Page 337 TITLE 25—INDIANS § 951

1So in original. Probably should be ‘‘specifically’’.

chapter 29 (§2701 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title

note set out under section 2701 of this title and Tables.

§ 941m. General provisions

(a) Severability

If any provision of section 941b(a), 941c, or 941d

of this title is rendered invalid by the final action of a court, then all of this subchapter is invalid. Should any other section of this subchapter be rendered invalid by the final action

of a court, the remaining sections of this subchapter shall remain in full force and effect.

(b) Interpretation consistent with Settlement

Agreement

To the extent possible, this subchapter 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

subchapter and the Settlement Agreement or

the State Act, the terms of this subchapter 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) Laws and regulations of United States

The provisions of any Federal law enacted

after October 27, 1993, for the benefit of Indians,

Indian nations, tribes, or bands of Indians,

which would affect or preempt the application of

the laws of the State to lands owned by or held

in trust for Indians, or Indian nations, tribes, or

bands of Indians, as provided in this subchapter

and the South Carolina State Implementing

Act, shall not apply within the State of South

Carolina, unless such provision of such subsequently enacted Federal law is specifcally1

made applicable within the State of South Carolina.

(d) Eligibility for consideration to become 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 ‘‘foreigntrade 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

941b(a)(2) of this title, 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 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.

(Pub. L. 103–116, §15, Oct. 27, 1993, 107 Stat. 1136.)

REFERENCES IN TEXT

The Housing and Community Development Act of

1987, referred to in subsec. (d), is Pub. L. 100–242, Feb.

5, 1988, 101 Stat. 1815, as amended. Title VII of the Act

is classified principally to chapter 120 (§11501 et seq.) of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title of

1988 Amendment note under section 5301 of Title 42 and

Tables.

The Foreign Trade Zones Act of 1934, referred to in

subsec. (d), probably means act June 18, 1934, ch. 590, 48

Stat. 998, as amended, popularly known as the Foreign

Trade Zones Act, which is classified generally to chapter 1A (§81a et seq.) of Title 19, Customs Duties. For

complete classification of this Act to the Code, see

Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 941n of this title.

§ 941n. Tax treatment of income and transactions

Notwithstanding any provision of the State

Act, the Settlement Agreement, or this subchapter (including any amendment made under

section 941m(f) of this title), nothing in this subchapter, the State Act, or the Settlement Agreement—

(1) shall amend or alter title 26, as amended,

or any rules or regulations promulgated thereunder, or

(2) shall affect the treatment under title 26

of any person or transaction other than by

reason of the restoration of the trust relationship between the United States and the Tribe.

(Pub. L. 103–116, §16, Oct. 27, 1993, 107 Stat. 1137.)

SUBCHAPTER XLIV—AGUA CALIENTE

(PALM SPRINGS) RESERVATION OF CALIFORNIA: EQUALIZATION OF ALLOTMENTS

§ 951. Authority to equalize allotments

The Secretary of the Interior (hereinafter

called the ‘‘Secretary’’) is authorized and directed to do whatever is necessary and proper to

equalize as nearly as possible the values of all

allotments of land on the Agua Caliente (Palm

Springs) Reservation in California in accordance

with the provisions of this subchapter.