[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session] [From the U.S. Government Publishing Office, www.gpo.gov] 118 STAT. 621 Public Law 108-222 108th Congress An Act To provide for the distribution of judgment funds to the Cowlitz Indian Tribe. NOTE: Apr. 30, 2004 - [H.R. 2489] Be it enacted by the Senate and House of Representatives of the United States of America in Congress NOTE: Cowlitz Indian Tribe Distribution of Judgment Funds Act. 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 [[Page 622]] 118 STAT. 622 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) NOTE: Deadline. 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. NOTE: Deadline. 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. NOTE: Effective date. 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 NOTE: Effective date. 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 [[Page 623]] 118 STAT. 623 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. NOTE: Effective date. 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. NOTE: Effective date. 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. NOTE: Effective date. 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. NOTE: Effective date. 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 [[Page 624]] 118 STAT. 624 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. NOTE: Effective date. 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 NOTE: Applicability. 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) NOTE: Publication. 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) NOTE: Applicability. 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. [[Page 625]] 118 STAT. 625 The resolution shall be made in a timely manner and the tribal secretary at that time shall respond to the tribal member. Approved April 30, 2004. LEGISLATIVE HISTORY--H.R. 2489: --------------------------------------------------------------------------- HOUSE REPORTS: No. 108-368 (Comm. on Resources). CONGRESSIONAL RECORD, Vol. 150 (2004): Mar. 23, considered and passed House. Apr. 20, considered and passed Senate.