108TH CONGRESS

2D SESSION H. R. 2489

AN ACT

To provide for the distribution of judgment funds

to the Cowlitz Indian Tribe.

108TH CONGRESS

2D SESSION H. R. 2489

AN ACT

To provide for the distribution of judgment funds to the

Cowlitz Indian Tribe.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. COWLITZ INDIAN TRIBE DISTRIBUTION OF

2 JUDGMENT FUNDS ACT.

3 This Act shall be known as the ‘‘Cowlitz Indian Tribe

4 Distribution of Judgment Funds Act’’.

5 SEC. 2. DEFINITIONS.

6 For the purpose of this Act—

7 (1) The term ‘‘current judgment fund’’ means

8 the funds awarded by the Indian Claims Commission

9 Docket No. 218 and all interest accrued thereon as

10 of the date of the enactment of this Act.

11 (2) The term ‘‘initial interest’’ means the inter12 est on the funds awarded by the Indian Claims Com13 mission Docket No. 218 during the time period from

14 one year before the date of the enactment of this Act

15 through the date of the enactment of this Act.

16 (3) The term ‘‘principal’’ means the funds

17 awarded by the Indian Claims Commission Docket

18 No. 218 and all interest accrued thereon as of one

19 year before the date of the enactment of this Act.

20 (4) The term ‘‘Secretary’’ means the Secretary

21 of the Interior.

22 (5) The term ‘‘tribe’’ means the Cowlitz Indian

23 Tribe of Washington, which was extended Federal

24 acknowledgment by the United States Department

25 of the Interior on December 31, 2001, pursuant to

26 part 83 of title 25, Code of Federal Regulations.
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1 (6) The term ‘‘tribal member’’ means an indi2 vidual who is an enrolled member of the Cowlitz In3 dian Tribe pursuant to tribal enrollment procedures

4 and requirements.

5 (7) The term ‘‘tribe’s governing body’’ means

6 the Cowlitz Tribal Council, which is the tribe’s gov7 erning body under the tribe’s Constitution.

8 (8) The term ‘‘tribal elder’’ means any tribal

9 member who was 62 years of age or older as of Feb10 ruary 14, 2000.

11 SEC. 3. JUDGMENT DISTRIBUTION PLAN.

12 Notwithstanding the Indian Tribal Judgment Funds

13 Use or Distribution Act (25 U.S.C. 1401, et seq.), or any

14 plan prepared or promulgated by the Secretary pursuant

15 to that Act, the judgment funds awarded in Indian Claims

16 Commission Docket No. 218 and interest accrued thereon

17 as of the date of the enactment of this Act shall be distrib18 uted and used in accordance with this Act.

19 SEC. 4. DISTRIBUTION AND USE OF FUNDS.

20 (a) PRINCIPAL PRESERVED AFTER ELDERLY AS21 SISTANCE AND TRIBAL ADMINISTRATION PAYMENTS.—

22 (1) Except as provided in subsection (b), the principal

23 shall not be distributed under this Act. Only the interest

24 earned on the undistributed principal may be used to fund
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1 such programs. There will be no distribution of any funds

2 other than as specified in this Act.

3 (2) The Secretary shall—

4 (A) maintain undistributed current judgment

5 funds in an interest-bearing account in trust for the

6 tribe; and

7 (B) disburse principal or interest in accordance

8 with this Act not later than 30 days after receipt by

9 the Northwest Regional Director, Bureau of Indian

10 Affairs, of a request by the tribe’s governing body

11 for such disbursement of funds.

12 (b) ELDERLY ASSISTANCE PROGRAM.—(1) From the

13 current judgment fund, the Secretary shall set aside 20

14 percent for an elderly assistance payment. The Secretary

15 shall provide one elderly assistance payment to each en16 rolled tribal elder not later than 30 days after all of the

17 following have occurred:

18 (A) The tribe’s governing body has compiled

19 and reviewed for accuracy a list of all enrolled tribal

20 members that are both a minimum of one-sixteenth

21 Cowlitz blood and 62 years of age or older as of

22 February 14, 2000.

23 (B) The Secretary has verified the blood quan24 tum and age of the tribal members identified on the

25 list prepared pursuant to subparagraph (A).
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1 (C) The tribe’s governing body has made a re2 quest for disbursement of judgment funds for the el3 derly assistance payment.

4 (2) If a tribal elder eligible for an elderly assistance

5 payment dies before receiving payment under this sub6 section, the money which would have been paid to that

7 individual shall be added to and distributed in accordance

8 with the emergency assistance program under subsection

9 (c).

10 (3) The Secretary shall pay all costs of distribution

11 under this subsection out of the amount set aside under

12 paragraph (1).

13 (c) EMERGENCY ASSISTANCE PROGRAM.—From the

14 principal, the Secretary shall set aside 10 percent for the

15 Emergency Assistance Program. Beginning the second

16 year after the date of the enactment of this Act, interest

17 earned on such sum shall be distributed annually in a

18 lump sum to the tribe’s governing body and will be used

19 to provide emergency assistance for tribal members. 10

20 percent of the initial interest shall be available upon the

21 date of the enactment of this Act to fund the program

22 for the first year after the date of the enactment of this

23 Act.

24 (d) EDUCATION, VOCATIONAL, AND CULTURAL

25 TRAINING PROGRAM.—From the principal, the Secretary
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1 shall set aside 10 percent for an Education, Vocational

2 and Cultural Training Program. Beginning the second

3 year after the date of the enactment of this Act, interest

4 earned on such sum shall be distributed annually in a

5 lump sum to the tribe’s governing body and will be used

6 to provide scholarships to tribal members pursuing edu7 cational advancement, including cultural and vocational

8 training. 10 percent of the initial interest shall be available

9 upon the date of the enactment of this Act to fund the

10 program for the first year after the date of the enactment

11 of this Act.

12 (e) HOUSING ASSISTANCE PROGRAM.—From the

13 principal, the Secretary shall set aside 5 percent for the

14 Housing Assistance Program. Beginning the second year

15 after the date of the enactment of this Act, interest earned

16 on such sum shall be disbursed annually in a lump sum

17 to the tribe’s governing body and may be added to any

18 existing tribal housing improvements programs to supple19 ment them or it may be used in a separate Housing Assist20 ance Program to be established by the tribe’s governing

21 body. 5 percent of the initial interest shall be available

22 upon the date of the enactment of this Act to fund the

23 program for the first year after the date of the enactment

24 of this Act.
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1 (f) ECONOMIC DEVELOPMENT, TRIBAL, AND CUL2 TURAL CENTERS.—From the principal, the Secretary

3 shall set aside 21.5 percent for economic development and,

4 if other funding is not available or not adequate (as deter5 mined by the tribe), for the construction and maintenance

6 of tribal and cultural centers. Beginning the second year

7 after the date of the enactment of this Act, interest earned

8 on such sum shall be disbursed annually in a lump sum

9 to the tribe’s governing body and shall be used for the

10 following, with 21.5 percent of the initial interest available

11 upon the date of the enactment of this Act to fund the

12 program for the first year after the date of the enactment

13 of this Act:

14 (1) Property acquisition for business or other

15 activities which are likely to benefit the tribe eco16 nomically or provide employment for tribal members.

17 (2) Business development for the tribe, includ18 ing collateralization of loans for the purchase or op19 eration of businesses, matching funds for economic

20 development grants, joint venture partnerships, and

21 other similar ventures, which are likely to produce

22 profits for the tribe. All business loans shall pay

23 principal and interest back to the Economic Devel24 opment program for reinvestments and business
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1 profits shall go to the tribe’s general fund for uses

2 to be determined by the tribe’s governing body.

3 (3) Design, construction, maintenance, and op4 eration of tribal and cultural centers.

5 (g) NATURAL RESOURCES.—From the principal, the

6 Secretary shall set aside 7.5 percent for natural resources.

7 Beginning the second year after the date of the enactment

8 of this Act, interest earned on such sum shall be disbursed

9 annually in a lump sum to the tribe’s governing body and

10 may be added to any existing tribal natural resource pro11 gram to enhance the tribe’s use and enjoyment of existing

12 and renewable natural resources within the tribe’s lands.

13 7.5 percent of the initial interest shall be available upon

14 the date of the enactment of this Act to fund the program

15 for the first year after the date of the enactment of this

16 Act.

17 (h) CULTURAL RESOURCES.—From the principal, the

18 Secretary shall set aside 4 percent for cultural resources.

19 Beginning the second year after the date of the enactment

20 of this Act, interest earned on such sum shall be distrib21 uted annually in a lump sum to the tribe’s governing body

22 and shall be used to maintain artifacts, collect documents,

23 archive, and identify cultural sites of tribal significance.

24 4 percent of the initial interest shall be available upon the

25 date of the enactment of this Act to fund the program
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1 for the first year after the date of the enactment of this

2 Act.

3 (i) HEALTH.—From the principal, the Secretary shall

4 set aside 21 percent for health. Beginning the second year

5 after the date of the enactment of this Act, interest earned

6 on such sum shall be disbursed annually in a lump sum

7 to the tribe’s governing body and shall be used for the

8 health needs of the tribe. 21 percent of the initial interest

9 shall be available upon the date of the enactment of this

10 Act to fund the program for the first year after the date

11 of the enactment of this Act.

12 (j) TRIBAL ADMINISTRATION PROGRAM.—From the

13 principal, the Secretary shall set aside 21 percent for trib14 al administration. 21 percent of the initial interest and

15 such of the principal sum set aside for this program as

16 required to fund the first year of this program at

17 $150,000, the sum of $150,000 shall be immediately dis18 bursed to the tribe for the purposes of funding tribal ad19 ministration for the first year after the date of the enact20 ment of this Act. Beginning the second year after the date

21 of the enactment of this Act, interest earned on the re22 maining principal set aside under this subsection shall be

23 disbursed annually in a lump sum to the tribe’s governing

24 body for operating costs of the tribe’s governing body, in25 cluding travel, telephone, cultural, and other expenses in-
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1 curred in the conduct of the tribe’s affairs, and legal fees

2 as approved by the tribe’s governing body.

3 (k) GENERAL CONDITIONS.—The following condi4 tions will apply to the management and use of all funds

5 available under this Act by the tribe’s governing body:

6 (1) No amount greater than 10 percent of the

7 interest earned on the principal designated for any

8 program under this Act may be used for the admin9 istrative costs of any of that program, except those

10 programs operated pursuant to subsections (i) and

11 (j).

12 (2) No service area is implied or imposed under

13 any program under this Act. If the costs of admin14 istering any program under this Act for the benefit

15 of tribal members living outside the tribe’s Indian

16 Health Service area are greater than 10 percent of

17 the interest earned on the principal designated for

18 that program, the tribe’s governing body may au19 thorize the expenditure of such funds for that pro20 gram.

21 (3) Before any expenditures, the tribe’s gov22 erning body must approve all programs and shall

23 publish in a publication of general circulation regula24 tions which provide standards and priorities for pro25 grams established in this Act.
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1 (4) Section 7 of the Indian Tribal Judgment

2 Funds Use or Distribution Act (25 U.S.C. 1407)

3 shall apply to funds available under this Act.

4 (5) Any tribal member who feels he or she has

5 been unfairly denied the right to take part in any

6 program under this Act may appeal to the tribal sec7 retary. The tribal secretary shall bring the appeal to

8 the tribe’s governing body for resolution. The resolu9 tion shall be made in a timely manner and the tribal

10 secretary at that time shall respond to the tribal

11 member.

Passed the House of Representatives March 23,

2004.

Attest:

Clerk.