I

103D CONGRESS

1ST SESSION H. R. 2399

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.

IN THE HOUSE OF REPRESENTATIVES

JUNE 10, 1993

Mr. DERRICK introduced the following bill; which was referred jointly to the

Committees on Natural Resources and Ways and Means

A BILL

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.

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 ‘‘Catawba Indian Tribe

5 of South Carolina Land Claims Settlement Act of 1993’’.
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1 SEC. 2. DECLARATION OF POLICY, CONGRESSIONAL FIND2 INGS AND PURPOSE.

3 (a) FINDINGS.—The Congress declares and finds

4 that:

5 (1) It is the policy of the United States to pro6 mote tribal self-determination and economic self-suf7 ficiency and to support the resolution of disputes

8 over historical claims through settlements mutually

9 agreed to by Indian and non-Indian parties.

10 (2) There is pending before the United States

11 District Court for the District of South Carolina a

12 lawsuit disputing ownership of approximately

13 140,000 acres of land in the State of South Carolina

14 and other rights of the Catawba Indian Tribe under

15 Federal law.

16 (3) The Catawba Indian Tribe has also initiated

17 a related lawsuit against the United States in the

18 United States Court of Federal Claims seeking mon19 etary damages.

20 (4) Some of the significant historical events

21 which have led to the present situation include:

22 (A) In treaties with the Crown in 1760

23 and 1763, the Tribe ceded vast portions of its

24 aboriginal territory in the present States of

25 North and South Carolina in return for guaran-
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1 tees of being quietly settled on a 144,000-acre

2 reservation.

3 (B) The Tribe’s district court suit con4 tended that in 1840 the Tribe and the State en5 tered into an agreement without Federal ap6 proval or participation whereby the Tribe ceded

7 its treaty reservation to the State, thereby giv8 ing rise to the Tribe’s claim that it was dispos9 sessed of its lands in violation of Federal law.

10 (C) In 1943, the United States entered

11 into an agreement with the Tribe and the State

12 to provide services to the Tribe and its mem13 bers. The State purchased 3,434 acres of land

14 and conveyed it to the Secretary in trust for the

15 Tribe and the Tribe organized under the Indian

16 Reorganization Act.

17 (D) In 1959, Congress enacted the Ca18 tawba Tribe of South Carolina Division of As19 sets Act, 25 U.S.C. 931–938. Federal agents

20 assured the Tribe that if the Tribe would re21 lease the Government from its obligation under

22 the 1943 agreement and agree to Federal legis23 lation terminating the Federal trust relation24 ship and liquidating the 1943 reservation, the
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1 status of the Tribe’s land claim would not be

2 jeopardized by termination.

3 (E) In 1980, the Tribe initiated Federal

4 court litigation to regain possession of its treaty

5 lands and in 1986, the United States Supreme

6 Court ruled in South Carolina against Catawba

7 Indian Tribe that the 1959 Act resulted in the

8 application of State statutes of limitations to

9 the Tribe’s land claim. Two subsequent deci10 sions of the United States Court of Appeals for

11 the Fourth Circuit have held that some portion

12 of the Tribe’s claim is bared by State statutes

13 of limitations and that some portion is not

14 barred.

15 (5) The pendency of these lawsuits has led to

16 substantial economic and social hardship for a large

17 number of landowners, citizens and communities in

18 the State of South Carolina, including the Catawba

19 Indian Tribe. Congress recognizes that if these

20 claims are not resolved, further litigation against

21 tens of thousands of landowners would be likely;

22 that any final resolution of pending disputes through

23 a process of litigation would take many years and

24 entail great expenses to all parties; continue eco25 nomically and socially damaging controversies; pro-
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1 long uncertainty as to the ownership of property;

2 and seriously impair long-term economic planning

3 and development for all parties.

4 (6) The 102d Congress has enacted legislation

5 suspending until October 1, 1993, the running of

6 any unexpired statute of limitation applicable to the

7 Tribe’s land claim in order to provide additional

8 time to negotiate settlement of these claims.

9 (7) It is recognized that both Indian and non10 Indian parties enter into this settlement to resolve

11 the disputes raised in these lawsuits and to derive

12 certain benefits. The parties’ Settlement Agreement

13 constitutes a good faith effort to resolve these law14 suits and other claims and requires implementing

15 legislation by the Congress of the United States, the

16 General Assembly of the State of South Carolina,

17 and the governing bodies of the South Carolina

18 counties of York and Lancaster.

19 (8) To advance the goals of the Federal policy

20 of Indian self-determination and restoration of ter21 minated Indian tribes, and in recognition of the

22 United States obligation to the Tribe and the Fed23 eral policy of settling historical Indian claims

24 through comprehensive settlement agreements, it is

25 appropriate that the United State participate in the
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1 funding and implementation of the Settlement

2 Agreement.

3 (b) PURPOSE.—It is the purpose of this Act—

4 (1) to approve, ratify, and confirm the Settle5 ment Agreement entered into by the non-Indian set6 tlement parties and the Tribe;

7 (2) to authorize and direct the Secretary to im8 plement the terms of such Settlement Agreement;

9 (3) to authorize the actions and appropriations

10 necessary to implement the provisions of the Settle11 ment Agreement and this Act;

12 (4) to remove the cloud on titles in the State

13 of South Carolina resulting from the Tribe’s land

14 claim; and

15 (5) to restore the trust relationship between the

16 Tribe and the United States.

17 SEC. 3. DEFINITIONS.

18 For purposes of this Act:

19 (1) The term ‘‘Tribe’’ means the Catawba In20 dian Tribe of South Carolina as constituted in ab21 original times, which was party to the Treaty of

22 Pine Tree Hill in 1760 as confirmed by the Treaty

23 of Augusta in 1763, which was party also to the

24 Treaty of Nation Ford in 1840, and which was the

25 subject of the Termination Act, and all predecessors
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1 and successors in interest, including the Catawba In2 dian Tribe of South Carolina, Inc.

3 (2) The term ‘‘claim’’ or ‘‘claims’’ means any

4 claim which was asserted by the Tribe in either Suit,

5 and any other claim which could have been asserted

6 by the Tribe or any Catawba Indian of a right, title

7 or interest in property, to trespass or property dam8 ages, or of hunting, fishing or other rights to natu9 ral resources, if such claim is based upon aboriginal

10 title, recognized title, or title by grant, patent, or

11 treaty including the Treaty of Pine Tree Hill of

12 1760, the Treaty of Augusta of 1763, or the Treaty

13 of Nation Ford of 1840.

14 (3) The term ‘‘Executive Committee’’ means

15 the body of the Tribe composed of the Tribe’s execu16 tive officers as selected by the Tribe in accordance

17 with its constitution.

18 (4) The term ‘‘Existing Reservation’’ means

19 that tract of approximately 630 acres conveyed to

20 the State in trust for the Tribe by J.M. Doby on

21 December 24, 1842, by deed recorded in York Coun22 ty Deed Book N, pp. 340–341.

23 (5) The term ‘‘General Council’’ means the

24 membership of the Tribe convened as the Tribe’s
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1 governing body for the purpose of conducting tribal

2 business pursuant to the Tribe’s constitution.

3 (6) The terms ‘‘internal matters’’ or ‘‘internal

4 tribal matters’’ mean matters which include (but are

5 not limited to) the relationship between the Tribe

6 and one or more of its Members, the conduct of trib7 al government over Members, and the Tribe’s exer8 cise of the power to exclude individuals from the

9 Reservation.

10 (7) The term ‘‘Member’’ means individuals who

11 are members of the Tribe as determined in accord12 ance with this Act.

13 (8) The term ‘‘Reservation’’ or ‘‘Expanded Res14 ervation’’ means the Existing Reservation and the

15 lands added to the Existing Reservation in accord16 ance with section 14 of this Act, which are to be

17 held in trust by the Secretary in accordance with

18 this Act.

19 (9) The term ‘‘Secretary’’ means the Secretary

20 of the Interior.

21 (10) The term ‘‘Settlement Agreement’’ means

22 the document entitled ‘‘Agreement in Principle ’’ be23 tween the Tribe and the State of South Carolina and

24 attached to the copy of the State implementing legis-
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1 lation and filed with the Secretary of State of the

2 State of South Carolina.

3 (11) The term ‘‘State’’ means, except for sec4 tions 6(a) through (f) and subsections (d)(2) and (h)

5 of section 18 of this Act, the State of South Caro6 lina.

7 (12) The term ‘‘Suit’’ or ‘‘Suits’’ means Ca8 tawba Indian Tribe of South Carolina v. State of

9 South Carolina, et al., docketed as Civil Action No.

10 80–2050 and filed in the United States District

11 Court for the District of South Carolina; and Ca12 tawba Indian Tribe of South Carolina v. The United

13 States of America, docketed as Civil Action No. 90–

14 553L and filed in the United States Court of Fed15 eral Claims.

16 (13) The term ‘‘Termination Act’’ means the

17 Act entitled ‘‘An Act to provide for the division of

18 the tribal assets of the Catawba Indian Tribe of

19 South Carolina among the members of the tribe and

20 for other purposes’’, approved September 21, 1959

21 (73 Stat. 592; 25 U.S.C. 931–938).

22 (14) The term ‘‘transfer’’ includes (but is not

23 limited to) any voluntary or involuntary sale, grant,

24 lease, allotment, partition, or other conveyance; any

25 transaction the purpose of which was to effect a
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1 sale, grant, lease, allotment, partition, or convey2 ance; and any act, event or circumstance that re3 sulted in a change in title to, possession of, domin4 ion over, or control of land, water, minerals, timber,

5 or other natural resources.

6 (15) The term ‘‘Trust Funds’’ means the trust

7 funds established by section 13 of this Act.

8 SEC. 4. RESTORATION OF FEDERAL TRUST RELATIONSHIP.

9 (a) RESTORATION OF THE FEDERAL TRUST RELA10 TIONSHIP.—On the effective date of this Act, the trust re11 lationship between the Tribe and the United States shall

12 be restored.

13 (b) ELIGIBILITY FOR FEDERAL BENEFITS AND

14 SERVICES.—Notwithstanding any other provision of law,

15 on the same date as the trust relationship is restored, the

16 Tribe and the Members shall be eligible for all benefits

17 and services furnished to federally recognized Indian

18 tribes and their members because of their status as Indi19 ans. On the effective date of this Act, the Secretary shall

20 enter the Tribe on the list of federally recognized bands

21 and tribes maintained by the Department of the Interior;

22 and its members shall be entitled to special services, edu23 cational benefits, medical care, and welfare assistance pro24 vided by the United States to Indians because of their sta25 tus as Indians, and the Tribe shall be entitled to the spe-
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1 cial services performed by the United States for tribes be2 cause of their status as Indian tribes.

3 (c) HEALTH CARDS.—In addition to any other enti4 tlement or eligibility the Tribe or Members may have be5 cause of their status as Indians, the Indian Health Service

6 shall issue health cards for use by any Member in a health

7 care facility of their choosing approved by the Indian

8 Health Service as to quality of care. Such health card shall

9 entitle the Member to the same level of care as is available

10 at any Indian health care facility or through contract

11 health care for Indians.

12 (d) REPEAL OF TERMINATION ACT.—The Termi13 nation Act is repealed, and the provisions of the Termi14 nation Act shall not apply to the Tribe or Members after

15 the effective date of this Act.

16 (e) EFFECT ON PROPERTY RIGHTS AND OTHER OB17 LIGATIONS.—Except as otherwise specifically provided in

18 this Act, this Act shall not affect any property right or

19 obligation or any contractual right or obligation in exist20 ence before the effective date of this Act, or any obligation

21 for taxes levied before that date.

22 (f) EXTENT OF JURISDICTION.—This Act shall not

23 be construed to empower the Tribe with special jurisdic24 tion or to deprive the State of jurisdiction other than as

25 expressly provided by this Act or by the State implement-
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1 ing legislation. The jurisdiction and governmental powers

2 of the Tribe shall be solely those set forth in this Act and

3 the State implementing legislation.

4 (g) IMPACT AID.—For purposes of the Act of Sep5 tember 30, 1950 (Public Law 874, 81st Congress; 20

6 U.S.C. 236 et seq.), if any property within the school dis7 trict of any local educational agency is occupied by any

8 part of the Expanded Reservation, such local educational

9 agency shall be considered to have fulfilled the require10 ments of section 2 of such Act and shall be eligible for

11 payments under section 3 of such Act.

12 SEC. 5. SETTLEMENT FUNDS.

13 (a) AUTHORIZATION FOR APPROPRIATION.—There is

14 hereby authorized to be appropriated $32,000,000 for the

15 Federal share which shall be deposited in the trust funds

16 established pursuant to section 13 of this Act or paid pur17 suant to section 6(g).

18 (b) DISBURSEMENT IN ACCORDANCE WITH SETTLE19 MENT AGREEMENT.—The Federal Funds appropriated

20 pursuant to this Act shall be disbursed in five equal an21 nual installments of $6,400,000 beginning in the fiscal

22 year following enactment of this Act. Funds transferred

23 to the Secretary from other sources shall be deposited in

24 the trust funds established pursuant to section 13 of this
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1 Act or paid pursuant to section 6(g) within 30 days of

2 receipt by the Secretary.

3 (c) PRIVATE FUNDS.—Any private payments made to

4 settle the claims may be treated, at the election of the

5 taxpayer, as either a payment in settlement of litigation

6 or a charitable contribution for Federal income tax pur7 poses.

8 (d) FEDERAL, STATE, LOCAL AND PRIVATE CON9 TRIBUTIONS HELD IN TRUST BY SECRETARY.—The Sec10 retary shall, on behalf of the Tribe, collect those contribu11 tions toward settlement appropriated or received by the

12 State pursuant to section 5.2 of the Settlement Agreement

13 and shall either hold such funds totalling $18,000,000, to14 gether with the Federal funds appropriated pursuant to

15 this Act, in trust for the Tribe pursuant to the provisions

16 of section 13 of this Act or pay such funds pursuant to

17 section 6(g) of this Act.

18 SEC. 6. RATIFICATION OF PRIOR TRANSFERS; EXTINGUISH19 MENT OF ABORIGINAL TITLE, RIGHTS AND

20 CLAIMS.

21 (a) RATIFICATION OF TRANSFERS.—Any transfer of

22 land or natural resources located anywhere within the

23 United States from, by, or on behalf of the Tribe, any

24 one or more of its Members, or anyone purporting to be

25 a Member, including but without limitation any transfer
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1 pursuant to any treaty, compact, or statute of any State,

2 shall be deemed to have been made in accordance with

3 the Constitution and all laws of the United States, and

4 Congress hereby does approve and ratify any such transfer

5 effective as of the date of said transfer. Nothing in this

6 section shall be construed to affect or eliminate the per7 sonal claim of any individual Member (except for any Fed8 eral common law fraud claim) which is pursued under any

9 law of general applicability that protects non-Indians as

10 well as Indians.

11 (b) ABORIGINAL TITLE.—To the extent that any

12 transfer of land or natural resources described in sub13 section (a) of this section may involve land or natural re14 sources to which the Tribe, any of its Members, or anyone

15 purporting to be a Member, or any other Indian, Indian

16 nation, or tribe or band of Indians had aboriginal title,

17 subsection (a) of this section shall be regarded as an extin18 guishment of aboriginal title as of the date of such trans19 fer.

20 (c) EXTINGUISHMENT OF CLAIMS.—By virtue of the

21 approval and ratification of any transfer of land or natural

22 resources effected by this section, or the extinguishment

23 of aboriginal title effected thereby, all claims against the

24 United States, any State or subdivision thereof, or any

25 other person or entity, by the Tribe, any of its Members,
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1 or anyone purporting to be a Member, or any predecessors

2 or successors in interest thereof or any other Indian, In3 dian Nation, or tribe or band of Indians, arising at the

4 time of or subsequent to the transfer and based on any

5 interest in or right involving such land or natural re6 sources, including without limitation claims for trespass

7 damages or claims for use and occupancy, shall be deemed

8 extinguished as of the date of the transfer.

9 (d) EXTINGUISHMENT OF TITLE.—(1) All claims and

10 all right, title, and interest that the Tribe, its Members,

11 or any person or group of persons purporting to be Ca12 tawba Indians may have to aboriginal title, recognized

13 title, or title by grant, patent, or treaty to the lands lo14 cated anywhere in the United States are hereby extin15 guished.

16 (2) This extinguishment of claims shall also extin17 guish title to any hunting, fishing, or water rights or

18 rights to any other natural resource claimed by the Tribe

19 or a Member based on aboriginal or treaty recognized title,

20 and all trespass damages and other damages associated

21 with use, occupancy or possession, or entry upon such

22 lands.

23 (e) BAR TO FUTURE CLAIMS.—The United States is

24 hereby barred from asserting by or on behalf of the Tribe

25 or any of its Members, or anyone purporting to be a Mem-
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1 ber, any claim arising before the date of enactment of this

2 Act from the transfer of any land or natural resources

3 by deed or other grant, or by treaty, compact, or act of

4 law, on the grounds that such transfer was not made in

5 accordance with the laws of South Carolina or the Con6 stitution or laws of the United States.

7 (f) NO DEROGATION OF FEE SIMPLE IN EXISTING

8 RESERVATION.—Nothing in this section shall be con9 strued to diminish or derogate from the fee simple estate

10 in the Existing Reservation or fee simple owned by mem11 bers.

12 (g) COSTS AND ATTORNEYS’ FEES.—The parties to

13 the Suits shall bear their own costs and attorneys’ fees

14 except that the Secretary shall approve and pay to the

15 Tribe’s attorneys in the Suits reasonable attorneys’ fees

16 and expenses not to exceed 10 percent of the $50,000,000

17 obligated for payment to the Tribe by Federal, State,

18 local, and private parties pursuant to section 5 of the Set19 tlement Agreement.

20 (h) PERSONAL CLAIMS NOT AFFECTED.—Nothing in

21 this section shall be deemed to affect, diminish, or elimi22 nate the personal claim of any individual Indian which is

23 pursued under any law of general applicability (other than

24 Federal common law fraud) that protects non-Indians as

25 well as Indians.
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1 SEC. 7. TRIBAL MEMBERSHIP.

2 (a) MEMBERSHIP CRITERIA.—A person shall be con3 sidered a member of the Tribe and his or her name shall

4 be carried on the membership roll if the person is living

5 on the date of enactment of this Act and—

6 (1) his or her name was listed on the member7 ship roll published by the Secretary in the Federal

8 Register on February 25, 1961 (26 Federal Register

9 1680–1688, ‘‘Notice of Final Membership Roll’’),

10 and he or she is not excluded under the provisions

11 of subsection (b); or

12 (2) The Executive Committee determines, based

13 on the criteria used to compile the roll referred to

14 in paragraph (1), that his or her name should have

15 been included on the membership roll at that time,

16 but was not; or

17 (3) he or she is a lineal descendant of a Mem18 ber whose name appeared or should have appeared

19 on the membership roll referred to in paragraph (1).

20 (b) REVISION OF MEMBERSHIP ROLL.—The Tribe

21 shall revise and update its membership roll to include

22 those persons eligible for membership under subsection (a)

23 and excluding any persons found to have been erroneously

24 listed.
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1 (c) FEDERAL REGISTER NOTICE.—As soon as prac2 ticable after the enactment of this Act, the Secretary shall

3 publish in the Federal Register a notice stating:

4 (1) That the rolls of the Tribe are open and will

5 remain open for a period of 90 days.

6 (2) The requirements for membership.

7 (3) The final membership roll as of September

8 21, 1959.

9 (4) The updated membership roll as prepared

10 by the Executive Committee and approved by the

11 General Council.

12 (5) The name and address of the tribal or Fed13 eral official to whom inquiries should be made.

14 (d) FINALIZING MEMBERSHIP ROLL.—Within 120

15 days after publication of notice under subsection (c), the

16 Secretary, after consultation with the Tribe, shall prepare

17 and publish in the Federal Register a proposed final roll

18 of the Tribe’s membership. Within 60 days from the date

19 of publication of the proposed final roll, an appeal may

20 be filed with the Executive Committee under rules made

21 by the Executive Committee in consultation with the Sec22 retary. Such an appeal may be filed by a Member with

23 respect to the inclusion of any name on the proposed mem24 bership roll and by any person with respect to the exclu25 sion of his or her name from the membership roll. The
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1 Executive Committee shall review such appeals and render

2 a decision, subject to the Secretary’s approval. If the Ex3 ecutive Committee and the Secretary disagree, the Sec4 retary’s decision will be final. All such appeals shall be

5 resolved within 90 days following publication of the pro6 posed roll. The final membership roll of the Tribe shall

7 then be published in the Federal Register and shall be

8 final for purposes of the distribution of funds from the

9 Per Capita Trust Fund.

10 (e) FUTURE MEMBERSHIP IN THE TRIBE.—The

11 Tribe shall have the right to determine future membership

12 in the Tribe; however, in no event may an individual be

13 added to the final membership roll which is compiled in

14 accordance with subsection (d) unless an individual is a

15 lineal descendant of a person on such final membership

16 roll.

17 SEC. 8. TRANSITIONAL AND PROVISIONAL GOVERNMENT.

18 (a) FUTURE TRIBAL GOVERNMENT.—The Tribe

19 shall adopt a new constitution within 24 months after en20 actment of this Act.

21 (b) EXECUTIVE COMMITTEE AS TRANSITIONAL

22 BODY.—(1) Until the Tribe has adopted a constitution,

23 the existing tribal constitution shall remain in effect and

24 the Executive Committee is recognized as the provisional

25 and transitional governing body of the Tribe. For a period
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1 not to exceed 24 months from the date of enactment of

2 this Act, the Executive Committee shall—

3 (A) represent the Tribe and its Members in the

4 implementation of this Act; and

5 (B) during such period—

6 (i) have full authority to enter into con7 tracts, grant agreements and other arrange8 ments with any Federal department or agency;

9 and

10 (ii) have full authority to administer or op11 erate any program under such contracts or

12 agreements.

13 (2) Until the initial election of tribal officers under

14 a new constitution and by-laws, the Executive Committee

15 shall—

16 (A) determine tribal membership in accordance

17 with the provisions of section 7; and

18 (B) oversee and implement the revision and

19 proposal to the Tribe of a new constitution and con20 duct such tribal meetings and elections as required

21 by this Act.

22 SEC. 9. TRIBAL CONSTITUTION AND GOVERNANCE.

23 (a) INDIAN REORGANIZATION ACT.—If the Tribe so

24 elects, it may organize under the Act of June 18, 1934

25 (25 U.S.C. 461 et seq.; commonly referred to as the ‘‘In-
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1 dian Reorganization Act’’). The Tribe shall be subject to

2 such Act except to the extent such sections are inconsist3 ent with this Act.

4 (b) ADOPTION OF NEW TRIBAL CONSTITUTION.—

5 Within 180 days after the enactment of this Act, the Exec6 utive Committee shall draft and distribute to each Member

7 eligible to vote under the Tribal constitution in effect on

8 the date of enactment of this Act, a proposed constitution

9 and bylaws for the Tribe together with a brief, impartial

10 description of the proposed constitution and bylaws and

11 a notice of the date, time and location of the election under

12 this subsection. Not sooner than 30 days or later than 90

13 days after the distribution of the proposed constitution,

14 the Executive Committee shall conduct a secret-ballot elec15 tion to adopt a new constitution and bylaws.

16 (c) MAJORITY VOTE FOR ADOPTION; PROCEDURE IN

17 EVENT OF FAILURE TO ADOPT PROPOSED CONSTITU18 TION.—(1) The tribal constitution and bylaws shall be

19 ratified and adopted if—

20 (A) not less than 30 percent of those entitled

21 to vote do vote; and

22 (B) approved by a majority of those actually

23 voting.

24 (2) If in any such election such majority does not ap25 prove the adoption of the proposed constitution and by-
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1 laws, the Executive Committee shall prepare another pro2 posed constitution and bylaws and present it to the Tribe

3 in the same manner provided in this section for the first

4 constitution and bylaws. Such new proposed constitution

5 and bylaws shall be distributed to the eligible voters of

6 the Tribe no later than 180 days after the date of the

7 election in which the first proposed constitution and by8 laws failed of adoption. An election on the question of the

9 adoption of the new proposal of the Executive Committee

10 shall be conducted in the same manner provided in sub11 section (b) for the election on the first proposed constitu12 tion and bylaws.

13 (d) ELECTION OF TRIBAL OFFICERS.—Within 120

14 days after the Tribe ratifies and adopts a constitution and

15 bylaws, the Executive Committee shall conduct an election

16 by secret ballot for the purpose of electing tribal officials

17 as provided in the constitution and bylaws. Subsequent

18 elections shall be held in accordance with the Tribe’s con19 stitution and bylaws.

20 (e) EXTENSION OF TIME.—Any time periods pre21 scribed in subsections (b) and (c) may be altered by writ22 ten agreement between the Executive Committee and the

23 Secretary.
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1 SEC. 10. JURISDICTION AND GOVERNANCE OF THE RES2 ERVATION.

3 (a) POWERS OF TRIBE.—(1) Regardless of whether

4 the Tribe elects to organize under the Act of June 18,

5 1934, under section 9(a), in any constitution adopted by

6 the Tribe, the Tribe may be authorized to exercise author7 ity as consistent with the Settlement Agreement and this

8 Act—

9 (A) to regulate the use and disposition of tribal

10 property;

11 (B) to define laws, petty crimes, and rules of

12 conduct applicable to Members while on the Reserva13 tion, supplementing but not supplanting the criminal

14 laws of the State;

15 (C) to regulate the conduct of businesses lo16 cated on the Reservation and individuals residing on

17 the Reservation;

18 (D) to levy taxes on Members and levy other

19 taxes as provided by this Act and by the Settlement

20 Agreement;

21 (E) to grant exemptions, abatements, or waiv22 ers from any tribal laws, tribal regulations, or tribal

23 taxes, except the Tribal Sales and Use Taxes, other24 wise applicable on the Reservation, including waivers

25 of the jurisdiction of any tribal court;

26 (F) to adopt its own form of government;
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1 (G) to determine membership as provided by

2 this Act;

3 (H) to exclude non-members from its member4 ship rolls and from the Reservation, except for—

5 (i) any public roads traversing the Res6 ervation;

7 (ii) passage on and use of the Catawba

8 River;

9 (iii) public or private easements encumber10 ing the Reservation properly used by those with

11 authority to use such easements;

12 (iv) Federal, State and local governmental

13 officials and employees duly performing official

14 governmental functions on the Reservation; and

15 (v) any other access to the Reservation al16 lowed by Federal law; and

17 (I) to charter tribally-owned economic develop18 ment corporations and enterprises provided the cor19 porations or enterprises register with the Secretary

20 of State for South Carolina as a domestic or foreign

21 corporation when doing business off the Reservation.

22 (2) Except as otherwise provided in this Act and in

23 the Settlement Agreement, the Tribe shall exercise full au24 thority over internal matters.
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1 (b) INDIAN CIVIL RIGHTS ACT.—The Tribe shall be

2 subject to titles II through VII of Public Law 90–284,

3 as amended (25 U.S.C. 1301 et seq.; commonly referred

4 to as the ‘‘Indian Civil Rights Act’’) which shall apply to

5 the Reservation, any tribal court, and anyone subject to

6 the jurisdiction of the Tribe.

7 SEC. 11. CRIMINAL JURISDICTION.

8 (a) CRIMINAL JURISDICTION GENERALLY.—Except

9 as provided in subsection (b), the State shall exercise ex10 clusive jurisdiction over all crimes under the statutory or

11 common law of the State of South Carolina.

12 (b) CRIMINAL JURISDICTION OF TRIBAL COURT.—

13 (1) Any constitution adopted by the Tribe may provide

14 for a tribal court with original and appellate criminal ju15 risdiction, subject to the following limitations:

16 (A) The territorial jurisdiction of the court shall

17 be limited to the Reservation.

18 (B) The jurisdiction of the court over persons

19 shall be limited to Members.

20 (C) The subject matter jurisdiction of the court

21 shall be limited to crimes within the jurisdiction of

22 the State’s Magistrates’ Courts and to any addi23 tional misdemeanors and petty offenses specified in

24 the ordinances or laws adopted by the Tribe.
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1 (D) The fines and penalties for such mis2 demeanors and offenses shall not exceed the maxi3 mum fines and penalties that a State magistrate’s

4 court may impose.

5 (2) In all cases in which the tribal court has jurisdic6 tion over State law—

7 (A) its jurisdiction shall be concurrent with the

8 jurisdiction of the Magistrates’ Court of the State;

9 and

10 (B) defendants shall have the right to remove

11 such cases to the Magistrates’ Court or appeal their

12 convictions in tribal court cases to the General Ses13 sions Court, in the same manner that Magistrates’

14 Court’s decisions may be appealed, or in accordance

15 with such procedures as the South Carolina General

16 Assembly may provide.

17 (3) In cases where the tribal court is applying those

18 additional ordinances or laws adopted by the Tribe in ac19 cordance with this subsection, it shall have exclusive juris20 diction.

21 (c) PEACE OFFICERS.—For the purpose of enforcing

22 the Tribe’s powers under sections 10(a), 11, and 17 of

23 this Act, the Tribe may employ peace officers. The employ24 ment and authority of peace officers shall be in the man-
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•HR 2399 IH

1 ner prescribed in the Settlement Agreement and the State

2 implementing legislation.

3 SEC. 12. CIVIL JURISDICTION OF TRIBAL COURT.

4 (a) JURISDICTION AS PRESCRIBED BY THIS ACT.—

5 (1) The Tribe may provide in its constitution for a Tribal

6 Court having civil jurisdiction which may extend up to,

7 but not exceed, the extent provided by this Act. The Tribe

8 may have a court of original jurisdiction, as well as an

9 appellate court.

10 (2)(A) With respect to actions on contracts, the Trib11 al Court may be vested with jurisdiction over the following:

12 (i) An action on a contract to which the Tribe

13 or a Member is a party, which expressly provides in

14 writing that the Tribal Court has concurrent or ex15 clusive jurisdiction.

16 (ii) An action on a contract between the Tribe

17 or a Member and other parties or agents thereof

18 who are physically present on the Reservation when

19 the contract is made, which is to be performed in

20 part on the Reservation so long as the contract does

21 not expressly exclude jurisdiction of the Tribal

22 Court.

23 (iii) An action on a contract to which the Tribe

24 or a member of the Tribe is a party where more

25 than 50 percent of the services to be rendered are
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1 performed on the Reservation so long as the contract

2 does not expressly exclude jurisdiction of the Tribal

3 Court.

4 (B) For purposes of this paragraph, the delivery of

5 goods or the solicitation of business on the Reservation

6 shall not constitute part performance sufficient to confer

7 jurisdiction.

8 (3) With respect to actions in tort, the Tribal Court

9 may be vested with jurisdiction over the following:

10 (A) An action arising out of an intentional tort,

11 as defined by South Carolina law, committed on the

12 Reservation in which recovery is sought for bodily

13 injuries and/or damages to tangible property located

14 on the Reservation.

15 (B) An action arising out of negligent tortious

16 conduct occurring on the Reservation or conduct oc17 curring on the Reservation for which strict liability

18 may be imposed, excluding, however, accidents oc19 curring within the right-of-way limits of any high20 way, road, or other public easement owned or main21 tained by the State or any of its subdivisions, or by

22 the United States, which abuts or crosses the Res23 ervation. Any such action in tort involving a non24 member of the Tribe as defendant may be removed

25 to a State or Federal court of appropriate jurisdic-
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•HR 2399 IH

1 tion if the amount in controversy exceeds the juris2 dictional limits then applicable to Magistrate’s

3 Courts in the State of South Carolina.

4 (4) The Tribal Court may be vested with exclusive

5 jurisdiction over internal matters of the Tribe.

6 (5) The Tribal Court may be vested with jurisdiction

7 over domestic relations where both spouses to the mar8 riage are Members and both reside on the Reservation or

9 last resided together on the Reservation before the separa10 tion leading to their divorce.

11 (6) The Tribal Court may be vested with jurisdiction

12 to enforce against any business located on the Reserva13 tion, and any Member or non-Member residing on the Res14 ervation, any tribal civil regulation regulating conduct on

15 the Reservation enacted pursuant to section 10(a) or 17

16 of this Act. Such persons or entities are charged with no17 tice of the Tribe’s regulations governing conduct on the

18 Reservation and are subject to the enforcement of such

19 regulations in the tribal court unless the Tribe has specifi20 cally exempted the entity or person from any or all regula21 tion and enforcement in tribal court.

22 (b) CONCURRENT JURISDICTION.—(1) The original

23 jurisdiction of the Tribal Court over matters set forth in

24 paragraphs (2) (if concurrent), (3), and (5) of subsection

25 (a) shall be concurrent with the jurisdiction of the Court
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1 of Common Pleas of South Carolina, the Family Court,

2 and United States District Court for South Carolina

3 where permitted by title 28 of the United States Code.

4 (2) The original jurisdiction of the Tribal Court over

5 the matters set forth in paragraph (2)(A) of subsection

6 (a) shall be concurrent or exclusive depending upon the

7 agreement of the parties.

8 (3) The original jurisdiction of the Tribal Court over

9 matters set forth in paragraph (4) of subsection (a) shall

10 be exclusive.

11 (4) The original jurisdiction of the Tribal Court over

12 matters set forth in paragraph (6) of subsection (a) shall

13 be exclusive unless the Tribe has waived such exclusive

14 jurisdiction as to any person or entity.

15 (5) As to all paragraphs in subsection (a) referred

16 to in this subsection, jurisdiction over appeals, if any, is

17 governed by subsection (d).

18 (c) WAIVER OF JURISDICTION.—The Tribe may

19 waive Tribal Court jurisdiction or the application of tribal

20 laws with respect to any person or firm residing, doing

21 business, or otherwise entering upon the Reservation or

22 contracting with the Tribe. Any Member may also waive

23 Tribal Court jurisdiction or specify in a written contract

24 the law of any appropriate jurisdiction to govern any com-
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•HR 2399 IH

1 mercial transaction or the interpretation of a contract to

2 which the Member is a party.

3 (d) APPEALS TO STATE OR FEDERAL COURT.—(1)

4 All final judgments entered in actions tried in Tribal

5 Court shall be subject to an appeal to the Family Court,

6 the Court of Common Pleas, or the United States District

7 Court depending upon whether that court would have had

8 jurisdiction over the appealed matter had it been com9 menced in that court if—

10 (A) a party to the suit is not a member of the

11 Tribe;

12 (B) the amount in controversy or the cost of

13 complying with any equitable order or decree exceeds

14 the jurisdictional limits then applicable in the Mag15 istrate’s Court of South Carolina; and

16 (C) the subject matter of the suit does not fall

17 within the provisions of subsection (a)(2)(A)(i) if ju18 risdiction is exclusive, or subsection (a)(4) or (6).

19 (2) The Tribe may enlarge the right of appeal to in20 clude other subject matters and Members, subject to such

21 rules and procedures as the applicable court and relevant

22 State and Federal laws may provide.

23 (3) In any appeal under this subsection, the court,

24 as appropriate, may—

25 (A) enter judgment affirming the Tribal Court;
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•HR 2399 IH

1 (B) dismiss the case for lack of jurisdiction of

2 the Tribal Court, but only in those cases where the

3 Tribal Court has first addressed the issue of its ju4 risdiction;

5 (C) reverse or remand the case for retrial or re6 consideration in Tribal Court; or

7 (D) grant a trial de novo in its court.

8 (4) In any appeal, trial, or trial de novo pursuant

9 to this subsection, the reviewing court shall apply any reg10 ulation enacted pursuant to tribal authority.

11 (e) FULL FAITH AND CREDIT.—(1) In cases subject

12 to the provisions of subsection (a)(3) or (d), all final judg13 ments of the Tribal Court shall be given full faith and

14 credit in the State or Federal court with appropriate juris15 diction, and the Tribal Court shall give full faith and cred16 it to final judgments of the State and Federal courts.

17 (2) If a Member seeks to enforce against a non-Mem18 ber in Federal court a final judgment of the Tribal Court

19 in a case not subject to the provisions of subsection (a)(3)

20 or (d), the judgment shall be reviewed by the Federal

21 court in the manner provided in title 9, United States

22 Code.

23 (f) SOVEREIGN IMMUNITY.—(1) The Tribe may sue,

24 or be sued, in any court of competent jurisdiction; except,

25 however, that the Tribe shall enjoy sovereign immunity,
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•HR 2399 IH

1 including damage limits and except as provided in this

2 subsection, immunity from seizure, execution, or encum3 brance of properties, to the same extent as the political

4 subdivisions of the State as provided in the South Carolina

5 Tort Claims Act (Section 15–78–10, et seq., S.C. Code

6 Annotated, 1976 as amended), and amendments of gen7 eral applicability thereto adopted after the date of enact8 ment of this Act. With respect to non-consumer liability

9 based on contract, however, the Tribe may, in a written

10 contract, provide that it is immune from suit on that con11 tract as if there had been no waiver of sovereign immunity.

12 (2) Notwithstanding the provisions of this section,

13 the Tribe shall be subject to suit as provided in section

14 17(a) of this Act.

15 (3) The nature and extent of this sovereign immunity

16 shall be construed consistent with the Settlement Agree17 ment and with applicable State and Federal law.

18 (4)(A) The Tribe shall procure and maintain liability

19 insurance with the same coverage and limits as required

20 of political subdivisions of the State.

21 (B) In the event that the Tribe’s insurance coverage

22 is inadequate or unavailable to satisfy a judgment within

23 the limits of the South Carolina Tort Claims Act, neither

24 the judgment nor any other process may be levied upon

25 the corpus or principal of the Tribal Trust Funds or upon
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•HR 2399 IH

1 any property held in trust for the Tribe by the United

2 States; however, the Tribe or the Secretary shall honor

3 valid orders of a Federal or State court which enters

4 money judgments for causes of action against the Tribe

5 arising after the consummation of the Settlement Agree6 ment by making an assignment to the judgment creditor

7 of the right to receive income out of the next quarterly

8 payment or payments of income from the Tribal Trust

9 Funds.

10 (g) INDIAN CHILD WELFARE ACT.—(1) The Indian

11 Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.) shall

12 apply to Catawba Indian children except as provided in

13 this section.

14 (2) Before the Tribe may assume jurisdiction over In15 dian child custody proceedings under the Indian Child

16 Welfare Act of 1978, the Tribe shall present to the Sec17 retary for approval a petition to assume such jurisdiction,

18 and the Secretary shall approve the petition in the manner

19 prescribed in such Act. Any petition to assume jurisdiction

20 over Indian child custody proceedings by the Tribe shall

21 be considered and determined by the Secretary in accord22 ance with the relevant provisions of such Act. The Sec23 retary’s determination that the Tribe may assume juris24 diction under such Act shall not affect any action or pro25 ceeding over which a court has assumed jurisdiction.
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•HR 2399 IH

1 (3) Until the Tribe has assumed jurisdiction over In2 dian child custody proceedings, the State shall retain ex3 clusive jurisdiction over Indian custody proceedings; how4 ever, the State Court shall apply the Indian Child Welfare

5 Act of 1978 in such proceedings.

6 (4)(A) The Indian Child Welfare Act of 1978 shall

7 not apply to private adoptions of Indian children under

8 the jurisdiction of the Tribe under such Act where—

9 (i) both parents consent to the adoption; or

10 (ii) in the case of an unwed mother—

11 (I) where the mother consents to the adop12 tion when the father’s consent is not necessary

13 for the adoption under South Carolina Law

14 Section 20–7–1690 and any amendments there15 to, and

16 (II) the parents or mother help choose

17 adoptive parents, regardless of whether or not

18 the adoptive parents are outside the preferences

19 of the Indian Child Welfare Act of 1978.

20 (B) The court may consider any benefits, material

21 and cultural, the child may lose in determining whether

22 the proposed adoption is in the best interests of the child.

23 Failure of the courts to make this consideration shall not

24 be subsequently held to invalidate the adoption.
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1 (5) In all cases of adoption, regardless of whether the

2 Indian Child Welfare Act of 1978 applies, section 107 of

3 such Act (25 U.S.C. 1917) shall apply.

4 (h) JURISDICTION OF STATE COURTS.—If no Tribal

5 Court is established by the Tribe, the State shall exercise

6 jurisdiction over all civil and criminal cases arising out of

7 acts and transactions occurring on the Reservation or in8 volving Members. If the Tribe establishes a Tribal Court,

9 the provisions of subsection (b) and section 11(b) shall

10 govern whether such jurisdiction is exclusive or concur11 rent.

12 SEC. 13. TRIBAL TRUST FUNDS.

13 (a) PURPOSES OF TRUST FUNDS.—All funds paid

14 pursuant to section 5 of this Act shall be deposited with

15 the Secretary in trust for the benefit of the Tribe. Sepa16 rate trust funds shall be established for the following pur17 poses: Economic Development, Land Acquisition, Edu18 cation, Social Services and Elderly Assistance, and Per19 Capita Payments. Except as provided in this section, the

20 Tribe, in consultation with the Secretary, shall determine

21 the share of settlement payments to be deposited in each

22 Trust Fund, and define, consistently with the provisions

23 of this section, the purposes of each Trust Fund and pro24 visions for administering each, specifically including provi-
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•HR 2399 IH

1 sions for periodic distribution of current and accumulated

2 income, and for invasion and restoration of principal.

3 (b) OUTSIDE MANAGEMENT OPTION.—(1) The

4 Tribe, in consultation with and subject to the approval of

5 the Secretary, is authorized to place any of the Trust

6 Funds under professional management, outside the De7 partment of the Interior.

8 (2) If the Tribe elects to place any of the Trust

9 Funds under professional management outside the De10 partment of the Interior, it may engage a consulting or

11 advisory firm to assist in the selection of an independent

12 professional investment management firm, and it shall en13 gage, with the approval of the Secretary, an independent

14 investment management firm of proven competence and

15 experience established in the business of counseling large

16 endowments, trusts, or pension funds.

17 (3) The Secretary shall have 45 days to approve or

18 reject any independent investment management firm se19 lected by the Tribe. If the Secretary fails to approve or

20 reject the firm selected by the Tribe within 45 days, the

21 investment management firm selected by the Tribe shall

22 be deemed to have been approved by the Secretary.

23 (4) Secretarial approval of an investment manage24 ment firm shall not be unreasonably withheld, and any

25 Secretarial disapproval of an investment management firm
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•HR 2399 IH

1 shall be accompanied by a detailed explanation setting

2 forth the Secretary’s reasons for such disapproval.

3 (5)(A) For funds placed under professional manage4 ment, the Tribe, in consultation with the Secretary and

5 its investment manager, shall develop—

6 (i) current operating and long-term capital

7 budgets; and

8 (ii) a plan for managing, investing, and distrib9 uting income and principal from the Trust Funds to

10 match the requirements of the Tribe’s operating and

11 capital budgets.

12 (B) For each Trust Fund which the Tribe elects to

13 place under outside professional management, the invest14 ment plan shall provide for investment of Trust Fund as15 sets so as to serve the purposes described in this section

16 and in the Trust Fund provisions which the Tribe shall

17 establish in consultation with the Secretary and the inde18 pendent investment management firm.

19 (C) Distributions from each Trust Fund shall not ex20 ceed the limits on the use of principal and income imposed

21 by the applicable provisions of this Act for that particular

22 Trust Fund.

23 (D)(i) The Tribe’s investment management plan shall

24 not become effective until approved by the Secretary.
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•HR 2399 IH

1 (ii) Upon submission of the plan by the Tribe to the

2 Secretary for approval, the Secretary shall have 45 days

3 to approve or reject the plan. If the Secretary fails to ap4 prove or disapprove the plan within 45 days, the plan shall

5 be deemed to have been approved by the Secretary and

6 shall become effective immediately.

7 (iii) Secretarial approval of the plan shall not be un8 reasonably withheld and any secretarial rejection of the

9 plan shall be accompanied by a detailed explanation set10 ting forth the Secretary’s reasons for rejecting the plan.

11 (E) Until the selection of an established investment

12 management firm of proven competence and experience,

13 the Tribe shall rely on the management, investment, and

14 administration of the Trust Funds by the Secretary pursu15 ant to the provisions of this section.

16 (c) TRANSFER OF TRUST FUNDS; EXCULPATION OF

17 SECRETARY.—Upon the Secretary’s approval of the

18 Tribe’s investment management firm and an investment

19 management plan, all funds previously deposited in trust

20 funds held by the Secretary and all funds subsequently

21 paid into the trust funds, which are chosen for outside

22 management, shall be transferred to the accounts estab23 lished by an investment management firm in accordance

24 with the approved investment management plan. The Sec25 retary shall be exculpated by the Tribe from liability for
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1 any loss of principal or interest resulting from investment

2 decisions made by the investment management firm. Any

3 Trust Fund transferred to an investment management

4 firm shall be returned to the Secretary upon written re5 quest of the Tribe, and the Secretary shall manage such

6 funds for the benefit of the Tribe.

7 (d) LAND ACQUISITION TRUST.—(1) The Secretary

8 shall establish and maintain a Catawba Land Acquisition

9 Trust Fund, and until the Tribe engages an outside firm

10 for investment management of this trust fund, the Sec11 retary shall manage, invest, and administer this trust

12 fund. The original principal amount of the Land Acquisi13 tion Trust Fund shall be determined by the Tribe in con14 sultation with the Secretary.

15 (2) The principal and income of the Land Acquisition

16 Trust Fund may be used for the purchase and develop17 ment of Reservation and non-Reservation land pursuant

18 to the Settlement Agreement, costs related to land acquisi19 tion, and costs of construction of infrastructure and devel20 opment of the Reservation and non-Reservation land.

21 (3)(A) Upon acquisition of the maximum amount of

22 land allowed for expansion of the Reservation, or upon re23 quest of the Tribe and approval of the Secretary pursuant

24 to the Secretarial approval provisions set forth in sub25 section (b)(5)(D) of this section, all or part of the balance
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1 of this trust fund may be merged into one or more of the

2 Economic Development Trust Fund, the Education Trust

3 Fund, or the Social Services and Elderly Assistance Trust

4 Fund.

5 (B) Alternatively, at the Tribe’s election, the Land

6 Acquisition Trust Fund may remain in existence after all

7 the Reservation land is purchased in order to pay for the

8 purchase of non-Reservation land.

9 (4)(A) The Tribe may pledge or hypothecate the in10 come and principal of the Land Acquisition Trust Fund

11 to secure loans for the purchase of Reservation and non12 Reservation lands.

13 (B) Following enactment of this Act and before the

14 final annual disbursement is made as provided in section

15 5 of this Act, the Tribe may pledge or hypothecate up to

16 50 percent of the unpaid annual installments required to

17 be paid to this Trust Fund, the Economic Development

18 Trust Fund and the Social Services and Elderly Assist19 ance Trust Fund by section 5 of this Act and by section

20 5 of the Settlement Agreement, to secure loans to finance

21 the acquisition of Reservation or non-Reservation land or

22 infrastructure improvements on such lands.

23 (e) ECONOMIC DEVELOPMENT TRUST.—(1) The Sec24 retary shall establish and maintain a Catawba Economic

25 Development Trust Fund, and until the Tribe engages an
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1 outside firm for investment management of this Trust

2 Fund, the Secretary shall manage, invest, and administer

3 this Trust Fund. The original principal amount of the

4 Economic Development Trust Fund shall be determined

5 by the Tribe in consultation with the Secretary. The prin6 cipal and income of this Trust Fund may be used to sup7 port tribal economic development activities, including but

8 not limited to infrastructure improvements and tribal

9 business ventures and commercial investments benefiting

10 the Tribe.

11 (2) The Tribe, in consultation with the Secretary,

12 may pledge or hypothecate future income and up to 50

13 percent of the principal of this Trust Fund to secure loans

14 for economic development. In defining the provisions for

15 administration of this Trust Fund, and before pledging

16 or hypothecating future income or principal, the Tribe and

17 the Secretary shall agree on rules and standards for the

18 invasion of principal and for repayment or restoration of

19 principal, which shall encourage preservation of principal,

20 and provide that, if feasible, a portion of all profits derived

21 from activities funded by principal be applied to repay22 ment of the Trust Fund.

23 (3) Following the enactment of this Act and before

24 the final annual disbursement is made as provided in sec25 tion 5 of this Act, the Tribe may pledge or hypothecate
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•HR 2399 IH

1 up to 50 percent of the unpaid annual installments re2 quired to be paid by section 5 of this Act and by section

3 5 of the Settlement Agreement to secure loans to finance

4 economic development activities of the Tribe, including

5 (but not limited to) infrastructure improvements on Res6 ervation and non-Reservation lands.

7 (4) If the Tribe develops sound lending guidelines ap8 proved by the Secretary, a portion of the income from this

9 Trust Fund may also be used to fund a revolving credit

10 account for loans to support tribal businesses or business

11 enterprises of tribal members.

12 (f) EDUCATION TRUST.—The Secretary shall estab13 lish and maintain a Catawba Education Trust Fund, and

14 until the Tribe engages an outside firm for investment

15 management of this Trust Fund, the Secretary shall man16 age, invest, and administer this Trust Fund. The original

17 principal amount of this Trust Fund shall be determined

18 by the Tribe in consultation with the Secretary; subject

19 to the requirement that upon completion of all payments

into the Trust Funds, an amount equal to at least 1 20 ⁄3 of

21 all State, local, and private contributions made pursuant

22 to the Settlement Agreement shall have been paid into the

23 Education Trust Fund. Income from this Trust Fund

24 shall be distributed in a manner consistent with the terms

25 of the Settlement Agreement. The principal of this Trust
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•HR 2399 IH

1 Fund shall not be invaded or transferred to any other

2 Trust Fund, nor shall it be pledged or encumbered as se3 curity.

4 (g) SOCIAL SERVICES AND ELDERLY ASSISTANCE

5 TRUST.—(1) The Secretary shall establish and maintain

6 a Catawba Social Services and Elderly Assistance Trust

7 Fund and, until the Tribe engages an outside firm for in8 vestment management of this Trust Fund, the Secretary

9 shall manage, invest, and administer the Social Services

10 and Elderly Assistance Trust Fund. The original principal

11 amount of this Trust Fund shall be determined by the

12 Tribe in consultation with the Secretary.

13 (2) The income of this Trust Fund shall be periodi14 cally distributed to the Tribe to support social services

15 programs, including (but not limited to) housing, care of

16 elderly, or physically or mentally disabled Members, child

17 care, supplemental health care, education, cultural preser18 vation, burial and cemetery maintenance, and operation

19 of tribal government.

20 (3) The Tribe, in consultation with the Secretary,

21 shall establish eligibility criteria and procedures to carry

22 out this subsection.

23 (h) PER CAPITA PAYMENT TRUST FUND.—(1) The

24 Secretary shall establish and maintain a Catawba Per

25 Capita Payment Trust Fund in an amount equal to 15
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1 percent of the settlement funds paid pursuant to section

2 5 of the Settlement Agreement. Until the Tribe engages

3 an outside firm for investment management of this Trust

4 Fund, the Secretary shall manage, invest, and administer

5 the Catawba Per Capita Payment Trust Fund.

6 (2) Each person whose name appears on the final roll

7 of the Tribe published by the Secretary pursuant to sec8 tion 7(c) of this Act will receive a one-time, non-recurring

9 payment from this Trust Fund.

10 (3) The amount payable to each member shall be de11 termined by dividing the trust principal and any accrued

12 interest thereon by the number of members on the final

13 roll.

14 (4)(A) Subject to the provisions of this paragraph,

15 each enrolled member who has reached the age of 21 years

16 on the date the final roll is published shall receive the pay17 ment on the date of distribution, which shall be as soon

18 as practicable after date of publication of the final roll.

19 Adult Members shall be paid their pro rata share of this

20 Trust Fund on the date of distribution unless they elect

21 in writing to leave their pro rata share in the Trust Fund,

22 in which case such share shall not be distributed.

23 (B) The pro rata share of adult Members who elect

24 not to withdraw their payment from this Trust Fund shall

25 be managed, invested and administered, together with the
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•HR 2399 IH

1 funds of Members who have not attained the age of 21

2 years on the date the final roll is published, until such

3 Member requests in writing that their pro rata share be

4 distributed, at which time such Member’s pro rata share

5 shall be paid, together with the net income of the Trust

6 Fund allocable to such Member’s share as of the date of

7 distribution.

8 (C) No member may elect to have their pro rata share

9 managed by this Trust Fund for a period of more than

10 21 years after the date of publication of the final roll.

11 (5)(A) Subject to the provisions of this paragraph,

12 the pro rata share of any Member who has not attained

13 the age of 21 years on the date the final roll is published

14 shall be managed, invested and administered pursuant to

15 the provisions of this section until such Member has at16 tained the age of 21 years, at which time such Member’s

17 pro rata share shall be paid, together with the net income

18 of the Trust Fund allocable to such Member’s share as

19 of the date of payment. Such Members shall be paid their

20 pro rata share of this Trust Fund on the date they attain

21 21 years of age unless they elect in writing to leave their

22 pro rata share in the Trust Fund, in which case such

23 share shall not be distributed.

24 (B) The pro rata share of such Members who elect

25 not to withdraw their payment from this trust fund shall
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•HR 2399 IH

1 be managed, invested and administered, together with the

2 funds of members who have not attained the age of 21

3 years on the date the final roll is published, until such

4 Member requests in writing that their pro rata share be

5 distributed, at which time such Member’s pro rata share

6 shall be paid, together with the net income of the Trust

7 Fund allocable to such Member’s share as of the date of

8 distribution.

9 (C) No Member may elect to have their pro rata

10 share retained and managed by this Trust Fund beyond

11 the expiration of the period of 21 years after the date of

12 publication of the final roll.

13 (6) After payments have been made to all Members

14 entitled to receive payments, this Trust Fund shall termi15 nate, and any balance remaining in this Trust Fund shall

16 be merged into the Economic Development Trust Fund,

17 the Education Trust Fund, or the Social Services and El18 derly Assistance Trust Fund, as the Tribe may determine.

19 (i) DURATION OF TRUST FUNDS.—Subject to the

20 provisions of this section and with the exception of the

21 Catawba Per Capita Payment Trust Fund, the Trust

22 Funds established in accordance with this section shall

23 continue in existence so long as the Tribe exists and is

24 recognized by the United States. The principal of these

25 Trust Funds shall not be invaded or distributed except
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1 as expressly authorized in this Act or in the Settlement

2 Agreement.

3 (j) TRANSFER OF MONEY AMONG TRUST FUNDS.—

4 The Tribe, in consultation with the Secretary, shall have

5 the authority to transfer principal and accumulated in6 come between Trust Funds only as follows:

7 (1) Funds may be transferred among the Ca8 tawba Economic Development Trust Fund, the Ca9 tawba Land Acquisition Trust Fund and the Ca10 tawba Social Services and Elderly Assistance Trust

11 Fund, and from any of those three Trust Funds into

12 the Catawba Education Trust Fund; except, that the

13 mandatory share of State, local, and private sector

14 funds invested in the original corpus of the Catawba

15 Education Trust Fund shall not be transferred to

16 any other Trust Fund.

17 (2) Any Trust Fund, except for the Catawba

18 Education Trust Fund, may be dissolved by a vote

19 of two-thirds of those Members eligible to vote, and

20 the assets in such Trust Fund shall be transferred

21 to the remaining Trust Funds; except, that (A) no

22 assets shall be transferred from any of the Trust

23 Funds into the Catawba Per Capita Payment Trust

24 Fund, and (B) the mandatory share of State, local

25 and private funds invested in the original corpus of
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•HR 2399 IH

1 the Catawba Education Trust Fund may not be

2 transferred or used for any non-educational pur3 poses.

4 (3) The dissolution of any Trust Fund shall re5 quire the approval of the Secretary pursuant to the

6 Secretarial approval provisions set forth in sub7 section (b)(5)(D) of this section.

8 (k) TRUST FUND ACCOUNTING.—(1) The Secretary

9 shall account to the Tribe periodically, and at least annu10 ally, for all Catawba Trust Funds being managed and ad11 ministered by the Secretary. The accounting shall—

12 (A) identify the assets in which the Trust

13 Funds have been invested during the relevant period;

14 (B) report income earned during the period,

15 distinguishing current income and capital gains;

16 (C) indicate dates and amounts of distributions

17 to the Tribe, separately distinguishing current in18 come, accumulated income, and distributions of prin19 cipal; and

20 (D) identify any invasions or repayments of

21 principal during the relevant period and record pro22 visions the Tribe has made for repayment or restora23 tion of principal.

24 (2)(A) Any outside investment management firm en25 gaged by the Tribe shall account to the Tribe and sepa-
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1 rately to the Secretary at periodic intervals, at least quar2 terly. Its accounting shall—

3 (i) identify the assets in which the Trust Funds

4 have been invested during the relevant period;

5 (ii) report income earned during the period,

6 separating current income and capital gains;

7 (iii) indicate dates and amounts of distributions

8 to the Tribe, distinguishing current income, accumu9 lated income, and distributions of principal; and

10 (iv) identify any invasions or repayments of

11 principal during the relevant period and record pro12 visions the Tribe has made for repayment or restora13 tion of principal.

14 (B) Prior to distributing principal from any Trust

15 Fund, the investment management firm shall notify the

16 Secretary of the proposed distribution and the Tribe’s pro17 posed use of such funds, following procedures to be agreed

18 upon by the investment management firm, the Secretary,

19 and the Tribe. The Secretary shall have 15 days within

20 which to object in writing to any such invasion of prin21 cipal. Failure to object will be deemed approval of the dis22 tribution.

23 (C) All Trust Funds held and managed by any invest24 ment management firm shall be audited annually by a cer25 tified public accounting firm approved by the Secretary,
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1 and a copy of the annual audit shall be submitted to the

2 Tribe and to the Secretary within four months following

3 the close of the Trust Funds’s fiscal year.

4 (l) REPLACEMENT OF INVESTMENT MANAGEMENT

5 FIRM AND MODIFICATION OF INVESTMENT MANAGEMENT

6 PLAN.—The Tribe shall not replace the investment man7 agement firm approved by the Secretary without prior

8 written notification to the Secretary and approval by the

9 Secretary of any investment management firm chosen by

10 the Tribe as a replacement. Such Secretarial approval

11 shall be given or denied in accordance with the Secretarial

12 approval provisions contained in subsection (b)(5)(D) of

13 this section. The Tribe and its investment management

14 firm shall also notify the Secretary in writing of any revi15 sions in the investment management plan which materially

16 increase investment risk or significantly change the invest17 ment management plan, or the agreement, made in con18 sultation with the Secretary pursuant to which the outside

19 management firm was retained.

20 (m) TRUST FUNDS NOT COUNTED FOR CERTAIN

21 PURPOSES; USE AS MATCHING FUNDS.—None of the

22 funds, assets, income, payments, or distributions from the

23 trust funds established pursuant to this section (except

24 funds distributed from the Catawba Per Capita Trust

25 Fund) shall at any time affect the eligibility of the Tribe
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1 or its Members for, or be used as a basis for denying or

2 reducing funds to the Tribe or its Members under any

3 Federal, State, or local program. Distributions from these

4 Trust Funds may be used as matching funds, where ap5 propriate, for Federal grants or loans.

6 SEC. 14. ESTABLISHMENT OF EXPANDED RESERVATION.

7 (a) EXISTING RESERVATION.—The State, after ob8 taining any necessary judicial approval, shall convey the

9 Existing Reservation to the United States as trustee for

10 the Tribe, and the obligation of the State as trustee for

11 the Tribe with respect to this land shall cease.

12 (b) EXPANDED RESERVATION.—(1) The Secretary,

13 in consultation with the Tribe, shall develop an Expanded

14 Reservation in the manner prescribed by the Settlement

15 Agreement.

16 (2) The Secretary, after consulting with the Tribe,

17 shall engage a professional land planning firm and a reg18 istered land surveyor as provided in the Settlement Agree19 ment. The Secretary will bear the cost of all services ren20 dered by the surveyor and the planning firm.

21 (3) After the effective date of this Act, the Secretary,

22 in consultation with the Tribe, may identify, purchase, and

23 place in Reservation status tracts of lands in the manner

24 prescribed by the Settlement Agreement.
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1 (4) The Secretary shall bear the cost of all title ex2 aminations, preliminary subsurface soil investigations, and

3 level one environmental audits to be performed on each

4 parcel contemplated for purchase for the Expanded Res5 ervation, and shall report the results to the Tribe. Pay6 ment of any option fee and the purchase price shall be

7 drawn from the Catawba Land Acquisition Trust Fund.

8 (5) The total area of the Expanded Reservation shall

9 be limited to 3,000 acres, including the Existing Reserva10 tion, but the Tribe may exclude from this limit up to 600

11 acres of additional land under the conditions set forth in

12 the Settlement Agreement. The Tribe may seek to have

13 the permissible area of the Expanded Reservation en14 larged by an additional 600 acres as set forth in the Set15 tlement Agreement.

16 (6) All lands acquired by the Secretary for the Ex17 panded Reservation will be held in trust together with the

18 Existing Reservation which the State is to convey to the

19 United States.

20 (c) EXPANSION ZONES.—(1) Subject to the condi21 tions, criteria, and procedures set forth in the Settlement

22 Agreement, the Secretary and the Tribe shall endeavor at

23 the outset to acquire contiguous tracts for the Expanded

24 Reservation in the ‘‘Catawba Reservation Primary Expan25 sion Zone’’, as defined in the Settlement Agreement.
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1 (2) Subject to the conditions, criteria, and procedures

2 set forth in the Settlement Agreement, the Secretary, in

3 consultation with the Tribe, may elect to purchase contig4 uous tracts in an alternative area, the ‘‘Catawba Reserva5 tion Secondary Expansion Zone’’, as defined in the Settle6 ment Agreement.

7 (3) The Tribe may propose different or additional ex8 pansion zones subject to the approval of the Secretary and

9 to the additional authorizations required in the Settlement

10 Agreement and the State implementing legislation.

11 (d) NON-CONTIGUOUS TRACTS.—The Secretary, act12 ing on behalf of the Tribe, shall take such actions as are

13 reasonable to expand the Existing Reservation by assem14 bling a composite tract of contiguous parcels that border

15 and surround the Existing Reservation. Before placing

16 any non-contiguous tract in Reservation status, the Tribe,

17 in consultation with the Secretary, shall submit to the

18 county council in any county where it proposes to purchase

19 such non-contiguous tracts a Non-Contiguous Develop20 ment Plan Application, as provided by the Settlement

21 Agreement and the State implementing legislation. Upon

22 the approval of any such application by each affected

23 county council, the Secretary, in consultation with the

24 Tribe, may proceed to place non-contiguous tracts in Res25 ervation status. No purchases of non-contiguous tracts
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1 shall be made for the Reservation except as set forth in

2 the Settlement Agreement and the State implementing

3 legislation.

4 (e) VOLUNTARY LAND PURCHASES.—(1) The power

5 of eminent domain shall not be used by the Secretary or

6 any governmental authority in acquiring parcels of land

7 for the benefit of the Tribe, whether or not the parcels

8 are to be part of the Reservation. All such purchases shall

9 be made only from willing sellers by voluntary conveyances

10 subject to the terms of the Settlement Agreement.

11 (2) Conveyances by private land owners to the Sec12 retary for the Expanded Reservation will be deemed, how13 ever, to be involuntary conversions within the meaning of

14 section 1033 of the Internal Revenue Code of 1986.

15 (3) Notwithstanding any other provision of this sec16 tion and the provisions of the first section of the Act of

17 August 1, 1888 (ch. 728, 25 Stat. 357; 40 U.S.C. 257),

18 and the first section of the Act of February 26, 1931 (ch.

19 307, 46 Stat. 1421; 40 U.S.C. 258a), the Secretary may

20 acquire Reservation land for the benefit of the Tribe from

21 the ostensible owner of the land if the Secretary and the

22 ostensible owner have agreed upon the identity of the land

23 to be sold and upon the purchase price and other terms

24 of sale. If the ostensible owner agrees to the sale, the Sec25 retary may use condemnation proceedings to perfect or
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1 clear title and to acquire any interests of putative co-ten2 ants whose address is unknown or the interests of un3 known or unborn heirs or persons subject to mental dis4 ability.

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

6 properties acquired by the Secretary for the Tribe shall

7 be acquired in fee simple subject to the terms and condi8 tions set forth in the Settlement Agreement. The Sec9 retary, acting on behalf of the Tribe and with its consent,

10 is also authorized to acquire Reservation and non-Reserva11 tion lands using the methods of financing described in the

12 Settlement Agreement.

13 (g) AUTHORITY TO ERECT PERMANENT IMPROVE14 MENTS ON EXISTING AND EXPANDED RESERVATION

15 LAND AND NON-RESERVATION LAND HELD IN TRUST.—

16 Notwithstanding any other provision of law or regulation,

17 the Attorney General of the United States shall approve

18 any deed or other instrument which conveys to the United

19 States lands purchased pursuant to the provisions of this

20 section and the Settlement Agreement. The Secretary or

21 the Tribe may erect permanent improvements of a sub22 stantial value, or any other improvements authorized by

23 law on such land after such land is conveyed to the United

24 States.
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1 (h) EASEMENTS OVER RESERVATION.—(1) The ac2 quisition of lands for the Expanded Reservation shall not

3 extinguish any easements or rights-of-way then encumber4 ing such lands unless the Secretary or the Tribe enters

5 into a written agreement with the owners terminating such

6 easements or rights-of-way.

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

8 shall have the power to grant or convey easements and

9 rights-of-way, in a manner consistent with the Settlement

10 Agreement.

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

12 valuation formula for pricing easements over the Reserva13 tion, the Secretary shall be subject to proceedings for con14 demnation and eminent domain to acquire easements and

15 rights of way for public purposes through the Reservation

16 under the laws of the State in circumstances where no

17 other reasonable access is available.

18 (C) With the approval of the Tribe, the Secretary

19 may also grant easements or rights-of-way over the Res20 ervation for private purposes, and implied easements of

21 necessity shall apply to all lands acquired by the Tribe,

22 unless expressly excluded by the parties.

23 (i) JURISDICTIONAL STATUS.—Only land made part

24 of the Reservation shall be governed by the special juris-
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1 dictional provisions set forth in this Act and the Settle2 ment Agreement.

3 (j) SALE AND TRANSFER OF RESERVATION

4 LANDS.—At the request of the Tribe, and with approval

5 of the Secretary, the Secretary may sell, exchange, or lease

6 lands within the Reservation, and sell timber or other nat7 ural resources on the Reservation under circumstances

8 and in the manner prescribed by the Settlement Agree9 ment.

10 (k) TIME LIMIT ON ACQUISITIONS.—All acquisitions

11 of contiguous land to expand the Reservation or of non12 contiguous lands to be placed in Reservation status shall

13 be completed or under contract of purchase within 10

14 years from the date the last payment is made into the

15 Land Acquisition Trust; except that for a period of 20

16 years after the date the last payment is made into the

17 Catawba Land Acquisition Trust Fund, the Tribe may,

18 subject to the limitation on the total size of the Reserva19 tion, continue to add parcels to up to two Reservation

20 areas so long as the parcels acquired are contiguous to

21 one of those two Reservation areas.

22 (l) LEASES OF RESERVATION LANDS.—The provi23 sions of the first section of the Act of August 9, 1955

24 (ch. 615, 69 Stat. 539; 25 U.S.C. 415) shall not apply

25 to the Tribe and its Reservation. The Tribe shall be au-
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1 thorized to lease its Reservation lands for terms up to but

2 not exceeding 99 years.

3 (m) NON-APPLICABILITY OF BIA LAND ACQUISITION

4 REGULATIONS.—The general land acquisition regulations

5 of the Bureau of Indian Affairs, contained in part 151

6 of title 25, Code of Federal Regulations, shall not apply

7 to the acquisition of lands authorized by this section.

8 SEC. 15. NON-RESERVATION PROPERTIES.

9 (a) ACQUISITION OF NON-RESERVATION PROP10 ERTIES.—(1) The Tribe may draw upon the corpus or ac11 cumulated income of the Catawba Land Acquisition Trust

12 Fund or the Catawba Economic Development Trust Fund

13 to acquire and hold parcels of real estate outside the Res14 ervation for the purposes and in the manner delineated

15 in the Settlement Agreement.

16 (2) If the ownership of any such properties by the

17 Secretary or the Tribe, or any sub-entity of the Tribe, re18 sults in the removal of the property from ad valorem tax19 ation, then payments shall be made by the Tribe in lieu

20 of taxation that are equivalent to the taxes that would oth21 erwise be paid if the property were subject to levy.

22 (3) Notwithstanding any other provision of law, the

23 Tribe may lease, sell, mortgage, restrict, encumber, or oth24 erwise dispose of such non-Reservation lands in the same

25 manner as other persons and entities under State law, and
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1 the Tribe as land owner shall be subject to the same obli2 gations and responsibilities as other persons and entities

3 under State, Federal, and local law.

4 (4) Ownership and transfer of non-Reservation par5 cels shall not be subject to Federal law restrictions on

6 alienation, including (but not limited to) the restrictions

7 imposed by Federal common law and the provisions of the

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

9 (b) JURISDICTION ON NON-RESERVATION PROP10 ERTIES.—(1) All non-Reservation properties, including

11 such properties held by the Tribe as a corporate entity

12 and such properties held in trust by the United States,

13 and all activities conducted on such properties, shall be

14 subject to the laws, ordinances, taxes, and regulations of

15 the State and its political subdivisions in the same manner

16 as such laws, ordinances, taxes, and regulations would

17 apply to any other properties held by non-Indians in the

18 same jurisdiction, except as provided in section 16 of this

19 Act.

20 (2) Activities on non-Reservation land shall be eligible

21 for Federal grants and other Federal services for the bene22 fit of Indians.
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1 SEC. 16. GAMES OF CHANCE.

2 (a) INAPPLICABILITY OF INDIAN GAMING REGU3 LATORY ACT.—The Indian Gaming Regulatory Act (25

4 U.S.C. 2701 et seq.) shall not apply to the Tribe.

5 (b) GAMES OF CHANCE GENERALLY.—The Tribe

6 shall have the rights and responsibilities set forth in the

7 Settlement Agreement and the State implementing legisla8 tion with respect to the conduct of games of chance. Ex9 cept as specifically set forth in the Settlement Agreement,

10 the State implementing legislation, and this Act, all laws,

11 ordinances, and regulations of the State, and its political

12 subdivisions, shall govern the regulation of gambling de13 vices and the conduct of gambling or wagering by the

14 Tribe on and off the Reservation.

15 SEC. 17. GOVERNANCE AND REGULATION OF RESERVA16 TION.

17 (a) ENVIRONMENTAL LAWS.—(1) All Federal, State,

18 and local environmental laws and regulations shall apply

19 to the Tribe and to the Reservation, and shall be fully

20 enforceable by all Federal, State, and local agencies and

21 authorities. Similarly, all requirements that a license, per22 mit, or certificate be obtained from any Federal, State,

23 or local agency shall also apply to the Tribe and to the

24 Reservation. This provision shall extend without limitation

25 to all environmental laws and regulations adopted after

26 the date of enactment of this Act.
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1 (2) The Tribe, the Executive Committee, and all

2 Members shall have the same—and no special or pref3 erential—status under all such laws as other individuals

4 or groups of individuals to contest, object to, or intervene

5 in any proceeding or action in which environmental regula6 tions are being made, adjudicated, or enforced, or in which

7 licenses, permits, or certificates of convenience and neces8 sity are being issued by any agency of Federal, State, or

9 local government.

10 (3) The Tribe shall have the authority to impose reg11 ulations applying higher environmental standards to the

12 Reservation than those imposed by Federal or State law

13 or by local governing bodies; but such tribal regulations

14 shall apply only to the Reservation, and not to property

15 surrounding the Reservation or non-Reservation property,

16 or to the use of the Catawba River. Such tribal regulations

17 shall not apply to activities or uses off the Reservation,

18 even if those activities affect air quality on the Reserva19 tion.

20 (4) The Tribe shall not be authorized to invoke sov21 ereign immunity against any suit, proceeding, or environ22 mental enforcement action involving any Federal, State,

23 or local environmental laws or regulations, and shall be

24 subject to all enforcement orders, restraining orders, fees,
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1 fines, injunctions, judgments, and other corrective or re2 medial measures imposed by such laws.

3 (5) This section shall not impose different standards

4 or requirements on the Tribe or the Secretary, when act5 ing on the Tribe’s behalf, than would be applied to a pri6 vate corporation.

7 (b) BUILDING CODE.—The Tribe shall incorporate by

8 reference and adopt the York County Building Code, and

9 any amendments thereto adopted after the date of enact10 ment of this Act, and may contract with York County,

11 South Carolina, for the services necessary to enforce, in12 spect, and regulate compliance with its Building Code.

13 Such services shall be provided by York County as pro14 vided in the Settlement Agreement. In addition, those

15 local jurisdictions which exact any fee, permit, or inspec16 tion services shall waive the fees otherwise charged for

17 building permit or inspection services on the Reservation.

18 The Tribe may adopt building code provisions to be ap19 plied on the Reservation in addition to, but not in deroga20 tion of, the York County Building Code, as amended from

21 time to time.

22 (c) PLANNING AND ZONING.—With respect to any

23 land use regulation within the Reservation, the Tribe shall

24 have the power to adopt and enforce a land use plan after

25 consultation with York County and Lancaster County, for
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1 those parts of the Reservation located in those respective

2 jurisdictions. The Tribe and the affected governing bodies

3 shall follow the consultative procedures created for settle4 ment of the claim of the Puyallup Tribe in the State of

5 Washington, as set out in House Report 101–57, pages

6 161–64, of the 101st Congress. In determining whether

7 to permit the construction of any buildings or improve8 ments on the Reservation, the Tribe shall consider—

9 (1) the protection of established or planned res10 idential areas from any use or development that

11 would adversely affect residential living off the Res12 ervation;

13 (2) protection of the health, safety, and welfare

14 of the surrounding community;

15 (3) preservation of open spaces, rivers, and

16 streams; and

17 (4) provision of public facilities to support de18 velopment.

19 (d) HEALTH CODES.—All public health codes of the

20 State and any county in which the Reservation is located

21 shall be applicable on the Reservation.

22 (e) HUNTING AND FISHING.—Subject to the provi23 sions of section 17.5 of the Settlement Agreement con24 cerning the acquisition of hunting and fishing licenses,

25 hunting and fishing, on or off the Reservation, shall be
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1 conducted by members in compliance with the laws and

2 regulations of the State.

3 (f) RIPARIAN RIGHTS.—(1) The littoral and riparian

4 rights of the Tribe in the Catawba River, or in any other

5 streams or waters crossing their lands, shall not differ in

6 any respect from the rights of other owners whose land

7 abuts non-tidal bodies of water or non-tidal water courses

8 in South Carolina. The rights and obligations covered by

9 this provision shall include, but not be limited to—

10 (A) the title to the river bed;

11 (B) the right to flood, pond, dam, and divert

12 waters to the river or its tributaries;

13 (C) the right to build docks and piers in the

14 river;

15 (D) the right to fish in the river or its tribu16 taries; and

17 (E) the right to discharge waste or withdraw

18 water from the river or its tributaries.

19 (2) The Tribe shall have the same rights and stand20 ing as all other riparian owners and users of the Catawba

21 River to intervene in any proceeding or otherwise to con22 test or object to proposed actions or determinations of the

23 Federal Energy Regulatory Commission or of any other

24 governmental agency, commission, or court, whether Fed25 eral, State, or local, with respect to the use of the Catawba
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1 River and its basin, including (without limitation) with2 drawal of water from the river; navigability on the river;

3 and water power and hydroelectric usage of the river.

4 (3) Notwithstanding any other provision of law effec5 tive now or adopted after the date of enactment of this

6 Act, the Tribe shall have no special right or preferential

7 standing greater than other riparian owners and users of

8 the Catawba River to intervene in or contest any such

9 agency action, determination, or proceeding, including

10 specifically any actions or determinations by the Federal

11 Energy Regulatory Commission regarding the licensing,

12 use, or operation of the waters impounded by the existing

13 reservoirs above and below the Reservation. These quali14 fications shall apply to the Existing Reservation, to lands

15 acquired for the Expanded Reservation, to other lands ac16 quired by or for the benefit of the Tribe, and to non-Res17 ervation lands.

18 (g) ALCOHOLIC BEVERAGES.—Alcohol shall be pro19 hibited on the Reservation unless the Tribe adopts laws

20 permitting the sale, possession, or consumption of alcohol

21 on the Reservation consistent with the terms of the Settle22 ment Agreement.

23 SEC. 18. TAXATION.

24 (a) INDIAN TRIBAL GOVERNMENT TAX STATUS

25 ACT.—Section 7871 of the Internal Revenue Code of 1986
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1 (26 U.S.C. 7871; commonly referred to as the ‘‘Indian

2 Tribal Government Tax Status Act) shall apply to the

3 Tribe and its Reservation. In no event, however, may the

4 Tribe pledge or hypothecate the income or principal of the

5 Catawba Education or Social Services and Elderly Trust

6 Funds or otherwise use them as security or a source of

7 payment for bonds the Tribe may issue.

8 (b) GENERAL TAX LIABILITY.—The Tribe, its Mem9 bers, the Tribal Trust Funds, and any other persons or

10 entities affiliated with or owned by the Tribe, Members,

11 or the Tribal Trust Funds, whether resident or located

12 or doing business on the Reservation or off the Reserva13 tion, shall be subject to all Federal, State, and local taxes,

14 licenses, levies, and fees except as expressly provided in

15 this section or in the State implementing legislation. Any

16 other person or business entity which locates, operates, or

17 does business on the Reservation shall be subject without

18 exception to all Federal, State, and local taxes, licenses,

19 and fees, unless otherwise expressly provided in this sec20 tion. To the extent that the Tribe may be subject to any

21 taxes under this section, the Tribe shall be taxed as if it

22 were a business corporation incorporated under the laws

23 of South Carolina unless otherwise expressly provided.

24 (c) TAXES ON GAMES OF CHANCE.—(1) If the Tribe

25 elects to sponsor and conduct games of bingo under the
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1 provisions of section 16 of this Act, no Federal, State, or

2 local taxes shall apply to the Tribe’s bingo revenues except

3 for the special bingo tax provided in the State implement4 ing legislation. If the Tribe elects to sponsor and conduct

5 games of bingo under a regular license allowed non-profit

6 organizations under the State’s Bingo Act (Title 12,

7 Chapter 21, Article 23, South Carolina Code of Laws,

8 1976), the Tribe shall be taxed as a non-profit corporation

9 under that Act with respect to all revenues generated from

10 the bingo games.

11 (2) Should the Tribe obtain a license to operate elec12 tronic play devices as provided by the State implementing

13 legislation, the Tribe shall be subject to all taxes, license

14 requirements and fees governing electronic play devices

15 provided by State law.

16 (d) INCOME TAXES.—(1) Income of the Tribe, sub17 divisions and governmental agencies of the Tribe, includ18 ing entities owned by the Tribe or the Federal Government

19 and the Tribal Trust Funds, and tax revenues collected

20 by the Tribe by levy or assessment, shall be non-taxable

21 for Federal income tax purposes to the extent provided

22 by Federal law for recognized or restored Indian Tribes.

23 Any tribal income and tax revenues which are non-taxable

24 for Federal income tax purposes because of the Tribe’s

25 status as a recognized or restored Indian Tribe shall also
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1 be non-taxable for purposes of State income taxes and

2 local income taxes.

3 (2)(A) Except as provided in this subsection, Mem4 bers shall be liable for payment of Federal, State, and

5 local income taxes to the same extent as any other person

6 in the State.

7 (B) Income earned by Members for work performing

8 governmental functions solely on the Reservation shall be

9 exempt from State taxes for a period of 99 years after

10 the effective date of this Act.

11 (C) Income earned by Members from the sale of Ca12 tawba Indian pottery and artifacts, whether on or off the

13 Reservation, which are made by Members, shall be exempt

14 from Federal, State, and local income taxes.

15 (D) For purposes of Federal income taxes, the in16 come of Members earned on the Reservation shall be tax17 able to the extent provided by Federal law for members

18 of recognized or restored Indian tribes.

19 (E) No funds distributed per capita pursuant to sec20 tion 13(h) of this Act shall be subject at the time of dis21 tribution to Federal, State, and local income taxes; how22 ever, income subsequently earned on shares distributed to

23 Members shall be subject to the same Federal, State, and

24 local income taxes as other persons in the State would pay.
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1 (F) Compensation paid to members of the Executive

2 Committee shall be subject to Federal payroll taxes to the

3 extent provided by Federal law for members of tribal coun4 cils of recognized or restored Indian tribes.

5 (3) Any person or other entity which is not exempt

6 from income taxes under provisions of this section shall

7 be liable for all Federal, State, and local income taxes oth8 erwise due regardless of whether they are doing business

9 on the Reservation.

10 (e) REAL PROPERTY TAXES.—(1) The Reservation

11 and all non-residential buildings, fixtures, and real prop12 erty improvements owned by the Tribe or held in trust

13 by the United States for the Tribe on the Reservation shall

14 be exempt from all property taxes levied by the State or

15 by any political subdivision of the State. If the Tribe owns

16 a partial interest in property or a business, the property

17 tax exemption provided in this section is applicable to the

18 extent of the Tribe’s interest.

19 (2) Single and multi-family residences, including mo20 bile homes, that are situated on the Reservation shall be

21 exempt from all property taxes levied by the State or by

22 any political subdivision of the State, if they are owned

23 by the Tribe, Members, or Tribal Trust Funds and meet

24 the requirements of the State implementing act concerning
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1 the ownership and occupation of single and multifamily

2 residences.

3 (3) All buildings, fixtures, and real property improve4 ments located on the Reservation which are not exempt

5 from real property taxes under subsections (e)(1) and

6 (e)(2) of this section, shall be subject to all property taxes

7 levied by the State or any political subdivision of the State

8 to the same extent that similar buildings, fixtures, or im9 provements are assessed and taxed elsewhere in the same

10 jurisdiction. However, the underlying land or leasehold in

11 the land shall not be subject to real property taxes. All

12 buildings, fixtures, and improvements subject to real prop13 erty taxes shall be eligible for any tax abatement or tem14 porary exemption allowed new business investments to the

15 same extent as similar properties qualify for exemption or

16 abatement in the same county.

17 (4) The Tribe is authorized to levy taxes on buildings,

18 fixtures, improvements, and personal property located on

19 the Reservation, even though such properties may be ex20 empt from property taxation by the State or its subdivi21 sions, and may use such tax revenues for appropriate trib22 al purposes. The Tribe may also exempt or abate any such

23 taxes. York and Lancaster Counties and the South Caro24 lina Tax Commission will provide in accordance with the

25 Settlement Agreement the necessary assistance to the
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1 Tribe if the Tribe chooses to assess tribal property taxes

2 as if they were property taxes imposed by a political sub3 division.

4 (5) Real property and improvements owned by the

5 Tribe or Members, or both, and not located on the Res6 ervation shall be subject to all property taxes levied by

7 the State, the county, the school district, special purpose

8 districts, and other political subdivisions where such prop9 erty is located.

10 (6) To the extent that any non-Reservation real prop11 erty held in trust by the Secretary is not taxable for prop12 erty tax purposes, it shall be subject to the payment of

13 a fee or fees in an amount equivalent to the real property

14 tax that would have been paid to the applicable taxing au15 thority had the property not been held in trust.

16 (f) PERSONAL PROPERTY TAXES.—(1) For a period

17 of 99 years after the effective date of this Act, all personal

18 property owned by the Tribe and used solely on the Res19 ervation shall be exempt from personal property taxes.

20 During such period motor vehicles owned by the Tribe

21 shall be exempt from personal property taxes even if used

22 off the Reservation.

23 (2) All personal property owned by Members shall be

24 subject to personal property taxes levied by the State or
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1 any political subdivision of the State where the property

2 is deemed to be located.

3 (3) All personal property located on the Reservation

4 which is not exempt from personal property taxes under

5 subsection (f)(1) of this section shall be subject to per6 sonal property taxes levied by the State or by any political

7 subdivision of the State encompassing the Reservation to

8 the same extent that similar personal property is assessed

9 and taxed elsewhere in the jurisdiction.

10 (4) For purposes of subsections (e) and (f) of this

11 section, the determination of whether the Tribe is the

12 owner of property shall be made in the same manner as

13 is used by the State for other taxpayers for State property

14 tax purposes.

15 (g) LEVY AGAINST PROPERTY FOR FAILURE TO PAY

16 PROPERTY TAXES.—(1) Subject to perfected security in17 terests, if any person or entity (referred to in this sub18 section as the ‘‘taxpayer’’) who is subject to property taxes

19 under subsections (e) and (f) of this section fails to pay

20 such taxes, the appropriate taxing authority for the county

21 or other political subdivision shall have the power to levy

22 against personal property subject to personal property

23 taxes owned by the taxpayer within the county, on or off

24 the Reservation, in order to satisfy the taxes due.
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1 (2) If this levy against the personal property is not

2 sufficient to satisfy the tax lien, the county or other politi3 cal subdivision may certify the deficiency to the State and

4 the State may levy against other taxable property of the

5 taxpayer in the State and remit any proceeds to the county

6 or appropriate taxing authority which is owed the tax.

7 (3) If the county or other political subdivision cannot

8 satisfy its lien, it may require the Tribe to cease allowing

9 the taxpayer to do business on the Reservation.

10 (4) If the taxpayer is in bankruptcy, the bankruptcy

11 statutes shall apply to this section.

12 (5) The State or any political subdivision may not

13 seize real property located on the Reservation.

14 (h) VEHICLE LICENSE FEES.—The Tribe and its

15 Members shall be subject to all license and registration

16 fees and requirements, all periodic inspection fees and re17 quirements, and all fuel taxes imposed by Federal, State,

18 and local governments on motor vehicles, boats, and air19 planes, and other means of conveyance.

20 (i) SALES AND USE TAXES.—(1) The Tribe, its

21 Members, and the Tribal Trust Funds shall be liable for

22 the payment of all State and local sales and use taxes to

23 the same extent as any other person or entity in the State,

24 except as provided in this section.
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1 (2) Purchases made by the Tribe for tribal govern2 ment functions during the period of 99 years from the ef3 fective date of this Act shall be exempt from State and

4 local sales and use taxes.

5 (3) Catawba pottery and artifacts made by Members

6 and sold on or off the Reservation by the Tribe or Mem7 bers shall be exempt from State and local sales and use

8 tax.

9 (4)(A) During the period of 99 years from the effec10 tive date of this Act, the sale on the Reservation of all

11 other items, whether made on or off the Reservation, shall

12 be exempt from State and local sales and use taxes, but

13 shall be subject to a special tribal sales tax levied by the

14 Tribe equal to the State and any local sales tax that would

15 be levied in the jurisdiction encompassing the Reservation

16 but for this exemption.

17 (B) The South Carolina sales and use tax laws, regu18 lations, and rulings shall apply to the special tribal sales

19 tax, and the special tribal sales tax must be administered

20 and collected by the South Carolina Tax Commission in

21 accordance with the Settlement Agreement.

22 (C) In accordance with the Settlement Agreement,

23 the South Carolina Tax Commission will separately ac24 count for the special tribal sales tax, and the State Treas-
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1 urer will remit the special tribal sales tax revenues periodi2 cally to the Tribe at no cost to the Tribe.

3 (D) The tribal sales tax shall not apply to retail sales

4 occurring on the Reservation as a result of delivery from

5 outside the Reservation when the gross proceeds of sale

6 are $100 or less. In such case, the State sales tax shall

7 apply.

8 (E) The Tribe shall impose a tribal use tax on the

9 storage, use, or other consumption on the Reservation of

10 tangible personal property purchased at retail outside the

11 State when the vendor does not collect the tax. However,

12 any use taxes which are collected by a vendor which is

13 not located in the State will be subject to State use taxes

14 and the use tax shall be remitted to the State and not

15 the Tribe. Use taxes not collected by the vendor and remit16 ted to the State shall be subject to the Tribal use tax and

17 shall be collected directly by the Tribe.

18 (j) PAYMENTS IN LIEU OF TAXES.—The Tribe shall

19 pay a fee in lieu of school taxes. That fee shall be deter20 mined by the county or other appropriate taxing authority

21 in the same manner and shall be the same amount that

22 is paid by students from outside the county entering

23 schools in the county. Fees payable by the Tribe shall be

24 reduced by any funds received under the Act of September

25 30, 1950 (Public Law 874, 81st Congress; 20 U.S.C. 236
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1 et seq.; commonly referred to as the ‘‘Impact Aid Act’’)

2 pursuant to section 4(g) of this Act or any other Federal

3 funds designed to compensate school districts for loss of

4 revenue due to the non-taxability of Indian property. Any

5 fee in lieu of school taxes paid on behalf of a child under

6 this section shall be excluded from Federal and State in7 come of the child or his family for Federal and State in8 come tax purposes.

9 (k) ESTATE TAXES.—Members shall be liable for

10 payment for all estate and inheritance taxes, except, how11 ever, that the undistributed share of any member in the

12 Catawba Per Capita Payment Trust Fund shall be exempt

13 from Federal and State estate and inheritance taxes.

14 (l) ELIGIBILITY FOR CONSIDERATION TO BECOME

15 AN ENTERPRISE ZONE OR GENERAL PURPOSE FOREIGN

16 TRADE ZONE.—Notwithstanding the provisions of any

17 other law or regulation, the Tribe shall be eligible to be18 come, sponsor and/or operate (1) an ‘‘enterprise zone’’

19 pursuant to 42 U.S.C. 11501–11505 or any other applica20 ble Federal (or State) laws or regulations; or (2) a ‘‘for21 eign-trade zone’’ or ‘‘subzone’’ pursuant to the Foreign

22 Trade Zones Act of 1934, as amended (19 U.S.C. 81a–

23 81u) and the regulations thereunder, to the same extent

24 as other federally recognized Indian tribes.
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1 SEC. 19. GENERAL PROVISIONS.

2 (a) GENERAL APPLICABILITY OF STATE LAW.—The

3 Tribe, its Members, and any lands, natural resources, or

4 other property owned by the Tribe or its Members (includ5 ing any land or natural resources or other property held

6 in trust by the United States or by any other person or

7 entity for the Tribe) shall be subject to the civil, criminal,

8 and regulatory jurisdiction of the State, its agencies and

9 political subdivisions other than municipalities, and the

10 civil and criminal jurisdiction of the courts of the State,

11 to the same extent as any other person, citizen or land

12 in the State except as otherwise expressly provided in this

13 Act and by the State implementing legislation.

14 (b) IMPACT OF SUBSEQUENTLY ENACTED LAWS.—

15 The provisions of any Federal law enacted after the date

16 of enactment of this Act shall not apply in the State if

17 such provision would materially affect or preempt the ap18 plication of the laws of the State, including application

19 of the laws of the State applicable to lands owned by or

20 held in trust for Indians, or Indian Nations, tribes or

21 bands of Indians. However, such Federal law shall apply

22 within the State if the State grants its approval by a law

23 or joint resolution enacted by the General Assembly of

24 South Carolina and signed by the Governor.

25 (c) SEVERABILITY.—If any of the provisions of sec26 tions 4(a), 5 or 6 of this Act are held invalid by a court,
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1 then all of this Act is invalid. Should any other section

2 of this Act be held invalid by a court, the remaining sec3 tions of this Act shall remain in full force and effect.

4 (d) INTERPRETATION CONSISTENT WITH SETTLE5 MENT AGREEMENT.—Wherever possible, this Act shall be

6 construed in a manner consistent with the Settlement

7 Agreement. In the event of a conflict between the provi8 sions of this Act and the Settlement Agreement, the terms

9 of this Act shall govern. The Settlement Agreement shall

10 be maintained on file and available for public inspection

11 at the Department of the Interior.

12 SEC. 20. EFFECTIVE DATE.

13 The provisions of this Act shall become effective upon

14 the transfer of the Existing Reservation to the Secretary.

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