IB 
Union Calendar No. 174
108TH CONGRESS 
1ST SESSION 
H. R. 884
[Report No. 108–299] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 25, 2003
Mr. GIBBONS introduced the following bill; which was referred to the 
Committee on Resources 
OCTOBER 7, 2003
Additional sponsor: Mr. PORTER 
OCTOBER 7, 2003
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 25, 2003] 
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, and 326–K, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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. DISTRIBUTION OF DOCKET 326–K FUNDS. 
The funds appropriated in satisfaction of the judgment 
award granted to the ‘‘Western Shoshone Identifiable 
Group’’ of the Shoshone Nation, under Docket Number 326–
K before the Indian Claims Commission, including all 
earned interest, shall be distributed as follows: 
(1) JUDGMENT ROLL.—The Secretary shall iden-
tify and allocate the resources necessary to establish 
a Western Shoshone Judgment Roll consisting of all 
Western Shoshones who—
(A) have at least 1⁄4 degree of Western Sho-
shone Blood; 
(B) are citizens of the United States; and 
(C) are living on the date of enactment of 
this Act. 
(2) CERTAIN INDIVIDUALS INELIGIBLE.—Any in-
dividual determined or certified as eligible by the Sec-
retary to receive a per capita payment from any 
other judgment fund, based upon 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 
eligible for enrollment under this Act. 
(3) PUBLICATION OF ROLL.—Not later than 120 
days after the date of enactment of this Act, the Sec-
retary shall publish in the Federal Register rules and 
regulations governing the establishment of the Western 
Shoshone Judgment Roll and shall use any documents 
acceptable to the Secretary in establishing proof of eli-
gibility. The Secretary’s determination on all appli-
cations for enrollment under this paragraph shall be 
final. 
(4) PER CAPITA PAYMENTS.—Upon completing 
the Western Shoshone Judgment Roll under para-
graph (1), the Secretary shall make a per capita dis-
tribution of 100 percent of the funds described in this 
section, in a sum as equal as possible, to each person 
listed on the judgment roll. 
(5) CONDITIONS OF PER CAPITA PAYMENTS.—
(A) With respect to the distribution of funds 
under this section, the per capita shares of living 
competent adults who have reached the age of 19 
years on the date of the distribution provided for
under paragraph (4), shall be paid directly to 
them. 
(B) The per capita shares of deceased indi-
viduals shall be distributed to their heirs and 
legatees in accordance with regulations pre-
scribed by the Secretary. 
(C) The shares of legally incompetent indi-
viduals shall be administered pursuant to regu-
lations and procedures established by the Sec-
retary under section 3(b)(3) of Public Law 93–
134 (25 U.S.C. 1403(b)(3)). 
(D) The shares of minors and individuals 
who are under the age of 19 years on the date 
of the distribution provided for under paragraph 
(4) shall be held by the Secretary in supervised 
individual Indian money accounts. The funds 
from such accounts shall be disbursed over a pe-
riod of 4 years in payments equaling 25 percent 
of the principal, plus the interest earned on that 
portion of the per capita share. The first pay-
ment shall be disbursed to individuals who have 
reached the age of 18 years if such individuals 
are deemed legally competent. Subsequent pay-
ments shall be disbursed within 90 days of the 
individual’s following 3 birthdays.
(6) APPLICABLE
LAW.—All funds distributed 
under this Act, are subject to the provisions of section 
7 of Public Law 93–134 (25 U.S.C. 1407). 
(7) UNPAID AMOUNTS.—All per capita shares be-
longing to living competent adults certified as eligible 
to share in the judgment fund distribution under this 
section, and the interest earned on those shares, that 
remain unpaid for a period of 6 years shall be added 
to the principal funds that are held and invested in 
accordance with section 3, except that in the case of 
a minor, such 6-year period shall not begin to run 
until the minor reaches the age of majority. 
(8) RESIDUAL
AMOUNTS.—Any other residual 
principal and interest funds remaining after the dis-
tribution under paragraph (4) is complete shall be 
added to the principal funds that are held and in-
vested in accordance with section 3. 
(9) NOT A WAIVER OF TREATY RIGHTS.—Receipt 
of a share of the judgment funds under this section 
shall not be construed as a waiver of any existing 
treaty rights pursuant to the ‘‘1863 Treaty of Ruby 
Valley’’, inclusive of all Articles I through VIII, and 
shall not prevent any Western Shoshone Tribe or 
Band or individual Shoshone Indian from pursuing 
other rights guaranteed by law.
SEC. 3. DISTRIBUTION OF DOCKETS 326–A–1 AND 326–A–3. 
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 the funds referred to under para-
graphs (7) and (8) of section 2, together with all earned 
interest, shall be distributed as follows: 
(1) ESTABLISHMENT OF TRUST FUND.—(A) not 
later than 120 days after the date of enactment of this 
Act, the Secretary shall establish in the Treasury of 
the United States a trust fund to be known as the 
‘‘Western Shoshone Educational Trust Fund’’ for the 
benefit of the Western Shoshone members. There shall 
be credited to the Trust Fund the funds described in 
the matter preceding this paragraph. 
(B) The principal in the Trust Fund shall not 
be expended or disbursed. The Trust Fund shall be in-
vested as provided for in section 1 of the Act of June 
24, 1938 (25 U.S.C. 162a). 
(C)(i) All accumulated and future interest and 
income from the Trust Fund shall be distributed, sub-
ject to clause (ii)—
(I) as educational grants and as other 
forms of educational assistance determined 
appropriate by the Administrative Com-
mittee established under paragraph (2) to
individual Western Shoshone members as 
required under this Act; and 
(II) to pay the reasonable and nec-
essary expenses of such Administrative 
Committee (as defined in the written rules 
and procedures of such Committee). 
(ii) Funds shall not be distributed under 
this paragraph on a per capita basis. 
(2) ADMINISTRATIVE COMMITTEE.—(A) An Ad-
ministrative Committee, exclusively comprised of 
Western Shoshone, to oversee the distribution of the 
educational grants and assistance authorized under 
section (3)(2) shall be established as provided for in 
this paragraph. 
(B) The Western Shoshone Administrative Com-
mittee shall consist of 1 representative from each of 
the following organizations: 
(i) The Te-Moak Tribes of Western Shoshone 
Indians. 
(ii) The Duckwater Shoshone Tribe. 
(iii) The Yomba Shoshone Tribe. 
(iv) The Ely Shoshone Tribe. 
(v) The Western Shoshone Committee of the 
Duck Valley Reservation. 
(vi) The Fallon Band of Western Shoshone.
(vii) The at-large community. 
(C) Each member of the Committee shall serve 
for a term of 4 years. If a vacancy remains unfilled 
in the membership of the Committee for a period in 
excess of 60 days, the Committee shall appoint a re-
placement from among qualified members of the orga-
nization for which the replacement is being made and 
such member shall serve until the organization to be 
represented designates a replacement. 
(D) The Secretary shall consult with the Com-
mittee on the management and investment of the 
funds subject to distribution under this section. 
(E) The Committee shall have the authority to 
disburse the accumulated interest fund under this Act 
in accordance with the terms of this Act. The Com-
mittee shall be responsible for ensuring that the funds 
provided through grants and assistance under para-
graph (1)(C) are utilized in a manner consistent with 
the terms of this Act. In accordance with paragraph 
(1)(C)(i)(II), the Committee may use a portion of the 
interest funds to pay all of the reasonable and nec-
essary expenses of the Committee, including per diem 
rates for attendance at meetings that are the same as 
those paid to Federal employees in the same geo-
graphic location.
(F) The Committee shall develop written rules 
and procedures that include such matters as oper-
ating procedures, appeals procedures, rules of conduct, 
eligibility criteria for receipt of educational grants or 
assistance (such criteria to be consistent with this 
Act), application selection procedures, fund disburse-
ment procedures, and fund recoupment procedures. 
Such rules and procedures shall be subject to the ap-
proval of the Secretary. A portion of the interest 
funds in the Trust Fund, not to exceed $100,000, may 
be used by the Committee to pay the expenses associ-
ated with developing such rules and procedures. At 
the discretion of the Committee, and with the ap-
proval of the appropriate tribal governing body or or-
ganization, jurisdiction to hear appeals of the Com-
mittee’s decisions may be exercised by a tribal court, 
or a court of Indian offenses operated under section 
11 of title 25, Code of Federal Regulations. 
(G) The Committee shall employ an independent 
certified public accountant to prepare an annual fi-
nancial statement that includes the operating ex-
penses of the Committee and the total amount of edu-
cational grants or assistance disbursed for the fiscal 
year for which the statement is being prepared under 
this section. The Committee shall compile a list of
names of all individuals approved to receive such 
grants or assistance during such fiscal year. The fi-
nancial statement and the list shall be distributed to 
each organization represented on the Committee and 
the Secretary and copies shall be made available to 
the Western Shoshone members upon request. 
SEC. 4. DEFINITIONS. 
In this Act the following definitions apply: 
(1) ADMINISTRATIVE COMMITTEE; COMMITTEE.—
The terms ‘‘Administrative Committee’’ and ‘‘Com-
mittee’’ mean the Administrative Committee estab-
lished under section 3(2). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) TRUST
FUND.—The term ‘‘Trust Fund’’ 
means the Western Shoshone Educational Trust Fund 
established under section 3(1). 
(4) WESTERN SHOSHONE MEMBERS.—The term 
‘‘Western Shoshone member’’ means an individual 
who appears on a Western Shoshone Band or Tribe 
Base Roll or an individual who is the lineal descend-
ant of an individual appearing on the base roll of one 
of the Western Bands of the Shoshone Nation of Indi-
ans, who meets the criteria of section 2(1) under this 
Act and for purposes of the trust funds, who—
(A) satisfies all eligibility criteria estab-
lished by the Administrative Committee under 
section 3(F); 
(B) fulfills all application requirements es-
tablished by the Committee; and 
(C) agrees to utilize funds distributed in ac-
cordance with section 3(1)(C)(i)(I) in a manner 
approved by the Committee for educational pur-
poses. 
(5) 
WESTERN
SHOSHONE
IDENTIFIABLE 
GROUP.—The term ‘‘Western Shoshone Identifiable 
Group’’ means those individual Western Shoshones 
identified as claimants by the Indian Claims Com-
mission in Dockets 326–K, 326–A–1, and 326–A–3, 
distinct and severed from the claims of the North-
western, Eastern, and Mixed Bands of Shoshones and 
Bannocks, Lemhi, or Goshute bands of the Shoshone 
Nation. 
(6) ABORIGINAL LAND CLAIM.—The term ‘‘ab-
original land claim’’ means a claim derived from 
land where the band, tribe or identifiable group 
claimed a right of occupancy based on their immemo-
rial possession of the area.
(7) BASE ROLL.—The term ‘‘base roll’’ means the 
originating census (list) compiled by the Federal Gov-
ernment that established tribal membership. 
SEC. 5. REGULATIONS. 
The Secretary may promulgate such regulations as are 
necessary to carry out this Act.
Union Calendar No. 174
108TH CONGRESS 
1ST SESSION 
H. R. 884
[Report No. 108–299] 
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, and 326–K, and 
for other purposes. 
OCTOBER 7, 2003
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed