[108th Congress Public Law 270]
[From the U.S. Government Printing Office]
[DOCID: f:publ270.108]
[[Page 118 STAT. 805]]
Public Law 108-270
108th Congress
An Act
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. <<NOTE: July 7, 2004 - [H.R. 884]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Western Shoshone
Claims Distribution Act.>>
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);
[[Page 118 STAT. 806]]
(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) <<NOTE: Federal Register, publication.>> 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
[[Page 118 STAT. 807]]
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.
[[Page 118 STAT. 808]]
(b) Western Shoshone Educational Trust Fund.--
(1) Establishment.--Not <<NOTE: Deadline.>> 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
[[Page 118 STAT. 809]]
(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).
[[Page 118 STAT. 810]]
(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.
Approved July 7, 2004.
LEGISLATIVE HISTORY--H.R. 884 (S. 618):
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HOUSE REPORTS: No. 108-299 (Comm. on Resources).
SENATE REPORTS: No. 108-151 accompanying S. 618 (Comm. on Indian
Affairs).
CONGRESSIONAL RECORD, Vol. 150 (2004):
June 21, considered and passed House.
June 24, considered and passed Senate.
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