[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2489 Enrolled Bill (ENR)]
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,

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This Act shall be known as the ``Cowlitz Indian Tribe Distribution
of Judgment Funds Act''.

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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.

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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
distributed and used in accordance with this Act.

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(a) Principal Preserved After Elderly Assistance 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 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 pursuant to
subparagraph (A).
(C) The tribe's governing body has made a request for
disbursement of judgment funds for the elderly assistance payment.
(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 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 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 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 supplement 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 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 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 Development 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 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 tofund
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 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 subsections (i) and (j).
(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 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 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 secretary. The tribal secretary shall bring
the appeal to the tribe's governing body for resolution. The
resolution shall be made in a timely manner and the tribal
secretary at that time shall respond to the tribal member.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Cowlitz Indian Tribe Distribution of Judgment Funds Act — HR. 2489

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