I
107TH CONGRESS
1ST SESSION
H. R. 2851
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
SEPTEMBER 6, 2001
Mr. GIBBONS introduced the following bill; which was referred to the
Committee on Resources
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 judg-
ment award granted to the Western Shoshone Indians in
Docket Number 326–K before the Indian Claims Commis-
sion, including all earned interest, shall be distributed as
follows:
(1) JUDGMENT ROLL.—The Secretary shall es-
tablish a Western Shoshone Judgment Roll con-
sisting of all Western Shoshones 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) CERTAIN
INDIVIDUALS
INELIGIBLE.—Any
individual determined or certified as eligible by the
Secretary to receive a per capita payment from any
other judgment fund awarded by the Indian Claims
Commission, the United States Claims Court, or the
United States Court of Federal Claims, that was ap-
propriated on or before the date of enactment of this
Act, shall not be eligible for enrollment under this
Act.
(3) PUBLICATION
OF
ROLL.—The Secretary
shall publish in the Federal Register rules and regu-
lations governing the establishment of the Western
Shoshone Judgment Roll and shall use any docu-
ments acceptable to the Secretary in establishing
proof of eligibility. The Secretary’s determination on
all applications 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 roll.
(5) CONDITIONS OF PER CAPITA PAYMENTS.—
(A) With respect to the distribution of funds under
this section, the per capita shares of living com-
petent 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 individ-
uals shall be distributed to their heirs and legatees
in accordance with regulations prescribed by the
Secretary.
(C) The shares of legally incompetent individ-
uals shall be administered pursuant to regulations
and procedures established by the Secretary 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 dis-
tribution 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 period of 4 years in payments
equaling 25 percent of the principal, plus the inter-
est earned on that portion of the per capita share.
The first payment shall be disbursed to individuals
who have reached the age of 18 years if such indi-
viduals are deemed legally competent. Subsequent
payments 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 sec-
tion 7 of Public Law 93–134 (25 U.S.C. 1407).
(7) UNPAID AMOUNTS.—All per capita shares
belonging to living competent adults certified as eli-
gible 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.—Re-
ceipt of a share of the judgment funds under this
section shall not be construed as a waiver of any ex-
isting 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 judg-
ment 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 paragraphs (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
invested 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,
subject 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 to oversee the distribution of
the educational grants and assistance authorized
under paragraph (1)(C) shall be established as pro-
vided for in this paragraph.
(B) The Administrative Committee shall consist
of 1 representative from each of the following orga-
nizations:
(i) The Te-Moak Tribes of Western Sho-
shone Indians.
(ii) The Duckwater Shoshone Tribe.
(iii) The Yomba Shoshone Tribe.
(iv) The Ely Shoshone Tribe.
(v) The Western Shoshone Business Coun-
cil of the Duck Valley Reservation.
(vi) The Fallon Band of Western Sho-
shone.
(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 or-
ganization 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
Committee shall be responsible for ensuring that the
funds provided through grants and assistance under
paragraph (1)(C) are utilized in a manner consistent
with the terms of this Act. In accordance with para-
graph (1)(C)(i)(II), the Committee may use a por-
tion of the interest funds to pay all of the reasonable
and necessary 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 geographic location.
(F) The Committee shall develop written rules
and procedures that include such matters as oper-
ating procedures, rules of conduct, eligibility criteria
for receipt of educational grants or assistance (such
criteria to be consistent with this Act), application
selection procedures, appeal procedures, fund dis-
bursement procedures, and fund recoupment proce-
dures. Such rules and procedures shall be subject to
the approval of the Secretary. A portion of the inter-
est funds in the Trust Fund, not to exceed
$100,000, may be used by the Committee to pay the
expenses associated with developing such rules and
procedures. At the discretion of the Committee, and
with the approval of the appropriate tribal governing
body, jurisdiction to hear appeals of the Committee’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 inde-
pendent certified public accountant to prepare an
annual financial statement that includes the oper-
ating expenses of the Committee and the total
amount of educational grants or assistance dis-
bursed 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 ap-
proved to receive such grants or assistance during
such fiscal year. The financial 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; 
COM-
MITTEE.—The terms ‘‘Administrative Committee’’
and ‘‘Committee’’ mean the Administrative Com-
mittee established 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 members’’ means an individual
who appears on the Western Shoshone Judgment
Roll established under section 2(1), or an individual
who is the lineal descendant of an individual appear-
ing on the roll, and 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
accordance with section 3(1)(C)(i)(I) in a man-
ner approved by the Committee for educational
purposes.
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