H. R. 2399—5
(d) EFFECT ON PROPERTY RIGHTS AND OTHER OBLIGATIONS.—
Except as otherwise specifically provided in this Act, this Act shall
not affect any property right or obligation or any contractual right
or obligation in existence before the effective date of this Act,
or any obligation for taxes levied before that date.
(e) EXTENT OF JURISDICTION.—This Act shall not be construed
to empower the Tribe with special jurisdiction or to deprive the
State of jurisdiction other than as expressly provided by this Act
or by the State Act. The jurisdiction and governmental powers
of the Tribe shall be solely those set forth in this Act and the
State Act.
SEC. 5. SETTLEMENT FUNDS.
(a) AUTHORIZATION
FOR
APPROPRIATION.—There is hereby
authorized to be appropriated $32,000,000 for the Federal share
which shall be deposited in the trust funds established pursuant
to section 11 of this Act or paid pursuant to section 6(g).
(b) DISBURSEMENT IN ACCORDANCE WITH SETTLEMENT AGREE-
MENT.—The Federal funds appropriated pursuant to this Act shall
be disbursed in four equal annual installments of $8,000,000 begin-
ning in the fiscal year following enactment of this Act. Funds
transferred to the Secretary from other sources shall be deposited
in the trust funds established pursuant to section 11 of this Act
or paid pursuant to section 6(g) within 30 days of receipt by the
Secretary.
(c) FEDERAL, STATE, LOCAL AND PRIVATE CONTRIBUTIONS HELD
IN TRUST BY SECRETARY.—The Secretary shall, on behalf of the
Tribe, collect those contributions toward settlement appropriated
or received by the State pursuant to section 5.2 of the Settlement
Agreement and shall either hold such funds totalling $18,000,000,
together with the Federal funds appropriated pursuant to this
Act, in trust for the Tribe pursuant to the provisions of section
11 of this Act or pay such funds pursuant to section 6(g) of this
Act.
(d) NONPAYMENT
OF STATE, LOCAL, OR PRIVATE CONTRIBU-
TIONS.—The Secretary shall not be accountable or incur any liability
for the collection, deposit, or management of the non-Federal con-
tributions made pursuant to section 5.2 of the Settlement Agree-
ment, or payment of such funds pursuant to section 6(g) of this
Act, until such time as such funds are received by the Secretary.
SEC. 6. RATIFICATION OF PRIOR TRANSFERS; EXTINGUISHMENT OF
ABORIGINAL TITLE, RIGHTS AND CLAIMS.
(a) RATIFICATION OF TRANSFERS.—Any transfer of land or natu-
ral resources located anywhere within the United States from,
by, or on behalf of the Tribe, any one or more of its Members,
or anyone purporting to be a Member, including but without limita-
tion any transfer pursuant to any treaty, compact, or statute of
any State, shall be deemed to have been made in accordance with
the Constitution and all laws of the United States, and Congress
hereby approves and ratifies any such transfer effective as of the
date of such transfer. Nothing in this section shall be construed
to affect, eliminate, or revive the personal claim of any individual
Member (except for any Federal common law fraud claim) which
is pursued under any law of general applicability that protects
non-Indians as well as Indians.
(b) ABORIGINAL TITLE.—To the extent that any transfer of land
or natural resources described in subsection (a) of this section
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H. R. 2399—6
may involve land or natural resources to which the Tribe, any
of its Members, or anyone purporting to be a Member, or any
other Indian, Indian nation, or Tribe or band of Indians had aborigi-
nal title, subsection (a) of this section shall be regarded as an
extinguishment of aboriginal title as of the date of such transfer.
(c) EXTINGUISHMENT OF CLAIMS.—By virtue of the approval
and ratification of any transfer of land or natural resources effected
by this section, or the extinguishment of aboriginal title effected
thereby, all claims against the United States, any State or subdivi-
sion thereof, or any other person or entity, by the Tribe, any
of its Members, or anyone purporting to be a Member, or any
predecessors or successors in interest thereof or any other Indian,
Indian Nation, or tribe or band of Indians, arising at the time
of or subsequent to the transfer and based on any interest in
or right involving such land or natural resources, including without
limitation claims for trespass damages or claims for use and occu-
pancy, shall be deemed extinguished as of the date of the transfer.
(d) EXTINGUISHMENT OF TITLE.—(1) All claims and all right,
title, and interest that the Tribe, its Members, or any person
or group of persons purporting to be Catawba Indians may have
to aboriginal title, recognized title, or title by grant, patent, or
treaty to the lands located anywhere in the United States are
hereby extinguished.
(2) This extinguishment of claims shall also extinguish title
to any hunting, fishing, or water rights or rights to any other
natural resource claimed by the Tribe or a Member based on aborigi-
nal or treaty recognized title, and all trespass damages and other
damages associated with use, occupancy or possession, or entry
upon such lands.
(e) BAR
TO FUTURE CLAIMS.—The United States is hereby
barred from asserting by or on behalf of the Tribe or any of its
Members, or anyone purporting to be a Member, any claim arising
before the effective date of this Act from the transfer of any land
or natural resources by deed or other grant, or by treaty, compact,
or act of law, on the grounds that such transfer was not made
in accordance with the laws of South Carolina or the Constitution
or laws of the United States.
(f) NO DEROGATION OF FEE SIMPLE IN EXISTING RESERVATION,
OR EFFECT
ON MEMBERS’ FEE INTERESTS.—Nothing in this Act
shall be construed to diminish or derogate from the Tribe’s estate
in the Existing Reservation; or to divest or disturb title in any
land conveyed to any person or entity as a result of the Termination
Act and the liquidation and partition of tribal lands; or to divest
or disturb the right, title and interest of any Member in any
fee simple, leasehold or remainder estate or any equitable or bene-
ficial right or interest any such Member may own individually
and not as a Member of the Tribe.
(g) COSTS AND ATTORNEYS’ FEES.—The parties to the Suits
shall bear their own costs and attorneys’ fees. As provided by
section 6.4 of the Settlement Agreement, the Secretary shall pay
to the Tribe’s attorneys in the Suits attorneys’ fees and expenses
from, and not to exceed 10 percent of, the $50,000,000 obligated
for payment to the Tribe by Federal, State, local, and private
parties pursuant to section 5 of the Settlement Agreement.
(h) PERSONAL CLAIMS NOT AFFECTED.—Nothing in this section
shall be deemed to affect, diminish, or eliminate the personal claim
of any individual Indian which is pursued under any law of general
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H. R. 2399—7
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 pay-
ments are not paid as set forth in section 5, such failure to pay
shall give rise to a cause of action by the Tribe against the United
States for money damages for the amount authorized to be paid
to the Tribe in section 5(a) in settlement of the Tribe’s claim,
and the Tribe is authorized to bring an action in the United States
Court of Claims for such funds plus applicable interest. The United
States hereby waives any affirmative defense to such action.
(j) STATE PAYMENT.—In the event any of the State payments
are not paid as set forth in section 5 of this Act, such failure
to pay shall give rise to a cause of action in the United States
District Court for the District of South Carolina by the Tribe against
the State of South Carolina for money damages for the amount
authorized to be paid to the Tribe by the State in § 27–16–50
(A) of the State Act in settlement of the Tribe’s claim. Pursuant
to § 27–16–50 (E) of the State Act, the State of South Carolina
waives any Eleventh Amendment immunity to such action.
SEC. 7. BASE MEMBERSHIP ROLL.
(a) BASE MEMBERSHIP ROLL CRITERIA.—Within one year after
enactment of this section, the Tribe shall submit to the Secretary,
for approval, its base membership roll. An individual is eligible
for inclusion on the base membership roll if that individual is
living on the date of enactment of this Act and—
(1) is listed on the membership roll published by the Sec-
retary in the Federal Register on February 25, 1961 (26 FR
1680–1688, ‘‘Notice of Final Membership Roll’’), and is not
excluded under the provisions of subsection (c);
(2) the Executive Committee determines, based on the cri-
teria used to compile the roll referred to in paragraph (1),
that the individual should have been included on the member-
ship roll at that time, but was not; or
(3) is a lineal descendant of a Member whose name
appeared or should have appeared on the membership roll
referred to in paragraph (1).
(b) BASE MEMBERSHIP ROLL NOTICE.—Within 90 days after
the enactment of this Act, the Secretary shall publish in the Federal
Register, and in three newspapers of general circulation in the
Tribe’s service area, a notice stating—
(1) that a base membership roll is being prepared by the
Tribe and that the current membership roll is open and will
remain open for a period of 90 days;
(2) the requirements for inclusion on the base membership
roll;
(3) the final membership roll published by the Secretary
in the Federal Register on February 25, 1961;
(4) the current membership roll as prepared by the Execu-
tive Committee and approved by the General Council; and
(5) the name and address of the tribal or Federal official
to whom inquiries should be made.
(c) COMPLETION OF BASE MEMBERSHIP ROLL.—Within 120 days
after publication of notice under subsection (b), the Secretary, after
consultation with the Tribe, shall prepare and publish in the Fed-
eral Register, and in three newspapers of general circulation in
the Tribe’s service area, a proposed final base membership roll
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H. R. 2399—8
of the Tribe. Within 60 days from the date of publication of the
proposed final base membership roll, an appeal may be filed with
the Executive Committee under rules made by the Executive
Committee in consultation with the Secretary. Such an appeal
may be filed by a Member with respect to the inclusion of any
name on the proposed final base membership roll and by any
person with respect to the exclusion of his or her name from
the final base membership roll. The Executive Committee shall
review such appeals and render a decision, subject to the Secretary’s
approval. If the Executive Committee and the Secretary disagree,
the Secretary’s decision will be final. All such appeals shall be
resolved within 90 days following publication of the proposed roll.
The final base membership roll of the Tribe shall then be published
in the Federal Register, and in three newspapers of general circula-
tion in the Tribe’s service area, and shall be final for purposes
of the distribution of funds from the Per Capita Trust Fund estab-
lished 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 implementa-
tion of this Act; and
(B) during such period—
(i) have full authority to enter into contracts, grant
agreements and other arrangements with any Federal
department or agency; and
(ii) have full authority to administer or operate any
program under such contracts or agreements.
(2) Until the initial election of tribal officers under a new
constitution and bylaws, the Executive Committee shall—
(A) determine tribal membership in accordance with the
provisions of section 7; and
(B) oversee and implement the revision and proposal to
the Tribe of a new constitution and conduct such tribal meetings
and elections as are required by this Act.
SEC. 9. TRIBAL CONSTITUTION AND GOVERNANCE.
(a) INDIAN REORGANIZATION ACT.—If the Tribe so elects, it
may organize under the Act of June 18, 1934 (25 U.S.C. 461
et seq.; commonly referred to as the ‘‘Indian Reorganization Act’’).
The Tribe shall be subject to such Act except to the extent such
sections are inconsistent with this Act.
(b) ADOPTION OF NEW TRIBAL CONSTITUTION.—Within 180 days
after the effective date of this Act, the Executive Committee shall
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