that is--
                (i) 6 years after the date of distribution of the 
            Western Shoshone judgment funds under paragraph (1); or
                (ii) in the case of an individual described in 
            paragraph (2)(D), 6 years after the date on which the 
            individual reaches 18 years of age; and
            (B) any other residual principal and interest funds 
        remaining after the distribution under paragraph (1) is 
        complete.

SEC. 4. DISTRIBUTION OF WESTERN SHOSHONE JOINT JUDGMENT FUNDS.

    (a) In General.--The Western Shoshone joint judgment funds shall be 
distributed in accordance with this section.
    (b) Western Shoshone Educational Trust Fund.--
        (1) Establishment.--Not later than 120 days after the date of 
    enactment of this Act, the Secretary shall establish in the 
    Treasury of the United States, for the benefit of Western Shoshone 
    members, a trust fund to be known as the ``Western Shoshone 
    Educational Trust Fund'', consisting of--
            (A) the Western Shoshone joint judgment funds; and
            (B) the funds added under section 3(b)(4).
        (2) Amounts in trust fund.--With respect to amounts in the 
    Trust fund--
            (A) the principal amount--
                (i) shall not be expended or disbursed; and
                (ii) shall be invested in accordance with section 1 of 
            the Act of June 24, 1938 (25 U.S.C. 162a); and
            (B) all interest income earned on the principal amount 
        after the date of establishment of the Trust fund--
                (i) shall be distributed by the Committee--

                    (I) to Western Shoshone members in accordance with 
                this Act, to be used as educational grants or for other 
                forms of educational assistance determined appropriate 
                by the Committee; and
                    (II) to pay the reasonable and necessary expenses 
                of the Committee (as defined in the written rules and 
                procedures of the Committee); but

                (ii) shall not be distributed under this paragraph on a 
            per capita basis.
    (c) Administrative Committee.--
        (1) Establishment.--There is established an administrative 
    committee to oversee the distribution of educational grants and 
    assistance under subsection (b)(2).
        (2) Membership.--The Committee shall be composed of 7 members, 
    of which--
            (A) 1 member shall represent the Western Shoshone Te-Moak 
        Tribe and be appointed by that Tribe;
            (B) 1 member shall represent the Duckwater Shoshone Tribe 
        and be appointed by that Tribe;
            (C) 1 member shall represent the Yomba Shoshone Tribe and 
        be appointed by that Tribe;
            (D) 1 member shall represent the Ely Shoshone Tribe and be 
        appointed by that Tribe;
            (E) 1 member shall represent the Western Shoshone Committee 
        of the Duck Valley Reservation and be appointed by that 
        Committee;
            (F) 1 member shall represent the Fallon Band of Western 
        Shoshone and be appointed by that Band; and
            (G) 1 member shall represent the general public and be 
        appointed by the Secretary.
        (3) Term.--
            (A) In general.--Each member of the Committee shall serve a 
        term of 4 years.
            (B) Vacancies.--If a vacancy remains unfilled in the 
        membership of the Committee for a period of more than 60 days--
                (i) the Committee shall appoint a temporary replacement 
            from among qualified members of the organization for which 
            the replacement is being made; and
                (ii) that member shall serve until such time as the 
            organization (or, in the case of a member described in 
            paragraph (2)(G), the Secretary) designates a permanent 
            replacement.
        (4) Duties.--The Committee shall--
            (A) distribute interest funds from the Trust Fund under 
        subsection (b)(2)(B)(i);
            (B) for each fiscal year, compile a list of names of all 
        individuals approved to receive those funds;
            (C) ensure that those funds are used in a manner consistent 
        with this Act;
            (D) develop written rules and procedures, subject to the 
        approval of the Secretary, that cover such matters as--
                (i) operating procedures;
                (ii) rules of conduct;
                (iii) eligibility criteria for receipt of funds under 
            subsection (b)(2)(B)(i);
                (iv) application selection procedures;
                (v) procedures for appeals to decisions of the 
            Committee;
                (vi) fund disbursement procedures; and
                (vii) fund recoupment procedures;
            (E) carry out financial management in accordance with 
        paragraph (6); and
            (F) in accordance with subsection (b)(2)(C)(ii), use a 
        portion of the interest funds from the Trust Fund to pay the 
        reasonable and necessary expenses of the Committee (including 
        per diem rates for attendance at meetings that are equal to 
        those paid to Federal employees in the same geographic 
        location), except that not more than $100,000 of those funds 
        may be used to develop written rules and procedures described 
        in subparagraph (D).
        (5) Jurisdiction of tribal courts.--At the discretion of the 
    Committee and with the approval of the appropriate tribal 
    government, a tribal court, or a court of Indian offenses operated 
    under section 11 of title 25, Code of Federal Regulations (or a 
    successor regulation), shall have jurisdiction to hear an appeal of 
    a decision of the Committee.
        (6) Financial management.--
            (A) Financial statement.--The Committee shall employ an 
        independent certified public accountant to prepare a financial 
        statement for each fiscal year that discloses--
                (i) the operating expenses of the Committee for the 
            fiscal year; and
                (ii) the total amount of funds disbursed under 
            subsection (b)(2)(B)(i) for the fiscal year.
            (B) Distribution of information.--For each fiscal year, the 
        Committee shall provide to the Secretary, to each organization 
        represented on the Committee, and, on the request of a Western 
        Shoshone member, to the Western Shoshone member, a copy of--
                (i) the financial statement prepared under subparagraph 
            (A); and
                (ii) the list of names compiled under paragraph (4)(B).
    (d) Consultation.--The Secretary shall consult with the Committee 
on the management and investment of the funds distributed under this 
section.

SEC. 5. REGULATIONS.

    The Secretary may promulgate such regulations as are necessary to 
carry out this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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