Pub.L. 108-271 To provide new human capital flexibilities with respect to the GAO, and for other purposes. <> ...

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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.

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    (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

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                          (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.--

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