Page 335 TITLE 25—INDIANS § 941j

1So in original. Probably should be capitalized.

§ 941j. 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 October 27, 1993,

the Secretary, after consulting with the Tribe,

shall ascertain the boundaries and area of the

existing reservation.1 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 may be held in trust together with the

Existing Reservation which the State is to convey to the United States.

(7) Nothing in this subchapter 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 Act.

(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 Act.

(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) Notwithstanding any other provision of

this section and the provisions of sections 257

and 258a of title 40, the Secretary or the Tribe

may acquire a fractional 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 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
§ 941k TITLE 25—INDIANS Page 336

States shall 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 section 415 of this title shall

not apply to the Tribe and its Reservation. The

Tribe is authorized to lease its Reservation

lands for terms up to but not exceeding 99 years,

with or without the approval of the Secretary.

With regard to any lease of Reservation lands

not approved by the Secretary, the Secretary

shall be exculpated by the Tribe from any liability arising out of any loss incurred by the Tribe

as a result of the unapproved lease.

(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.

(Pub. L. 103–116, §12, Oct. 27, 1993, 107 Stat. 1133.)

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 941k. 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 section 177 of

this title.

(Pub. L. 103–116, §13, Oct. 27, 1993, 107 Stat. 1136.)

§ 941l. 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.

(Pub. L. 103–116, §14, Oct. 27, 1993, 107 Stat. 1136.)

REFERENCES IN TEXT

The Indian Gaming Regulatory Act, referred to in

subsec. (a), is Pub. L. 100–497, Oct. 17, 1988, 102 Stat.

2467, as amended, which is classified principally to