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 Distribu-
tion 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
H. R. 2489—2
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 sub-
section (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 judg-
ment fund, the Secretary shall set aside 20 percent for an elderly
assistance payment. The Secretary shall provide one elderly assist-
ance 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 pursu-
ant to subparagraph (A).
(C) The tribe’s governing body has made a request for
disbursement of judgment funds for the elderly assistance pay-
ment.
(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 PRO-
GRAM.—From the principal, the Secretary shall set aside 10 percent
for an Education, Vocational and Cultural Training Program. Begin-
ning 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
H. R. 2489—3
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 supple-
ment 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 enact-
ment 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 CEN-
TERS.—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 Develop-
ment 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
H. R. 2489—4
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 enact-
ment 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 administra-
tion 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 gov-
erning 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 sub-
sections (i) and (j).
(2) No service area is implied or imposed under any pro-
gram 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 avail-
able 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.