II
103D CONGRESS
1ST SESSION
H. R. 2399
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 29 (legislative day, SEPTEMBER 27), 1993
Received
AN ACT
To provide for the settlement of land claims of the Catawba
Tribe of Indians in the State of South Carolina and
the restoration of the Federal trust relationship with
the Tribe, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Catawba Indian Tribe
of South Carolina Land Claims Settlement Act of 1993’’.
SEC. 2. DECLARATION OF POLICY, CONGRESSIONAL FIND-
INGS AND PURPOSE.
(a) FINDINGS.—The Congress declares and finds
that:
(1) It is the policy of the United States to pro-
mote tribal self-determination and economic self-suf-
ficiency and to support the resolution of disputes
over historical claims through settlements mutually
agreed to by Indian and non-Indian parties.
(2) There is pending before the United States
District Court for the District of South Carolina a
lawsuit 
disputing 
ownership 
of 
approximately
140,000 acres of land in the State of South Carolina
and other rights of the Catawba Indian Tribe under
Federal law.
(3) The Catawba Indian Tribe initiated a relat-
ed lawsuit against the United States in the United
States Court of Federal Claims seeking monetary
damages.
(4) Some of the significant historical events
which have led to the present situation include:
(A) In treaties with the Crown in 1760
and 1763, the Tribe ceded vast portions of its
aboriginal territory in the present States of
North and South Carolina in return for guaran-
tees of being quietly settled on a 144,000-acre
reservation.
(B) The Tribe’s district court suit con-
tended that in 1840 the Tribe and the State en-
tered into an agreement without Federal ap-
proval or participation whereby the Tribe ceded
its treaty reservation to the State, thereby giv-
ing rise to the Tribe’s claim that it was dispos-
sessed of its lands in violation of Federal law.
(C) In 1943, the United States entered
into an agreement with the Tribe and the State
to provide services to the Tribe and its mem-
bers. The State purchased 3,434 acres of land
and conveyed it to the Secretary in trust for the
Tribe and the Tribe organized under the Indian
Reorganization Act.
(D) In 1959, when Congress enacted the
Catawba Tribe of South Carolina Division of
Assets Act (25 U.S.C. 931–938), Federal
agents assured the Tribe that if the Tribe
would release the Government from its obliga-
tion under the 1943 agreement and agree to
Federal legislation terminating the Federal
trust relationship and liquidating the 1943 res-
ervation, the status of the Tribe’s land claim
would not be jeopardized by termination.
(E) In 1980, the Tribe initiated Federal
court litigation to regain possession of its treaty
lands and in 1986, the United States Supreme
Court ruled in South Carolina against Catawba
Indian Tribe that the 1959 Act resulted in the
application of State statutes of limitations to
the Tribe’s land claim. Two subsequent deci-
sions of the United States Court of Appeals for
the Fourth Circuit have held that some portion
of the Tribe’s claim is barred by State statutes
of limitations and that some portion is not
barred.
(5) The pendency of these lawsuits has led to
substantial economic and social hardship for a large
number of landowners, citizens and communities in
the State of South Carolina, including the Catawba
Indian Tribe. Congress recognizes that if these
claims are not resolved, further litigation against
tens of thousands of landowners would be likely;
that any final resolution of pending disputes through
a process of litigation would take many years and
entail great expenses to all parties; continue eco-
nomically and socially damaging controversies; pro-
long uncertainty as to the ownership of property;
and seriously impair long-term economic planning
and development for all parties.
(6) The 102d Congress has enacted legislation
suspending until October 1, 1993, the running of
any unexpired statute of limitation applicable to the
Tribe’s land claim in order to provide additional
time to negotiate settlement of these claims.
(7) It is recognized that both Indian and non-
Indian parties enter into this settlement to resolve
the disputes raised in these lawsuits and to derive
certain benefits. The parties’ Settlement Agreement
constitutes a good faith effort to resolve these law-
suits and other claims and requires implementing
legislation by the Congress of the United States, the
General Assembly of the State of South Carolina,
and the governing bodies of the South Carolina
counties of York and Lancaster.
(8) To advance the goals of the Federal policy
of Indian self-determination and restoration of ter-
minated Indian Tribes, and in recognition of the
United States obligation to the Tribe and the Fed-
eral policy of settling historical Indian claims
through comprehensive settlement agreements, it is
appropriate that the United States participate in the
funding and implementation of the Settlement
Agreement.
(b) PURPOSE.—It is the purpose of this Act—
(1) to approve, ratify, and confirm the Settle-
ment Agreement entered into by the non-Indian set-
tlement parties and the Tribe, except as otherwise
provided by this Act;
(2) to authorize and direct the Secretary to im-
plement the terms of such Settlement Agreement;
(3) to authorize the actions and appropriations
necessary to implement the provisions of the Settle-
ment Agreement and this Act;
(4) to remove the cloud on titles in the State
of South Carolina resulting from the Tribe’s land
claim; and
(5) to restore the trust relationship between the
Tribe and the United States.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Tribe’’ means the Catawba In-
dian Tribe of South Carolina as constituted in ab-
original times, which was party to the Treaty of
Pine Tree Hill in 1760 as confirmed by the Treaty
of Augusta in 1763, which was party also to the
Treaty of Nation Ford in 1840, and which was the
subject of the Termination Act, and all predecessors
and successors in interest, including the Catawba In-
dian Tribe of South Carolina, Inc.
(2) The term ‘‘claim’’ or ‘‘claims’’ means any
claim which was asserted by the Tribe in either Suit,
(3) the final membership roll published by the
Secretary in the Federal Register on February 25,
1961;
(4) the current membership roll as prepared by
the Executive Committee and approved by the Gen-
eral Council; and
(5) the name and address of the tribal or Fed-
eral official to whom inquiries should be made.
(c) COMPLETION OF BASE MEMBERSHIP ROLL.—
Within 120 days after publication of notice under sub-
section (b), the Secretary, after consultation with the
Tribe, shall prepare and publish in the Federal Register,
and in three newspapers of general circulation in the
Tribe’s service area, a proposed final base membership roll
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 Sec-
retary. 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 mem-
bership 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