[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2795 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2795

  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, 326-K, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 27, 2000

   Mr. Reid introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 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, 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. DISTRIBUTION OF DOCKET 326-K FUNDS.

    The funds appropriated on December 19, 1979, in satisfaction of an 
award granted to the Western Shoshone Indians in Docket Number 326-K 
before the Indian Claims Commission, including all earned interest 
shall be distributed as follows:
            (1) The Secretary shall establish a Western Shoshone 
        Judgment Roll consisting 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) 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 appropriated on or before the date of 
        enactment of this Act, shall not be eligible for enrollment 
        under this Act.
            (3) The Secretary shall publish in the Federal Register 
        rules and regulations governing the establishment of the 
        Western Shoshone Judgment Roll and shall utilize any documents 
        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) Upon completing the Western Shoshone Judgment Roll 
        under paragraph (1), the Secretary shall make a per capita 
        distribution 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)(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 individuals shall be 
        distributed to their heirs and legatees in accordance with 
        regulations prescribed by the Secretary.
            (C) The shares of legally incompetent individuals 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 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 period 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 payment shall be disbursed to individuals who have 
        reached the age of 18 years if such individuals are deemed 
        legally competent. Subsequent payments shall be disbursed 
        within 90 days of the individual's following 3 birthdays.
            (6) 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) All residual principal and interest funds remaining 
        after the distribution under paragraph (4) is complete shall be 
        added to the principal funds that are held and invested under 
        section 3(1).
            (8) All per capita shares belonging 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 
        under section 3(1), 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.
            (9) 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 on March 23, 1992, and August 21, 1995, in 
satisfaction of the awards granted to the Western Shoshone Indians in 
Docket Numbers 326-A-1 and 326-A-2 before the United States Court of 
Claims, and the funds referred to under section 2, together with all 
earned interest, shall be distributed as follows:
            (1)(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 amount described in the matter preceding this 
        paragraph.
            (B) The principal amount in the Trust Fund shall not be 
        expended or disbursed. Other amounts in 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) All accumulated and future interest and income from the 
        Trust Fund shall be distributed as educational and other 
        grants, and as other forms of assistance determined 
        appropriate, to individual Western Shoshone members as required 
        under this Act and to pay the reasonable and necessary expenses 
        of the Administrative Committee established under paragraph (2) 
        (as defined in the written rules and procedures of such 
        Committee). Funds under this paragraph shall not be distributed 
        on a per capita basis.
            (2)(A) An Administrative Committee to oversee the 
        distribution of the education grants authorized under paragraph 
        (1) shall be established as provided for in this paragraph.
            (B) The Administrative Committee shall consist of 1 
        representative from each of the following organizations:
                    (i) The Western Shoshone Te-Moak Tribe.
                    (ii) The Duckwater Shoshone Tribe.
                    (iii) The Yomba Shoshone Tribe.
                    (iv) The Ely Shoshone Tribe.
                    (v) The Western Shoshone Business Council of the 
                Duck Valley Reservation, Fallon Band of Western 
                Shoshone.
                    (vi) 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 replacement from among qualified members of the 
        organization 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 Committee 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 under paragraph 
        (1) are utilized in a manner consistent with the terms of this 
        Act. In accordance with paragraph (1)(C), the Committee may use 
        a portion 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 for those 
        paid to Federal employees in the same geographic location.
            (F) The Committee shall develop written rules and 
        procedures that include such matters as operating procedures, 
        rules of conduct, scholarship fund eligibility criteria (such 
        criteria to be consistent with this Act), application selection 
        procedures, appeals procedures, fund disbursement procedures, 
        and fund recoupment procedures. Such rules and procedures shall 
        be subject to the approval of the Secretary. A portion of the 
        interest funds, not to exceed $100,000, under this Act 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 independent certified 
        public accountant to prepare an annual financial statement that 
        includes the operating expenses of the Committee and the total 
        amount of scholarship fund disbursements 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 scholarship funds during such fiscal year. 
        The financial statement and the list shall be distributed to 
        each organization referred to in this section and copies shall 
        be made available to the Western Shoshone members upon request.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Trust fund.--The term ``Trust Fund'' means the Western 
        Shoshone Educational Trust Fund established under section 3(1).
            (3) 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 
        appearing on the roll, and who--
                    (A) satisfies all eligibility criteria established 
                by the Administrative Committee under section 3;
                    (B) fulfills all application requirements 
                established by the Administrative Committee; and
                    (C) agrees to utilize tile funds in a manner 
                approved by the Administrative Committee for 
                educational or vocational training purposes.

SEC. 5. REGULATIONS.

    The Secretary shall prescribe the enrollment regulations necessary 
to carry out this Act.
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