TheWeekInCongress.com

Week Ending June 25 2004

HR 884 Western Shoshone Claims Distribution Act

BRIEF

   The Committee report accompanying the bill explained that ‘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 (land) 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.

   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.' the bill 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.'

Sponsor: Representative Jim Gibbons (D-NV)

Vote: Passed House by voice vote. Passed Senate by Unanimous Consent.

Cost to the taxpayers: No discernible costs.