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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1156 Engrossed in Senate (ES)]

103d CONGRESS

  1st Session

                                S. 1156

_______________________________________________________________________

                                 AN ACT

 To provide for the settlement of land claims of the Catawba Tribe of 
   Indians in the State of South Carolina and the restoration of the 
   Federal trust relationship with the Tribe, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  1st Session
                                S. 1156

_______________________________________________________________________

                                 AN ACT

 
 To provide for the settlement of land claims of the Catawba Tribe of 
   Indians in the State of South Carolina and the restoration of the 
   Federal trust relationship with the Tribe, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Catawba Indian Tribe of South 
Carolina Land Claims Settlement Act of 1993''.

SEC. 2. DECLARATION OF POLICY, CONGRESSIONAL FINDINGS AND PURPOSE.

    (a) Findings.--The Congress declares and finds that:
            (1) It is the policy of the United States to promote tribal 
        self-determination and economic self-sufficiency and to support 
        the resolution of disputes over historical claims through 
        settlements mutually agreed to by Indian and non-Indian 
        parties.
            (2) There is pending before the United States District 
        Court for the District of South Carolina a lawsuit disputing 
        ownership of approximately 140,000 acres of land in the State 
        of South Carolina and other rights of the Catawba Indian Tribe 
        under Federal law.
            (3) The Catawba Indian Tribe initiated a related lawsuit 
        against the United States in the United States Court of Federal 
        Claims seeking monetary damages.
            (4) Some of the significant historical events which have 
        led to the present situation include:
                    (A) In treaties with the Crown in 1760 and 1763, 
                the Tribe ceded vast portions of its aboriginal 
                territory in the present States of North and South 
                Carolina in return for guarantees of being quietly 
                settled on a 144,000-acre reservation.
                    (B) The Tribe's district court suit contended that 
                in 1840 the Tribe and the State entered into an 
                agreement without Federal approval or participation 
                whereby the Tribe ceded its treaty reservation to the 
                State, thereby giving rise to the Tribe's claim that it 
                was dispossessed of its lands in violation of Federal 
                law.
                    (C) In 1943, the United States entered into an 
                agreement with the Tribe and the State 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.
                    (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 non-Indian 
        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 Act--
            (1) to approve, ratify, and confirm the Settlement 
        Agreement entered into by the non-Indian settlement parties and 
        the Tribe;
            (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 Act;
            (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.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (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 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 Act.
            (7) The term ``Reservation'' or ``Expanded Reservation'' 
        means the Existing Reservation and the lands added to the 
        Existing Reservation in accordance with section 12 of this Act, 
        which are to be held in trust by the Secretary in accordance 
        with this Act.
            (8) The term ``Secretary'' means the Secretary of the 
        Interior.
            (8A) 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.
            (9) 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 
        implementing legislation and filed with the Secretary of State 
        of the State of South Carolina, as amended to conform to this 
        Act and printed in the Congressional Record on the date of the 
        enactment of this Act.
            (10) The term ``State'' means, except for section 6 (a) 
        through (f), the State of South Carolina.
            (11) 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.
            (12) 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.
            (13) 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).
            (14) 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.
            (15) The term ``Trust Funds'' means the trust funds 
        established by section 11 of this Act.

SEC. 4. RESTORATION OF FEDERAL TRUST RELATIONSHIP.

    (a) Restoration of the Federal Trust Relationship and Approval, 
Ratification, and Confirmation of the Settlement Agreement.--On the 
effective date of this Act--
            (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 Act, 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 Act, 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 Act, 
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 entitled 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 
entitled 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 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 Act, this Act shall not affect 
any property right or obligation or any contractual right or obligation 
in existence before the effective date of this Act, or any obligation 
for taxes levied before that date.
    (e) Extent of Jurisdiction.--This Act 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 Act or by the 
State Act. The jurisdiction and governmental powers of the Tribe shall 
be solely those set forth in this Act and the State Act.

SEC. 5. 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 11 of this 
Act or paid pursuant to section 6(g).
    (b) Disbursement in Accordance With Settlement Agreement.--The 
Federal funds appropriated pursuant to this Act shall be disbursed in 
four equal annual installments of $8,000,000 beginning in the fiscal 
year following enactment of this Act. Funds transferred to the 
Secretary from other sources shall be deposited in the trust funds 
established pursuant to section 11 of this Act or paid pursuant to 
section 6(g) within 30 days of receipt by the Secretary.
    (c) Private Funds.--Any private payments made to settle the claims 
may be treated, at the election of the taxpayer, as either a payment in 
settlement of litigation or a charitable contribution for Federal 
income tax purposes.
    (d) 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 Act, in trust for the Tribe 
pursuant to the provisions of section 11 of this Act or pay such funds 
pursuant to section 6(g) of this Act.
    (e) Nonpayment of State, Local, or Private Contributions.--The 
Secretary shall not be accountable or incur any liability under this 
Act 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 6(g) of this Act, until 
such time as such funds are received by the Secretary.

SEC. 6. 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 or eliminate 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 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 Act 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 Act 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 attorney 
in the Suits attorneys' fees, and expenses 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 5, 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 
5(a) 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 5, 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 in 
section 5(d) in settlement of the Tribe's claim. Pursuant to Sec. 27-
16-50 (E) of the State Act, the State of South Carolina waives any 
Eleventh Amendment immunity to such action.

SEC. 7. BASE MEMBERSHIP ROLL.

    (a) Base Membership Roll Criteria.--Within one year after enactment 
of this section, 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 the date of 
enactment of this Act 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);
            (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 the 
enactment of this Act, 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), 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 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.
    (e) Future Membership in the 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 base membership roll and has 
continued to maintain political relations with the Tribe.

SEC. 8. TRANSITIONAL AND PROVISIONAL GOVERNMENT.

    (a) Future Tribal Government.--The Tribe shall adopt a new 
constitution within 24 months after the effective date of this Act.
    (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 Act; 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 by-laws, the Executive Committee shall--
            (A) determine tribal membership in accordance with the 
        provisions of section 7; 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 Act.

SEC. 9. 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 Act.
    (b) Adoption of New Tribal Constitution.--Within 180 days after the 
effective date of this Act, 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 Act, 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) 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) may be altered by written agreement between the Executive 
Committee and the Secretary.

SEC. 10. ADMINISTRATIVE PROVISIONS RELATING TO JURISDICTION, TAXATION, 
              AND OTHER MATTERS.

    In the administration of this Act:
            (1) All matters involving tribal powers, immunities, and 
        jurisdiction, whether criminal, civil, or regulatory, shall be 
        governed by the terms and provisions of the Settlement 
        Agreement and the State Act, unless otherwise provided in this 
        Act.
            (2) All matters relating to taxation involving the Tribe, 
        its Members, and any property owned by or held in trust for the 
        Tribe or its Members, shall be governed by the terms and 
        provisions of the Settlement Agreement and the State Act, 
        unless otherwise provided in this Act.
            (3) All matters pertaining to governance and regulation of 
        the reservation (including environmental regulation and 
        riparian rights) shall be governed by the terms and provisions 
        of the Settlement Agreement and the State Act, including, but 
        not limited to, section 17 of the Settlement Agreement and 
        section 27-16-120 of the State Act, unless otherwise provided 
        in this Act.
            (4) The Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et 
        seq.) shall apply to Catawba Indian children except as provided 
        in the Settlement Agreement.
            (5) Whether or not the Tribe, under section 9(a), elects to 
        organize under the Act of June 18, 1934, the Tribe, in any 
        constitution adopted by the Tribe, may be authorized to 
        exercise such authority as is consistent with the Settlement 
        Agreement and the State Act.
            (6) Section 7871 of the Internal Revenue Code of 1986 (26 
        U.S.C. 7871, commonly referred to as the ``Indian Tribal 
        Government Tax Status Act) shall apply to the Tribe and its 
        Reservation. In no event, however, may the Tribe pledge or 
        hypothecate the income or principal of the Catawba Education or 
        Social Services and Elderly Trust Funds or otherwise use them 
        as security or a source of payment for bonds the Tribe may 
        issue.
            (7) The Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 450 et seq.) shall apply to the Tribe except to 
        the extent that such application may be inconsistent with this 
        Act or the Settlement Agreement.

SEC. 11. TRIBAL TRUST FUNDS.

    (a) Purposes of Trust Funds.--All funds paid pursuant to section 5 
of this Act, except for payments made pursuant to section 6(g), shall 
be deposited with the Secretary in trust for the benefit of the Tribe. 
Separate trust funds shall be established for the following purposes: 
economic development, land acquisition, education, social services and 
elderly assistance, and per capita payments. Except as provided in this 
section, the Tribe, in consultation with the Secretary, shall determine 
the share of settlement payments to be deposited in each Trust Fund, 
and define, consistently with the provisions of this section, the 
purposes of each Trust Fund and provisions for administering each, 
specifically including provisions for periodic distribution of current 
and accumulated income, and for invasion and restoration of principal.
    (b) Outside Management Option.--(1) The Tribe, in consultation with 
and subject to the approval of the Secretary, as set forth in this 
section, is authorized to place any of the Trust Funds under 
professional management, outside the Department of the Interior.
    (2) If the Tribe elects to place any of the Trust Funds under 
professional management outside the Department of the Interior, it may 
engage a consulting or advisory firm to assist in the selection of an 
independent professional investment management firm, and it shall 
engage, with the approval of the Secretary, an independent investment 
management firm of proven competence and experience established in the 
business of counseling large endowments, trusts, or pension funds.
    (3) The Secretary shall have 45 days to approve or reject any 
independent investment management firm selected by the Tribe. If the 
Secretary fails to approve or reject the firm selected by the Tribe 
within 45 days, the investment management firm selected by the Tribe 
shall be deemed to have been approved by the Secretary.
    (4) Secretarial approval of an investment management firm shall not 
be unreasonably withheld, and any Secretarial disapproval of an 
investment management firm shall be accompanied by a detailed 
explanation setting forth the Secretary's reasons for such disapproval.
    (5)(A) For funds placed under professional management, the Tribe, 
in consultation with the Secretary and its investment manager, shall 
develop--
            (i) current operating and long-term capital budgets; and
            (ii) a plan for managing, investing, and distributing 
        income and principal from the Trust Funds to match the 
        requirements of the Tribe's operating and capital budgets.
    (B) For each Trust Fund which the Tribe elects to place under 
outside professional management, the investment plan shall provide for 
investment of Trust Fund assets so as to serve the purposes described 
in this section and in the Trust Fund provisions which the Tribe shall 
establish in consultation with the Secretary and the independent 
investment management firm.
    (C) Distributions from each Trust Fund shall not exceed the limits 
on the use of principal and income imposed by the applicable provisions 
of this Act for that particular Trust Fund.
    (D)(i) The Tribe's investment management plan shall not become 
effective until approved by the Secretary.
    (ii) Upon submission of the plan by the Tribe to the Secretary for 
approval, the Secretary shall have 45 days to approve or reject the 
plan. If the Secretary fails to approve or disapprove the plan within 
45 days, the plan shall be deemed to have been approved by the 
Secretary and shall become effective immediately.
    (iii) Secretarial approval of the plan shall not be unreasonably 
withheld and any secretarial rejection of the plan shall be accompanied 
by a detailed explanation setting forth the Secretary's reasons for 
rejecting the plan.
    (E) Until the selection of an established investment management 
firm of proven competence and experience, the Tribe shall rely on the 
management, investment, and administration of the Trust Funds by the 
Secretary pursuant to the provisions of this section.
    (c) Transfer of Trust Funds; Exculpation of Secretary.--Upon the 
Secretary's approval of the Tribe's investment management firm and an 
investment management plan, all funds previously deposited in trust 
funds held by the Secretary and all funds subsequently paid into the 
trust funds, which are chosen for outside management, shall be 
transferred to the accounts established by an investment management 
firm in accordance with the approved investment management plan. The 
Secretary shall be exculpated by the Tribe from liability for any loss 
of principal or interest resulting from investment decisions made by 
the investment management firm. Any Trust Fund transferred to an 
investment management firm shall be returned to the Secretary upon 
written request of the Tribe, and the Secretary shall manage such funds 
for the benefit of the Tribe.
    (d) Land Acquisition Trust.--(1) The Secretary shall establish and 
maintain a Catawba Land Acquisition Trust Fund, and until the Tribe 
engages an outside firm for investment management of this trust fund, 
the Secretary shall manage, invest, and administer this trust fund. The 
original principal amount of the Land Acquisition Trust Fund shall be 
determined by the Tribe in consultation with the Secretary.
    (2) The principal and income of the Land Acquisition Trust Fund may 
be used for the purchase and development of Reservation and non-
Reservation land pursuant to the Settlement Agreement, costs related to 
land acquisition, and costs of construction of infrastructure and 
development of the Reservation and non-Reservation land.
    (3)(A) Upon acquisition of the maximum amount of land allowed for 
expansion of the Reservation, or upon request of the Tribe and approval 
of the Secretary pursuant to the Secretarial approval provisions set 
forth in subsection (b)(5)(D) of this section, all or part of the 
balance of this trust fund may be merged into one or more of the 
Economic Development Trust Fund, the Education Trust Fund, or the 
Social Services and Elderly Assistance Trust Fund.
    (B) Alternatively, at the Tribe's election, the Land Acquisition 
Trust Fund may remain in existence after all the Reservation land is 
purchased in order to pay for the purchase of non-Reservation land.
    (4)(A) The Tribe may pledge or hypothecate the income and principal 
of the Land Acquisition Trust Fund to secure loans for the purchase of 
Reservation and non-Reservation lands.
    (B) Following the effective date of this Act and before the final 
annual disbursement is made as provided in section 5 of this Act, the 
Tribe may pledge or hypothecate up to 50 percent of the unpaid annual 
installments required to be paid to this Trust Fund, the Economic 
Development Trust Fund and the Social Services and Elderly Assistance 
Trust Fund by section 5 of this Act and by section 5 of the Settlement 
Agreement, to secure loans to finance the acquisition of Reservation or 
non-Reservation land or infrastructure improvements on such lands.
    (e) Economic Development Trust.--(1) The Secretary shall establish 
and maintain a Catawba Economic Development Trust Fund, and until the 
Tribe engages an outside firm for investment management of this Trust 
Fund, the Secretary shall manage, invest, and administer this Trust 
Fund. The original principal amount of the Economic Development Trust 
Fund shall be determined by the Tribe in consultation with the 
Secretary. The principal and income of this Trust Fund may be used to 
support tribal economic development activities, including but not 
limited to infrastructure improvements and tribal business ventures and 
commercial investments benefiting the Tribe.
    (2) The Tribe, in consultation with the Secretary, may pledge or 
hypothecate future income and up to 50 percent of the principal of this 
Trust Fund to secure loans for economic development. In defining the 
provisions for administration of this Trust Fund, and before pledging 
or hypothecating future income or principal, the Tribe and the 
Secretary shall agree on rules and standards for the invasion of 
principal and for repayment or restoration of principal, which shall 
encourage preservation of principal, and provide that, if feasible, a 
portion of all profits derived from activities funded by principal be 
applied to repayment of the Trust Fund.
    (3) Following the effective date of this Act and before the final 
annual disbursement is made as provided in section 5 of this Act, the 
Tribe may pledge or hypothecate up to 50 percent of the unpaid annual 
installments required to be paid by section 5 of this Act and by 
section 5 of the Settlement Agreement to secure loans to finance 
economic development activities of the Tribe, including (but not 
limited to) infrastructure improvements on Reservation and non-
Reservation lands.
    (4) If the Tribe develops sound lending guidelines approved by the 
Secretary, a portion of the income from this Trust Fund may also be 
used to fund a revolving credit account for loans to support tribal 
businesses or business enterprises of tribal members.
    (f) Education Trust.--The Secretary shall establish and maintain a 
Catawba Education Trust Fund, and until the Tribe engages an outside 
firm for investment management of this Trust Fund, the Secretary shall 
manage, invest, and administer this Trust Fund. The original principal 
amount of this Trust Fund shall be determined by the Tribe in 
consultation with the Secretary; subject to the requirement that upon 
completion of all payments into the Trust Funds, an amount equal to at 
least \1/3\ of all State, local, and private contributions made 
pursuant to the Settlement Agreement shall have been paid into the 
Education Trust Fund. Income from this Trust Fund shall be distributed 
in a manner consistent with the terms of the Settlement Agreement. The 
principal of this Trust Fund shall not be invaded or transferred to any 
other Trust Fund, nor shall it be pledged or encumbered as security.
    (g) Social Services and Elderly Assistance Trust.--(1) The 
Secretary shall establish and maintain a Catawba Social Services and 
Elderly Assistance Trust Fund and, until the Tribe engages an outside 
firm for investment management of this Trust Fund, the Secretary shall 
manage, invest, and administer the Social Services and Elderly 
Assistance Trust Fund. The original principal amount of this Trust Fund 
shall be determined by the Tribe in consultation with the Secretary.
    (2) The income of this Trust Fund shall be periodically distributed 
to the Tribe to support social services programs, including (but not 
limited to) housing, care of elderly, or physically or mentally 
disabled Members, child care, supplemental health care, education, 
cultural preservation, burial and cemetery maintenance, and operation 
of tribal government.
    (3) The Tribe, in consultation with the Secretary, shall establish 
eligibility criteria and procedures to carry out this subsection.
    (h) Per Capita Payment Trust Fund.--(1) The Secretary shall 
establish and maintain a Catawba Per Capita Payment Trust Fund in an 
amount equal to 15 percent of the settlement funds paid pursuant to 
section 5 of the Settlement Agreement. Until the Tribe engages an 
outside firm for investment management of this Trust Fund, the 
Secretary shall manage, invest, and administer the Catawba Per Capita 
Payment Trust Fund.
    (2) Each person (or their estate) whose name appears on the final 
base membership roll of the Tribe published by the Secretary pursuant 
to section 7(c) of this Act will receive a one-time, non-recurring 
payment from this Trust Fund.
    (3) The amount payable to each member shall be determined by 
dividing the trust principal and any accrued interest thereon by the 
number of Members on the final base membership roll.
    (4)(A) Subject to the provisions of this paragraph, each enrolled 
member who has reached the age of 21 years on the date the final roll 
is published shall receive the payment on the date of distribution, 
which shall be as soon as practicable after date of publication of the 
final base membership roll. Adult Members shall be paid their pro rata 
share of this Trust Fund on the date of distribution unless they elect 
in writing to leave their pro rata share in the Trust Fund, in which 
case such share shall not be distributed.
    (B) The pro rata share of adult Members who elect not to withdraw 
their payment from this Trust Fund shall be managed, invested and 
administered, together with the funds of Members who have not attained 
the age of 21 years on the date the final base membership roll is 
published, until such Member requests in writing that their pro rata 
share be distributed, at which time such Member's pro rata share shall 
be paid, together with the net income of the Trust Fund allocable to 
such Member's share as of the date of distribution.
    (C) No member may elect to have their pro rata share managed by 
this Trust Fund for a period of more than 21 years after the date of 
publication of the final base membership roll.
    (5)(A) Subject to the provisions of this paragraph, the pro rata 
share of any Member who has not attained the age of 21 years on the 
date the final base membership roll is published shall be managed, 
invested and administered pursuant to the provisions of this section 
until such Member has attained the age of 21 years, at which time such 
Member's pro rata share shall be paid, together with the net income of 
the Trust Fund allocable to such Member's share as of the date of 
payment. Such Members shall be paid their pro rata share of this Trust 
Fund on the date they attain 21 years of age unless they elect in 
writing to leave their pro rata share in the Trust Fund, in which case 
such share shall not be distributed.
    (B) The pro rata share of such Members who elect not to withdraw 
their payment from this trust fund shall be managed, invested and 
administered, together with the funds of members who have not attained 
the age of 21 years on the date the final base membership roll is 
published, until such Member requests in writing that their pro rata 
share be distributed, at which time such Member's pro rata share shall 
be paid, together with the net income of the Trust Fund allocable to 
such Member's share as of the date of distribution.
    (C) No Member may elect to have their pro rata share retained and 
managed by this Trust Fund beyond the expiration of the period of 21 
years after the date of publication of the final base membership roll.
    (6) After payments have been made to all Members entitled to 
receive payments, this Trust Fund shall terminate, and any balance 
remaining in this Trust Fund shall be merged into the Economic 
Development Trust Fund, the Education Trust Fund, or the Social 
Services and Elderly Assistance Trust Fund, as the Tribe may determine.
    (i) Duration of Trust Funds.--Subject to the provisions of this 
section and with the exception of the Catawba Per Capita Payment Trust 
Fund, the Trust Funds established in accordance with this section shall 
continue in existence so long as the Tribe exists and is recognized by 
the United States. The principal of these Trust Funds shall not be 
invaded or distributed except as expressly authorized in this Act or in 
the Settlement Agreement.
    (j) Transfer of Money Among Trust Funds.--The Tribe, in 
consultation with the Secretary, shall have the authority to transfer 
principal and accumulated income between Trust Funds only as follows:
            (1) Funds may be transferred among the Catawba Economic 
        Development Trust Fund, the Catawba Land Acquisition Trust Fund 
        and the Catawba Social Services and Elderly Assistance Trust 
        Fund, and from any of those three Trust Funds into the Catawba 
        Education Trust Fund; except, that the mandatory share of 
        State, local, and private sector funds invested in the original 
        corpus of the Catawba Education Trust Fund shall not be 
        transferred to any other Trust Fund.
            (2) Any Trust Fund, except for the Catawba Education Trust 
        Fund, may be dissolved by a vote of two-thirds of those Members 
        eligible to vote, and the assets in such Trust Fund shall be 
        transferred to the remaining Trust Funds; except, that (A) no 
        assets shall be transferred from any of the Trust Funds into 
        the Catawba Per Capita Payment Trust Fund, and (B) the 
        mandatory share of State, local and private funds invested in 
        the original corpus of the Catawba Education Trust Fund may not 
        be transferred or used for any non-educational purposes.
            (3) The dissolution of any Trust Fund shall require the 
        approval of the Secretary pursuant to the Secretarial approval 
        provisions set forth in subsection (b)(5)(D) of this section.
    (k) Trust Fund Accounting.--(1) The Secretary shall account to the 
Tribe periodically, and at least annually, for all Catawba Trust Funds 
being managed and administered by the Secretary. The accounting shall--
            (A) identify the assets in which the Trust Funds have been 
        invested during the relevant period;
            (B) report income earned during the period, distinguishing 
        current income and capital gains;
            (C) indicate dates and amounts of distributions to the 
        Tribe, separately distinguishing current income, accumulated 
        income, and distributions of principal; and
            (D) identify any invasions or repayments of principal 
        during the relevant period and record provisions the Tribe has 
        made for repayment or restoration of principal.
    (2)(A) Any outside investment management firm engaged by the Tribe 
shall account to the Tribe and separately to the Secretary at periodic 
intervals, at least quarterly. Its accounting shall--
            (i) identify the assets in which the Trust Funds have been 
        invested during the relevant period;
            (ii) report income earned during the period, separating 
        current income and capital gains;
            (iii) indicate dates and amounts of distributions to the 
        Tribe, distinguishing current income, accumulated income, and 
        distributions of principal; and
            (iv) identify any invasions or repayments of principal 
        during the relevant period and record provisions the Tribe has 
        made for repayment or restoration of principal.
    (B) Prior to distributing principal from any Trust Fund, the 
investment management firm shall notify the Secretary of the proposed 
distribution and the Tribe's proposed use of such funds, following 
procedures to be agreed upon by the investment management firm, the 
Secretary, and the Tribe. The Secretary shall have 15 days within which 
to object in writing to any such invasion of principal. Failure to 
object will be deemed approval of the distribution.
    (C) All Trust Funds held and managed by any investment management 
firm shall be audited annually by a certified public accounting firm 
approved by the Secretary, and a copy of the annual audit shall be 
submitted to the Tribe and to the Secretary within four months 
following the close of the Trust Funds's fiscal year.
    (l) Replacement of Investment Management Firm and Modification of 
Investment Management Plan.--The Tribe shall not replace the investment 
management firm approved by the Secretary without prior written 
notification to the Secretary and approval by the Secretary of any 
investment management firm chosen by the Tribe as a replacement. Such 
Secretarial approval shall be given or denied in accordance with the 
Secretarial approval provisions contained in subsection (b)(5)(D) of 
this section. The Tribe and its investment management firm shall also 
notify the Secretary in writing of any revisions in the investment 
management plan which materially increase investment risk or 
significantly change the investment management plan, or the agreement, 
made in consultation with the Secretary pursuant to which the outside 
management firm was retained.
    (m) Trust Funds Not Counted for Certain Purposes; Use as Matching 
Funds.--None of the funds, assets, income, payments, or distributions 
from the trust funds established pursuant to this section shall at any 
time affect the eligibility of the Tribe or its Members for, or be used 
as a basis for denying or reducing funds to the Tribe or its Members 
under any Federal, State, or local program. Distributions from these 
Trust Funds may be used as matching funds, where appropriate, for 
Federal grants or loans.

SEC. 12. 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 the date of the enactment of this 
Act, the Secretary, after consulting with the Tribe, shall ascertain 
the boundaries and area of the existing reservation. 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 shall be held 
in trust together with the Existing Reservation which the State is to 
convey to the United States.
    (7) Nothing in this Act 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 implementing legislation.
    (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 implementing legislation.
    (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) Conveyances by private land owners to the Secretary or to the 
Tribe for the Expanded Reservation will be deemed, however, to be 
involuntary conversions within the meaning of section 1033 of the 
Internal Revenue Code of 1986.
    (3) Notwithstanding any other provision of this section and the 
provisions of the first section of the Act of August 1, 1888 (ch. 728, 
25 Stat. 357; 40 U.S.C. 257), and the first section of the Act of 
February 26, 1931 (ch. 307, 46 Stat. 1421; 40 U.S.C. 258a), the 
Secretary or the Tribe may acquire a less than complete 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 Secretary for the Tribe or 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 States may 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 the first 
section of the Act of August 9, 1955 (ch. 615, 69 Stat. 539; 25 U.S.C. 
415) shall not apply to the Tribe and its Reservation. The Tribe, with 
the approval of the Secretary, shall be authorized to lease its 
Reservation lands for terms up to but not exceeding 99 years.
    (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.

SEC. 13. 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 the section 2116 of the Revised 
Statutes (25 U.S.C. 177).

SEC. 14. 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.

SEC. 15. GENERAL PROVISIONS.

    (a) Severability.--If any provision of section 4(a), 5, or 6 of 
this Act is rendered invalid by the final action of a court, then all 
of this Act is invalid. Should any other section of this Act be 
rendered invalid by the final action of a court, the remaining sections 
of this Act shall remain in full force and effect.
    (b) Interpretation Consistent With Settlement Agreement.--To the 
extent possible, this Act shall be construed in a manner consistent 
with the Settlement Agreement and the State Act. In the event of a 
conflict between the provisions of this Act and the Settlement 
Agreement or the State Act, the terms of this Act shall govern. In the 
event of a conflict between the State Act and the Settlement Agreement, 
the terms of the State Act shall govern. The Settlement Agreement and 
the State Act shall be maintained on file and available for public 
inspection at the Department of the Interior.
    (c) Impact of Subsequently Enacted Laws.--The provisions of any 
Federal law enacted after the date of enactment of this Act shall not 
apply in the State if such provision would materially affect or preempt 
the application of the laws of the State, including application of the 
laws of the State applicable to lands owned by or held in trust for 
Indians, or Indian Nations, Tribes or bands of Indians. However, such 
Federal law shall apply within the State if the State grants its 
approval by a law or joint resolution enacted by the General Assembly 
of South Carolina and signed by the Governor.
    (d) Eligibility for Consideration To Become an Enterprise Zone or 
General Purpose Foreign Trade Zone.--Notwithstanding the provisions of 
any other law or regulation, the Tribe shall be eligible to become, 
sponsor and operate (1) an ``enterprise zone'' pursuant to title VII of 
the Housing and Community Development Act of 1987 (42 U.S.C. 11501-
11505) or any other applicable Federal (or State) laws or regulations; 
or (2) a ``foreign-trade zone'' or ``subzone'' pursuant to the Foreign 
Trade Zones Act of 1934, as amended (19 U.S.C. 81a-81u) and the 
regulations thereunder, to the same extent as other federally 
recognized Indian Tribes.
    (e) General Applicability of State Law.--Consistent with the 
provisions of section 4(a)(2), the provisions of South Carolina Code 
Annotated, section 27-16-40, and section 19.1 of the Settlement 
Agreement are approved, ratified, and confirmed by the United States, 
and shall be complied with in the same manner and to the same extent as 
if they had been enacted into Federal law.
    (f) Subsequent Amendments to the Settlement Agreement or State 
Act.--Consent is hereby given to the Tribe and the State to amend the 
Settlement Agreement and the State Act if consent to such amendment is 
given by both the State and the Tribe, and if such amendment relates 
to--
            (1) the jurisdiction, enforcement, or application of civil, 
        criminal, regulatory, or tax laws of the Tribe and the State;
            (2) the allocation or determination of governmental 
        responsibility of the State and the Tribe over specified 
        subject matters or specified geographical areas, or both, 
        including provision for concurrent jurisdiction between the 
        State and the Tribe;
            (3) the allocation of jurisdiction between the tribal 
        courts and the State courts; or
            (4) technical and other corrections and revisions to 
        conform the State Act and the Agreement in Principle attached 
        to the State Act to the Settlement Agreement.

SEC. 16. TAX TREATMENT OF INCOME AND TRANSACTIONS.

    Notwithstanding any provision of the State Act, Settlement 
Agreement or this Act (including any amendment made under section 
15(f)) any income or transaction otherwise taxable shall remain taxable 
under the general principles of the Internal Revenue Code of 1986.

SEC. 17. EFFECTIVE DATE.

    Except for section 12, the provisions of this Act shall become 
effective upon the transfer of the Existing Reservation under section 
12 to the Secretary.

            Passed the Senate August 6 (legislative day, June 30), 
      1993.

            Attest:

                                                             Secretary.

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