Cow Creek Band of Umpqua Tribe of Indians Distribution of Judgment Funds Act of 1987
PL 100-139 (H.R.1567), enacted 10/26/1987

101 STAT. 822 
PUBLIC LAW 100-139—OCT. 26, 1987 
Public Law 100-139 
100th Congress 
An Act 
Oct. 26, 1987 
[H.R. 1567] 
Cow Creek Band 
of Umpqua Tribe 
of Indians 
Distribution of 
Judgment Funds 
Act of 1987. 
25 u s e 712 note. 
To provide for the use and distribution of funds awarded to the Cow Creek Band of 
Umpqua Tribe of Indians in United States Claims Court docket numbered 53-81L, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Cow Creek Band of Umpqua Tribe of Indians 
Distribution of Judgment Funds Act of 1987". 
SEC. 2. DEFINITIONS. 
For the purposes of this Act— 
(1) The term "Secretary" means the Secretary of the Interior. 
(2) The term "tribe" means the Cow Creek Band of Umpqua 
Tribe of Indians, which was extended Federal recognition by the 
Cow Creek Band of Umpqua Tribe of Indians Recognition Act 
(25 U.S.C. 712, et seq.). 
(3) The term "tribal member" means any individual who is a 
member of the Cow Creek Band of Umpqua Tribe of Indians 
within the meaning of section 5 of the Cow Creek Band of 
Umpqua Tribe of Indians Recognition Act (25 U.S.C. 712c), as 
amended by section 5 of this Act. 
(4) The term "tribe's governing body" means the governing 
body as determined by the tribe's governing documents. 
(5) The term "tribe's governing documents" means either the 
By-Laws of Cow Creek Band of Umpqua Tribe of Indians which 
bear an approved date of 9-10-78 or those bylaws as amended or 
revised or any subsequent final governing document adopted 
pursuant to section 4 of the Cow Creek Band of Umpqua Tribe 
of Indians Recognition Act (25 U.S.C. 712b), as amended by 
section 7 of this Act. 
(6) The term "tribal council" means the general membership 
of the Cow Creek Band of Umpqua Tribe of Indians convened in 
a meeting open to all tribal members. 
(7) The term "tribal elder" means any tribal member who 
reached 50 years of age on or before December 31, 1985, and 
whose name appears on the list compiled pursuant to section 
4(b)(1)(A). 
SEC. 3. JUDGMENT DISTRIBUTION PLAN. 
Notwithstanding Public Law 93-134 (25 U.S.C. 1401, et seq.), or 
any plan prepared or promulgated by the Secretary pursuant to 
such Act, the judgment funds awarded in United States Claims 
Court docket numbered 53-81L shall be distributed and used in the 
manner provided in this Act. 
SEC. 4. DISTRIBUTION AND USE OF FUNDS. 
(a) PRINCIPAL PRESERVED; NO PER CAPITA PAYMENTS.—(1) 
The 
total judgment fund of $1,500,000, less attorney's fees and loan with 
the Bureau of Indian Affairs for expert witness testimony during 
PUBLIC LAW 100-139—OCT. 26, 1987 
101 STAT. 823 
the land claims case, shall be set aside as the principal from which 
programs under this Act will be funded. Only the interest earned on 
this principal may be used to fund such programs. There will be no 
per capita distribution of any funds, other than as specified in this 
Act. 
(2) The Secretary shall— 
(A) maintain the judgment fund in an interest-bearing 
account in trust for the tribe; and 
(B) shall disburse funds as provided in this Act within thirty 
days of receipt by the Portland Area Director, Bureau of Indian 
Affairs, of a request by the tribe's governing body for disburse-
ment of funds. 
(b) ELDERLY ASSISTANCE PROGRAM.—(1) From the principal, the 
Secretary shall set aside the sum of $500,000 for an Elderly Assist-
ance Program. The Secretary shall provide a one-time-only payment 
of $5,000 to each tribal elder within thirty days after the tribe's 
governing body— 
(A) has compiled and reviewed for accuracy a list of all tribal 
members who were 50 years of age or older as of December 31, 
;, 
1985; and 
(B) has made a request for disbursement of judgment funds 
,^ 
for the Elderly Assistance Program pursuant to subsection (a) of 
r 
this section. 
(2) Payments of $5,000 to tribal elders shall be made— 
(A) to tribal elders by age in descending order, beginning with 
the oldest tribal elder, until the interest accumulated for one 
year on the $500,000 has been depleted below the sum of $5,000: 
Provided, That any interest remaining shall carry over to the 
following year for distribution hereunder in the next $5,000 
T,. 
payment; 
(B) on or before January 1 of succeeding years, and will 
continue to be made to tribal elders in descending order by age 
until the interest earned in such year on the $500,000 has been 
depleted below the sum of $5,000: Provided, That any interest 
remaining shall carry over to the following year for distribution 
hereunder in the next $5,000 payment; and 
(C) each year until every individual eligible for payment 
under this subsection has received a one-time-only payment of 
$5,000: Provided, That when all payments have been completed, 
the principal sum of $500,000 will be distributed to other tribal 
programs as provided in this Act and any remaining interest 
will be distributed to other tribal programs as determined by 
the tribe's governing body. 
(3) If any tribal member eligible for an elderly assistance payment 
should die before receiving such payment, the money which would 
..,-, 
have been paid to that individual will be returned to the Elderly 
Assistance Program fund for distribution in accordance with this 
section. 
(c) HIGHER EDUCATION AND VOCATIONAL TRAINING PROGRAM.—(1) 
From the principal, the Secretary shall set aside the sum of $100,000 
for a Higher Education and Vocational Training Program. Interest 
earned on such sum shall be disbursed annually in a lump sum to 
the tribe and will be utilized to provide scholarships to tribal 
members pursuing college, university, or professional education or 
training. Tribal members seeking vocational training also will be 
funded from this program, although adult vocational training fund-
ing available through a contract with the Bureau of Indian Affairs 
101 STAT. 824 
PUBLIC LAW 100-139—OCT. 26, 1987 
will be utilized first if an individual is eligible and there is sufficient 
funding in such program. 
(2) When the Elderly Assistance Program under subsection (b) has 
been completed, the principal funding for the higher education and 
vocational training program shall be increased to $250,000. 
(d) HOUSING ASSISTANCE PROGRAM.—(1) From the principal, the 
Secretary shall set aside the sum of $100,000 for a Housing Assist-
ance Program for tribal members. Interest earned on such sum shall 
be disbursed annually in a lump sum to the tribe and may be added 
to any existing tribal housing improvement programs to supplement 
*, them or it may be used in a separate Housing Assistance Program to 
' be established by the tribe's governing body. Such funding may be 
used for— 
(A) rehabilitation of existing homes; 
(B) emergency repairs to existing homes; 
(C) down payments on new or previously occupied homes; and 
, . 
(D) if sufficient funding is available in a given year, for 
purchase or construction of new homes. 
(2) When the Elderly Assistance Program under subsection Q)) has 
been completed, the principal funding for the Housing Assistance 
Program shall be increased to $250,000. 
(e) ECONOMIC DEVELOPMENT AND TRIBAL CENTER.—(1) From the 
principal, the Secretary shall set aside the sum of $250,000 for 
economic development and, if other funding is not available or not 
adequate, for the construction and maintenance of a tribal center. 
Interest earned on such sum shall be disbursed annually in a lump 
sum to the tribe and may be used for— 
Business and 
(A) land acquisition for business or other activities which 
industry. 
would benefit the tribe economically or provide employment for 
tribal members: Provided, That at least 50 per centum of all 
* 
individuals employed in a tribally operated business acquired or 
operated under this subsection shall be tribal members or their 
spouses as available and qualified: Provided further, That as 
new positions open or existing ones are vacated, preference will 
be given to tribal members or their spouses, but if insufficient 
numbers of qualified tribal members or their spouses are avail-
able to fill at least 50 per centum of the positions offered, 
nontribal members may be considered for employment; 
(B) 
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 
can be expected to produce profits for the tribe or to employ 
tribal members; 
Conservation. 
(C) reservation activities, including forest management, wild-
life management and enhancement of wildlife habitats, stream 
enhancement, and development of recreational areas. The 
tribe's governing body shall determine what reservation activi-
ties will be funded from economic development funds under this 
subparagraph; or 
(D) construction, support, or maintenance of a tribal center. 
(2) When the Elderly Assistance Program under subsection Qo) has 
been completed, the principal funding available for economic devel-
opment and tribal center shall be increased to $400,000. 
(f) MISCELLANEOUS TRIBAL ACTIVITIES.—(1) From the principal, the 
Secretary shall set aside the sum of $50,000 for miscellaneous tribal 
activities as determined by the tribe's governing body. Interest 
PUBLIC LAW 100-139—OCT. 26, 1987 
101 STAT. 825 
earned on such sum shall be disbursed annually in a lump sum to 
the tribe and may be used for— 
(A) operating costs of the tribe's governing body, including 
travel, telephone, and other expenses incurred in the conduct of 
the tribe's affairs; 
(B) legal fees incurred in the conduct of tribal affairs, tribal 
businesses or other tribal activities, recommended by the tribe's 
j
r 
governing body and approved by the tribal council; or 
(C) repajnnent to the Secretary of any funds provided by the 
r 
Secretary under Bureau of Indian Affairs Contract Numbered 
• 
POOC14207638. 
(2) When the Elderly Assistance Program under subsection (b) has 
been completed, the principal funding for miscellaneous tribal 
activities shall be increased to $100,000. 
(g) EVERGREEN PROPERTY; COLLATERAUZATION OF LOAN WITH 
BUREAU OF INDIAN AFFAIRS.—(1) From the principal, the Secretary 
shall set aside the sum of $315,000 as collateral on the property 
known as Evergreen. The interest from such amount shall be dis-
bursed annually in a lump sum to the tribe and shall be utilized for 
payments on the loan property and for maintenance and upgrade of 
such property. If the tribe's governing body determines that the 
interest and income together are sufficient to pay off the loan more 
quickly, it may commit the full interest from $315,000 to repayment 
of the loan until such time as loan payments are completed or the 
income from the property is sufficient to complete the loan 
payments. 
(2) When the loan has been paid or the income from the property 
is sufficient to pay the loan, the principal amount of $315,000 and 
any remaining interest generated from such sum shall be redistrib-
uted to the Housing Assistance Program, Higher Education and 
Vocational Training Program, and Economic Development and 
Tribal Center Program established under this section in such 
proportions as the tribe's governing body determines to be 
appropriate. 
(h) GENERAL CONDITIONS.—The following conditions will apply to 
the management and use of the judgment funds by the tribe's 
governing body: 
(1) No amount greater than 10 per centum of the interest 
earned on the principal may be used for the administrative 
costs of any of the above programs, except as provided in 
paragraph (2). 
(2) No service area is implied or imposed under any program 
under this Act. If the costs of administering any program under 
this Act for the benefit of a tribal member living outside the 
tribe's Indian health service area are greater than 10 per 
centum of the interest earned thereon, the tribe's governing 
body may authorize the expenditure of such funds for that 
program, but in carrying out the program shall give priority to 
individuals within the tribe's Indian health service area. 
(3) The tribe's governing body may at any time after enact-
ment of this Act declare a dividend to tribal members from the 
profits from any business enterprise of the tribe. Prior to declar-
ing or distributing dividends, however, the tribe's governing 
body must first take into consideration the effect of such dec-
laration or distribution of dividends on future operating costs 
i 
and proposed business expansions. Profits from business enter-
prises may also be distributed back into any of the programs 
101 STAT. 826 
PUBLIC LAW 100-139—OCT. 26, 1987 
^^ 
established under this section provided that future operating 
costs and proposed expansion costs are first set aside. Any such 
distribution back into the program under this Act shall be 
proportional to the percentage of principal then being allocated 
hereunder. 
(4) Notwithstanding any other provisions of this Act, interest 
' ' 
accrued on the principal prior to enactment of this Act shall as 
of the date of this Act be distributed under the tribal programs 
described in section 4 of this Act. 
(5) The tribe's governing body shall adopt and publish in a 
publication of general circulation regulations which provide 
standards for the participation of individuals who are eligible 
for programs established pursuant to subsections (c) and (d) of 
this section. 
(6) Benefits received pursuant to this Act shall be considered 
supplementary to existing Federal programs and their existence 
shall not be used by any Federal agency as a basis to deny 
eligibility in whole or in part for existing Federal programs. 
(7) Any individual who feels he or she has been unfairly 
denied the right to take part in any program under subsections 
(h), (c), or (d) of this section may appeal to the Secretary. The 
Secretary shall provide payments pursuant to this section to 
any individual who the Secretary determines, after notice and 
hearing, has been unfairly denied the right to take part in such 
program. 
(8) Notwithstanding any other provisions of this Act, no funds 
shall be disbursed pursuant to subsections (c) or (d) of this 
section until one year after enactment of this Act. 
(i)(l) Any portion of the principal set aside under subsection (a) 
which remains after the allocations of the principal required under 
subsections (b), (c), (d), (e), and (f) have been made shall be allocated 
among the Housing Assistance Program, the Higher Education and 
Vocational Training Program, and the Economic Development and 
Tribal Center Program established under this section in such 
proportions as the tribe's governing body determines to be 
appropriate. 
(2) If the total amount of the principal set aside under subsection 
(a) after amounts sufficient to pay attorney's fees and the loan 
described in subsection (a) have been deducted is insufficient to 
make all of the allocations of the principal required under subsec-
tions (b), (c), (d), (e), and (f), the portion of the principal which is 
required to be allocated to the purposes provided in subsections (c), 
(d), (e), and (f) shall be reduced in such proportions as the tribe's 
governing body determines to be appropriate. 
SEC. 5. MEMBERSHIP ROLLS. 
(a) Section 5 of the Cow Creek Band of Umpqua Tribe of Indians 
Recognition Act (25 U.S.C. 712c) is amended to read as follows: 
"SEC. 5. TRIBAL MEMBERSHIP. 
"(a) Until such time as the Secretary of the Interior publishes a 
tribal membership roll as mandated in subsection (b) of this section, 
the membership of the Cow Creek Band of Umpqua Tribe of Indians 
shall consist of all persons listed in the official tribal roll approved 
on September 13, 1980, by the tribe's Board of Directors, and their 
descendants. Following publication by the Secretary of the tribal 
membership roll mandated in subsection (h) of this section, the 
PUBLIC LAW 100-139—OCT. 26, 1987 
101 STAT. 827 
Federal 
Register, 
publication. 
membership of the Cow Creek Band of Umpqua Tribe of Indians 
shall consist of all persons listed on such roll. 
"(b) Within three hundred and sixty-five days after the enactment 
of the Cow Creek Band of Umpqua Tribe of Indians Distribution of 
Judgment Funds Act of 1987, the Secretary shall prepare in accord-
ance with the regulations contained in part 61 of title 25 of the Code 
of Federal Regulations a tribal membership roll of the Cow Creek 
Band of Umpqua Tribe of Indians. Such roll shall include all Indian 
individuals who were not members of any other federally recognized 
Indian tribe on July 30,1987 and who— 
"(1) are listed on the tribal roll referred to in subsection (a); 
"(2) are the descendants of any individuals listed pursuant to 
paragraph (1) born on or prior to enactment of this Act; or 
"(3)(A) are the descendants of any individual considered to be 
a member of the Cow Creek Band of Umpqua Tribe of Indians 
for the purposes of the treaty entered between such Band and 
• >'.' the United States on September 18,1853; (B) have applied to the 
Secretary for inclusion in the roll pursuant to subsection (c); 
and (C) meet the requirements for membership provided in the 
tribe's governing documents. 
"(c) The Secretary shall devise regulations governing the applica- Regulations 
tion process under which individuals may apply to have their names 
placed on the tribal roll pursuant to paragraph 3 of subsection (b). 
"(d) After publication of the roll in the Federal Register, the 
membership of the tribe shall be limited to the persons listed on 
such roll and their descendants: Provided, That the tribe, at its 
discretion, may subsequently grant tribal membership to any 
individual of Cow Creek Band of Umpqua ancestry who pursuant to 
tribal procedures, has applied for membership in the tribe and has 
been determined by the tribe to meet the tribal requirements for 
membership in the tribe: Provided further, That nothing in this Act 
shall be interpreted as restricting the tribe's power to impose addi-
tional requirements for future membership in the tribe upon the 
adoption of a new constitution or amendments thereto as provided 
in section 7 of the Cow Creek Band of Umpqua Tribe of Indians 
Distribution of Judgment Funds Act of 1987.". 
(b) TECHNICAL CORRECTION.—The Cow Creek Band of Umpqua 
Tribe of Indians Recognition Act is amended by striking out 
"Umpqua Tribe of Oregon" each place it appears and inserting in 
lieu thereof "Umpqua Tribe of Indians". 
SEC. 6. ELIGIBILITY OF NONTRIBAL MEMBERS. 
(a) IN GENERAL.—Notwithstanding any other provision of this Act, 
any individual who is not a tribal member shall be eligible to 
participate— 
(1) in the programs established under subsections (c) and (d) of 
section 4 of this Act if such individual— 
(A) submits to the Secretary and to the tribe an applica-
tion for participation in such programs which is accom-
panied by evidence establishing that such individual is 
within the group of persons described in section 4(a) of 
Public Law 96-251; and 
(B) is certified by the Secretary as being within such 
group; and 
(2) in the program established under subsection (b) of section 4 
of this Act if such individual— 
25 use 712, 
712a. 
101 STAT. 828 
PUBLIC LAW 100-139—OCT. 26, 1987 
<
> 
(A) submits to the Secretary and to the tribe, by no later 
than one hundred and eighty days after the date of enact-
'•!•'- 
ment of this Act, an appUcation for participation in such 
ip 
program which is accompanied by evidence estabUshing 
t> 
that such individual is within the group of persons de-
yi> 
scribed in section 4(a) of Public Law 96-251; and 
Afrr 
(B) is certified by the Secretary as being within such 
group, 
(b) BASIS OF CERTIFICATIONS.—In making certifications under 
subsection (a) of this section, the Secretary may use— 
(1) records collected pursuant to Bureau of Indian Affairs 
Contract Numbered POOC14207638 that are made available to 
*
* 
the Secretary by the tribe; and 
^ • 
(2) any other documents, records, or other evidence that the 
^' 
Secretary determines to be satisfactory. 
SEC. 7. ORGANIZATION OF TRIBE; CONSTITUTION, BYLAWS AND GOVERN-
ING BODY. 
(a) IN GENERAL.—Section 4 of the Cow Creek Band of Umpqua 
Tribe of Indians Recognition Act (25 U.S.C. 712b) is amended to read 
' '•«-' 
as follows: 
"SEC. 4. (a) The tribe may organize for its common welfare and 
adopt an appropriate instrument, in writing, to govern the affairs of 
, ^
.
, 
the tribe when acting in its governmental capacity. The tribe shall 
, ;:,' ;,,. file with the Secretary of the Interior a copy of its organic governing 
document and any amendments thereto. 
"(b) Not less than one year following enactment of the Cow Creek 
Band of Umpqua Tribe of Indians Distribution of Judgment Funds 
Act of 1987, the tribe's governing body may propose a new governing 
document or amendments or revisions to the interim governing 
document, and the Secretary shall conduct a tribal election as to the 
adoption of that proposed document within one hundred twenty 
days from the date it is submitted to the Bureau of Indian Affairs. 
"(c) The Secretary shall approve the new governing document if 
approved by a majority of the tribal voters unless he or she deter-
,,. . 
mines that such document is in violation of any laws of the United 
States. 
"(d) Until the tribe adopts and the Secretary approves a new 
governing document, its interim governing document shall be the 
tribal bylaws entitled 'By-Laws of Cow Creek Band of Umpqua Tribe 
of Indians' which bear an 'approved' date of '9-10-78,'. 
n^i'' '.' 't ' in. s'l <in )toj • :;y^; • .' 
• ' •
' 
-(•»> ^
i 
PUBLIC LAW 100-139—OCT. 26, 1987 
101 STAT. 829 
"(e) Until the tribe adopts a final governing document, the tribe's 
governing body shall consist of its current board of directors elected 
at the tribe's annual meeting of August 10, 1986, or such new board 
members as are selected under election procedures of the interim 
governing document identified at subsection (d).". 
Approved October 26, 1987. 
: 
'/ 
• r t " ) •'•?• 
LEGISLATIVE HISTORY—H.R. 1567: 
HOUSE REPORTS: No. 100-66 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 100-157 (Select Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
Apr. 27, considered and passed House. 
Sept. 18, considered and passed Senate, amended. 
Oct. 5, House concurred in Senate amendment.