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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2489 Enrolled Bill (ENR)]

        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 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 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 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 tofund 
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. 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.
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