§ 941c TITLE 25—INDIANS Page 328

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The Termination Act is repealed.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 subchapter, this subchapter shall not affect

any property right or obligation or any contractual right or obligation in existence before the

effective date of this subchapter, or any obligation for taxes levied before that date.

(e) Extent of jurisdiction

This subchapter 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 subchapter or by the

State Act. The jurisdiction and governmental

powers of the Tribe shall be solely those set

forth in this subchapter and the State Act.

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

REFERENCES IN TEXT

For the effective date of this subchapter, referred to

in subsecs. (a), (b), and (d), see Effective Date note set

out under section 941 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 941m of this

title.

§ 941c. 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 941i of this title or paid pursuant

to section 941d(g) of this title.

(b) Disbursement in accordance with Settlement

Agreement

The Federal funds appropriated pursuant to

this subchapter shall be disbursed in four equal

annual installments of $8,000,000 beginning in

the fiscal year following October 27, 1993. Funds

transferred to the Secretary from other sources

shall be deposited in the trust funds established

pursuant to section 941i of this title or paid pursuant to section 941d(g) of this title within 30

days of receipt by the Secretary.

(c) 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 subchapter, in trust for the

Tribe pursuant to the provisions of section 941i

of this title or pay such funds pursuant to section 941d(g) of this title.

(d) Nonpayment of State, local, or private contributions

The Secretary shall not be accountable or

incur any liability 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 941d(g) of this title, until such time as

such funds are received by the Secretary.

(Pub. L. 103–116, §5, Oct. 27, 1993, 107 Stat. 1122.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 941d, 941i, 941m

of this title.

§ 941d. 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, eliminate, or

revive 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