[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[S. 1156 Engrossed in Senate (ES)]
103d CONGRESS
1st Session
S. 1156
_______________________________________________________________________
AN ACT
To provide for the settlement of land claims of the Catawba Tribe of
Indians in the State of South Carolina and the restoration of the
Federal trust relationship with the Tribe, and for other purposes.
103d CONGRESS
1st Session
S. 1156
_______________________________________________________________________
AN ACT
To provide for the settlement of land claims of the Catawba Tribe of
Indians in the State of South Carolina and the restoration of the
Federal trust relationship with the Tribe, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Catawba Indian Tribe of South
Carolina Land Claims Settlement Act of 1993''.
SEC. 2. DECLARATION OF POLICY, CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--The Congress declares and finds that:
(1) It is the policy of the United States to promote tribal
self-determination and economic self-sufficiency and to support
the resolution of disputes over historical claims through
settlements mutually agreed to by Indian and non-Indian
parties.
(2) There is pending before the United States District
Court for the District of South Carolina a lawsuit disputing
ownership of approximately 140,000 acres of land in the State
of South Carolina and other rights of the Catawba Indian Tribe
under Federal law.
(3) The Catawba Indian Tribe initiated a related lawsuit
against the United States in the United States Court of Federal
Claims seeking monetary damages.
(4) Some of the significant historical events which have
led to the present situation include:
(A) In treaties with the Crown in 1760 and 1763,
the Tribe ceded vast portions of its aboriginal
territory in the present States of North and South
Carolina in return for guarantees of being quietly
settled on a 144,000-acre reservation.
(B) The Tribe's district court suit contended that
in 1840 the Tribe and the State entered into an
agreement without Federal approval or participation
whereby the Tribe ceded its treaty reservation to the
State, thereby giving rise to the Tribe's claim that it
was dispossessed of its lands in violation of Federal
law.
(C) In 1943, the United States entered into an
agreement with the Tribe and the State to provide
services to the Tribe and its members. The State
purchased 3,434 acres of land and conveyed it to the
Secretary in trust for the Tribe and the Tribe
organized under the Indian Reorganization Act.
(D) In 1959, when Congress enacted the Catawba
Tribe of South Carolina Division of Assets Act (25
U.S.C. 931-938), Federal agents assured the Tribe that
if the Tribe would release the Government from its
obligation under the 1943 agreement and agree to
Federal legislation terminating the Federal trust
relationship and liquidating the 1943 reservation, the
status of the Tribe's land claim would not be
jeopardized by termination.
(E) In 1980, the Tribe initiated Federal court
litigation to regain possession of its treaty lands and
in 1986, the United States Supreme Court ruled in South
Carolina against Catawba Indian Tribe that the 1959 Act
resulted in the application of State statutes of
limitations to the Tribe's land claim. Two subsequent
decisions of the United States Court of Appeals for the
Fourth Circuit have held that some portion of the
Tribe's claim is barred by State statutes of
limitations and that some portion is not barred.
(5) The pendency of these lawsuits has led to substantial
economic and social hardship for a large number of landowners,
citizens and communities in the State of South Carolina,
including the Catawba Indian Tribe. Congress recognizes that if
these claims are not resolved, further litigation against tens
of thousands of landowners would be likely; that any final
resolution of pending disputes through a process of litigation
would take many years and entail great expenses to all parties;
continue economically and socially damaging controversies;
prolong uncertainty as to the ownership of property; and
seriously impair long-term economic planning and development
for all parties.
(6) The 102d Congress has enacted legislation suspending
until October 1, 1993, the running of any unexpired statute of
limitation applicable to the Tribe's land claim in order to
provide additional time to negotiate settlement of these
claims.
(7) It is recognized that both Indian and non-Indian
parties enter into this settlement to resolve the disputes
raised in these lawsuits and to derive certain benefits. The
parties' Settlement Agreement constitutes a good faith effort
to resolve these lawsuits and other claims and requires
implementing legislation by the Congress of the United States,
the General Assembly of the State of South Carolina, and the
governing bodies of the South Carolina counties of York and
Lancaster.
(8) To advance the goals of the Federal policy of Indian
self-determination and restoration of terminated Indian Tribes,
and in recognition of the United States obligation to the Tribe
and the Federal policy of settling historical Indian claims
through comprehensive settlement agreements, it is appropriate
that the United States participate in the funding and
implementation of the Settlement Agreement.
(b) Purpose.--It is the purpose of this Act--
(1) to approve, ratify, and confirm the Settlement
Agreement entered into by the non-Indian settlement parties and
the Tribe;
(2) to authorize and direct the Secretary to implement the
terms of such Settlement Agreement;
(3) to authorize the actions and appropriations necessary
to implement the provisions of the Settlement Agreement and
this Act;
(4) to remove the cloud on titles in the State of South
Carolina resulting from the Tribe's land claim; and
(5) to restore the trust relationship between the Tribe and
the United States.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Tribe'' means the Catawba Indian Tribe of
South Carolina as constituted in aboriginal times, which was
party to the Treaty of Pine Tree Hill in 1760 as confirmed by
the Treaty of Augusta in 1763, which was party also to the
Treaty of Nation Ford in 1840, and which was the subject of the
Termination Act, and all predecessors and successors in
interest, including the Catawba Indian Tribe of South Carolina,
Inc.
(2) The term ``claim'' or ``claims'' means any claim which
was asserted by the Tribe in either Suit, and any other claim
which could have been asserted by the Tribe or any Catawba
Indian of a right, title or interest in property, to trespass
or property damages, or of hunting, fishing or other rights to
natural resources, if such claim is based upon aboriginal
title, recognized title, or title by grant, patent, or treaty
including the Treaty of Pine Tree Hill of 1760, the Treaty of
Augusta of 1763, or the Treaty of Nation Ford of 1840.
(3) The term ``Executive Committee'' means the body of the
Tribe composed of the Tribe's executive officers as selected by
the Tribe in accordance with its constitution.
(4) The term ``Existing Reservation'' means that tract of
approximately 630 acres conveyed to the State in trust for the
Tribe by J.M. Doby on December 24, 1842, by deed recorded in
York County Deed Book N, pp. 340-341.
(5) The term ``General Council'' means the membership of
the Tribe convened as the Tribe's governing body for the
purpose of conducting tribal business pursuant to the Tribe's
constitution.
(6) The term ``Member'' means individuals who are currently
members of the Tribe or who are enrolled in accordance with
this Act.
(7) The term ``Reservation'' or ``Expanded Reservation''
means the Existing Reservation and the lands added to the
Existing Reservation in accordance with section 12 of this Act,
which are to be held in trust by the Secretary in accordance
with this Act.
(8) The term ``Secretary'' means the Secretary of the
Interior.
(8A) The term ``service area'' means the area composed of
the State of South Carolina and Cabarrus, Cleveland, Gaston,
Mecklenburg, Rutherford, and Union counties in the State of
North Carolina.
(9) The term ``Settlement Agreement'' means the document
entitled ``Agreement in Principle '' between the Tribe and the
State of South Carolina and attached to the copy of the State
implementing legislation and filed with the Secretary of State
of the State of South Carolina, as amended to conform to this
Act and printed in the Congressional Record on the date of the
enactment of this Act.
(10) The term ``State'' means, except for section 6 (a)
through (f), the State of South Carolina.
(11) The term ``State Act'' means the Act enacted into law
by the State of South Carolina on June 14, 1993, and codified
as S.C. Code Ann., sections 27-16-10 through 27-16-140, to
implement the Settlement Agreement.
(12) The term ``Suit'' or ``Suits'' means Catawba Indian
Tribe of South Carolina v. State of South Carolina, et al.,
docketed as Civil Action No. 80-2050 and filed in the United
States District Court for the District of South Carolina; and
Catawba Indian Tribe of South Carolina v. The United States of
America, docketed as Civil Action No. 90-553L and filed in the
United States Court of Federal Claims.
(13) The term ``Termination Act'' means the Act entitled
``An Act to provide for the division of the tribal assets of
the Catawba Indian Tribe of South Carolina among the members of
the Tribe and for other purposes'', approved September 21, 1959
(73 Stat. 592; 25 U.S.C. 931-938).
(14) The term ``transfer'' includes (but is not limited to)
any voluntary or involuntary sale, grant, lease, allotment,
partition, or other conveyance; any transaction the purpose of
which was to effect a sale, grant, lease, allotment, partition,
or conveyance; and any act, event or circumstance that resulted
in a change in title to, possession of, dominion over, or
control of land, water, minerals, timber, or other natural
resources.
(15) The term ``Trust Funds'' means the trust funds
established by section 11 of this Act.
SEC. 4. RESTORATION OF FEDERAL TRUST RELATIONSHIP.
(a) Restoration of the Federal Trust Relationship and Approval,
Ratification, and Confirmation of the Settlement Agreement.--On the
effective date of this Act--
(1) the trust relationship between the Tribe and the United
States is restored; and
(2) the Settlement Agreement and the State Act are
approved, ratified, and confirmed by the United States to
effectuate the purposes of this Act, and shall be complied with
in the same manner and to the same extent as if they had been
enacted into Federal law.
(b) Eligibility for Federal Benefits and Services.--Notwithstanding
any other provision of law, on the effective date of this Act, the
Tribe and the Members shall be eligible for all benefits and services
furnished to federally recognized Indian Tribes and their members
because of their status as Indians. On the effective date of this Act,
the Secretary shall enter the Tribe on the list of federally recognized
bands and Tribes maintained by the Department of the Interior; and its
members shall be entitled to special services, educational benefits,
medical care, and welfare assistance provided by the United States to
Indians because of their status as Indians, and the Tribe shall be
entitled to the special services performed by the United States for
Tribes because of their status as Indian Tribes. For the purpose of
eligibility for Federal services made available to members of federally
recognized Indian Tribes because of their status as Indian tribal
members, Members of the Tribe in the Tribe's service area shall be
deemed to be residing on or near a reservation.
(c) Repeal of Termination Act.--The Termination Act is repealed.
(d) Effect on Property Rights and Other Obligations.--Except as
otherwise specifically provided in this Act, this Act shall not affect
any property right or obligation or any contractual right or obligation
in existence before the effective date of this Act, or any obligation
for taxes levied before that date.
(e) Extent of Jurisdiction.--This Act shall not be construed to
empower the Tribe with special jurisdiction or to deprive the State of
jurisdiction other than as expressly provided by this Act or by the
State Act. The jurisdiction and governmental powers of the Tribe shall
be solely those set forth in this Act and the State Act.
SEC. 5. SETTLEMENT FUNDS.
(a) Authorization for Appropriation.--There is hereby authorized to
be appropriated $32,000,000 for the Federal share which shall be
deposited in the trust funds established pursuant to section 11 of this
Act or paid pursuant to section 6(g).
(b) Disbursement in Accordance With Settlement Agreement.--The
Federal funds appropriated pursuant to this Act shall be disbursed in
four equal annual installments of $8,000,000 beginning in the fiscal
year following enactment of this Act. Funds transferred to the
Secretary from other sources shall be deposited in the trust funds
established pursuant to section 11 of this Act or paid pursuant to
section 6(g) within 30 days of receipt by the Secretary.
(c) Private Funds.--Any private payments made to settle the claims
may be treated, at the election of the taxpayer, as either a payment in
settlement of litigation or a charitable contribution for Federal
income tax purposes.
(d) Federal, State, Local and Private Contributions Held in Trust
by Secretary.--The Secretary shall, on behalf of the Tribe, collect
those contributions toward settlement appropriated or received by the
State pursuant to section 5.2 of the Settlement Agreement and shall
either hold such funds totalling $18,000,000, together with the Federal
funds appropriated pursuant to this Act, in trust for the Tribe
pursuant to the provisions of section 11 of this Act or pay such funds
pursuant to section 6(g) of this Act.
(e) Nonpayment of State, Local, or Private Contributions.--The
Secretary shall not be accountable or incur any liability under this
Act for the collection, deposit, or management of the non-Federal
contributions made pursuant to section 5.2 of the Settlement Agreement,
or payment of such funds pursuant to section 6(g) of this Act, until
such time as such funds are received by the Secretary.
SEC. 6. RATIFICATION OF PRIOR TRANSFERS; EXTINGUISHMENT OF ABORIGINAL
TITLE, RIGHTS AND CLAIMS.
(a) Ratification of Transfers.--Any transfer of land or natural
resources located anywhere within the United States from, by, or on
behalf of the Tribe, any one or more of its Members, or anyone
purporting to be a Member, including but without limitation any
transfer pursuant to any treaty, compact, or statute of any State,
shall be deemed to have been made in accordance with the Constitution
and all laws of the United States, and Congress hereby approves and
ratifies any such transfer effective as of the date of such transfer.
Nothing in this section shall be construed to affect or eliminate the
personal claim of any individual Member (except for any Federal common
law fraud claim) which is pursued under any law of general
applicability that protects non-Indians as well as Indians.
(b) Aboriginal Title.--To the extent that any transfer of land or
natural resources described in subsection (a) of this section may
involve land or natural resources to which the Tribe, any of its
Members, or anyone purporting to be a Member, or any other Indian,
Indian nation, or Tribe or band of Indians had aboriginal title,
subsection (a) of this section shall be regarded as an extinguishment
of aboriginal title as of the date of such transfer.
(c) Extinguishment of Claims.--By virtue of the approval and
ratification of any transfer of land or natural resources effected by
this section, or the extinguishment of aboriginal title effected
thereby, all claims against the United States, any State or subdivision
thereof, or any other person or entity, by the Tribe, any of its
Members, or anyone purporting to be a Member, or any predecessors or
successors in interest thereof or any other Indian, Indian Nation, or
Tribe or band of Indians, arising at the time of or subsequent to the
transfer and based on any interest in or right involving such land or
natural resources, including without limitation claims for trespass
damages or claims for use and occupancy, shall be deemed extinguished
as of the date of the transfer.
(d) Extinguishment of Title.--(1) All claims and all right, title,
and interest that the Tribe, its Members, or any person or group of
persons purporting to be Catawba Indians may have to aboriginal title,
recognized title, or title by grant, patent, or treaty to the lands
located anywhere in the United States are hereby extinguished.
(2) This extinguishment of claims shall also extinguish title to
any hunting, fishing, or water rights or rights to any other natural
resource claimed by the Tribe or a Member based on aboriginal or treaty
recognized title, and all trespass damages and other damages associated
with use, occupancy or possession, or entry upon such lands.
(e) Bar to Future Claims.--The United States is hereby barred from
asserting by or on behalf of the Tribe or any of its Members, or anyone
purporting to be a Member, any claim arising before the effective date
of this Act from the transfer of any land or natural resources by deed
or other grant, or by treaty, compact, or act of law, on the grounds
that such transfer was not made in accordance with the laws of South
Carolina or the Constitution or laws of the United States.
(f) No Derogation of Fee Simple in Existing Reservation, or Effect
on Members' Fee Interests.--Nothing in this Act shall be construed to
diminish or derogate from the Tribe's estate in the Existing
Reservation; or to divest or disturb title in any land conveyed to any
person or entity as a result of the Termination Act and the liquidation
and partition of tribal lands; or to divest or disturb the right, title
and interest of any member in any fee simple, leasehold or remainder
estate or any equitable or beneficial right or interest any such member
may own individually and not as a member of the Tribe.
(g) Costs and Attorneys' Fees.--The parties to the Suits shall bear
their own costs and attorneys' fees. As provided by section 6.4 of the
Settlement Agreement, the Secretary shall pay to the Tribe's attorney
in the Suits attorneys' fees, and expenses not to exceed 10 percent of
the $50,000,000 obligated for payment to the Tribe by Federal, State,
local, and private parties pursuant to section 5 of the Settlement
Agreement.
(h) Personal Claims Not Affected.--Nothing in this section shall be
deemed to affect, diminish, or eliminate the personal claim of any
individual Indian which is pursued under any law of general
applicability (other than Federal common law fraud) that protects non-
Indians as well as Indians.
(i) Federal Payment.--In the event any of the Federal payments are
not paid as set forth in section 5, such failure to pay shall give rise
to a cause of action by the Tribe against the United States for money
damages for the amount authorized to be paid to the Tribe in section
5(a) in settlement of the Tribe's claim, and the Tribe is authorized to
bring an action in the United States Court of Claims for such funds
plus applicable interest. The United States hereby waives any
affirmative defense to such action.
(j) State Payment.--In the event any of the State payments are not
paid as set forth in section 5, such failure to pay shall give rise to
a cause of action in the United States District Court for the District
of South Carolina by the Tribe against the State of South Carolina for
money damages for the amount authorized to be paid to the Tribe in
section 5(d) in settlement of the Tribe's claim. Pursuant to Sec. 27-
16-50 (E) of the State Act, the State of South Carolina waives any
Eleventh Amendment immunity to such action.
SEC. 7. BASE MEMBERSHIP ROLL.
(a) Base Membership Roll Criteria.--Within one year after enactment
of this section, the Tribe shall submit to the Secretary, for approval,
its base membership roll. An individual is eligible for inclusion on
the base membership roll if that individual is living on the date of
enactment of this Act and--
(1) is listed on the membership roll published by the
Secretary in the Federal Register on February 25, 1961 (26 FR
1680-1688, ``Notice of Final Membership Roll''), and is not
excluded under the provisions of subsection (c);
(2) the Executive Committee determines, based on the
criteria used to compile the roll referred to in paragraph (1),
that the individual should have been included on the membership
roll at that time, but was not; or
(3) is a lineal descendant of a Member whose name appeared
or should have appeared on the membership roll referred to in
paragraph (1).
(b) Base Membership Roll Notice.--Within 90 days after the
enactment of this Act, the Secretary shall publish in the Federal
Register, and in three newspapers of general circulation in the Tribe's
service area, a notice stating--
(1) that a base membership roll is being prepared by the
Tribe and that the current membership roll is open and will
remain open for a period of 90 days;
(2) the requirements for inclusion on the base membership
roll;
(3) the final membership roll published by the Secretary in
the Federal Register on February 25, 1961;
(4) the current membership roll as prepared by the
Executive Committee and approved by the General Council; and
(5) the name and address of the tribal or Federal official
to whom inquiries should be made.
(c) Completion of Base Membership Roll.--Within 120 days after
publication of notice under subsection (b), the Secretary, after
consultation with the Tribe, shall prepare and publish in the Federal
Register, and in three newspapers of general circulation in the Tribe's
service area, a proposed final base membership roll of the Tribe.
Within 60 days from the date of publication of the proposed final base
membership roll, an appeal may be filed with the Executive Committee
under rules made by the Executive Committee in consultation with the
Secretary. Such an appeal may be filed by a Member with respect to the
inclusion of any name on the proposed final base membership roll and by
any person with respect to the exclusion of his or her name from the
final base membership roll. The Executive Committee shall review such
appeals and render a decision, subject to the Secretary's approval. If
the Executive Committee and the Secretary disagree, the Secretary's
decision will be final. All such appeals shall be resolved within 90
days following publication of the proposed roll. The final base
membership roll of the Tribe shall then be published in the Federal
Register, and in three newspapers of general circulation in the Tribe's
service area, and shall be final for purposes of the distribution of
funds from the Per Capita Trust Fund.
(e) Future Membership in the Tribe.--The Tribe shall have the right
to determine future membership in the Tribe; however, in no event may
an individual be enrolled as a tribal member unless the individual is a
lineal descendant of a person on the base membership roll and has
continued to maintain political relations with the Tribe.
SEC. 8. TRANSITIONAL AND PROVISIONAL GOVERNMENT.
(a) Future Tribal Government.--The Tribe shall adopt a new
constitution within 24 months after the effective date of this Act.
(b) Executive Committee as Transitional Body.--(1) Until the Tribe
has adopted a constitution, the existing tribal constitution shall
remain in effect and the Executive Committee is recognized as the
provisional and transitional governing body of the Tribe. Until an
election of tribal officers under the new constitution, the Executive
Committee shall--
(A) represent the Tribe and its Members in the
implementation of this Act; and
(B) during such period--
(i) have full authority to enter into contracts,
grant agreements and other arrangements with any
Federal department or agency; and
(ii) have full authority to administer or operate
any program under such contracts or agreements.
(2) Until the initial election of tribal officers under a new
constitution and by-laws, the Executive Committee shall--
(A) determine tribal membership in accordance with the
provisions of section 7; and
(B) oversee and implement the revision and proposal to the
Tribe of a new constitution and conduct such tribal meetings
and elections as are required by this Act.
SEC. 9. TRIBAL CONSTITUTION AND GOVERNANCE.
(a) Indian Reorganization Act.--If the Tribe so elects, it may
organize under the Act of June 18, 1934 (25 U.S.C. 461 et seq.;
commonly referred to as the ``Indian Reorganization Act''). The Tribe
shall be subject to such Act except to the extent such sections are
inconsistent with this Act.
(b) Adoption of New Tribal Constitution.--Within 180 days after the
effective date of this Act, the Executive Committee shall draft and
distribute to each Member eligible to vote under the tribal
constitution in effect on the effective date of this Act, a proposed
constitution and bylaws for the Tribe together with a brief, impartial
description of the proposed constitution and bylaws and a notice of the
date, time and location of the election under this subsection. Not
sooner than 30 days or later than 90 days after the distribution of the
proposed constitution, the Executive Committee shall conduct a secret-
ballot election to adopt a new constitution and bylaws.
(c) Majority Vote for Adoption; Procedure in Event of Failure To
Adopt Proposed Constitution.--(1) The tribal constitution and bylaws
shall be ratified and adopted if--
(A) not less than 30 percent of those entitled to vote do
vote; and
(B) approved by a majority of those actually voting.
(2) If in any such election such majority does not approve the
adoption of the proposed constitution and bylaws, the Executive
Committee shall prepare another proposed constitution and bylaws and
present it to the Tribe in the same manner provided in this section for
the first constitution and bylaws. Such new proposed constitution and
bylaws shall be distributed to the eligible voters of the Tribe no
later than 180 days after the date of the election in which the first
proposed constitution and bylaws failed of adoption. An election on the
question of the adoption of the new proposal of the Executive Committee
shall be conducted in the same manner provided in subsection (b) for
the election on the first proposed constitution and bylaws.
(d) Election of Tribal Officers.--Within 120 days after the Tribe
ratifies and adopts a constitution and bylaws, the Executive Committee
shall conduct an election by secret ballot for the purpose of electing
tribal officials as provided in the constitution and bylaws. Subsequent
elections shall be held in accordance with the Tribe's constitution and
bylaws.
(e) Extension of Time.--Any time periods prescribed in subsections
(b) and (c) may be altered by written agreement between the Executive
Committee and the Secretary.
SEC. 10. ADMINISTRATIVE PROVISIONS RELATING TO JURISDICTION, TAXATION,
AND OTHER MATTERS.
In the administration of this Act:
(1) All matters involving tribal powers, immunities, and
jurisdiction, whether criminal, civil, or regulatory, shall be
governed by the terms and provisions of the Settlement
Agreement and the State Act, unless otherwise provided in this
Act.
(2) All matters relating to taxation involving the Tribe,
its Members, and any property owned by or held in trust for the
Tribe or its Members, shall be governed by the terms and
provisions of the Settlement Agreement and the State Act,
unless otherwise provided in this Act.
(3) All matters pertaining to governance and regulation of
the reservation (including environmental regulation and
riparian rights) shall be governed by the terms and provisions
of the Settlement Agreement and the State Act, including, but
not limited to, section 17 of the Settlement Agreement and
section 27-16-120 of the State Act, unless otherwise provided
in this Act.
(4) The Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et
seq.) shall apply to Catawba Indian children except as provided
in the Settlement Agreement.
(5) Whether or not the Tribe, under section 9(a), elects to
organize under the Act of June 18, 1934, the Tribe, in any
constitution adopted by the Tribe, may be authorized to
exercise such authority as is consistent with the Settlement
Agreement and the State Act.
(6) Section 7871 of the Internal Revenue Code of 1986 (26
U.S.C. 7871, commonly referred to as the ``Indian Tribal
Government Tax Status Act) shall apply to the Tribe and its
Reservation. In no event, however, may the Tribe pledge or
hypothecate the income or principal of the Catawba Education or
Social Services and Elderly Trust Funds or otherwise use them
as security or a source of payment for bonds the Tribe may
issue.
(7) The Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.) shall apply to the Tribe except to
the extent that such application may be inconsistent with this
Act or the Settlement Agreement.
SEC. 11. TRIBAL TRUST FUNDS.
(a) Purposes of Trust Funds.--All funds paid pursuant to section 5
of this Act, except for payments made pursuant to section 6(g), shall
be deposited with the Secretary in trust for the benefit of the Tribe.
Separate trust funds shall be established for the following purposes:
economic development, land acquisition, education, social services and
elderly assistance, and per capita payments. Except as provided in this
section, the Tribe, in consultation with the Secretary, shall determine
the share of settlement payments to be deposited in each Trust Fund,
and define, consistently with the provisions of this section, the
purposes of each Trust Fund and provisions for administering each,
specifically including provisions for periodic distribution of current
and accumulated income, and for invasion and restoration of principal.
(b) Outside Management Option.--(1) The Tribe, in consultation with
and subject to the approval of the Secretary, as set forth in this
section, is authorized to place any of the Trust Funds under
professional management, outside the Department of the Interior.
(2) If the Tribe elects to place any of the Trust Funds under
professional management outside the Department of the Interior, it may
engage a consulting or advisory firm to assist in the selection of an
independent professional investment management firm, and it shall
engage, with the approval of the Secretary, an independent investment
management firm of proven competence and experience established in the
business of counseling large endowments, trusts, or pension funds.
(3) The Secretary shall have 45 days to approve or reject any
independent investment management firm selected by the Tribe. If the
Secretary fails to approve or reject the firm selected by the Tribe
within 45 days, the investment management firm selected by the Tribe
shall be deemed to have been approved by the Secretary.
(4) Secretarial approval of an investment management firm shall not
be unreasonably withheld, and any Secretarial disapproval of an
investment management firm shall be accompanied by a detailed
explanation setting forth the Secretary's reasons for such disapproval.
(5)(A) For funds placed under professional management, the Tribe,
in consultation with the Secretary and its investment manager, shall
develop--
(i) current operating and long-term capital budgets; and
(ii) a plan for managing, investing, and distributing
income and principal from the Trust Funds to match the
requirements of the Tribe's operating and capital budgets.
(B) For each Trust Fund which the Tribe elects to place under
outside professional management, the investment plan shall provide for
investment of Trust Fund assets so as to serve the purposes described
in this section and in the Trust Fund provisions which the Tribe shall
establish in consultation with the Secretary and the independent
investment management firm.
(C) Distributions from each Trust Fund shall not exceed the limits
on the use of principal and income imposed by the applicable provisions
of this Act for that particular Trust Fund.
(D)(i) The Tribe's investment management plan shall not become
effective until approved by the Secretary.
(ii) Upon submission of the plan by the Tribe to the Secretary for
approval, the Secretary shall have 45 days to approve or reject the
plan. If the Secretary fails to approve or disapprove the plan within
45 days, the plan shall be deemed to have been approved by the
Secretary and shall become effective immediately.
(iii) Secretarial approval of the plan shall not be unreasonably
withheld and any secretarial rejection of the plan shall be accompanied
by a detailed explanation setting forth the Secretary's reasons for
rejecting the plan.
(E) Until the selection of an established investment management
firm of proven competence and experience, the Tribe shall rely on the
management, investment, and administration of the Trust Funds by the
Secretary pursuant to the provisions of this section.
(c) Transfer of Trust Funds; Exculpation of Secretary.--Upon the
Secretary's approval of the Tribe's investment management firm and an
investment management plan, all funds previously deposited in trust
funds held by the Secretary and all funds subsequently paid into the
trust funds, which are chosen for outside management, shall be
transferred to the accounts established by an investment management
firm in accordance with the approved investment management plan. The
Secretary shall be exculpated by the Tribe from liability for any loss
of principal or interest resulting from investment decisions made by
the investment management firm. Any Trust Fund transferred to an
investment management firm shall be returned to the Secretary upon
written request of the Tribe, and the Secretary shall manage such funds
for the benefit of the Tribe.
(d) Land Acquisition Trust.--(1) The Secretary shall establish and
maintain a Catawba Land Acquisition Trust Fund, and until the Tribe
engages an outside firm for investment management of this trust fund,
the Secretary shall manage, invest, and administer this trust fund. The
original principal amount of the Land Acquisition Trust Fund shall be
determined by the Tribe in consultation with the Secretary.
(2) The principal and income of the Land Acquisition Trust Fund may
be used for the purchase and development of Reservation and non-
Reservation land pursuant to the Settlement Agreement, costs related to
land acquisition, and costs of construction of infrastructure and
development of the Reservation and non-Reservation land.
(3)(A) Upon acquisition of the maximum amount of land allowed for
expansion of the Reservation, or upon request of the Tribe and approval
of the Secretary pursuant to the Secretarial approval provisions set
forth in subsection (b)(5)(D) of this section, all or part of the
balance of this trust fund may be merged into one or more of the
Economic Development Trust Fund, the Education Trust Fund, or the
Social Services and Elderly Assistance Trust Fund.
(B) Alternatively, at the Tribe's election, the Land Acquisition
Trust Fund may remain in existence after all the Reservation land is
purchased in order to pay for the purchase of non-Reservation land.
(4)(A) The Tribe may pledge or hypothecate the income and principal
of the Land Acquisition Trust Fund to secure loans for the purchase of
Reservation and non-Reservation lands.
(B) Following the effective date of this Act and before the final
annual disbursement is made as provided in section 5 of this Act, the
Tribe may pledge or hypothecate up to 50 percent of the unpaid annual
installments required to be paid to this Trust Fund, the Economic
Development Trust Fund and the Social Services and Elderly Assistance
Trust Fund by section 5 of this Act and by section 5 of the Settlement
Agreement, to secure loans to finance the acquisition of Reservation or
non-Reservation land or infrastructure improvements on such lands.
(e) Economic Development Trust.--(1) The Secretary shall establish
and maintain a Catawba Economic Development Trust Fund, and until the
Tribe engages an outside firm for investment management of this Trust
Fund, the Secretary shall manage, invest, and administer this Trust
Fund. The original principal amount of the Economic Development Trust
Fund shall be determined by the Tribe in consultation with the
Secretary. The principal and income of this Trust Fund may be used to
support tribal economic development activities, including but not
limited to infrastructure improvements and tribal business ventures and
commercial investments benefiting the Tribe.
(2) The Tribe, in consultation with the Secretary, may pledge or
hypothecate future income and up to 50 percent of the principal of this
Trust Fund to secure loans for economic development. In defining the
provisions for administration of this Trust Fund, and before pledging
or hypothecating future income or principal, the Tribe and the
Secretary shall agree on rules and standards for the invasion of
principal and for repayment or restoration of principal, which shall
encourage preservation of principal, and provide that, if feasible, a
portion of all profits derived from activities funded by principal be
applied to repayment of the Trust Fund.
(3) Following the effective date of this Act and before the final
annual disbursement is made as provided in section 5 of this Act, the
Tribe may pledge or hypothecate up to 50 percent of the unpaid annual
installments required to be paid by section 5 of this Act and by
section 5 of the Settlement Agreement to secure loans to finance
economic development activities of the Tribe, including (but not
limited to) infrastructure improvements on Reservation and non-
Reservation lands.
(4) If the Tribe develops sound lending guidelines approved by the
Secretary, a portion of the income from this Trust Fund may also be
used to fund a revolving credit account for loans to support tribal
businesses or business enterprises of tribal members.
(f) Education Trust.--The Secretary shall establish and maintain a
Catawba Education Trust Fund, and until the Tribe engages an outside
firm for investment management of this Trust Fund, the Secretary shall
manage, invest, and administer this Trust Fund. The original principal
amount of this Trust Fund shall be determined by the Tribe in
consultation with the Secretary; subject to the requirement that upon
completion of all payments into the Trust Funds, an amount equal to at
least \1/3\ of all State, local, and private contributions made
pursuant to the Settlement Agreement shall have been paid into the
Education Trust Fund. Income from this Trust Fund shall be distributed
in a manner consistent with the terms of the Settlement Agreement. The
principal of this Trust Fund shall not be invaded or transferred to any
other Trust Fund, nor shall it be pledged or encumbered as security.
(g) Social Services and Elderly Assistance Trust.--(1) The
Secretary shall establish and maintain a Catawba Social Services and
Elderly Assistance Trust Fund and, until the Tribe engages an outside
firm for investment management of this Trust Fund, the Secretary shall
manage, invest, and administer the Social Services and Elderly
Assistance Trust Fund. The original principal amount of this Trust Fund
shall be determined by the Tribe in consultation with the Secretary.
(2) The income of this Trust Fund shall be periodically distributed
to the Tribe to support social services programs, including (but not
limited to) housing, care of elderly, or physically or mentally
disabled Members, child care, supplemental health care, education,
cultural preservation, burial and cemetery maintenance, and operation
of tribal government.
(3) The Tribe, in consultation with the Secretary, shall establish
eligibility criteria and procedures to carry out this subsection.
(h) Per Capita Payment Trust Fund.--(1) The Secretary shall
establish and maintain a Catawba Per Capita Payment Trust Fund in an
amount equal to 15 percent of the settlement funds paid pursuant to
section 5 of the Settlement Agreement. Until the Tribe engages an
outside firm for investment management of this Trust Fund, the
Secretary shall manage, invest, and administer the Catawba Per Capita
Payment Trust Fund.
(2) Each person (or their estate) whose name appears on the final
base membership roll of the Tribe published by the Secretary pursuant
to section 7(c) of this Act will receive a one-time, non-recurring
payment from this Trust Fund.
(3) The amount payable to each member shall be determined by
dividing the trust principal and any accrued interest thereon by the
number of Members on the final base membership roll.
(4)(A) Subject to the provisions of this paragraph, each enrolled
member who has reached the age of 21 years on the date the final roll
is published shall receive the payment on the date of distribution,
which shall be as soon as practicable after date of publication of the
final base membership roll. Adult Members shall be paid their pro rata
share of this Trust Fund on the date of distribution unless they elect
in writing to leave their pro rata share in the Trust Fund, in which
case such share shall not be distributed.
(B) The pro rata share of adult Members who elect not to withdraw
their payment from this Trust Fund shall be managed, invested and
administered, together with the funds of Members who have not attained
the age of 21 years on the date the final base membership roll is
published, until such Member requests in writing that their pro rata
share be distributed, at which time such Member's pro rata share shall
be paid, together with the net income of the Trust Fund allocable to
such Member's share as of the date of distribution.
(C) No member may elect to have their pro rata share managed by
this Trust Fund for a period of more than 21 years after the date of
publication of the final base membership roll.
(5)(A) Subject to the provisions of this paragraph, the pro rata
share of any Member who has not attained the age of 21 years on the
date the final base membership roll is published shall be managed,
invested and administered pursuant to the provisions of this section
until such Member has attained the age of 21 years, at which time such
Member's pro rata share shall be paid, together with the net income of
the Trust Fund allocable to such Member's share as of the date of
payment. Such Members shall be paid their pro rata share of this Trust
Fund on the date they attain 21 years of age unless they elect in
writing to leave their pro rata share in the Trust Fund, in which case
such share shall not be distributed.
(B) The pro rata share of such Members who elect not to withdraw
their payment from this trust fund shall be managed, invested and
administered, together with the funds of members who have not attained
the age of 21 years on the date the final base membership roll is
published, until such Member requests in writing that their pro rata
share be distributed, at which time such Member's pro rata share shall
be paid, together with the net income of the Trust Fund allocable to
such Member's share as of the date of distribution.
(C) No Member may elect to have their pro rata share retained and
managed by this Trust Fund beyond the expiration of the period of 21
years after the date of publication of the final base membership roll.
(6) After payments have been made to all Members entitled to
receive payments, this Trust Fund shall terminate, and any balance
remaining in this Trust Fund shall be merged into the Economic
Development Trust Fund, the Education Trust Fund, or the Social
Services and Elderly Assistance Trust Fund, as the Tribe may determine.
(i) Duration of Trust Funds.--Subject to the provisions of this
section and with the exception of the Catawba Per Capita Payment Trust
Fund, the Trust Funds established in accordance with this section shall
continue in existence so long as the Tribe exists and is recognized by
the United States. The principal of these Trust Funds shall not be
invaded or distributed except as expressly authorized in this Act or in
the Settlement Agreement.
(j) Transfer of Money Among Trust Funds.--The Tribe, in
consultation with the Secretary, shall have the authority to transfer
principal and accumulated income between Trust Funds only as follows:
(1) Funds may be transferred among the Catawba Economic
Development Trust Fund, the Catawba Land Acquisition Trust Fund
and the Catawba Social Services and Elderly Assistance Trust
Fund, and from any of those three Trust Funds into the Catawba
Education Trust Fund; except, that the mandatory share of
State, local, and private sector funds invested in the original
corpus of the Catawba Education Trust Fund shall not be
transferred to any other Trust Fund.
(2) Any Trust Fund, except for the Catawba Education Trust
Fund, may be dissolved by a vote of two-thirds of those Members
eligible to vote, and the assets in such Trust Fund shall be
transferred to the remaining Trust Funds; except, that (A) no
assets shall be transferred from any of the Trust Funds into
the Catawba Per Capita Payment Trust Fund, and (B) the
mandatory share of State, local and private funds invested in
the original corpus of the Catawba Education Trust Fund may not
be transferred or used for any non-educational purposes.
(3) The dissolution of any Trust Fund shall require the
approval of the Secretary pursuant to the Secretarial approval
provisions set forth in subsection (b)(5)(D) of this section.
(k) Trust Fund Accounting.--(1) The Secretary shall account to the
Tribe periodically, and at least annually, for all Catawba Trust Funds
being managed and administered by the Secretary. The accounting shall--
(A) identify the assets in which the Trust Funds have been
invested during the relevant period;
(B) report income earned during the period, distinguishing
current income and capital gains;
(C) indicate dates and amounts of distributions to the
Tribe, separately distinguishing current income, accumulated
income, and distributions of principal; and
(D) identify any invasions or repayments of principal
during the relevant period and record provisions the Tribe has
made for repayment or restoration of principal.
(2)(A) Any outside investment management firm engaged by the Tribe
shall account to the Tribe and separately to the Secretary at periodic
intervals, at least quarterly. Its accounting shall--
(i) identify the assets in which the Trust Funds have been
invested during the relevant period;
(ii) report income earned during the period, separating
current income and capital gains;
(iii) indicate dates and amounts of distributions to the
Tribe, distinguishing current income, accumulated income, and
distributions of principal; and
(iv) identify any invasions or repayments of principal
during the relevant period and record provisions the Tribe has
made for repayment or restoration of principal.
(B) Prior to distributing principal from any Trust Fund, the
investment management firm shall notify the Secretary of the proposed
distribution and the Tribe's proposed use of such funds, following
procedures to be agreed upon by the investment management firm, the
Secretary, and the Tribe. The Secretary shall have 15 days within which
to object in writing to any such invasion of principal. Failure to
object will be deemed approval of the distribution.
(C) All Trust Funds held and managed by any investment management
firm shall be audited annually by a certified public accounting firm
approved by the Secretary, and a copy of the annual audit shall be
submitted to the Tribe and to the Secretary within four months
following the close of the Trust Funds's fiscal year.
(l) Replacement of Investment Management Firm and Modification of
Investment Management Plan.--The Tribe shall not replace the investment
management firm approved by the Secretary without prior written
notification to the Secretary and approval by the Secretary of any
investment management firm chosen by the Tribe as a replacement. Such
Secretarial approval shall be given or denied in accordance with the
Secretarial approval provisions contained in subsection (b)(5)(D) of
this section. The Tribe and its investment management firm shall also
notify the Secretary in writing of any revisions in the investment
management plan which materially increase investment risk or
significantly change the investment management plan, or the agreement,
made in consultation with the Secretary pursuant to which the outside
management firm was retained.
(m) Trust Funds Not Counted for Certain Purposes; Use as Matching
Funds.--None of the funds, assets, income, payments, or distributions
from the trust funds established pursuant to this section shall at any
time affect the eligibility of the Tribe or its Members for, or be used
as a basis for denying or reducing funds to the Tribe or its Members
under any Federal, State, or local program. Distributions from these
Trust Funds may be used as matching funds, where appropriate, for
Federal grants or loans.
SEC. 12. ESTABLISHMENT OF EXPANDED RESERVATION.
(a) Existing Reservation.--The Secretary is authorized to receive
from the State, by such transfer document as the Secretary and the
State shall approve, all rights, title, and interests of the State in
and to the Existing Reservation to be held by the United States as
trustee for the Tribe, and, effective on the date of such transfer, the
obligation of the State as trustee for the Tribe with respect to such
land shall cease.
(b) Expanded Reservation.--(1) The Existing Reservation shall be
expanded in the manner prescribed by the Settlement Agreement.
(2) Within 180 days following the date of the enactment of this
Act, the Secretary, after consulting with the Tribe, shall ascertain
the boundaries and area of the existing reservation. In addition, the
Secretary, after consulting with the Tribe, shall engage a professional
land planning firm as provided in the Settlement Agreement. The
Secretary shall bear the cost of all services rendered pursuant to this
section.
(3) The Tribe may identify, purchase and request that the Secretary
place into reservation status, tracts of lands in the manner prescribed
by the Settlement Agreement. The Tribe may not request that any land be
placed in reservation status, unless those lands were acquired by the
Tribe and qualify for reservation status in full compliance with the
Settlement Agreement, including section 14 thereof.
(4) The Secretary shall bear the cost of all title examinations,
preliminary subsurface soil investigations, and level one environmental
audits to be performed on each parcel contemplated for purchase by the
Tribe or the Secretary for the Expanded Reservation, and shall report
the results to the Tribe. The Secretary's or the Tribe's payment of any
option fee and the purchase price may be drawn from the Catawba Land
Acquisition Trust Fund.
(5) The total area of the Expanded Reservation shall be limited to
3,000 acres, including the Existing Reservation, but the Tribe may
exclude from this limit up to 600 acres of additional land under the
conditions set forth in the Settlement Agreement. The Tribe may seek to
have the permissible area of the Expanded Reservation enlarged by an
additional 600 acres as set forth in the Settlement Agreement.
(6) All lands acquired for the Expanded Reservation shall be held
in trust together with the Existing Reservation which the State is to
convey to the United States.
(7) Nothing in this Act shall prohibit the Secretary from providing
technical and financial assistance to the Tribe to fulfill the purposes
of this section.
(c) Expansion Zones.--(1) Subject to the conditions, criteria, and
procedures set forth in the Settlement Agreement, the Tribe shall
endeavor at the outset to acquire contiguous tracts for the Expanded
Reservation in the ``Catawba Reservation Primary Expansion Zone'', as
defined in the Settlement Agreement.
(2) Subject to the conditions, criteria, and procedures set forth
in the Settlement Agreement, the Tribe may elect to purchase contiguous
tracts in an alternative area, the ``Catawba Reservation Secondary
Expansion Zone'', as defined in the Settlement Agreement.
(3) The Tribe may propose different or additional expansion zones
subject to the authorizations required in the Settlement Agreement and
the State implementing legislation.
(d) Non-Contiguous Tracts.--The Tribe, in consultation with the
Secretary, shall take such actions as are reasonable to expand the
Existing Reservation by assembling a composite tract of contiguous
parcels that border and surround the Existing Reservation. Before
requesting that any non-contiguous tract be placed in Reservation
status, the Tribe shall comply with section 14 of the Settlement
Agreement. Upon the approval of the Tribe's application under and in
accordance with section 14 of the Settlement Agreement, the Secretary,
in consultation with the Tribe, may proceed to place non-contiguous
tracts in Reservation status. No purchases of non-contiguous tracts
shall be made for the Reservation except as set forth in the Settlement
Agreement and the State implementing legislation.
(e) Voluntary Land Purchases.--(1) The power of eminent domain
shall not be used by the Secretary or any governmental authority in
acquiring parcels of land for the benefit of the Tribe, whether or not
the parcels are to be part of the Reservation. All such purchases shall
be made only from willing sellers by voluntary conveyances subject to
the terms of the Settlement Agreement.
(2) Conveyances by private land owners to the Secretary or to the
Tribe for the Expanded Reservation will be deemed, however, to be
involuntary conversions within the meaning of section 1033 of the
Internal Revenue Code of 1986.
(3) Notwithstanding any other provision of this section and the
provisions of the first section of the Act of August 1, 1888 (ch. 728,
25 Stat. 357; 40 U.S.C. 257), and the first section of the Act of
February 26, 1931 (ch. 307, 46 Stat. 1421; 40 U.S.C. 258a), the
Secretary or the Tribe may acquire a less than complete interest in
land otherwise qualifying under section 14 of the Settlement Agreement
for treatment as Reservation land for the benefit of the Tribe from the
ostensible owner of the land if the Secretary or the Tribe and the
ostensible owner have agreed upon the identity of the land to be sold
and upon the purchase price and other terms of sale. If the ostensible
owner agrees to the sale, the Secretary may use condemnation
proceedings to perfect or clear title and to acquire any interests of
putative co-tenants whose address is unknown or the interests of
unknown or unborn heirs or persons subject to mental disability.
(f) Terms and Conditions of Acquisition.--All properties acquired
by the Secretary for the Tribe or acquired by the Tribe shall be
acquired subject to the terms and conditions set forth in the
Settlement Agreement. The Tribe and the Secretary, acting on behalf of
the Tribe and with its consent, are also authorized to acquire
Reservation and non-Reservation lands using the methods of financing
described in the Settlement Agreement.
(g) Authority To Erect Permanent Improvements on Existing and
Expanded Reservation Land and Non-Reservation Land Held in Trust.--
Notwithstanding any other provision of law or regulation, the Attorney
General of the United States may approve any deed or other instrument
which conveys to the United States lands purchased pursuant to the
provisions of this section and the Settlement Agreement. The Secretary
or the Tribe may erect permanent improvements of a substantial value,
or any other improvements authorized by law on such land after such
land is conveyed to the United States.
(h) Easements Over Reservation.--(1) The acquisition of lands for
the Expanded Reservation shall not extinguish any easements or rights-
of-way then encumbering such lands unless the Secretary or the Tribe
enters into a written agreement with the owners terminating such
easements or rights-of-way.
(2)(A) The Tribe, with the approval of the Secretary, shall have
the power to grant or convey easements and rights-of-way, in a manner
consistent with the Settlement Agreement.
(B) Unless the Tribe and the State agree upon a valuation formula
for pricing easements over the Reservation, the Secretary shall be
subject to proceedings for condemnation and eminent domain to acquire
easements and rights of way for public purposes through the Reservation
under the laws of the State in circumstances where no other reasonable
access is available.
(C) With the approval of the Tribe, the Secretary may grant
easements or rights-of-way over the Reservation for private purposes,
and implied easements of necessity shall apply to all lands acquired by
the Tribe, unless expressly excluded by the parties.
(i) Jurisdictional Status.--Only land made part of the Reservation
shall be governed by the special jurisdictional provisions set forth in
the Settlement Agreement and the State Act.
(j) Sale and Transfer of Reservation Lands.--With the approval of
the Secretary, the Tribe may sell, exchange, or lease lands within the
Reservation, and sell timber or other natural resources on the
Reservation under circumstances and in the manner prescribed by the
Settlement Agreement and the State Act.
(k) Time Limit on Acquisitions.--All acquisitions of contiguous
land to expand the Reservation or of non-contiguous lands to be placed
in Reservation status shall be completed or under contract of purchase
within 10 years from the date the last payment is made into the Land
Acquisition Trust; except that for a period of 20 years after the date
the last payment is made into the Catawba Land Acquisition Trust Fund,
the Tribe may, subject to the limitation on the total size of the
Reservation, continue to add parcels to up to two Reservation areas so
long as the parcels acquired are contiguous to one of those two
Reservation areas.
(l) Leases of Reservation Lands.--The provisions of the first
section of the Act of August 9, 1955 (ch. 615, 69 Stat. 539; 25 U.S.C.
415) shall not apply to the Tribe and its Reservation. The Tribe, with
the approval of the Secretary, shall be authorized to lease its
Reservation lands for terms up to but not exceeding 99 years.
(m) Non-Applicability of BIA Land Acquisition Regulations.--The
general land acquisition regulations of the Bureau of Indian Affairs,
contained in part 151 of title 25, Code of Federal Regulations, shall
not apply to the acquisition of lands authorized by this section.
SEC. 13. NON-RESERVATION PROPERTIES.
(a) Acquisition of Non-Reservation Properties.--The Tribe may draw
upon the corpus or accumulated income of the Catawba Land Acquisition
Trust Fund or the Catawba Economic Development Trust Fund to acquire
and hold parcels of real estate outside the Reservation for the
purposes and in the manner delineated in the Settlement Agreement.
Jurisdiction and status of all non-Reservation lands shall be governed
by section 15 of the Settlement Agreement.
(b) Authority To Dispose of Lands.--Notwithstanding any other
provision of law, the Tribe may lease, sell, mortgage, restrict,
encumber, or otherwise dispose of such non-Reservation lands in the
same manner as other persons and entities under State law, and the
Tribe as land owner shall be subject to the same obligations and
responsibilities as other persons and entities under State, Federal,
and local law.
(c) Restrictions.--Ownership and transfer of non-Reservation
parcels shall not be subject to Federal law restrictions on alienation,
including (but not limited to) the restrictions imposed by Federal
common law and the provisions of the section 2116 of the Revised
Statutes (25 U.S.C. 177).
SEC. 14. GAMES OF CHANCE.
(a) Inapplicability of Indian Gaming Regulatory Act.--The Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not apply to the
Tribe.
(b) Games of Chance Generally.--The Tribe shall have the rights and
responsibilities set forth in the Settlement Agreement and the State
Act with respect to the conduct of games of chance. Except as
specifically set forth in the Settlement Agreement and the State Act,
all laws, ordinances, and regulations of the State, and its political
subdivisions, shall govern the regulation of gambling devices and the
conduct of gambling or wagering by the Tribe on and off the
Reservation.
SEC. 15. GENERAL PROVISIONS.
(a) Severability.--If any provision of section 4(a), 5, or 6 of
this Act is rendered invalid by the final action of a court, then all
of this Act is invalid. Should any other section of this Act be
rendered invalid by the final action of a court, the remaining sections
of this Act shall remain in full force and effect.
(b) Interpretation Consistent With Settlement Agreement.--To the
extent possible, this Act shall be construed in a manner consistent
with the Settlement Agreement and the State Act. In the event of a
conflict between the provisions of this Act and the Settlement
Agreement or the State Act, the terms of this Act shall govern. In the
event of a conflict between the State Act and the Settlement Agreement,
the terms of the State Act shall govern. The Settlement Agreement and
the State Act shall be maintained on file and available for public
inspection at the Department of the Interior.
(c) Impact of Subsequently Enacted Laws.--The provisions of any
Federal law enacted after the date of enactment of this Act shall not
apply in the State if such provision would materially affect or preempt
the application of the laws of the State, including application of the
laws of the State applicable to lands owned by or held in trust for
Indians, or Indian Nations, Tribes or bands of Indians. However, such
Federal law shall apply within the State if the State grants its
approval by a law or joint resolution enacted by the General Assembly
of South Carolina and signed by the Governor.
(d) Eligibility for Consideration To Become an Enterprise Zone or
General Purpose Foreign Trade Zone.--Notwithstanding the provisions of
any other law or regulation, the Tribe shall be eligible to become,
sponsor and operate (1) an ``enterprise zone'' pursuant to title VII of
the Housing and Community Development Act of 1987 (42 U.S.C. 11501-
11505) or any other applicable Federal (or State) laws or regulations;
or (2) a ``foreign-trade zone'' or ``subzone'' pursuant to the Foreign
Trade Zones Act of 1934, as amended (19 U.S.C. 81a-81u) and the
regulations thereunder, to the same extent as other federally
recognized Indian Tribes.
(e) General Applicability of State Law.--Consistent with the
provisions of section 4(a)(2), the provisions of South Carolina Code
Annotated, section 27-16-40, and section 19.1 of the Settlement
Agreement are approved, ratified, and confirmed by the United States,
and shall be complied with in the same manner and to the same extent as
if they had been enacted into Federal law.
(f) Subsequent Amendments to the Settlement Agreement or State
Act.--Consent is hereby given to the Tribe and the State to amend the
Settlement Agreement and the State Act if consent to such amendment is
given by both the State and the Tribe, and if such amendment relates
to--
(1) the jurisdiction, enforcement, or application of civil,
criminal, regulatory, or tax laws of the Tribe and the State;
(2) the allocation or determination of governmental
responsibility of the State and the Tribe over specified
subject matters or specified geographical areas, or both,
including provision for concurrent jurisdiction between the
State and the Tribe;
(3) the allocation of jurisdiction between the tribal
courts and the State courts; or
(4) technical and other corrections and revisions to
conform the State Act and the Agreement in Principle attached
to the State Act to the Settlement Agreement.
SEC. 16. TAX TREATMENT OF INCOME AND TRANSACTIONS.
Notwithstanding any provision of the State Act, Settlement
Agreement or this Act (including any amendment made under section
15(f)) any income or transaction otherwise taxable shall remain taxable
under the general principles of the Internal Revenue Code of 1986.
SEC. 17. EFFECTIVE DATE.
Except for section 12, the provisions of this Act shall become
effective upon the transfer of the Existing Reservation under section
12 to the Secretary.
Passed the Senate August 6 (legislative day, June 30),
1993.
Attest:
Secretary.
S 1156 ES----2
S 1156 ES----3
S 1156 ES----4
S 1156 ES----5