[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 884 Enrolled Bill (ENR)]
H.R.884
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
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 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. 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 judgment 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 before the Indian Claims Commission; and
(B) all interest earned on those funds.
(4) Judgment roll.--The term ``judgment roll'' means the
Western Shoshone judgment roll established 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 individual appearing on
the roll; and
(B)(i) satisfies all eligibility criteria established by
the Committee under section 4(c)(4)(D)(iii);
(ii) meets any application requirements established by the
Committee; and
(iii) agrees to use funds distributed in accordance with
section 4(b)(2)(B) for educational purposes approved by the
Committee.
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 receive 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--
(A) publish in the Federal Register all regulations
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 determination of the
Secretary on an application of an individual 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 payments.--
(A) Living competent individuals.--The per capita share of
a living, competent individual who is 19 years or older on the
date of distribution of the Western Shoshone judgment funds
under paragraph (1) shall be paid directly to the individual.
(B) Living, legally incompetent individuals.--The per
capita share of a living, legally incompetent individual shall
be administered in accordance with regulations promulgated and
procedures established by the Secretary under section 3(b)(3)
of the Indian Tribal Judgment Funds Use or Distribution Act (25
U.S.C. 1403(b)(3)).
(C) Deceased individuals.--The per capita share of an
individual who is deceased as of the date of distribution of
the Western Shoshone judgment funds under paragraph (1) shall
be paid to the heirs and legatees of the individual in
accordance with regulations promulgated by the Secretary.
(D) Individuals under the age of 19.--The per capita share
of an individual who is not yet 19 years of age on the date of
distribution of the Western Shoshone judgment funds under
paragraph (1) shall be--
(i) held by the Secretary in a supervised individual
Indian money account; and
(ii) distributed to the individual--
(I) after the individual has reached the age of 18
years; and
(II) in 4 equal payments (including interest earned
on the per capita share), to be made--
(aa) with respect to the first payment, on the
eighteenth birthday 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 individual); and
(bb) with respect to the 3 remaining payments,
not later than 90 days after each of the 3
subsequent birthdays of the individual.
(3) Applicable law.--Notwithstanding section 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;
(B) be considered to be income or resources for any
purpose; or
(C) be used as a basis for denying or reducing 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-assisted 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 distribution of the
Western Shoshone judgment funds under paragraph (1); or
(ii) in the case of an individual described in
paragraph (2)(D), 6 years after the date on which the
individual reaches 18 years of age; and
(B) any other residual principal and interest 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 judgment 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 Secretary shall establish in the
Treasury of the United States, for the benefit of Western Shoshone
members, a trust fund to be known as the ``Western Shoshone
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
(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 principal amount
after the date of establishment of the Trust fund--
(i) shall be distributed by the Committee--
(I) to Western Shoshone members in accordance with
this Act, to be used as educational grants or for other
forms of educational assistance determined appropriate
by the Committee; 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 subsection (b)(2).
(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) 1 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 Shoshone Tribe and be
appointed by that Tribe;
(E) 1 member shall represent the Western Shoshone Committee
of the Duck Valley Reservation 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.
(B) Vacancies.--If a vacancy remains unfilled in the
membership of the Committee for a period of more than 60 days--
(i) the Committee shall appoint a temporary 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
replacement.
(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;
(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 accordance 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
successor regulation), shall have jurisdiction to hear an appeal of
a decision of the Committee.
(6) Financial management.--
(A) Financial statement.--The Committee shall employ an
independent certified public accountant to prepare a financial
statement for each fiscal year that discloses--
(i) the operating expenses of the Committee for the
fiscal year; and
(ii) the total amount of funds disbursed under
subsection (b)(2)(B)(i) for the fiscal year.
(B) Distribution of information.--For each fiscal year, the
Committee shall provide to the Secretary, to each organization
represented 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.
SEC. 5. REGULATIONS.
The Secretary may promulgate such regulations as are necessary to
carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.