[House Report 108-368]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-368
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COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT FUNDS ACT
_______
November 17, 2003.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 2489]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2489) to provide for the distribution of judgment funds
to the Cowlitz Indian Tribe, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
PURPOSE OF THE BILL
The purpose of H.R. 2489 is to provide for the distribution
of judgment funds to the Cowlitz Indian Tribe.
BACKGROUND AND NEED FOR LEGISLATION
The Cowlitz Indian Tribe has lands in Western Washington
and the over 1,000 enrolled members are commonly divided into
two groups, the Taidnapam, or Upper Cowlitz, and the Lower
Cowlitz.
Under current law, Congress has the express authority to
disburse Tribal judgment funds. As trustee, it is the
Department of the Interior's responsibility to ensure that any
judgment award is distributed according to the terms of the
settlement agreement between parties, and that the distribution
follows the Court's order.
On March 23, 1973, the Indian Claims Commission ruled in
favor of the Cowlitz Tribe of Indians, stating that their
aboriginal title of lands had been taken from them and they
deserved compensation for these lands. The Commission gave the
Tribe compensation for the fair market value of their lands as
delineated in 1855.
H.R. 2489 will create a judgment distribution plan that
follows the Indian Tribal Judgment Funds Use or Distribution
Act, which dictates the manner in which funds can be utilized.
More precisely, H.R. 2489 creates a specific plan under which
the Secretary of the Interior sets aside specific percentages
of the judgment funds for a multitude of uses for the Tribe.
These uses will include programs such as elderly assistance,
scholarships, housing assistance, and economic development.
COMMITTEE ACTION
H.R. 2489 was introduced on June 17, 2003, by Congressman
Brian Baird (D-WA). The bill was referred to the Committee on
Resources. On October 29, 2003, the Full Resources Committee
met to consider the bill. Congressman Richard Pombo offered an
amendment to make technical corrections to the bill, including
slightly changing the extent to which the percentages of the
judgment funds were rounded. It was adopted by unanimous
consent. The bill as amended was then ordered favorably
reported to the House of Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Cowlitz Indian Tribe Distribution of Judgment Funds Act
This section provides short title of the bill.
Section 2. Definitions
This section defines multiple terms, including ``initial
interest,'' and ``principal'' to better differentiate the ways
in which the fund will be utilized.
Section 3. Judgment distribution plan
This section states that the funds described in Indian
Claims Commission Docket No. 218 will be distributed and used
in accordance with the Indian Tribal Judgment Funds Use or
Distribution Act.
Section 4. Distribution and use of funds
This section delineates the various uses of the funds as
well as the percentage of the larger judgment fund that will
apply. The programs created include: an elderly assistance
program; an emergency assistance program; an education,
vocational, and cultural program; a housing assistance program;
an economic development, tribal and cultural centers funding
stream; a natural resources use and enjoyment program; a
cultural resources fund; a general tribal health fund; and a
tribal administration program. This section also defines the
conditions which will apply to the management and use of the
funds available under the bill.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 6, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2489, the Cowlitz
Indian Tribe Distribution of Judgment Funds Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lanette J.
Walker.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 2489--Cowlitz Indian Tribe Distribution of Judgment Funds Act
H.R. 2489 would direct the Secretary of the Interior to
distribute certain judgments awards held in trust funds on
behalf of the Cowlitz Indian Tribe. About $1 million in
judgments and accumulated interest is being held in trust funds
on behalf of the tribe; however, the Secretary does not have
the authority to distribute the funds without Congressional
approval. H.R. 2489 would allow the tribe to withdraw 20
percent of the total fund to assist the elderly and also
withdraw the interest on the fund for various other programs to
benefit the tribe. (In total, about $12 million would be
withdrawn.) About $1 million would remain in trust funds, and
the interest that accrues on that amount could be withdrawn by
the tribe in future years.
These trust funds are held and managed in a fiduciary
capacity by the federal government on behalf of Indian tribes
and are treated as nonfederal funds. As a result, outlays were
recorded on the budget when the judgments were awarded to the
tribes and paid into those trust funds. Consequently, there is
no federal budget impact when the money is distributed to the
individual members of the tribes. Therefore, CBO estimates that
enacting H.R. 2489 would have no effect on the federal budget.
H.R. 2489 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Enactment of this legislation would benefit the Cowlitz Indian
Nation.
The CBO staff contact for this estimate is Lanette J.
Walker. This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.