II

104TH CONGRESS

1ST SESSION S. 987

To provide for the full settlement of all claims of Swain County, North

Carolina, against the United States under the agreement dated July

30, 1943, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 29 (legislative day, JUNE 19), 1995

Mr. HELMS (for himself and Mr. FAIRCLOTH) introduced the following bill;

which was read twice and referred to the Committee on Energy and

Natural Resources

A BILL

To provide for the full settlement of all claims of Swain

County, North Carolina, against the United States under

the agreement dated July 30, 1943, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Swain County Settle5 ment Act of 1995’’.

6 SEC. 2. SETTLEMENT OF CLAIMS.

7 (a) FINDINGS.—Congress finds that—
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1 (1) Swain County, North Carolina, claims cer2 tain rights acquired pursuant to an agreement dated

3 July 30, 1943, between the Secretary of the Interior,

4 the State of North Carolina, the Tennessee Valley

5 Authority, and Swain County, North Carolina (re6 ferred to in this Act as the ‘‘1943 Agreement’’);

7 (2) the 1943 Agreement provided that the De8 partment of the Interior would construct a road

9 along the north shore of the Fontana Reservoir to

10 replace a road flooded by the construction of Fon11 tana Dam and the filling of the reservoir; and

12 (3) the road has not been completed.

13 (b) PURPOSE.—The purpose of this section is to set14 tle and quiet all claims arising out of the 1943 Agreement.

15 (c) SETTLEMENT.—

16 (1) COMPLETION OF ROAD.—Notwithstanding

17 any other provision of law, the Secretary of the Inte18 rior shall complete the road along the north shore of

19 the Fontana Reservoir according to the terms of the

20 1943 Agreement.

21 (2) PAYMENT TO SWAIN COUNTY.—

22 (A) IN GENERAL.—After completion of the

23 road under paragraph (1), the Secretary of the

24 Treasury shall pay Swain County, North Caro25 lina, the sum of $16,000,000, which shall be
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1 deposited in an account in accordance with the

2 rules and regulations established by the North

3 Carolina Local Government Commission.

4 (B) EXPENDITURE.—

5 (i) PRINCIPAL.—The principal of the

6 sum may be expended by Swain County

7 only under a resolution approved by an af8 firmative vote of two-thirds of the reg9 istered voters of the county.

10 (ii) INTEREST.—Interest earned on

11 the unexpended principal of the sum may

12 be expended only by a majority vote of the

13 duly elected governing commission of

14 Swain County.

15 (d) RESTRICTION ON USE OF FUNDS.—Money made

16 available pursuant to this section may not be paid to or

17 received by an agent or attorney on account of services

18 rendered in connection with the claims settled by this

19 section.

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated such sums as are nec22 essary to carry out this section.

23 SEC. 3. CHEROKEE HISTORICAL MARKER.

24 The Secretary of the Interior shall allocate the funds

25 and personnel necessary to place a suitable historical
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1 marker at or near the approach to the Cherokee Qualls

2 Reservation at Soco Gap, North Carolina, in recognition

3 of the historical importance of Soco Gap and the contribu4 tion of the Cherokee Nation to the State of North Carolina

5 and the United States.

Æ