[Congressional Record Volume 148, Number 146 (Wednesday, November 13, 2002)]
[Senate]
[Pages S10960-S10962]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                WESTERN SHOSHONE CLAIMS DISTRIBUTION ACT

  Mr. DURBIN. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 634, S. 958.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 958) 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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Indian Affairs with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:
  [Strike the part printed in black brackets and insert the part 
printed in italic.]

                                 S. 958

       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 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 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.
       [(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

[[Page S10961]]

     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)(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 Business Council 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.]

     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

[[Page S10962]]

     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.

  Mr. DURBIN. I ask unanimous consent that the committee substitute 
amendment be agreed to; the bill, as amended, be read the third time 
and passed; the motions to reconsider be laid upon the table, with no 
intervening action or debate; and that any statements relating thereto 
be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 958), as amended, was read the third time and passed.

                          ____________________