Page 329 TITLE 25—INDIANS § 941e

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 subchapter 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 subchapter 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 attorneys in the Suits

attorneys’ fees and expenses from, and 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 941c of this title,

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 941c(a) of this

title 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 941c of this title,

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 by the State in §27–16–50(A) of the

State Act in settlement of the Tribe’s claim.

Pursuant to §27–16–50(E) of the State Act, the

State of South Carolina waives any Eleventh

Amendment immunity to such action.

(Pub. L. 103–116, §6, Oct. 27, 1993, 107 Stat. 1122.)

REFERENCES IN TEXT

For the effective date of this subchapter, referred to

in subsec. (e), see Effective Date note set out under section 941 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 941a, 941c, 941i,

941m of this title.

§ 941e. Base membership roll

(a) Base membership roll criteria

Within one year after October 27, 1993, 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 October 27,

1993, 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) of this

section;

(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 October 27, 1993, 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) of this section, 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
§ 941f TITLE 25—INDIANS Page 330

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 established under section 941i(h) of this

title.

(d) Future membership in 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 final base membership roll and has continued to maintain political

relations with the Tribe.

(Pub. L. 103–116, §7, Oct. 27, 1993, 107 Stat. 1124.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 941f, 941i of this

title.

§ 941f. Transitional and provisional government

(a) Future tribal government

The Tribe shall adopt a new constitution within 24 months after the effective date of this subchapter.

(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 subchapter; 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 bylaws, the Executive Committee shall—

(A) determine tribal membership in accordance with the provisions of section 941e of this

title; 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 subchapter.

(Pub. L. 103–116, §8, Oct. 27, 1993, 107 Stat. 1125.)

§ 941g. 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 subchapter.

(b) Adoption of new tribal constitution

Within 180 days after the effective date of this

subchapter, 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 subchapter, 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) of this section 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) of this section may be altered by written

agreement between the Executive Committee

and the Secretary.

(Pub. L. 103–116, §9, Oct. 27, 1993, 107 Stat. 1125.)

REFERENCES IN TEXT

The Indian Reorganization Act, referred to in subsec.

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