[108th Congress Public Law 222]
[From the U.S. Government Printing Office]
[DOCID: f:publ222.108]
[[Page 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
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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
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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
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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 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:
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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.
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