[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 884 Reported in House (RH)]






                                                 Union Calendar No. 174
108th CONGRESS
  1st Session
                                H. R. 884

                          [Report No. 108-299]

  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

                           February 25, 2003

 Mr. Gibbons introduced the following bill; which was referred to the 
                         Committee on Resources

                            October 7, 2003

                     Additional sponsor: Mr. Porter

                            October 7, 2003

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 25, 2003]

_______________________________________________________________________

                                 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 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 in satisfaction of the judgment award 
granted to the ``Western Shoshone Identifiable Group'' of the Shoshone 
Nation, under Docket Number 326-K before the Indian Claims Commission, 
including all earned interest, shall be distributed as follows:
            (1) Judgment roll.--The Secretary shall identify and 
        allocate the resources necessary to 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) Certain individuals ineligible.--Any individual 
        determined or certified as eligible by the Secretary to receive 
        a per capita payment from any other judgment fund, based upon 
        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 eligible 
        for enrollment under this Act.
            (3) Publication of roll.--Not later than 120 days after the 
        date of enactment of this Act, the Secretary shall publish in 
        the Federal Register rules and regulations governing the 
        establishment of the Western Shoshone Judgment Roll and shall 
        use 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) Per capita payments.--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 judgment roll.
            (5) Conditions of per capita payments.--
                    (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) Applicable law.--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) Unpaid amounts.--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) Residual amounts.--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.
            (9) Not a waiver of treaty rights.--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 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) 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 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) Administrative committee.--(A) An Administrative 
        Committee, exclusively comprised of Western Shoshone, to 
        oversee the distribution of the educational grants and 
        assistance authorized under section (3)(2) shall be established 
        as provided for in this paragraph.
            (B) The Western Shoshone Administrative Committee shall 
        consist of 1 representative from each of the following 
        organizations:
                    (i) The Te-Moak Tribes of Western Shoshone Indians.
                    (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, 
        appeals procedures, rules of conduct, eligibility criteria for 
        receipt of educational grants or assistance (such criteria to 
        be consistent with this Act), application selection 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 or 
        organization, 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 the following definitions apply:
            (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 
        member'' means an individual who appears on a Western Shoshone 
        Band or Tribe Base Roll or an individual who is the lineal 
        descendant of an individual appearing on the base roll of one 
        of the Western Bands of the Shoshone Nation of Indians, who 
        meets the criteria of section 2(1) under this Act and for 
        purposes of the trust funds, 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.
            (5) Western shoshone identifiable group.--The term 
        ``Western Shoshone Identifiable Group'' means those individual 
        Western Shoshones identified as claimants by the Indian Claims 
        Commission in Dockets 326-K, 326-A-1, and 326-A-3, distinct and 
        severed from the claims of the Northwestern, Eastern, and Mixed 
        Bands of Shoshones and Bannocks, Lemhi, or Goshute bands of the 
        Shoshone Nation.
            (6) Aboriginal land claim.--The term ``aboriginal land 
        claim'' means a claim derived from land where the band, tribe 
        or identifiable group claimed a right of occupancy based on 
        their immemorial possession of the area.
            (7) Base roll.--The term ``base roll'' means the 
        originating census (list) compiled by the Federal Government 
        that established tribal membership.

SEC. 5. REGULATIONS.

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




                                                 Union Calendar No. 174

108th CONGRESS

  1st Session

                               H. R. 884

                          [Report No. 108-299]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 7, 2003

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed