[Congressional Record (Bound Edition), Volume 150 (2004), Part 10]
[House]
[Pages 13202-13204]
[From the U.S. 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 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.

[[Page 13203]]

       (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.
  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.

[[Page 13204]]

  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. 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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