H. R. 2489

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twentieth day of January, two thousand and four

An Act

To provide for the distribution of judgment funds to the Cowlitz Indian Tribe.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT

FUNDS ACT.

This Act shall be known as the ‘‘Cowlitz Indian Tribe Distribution of Judgment Funds Act’’.

SEC. 2. DEFINITIONS.

For the purpose of this Act—

(1) The term ‘‘current judgment fund’’ means the funds

awarded by the Indian Claims Commission Docket No. 218

and all interest accrued thereon as of the date of the enactment

of this Act.

(2) The term ‘‘initial interest’’ means the interest on the

funds awarded by the Indian Claims Commission Docket No.

218 during the time period from one year before the date

of the enactment of this Act through the date of the enactment

of this Act.

(3) The term ‘‘principal’’ means the funds awarded by the

Indian Claims Commission Docket No. 218 and all interest

accrued thereon as of one year before the date of the enactment

of this Act.

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

Interior.

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

Washington, which was extended Federal acknowledgment by

the United States Department of the Interior on December

31, 2001, pursuant to part 83 of title 25, Code of Federal

Regulations.

(6) The term ‘‘tribal member’’ means an individual who

is an enrolled member of the Cowlitz Indian Tribe pursuant

to tribal enrollment procedures and requirements.

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

Tribal Council, which is the tribe’s governing body under the

tribe’s Constitution.

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

was 62 years of age or older as of February 14, 2000.

SEC. 3. JUDGMENT DISTRIBUTION PLAN.

Notwithstanding the Indian Tribal Judgment Funds Use or

Distribution Act (25 U.S.C. 1401, et seq.), or any plan prepared

or promulgated by the Secretary pursuant to that Act, the judgment
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funds awarded in Indian Claims Commission Docket No. 218 and

interest accrued thereon as of the date of the enactment of this

Act shall be distributed and used in accordance with this Act.

SEC. 4. DISTRIBUTION AND USE OF FUNDS.

(a) PRINCIPAL PRESERVED AFTER ELDERLY ASSISTANCE AND

TRIBAL ADMINISTRATION PAYMENTS.—(1) Except as provided in subsection (b), the principal shall not be distributed under this Act.

Only the interest earned on the undistributed principal may be

used to fund such programs. There will be no distribution of any

funds other than as specified in this Act.

(2) The Secretary shall—

(A) maintain undistributed current judgment funds in an

interest-bearing account in trust for the tribe; and

(B) disburse principal or interest in accordance with this

Act not later than 30 days after receipt by the Northwest

Regional Director, Bureau of Indian Affairs, of a request by

the tribe’s governing body for such disbursement of funds.

(b) ELDERLY ASSISTANCE PROGRAM.—(1) From the current judgment fund, the Secretary shall set aside 20 percent for an elderly

assistance payment. The Secretary shall provide one elderly assistance payment to each enrolled tribal elder not later than 30 days

after all of the following have occurred:

(A) The tribe’s governing body has compiled and reviewed

for accuracy a list of all enrolled tribal members that are

both a minimum of one-sixteenth Cowlitz blood and 62 years

of age or older as of February 14, 2000.

(B) The Secretary has verified the blood quantum and

age of the tribal members identified on the list prepared pursuant to subparagraph (A).

(C) The tribe’s governing body has made a request for

disbursement of judgment funds for the elderly assistance payment.

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

dies before receiving payment under this subsection, the money

which would have been paid to that individual shall be added

to and distributed in accordance with the emergency assistance

program under subsection (c).

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

this subsection out of the amount set aside under paragraph (1).

(c) EMERGENCY ASSISTANCE PROGRAM.—From the principal, the

Secretary shall set aside 10 percent for the Emergency Assistance

Program. Beginning the second year after the date of the enactment

of this Act, interest earned on such sum shall be distributed

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

be used to provide emergency assistance for tribal members. 10

percent of the initial interest shall be available upon the date

of the enactment of this Act to fund the program for the first

year after the date of the enactment of this Act.

(d) EDUCATION, VOCATIONAL, AND CULTURAL TRAINING PROGRAM.—From the principal, the Secretary shall set aside 10 percent

for an Education, Vocational and Cultural Training Program. Beginning the second year after the date of the enactment of this Act,

interest earned on such sum shall be distributed annually in a

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

scholarships to tribal members pursuing educational advancement,

including cultural and vocational training. 10 percent of the initial
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interest shall be available upon the date of the enactment of this

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

enactment of this Act.

(e) HOUSING ASSISTANCE PROGRAM.—From the principal, the

Secretary shall set aside 5 percent for the Housing Assistance

Program. Beginning the second year after the date of the enactment

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

in a lump sum to the tribe’s governing body and may be added

to any existing tribal housing improvements programs to supplement them or it may be used in a separate Housing Assistance

Program to be established by the tribe’s governing body. 5 percent

of the initial interest shall be available upon the date of the enactment of this Act to fund the program for the first year after

the date of the enactment of this Act.

(f) ECONOMIC DEVELOPMENT, TRIBAL, AND CULTURAL CENTERS.—From the principal, the Secretary shall set aside 21.5 percent

for economic development and, if other funding is not available

or not adequate (as determined by the tribe), for the construction

and maintenance of tribal and cultural centers. Beginning the

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

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

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

with 21.5 percent of the initial interest available upon the date

of the enactment of this Act to fund the program for the first

year after the date of the enactment of this Act:

(1) Property acquisition for business or other activities

which are likely to benefit the tribe economically or provide

employment for tribal members.

(2) Business development for the tribe, including

collateralization of loans for the purchase or operation of

businesses, matching funds for economic development grants,

joint venture partnerships, and other similar ventures, which

are likely to produce profits for the tribe. All business loans

shall pay principal and interest back to the Economic Development program for reinvestments and business profits shall

go to the tribe’s general fund for uses to be determined by

the tribe’s governing body.

(3) Design, construction, maintenance, and operation of

tribal and cultural centers.

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

shall set aside 7.5 percent for natural resources. Beginning the

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

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

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

tribal natural resource program to enhance the tribe’s use and

enjoyment of existing and renewable natural resources within the

tribe’s lands. 7.5 percent of the initial interest shall be available

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

for the first year after the date of the enactment of this Act.

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

shall set aside 4 percent for cultural resources. Beginning the

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

earned on such sum shall be distributed annually in a lump sum

to the tribe’s governing body and shall be used to maintain artifacts,

collect documents, archive, and identify cultural sites of tribal

significance. 4 percent of the initial interest shall be available
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upon the date of the enactment of this Act to fund the program

for the first year after the date of the enactment of this Act.

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

21 percent for health. Beginning the second year after the date

of the enactment of this Act, interest earned on such sum shall

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

body and shall be used for the health needs of the tribe. 21 percent

of the initial interest shall be available upon the date of the enactment of this Act to fund the program for the first year after

the date of the enactment of this Act.

(j) TRIBAL ADMINISTRATION PROGRAM.—From the principal, the

Secretary shall set aside 21 percent for tribal administration. 21

percent of the initial interest and such of the principal sum set

aside for this program as required to fund the first year of this

program at $150,000, the sum of $150,000 shall be immediately

disbursed to the tribe for the purposes of funding tribal administration for the first year after the date of the enactment of this

Act. Beginning the second year after the date of the enactment

of this Act, interest earned on the remaining principal set aside

under this subsection shall be disbursed annually in a lump sum

to the tribe’s governing body for operating costs of the tribe’s governing body, including travel, telephone, cultural, and other

expenses incurred in the conduct of the tribe’s affairs, and legal

fees as approved by the tribe’s governing body.

(k) GENERAL CONDITIONS.—The following conditions will apply

to the management and use of all funds available under this Act

by the tribe’s governing body:

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

earned on the principal designated for any program under

this Act may be used for the administrative costs of any of

that program, except those programs operated pursuant to subsections (i) and (j).

(2) No service area is implied or imposed under any program under this Act. If the costs of administering any program

under this Act for the benefit of tribal members living outside

the tribe’s Indian Health Service area are greater than 10

percent of the interest earned on the principal designated for

that program, the tribe’s governing body may authorize the

expenditure of such funds for that program.

(3) Before any expenditures, the tribe’s governing body

must approve all programs and shall publish in a publication

of general circulation regulations which provide standards and

priorities for programs established in this Act.

(4) Section 7 of the Indian Tribal Judgment Funds Use

or Distribution Act (25 U.S.C. 1407) shall apply to funds available under this Act.

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

denied the right to take part in any program under this Act

may appeal to the tribal secretary. The tribal secretary shall

bring the appeal to the tribe’s governing body for resolution.
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The resolution shall be made in a timely manner and the

tribal secretary at that time shall respond to the tribal member.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.