H. R. 2399

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

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.

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(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, except as otherwise provided by this Act;

(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;

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(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.

(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 Act and printed in

the Congressional Record.

(11) The term ‘‘State’’ means, except for section 6 (a)

through (f), the State of South Carolina.

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(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 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 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 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.

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(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) 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.

(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 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 natu- ral 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

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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 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

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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 of this Act, 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.

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

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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 established under section 11(h).

(d) 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

final 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 bylaws, 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

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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 sub- sections (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 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.

(3) 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.

(4) 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

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exercise such authority as is consistent with the Settlement

Agreement and the State Act.

(5) In no event 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.

(6) 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.

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H. R. 2399—11

(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

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H. R. 2399—12

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.

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H. R. 2399—13

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, nonrecurring 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

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H. R. 2399—14

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

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H. R. 2399—15

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’ 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

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H. R. 2399—16

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.

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H. R. 2399—17

(6) All lands acquired for the Expanded Reservation may be

held in trust together with the Existing Reservation which the

State is to convey to the United States.

(7) Nothing in this 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 Act.

(d) NON-CONTIGUOUS TRACTS.—The Tribe, in consultation with

the Secretary, shall take such actions as are reasonable to expand

the Existing Reservation by assembling a composite tract of contiguous parcels that border and surround the Existing Reservation.

Before requesting that any non-contiguous tract be placed in Reservation status, the Tribe shall comply with section 14 of the

Settlement Agreement. Upon the approval of the Tribe’s application

under and in accordance with section 14 of the Settlement Agreement, the Secretary, in consultation with the Tribe, may proceed

to place non-contiguous tracts in Reservation status. No purchases

of non-contiguous tracts shall be made for the Reservation except

as set forth in the Settlement Agreement and the State Act. (e) VOLUNTARY LAND PURCHASES.—(1) The power of eminent

domain shall not be used by the Secretary or any governmental

authority in acquiring parcels of land for the benefit of the Tribe,

whether or not the parcels are to be part of the Reservation.

All such purchases shall be made only from willing sellers by

voluntary conveyances subject to the terms of the Settlement

Agreement. (2) Notwithstanding any other provision of this section and

the provisions of 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 fractional interest

in land otherwise qualifying under section 14 of the Settlement

Agreement for treatment as Reservation land for the benefit of

the Tribe from the ostensible owner of the land if the Secretary

or the Tribe and the ostensible owner have agreed upon the identity

of the land to be sold and upon the purchase price and other

terms of sale. If the ostensible owner agrees to the sale, the Secretary may use condemnation proceedings to perfect or clear title

and to acquire any interests of putative co-tenants whose address

is unknown or the interests of unknown or unborn heirs or persons

subject to mental disability.

(f) TERMS AND CONDITIONS OF ACQUISITION.—All properties

acquired by the Tribe shall be acquired subject to the terms and

conditions set forth in the Settlement Agreement. The Tribe and

the Secretary, acting on behalf of the Tribe and with its consent,

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H. R. 2399—18

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 shall

approve any deed or other instrument which conveys to the United

States lands purchased pursuant to the provisions of this section

and the Settlement Agreement. The Secretary or the Tribe may

erect permanent improvements of a substantial value, or any other

improvements authorized by law on such land after such land

is conveyed to the United States.

(h) EASEMENTS OVER RESERVATION.—(1) The acquisition of

lands for the Expanded Reservation shall not extinguish any easements or rights-of-way then encumbering such lands unless the

Secretary or the Tribe enters into a written agreement with the

owners terminating such easements or rights-of-way.

(2)(A) The Tribe, with the approval of the Secretary, shall

have the power to grant or convey easements and rights-of-way,

in a manner consistent with the Settlement Agreement.

(B) Unless the Tribe and the State agree upon a valuation

formula for pricing easements over the Reservation, the Secretary

shall be subject to proceedings for condemnation and eminent

domain to acquire easements and rights of way for public purposes

through the Reservation under the laws of the State in circumstances where no other reasonable access is available.

(C) With the approval of the Tribe, the Secretary may grant

easements or rights-of-way over the Reservation for private purposes, and implied easements of necessity shall apply to all lands

acquired by the Tribe, unless expressly excluded by the parties. (i) JURISDICTIONAL STATUS.—Only land made part of the Reservation shall be governed by the special jurisdictional provisions

set forth in the Settlement Agreement and the State Act. (j) SALE AND TRANSFER OF RESERVATION LANDS.—With the

approval of the Secretary, the Tribe may sell, exchange, or lease

lands within the Reservation, and sell timber or other natural

resources on the Reservation under circumstances and in the manner prescribed by the Settlement Agreement and the State Act. (k) TIME LIMIT ON ACQUISITIONS.—All acquisitions of contiguous

land to expand the Reservation or of non-contiguous lands to be

placed in Reservation status shall be completed or under contract

of purchase within 10 years from the date the last payment is

made into the Land Acquisition Trust; except that for a period

of 20 years after the date the last payment is made into the

Catawba Land Acquisition Trust Fund, the Tribe may, subject

to the limitation on the total size of the Reservation, continue

to add parcels to up to two Reservation areas so long as the

parcels acquired are contiguous to one of those two Reservation

areas.

(l) LEASES OF RESERVATION LANDS.—The provisions of 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 is authorized to lease its Reservation lands for terms up

to but not exceeding 99 years, with or without the approval of

the Secretary. With regard to any lease of Reservation lands not

approved by the Secretary, the Secretary shall be exculpated by

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H. R. 2399—19

the Tribe from any liability arising out of any loss incurred by

the Tribe as a result of the unapproved lease.

(m) NON-APPLICABILITY OF BIA LAND ACQUISITION REGULATIONS.—The general land acquisition regulations of the Bureau

of Indian Affairs, contained in part 151 of title 25, Code of Federal

Regulations, shall not apply to the acquisition of lands authorized

by this section.

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 nonReservation lands shall be governed by section 15 of the Settlement

Agreement.

(b) AUTHORITY TO DISPOSE OF LANDS.—Notwithstanding any

other provision of law, the Tribe may lease, sell, mortgage, restrict,

encumber, or otherwise dispose of such non-Reservation lands in

the same manner as other persons and entities under State law,

and the Tribe as land owner shall be subject to the same obligations

and responsibilities as other persons and entities under State, Federal, and local law.

(c) RESTRICTIONS.—Ownership and transfer of non-Reservation

parcels shall not be subject to Federal law restrictions on alienation,

including (but not limited to) the restrictions imposed by Federal

common law and the provisions of section 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

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H. R. 2399—20

be maintained on file and available for public inspection at the

Department of the Interior.

(c) LAWS AND REGULATIONS OF THE UNITED STATES.—The provisions of any Federal law enacted after the date of enactment of

this Act, for the benefit of Indians, Indian nations, tribes, or bands

of Indians, which would affect or preempt the application of the

laws of the State to lands owned by or held in trust for Indians,

or Indian nations, tribes, or bands of Indians, as provided in this

Act and the South Carolina State Implementing Act, shall not

apply within the State of South Carolina, unless such provision

of such subsequently enacted Federal law is specifcally made

applicable within the State of South Carolina.

(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, the Settlement

Agreement, or this Act (including any amendment made under

section 15(f)), nothing in this Act, the State Act, or the Settlement

Agreement—

(1) shall amend or alter the Internal Revenue Code of

1986, as amended, or any rules or regulations promulgated

thereunder, or

(2) shall affect the treatment under such Code of any

person or transaction other than by reason of the restoration

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H. R. 2399—21

of the trust relationship between the United States and the

Tribe.

SEC. 17. EFFECTIVE DATE.

Except for sections 7, 8, and 12, the provisions of this Act

shall become effective upon the transfer of the Existing Reservation

under section 12 to the Secretary.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

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