[Congressional Record Volume 150, Number 86 (Monday, June 21, 2004)]
[House]
[Pages H4610-H4612]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WESTERN SHOSHONE CLAIMS DISTRIBUTION ACT
Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 884) 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, as amended.
The Clerk read as follows:
H.R. 884
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
[[Page H4611]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Nevada (Mr. Gibbons) and the gentleman from West Virginia (Mr. Rahall)
each will control 20 minutes.
[[Page H4612]]
The Chair recognizes the gentleman from Nevada (Mr. Gibbons).
General Leave
Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Nevada?
There was no objection.
Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
Today I rise in support of H.R. 884, the Western Shoshone Claims
Distribution Act.
Mr. Speaker, in the 1970s the Indian Claims Commission awarded the
Western Shoshone Tribe over $26 million in compensation for lands and
resources throughout much of the western States, including my home
State of Nevada. Funds were appropriated by Congress in 1979. And since
that time the money has been left untouched.
For nearly 3 decades, the men and women of the Shoshone Tribe have
waited for access to these funds. H.R. 884 is a much-needed piece of
legislation that accomplishes a simple yet vital task.
This bill requires the Secretary of Interior to establish a judgment
roll consisting of all Western Shoshones, who have at least one quarter
degree of Western Shoshone blood, are citizens of the United States,
and are living at the date of enactment of this legislation. The
Secretary would then distribute and use the funds in two ways.
First, the Secretary would distribute over $145 million from Docket
326-K to each person on the judgment roll through a per-capita share.
Secondly, nearly $1.5 million awarded under Docket Numbers 326-A-1
and 326-A-3 would be used to establish the ``Western Shoshone
Educational Trust Fund'' and an administrative committee to oversee the
distribution of accumulated and future interest and income for
educational grants.
Simply stated, Mr. Speaker, this bill allows the rightful funds of
the Shoshones to be properly distributed. My constituents, the Western
Shoshone people, have expressed to me an overwhelming majority, their
desire to see these funds distributed. In fact, the Western Shoshone
have voted not once, but twice, on this issue. In both instances, over
90 percent of the voters favored the distribution reflected in this
legislation.
The vast majority of the Western Shoshone people have formed a
cohesive group which operates under a democratic process to express the
will of the tribal members. These numbers account for approximately 65
percent of the eligible Shoshone voters.
{time} 1530
It is overwhelmingly obvious that the tribe wants these funds
distributed. It is important to note that H.R. 884 specifically ensures
that the funds distribution is not a waiver of existing treaty rights,
nor will it prevent the tribe, band or individual Shoshone Indians from
pursuing other rights guaranteed by law.
I want to thank Senator Harry Reid and Senator John Ensign of Nevada
for introducing this bill in the Senate, and I applaud the Members of
the Senate who voted unanimously to pass this measure in October of
last year.
I urge my colleagues to support the Western Shoshone people in their
endeavor to put this issue to rest once and for all by voting in favor
of H.R. 884.
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
(Mr. RAHALL asked and was given permission to revise and extend his
remarks.)
Mr. RAHALL. Mr. Speaker, when this legislation was considered by the
Committee on Resources, the majority of Democratic Members opposed it
after an amendment I sought to offer was not made in order. That
amendment would have made two important changes to the bill. First, it
would have provided that amounts distributed to the Western Shoshone
would not be treated as income and subjected to Federal or State taxes.
Second, it would have directed the Interior Secretary to devise a
list in consultation with the Western Shoshone of lands that may be
suitable to be held in trust for the tribes.
Today we are considering a modified version of that legislation,
which contains the language of the Senate-passed version, S. 618, and I
am pleased to note it contains a provision I sought to exempt, the
claims distribution from Federal and State income taxes. That is a very
important change.
It must be stated that while this legislation would distribute over
$130 million to the Western Shoshone, there is not consensus among the
tribes on this issue.
While we do not have an exact count, there is a segment of the
Western Shoshone who are opposed to this legislation. They believe that
if the claims award is distributed, they would then be precluded from
expanding the land base of the various Western Shoshone Indian tribes.
The ancestral lands of the Western Shoshone are rich with natural
resources and minerals. Some have put mining receipts on these lands in
the tens of billions of dollars since 1960s. Yet, there are no Western
Shoshone billionaires and, to date, no moves to give back some of these
rich lands to the tribes.
In that regard, I would report that the Senate sponsor of the pending
legislation has personally advised me that he would pursue legislation
to deal with the land issue. Based on that commitment, I find that I am
able to vote for the pending measure.
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. GIBBONS. Mr. Speaker, I would like to thank my friend and
colleague, the gentleman from West Virginia (Mr. Rahall) for the
courtesies and professionalism he has shown with regard to the
consideration of the bill now presently before us, ask all Members to
vote in the affirmative on this bill.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules
and pass the bill, H.R. 884, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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