108TH CONGRESS

2D SESSION H. R. 884

AN ACT

To provide for the use and distribution of the funds

for other purposes.Numbers 326–A–1, 326–A–3, and 326–K, andgroup under Indian Claims Commission Docketawarded to the Western Shoshone identifiable

108TH CONGRESS

2D SESSION H. R. 884

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.

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

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

3 Claims Distribution Act’’.

4 SEC. 2. DEFINITIONS.

5 In this Act:

6 (1) COMMITTEE.—The term ‘‘Committee’’

7 means the administrative committee established

8 under section 4(c)(1).

9 (2) WESTERN SHOSHONE JOINT JUDGMENT

10 FUNDS.—The term ‘‘Western Shoshone joint judg11 ment funds’’ means—

12 (A) the funds appropriated in satisfaction

13 of the judgment awards granted to the Western

14 Shoshone Indians in Docket Numbers 326–A–

15 1 and 326–A–3 before the United States Court

16 of Claims; and

17 (B) all interest earned on those funds.

18 (3) WESTERN SHOSHONE JUDGMENT FUNDS.—

19 The term ‘‘Western Shoshone judgment funds’’

20 means—

21 (A) the funds appropriated in satisfaction

22 of the judgment award granted to the Western

23 Shoshone Indians in Docket Number 326–K be24 fore the Indian Claims Commission; and

25 (B) all interest earned on those funds.
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1 (4) JUDGMENT ROLL.—The term ‘‘judgment

2 roll’’ means the Western Shoshone judgment roll es3 tablished by the Secretary under section 3(b)(1).

4 (5) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of the Interior.

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

7 means the Western Shoshone Educational Trust

8 Fund established under section 4(b)(1).

9 (7) WESTERN SHOSHONE MEMBER.—The term

10 ‘‘Western Shoshone member’’ means an individual

11 who—

12 (A)(i) appears on the judgment roll; or

13 (ii) is the lineal descendant of an indi14 vidual appearing on the roll; and

15 (B)(i) satisfies all eligibility criteria estab16 lished by the Committee under section

17 4(c)(4)(D)(iii);

18 (ii) meets any application requirements es19 tablished by the Committee; and

20 (iii) agrees to use funds distributed in ac21 cordance with section 4(b)(2)(B) for edu22 cational purposes approved by the Committee.
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1 SEC. 3. DISTRIBUTION OF WESTERN SHOSHONE JUDGMENT

2 FUNDS.

3 (a) IN GENERAL.—The Western Shoshone judgment

4 funds shall be distributed in accordance with this section.

5 (b) JUDGMENT ROLL.—

6 (1) IN GENERAL.—The Secretary shall establish

7 a Western Shoshone judgment roll consisting of all

8 individuals who—

(A) have at least 1 9 ⁄4 degree of Western

10 Shoshone blood;

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

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

13 this Act.

14 (2) INELIGIBLE INDIVIDUALS.—Any individual

15 that is certified by the Secretary to be eligible to re16 ceive a per capita payment from any other judgment

17 fund based on an aboriginal land claim awarded by

18 the Indian Claims Commission, the United States

19 Claims Court, or the United States Court of Federal

20 Claims, that was appropriated on or before the date

21 of enactment of this Act, shall not be listed on the

22 judgment roll.

23 (3) REGULATIONS REGARDING JUDGMENT

24 ROLL.—The Secretary shall—
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1 (A) publish in the Federal Register all reg2 ulations governing the establishment of the

3 judgment roll; and

4 (B) use any documents acceptable to the

5 Secretary in establishing proof of eligibility of

6 an individual to—

7 (i) be listed on the judgment roll; and

8 (ii) receive a per capita payment

9 under this Act.

10 (4) FINALITY OF DETERMINATION.—The deter11 mination of the Secretary on an application of an in12 dividual to be listed on the judgment roll shall be

13 final.

14 (c) DISTRIBUTION.—

15 (1) IN GENERAL.—On establishment of the

16 judgment roll, the Secretary shall make a per capita

17 distribution of 100 percent of the Western Shoshone

18 judgment funds, in shares as equal as practicable, to

19 each person listed on the judgment roll.

20 (2) REQUIREMENTS FOR DISTRIBUTION PAY21 MENTS.—

22 (A) LIVING COMPETENT INDIVIDUALS.—

23 The per capita share of a living, competent in24 dividual who is 19 years or older on the date

25 of distribution of the Western Shoshone judg-
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1 ment funds under paragraph (1) shall be paid

2 directly to the individual.

3 (B) LIVING, LEGALLY INCOMPETENT INDI4 VIDUALS.—The per capita share of a living, le5 gally incompetent individual shall be adminis6 tered in accordance with regulations promul7 gated and procedures established by the Sec8 retary under section 3(b)(3) of the Indian Trib9 al Judgment Funds Use or Distribution Act

10 (25 U.S.C. 1403(b)(3)).

11 (C) DECEASED INDIVIDUALS.—The per

12 capita share of an individual who is deceased as

13 of the date of distribution of the Western Sho14 shone judgment funds under paragraph (1)

15 shall be paid to the heirs and legatees of the in16 dividual in accordance with regulations promul17 gated by the Secretary.

18 (D) INDIVIDUALS UNDER THE AGE OF

19 19.—The per capita share of an individual who

20 is not yet 19 years of age on the date of dis21 tribution of the Western Shoshone judgment

22 funds under paragraph (1) shall be—

23 (i) held by the Secretary in a super24 vised individual Indian money account; and

25 (ii) distributed to the individual—
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1 (I) after the individual has

2 reached the age of 18 years; and

3 (II) in 4 equal payments (includ4 ing interest earned on the per capita

5 share), to be made—

6 (aa) with respect to the first

7 payment, on the eighteenth birth8 day of the individual (or, if the

9 individual is already 18 years of

10 age, as soon as practicable after

11 the date of establishment of the

12 Indian money account of the in13 dividual); and

14 (bb) with respect to the 3

15 remaining payments, not later

16 than 90 days after each of the 3

17 subsequent birthdays of the indi18 vidual.

19 (3) APPLICABLE LAW.—Notwithstanding sec20 tion 7 of the Indian Tribal Judgment Funds Use or

21 Distribution Act (25 U.S.C. 1407), a per capita

22 share (or the availability of that share) paid under

23 this section shall not—

24 (A) be subject to Federal or State income

25 taxation;
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1 (B) be considered to be income or re2 sources for any purpose; or

3 (C) be used as a basis for denying or re4 ducing financial assistance or any other benefit

5 to which a household or Western Shoshone

6 member would otherwise be entitled to receive

7 under—

8 (i) the Social Security Act (42 U.S.C.

9 301 et seq.); or

10 (ii) any other Federal or federally-as11 sisted program.

12 (4) UNPAID FUNDS.—The Secretary shall add

13 to the Western Shoshone joint judgment funds held

14 in the Trust Fund under section 4(b)(1)—

15 (A) all per capita shares (including interest

16 earned on those shares) of living competent

17 adults listed on the judgment roll that remain

18 unpaid as of the date that is—

19 (i) 6 years after the date of distribu20 tion of the Western Shoshone judgment

21 funds under paragraph (1); or

22 (ii) in the case of an individual de23 scribed in paragraph (2)(D), 6 years after

24 the date on which the individual reaches

25 18 years of age; and
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1 (B) any other residual principal and inter2 est funds remaining after the distribution under

3 paragraph (1) is complete.

4 SEC. 4. DISTRIBUTION OF WESTERN SHOSHONE JOINT

5 JUDGMENT FUNDS.

6 (a) IN GENERAL.—The Western Shoshone joint judg7 ment funds shall be distributed in accordance with this

8 section.

9 (b) WESTERN SHOSHONE EDUCATIONAL TRUST

10 FUND.—

11 (1) ESTABLISHMENT.—Not later than 120 days

12 after the date of enactment of this Act, the Sec13 retary shall establish in the Treasury of the United

14 States, for the benefit of Western Shoshone mem15 bers, a trust fund to be known as the ‘‘Western Sho16 shone Educational Trust Fund’’, consisting of—

17 (A) the Western Shoshone joint judgment

18 funds; and

19 (B) the funds added under section 3(b)(4).

20 (2) AMOUNTS IN TRUST FUND.—With respect

21 to amounts in the Trust fund—

22 (A) the principal amount—

23 (i) shall not be expended or disbursed;

24 and
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1 (ii) shall be invested in accordance

2 with section 1 of the Act of June 24, 1938

3 (25 U.S.C. 162a); and

4 (B) all interest income earned on the prin5 cipal amount after the date of establishment of

6 the Trust fund—

7 (i) shall be distributed by the

8 Committee—

9 (I) to Western Shoshone mem10 bers in accordance with this Act, to be

11 used as educational grants or for

12 other forms of educational assistance

13 determined appropriate by the Com14 mittee; and

15 (II) to pay the reasonable and

16 necessary expenses of the Committee

17 (as defined in the written rules and

18 procedures of the Committee); but

19 (ii) shall not be distributed under this

20 paragraph on a per capita basis.

21 (c) ADMINISTRATIVE COMMITTEE.—

22 (1) ESTABLISHMENT.—There is established an

23 administrative committee to oversee the distribution

24 of educational grants and assistance under sub25 section (b)(2).
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1 (2) MEMBERSHIP.—The Committee shall be

2 composed of 7 members, of which—

3 (A) 1 member shall represent the Western

4 Shoshone Te-Moak Tribe and be appointed by

5 that Tribe;

6 (B) 1 member shall represent the

7 Duckwater Shoshone Tribe and be appointed by

8 that Tribe;

9 (C) 1 member shall represent the Yomba

10 Shoshone Tribe and be appointed by that Tribe;

11 (D) 1 member shall represent the Ely Sho12 shone Tribe and be appointed by that Tribe;

13 (E) 1 member shall represent the Western

14 Shoshone Committee of the Duck Valley Res15 ervation and be appointed by that Committee;

16 (F) 1 member shall represent the Fallon

17 Band of Western Shoshone and be appointed by

18 that Band; and

19 (G) 1 member shall represent the general

20 public and be appointed by the Secretary.

21 (3) TERM.—

22 (A) IN GENERAL.—Each member of the

23 Committee shall serve a term of 4 years.
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1 (B) VACANCIES.—If a vacancy remains un2 filled in the membership of the Committee for

3 a period of more than 60 days—

4 (i) the Committee shall appoint a tem5 porary replacement from among qualified

6 members of the organization for which the

7 replacement is being made; and

8 (ii) that member shall serve until such

9 time as the organization (or, in the case of

10 a member described in paragraph (2)(G),

11 the Secretary) designates a permanent re12 placement.

13 (4) DUTIES.—The Committee shall—

14 (A) distribute interest funds from the

15 Trust Fund under subsection (b)(2)(B)(i);

16 (B) for each fiscal year, compile a list of

17 names of all individuals approved to receive

18 those funds;

19 (C) ensure that those funds are used in a

20 manner consistent with this Act;

21 (D) develop written rules and procedures,

22 subject to the approval of the Secretary, that

23 cover such matters as—

24 (i) operating procedures;

25 (ii) rules of conduct;
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1 (iii) eligibility criteria for receipt of

2 funds under subsection (b)(2)(B)(i);

3 (iv) application selection procedures;

4 (v) procedures for appeals to decisions

5 of the Committee;

6 (vi) fund disbursement procedures;

7 and

8 (vii) fund recoupment procedures;

9 (E) carry out financial management in ac10 cordance with paragraph (6); and

11 (F) in accordance with subsection

12 (b)(2)(C)(ii), use a portion of the interest funds

13 from the Trust Fund to pay the reasonable and

14 necessary expenses of the Committee (including

15 per diem rates for attendance at meetings that

16 are equal to those paid to Federal employees in

17 the same geographic location), except that not

18 more than $100,000 of those funds may be

19 used to develop written rules and procedures

20 described in subparagraph (D).

21 (5) JURISDICTION OF TRIBAL COURTS.—At the

22 discretion of the Committee and with the approval of

23 the appropriate tribal government, a tribal court, or

24 a court of Indian offenses operated under section 11

25 of title 25, Code of Federal Regulations (or a suc-
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1 cessor regulation), shall have jurisdiction to hear an

2 appeal of a decision of the Committee.

3 (6) FINANCIAL MANAGEMENT.—

4 (A) FINANCIAL STATEMENT.—The Com5 mittee shall employ an independent certified

6 public accountant to prepare a financial state7 ment for each fiscal year that discloses—

8 (i) the operating expenses of the Com9 mittee for the fiscal year; and

10 (ii) the total amount of funds dis11 bursed under subsection (b)(2)(B)(i) for

12 the fiscal year.

13 (B) DISTRIBUTION OF INFORMATION.—

14 For each fiscal year, the Committee shall pro15 vide to the Secretary, to each organization rep16 resented on the Committee, and, on the request

17 of a Western Shoshone member, to the Western

18 Shoshone member, a copy of—

19 (i) the financial statement prepared

20 under subparagraph (A); and

21 (ii) the list of names compiled under

22 paragraph (4)(B).

23 (d) CONSULTATION.—The Secretary shall consult

24 with the Committee on the management and investment

25 of the funds distributed under this section.
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1 SEC. 5. REGULATIONS.

2 The Secretary may promulgate such regulations as

3 are necessary to carry out this Act.

Passed the House of Representatives June 21, 2004.

Attest:

Clerk.