§ 941a TITLE 25—INDIANS Page 326

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 [25 U.S.C. 461 et

seq.].

(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 nonIndian 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 subchapter—

(1) to approve, ratify, and confirm the Settlement Agreement entered into by the nonIndian settlement parties and the Tribe, except as otherwise provided by this subchapter;

(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 subchapter;

(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.

(Pub. L. 103–116, §2, Oct. 27, 1993, 107 Stat. 1118.)

REFERENCES IN TEXT

The Indian Reorganization Act, referred to in subsec.

(a)(4)(C), is act June 18, 1934, ch. 576, 48 Stat. 984, as

amended, which is classified generally to subchapter V

(§461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set

out under section 461 of this title and Tables.

The Catawba Tribe of South Carolina Division of Assets Act and the 1959 Act, referred to in subsec.

(a)(4)(D), (E), probably mean Pub. L. 86–322, Sept. 21,

1959, 73 Stat. 592, which was classified generally to subchapter XLIII (§931 et seq.) of this chapter prior to repeal by Pub. L. 103–116, §4(c), Oct. 27, 1993, 107 Stat. 1121.

Legislation suspending until October 1, 1993, the running of any unexpired statute of limitation applicable

to the Tribe’s land claim, referred to in subsec. (a)(6),

is Pub. L. 102–339, §3, Aug. 11, 1992, 106 Stat. 869, which

is not classified to the Code.

This subchapter, referred to in subsec. (b), was in the

original ‘‘this Act’’, meaning Pub. L. 103–116, Oct. 27,

1993, 107 Stat. 1118, known as the Catawba Indian Tribe

of South Carolina Land Claims Settlement Act of 1993,

which is classified generally to this subchapter. For

complete classification of this Act to the Code, see

Short Title note set out below and Tables.

EFFECTIVE DATE

Section 17 of Pub. L. 103–116 provided that: ‘‘Except

for sections 7, 8, and 12 [enacting sections 941e, 941f and

941j of this title], the provisions of this Act [see Short

Title note below] shall become effective upon the transfer of the Existing Reservation under section 12 [enacting section 941j of this title] to the Secretary.’’

[In accordance with the provisions of Pub. L. 103–116,

a quitclaim deed transferring the existing reservation

to the United States as Trustee for the Tribe was executed on Nov. 29, 1993. This conveyance was accepted on

behalf of the United States, in trust, on Jan. 19, 1994.

The deed was recorded Jan. 20, 1994.]

SHORT TITLE

Section 1 of Pub. L. 103–116 provided that: ‘‘This Act

[enacting this subchapter and repealing subchapter

XLIII (§931 et seq.) of this chapter] may be cited as the

‘Catawba Indian Tribe of South Carolina Land Claims

Settlement Act of 1993’.’’

§ 941a. Definitions

For purposes of this subchapter:

(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
Page 327 TITLE 25—INDIANS § 941b

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 subchapter.

(7) The term ‘‘Reservation’’ or ‘‘Expanded

Reservation’’ means the Existing Reservation

and the lands added to the Existing Reservation in accordance with section 941j of this

title, which are to be held in trust by the Secretary in accordance with this subchapter.

(8) The term ‘‘Secretary’’ means the Secretary of the Interior.

(9) 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.

(10) 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 Act and filed with the Secretary of

State of the State of South Carolina, as

amended to conform to this subchapter and

printed in the Congressional Record.

(11) The term ‘‘State’’ means, except for section 941d(a) through (f) of this title, the State

of South Carolina.

(12) 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.

(13) 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.

(14) 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).

(15) 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.

(16) The term ‘‘Trust Funds’’ means the

trust funds established by section 941i of this

title.

(Pub. L. 103–116, §3, Oct. 27, 1993, 107 Stat. 1120.)

REFERENCES IN TEXT

The Agreement in Principle, referred to in par. (10),

is set out at Cong. Rec., vol. 139, p. H7009, Daily Issue.

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, referred to in par. (14), is Pub. L. 86–322, Sept. 21, 1959, 73

Stat. 592, which was classified generally to subchapter

XLIII (§931 et seq.) of this chapter prior to repeal by

Pub. L. 103–116, §4(c), Oct. 27, 1993, 107 Stat. 1121.

§ 941b. Restoration of Federal trust relationship

(a) Restoration of Federal trust relationship and

approval, ratification, and confirmation of

Settlement Agreement

On the effective date of this subchapter—

(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 subchapter, 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 subchapter, 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 subchapter, 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 eligible 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 eligible 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