[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 958 Reported in Senate (RS)]






                                                       Calendar No. 634
107th CONGRESS
  2d Session
                                 S. 958

                          [Report No. 107-297]

  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

                              May 24, 2001

 Mr. Reid (for himself and Mr. Ensign) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

                            October 3, 2002

               Reported by Mr. Inouye, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Western Shoshone Claims 
Distribution Act''.</DELETED>

<DELETED>SEC. 2. DISTRIBUTION OF DOCKET 326-K FUNDS.</DELETED>

<DELETED>    The funds appropriated in satisfaction of the judgment 
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:</DELETED>
        <DELETED>    (1) The Secretary shall establish a Western 
        Shoshone Judgment Roll consisting of all Western Shoshones 
        who--</DELETED>
                <DELETED>    (A) have at least </DELETED>\<DELETED>1/
                4</DELETED>\ <DELETED>degree of Western Shoshone 
                Blood;</DELETED>
                <DELETED>    (B) are citizens of the United States; 
                and</DELETED>
                <DELETED>    (C) are living on the date of enactment of 
                this Act.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (B) The per capita shares of deceased individuals 
        shall be distributed to their heirs and legatees in accordance 
        with regulations prescribed by the Secretary.</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (7) 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 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.</DELETED>
        <DELETED>    (8) Any other 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 in accordance with section 3.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DISTRIBUTION OF DOCKETS 326-A-1 AND 326-A-3.</DELETED>

<DELETED>    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 paragraphs (7) and (8) of section 2, together with 
all earned interest, shall be distributed as follows:</DELETED>
        <DELETED>    (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 funds described in the matter preceding this 
        paragraph.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (C)(i) All accumulated and future interest and 
        income from the Trust Fund shall be distributed, subject to 
        clause (ii)--</DELETED>
                        <DELETED>    (I) as educational grants and as 
                        other forms of educational assistance 
                        determined appropriate by the Administrative 
                        Committee established under paragraph (2) to 
                        individual Western Shoshone members as required 
                        under this Act; and</DELETED>
                        <DELETED>    (II) to pay the reasonable and 
                        necessary expenses of such Administrative 
                        Committee (as defined in the written rules and 
                        procedures of such Committee).</DELETED>
        <DELETED>    (ii) Funds shall not be distributed under this 
        paragraph on a per capita basis.</DELETED>
        <DELETED>    (2)(A) An Administrative Committee to oversee the 
        distribution of the educational grants and assistance 
        authorized under paragraph (1)(C) shall be established as 
        provided for in this paragraph.</DELETED>
        <DELETED>    (B) The Administrative Committee shall consist of 
        1 representative from each of the following 
        organizations:</DELETED>
                <DELETED>    (i) The Western Shoshone Te-Moak 
                Tribe.</DELETED>
                <DELETED>    (ii) The Duckwater Shoshone 
                Tribe.</DELETED>
                <DELETED>    (iii) The Yomba Shoshone Tribe.</DELETED>
                <DELETED>    (iv) The Ely Shoshone Tribe.</DELETED>
                <DELETED>    (v) The Western Shoshone Business Council 
                of the Duck Valley Reservation.</DELETED>
                <DELETED>    (vi) The Fallon Band of Western 
                Shoshone.</DELETED>
                <DELETED>    (vii) The at large community.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (D) The Secretary shall consult with the Committee 
        on the management and investment of the funds subject to 
        distribution under this section.</DELETED>
        <DELETED>    (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 
        paragraph (1)(C)(i)(II), 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 those paid to 
        Federal employees in the same geographic location.</DELETED>
        <DELETED>    (F) The Committee shall develop written rules and 
        procedures that include such matters as operating 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 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 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.</DELETED>
        <DELETED>    (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 educational 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 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.</DELETED>

<DELETED>SEC. 4. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Administrative committee; committee.--The 
        terms ``Administrative Committee'' and ``Committee'' mean the 
        Administrative Committee established under section 
        3(2).</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (3) Trust fund.--The term ``Trust Fund'' means the 
        Western Shoshone Educational Trust Fund established under 
        section 3(1).</DELETED>
        <DELETED>    (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 
        appearing on the roll, and who--</DELETED>
                <DELETED>    (A) satisfies all eligibility criteria 
                established by the Administrative Committee under 
                section 3(F);</DELETED>
                <DELETED>    (B) fulfills all application requirements 
                established by the Committee; and</DELETED>
                <DELETED>    (C) agrees to utilize funds distributed in 
                accordance with section 3(1)(C)(i)(I) in a manner 
                approved by the Committee for educational 
                purposes.</DELETED>

<DELETED>SEC. 5. REGULATIONS.</DELETED>

<DELETED>    The Secretary may promulgate such regulations as are 
necessary to carry out this Act.</DELETED>

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 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) Notwithstanding section 7 of the Indian Tribal Judgment 
        Funds Use or Distribution Act (25 U.S.C. 1407), the per capita 
        shares (or the availability of those shares) shall not--
                    (A) be subject to Federal or State income taxation;
                    (B) be considered to be income or resources; or
                    (C) be used as a basis for denying or reducing 
                financial assistance or any other benefit to which a 
                household or member would otherwise be entitled under--
                            (i) the Social Security Act (42 U.S.C. 301 
                        et seq.); or
                            (ii) any other Federal or federally-
                        assisted program.
            (7) 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 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) Any other 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 in accordance with section 3.

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 paragraphs (7) and (8) of 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 
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 Committee 
                        established under paragraph (2) to individual 
                        Western Shoshone members as required under this 
                        Act; and
                            (II) to pay the reasonable and necessary 
                        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)(A) An Administrative Committee to oversee the 
        distribution of the educational grants and assistance 
        authorized under paragraph (1)(C) 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 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 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 and assistance 
        under paragraph (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 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 operating 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 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 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 independent certified 
        public accountant to prepare an annual financial statement that 
        includes the operating expenses of the Committee and the total 
        amount of educational 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 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:
            (1) Administrative committee; committee.--The terms 
        ``Administrative Committee'' and ``Committee'' mean the 
        Administrative Committee 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 
        appearing on the roll, and who--
                    (A) satisfies all eligibility criteria established 
                by the Administrative Committee under section 3(F);
                    (B) fulfills all application requirements 
                established by the Committee; and
                    (C) agrees to utilize funds distributed in 
                accordance with section 3(1)(C)(i)(I) in a manner 
                approved by the Committee for educational purposes.

SEC. 5. REGULATIONS.

    The Secretary may promulgate such regulations as are necessary to 
carry out this Act.




                                                       Calendar No. 634

107th CONGRESS

  2d Session

                                 S. 958

                          [Report No. 107-297]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 3, 2002

                       Reported with an amendment