II 
Calendar No. 592 
108TH CONGRESS 
2D SESSION 
H. R. 884 
IN THE SENATE OF THE UNITED STATES 
JUNE 22, 2004 
Received; read twice and placed on the calendar 
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 Representa-
tives of the United States of America in Congress assembled,
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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 judg-
ment 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 be-
fore the Indian Claims Commission; and 
(B) all interest earned on those funds.
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(4) JUDGMENT
ROLL.—The term ‘‘judgment 
roll’’ means the Western Shoshone judgment roll es-
tablished 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 indi-
vidual appearing on the roll; and 
(B)(i) satisfies all eligibility criteria estab-
lished 
by 
the 
Committee 
under 
section 
4(c)(4)(D)(iii); 
(ii) meets any application requirements es-
tablished by the Committee; and 
(iii) agrees to use funds distributed in ac-
cordance with section 4(b)(2)(B) for edu-
cational purposes approved by the Committee.
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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 re-
ceive 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—
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(A) publish in the Federal Register all reg-
ulations 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 deter-
mination of the Secretary on an application of an in-
dividual 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
PAY-
MENTS.— 
(A) LIVING
COMPETENT
INDIVIDUALS.— 
The per capita share of a living, competent in-
dividual who is 19 years or older on the date 
of distribution of the Western Shoshone judg-
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(I) 
after 
the 
individual 
has 
reached the age of 18 years; and 
(II) in 4 equal payments (includ-
ing interest earned on the per capita 
share), to be made— 
(aa) with respect to the first 
payment, on the eighteenth birth-
day 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 in-
dividual); and 
(bb) with respect to the 3 
remaining payments, not later 
than 90 days after each of the 3 
subsequent birthdays of the indi-
vidual. 
(3) APPLICABLE
LAW.—Notwithstanding sec-
tion 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;
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(B) be considered to be income or re-
sources for any purpose; or 
(C) be used as a basis for denying or re-
ducing 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-as-
sisted 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 distribu-
tion of the Western Shoshone judgment 
funds under paragraph (1); or 
(ii) in the case of an individual de-
scribed in paragraph (2)(D), 6 years after 
the date on which the individual reaches 
18 years of age; and
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(B) any other residual principal and inter-
est 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 judg-
ment 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 Sec-
retary shall establish in the Treasury of the United 
States, for the benefit of Western Shoshone mem-
bers, a trust fund to be known as the ‘‘Western Sho-
shone 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
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(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 prin-
cipal amount after the date of establishment of 
the Trust fund— 
(i) shall be distributed by the Com-
mittee— 
(I) to Western Shoshone mem-
bers in accordance with this Act, to be 
used as educational grants or for 
other forms of educational assistance 
determined appropriate by the Com-
mittee; 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 sub-
section (b)(2).
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(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) 
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 Sho-
shone Tribe and be appointed by that Tribe; 
(E) 1 member shall represent the Western 
Shoshone Committee of the Duck Valley Res-
ervation 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.
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(B) VACANCIES.—If a vacancy remains un-
filled in the membership of the Committee for 
a period of more than 60 days— 
(i) the Committee shall appoint a tem-
porary 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 re-
placement. 
(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;
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(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 ac-
cordance 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 suc-
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cessor regulation), shall have jurisdiction to hear an 
appeal of a decision of the Committee. 
(6) FINANCIAL MANAGEMENT.— 
(A) FINANCIAL
STATEMENT.—The Com-
mittee shall employ an independent certified 
public accountant to prepare a financial state-
ment for each fiscal year that discloses— 
(i) the operating expenses of the Com-
mittee for the fiscal year; and 
(ii) the total amount of funds dis-
bursed under subsection (b)(2)(B)(i) for 
the fiscal year. 
(B) DISTRIBUTION
OF
INFORMATION.— 
For each fiscal year, the Committee shall pro-
vide to the Secretary, to each organization rep-
resented 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.