107th CONGRESS
1st Session
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.
IN THE SENATE OF THE UNITED STATES
May 24, 2001
Mr. REID (for himself and Mr. ENSIGN) introduced the following bill; which
was read twice and referred to the Committee on Indian Affairs
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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.
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 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.
Return to Western Shoshone Testimony in Opposition to S. 958