IB 

Union Calendar No. 218

108TH CONGRESS 

1ST SESSION H. R. 2489

[Report No. 108–368] 

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 

NOVEMBER 17, 2003 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 17, 2003] 

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,
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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 the 

8 funds awarded by the Indian Claims Commission 

9 Docket No. 218 and all interest accrued thereon as of 

10 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 of 

21 the Interior. 

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

23 Tribe of Washington, which was extended Federal ac24 knowledgment by the United States Department of the 

25 Interior on December 31, 2001, pursuant to part 83 

26 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 the 

6 Cowlitz Tribal Council, which is the tribe’s governing 

7 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 ASSIST21 ANCE AND TRIBAL ADMINISTRATION PAYMENTS.—(1) Ex22 cept as provided in subsection (b), the principal shall not 

23 be distributed under this Act. Only the interest earned on 

24 the undistributed principal may be used to fund such pro-
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1 grams. There will be no distribution of any funds other than 

2 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 for 

11 such disbursement of funds. 

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

13 current judgment fund, the Secretary shall set aside 20 per14 cent for an elderly assistance payment. The Secretary shall 

15 provide one elderly assistance payment to each enrolled 

16 tribal elder not later than 30 days after all of the following 

17 have occurred: 

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

19 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 Feb22 ruary 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 indi7 vidual shall be added to and distributed in accordance with 

8 the emergency assistance program under subsection (c). 

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

10 under this subsection out of the amount set aside under 

11 paragraph (1). 

12 (c) EMERGENCY ASSISTANCE PROGRAM.—From the 

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

14 Emergency Assistance Program. Beginning the second year 

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

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

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

18 emergency assistance for tribal members. 10 percent of the 

19 initial interest shall be available upon the date of the enact20 ment of this Act to fund the program for the first year after 

21 the date of the enactment of this Act. 

22 (d) EDUCATION, VOCATIONAL, AND CULTURAL TRAIN23 ING PROGRAM.—From the principal, the Secretary shall set 

24 aside 10 percent for an Education, Vocational and Cultural 

25 Training Program. Beginning the second year after the 
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1 date of the enactment of this Act, interest earned on such 

2 sum shall be distributed annually in a lump sum to the 

3 tribe’s governing body and will be used to provide scholar4 ships to tribal members pursuing educational advancement, 

5 including cultural and vocational training. 10 percent of 

6 the initial interest shall be available upon the date of the 

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

8 after the date of the enactment of this Act. 

9 (e) HOUSING ASSISTANCE PROGRAM.—From the prin10 cipal, the Secretary shall set aside 5 percent for the Housing 

11 Assistance Program. Beginning the second year after the 

12 date of the enactment of this Act, interest earned on such 

13 sum shall be disbursed annually in a lump sum to the 

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

15 tribal housing improvements programs to supplement them 

16 or it may be used in a separate Housing Assistance Pro17 gram to be established by the tribe’s governing body. 5 per18 cent of the initial interest shall be available upon the date 

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

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

21 (f) ECONOMIC DEVELOPMENT, TRIBAL, AND CULTURAL

22 CENTERS.—From the principal, the Secretary shall set 

23 aside 21.5 percent for economic development and, if other 

24 funding is not available or not adequate (as determined by 

25 the tribe), for the construction and maintenance of tribal 
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1 and cultural centers. Beginning the second year after the 

2 date of the enactment of this Act, interest earned on such 

3 sum shall be disbursed annually in a lump sum to the 

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

5 with 21.5 percent of the initial interest available upon the 

6 date of the enactment of this Act to fund the program for 

7 the first year after the date of the enactment of this Act: 

8 (1) Property acquisition for business or other ac9 tivities which are likely to benefit the tribe economi10 cally or provide employment for tribal members. 

11 (2) Business development for the tribe, including 

12 collateralization of loans for the purchase or operation 

13 of businesses, matching funds for economic develop14 ment grants, joint venture partnerships, and other 

15 similar ventures, which are likely to produce profits 

16 for the tribe. All business loans shall pay principal 

17 and interest back to the Economic Development pro18 gram for reinvestments and business profits shall go 

19 to the tribe’s general fund for uses to be determined 

20 by the tribe’s governing body. 

21 (3) Design, construction, maintenance, and oper22 ation of tribal and cultural centers. 

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

24 Secretary shall set aside 7.5 percent for natural resources. 

25 Beginning the second year after the date of the enactment 
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1 of this Act, interest earned on such sum shall be disbursed 

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

3 may be added to any existing tribal natural resource pro4 gram to enhance the tribe’s use and enjoyment of existing 

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

6 7.5 percent of the initial interest shall be available upon 

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

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

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

10 Secretary shall set aside 4 percent for cultural resources. 

11 Beginning the second year after the date of the enactment 

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

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

14 shall be used to maintain artifacts, collect documents, ar15 chive, and identify cultural sites of tribal significance. 4 

16 percent of the initial interest shall be available upon the 

17 date of the enactment of this Act to fund the program for 

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

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

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

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

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

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

24 needs of the tribe. 21 percent of the initial interest shall 

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

2 enactment of this Act. 

3 (j) TRIBAL ADMINISTRATION PROGRAM.—From the 

4 principal, the Secretary shall set aside 21 percent for tribal 

5 administration. 21 percent of the initial interest and such 

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

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

8 of $150,000 shall be immediately disbursed to the tribe for 

9 the purposes of funding tribal administration for the first 

10 year after the date of the enactment of this Act. Beginning 

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

12 interest earned on the remaining principal set aside under 

13 this subsection shall be disbursed annually in a lump sum 

14 to the tribe’s governing body for operating costs of the tribe’s 

15 governing body, including travel, telephone, cultural, and 

16 other expenses incurred in the conduct of the tribe’s affairs, 

17 and legal fees as approved by the tribe’s governing body. 

18 (k) GENERAL CONDITIONS.—The following conditions 

19 will apply to the management and use of all funds available 

20 under this Act by the tribe’s governing body: 

21 (1) No amount greater than 10 percent of the in22 terest earned on the principal designated for any pro23 gram under this Act may be used for the administra24 tive costs of any of that program, except those pro25 grams operated pursuant to subsections (i) and (j). 
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1 (2) No service area is implied or imposed under 

2 any program under this Act. If the costs of admin3 istering any program under this Act for the benefit 

4 of tribal members living outside the tribe’s Indian 

5 Health Service area are greater than 10 percent of the 

6 interest earned on the principal designated for that 

7 program, the tribe’s governing body may authorize 

8 the expenditure of such funds for that program. 

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

10 body must approve all programs and shall publish in 

11 a publication of general circulation regulations which 

12 provide standards and priorities for programs estab13 lished in this Act. 

14 (4) Section 7 of the Indian Tribal Judgment 

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

16 apply to funds available under this Act. 

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

18 been unfairly denied the right to take part in any 

19 program under this Act may appeal to the tribal sec20 retary. The tribal secretary shall bring the appeal to 

21 the tribe’s governing body for resolution. The resolu22 tion shall be made in a timely manner and the tribal 

23 secretary at that time shall respond to the tribal 

24 member.

Union Calendar No. 218

108TH CONGRESS 

1ST SESSION H. R. 2489

[Report No. 108–369] 

A BILL

To provide for the distribution of judgment funds 

to the Cowlitz Indian Tribe. 

NOVEMBER 17, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed