[Congressional Record Volume 149, Number 41 (Thursday, March 13, 2003)]
[Senate]
[Pages S3735-S3737]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Ensign):
  S. 618. 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; to the Committee on Indian Affairs.
  Mr. REID. Mr. President, I rise today for myself and Senator Ensign 
to reintroduce the Western Shoshone Claims Distribution Act. Last year 
the Senate unanimously passed this bill, which will at last release 
funds the United States has held in trust for the Western Shoshone 
people for over 24 years. Unfortunately the House was unable to 
complete its consideration of the bill before the last Congress 
adjourned.
  Historically, the Western Shoshone people have resided on land within 
the central portion of Nevada and parts of California, Idaho, and Utah. 
For more than a hundred years, the Western Shoshone have not received a 
fair compensation for the loss of their tribal land and resources. In 
1946 the Indian Claims Commission was established to compensate Indians 
for lands and resources taken from them by the United States. In 1962 
the commission determined that the Western Shoshone land had been taken 
through ``gradual encroachment.'' In 1977 the commission awarded the 
tribe in excess of $26 million dollars. The United States Supreme Court 
has upheld the commission's award. It was not until 1979 that the 
United States appropriated over $26 million dollars to reimburse the 
descendents of these tribes for their loss.
  The Western Shoshone are not a wealthy people. A third of the tribal 
members are unemployed; for many of those who do have jobs, it is a 
struggle to live from paycheck to the next. Wood stoves often provide 
the only source of heat in their aging homes. Like other American 
Indians, the Western Shoshone continue to be disproportionately 
affected by poverty and low educational attainment. The high school 
completion rate for Indian people between the ages of 20 and 24 is 
dismally low. American Indians have a drop-out rate that is 12.5 
percent higher than the rest of the National. For the Western Shoshone, 
the money contained in the settlement funds could lead to drastic 
lifestyle improvements.
  After 24 years the judgment funds still remain in the United States 
Treasury. The Western Shoshone have not received a single penny of this 
money which is rightfully theirs. In those twenty-four years, the 
original trust fund has grown to well over $121 million dollars. It is 
the past time that this money should be delivered into the hands of its 
owners. The Western Shoshone Steering Committee has officially 
requested that Congress enact legislation to affect this distribution. 
It has become increasingly apparent in recent years that the vast 
majority of those who qualify to receive these funds support an 
immediate distribution of their money.
  This Act will provide payments to eligible Western Shoshone tribal 
members and ensure that future generations of Western Shoshone will be 
able to enjoy the benefit of the distribution in perpetuity. Through 
the establishment of a tribally controlled grant trust fund, individual 
members of the Western Shoshone will be able to apply for money for 
education and other needs within limits set by a self-appointed 
committee of tribal members. I will continue my ongoing work with the 
members of the Western Shoshone and the Department of Interior to help 
resolve any current land issues.
  It is clear that the Western Shoshone want the funds from their claim 
distributed without further delay. They have already voted twice to 
firmly and decisively voice their interests. Members of the Western 
Shoshone gathered in Fallon and Elko, NV in May of 1998. They cast a 
vote overwhelmingly in favor of distributing the funds. 1,230 supported 
the distribution in the statewide vote; only 53 were opposed. Again on 
June 2002 they cast a vote overwhelmingly in support of the 
distribution of the judgment funds at a rate of 100 percent per capita. 
1,647 Western Shoshone voted in favor of the distribution of the funds; 
only 156 opposed. I rise today in support and recognition of their 
decision. The final distribution of this fund has lingered for more 
than twenty years. During the 107th Congress, the Indian Affairs 
Committee approved and the full Senate unanimously passed this bill. It 
is clear that the best interests of the Tribe will not be served by 
prolonging their wait. Twenty-four years has been more than long 
enough. I ask unanimous consent that the full text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 618

       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--

[[Page S3736]]

       (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 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 in 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

[[Page S3737]]

       (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.
                                 ______