108TH CONGRESS
2D SESSION
H. R. 2489
AN ACT
To provide for the distribution of judgment funds
to the Cowlitz Indian Tribe.
108TH CONGRESS
2D SESSION
H. R. 2489
AN ACT
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
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 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 gov-
erning 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 AS-
SISTANCE 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 en-
rolled 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 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
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 edu-
cational 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 supple-
ment them or it may be used in a separate Housing Assist-
ance 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 CUL-
TURAL 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 deter-
mined 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 eco-
nomically or provide employment for tribal members.
(2) Business development for the tribe, includ-
ing collateralization of loans for the purchase or op-
eration 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 Devel-
opment 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 op-
eration 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 distrib-
uted 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 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 trib-
al 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 dis-
bursed to the tribe for the purposes of funding tribal ad-
ministration for the first year after the date of the enact-
ment of this Act. Beginning the second year after the date
of the enactment of this Act, interest earned on the re-
maining 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, in-
cluding travel, telephone, cultural, and other expenses in-
curred in the conduct of the tribe’s affairs, and legal fees
as approved by the tribe’s governing body.
(k) GENERAL CONDITIONS.—The following condi-
tions 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 admin-
istrative 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 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 au-
thorize the expenditure of such funds for that pro-
gram.
(3) Before any expenditures, the tribe’s gov-
erning body must approve all programs and shall
publish in a publication of general circulation regula-
tions which provide standards and priorities for pro-
grams established in this Act.