[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 618 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                 S. 618

_______________________________________________________________________

                                 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, 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.

            Passed the Senate October 17 (legislative day, October 16), 
      2003.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                                 S. 618

_______________________________________________________________________

                                 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, 326-K, and for other purposes.