I 

108TH CONGRESS 

1ST SESSION H. R. 2489

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

Tribe. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 17, 2003

Mr. BAIRD introduced the following bill; which was referred to the Committee 

on Resources 

A BILL

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,

3 SECTION 1. COWLITZ INDIAN TRIBE DISTRIBUTION OF 

4 JUDGMENT FUNDS ACT. 

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

6 Distribution of Judgment Funds Act’’. 

7 SEC. 2. DEFINITIONS. 

8 For the purpose of this Act—

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

10 the funds awarded by the Indian Claims Commission 
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1 Docket No. 218 and all interest accrued thereon as 

2 of the date of the enactment of this Act. 

3 (2) The term ‘‘initial interest’’ means the inter4 est on the funds awarded by the Indian Claims Com5 mission Docket No. 218 accrued during the time pe6 riod from one year before the date of the enactment 

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

8 Act. 

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

10 awarded by the Indian Claims Commission Docket 

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

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

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

14 of the Interior. 

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

16 Tribe of Washington, which was extended Federal 

17 acknowledgment by the United States Department 

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

19 part 83 of title 25, Code of Federal Regulations. 

20 (6) The term ‘‘tribal member’’ means an indi21 vidual who is an enrolled member of the Cowlitz In22 dian Tribe pursuant to tribal enrollment procedures 

23 and requirements. 
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1 (7) The term ‘‘tribe’s governing body’’ means 

2 the Cowlitz Tribal Council, which is the tribe’s gov3 erning body under the tribe’s Constitution. 

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

5 member who was 62 years of age or older as of Feb6 ruary 14, 2000. 

7 SEC. 3. JUDGMENT DISTRIBUTION PLAN. 

8 Notwithstanding the Indian Tribal Judgment Funds 

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

10 plan prepared or promulgated by the Secretary pursuant 

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

12 Commission Docket No. 218 and interest accrued thereon 

13 as of the date of the enactment of this Act shall be distrib14 uted and used in accordance with this Act. 

15 SEC. 4. DISTRIBUTION AND USE OF FUNDS. 

16 (a) PRINCIPAL PRESERVED AFTER ELDERLY AS17 SISTANCE AND TRIBAL ADMINISTRATION PAYMENTS.—

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

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

20 earned on the undistributed principal may be used to fund 

21 such programs. There will be no distribution of any funds 

22 other than as specified in this Act. 

23 (2) The Secretary shall—
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1 (A) maintain undistributed current judgment 

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

3 tribe; and 

4 (B) disburse principal or interest in accordance 

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

6 the Northwest Regional Director, Bureau of Indian 

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

8 for such disbursement of funds. 

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

10 current judgment fund, the Secretary shall set aside 20 

11 percent for an elderly assistance payment. The Secretary 

12 shall provide one elderly assistance payment to each en13 rolled tribal elder not later than 30 days after all of the 

14 following have occurred: 

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

16 and reviewed for accuracy a list of all enrolled tribal 

17 members that are both a minimum of one-sixteenth 

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

19 February 14, 2000. 

20 (B) The Secretary has verified the blood quan21 tum and age of the tribal members identified on the 

22 list prepared pursuant to subparagraph (A). 

23 (C) The tribe’s governing body has made a re24 quest for disbursement of judgment funds for the el25 derly assistance payment. 
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1 (2) If a tribal elder eligible for an elderly assistance 

2 payment dies before receiving payment under this sub3 section, the money which would have been paid to that 

4 individual shall be added to and distributed in accordance 

5 with the emergency assistance program under subsection 

6 (c). 

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

8 under this subsection out of the amount set aside under 

9 paragraph (1). 

10 (c) EMERGENCY ASSISTANCE PROGRAM.—From the 

11 principal, the Secretary shall set aside 10.01 percent for 

12 the Emergency Assistance Program. Beginning the second 

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

14 earned on such sum shall be distributed annually in a 

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

16 to provide emergency assistance for tribal members. 10.01 

17 percent of the initial interest shall be available upon the 

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

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

20 Act. 

21 (d) EDUCATION, VOCATIONAL, AND CULTURAL

22 TRAINING PROGRAM.—From the principal, the Secretary 

23 shall set aside 10.01 percent for an Education, Vocational 

24 and Cultural Training Program. Beginning the second 

25 year after the date of the enactment of this Act, interest 
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1 earned on such sum shall be distributed annually in a 

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

3 to provide scholarships to tribal members pursuing edu4 cational advancement, including cultural and vocational 

5 training. 10.01 percent of the initial interest shall be avail6 able upon the date of the enactment of this Act to fund 

7 the program for the first year after the date of the enact8 ment of this Act. 

9 (e) HOUSING ASSISTANCE PROGRAM.—From the 

10 principal, the Secretary shall set aside 5.01 percent for 

11 the Housing Assistance Program. Beginning the second 

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

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

14 sum to the tribe’s governing body and may be added to 

15 any existing tribal housing improvements programs to 

16 supplement them or it may be used in a separate Housing 

17 Assistance Program to be established by the tribe’s gov18 erning body. 5.01 percent of the initial interest shall be 

19 available upon the date of the enactment of this Act to 

20 fund the program for the first year after the date of the 

21 enactment of this Act. 

22 (f) ECONOMIC DEVELOPMENT, TRIBAL, AND CUL23 TURAL CENTERS.—From the principal, the Secretary 

24 shall set aside 21.45 percent for economic development 

25 and, if other funding is not available or not adequate (as 
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1 determined by the tribe), for the construction and mainte2 nance of tribal and cultural centers. Beginning the second 

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

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

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

6 the following, with 21.45 percent of the initial interest 

7 available upon the date of the enactment of this Act to 

8 fund the program for the first year after the date of the 

9 enactment of this Act: 

10 (1) Property acquisition for business or other 

11 activities which are likely to benefit the tribe eco12 nomically or provide employment for tribal members. 

13 (2) Business development for the tribe, includ14 ing collateralization of loans for the purchase or op15 eration of businesses, matching funds for economic 

16 development grants, joint venture partnerships, and 

17 other similar ventures, which are likely to produce 

18 profits for the tribe. All business loans shall pay 

19 principal and interest back to the Economic Devel20 opment program for reinvestments and business 

21 profits shall go to the tribe’s general fund for uses 

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

23 (3) Design, construction, maintenance, and op24 eration of tribal and cultural centers. 
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1 (g) NATURAL RESOURCES.—From the principal, the 

2 Secretary shall set aside 8.43 percent for natural re3 sources. Beginning the second year after the date of the 

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

5 be disbursed annually in a lump sum to the tribe’s gov6 erning body and may be added to any existing tribal nat7 ural resource program to enhance the tribe’s use and en8 joyment of existing and renewable natural resources with9 in the tribe’s lands. 8.43 percent of the initial interest 

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

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

12 of the enactment of this Act. 

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

14 Secretary shall set aside 4.33 percent for cultural re15 sources. Beginning the second year after the date of the 

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

17 be distributed annually in a lump sum to the tribe’s gov18 erning body and shall be used to maintain artifacts, collect 

19 documents, archive, and identify cultural sites of tribal 

20 significance. 4.33 percent of the initial interest shall be 

21 available upon the date of the enactment of this Act to 

22 fund the program for the first year after the date of the 

23 enactment of this Act. 

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

25 set aside 20.73 percent for health. Beginning the second 
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1 year after the date of the enactment of this Act, interest 

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

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

4 the health needs of the tribe. 20.73 percent of the initial 

5 interest shall be available upon the date of the enactment 

6 of this Act to fund the program for the first year after 

7 the date of the enactment of this Act. 

8 (j) TRIBAL ADMINISTRATION PROGRAM.—From the 

9 principal, the Secretary shall set aside 20.03 percent for 

10 tribal administration. 20.03 of the initial interest and such 

11 of the principal sum set aside for this program as required 

12 to fund the first year of this program at $150,000, the 

13 sum of $150,000 shall be immediately disbursed to the 

14 tribe for the purposes of funding tribal administration for 

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

16 Beginning the second year after the date of the enactment 

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

18 aside under this subsection shall be disbursed annually in 

19 a lump sum to the tribe’s governing body for operating 

20 costs of the tribe’s governing body, including travel, tele21 phone, cultural, and other expenses incurred in the con22 duct of the tribe’s affairs, and legal fees as approved by 

23 the tribe’s governing body. 
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1 (k) GENERAL CONDITIONS.—The following condi2 tions will apply to the management and use of all funds 

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

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

5 interest earned on the principal designated for any 

6 program under this Act may be used for the admin7 istrative costs of any of that program, except those 

8 programs operated pursuant to subsections (i) and 

9 (j). 

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

11 any program under this Act. If the costs of admin12 istering any program under this Act for the benefit 

13 of tribal members living outside the tribe’s Indian 

14 Health Service area are greater than 10 percent of 

15 the interest earned on the principal designated for 

16 that program, the tribe’s governing body may au17 thorize the expenditure of such funds for that pro18 gram. 

19 (3) Before any expenditures, the tribe’s gov20 erning body must approve all programs and shall 

21 publish in a publication of general circulation regula22 tions which provide standards and priorities for pro23 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.

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