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.
Be it enacted by the Senate and House of Representa-
tives 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 inter-
est on the funds awarded by the Indian Claims Com-
mission 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 ac-
knowledgment 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 indi-
vidual who is an enrolled member of the Cowlitz In-
dian 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 Feb-
ruary 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 distrib-
uted and used in accordance with this Act. 
SEC. 4. DISTRIBUTION AND USE OF FUNDS. 
(a) PRINCIPAL PRESERVED AFTER ELDERLY ASSIST-
ANCE AND TRIBAL ADMINISTRATION PAYMENTS.—(1) Ex-
cept 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 pro-
grams. 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 per-
cent 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 Feb-
ruary 14, 2000. 
(B) The Secretary has verified the blood quan-
tum and age of the tribal members identified on the 
list prepared pursuant to subparagraph (A).
(C) The tribe’s governing body has made a re-
quest for disbursement of judgment funds for the el-
derly assistance payment. 
(2) If a tribal elder eligible for an elderly assistance 
payment dies before receiving payment under this sub-
section, the money which would have been paid to that indi-
vidual 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 enact-
ment 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 TRAIN-
ING 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 scholar-
ships 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 prin-
cipal, 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 Pro-
gram to be established by the tribe’s governing body. 5 per-
cent 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 ac-
tivities which are likely to benefit the tribe economi-
cally 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 develop-
ment 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 pro-
gram 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 oper-
ation 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 pro-
gram 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, ar-
chive, 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 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 in-
terest earned on the principal designated for any pro-
gram under this Act may be used for the administra-
tive costs of any of that program, except those pro-
grams 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 admin-
istering 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 estab-
lished 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 sec-
retary. The tribal secretary shall bring the appeal to 
the tribe’s governing body for resolution. The resolu-
tion shall be made in a timely manner and the tribal 
secretary at that time shall respond to the tribal 
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 Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed