[Congressional Record Volume 150, Number 37 (Tuesday, March 23, 2004)]
[House]
[Pages H1332-H1335]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT FUNDS ACT

  Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the 
bill

[[Page H1333]]

(H.R. 2489) to provide for the distribution of judgment funds to the 
Cowlitz Indian Tribe, as amended.
  The Clerk read as follows:

                               H.R. 2489

       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.

[[Page H1334]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Saxton) and the gentleman from Michigan (Mr. Kildee) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Saxton).


                             General Leave

  Mr. SAXTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on H.R. 2489.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, our colleague, the gentleman from the State of 
Washington (Mr. Baird), has introduced legislation to assist a tribe in 
his district that will finally receive funds they are owed by the 
Federal Government.
  His legislation, H.R. 2489, will provide for the distribution of 
judgment funds awarded to the Cowlitz Indian Tribe. The Cowlitz Indian 
Tribe has lands in western Washington and the over 1,000 enrolled 
members are commonly divided into two groups, the Upper Cowlitz and the 
Lower Cowlitz.
  In 1973, the Indian Claims Commission ruled in favor of the tribe, 
stating that their aboriginal title of the lands had been taken from 
them and they deserved compensation for the loss of those lands. H.R. 
2489 provides for the distribution of the Commission's judgment.
  The legislation is also particularly crafted so that the tribe will 
use the judgment funds in a manner that follows the Indian Tribal 
Judgment Funds Use or Distribution Act. Uses of the moneys will include 
programs administered by the Cowlitz Indian Tribe, bringing assistance 
to tribal elders and educating younger tribal members in the areas of 
culture and cultural significance.
  Specifically, H.R. 2489 distributes moneys from the judgment fund 
into areas that plague many tribes and are of concern to the Cowlitz 
tribe as well. To address these issues, the tribe will be using the 
funding wisely; for example, they will disburse sums annually for 
tribal housing improvements and for other purposes.
  Recognizing tribal health care needs, the Cowlitz Indian Tribe plans 
to set aside over 20 percent of the principal funding for various 
health care needs. This will allow the Tribe's Fir Complex in Longview, 
Washington, to provide more comprehensive health care to the tribal 
members.
  Again, it is important to emphasize that the Cowlitz Indian Tribe 
will finally be able to use the moneys they are owed in a manner which 
best fits their needs and continues their sovereignty as well as their 
positive working relationship with the Federal Government.
  The House can now move this legislation forward and help to 
strengthen the close relationship the Federal Government has with this 
tribe. Having been federally recognized in 2000, they can use this 
funding to more easily help their tribe to grow and become increasingly 
self-sufficient, while retaining their culture.
  This legislation represents another step toward tribal government 
advancement through the many hours of work put in by the Bureau of 
Indian Affairs, the Indian Claims Commission and, of course, the 
Cowlitz Indian Tribe itself. The amendment in the nature of a 
substitute was supported at the committee level, and I appreciate the 
bipartisan work of the committee in acting quickly on this legislation.
  Finally, I would also like to point out that H.R. 2489, as amended, 
was passed by the Committee on Resources by a voice vote on October 29, 
2003. I hope we can now act in the same bipartisan fashion. I urge 
adoption of the bill.
  Let me commend the gentleman from Washington (Mr. Baird) for his fine 
work in bringing this bill forward to us.
  Mr. Speaker, I reserve the balance of my time.
  Mr. KILDEE. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. KILDEE asked and was given permission to revise and extend his 
remarks.)
  Mr. KILDEE. Mr. Speaker, I am pleased to rise in support of H.R. 
2489, legislation that authorizes the distribution plan for the Cowlitz 
Indian Tribe's judgment funds.
  The Cowlitz's compensation will be used to address a variety of 
tribal priorities, which include a housing assistance program, cultural 
centers, an elderly assistance program, and both educational and 
vocational training.
  Held in trust by the Bureau of Indian Affairs since 1973, this award 
furthers the tribe's goal of self-determination, economic development, 
cultural preservation, and protection of natural resources.
  Mr. Speaker, I congratulate the bill's sponsor, the gentleman from 
Washington (Mr. Baird) for his diligence and hard work. I also want to 
recognize the chairman of the Committee on Resources, the gentleman 
from California (Mr. Pombo) and the ranking member, the gentleman from 
West Virginia (Mr. Rahall) for their efforts in bringing this 
legislation to the floor. This legislation is noncontroversial, and I 
urge all of my colleagues to support H.R. 2489.

                              {time}  1430

  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Washington (Mr. Baird).
  Mr. BAIRD. Mr. Speaker, I thank my good friends and distinguished 
colleagues. I would like to begin by acknowledging the gentleman from 
West Virginia (Mr. Rahall) for his good work, as well as my friend and 
colleague, the gentleman from Michigan (Mr. Kildee) for their support 
of this. The gentleman from California (Mr. Pombo) was also extremely 
supportive, and I appreciate the gentleman from New Jersey's (Mr. 
Saxton) work and kind remarks in this regard.
  In addition, I would like to acknowledge Marie Howard of the 
Committee on Resources and the staff of the BIA for their diligent work 
on this project.
  This legislation, as has been mentioned, distributes moneys which 
were awarded to the tribe in 1973 by the Indian Claims Commission. The 
ICC awarded the tribe $1.5 million for ancestral lands forcibly 
confiscated by the Federal Government.
  The tribe initially refused the funds as insufficient, and the $1.5 
million award was sent to BIA to remain in an interest-bearing account 
until the tribe requested its release. In a wonderful example of the 
power of compound interest, one which would no doubt make Ben Franklin 
proud, the original $1.5 million is now worth $13 million.
  In January of 2002, the tribe was formally recognized, but it has 
scarce funding with which to manage tribal programs. Accordingly, the 
tribe unanimously determined to seek the release of its ICC award, to 
fund tribal programs to care for the elderly, expand health care 
services, provide housing assistance, cover educational expenses and 
create economic development opportunities.
  The legislation before us today requires the vast majority of the ICC 
fund to remain permanently in an account collecting interest, and only 
allows the interest collected from the award, from this date forward, 
to fund tribal programs. This ensures these funds will be available for 
future generations of Cowlitz people.
  The tribe is free to spend the interest accrued on this award as they 
wish, consistent with the legislation. However, to the extent to which 
tribal programs will impact local communities, I strongly encourage the 
tribe to work with local officials. The ICC allocated this money to the 
Cowlitz, and they will ultimately decide how to spend it; but those 
decisions will inevitably impact nontribal members as well. As a 
consequence, I strongly encourage the tribe to work with local 
officials and community members to ensure that this money is used to 
the greatest extent possible to the benefit of all concerned.
  Finally, I would say that in seeking this money for the Cowlitz, my 
goal is to ensure they receive the funds to which they have been 
entitled. However, the passage of this legislation is

[[Page H1335]]

not intended in any way to influence BIA's evaluation of the tribe's 
pending land trust decision.
  Again, I thank the chairman and ranking member. I thank my 
colleagues.
  Mr. KILDEE. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. SAXTON. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Terry). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Saxton) that the House 
suspend the rules and pass the bill, H.R. 2489, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. SAXTON. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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