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
§ 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