[House Report 108-299]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-299

======================================================================
 
                WESTERN SHOSHONE CLAIMS DISTRIBUTION ACT

                                _______
                                

October 7, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 884]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred 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, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 Identifiable Group'' of the Shoshone Nation, 
under Docket Number 326-K before the Indian Claims Commission, 
including all earned interest, shall be distributed as follows:
          (1) Judgment roll.--The Secretary shall identify and allocate 
        the resources necessary to 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) Certain individuals ineligible.--Any individual 
        determined or certified as eligible by the Secretary to receive 
        a per capita payment from any other judgment fund, based upon 
        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 eligible 
        for enrollment under this Act.
          (3) Publication of roll.--Not later than 120 days after the 
        date of enactment of this Act, the Secretary shall publish in 
        the Federal Register rules and regulations governing the 
        establishment of the Western Shoshone Judgment Roll and shall 
        use 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) Per capita payments.--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 judgment roll.
          (5) Conditions of per capita payments.--
                  (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) Applicable law.--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) Unpaid amounts.--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) Residual amounts.--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) Not a waiver of treaty rights.--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 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) Establishment of trust fund.--(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) Administrative committee.--(A) An Administrative 
        Committee, exclusively comprised of Western Shoshone, to 
        oversee the distribution of the educational grants and 
        assistance authorized under section (3)(2) shall be established 
        as provided for in this paragraph.
          (B) The Western Shoshone Administrative Committee shall 
        consist of 1 representative from each of the following 
        organizations:
                  (i) The Te-Moak Tribes of Western Shoshone Indians.
                  (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, appeals 
        procedures, rules of conduct, eligibility criteria for receipt 
        of educational grants or assistance (such criteria to be 
        consistent with this Act), application selection 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 or 
        organization, 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 the following definitions apply:
          (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 
        member'' means an individual who appears on a Western Shoshone 
        Band or Tribe Base Roll or an individual who is the lineal 
        descendant of an individual appearing on the base roll of one 
        of the Western Bands of the Shoshone Nation of Indians, who 
        meets the criteria of section 2(1) under this Act and for 
        purposes of the trust funds, 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.
          (5) Western shoshone identifiable group.--The term ``Western 
        Shoshone Identifiable Group'' means those individual Western 
        Shoshones identified as claimants by the Indian Claims 
        Commission in Dockets 326-K, 326-A-1, and 326-A-3, distinct and 
        severed from the claims of the Northwestern, Eastern, and Mixed 
        Bands of Shoshones and Bannocks, Lemhi, or Goshute bands of the 
        Shoshone Nation.
          (6) Aboriginal land claim.--The term ``aboriginal land 
        claim'' means a claim derived from land where the band, tribe 
        or identifiable group claimed a right of occupancy based on 
        their immemorial possession of the area.
          (7) Base roll.--The term ``base roll'' means the originating 
        census (list) compiled by the Federal Government that 
        established tribal membership.

SEC. 5. REGULATIONS.

  The Secretary may promulgate such regulations as are necessary to 
carry out this Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 884 is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 1951, the Te-Moak Bands of Western Shoshone Indians 
filed two claims with the Indian Claims Commission against the 
United States. One was a takings claim for the 19th-century 
loss of aboriginal title to lands located mostly in Nevada, 
California and Idaho. The other was a general accounting claim. 
The land claim concluded in 1979, and resulted in an award of 
$26.1 million. The accounting claim resulted in awards totaling 
about $850,000. These awards, however, have never been 
distributed. H.R. 884 provides for the distribution of the 
principal and interest of these awards.
    H.R. 884 provides for the use and distribution of the 
awards (referenced by certain docket numbers). When a hearing 
on H.R. 884 was held on June 18, 2003, the amount of the 
judgment funds was estimated to be approximately $143.9 
million, including interest. Using this figure as a basis for 
this report, under H.R. 884, $142,472,644 will be paid to 
eligible Western Shoshones on a per capita share basis. The 
remaining $1,386,718 would be used for an education trust fund 
for the benefit of the Western Shoshone Indians.
    The bill specifies the criteria for eligibility for the per 
capita payments and for distributing the funds for the purposes 
of the bill. The bill requires the Secretary of the Interior to 
establish a judgment roll consisting of Western Shoshones who 
have at least \1/4\ degree of Western Shoshone blood, are 
citizens of the United States, and are living at the date of 
enactment. The Secretary would distribute the approximately 
$142 million for the land claim to each eligible person on the 
judgment roll through a per-capita share. The $1.38 million 
awarded for the accounting claim would be used to establish the 
``Western Shoshone Educational Trust Fund'' for educational 
grants and other purposes.
    One of the main reasons for the delay in distributing funds 
has to do with disputes among some Western Shoshones over the 
disposition of the funds. Some Western Shoshone people believe 
the distribution would preclude them from seeking restoration 
of title to their aboriginal lands, which they argue did not 
have its title legitimately extinguished. However, federal 
court decisions have upheld that the Indian Claims Commission 
payment is a ``full discharge of the United States of all 
claims and demands touching any of the matters involved in the 
controversy.'' (Section 22(a) of the Indian Claims Commission 
Act). Section 2(9) of the bill (as introduced and as amended in 
committee) provides that receiving funds under this bill does 
not waive the Western Shoshone's existing treaty rights or 
ability to pursue other rights as guaranteed in law.
    During the hearing and later markup of the bill, there was 
considerable discussion concerning whether a majority, and how 
large a majority, of the Western Shoshone people favor a 
distribution of the judgment funds. While there is disagreement 
among some factions of the Western Shoshone community, it is 
the judgment of the Department of the Interior that H.R. 884 
``reflects the wishes of the vast majority of the Western 
Shoshone people.'' Statement on H.R. 844 of Michael D. Olsen, 
Counselor to the Assistant Secretary for Indian Affairs, June 
18, 2003. More important, there was no evidence provided by 
dissidents to prove that enactment of this bill of the judgment 
funds would affect the legal rights of the Western Shoshone.
    The basic purpose of this bill is to distribute certain 
judgment funds that have remained out of reach of their 
rightful owners for several decades. Delaying the distribution 
of the funds is unreasonable and unfair.
    Similar bills to provide for a distribution of the judgment 
funds were introduced in the 107th Congress. One of the bills, 
S. 958, was passed by the Senate and referred to the House 
Resources Committee, but was not considered further because 
Congress adjourned.

                            COMMITTEE ACTION

    H.R. 884 was introduced on February 25, 2003, by 
Congressman Jim Gibbons (R-NV). The bill was referred to the 
Committee on Resources. On June 18, 2003, the Full Committee 
held a hearing on the bill. On September 24, 2003, the Full 
Resources Committee met to consider the bill. Congressman 
Gibbons offered an amendment in the nature of a substitute 
which made several technical changes to the bill, including 
clarifying which members of the Western Shoshone Nation are 
eligible for judgment fund distribution, setting a time frame 
in which the Interior Department is supposed to act, and adding 
definitions of certain terms contained in the underlying text. 
Congressman Nick J. Rahall II offered an amendment to the 
amendment in the nature of a substitute; however, a point of 
order was sustained against it. The amendment in the nature of 
a substitute was agreed to by voice vote. The bill, as amended, 
was then ordered favorably reported to the House of 
Representatives by a rollcall vote of 21 to 14, as follows:


            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States (``The Congress shall have the power to * * * regulate 
commerce * * * with the Indian Tribes;'') grants Congress the 
authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional budget Office,
                                Washington, DC, September 25, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources, House of Representatives, Washington, 
        DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 884, the Western 
Shoshone Claims Distribution Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lanette J. 
Walker.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 884--Western Shoshone Claims Distribution Act

    H.R. 884 would establish procedures for the distribution of 
about $143 million in judgment awards held in trust funds on 
behalf of the members of the Western Shoshone tribes. Under 
current law, the funds cannot be spent or distributed by the 
tribes until the Congress approves a plan to allocate the 
funds.
    The tribes were awarded over $26 million in 1979 as 
compensation for the federal government's taking of tribal land 
in California and Nevada and the removal of minerals from that 
land. H.R. 884 would provide for payments to eligible members 
of the Western Shoshone tribes of the $26 million plus interest 
earned on that amount--a total of about $143 million.
    H.R. 884 also would allow for the distribution of interest 
earnings on about $1.4 million that was awarded by the Court of 
Federal Claims to the Western Shoshone for the federal 
government's improper accounting of tribal funds. Under the 
bill, the interest on that trust fund would be used to make 
educational grants or to provide other education assistance to 
Western Shoshone members and to pay for the administrative 
expenses of the disbursement committee.
    Those trust funds are held and managed in a fiduciary 
capacity by the federal government on behalf of Indian tribes 
and are treated in the budget as nonfederal entities. As a 
result, outlays were recorded on the budget when the judgments 
were awarded to the tribes and paid into those funds, and there 
is no budgetary impact when the money is distributed to the 
individual members of the tribes. Therefore, CBO estimates that 
enacting H.R. 884 would have no effect on the federal budget.
    H.R. 884 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    On August 19, 2003, CBO transmitted a cost estimate for S. 
618, the Western Shoshone Claims Distribution Act, as ordered 
reported by the Senate Committee on Indian Affairs on July 16, 
2003. The language of the bills are similar and the cost 
estimates are identical.
    The CBO staff contact for this estimate is Lanette J. 
Walker. This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.



                            DISSENTING VIEWS

    The issue of the distribution of funds raised by H.R. 884 
has come before the House Resources Committee several times, 
and each time the legislation has failed to be enacted. It has 
failed generally over the same problem--the lack of a showing 
of strong support within the Western Shoshone Indian population 
and among the federally recognized Western Shoshone tribes. 
This problem still exists and the bill should not be moved 
until it is appropriately addressed.
    The Committee held a hearing on this bill on June 18th of 
this year. At that time the Administration witness promised to 
provide additional information to the Committee to support its 
claim that a ``vast majority'' of Western Shoshone supported 
the distribution of the claims judgment as provided for under 
this legislation. Representative Tom Udall, requested 
documentation on this assertion and was promised it would be 
provided to the Committee. A full fifteen weeks later, and 
despite repeated calls to the Interior Department, no 
documentation has been sent and we are still waiting for this 
information.
    This goes right to the heart of the question of support for 
this bill. It is premature to move this legislation forward. We 
do not have all of the facts and by this point in time one must 
question whether or not the Department has any such 
documentation.
    We do not have documentation showing the ``vast majority'' 
of Western Shoshone Indians support this legislation nor 
tribally passed resolutions from the majority of tribes in 
support.
    In addition, we are uncomfortable with the assertion that 
Congress should distribute over $130 million of Western 
Shoshone money based on a so called ``straw poll'' taken by an 
unofficial ad hoc committee known as the Western Shoshone 
Steering Committee. By all accounts the Steering Committee was 
comprised of very dedicated, hard working, honest Western 
Shoshone Indians.
    The problem is that by the very nature of being an ad hoc 
committee, we are left with no official tribal or federal 
documentation as to the specifics of how the straw poll vote 
was taken. We have no consistent and specific information on 
voter eligibility, voter education, absentee information, 
sample ballot information, and ballot counting rules that were 
followed.
    Further, the bill contains no process to expand the land 
base of the various Western Shoshone Indian tribes. Perhaps the 
one thing the Western Shoshone tribes can agree on is the need 
for more land. There is no doubt that the ancestral lands of 
the Western Shoshone are rich in natural resources and 
minerals. Some estimates have put the value of mining receipts 
on these lands in the tens of billions since the 1960's.
    Western Shoshone Indians are spread across at least three 
States working hard to eke out a living and provide for their 
families. Elders wonder if they will ever see judgment fund 
distribution checks. Western Shoshone tribes struggle to keep 
their sovereign governments afloat with very limited resources 
available for economic development while others become wealthy 
off of what used to be Shoshone land.
    The National Congress of American Indians (NCAI) which is 
the oldest and largest national Indian organization passed 
Resolution #SD-02-017 in November, 2002 which states in part:

        * * * Now Therefore Be It Resolved, that the NCAI does 
        hereby call upon the United States to make a 
        legislative commitment to enter into land talks with 
        the Western Shoshone Nation

    Representative Nick Rahall, II, offered an amendment during 
mark up of this legislation which would have directed the 
Secretary of Interior to enter into discussions with the 
various Western Shoshone tribes for the purposes of identifying 
specific land parcels appropriate for adding to each tribe's 
land base. In addition the amendment would have exempted the 
judgment funds distributed from taxation or from counting 
against the recipient in any government program. Finally, the 
amendment would have required that an audit of the judgment 
funds be conducted by the Secretary of Interior prior to the 
funds' distribution. The amendment was objected to and ruled 
out-of-order.
    H.R. 884 as ordered reported by the Committee on Resources 
establishes a ``Western Shoshone Educational Trust Fund.'' 
Changes were made to this section at mark up which we feel will 
cause it to fail as a long lasting education fund. The amended 
bill now defines the term ``Western Shoshone member'' as ``an 
individual who is a lineal descendant of an individual 
appearing on the base roll of one of the Western Bands of the 
Western Shoshone Nation of Indians, who meets the criterion of 
section 2(1) under this Act * * *''
    Section 2(1) sets out three requirements to be enrolled on 
the ``Western Shoshone Judgment Roll'' to receive a per capital 
share of the Docket 326-K funds. The third requirement, set 
forth in section 2(1)(C), is that the individual is ``* * * 
livingon the date of enactment of this Act.'' There are 
problems with the requirements to receive educational benefits.
    The first is that individual must appear on the ``Western 
Shoshone Judgment Roll'' and appear on ``a Western Shoshone 
Band or Tribe Base Roll'' or be a lineal descendant or an 
individual appearing on the base roll. We have been informed 
that there are people who will appear on the ``Western Shoshone 
Judgment Roll'' who are not listed on a ``base roll'' or a 
lineal descent of someone who is. It is unclear why this 
additional burden has been added.
    An additional problem is that all persons born after the 
date of enactment will be prohibited from receiving educational 
benefits. Once all eligible persons born on the date of 
enactment receive benefits or decline to apply, any remaining 
monies in the Western Shoshone Educational Trust Fund will 
continue to accrue dividends and interest presumably growing ad 
infinitum. The fund will grow but Western Shoshone youth will 
have no way to tap into the resources.
    Some simple amendments to this legislation could go a long 
way to addressing many concerns, however, the bill is on a fast 
track to move leaving little option remaining but to oppose its 
passage.
    In the year 2003, Congress should pass such legislation 
only when we are assured of tribal support and the government-
to-government partnership has been respected.

                                   Nick J. Rahall.
                                   Tom Udall.
                                   Mark Udall.
                                   Donna M. Christensen.
                                   Madeleine Z. Bordallo.
                                   Frank Pallone, Jr.

                                
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