[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2489 Received in Senate (RDS)]

  2d Session
                                H. R. 2489


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 24, 2004

                                Received

_______________________________________________________________________

                                 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 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 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 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 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 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 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.

            Passed the House of Representatives March 23, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

                            By Gerasimos C. Vans,

                                                          Deputy Clerk.