and any other claim which could have been asserted
by the Tribe or any Catawba Indian of a right, title
or interest in property, to trespass or property dam-
ages, or of hunting, fishing or other rights to natu-
ral resources, if such claim is based upon aboriginal
title, recognized title, or title by grant, patent, or
treaty including the Treaty of Pine Tree Hill of
1760, the Treaty of Augusta of 1763, or the Treaty
of Nation Ford of 1840.
(3) The term ‘‘Executive Committee’’ means
the body of the Tribe composed of the Tribe’s execu-
tive officers as selected by the Tribe in accordance
with its constitution.
(4) The term ‘‘Existing Reservation’’ means
that tract of approximately 630 acres conveyed to
the State in trust for the Tribe by J.M. Doby on
December 24, 1842, by deed recorded in York Coun-
ty Deed Book N, pp. 340–341.
(5) The term ‘‘General Council’’ means the
membership of the Tribe convened as the Tribe’s
governing body for the purpose of conducting tribal
business pursuant to the Tribe’s constitution.
(6) The term ‘‘Member’’ means individuals who
are currently members of the Tribe or who are en-
rolled in accordance with this Act.
(7) The term ‘‘Reservation’’ or ‘‘Expanded Res-
ervation’’ means the Existing Reservation and the
lands added to the Existing Reservation in accord-
ance with section 12 of this Act, which are to be
held in trust by the Secretary in accordance with
this Act.
(8) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(9) The term ‘‘service area’’ means the area
composed of the State of South Carolina and
Cabarrus, Cleveland, Gaston, Mecklenburg, Ruther-
ford, and Union counties in the State of North
Carolina.
(10) The term ‘‘Settlement Agreement’’ means
the document entitled ‘‘Agreement in Principle’’ be-
tween the Tribe and the State of South Carolina and
attached to the copy of the State Act and filed with
the Secretary of State of the State of South Caro-
lina, as amended to conform to this Act and printed
in the Congressional Record.
(11) The term ‘‘State’’ means, except for sec-
tion 6 (a) through (f), the State of South Carolina.
(12) The term ‘‘State Act’’ means the Act en-
acted into law by the State of South Carolina on
June 14, 1993, and codified as S.C. Code Ann., sec-
tions 27–16–10 through 27–16–140, to implement
the Settlement Agreement.
(13) The term ‘‘Suit’’ or ‘‘Suits’’ means Ca-
tawba Indian Tribe of South Carolina v. State of
South Carolina, et al., docketed as Civil Action No.
80–2050 and filed in the United States District
Court for the District of South Carolina; and Ca-
tawba Indian Tribe of South Carolina v. The United
States of America, docketed as Civil Action No. 90–
553L and filed in the United States Court of
Federal Claims.
(14) The term ‘‘Termination Act’’ means the
Act entitled ‘‘An Act to provide for the division of
the tribal assets of the Catawba Indian Tribe of
South Carolina among the members of the Tribe
and for other purposes’’, approved September 21,
1959 (73 Stat. 592; 25 U.S.C. 931–938).
(15) The term ‘‘transfer’’ includes (but is not
limited to) any voluntary or involuntary sale, grant,
lease, allotment, partition, or other conveyance; any
transaction the purpose of which was to effect a
sale, grant, lease, allotment, partition, or convey-
ance; and any act, event or circumstance that re-
sulted in a change in title to, possession of, domin-
ion over, or control of land, water, minerals, timber,
or other natural resources.
(16) The term ‘‘Trust Funds’’ means the trust
funds established by section 11 of this Act.
SEC. 4. RESTORATION OF FEDERAL TRUST RELATIONSHIP.
(a) RESTORATION OF THE FEDERAL TRUST RELA-
TIONSHIP
AND APPROVAL, RATIFICATION, AND CON-
FIRMATION OF THE SETTLEMENT AGREEMENT.—On the
effective date of this Act—
(1) the trust relationship between the Tribe and
the United States is restored; and
(2) the Settlement Agreement and the State
Act are approved, ratified, and confirmed by the
United States to effectuate the purposes of this Act,
and shall be complied with in the same manner and
to the same extent as if they had been enacted into
Federal law.
(b) ELIGIBILITY
FOR
FEDERAL
BENEFITS
AND
SERVICES.—Notwithstanding any other provision of law,
on the effective date of this Act, the Tribe and the Mem-
bers shall be eligible for all benefits and services furnished
to federally recognized Indian tribes and their members
because of their status as Indians. On the effective date
of this Act, the Secretary shall enter the Tribe on the list
of federally recognized bands and tribes maintained by the
Department of the Interior; and its members shall be enti-
tled to special services, educational benefits, medical care,
and welfare assistance provided by the United States to
Indians because of their status as Indians, and the Tribe
shall be entitled to the special services performed by the
United States for tribes because of their status as Indian
tribes. For the purpose of eligibility for Federal services
made available to members of federally recognized Indian
tribes because of their status as Indian tribal members,
Members of the Tribe in the Tribe’s service area shall be
deemed to be residing on or near a reservation.
(c) REPEAL
OF TERMINATION ACT.—The Termi-
nation Act is repealed.
(d) EFFECT ON PROPERTY RIGHTS AND OTHER OB-
LIGATIONS.—Except as otherwise specifically provided in
this Act, this Act shall not affect any property right or
obligation or any contractual right or obligation in exist-
ence before the effective date of this Act, or any obligation
for taxes levied before that date.
(e) EXTENT OF JURISDICTION.—This Act shall not
be construed to empower the Tribe with special jurisdic-
tion or to deprive the State of jurisdiction other than as
expressly provided by this Act or by the State Act. The
jurisdiction and governmental powers of the Tribe shall
be solely those set forth in this Act and the State Act.
SEC. 5. SETTLEMENT FUNDS.
(a) AUTHORIZATION FOR APPROPRIATION.—There is
hereby authorized to be appropriated $32,000,000 for the
Federal share which shall be deposited in the trust funds
established pursuant to section 11 of this Act or paid pur-
suant to section 6(g).
(b) DISBURSEMENT IN ACCORDANCE WITH SETTLE-
MENT AGREEMENT.—The Federal funds appropriated
pursuant to this Act shall be disbursed in four equal an-
nual installments of $8,000,000 beginning in the fiscal
year following enactment of this Act. Funds transferred
to the Secretary from other sources shall be deposited in
the trust funds established pursuant to section 11 of this
Act or paid pursuant to section 6(g) within 30 days of
receipt by the Secretary.
(c) FEDERAL, STATE, LOCAL AND PRIVATE CON-
TRIBUTIONS HELD IN TRUST BY SECRETARY.—The Sec-
retary shall, on behalf of the Tribe, collect those contribu-
tions toward settlement appropriated or received by the
State pursuant to section 5.2 of the Settlement Agreement
and shall either hold such funds totalling $18,000,000, to-
gether with the Federal funds appropriated pursuant to
this Act, in trust for the Tribe pursuant to the provisions
of section 11 of this Act or pay such funds pursuant to
section 6(g) of this Act.
(d) NONPAYMENT OF STATE, LOCAL, OR PRIVATE
CONTRIBUTIONS.—The Secretary shall not be accountable
or incur any liability for the collection, deposit, or manage-
ment of the non-Federal contributions made pursuant to
section 5.2 of the Settlement Agreement, or payment of
such funds pursuant to section 6(g) of this Act, until such
time as such funds are received by the Secretary.
SEC. 6. RATIFICATION OF PRIOR TRANSFERS; EXTINGUISH-
MENT OF ABORIGINAL TITLE, RIGHTS AND
CLAIMS.
(a) RATIFICATION OF TRANSFERS.—Any transfer of
land or natural resources located anywhere within the
United States from, by, or on behalf of the Tribe, any
one or more of its Members, or anyone purporting to be
a Member, including but without limitation any transfer
pursuant to any treaty, compact, or statute of any State,
shall be deemed to have been made in accordance with
the Constitution and all laws of the United States, and
Congress hereby approves and ratifies any such transfer
effective as of the date of such transfer. Nothing in this
section shall be construed to affect, eliminate, or revive
the personal claim of any individual Member (except for
any Federal common law fraud claim) which is pursued
under any law of general applicability that protects non-
Indians as well as Indians.
(b) ABORIGINAL TITLE.—To the extent that any
transfer of land or natural resources described in sub-
section (a) of this section may involve land or natural re-
sources to which the Tribe, any of its Members, or anyone
purporting to be a Member, or any other Indian, Indian
nation, or Tribe or band of Indians had aboriginal title,
subsection (a) of this section shall be regarded as an extin-
guishment of aboriginal title as of the date of such
transfer.
(c) EXTINGUISHMENT OF CLAIMS.—By virtue of the
approval and ratification of any transfer of land or natural
resources effected by this section, or the extinguishment
of aboriginal title effected thereby, all claims against the
United States, any State or subdivision thereof, or any
other person or entity, by the Tribe, any of its Members,
or anyone purporting to be a Member, or any predecessors
or successors in interest thereof or any other Indian, In-
dian Nation, or tribe or band of Indians, arising at the
time of or subsequent to the transfer and based on any
interest in or right involving such land or natural re-
sources, including without limitation claims for trespass
damages or claims for use and occupancy, shall be deemed
extinguished as of the date of the transfer.
(d) EXTINGUISHMENT OF TITLE.—(1) All claims and
all right, title, and interest that the Tribe, its Members,
or any person or group of persons purporting to be Ca-
tawba Indians may have to aboriginal title, recognized
title, or title by grant, patent, or treaty to the lands lo-
cated anywhere in the United States are hereby extin-
guished.
(2) This extinguishment of claims shall also extin-
guish title to any hunting, fishing, or water rights or
rights to any other natural resource claimed by the Tribe
or a Member based on aboriginal or treaty recognized title,
and all trespass damages and other damages associated
with use, occupancy or possession, or entry upon such
lands.
(e) BAR TO FUTURE CLAIMS.—The United States is
hereby barred from asserting by or on behalf of the Tribe
or any of its Members, or anyone purporting to be a Mem-
ber, any claim arising before the effective date of this Act
from the transfer of any land or natural resources by deed
or other grant, or by treaty, compact, or act of law, on
the grounds that such transfer was not made in accord-
ance with the laws of South Carolina or the Constitution
or laws of the United States.
(f) NO DEROGATION OF FEE SIMPLE IN EXISTING
RESERVATION, OR EFFECT ON MEMBERS’ FEE INTER-
ESTS.—Nothing in this Act shall be construed to diminish
or derogate from the Tribe’s estate in the Existing Res-
ervation; or to divest or disturb title in any land conveyed
to any person or entity as a result of the Termination Act
and the liquidation and partition of tribal lands; or to di-
vest or disturb the right, title and interest of any Member
in any fee simple, leasehold or remainder estate or any
equitable or beneficial right or interest any such Member
may own individually and not as a Member of the Tribe.
(g) COSTS AND ATTORNEYS’ FEES.—The parties to
the Suits shall bear their own costs and attorneys’ fees.
As provided by section 6.4 of the Settlement Agreement,
the Secretary shall pay to the Tribe’s attorneys in the
Suits attorneys’ fees and expenses from, and not to exceed
10 percent of, the $50,000,000 obligated for payment to
the Tribe by Federal, State, local, and private parties pur-
suant to section 5 of the Settlement Agreement.
(h) PERSONAL CLAIMS NOT AFFECTED.—Nothing in
this section shall be deemed to affect, diminish, or elimi-
nate the personal claim of any individual Indian which is
pursued under any law of general applicability (other than
Federal common law fraud) that protects non-Indians as
well as Indians.
(i) FEDERAL PAYMENT.—In the event any of the
Federal payments are not paid as set forth in section 5,
such failure to pay shall give rise to a cause of action by
the Tribe against the United States for money damages
for the amount authorized to be paid to the Tribe in sec-
tion 5(a) in settlement of the Tribe’s claim, and the Tribe
is authorized to bring an action in the United States Court
of Claims for such funds plus applicable interest. The
United States hereby waives any affirmative defense to
such action.
(j) STATE PAYMENT.—In the event any of the State
payments are not paid as set forth in section 5 of this
Act, such failure to pay shall give rise to a cause of action
in the United States District Court for the District of
South Carolina by the Tribe against the State of South
Carolina for money damages for the amount authorized
to be paid to the Tribe by the State in § 27–16–50 (A)
of the State Act in settlement of the Tribe’s claim. Pursu-
ant to § 27–16–50 (E) of the State Act, the State of South
Carolina waives any Eleventh Amendment immunity to
such action.
SEC. 7. BASE MEMBERSHIP ROLL.
(a) BASE MEMBERSHIP ROLL CRITERIA.—Within
one year after enactment of this section, the Tribe shall
submit to the Secretary, for approval, its base membership
roll. An individual is eligible for inclusion on the base
membership roll if that individual is living on the date of
enactment of this Act and—
(1) is listed on the membership roll published
by the Secretary in the Federal Register on Feb-
ruary 25, 1961 (26 FR 1680–1688, ‘‘Notice of
Final Membership Roll’’), and is not excluded under
the provisions of subsection (c);
(2) the Executive Committee determines, based
on the criteria used to compile the roll referred to
in paragraph (1), that the individual should have
been included on the membership roll at that time,
but was not; or
(3) is a lineal descendant of a Member whose
name appeared or should have appeared on the
membership roll referred to in paragraph (1).
(b) BASE MEMBERSHIP ROLL NOTICE.—Within 90
days after the enactment of this Act, the Secretary shall
publish in the Federal Register, and in three newspapers
of general circulation in the Tribe’s service area, a notice
stating—
(1) that a base membership roll is being pre-
pared by the Tribe and that the current membership
roll is open and will remain open for a period of 90
days;
(2) the requirements for inclusion on the base
membership roll;
disagree, the Secretary’s decision will be final. All such
appeals shall be resolved within 90 days following publica-
tion of the proposed roll. The final base membership roll
of the Tribe shall then be published in the Federal Reg-
ister, and in three newspapers of general circulation in the
Tribe’s service area, and shall be final for purposes of the
distribution of funds from the Per Capita Trust Fund es-
tablished under section 11(h).
(d) FUTURE MEMBERSHIP
IN
THE TRIBE.—The
Tribe shall have the right to determine future membership
in the Tribe; however, in no event may an individual be
enrolled as a tribal member unless the individual is a lineal
descendant of a person on the final base membership roll
and has continued to maintain political relations with the
Tribe.
SEC. 8. TRANSITIONAL AND PROVISIONAL GOVERNMENT.
(a) FUTURE
TRIBAL
GOVERNMENT.—The Tribe
shall adopt a new constitution within 24 months after the
effective date of this Act.
(b) EXECUTIVE
COMMITTEE
AS
TRANSITIONAL
BODY.—(1) Until the Tribe has adopted a constitution,
the existing tribal constitution shall remain in effect and
the Executive Committee is recognized as the provisional
and transitional governing body of the Tribe. Until an
election of tribal officers under the new constitution, the
Executive Committee shall—
(A) represent the Tribe and its Members in the
implementation of this Act; and
(B) during such period—
(i) have full authority to enter into con-
tracts, grant agreements and other arrange-
ments with any Federal department or agency;
and
(ii) have full authority to administer or op-
erate any program under such contracts or
agreements.
(2) Until the initial election of tribal officers under
a new constitution and by-laws, the Executive Committee
shall—
(A) determine tribal membership in accordance
with the provisions of section 7; and
(B) oversee and implement the revision and
proposal to the Tribe of a new constitution and con-
duct such tribal meetings and elections as are re-
quired by this Act.
SEC. 9. TRIBAL CONSTITUTION AND GOVERNANCE.
(a) INDIAN REORGANIZATION ACT.—If the Tribe so
elects, it may organize under the Act of June 18, 1934
(25 U.S.C. 461 et seq.; commonly referred to as the ‘‘In-
dian Reorganization Act’’). The Tribe shall be subject to
such Act except to the extent such sections are inconsist-
ent with this Act.
(b) ADOPTION OF NEW TRIBAL CONSTITUTION.—
Within 180 days after the effective date of this Act, the
Executive Committee shall draft and distribute to each
Member eligible to vote under the tribal constitution in
effect on the effective date of this Act, a proposed con-
stitution and bylaws for the Tribe together with a brief,
impartial description of the proposed constitution and by-
laws and a notice of the date, time and location of the
election under this subsection. Not sooner than 30 days
or later than 90 days after the distribution of the proposed
constitution, the Executive Committee shall conduct a se-
cret-ballot election to adopt a new constitution and bylaws.
(c) MAJORITY VOTE FOR ADOPTION; PROCEDURE IN
EVENT OF FAILURE TO ADOPT PROPOSED CONSTITU-
TION.—(1) The tribal constitution and bylaws shall be
ratified and adopted if—
(A) not less than 30 percent of those entitled
to vote do vote; and
(B) approved by a majority of those actually
voting.
(2) If in any such election such majority does not ap-
prove the adoption of the proposed constitution and by-
laws, the Executive Committee shall prepare another pro-
posed constitution and bylaws and present it to the Tribe
in the same manner provided in this section for the first
constitution and bylaws. Such new proposed constitution
and bylaws shall be distributed to the eligible voters of
the Tribe no later than 180 days after the date of the
election in which the first proposed constitution and by-
laws failed of adoption. An election on the question of the
adoption of the new proposal of the Executive Committee
shall be conducted in the same manner provided in sub-
section (b) for the election on the first proposed constitu-
tion and bylaws.
(d) ELECTION OF TRIBAL OFFICERS.—Within 120
days after the Tribe ratifies and adopts a constitution and
bylaws, the Executive Committee shall conduct an election
by secret ballot for the purpose of electing tribal officials
as provided in the constitution and bylaws. Subsequent
elections shall be held in accordance with the Tribe’s con-
stitution and bylaws.
(e) EXTENSION OF TIME.—Any time periods pre-
scribed in subsections (b) and (c) may be altered by writ-
ten agreement between the Executive Committee and the
Secretary.
SEC. 10. ADMINISTRATIVE PROVISIONS RELATING TO JU-
RISDICTION, TAXATION, AND OTHER MAT-
TERS.
In the administration of this Act:
(1) All matters involving tribal powers, immuni-
ties, and jurisdiction, whether criminal, civil, or reg-
ulatory, shall be governed by the terms and provi-
sions of the Settlement Agreement and the State
Act, unless otherwise provided in this Act.
(2) All matters pertaining to governance and
regulation of the reservation (including environ-
mental regulation and riparian rights) shall be gov-
erned by the terms and provisions of the Settlement
Agreement and the State Act, including, but not
limited to, section 17 of the Settlement Agreement
and section 27–16–120 of the State Act, unless oth-
erwise provided in this Act.
(3) The Indian Child Welfare Act of 1978 (25
U.S.C. 1901 et seq.) shall apply to Catawba Indian
children except as provided in the Settlement Agree-
ment.
(4) Whether or not the Tribe, under section
9(a), elects to organize under the Act of June 18,
1934, the Tribe, in any constitution adopted by the
Tribe, may be authorized to exercise such authority
as is consistent with the Settlement Agreement and
the State Act.
(5) In no event may the Tribe pledge or hy-
pothecate the income or principal of the Catawba
Education or Social Services and Elderly Trust
Funds or otherwise use them as security or a source
of payment for bonds the Tribe may issue.
(6) The Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.) shall
apply to the Tribe except to the extent that such ap-
plication may be inconsistent with this Act or the
Settlement Agreement.
SEC. 11. TRIBAL TRUST FUNDS.
(a) PURPOSES OF TRUST FUNDS.—All funds paid
pursuant to section 5 of this Act, except for payments
made pursuant to section 6(g), shall be deposited with the
Secretary in trust for the benefit of the Tribe. Separate
trust funds shall be established for the following purposes:
economic development, land acquisition, education, social
services and elderly assistance, and per capita payments.
Except as provided in this section, the Tribe, in consulta-
tion with the Secretary, shall determine the share of settle-
ment payments to be deposited in each Trust Fund, and
define, consistently with the provisions of this section, the
purposes of each Trust Fund and provisions for admin-
istering each, specifically including provisions for periodic
distribution of current and accumulated income, and for
invasion and restoration of principal.
(b) OUTSIDE
MANAGEMENT
OPTION.—(1) The
Tribe, in consultation with and subject to the approval of
the Secretary, as set forth in this section, is authorized
to place any of the Trust Funds under professional man-
agement, outside the Department of the Interior.
(2) If the Tribe elects to place any of the Trust
Funds under professional management outside the De-
partment of the Interior, it may engage a consulting or
advisory firm to assist in the selection of an independent
professional investment management firm, and it shall en-
gage, with the approval of the Secretary, an independent
investment management firm of proven competence and
experience established in the business of counseling large
endowments, trusts, or pension funds.
(3) The Secretary shall have 45 days to approve or
reject any independent investment management firm se-
lected by the Tribe. If the Secretary fails to approve or
reject the firm selected by the Tribe within 45 days, the
investment management firm selected by the Tribe shall
be deemed to have been approved by the Secretary.
(4) Secretarial approval of an investment manage-
ment firm shall not be unreasonably withheld, and any
Secretarial disapproval of an investment management firm
shall be accompanied by a detailed explanation setting
forth the Secretary’s reasons for such disapproval.
(5)(A) For funds placed under professional manage-
ment, the Tribe, in consultation with the Secretary and
its investment manager, shall develop—
(i) current operating and long-term capital
budgets; and
(ii) a plan for managing, investing, and distrib-
uting income and principal from the Trust Funds to
match the requirements of the Tribe’s operating and
capital budgets.
(B) For each Trust Fund which the Tribe elects to
place under outside professional management, the invest-
ment plan shall provide for investment of Trust Fund as-
sets so as to serve the purposes described in this section
and in the Trust Fund provisions which the Tribe shall
establish in consultation with the Secretary and the inde-
pendent investment management firm.
(C) Distributions from each Trust Fund shall not ex-
ceed the limits on the use of principal and income imposed
by the applicable provisions of this Act for that particular
Trust Fund.
(D)(i) The Tribe’s investment management plan shall
not become effective until approved by the Secretary.
(ii) Upon submission of the plan by the Tribe to the
Secretary for approval, the Secretary shall have 45 days
to approve or reject the plan. If the Secretary fails to ap-
prove or disapprove the plan within 45 days, the plan shall
be deemed to have been approved by the Secretary and
shall become effective immediately.
(iii) Secretarial approval of the plan shall not be un-
reasonably withheld and any secretarial rejection of the
plan shall be accompanied by a detailed explanation set-
ting forth the Secretary’s reasons for rejecting the plan.
(E) Until the selection of an established investment
management firm of proven competence and experience,
the Tribe shall rely on the management, investment, and
administration of the Trust Funds by the Secretary pursu-
ant to the provisions of this section.
(c) TRANSFER OF TRUST FUNDS; EXCULPATION OF
SECRETARY.—Upon the Secretary’s approval of the
Tribe’s investment management firm and an investment
management plan, all funds previously deposited in trust
funds held by the Secretary and all funds subsequently
paid into the trust funds, which are chosen for outside
management, shall be transferred to the accounts estab-
lished by an investment management firm in accordance
with the approved investment management plan. The Sec-
retary shall be exculpated by the Tribe from liability for
any loss of principal or interest resulting from investment
decisions made by the investment management firm. Any
Trust Fund transferred to an investment management
firm shall be returned to the Secretary upon written re-
quest of the Tribe, and the Secretary shall manage such
funds for the benefit of the Tribe.
(d) LAND ACQUISITION TRUST.—(1) The Secretary
shall establish and maintain a Catawba Land Acquisition
Trust Fund, and until the Tribe engages an outside firm
for investment management of this trust fund, the Sec-
retary shall manage, invest, and administer this trust
fund. The original principal amount of the Land Acquisi-
tion Trust Fund shall be determined by the Tribe in con-
sultation with the Secretary.
(2) The principal and income of the Land Acquisition
Trust Fund may be used for the purchase and develop-
ment of Reservation and non-Reservation land pursuant
to the Settlement Agreement, costs related to land acquisi-
tion, and costs of construction of infrastructure and devel-
opment of the Reservation and non-Reservation land.
(3)(A) Upon acquisition of the maximum amount of
land allowed for expansion of the Reservation, or upon re-
quest of the Tribe and approval of the Secretary pursuant
to the Secretarial approval provisions set forth in sub-
section (b)(5)(D) of this section, all or part of the balance
of this trust fund may be merged into one or more of the
Economic Development Trust Fund, the Education Trust
Fund, or the Social Services and Elderly Assistance Trust
Fund.
(B) Alternatively, at the Tribe’s election, the Land
Acquisition Trust Fund may remain in existence after all
the Reservation land is purchased in order to pay for the
purchase of non-Reservation land.
(4)(A) The Tribe may pledge or hypothecate the in-
come and principal of the Land Acquisition Trust Fund
to secure loans for the purchase of Reservation and non-
Reservation lands.
(B) Following the effective date of this Act and be-
fore the final annual disbursement is made as provided
in section 5 of this Act, the Tribe may pledge or hypoth-
ecate up to 50 percent of the unpaid annual installments
required to be paid to this Trust Fund, the Economic De-
velopment Trust Fund and the Social Services and Elderly
Assistance Trust Fund by section 5 of this Act and by
section 5 of the Settlement Agreement, to secure loans to
finance the acquisition of Reservation or non-Reservation
land or infrastructure improvements on such lands.
(e) ECONOMIC DEVELOPMENT TRUST.—(1) The Sec-
retary shall establish and maintain a Catawba Economic
Development Trust Fund, and until the Tribe engages an
outside firm for investment management of this Trust
Fund, the Secretary shall manage, invest, and administer
this Trust Fund. The original principal amount of the
Economic Development Trust Fund shall be determined
by the Tribe in consultation with the Secretary. The prin-
cipal and income of this Trust Fund may be used to sup-
port tribal economic development activities, including but
not limited to infrastructure improvements and tribal
business ventures and commercial investments benefiting
the Tribe.
(2) The Tribe, in consultation with the Secretary,
may pledge or hypothecate future income and up to 50
percent of the principal of this Trust Fund to secure loans
for economic development. In defining the provisions for
administration of this Trust Fund, and before pledging
or hypothecating future income or principal, the Tribe and
the Secretary shall agree on rules and standards for the
invasion of principal and for repayment or restoration of
principal, which shall encourage preservation of principal,
and provide that, if feasible, a portion of all profits derived
from activities funded by principal be applied to repay-
ment of the Trust Fund.
(3) Following the effective date of this Act and before
the final annual disbursement is made as provided in sec-
tion 5 of this Act, the Tribe may pledge or hypothecate
up to 50 percent of the unpaid annual installments re-
quired to be paid by section 5 of this Act and by section
5 of the Settlement Agreement to secure loans to finance
economic development activities of the Tribe, including
(but not limited to) infrastructure improvements on Res-
ervation and non-Reservation lands.
(4) If the Tribe develops sound lending guidelines ap-
proved by the Secretary, a portion of the income from this
Trust Fund may also be used to fund a revolving credit
account for loans to support tribal businesses or business
enterprises of tribal members.
(f) EDUCATION TRUST.—The Secretary shall estab-
lish and maintain a Catawba Education Trust Fund, and
until the Tribe engages an outside firm for investment
management of this Trust Fund, the Secretary shall man-
age, invest, and administer this Trust Fund. The original
principal amount of this Trust Fund shall be determined
by the Tribe in consultation with the Secretary; subject
to the requirement that upon completion of all payments
into the Trust Funds, an amount equal to at least 1⁄3 of
all State, local, and private contributions made pursuant
to the Settlement Agreement shall have been paid into the
Education Trust Fund. Income from this Trust Fund
shall be distributed in a manner consistent with the terms
of the Settlement Agreement. The principal of this Trust
Fund shall not be invaded or transferred to any other
Trust Fund, nor shall it be pledged or encumbered as se-
curity.
(g) SOCIAL SERVICES AND ELDERLY ASSISTANCE
TRUST.—(1) The Secretary shall establish and maintain
a Catawba Social Services and Elderly Assistance Trust
Fund and, until the Tribe engages an outside firm for in-
vestment management of this Trust Fund, the Secretary
shall manage, invest, and administer the Social Services
and Elderly Assistance Trust Fund. The original principal
amount of this Trust Fund shall be determined by the
Tribe in consultation with the Secretary.
(2) The income of this Trust Fund shall be periodi-
cally distributed to the Tribe to support social services
programs, including (but not limited to) housing, care of
elderly, or physically or mentally disabled Members, child
care, supplemental health care, education, cultural preser-
vation, burial and cemetery maintenance, and operation
of tribal government.
(3) The Tribe, in consultation with the Secretary,
shall establish eligibility criteria and procedures to carry
out this subsection.
(h) PER CAPITA PAYMENT TRUST FUND.—(1) The
Secretary shall establish and maintain a Catawba Per
Capita Payment Trust Fund in an amount equal to 15
percent of the settlement funds paid pursuant to section
5 of the Settlement Agreement. Until the Tribe engages
an outside firm for investment management of this Trust
Fund, the Secretary shall manage, invest, and administer
the Catawba Per Capita Payment Trust Fund.
(2) Each person (or their estate) whose name appears
on the final base membership roll of the Tribe published
by the Secretary pursuant to section 7(c) of this Act will
receive a one-time, non-recurring payment from this Trust
Fund.
(3) The amount payable to each member shall be de-
termined by dividing the trust principal and any accrued
interest thereon by the number of Members on the final
base membership roll.
(4)(A) Subject to the provisions of this paragraph,
each enrolled member who has reached the age of 21 years
on the date the final roll is published shall receive the pay-
ment on the date of distribution, which shall be as soon
as practicable after date of publication of the final base
membership roll. Adult Members shall be paid their pro
rata share of this Trust Fund on the date of distribution
unless they elect in writing to leave their pro rata share
in the Trust Fund, in which case such share shall not be
distributed.
ing to leave their pro rata share in the Trust Fund, in
which case such share shall not be distributed.
(B) The pro rata share of such Members who elect
not to withdraw their payment from this trust fund shall
be managed, invested and administered, together with the
funds of members who have not attained the age of 21
years on the date the final base membership roll is pub-
lished, until such Member requests in writing that their
pro rata share be distributed, at which time such Mem-
ber’s pro rata share shall be paid, together with the net
income of the Trust Fund allocable to such Member’s
share as of the date of distribution.
(C) No Member may elect to have their pro rata
share retained and managed by this Trust Fund beyond
the expiration of the period of 21 years after the date of
publication of the final base membership roll.
(6) After payments have been made to all Members
entitled to receive payments, this Trust Fund shall termi-
nate, and any balance remaining in this Trust Fund shall
be merged into the Economic Development Trust Fund,
the Education Trust Fund, or the Social Services and El-
derly Assistance Trust Fund, as the Tribe may determine.
(i) DURATION OF TRUST FUNDS.—Subject to the
provisions of this section and with the exception of the
Catawba Per Capita Payment Trust Fund, the Trust
Funds established in accordance with this section shall
continue in existence so long as the Tribe exists and is
recognized by the United States. The principal of these
Trust Funds shall not be invaded or distributed except
as expressly authorized in this Act or in the Settlement
Agreement.
(j) TRANSFER OF MONEY AMONG TRUST FUNDS.—
The Tribe, in consultation with the Secretary, shall have
the authority to transfer principal and accumulated in-
come between Trust Funds only as follows:
(1) Funds may be transferred among the Ca-
tawba Economic Development Trust Fund, the Ca-
tawba Land Acquisition Trust Fund and the Ca-
tawba Social Services and Elderly Assistance Trust
Fund, and from any of those three Trust Funds into
the Catawba Education Trust Fund; except, that the
mandatory share of State, local, and private sector
funds invested in the original corpus of the Catawba
Education Trust Fund shall not be transferred to
any other Trust Fund.
(2) Any Trust Fund, except for the Catawba
Education Trust Fund, may be dissolved by a vote
of two-thirds of those Members eligible to vote, and
the assets in such Trust Fund shall be transferred
to the remaining Trust Funds; except, that (A) no
assets shall be transferred from any of the Trust
Funds into the Catawba Per Capita Payment Trust
Fund, and (B) the mandatory share of State, local
and private funds invested in the original corpus of
the Catawba Education Trust Fund may not be
transferred or used for any non-educational pur-
poses.
(3) The dissolution of any Trust Fund shall re-
quire the approval of the Secretary pursuant to the
Secretarial approval provisions set forth in sub-
section (b)(5)(D) of this section.
(k) TRUST FUND ACCOUNTING.—(1) The Secretary
shall account to the Tribe periodically, and at least annu-
ally, for all Catawba Trust Funds being managed and ad-
ministered by the Secretary. The accounting shall—
(A) identify the assets in which the Trust
Funds have been invested during the relevant period;
(B) report income earned during the period,
distinguishing current income and capital gains;
(C) indicate dates and amounts of distributions
to the Tribe, separately distinguishing current in-
come, accumulated income, and distributions of prin-
cipal; and
(D) identify any invasions or repayments of
principal during the relevant period and record pro-
visions the Tribe has made for repayment or restora-
tion of principal.
(2)(A) Any outside investment management firm en-
gaged by the Tribe shall account to the Tribe and sepa-
rately to the Secretary at periodic intervals, at least quar-
terly. Its accounting shall—
(i) identify the assets in which the Trust Funds
have been invested during the relevant period;
(ii) report income earned during the period,
separating current income and capital gains;
(iii) indicate dates and amounts of distributions
to the Tribe, distinguishing current income, accumu-
lated income, and distributions of principal; and
(iv) identify any invasions or repayments of
principal during the relevant period and record pro-
visions the Tribe has made for repayment or restora-
tion of principal.
(B) Prior to distributing principal from any Trust
Fund, the investment management firm shall notify the
Secretary of the proposed distribution and the Tribe’s pro-
posed use of such funds, following procedures to be agreed
upon by the investment management firm, the Secretary,
and the Tribe. The Secretary shall have 15 days within
which to object in writing to any such invasion of prin-
cipal. Failure to object will be deemed approval of the dis-
tribution.
(C) All Trust Funds held and managed by any invest-
ment management firm shall be audited annually by a cer-
tified public accounting firm approved by the Secretary,
and a copy of the annual audit shall be submitted to the
Tribe and to the Secretary within four months following
the close of the Trust Funds’ fiscal year.
(l) REPLACEMENT OF INVESTMENT MANAGEMENT
FIRM AND MODIFICATION OF INVESTMENT MANAGEMENT
PLAN.—The Tribe shall not replace the investment man-
agement firm approved by the Secretary without prior
written notification to the Secretary and approval by the
Secretary of any investment management firm chosen by
the Tribe as a replacement. Such Secretarial approval
shall be given or denied in accordance with the Secretarial
approval provisions contained in subsection (b)(5)(D) of
this section. The Tribe and its investment management
firm shall also notify the Secretary in writing of any revi-
sions in the investment management plan which materially
increase investment risk or significantly change the invest-
ment management plan, or the agreement, made in con-
sultation with the Secretary pursuant to which the outside
management firm was retained.
(m) TRUST FUNDS NOT COUNTED FOR CERTAIN
PURPOSES; USE
AS MATCHING FUNDS.—None of the
funds, assets, income, payments, or distributions from the
trust funds established pursuant to this section shall at
any time affect the eligibility of the Tribe or its Members
for, or be used as a basis for denying or reducing funds
to the Tribe or its Members under any Federal, State, or
local program. Distributions from these Trust Funds may
be used as matching funds, where appropriate, for Federal
grants or loans.
SEC. 12. ESTABLISHMENT OF EXPANDED RESERVATION.
(a) EXISTING RESERVATION.—The Secretary is au-
thorized to receive from the State, by such transfer docu-
ment as the Secretary and the State shall approve, all
rights, title, and interests of the State in and to the Exist-
ing Reservation to be held by the United States as trustee
for the Tribe, and, effective on the date of such transfer,
the obligation of the State as trustee for the Tribe with
respect to such land shall cease.
(b) EXPANDED RESERVATION.—(1) The Existing
Reservation shall be expanded in the manner prescribed
by the Settlement Agreement.
(2) Within 180 days following the date of the enact-
ment of this Act, the Secretary, after consulting with the
Tribe, shall ascertain the boundaries and area of the exist-
ing reservation. In addition, the Secretary, after consult-
ing with the Tribe, shall engage a professional land plan-
ning firm as provided in the Settlement Agreement. The
Secretary shall bear the cost of all services rendered pur-
suant to this section.
(3) The Tribe may identify, purchase and request
that the Secretary place into reservation status, tracts of
lands in the manner prescribed by the Settlement Agree-
ment. The Tribe may not request that any land be placed
in reservation status, unless those lands were acquired by
the Tribe and qualify for reservation status in full compli-
ance with the Settlement Agreement, including section 14
thereof.
(4) The Secretary shall bear the cost of all title ex-
aminations, preliminary subsurface soil investigations, and
level one environmental audits to be performed on each
parcel contemplated for purchase by the Tribe or the Sec-
retary for the Expanded Reservation, and shall report the
results to the Tribe. The Secretary’s or the Tribe’s pay-
ment of any option fee and the purchase price may be
drawn from the Catawba Land Acquisition Trust Fund.
(5) The total area of the Expanded Reservation shall
be limited to 3,000 acres, including the Existing Reserva-
tion, but the Tribe may exclude from this limit up to 600
acres of additional land under the conditions set forth in
the Settlement Agreement. The Tribe may seek to have
the permissible area of the Expanded Reservation en-
larged by an additional 600 acres as set forth in the Set-
tlement Agreement.
(6) All lands acquired for the Expanded Reservation
may be held in trust together with the Existing Reserva-
tion which the State is to convey to the United States.
(7) Nothing in this Act shall prohibit the Secretary
from providing technical and financial assistance to the
Tribe to fulfill the purposes of this section.
(c) EXPANSION ZONES.—(1) Subject to the condi-
tions, criteria, and procedures set forth in the Settlement
Agreement, the Tribe shall endeavor at the outset to ac-
quire contiguous tracts for the Expanded Reservation in
the ‘‘Catawba Reservation Primary Expansion Zone’’, as
defined in the Settlement Agreement.
(2) Subject to the conditions, criteria, and procedures
set forth in the Settlement Agreement, the Tribe may elect
to purchase contiguous tracts in an alternative area, the
‘‘Catawba Reservation Secondary Expansion Zone’’, as de-
fined in the Settlement Agreement.
(3) The Tribe may propose different or additional ex-
pansion zones subject to the authorizations required in the
Settlement Agreement and the State Act.
(d) NON-CONTIGUOUS TRACTS.—The Tribe, in con-
sultation with the Secretary, shall take such actions as are
reasonable to expand the Existing Reservation by assem-
bling a composite tract of contiguous parcels that border
and surround the Existing Reservation. Before requesting
that any non-contiguous tract be placed in Reservation
status, the Tribe shall comply with section 14 of the Set-
tlement Agreement. Upon the approval of the Tribe’s ap-
plication under and in accordance with section 14 of the
Settlement Agreement, the Secretary, in consultation with
the Tribe, may proceed to place non-contiguous tracts in
Reservation status. No purchases of non-contiguous tracts
shall be made for the Reservation except as set forth in
the Settlement Agreement and the State Act.
(e) VOLUNTARY LAND PURCHASES.—(1) The power
of eminent domain shall not be used by the Secretary or
any governmental authority in acquiring parcels of land
for the benefit of the Tribe, whether or not the parcels
are to be part of the Reservation. All such purchases shall
be made only from willing sellers by voluntary conveyances
subject to the terms of the Settlement Agreement.
(2) Notwithstanding any other provision of this sec-
tion and the provisions of the first section of the Act of
August 1, 1888 (ch. 728, 25 Stat. 357; 40 U.S.C. 257),
and the first section of the Act of February 26, 1931 (ch.
307, 46 Stat. 1421; 40 U.S.C. 258a), the Secretary or
the Tribe may acquire a fractional interest in land other-
wise qualifying under section 14 of the Settlement Agree-
ment for treatment as Reservation land for the benefit of
the Tribe from the ostensible owner of the land if the Sec-
retary or the Tribe and the ostensible owner have agreed
upon the identity of the land to be sold and upon the pur-
chase price and other terms of sale. If the ostensible owner
agrees to the sale, the Secretary may use condemnation
proceedings to perfect or clear title and to acquire any
interests of putative co-tenants whose address is unknown
or the interests of unknown or unborn heirs or persons
subject to mental disability.
(f) TERMS AND CONDITIONS OF ACQUISITION.—All
properties acquired by the Tribe shall be acquired subject
to the terms and conditions set forth in the Settlement
Agreement. The Tribe and the Secretary, acting on behalf
of the Tribe and with its consent, are also authorized to
acquire Reservation and non-Reservation lands using the
methods of financing described in the Settlement Agree-
ment.
(g) AUTHORITY TO ERECT PERMANENT IMPROVE-
MENTS
ON EXISTING
AND EXPANDED RESERVATION
LAND AND NON-RESERVATION LAND HELD IN TRUST.—
Notwithstanding any other provision of law or regulation,
the Attorney General of the United States shall approve
any deed or other instrument which conveys to the United
States lands purchased pursuant to the provisions of this
section and the Settlement Agreement. The Secretary or
the Tribe may erect permanent improvements of a sub-
stantial value, or any other improvements authorized by
law on such land after such land is conveyed to the United
States.
(h) EASEMENTS OVER RESERVATION.—(1) The ac-
quisition of lands for the Expanded Reservation shall not
extinguish any easements or rights-of-way then encumber-
ing such lands unless the Secretary or the Tribe enters
into a written agreement with the owners terminating such
easements or rights-of-way.
(2)(A) The Tribe, with the approval of the Secretary,
shall have the power to grant or convey easements and
rights-of-way, in a manner consistent with the Settlement
Agreement.
(B) Unless the Tribe and the State agree upon a
valuation formula for pricing easements over the Reserva-
tion, the Secretary shall be subject to proceedings for con-
demnation and eminent domain to acquire easements and
rights of way for public purposes through the Reservation
under the laws of the State in circumstances where no
other reasonable access is available.
(C) With the approval of the Tribe, the Secretary
may grant easements or rights-of-way over the Reserva-
tion for private purposes, and implied easements of neces-
sity shall apply to all lands acquired by the Tribe, unless
expressly excluded by the parties.
(i) JURISDICTIONAL STATUS.—Only land made part
of the Reservation shall be governed by the special juris-
dictional provisions set forth in the Settlement Agreement
and the State Act.
(j) 
SALE
AND
TRANSFER
OF
RESERVATION
LANDS.—With the approval of the Secretary, the Tribe
may sell, exchange, or lease lands within the Reservation,
and sell timber or other natural resources on the Reserva-
tion under circumstances and in the manner prescribed
by the Settlement Agreement and the State Act.
(k) TIME LIMIT ON ACQUISITIONS.—All acquisitions
of contiguous land to expand the Reservation or of non-
contiguous lands to be placed in Reservation status shall
be completed or under contract of purchase within 10
years from the date the last payment is made into the
Land Acquisition Trust; except that for a period of 20
years after the date the last payment is made into the
Catawba Land Acquisition Trust Fund, the Tribe may,
subject to the limitation on the total size of the Reserva-
tion, continue to add parcels to up to two Reservation
areas so long as the parcels acquired are contiguous to
one of those two Reservation areas.
(l) LEASES OF RESERVATION LANDS.—The provi-
sions of the first section of the Act of August 9, 1955
(ch. 615, 69 Stat. 539; 25 U.S.C. 415) shall not apply
to the Tribe and its Reservation. The Tribe is authorized
to lease its Reservation lands for terms up to but not ex-
ceeding 99 years, with or without the approval of the Sec-
retary. With regard to any lease of Reservation lands not
approved by the Secretary, the Secretary shall be excul-
pated by the Tribe from any liability arising out of any
loss incurred by the Tribe as a result of the unapproved
lease.
(m) NON-APPLICABILITY OF BIA LAND ACQUISITION
REGULATIONS.—The general land acquisition regulations
of the Bureau of Indian Affairs, contained in part 151
of title 25, Code of Federal Regulations, shall not apply
to the acquisition of lands authorized by this section.
SEC. 13. NON-RESERVATION PROPERTIES.
(a) ACQUISITION
OF
NON-RESERVATION
PROP-
ERTIES.—The Tribe may draw upon the corpus or accu-
mulated income of the Catawba Land Acquisition Trust
Fund or the Catawba Economic Development Trust Fund
to acquire and hold parcels of real estate outside the Res-
ervation for the purposes and in the manner delineated