H. R. 2399—17
(6) All lands acquired for the Expanded Reservation may be
held in trust together with the Existing Reservation which the
State is to convey to the United States.
(7) Nothing in this Act shall prohibit the Secretary from provid-
ing technical and financial assistance to the Tribe to fulfill the
purposes of this section.
(c) EXPANSION ZONES.—(1) Subject to the conditions, criteria,
and procedures set forth in the Settlement Agreement, the Tribe
shall endeavor at the outset to acquire contiguous tracts for the
Expanded Reservation in the ‘‘Catawba Reservation Primary Expan-
sion Zone’’, as defined in the Settlement Agreement.
(2) Subject to the conditions, criteria, and procedures set forth
in the Settlement Agreement, the Tribe may elect to purchase
contiguous tracts in an alternative area, the ‘‘Catawba Reservation
Secondary Expansion Zone’’, as defined in the Settlement
Agreement.
(3) The Tribe may propose different or additional expansion
zones subject to the authorizations required in the Settlement
Agreement and the State Act.
(d) NON-CONTIGUOUS TRACTS.—The Tribe, in consultation with
the Secretary, shall take such actions as are reasonable to expand
the Existing Reservation by assembling a composite tract of contig-
uous parcels that border and surround the Existing Reservation.
Before requesting that any non-contiguous tract be placed in Res-
ervation status, the Tribe shall comply with section 14 of the
Settlement Agreement. Upon the approval of the Tribe’s application
under and in accordance with section 14 of the Settlement Agree-
ment, the Secretary, in consultation with the Tribe, may proceed
to place non-contiguous tracts in Reservation status. No purchases
of non-contiguous tracts shall be made for the Reservation except
as set forth in the Settlement Agreement and the State Act.
(e) VOLUNTARY LAND PURCHASES.—(1) The power of eminent
domain shall not be used by the Secretary or any governmental
authority in acquiring parcels of land for the benefit of the Tribe,
whether or not the parcels are to be part of the Reservation.
All such purchases shall be made only from willing sellers by
voluntary conveyances subject to the terms of the Settlement
Agreement.
(2) Notwithstanding any other provision of this section and
the provisions of the first section of the Act of August 1, 1888
(ch. 728, 25 Stat. 357; 40 U.S.C. 257), and the first section of
the Act of February 26, 1931 (ch. 307, 46 Stat. 1421; 40 U.S.C.
258a), the Secretary or the Tribe may acquire a fractional interest
in land otherwise qualifying under section 14 of the Settlement
Agreement for treatment as Reservation land for the benefit of
the Tribe from the ostensible owner of the land if the Secretary
or the Tribe and the ostensible owner have agreed upon the identity
of the land to be sold and upon the purchase price and other
terms of sale. If the ostensible owner agrees to the sale, the Sec-
retary 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,
16:47 Oct 14, 1993
VerDate 01-JUL-93
Jkt 059200
PO 00000
Frm 00017
Fmt 6655
Sfmt 6501
E:\BILLS\H2399.ENR
bend06
H. R. 2399—18
are also authorized to acquire Reservation and non-Reservation
lands using the methods of financing described in the Settlement
Agreement.
(g) AUTHORITY TO ERECT PERMANENT IMPROVEMENTS ON EXIST-
ING
AND EXPANDED RESERVATION LAND
AND NON-RESERVATION
LAND HELD
IN TRUST.—Notwithstanding any other provision of
law or regulation, the Attorney General of the United States shall
approve any deed or other instrument which conveys to the United
States lands purchased pursuant to the provisions of this section
and the Settlement Agreement. The Secretary or the Tribe may
erect permanent improvements of a substantial value, or any other
improvements authorized by law on such land after such land
is conveyed to the United States.
(h) EASEMENTS OVER RESERVATION.—(1) The acquisition of
lands for the Expanded Reservation shall not extinguish any ease-
ments or rights-of-way then encumbering such lands unless the
Secretary or the Tribe enters into a written agreement with the
owners terminating such easements or rights-of-way.
(2)(A) The Tribe, with the approval of the Secretary, shall
have the power to grant or convey easements and rights-of-way,
in a manner consistent with the Settlement Agreement.
(B) Unless the Tribe and the State agree upon a valuation
formula for pricing easements over the Reservation, the Secretary
shall be subject to proceedings for condemnation and eminent
domain to acquire easements and rights of way for public purposes
through the Reservation under the laws of the State in cir-
cumstances where no other reasonable access is available.
(C) With the approval of the Tribe, the Secretary may grant
easements or rights-of-way over the Reservation for private pur-
poses, and implied easements of necessity shall apply to all lands
acquired by the Tribe, unless expressly excluded by the parties.
(i) JURISDICTIONAL STATUS.—Only land made part of the Res-
ervation shall be governed by the special jurisdictional provisions
set forth in the Settlement Agreement and the State Act.
(j) SALE
AND TRANSFER
OF RESERVATION LANDS.—With the
approval of the Secretary, the Tribe may sell, exchange, or lease
lands within the Reservation, and sell timber or other natural
resources on the Reservation under circumstances and in the man-
ner prescribed by the Settlement Agreement and the State Act.
(k) TIME LIMIT ON ACQUISITIONS.—All acquisitions of contiguous
land to expand the Reservation or of non-contiguous lands to be
placed in Reservation status shall be completed or under contract
of purchase within 10 years from the date the last payment is
made into the Land Acquisition Trust; except that for a period
of 20 years after the date the last payment is made into the
Catawba Land Acquisition Trust Fund, the Tribe may, subject
to the limitation on the total size of the Reservation, continue
to add parcels to up to two Reservation areas so long as the
parcels acquired are contiguous to one of those two Reservation
areas.
(l) LEASES OF RESERVATION LANDS.—The provisions of the first
section of the Act of August 9, 1955 (ch. 615, 69 Stat. 539; 25
U.S.C. 415) shall not apply to the Tribe and its Reservation. The
Tribe is authorized to lease its Reservation lands for terms up
to but not exceeding 99 years, with or without the approval of
the Secretary. With regard to any lease of Reservation lands not
approved by the Secretary, the Secretary shall be exculpated by
16:47 Oct 14, 1993
VerDate 01-JUL-93
Jkt 059200
PO 00000
Frm 00018
Fmt 6655
Sfmt 6501
E:\BILLS\H2399.ENR
bend06
H. R. 2399—19
the Tribe from any liability arising out of any loss incurred by
the Tribe as a result of the unapproved lease.
(m) NON-APPLICABILITY
OF BIA LAND ACQUISITION REGULA-
TIONS.—The general land acquisition regulations of the Bureau
of Indian Affairs, contained in part 151 of title 25, Code of Federal
Regulations, shall not apply to the acquisition of lands authorized
by this section.
SEC. 13. NON-RESERVATION PROPERTIES.
(a) ACQUISITION OF NON-RESERVATION PROPERTIES.—The Tribe
may draw upon the corpus or accumulated income of the Catawba
Land Acquisition Trust Fund or the Catawba Economic Develop-
ment Trust Fund to acquire and hold parcels of real estate outside
the Reservation for the purposes and in the manner delineated
in the Settlement Agreement. Jurisdiction and status of all non-
Reservation lands shall be governed by section 15 of the Settlement
Agreement.
(b) AUTHORITY TO DISPOSE OF LANDS.—Notwithstanding any
other provision of law, the Tribe may lease, sell, mortgage, restrict,
encumber, or otherwise dispose of such non-Reservation lands in
the same manner as other persons and entities under State law,
and the Tribe as land owner shall be subject to the same obligations
and responsibilities as other persons and entities under State, Fed-
eral, and local law.
(c) RESTRICTIONS.—Ownership and transfer of non-Reservation
parcels shall not be subject to Federal law restrictions on alienation,
including (but not limited to) the restrictions imposed by Federal
common law and the provisions of section 2116 of the Revised
Statutes (25 U.S.C. 177).
SEC. 14. GAMES OF CHANCE.
(a) INAPPLICABILITY
OF INDIAN GAMING REGULATORY ACT.—
The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall
not apply to the Tribe.
(b) GAMES OF CHANCE GENERALLY.—The Tribe shall have the
rights and responsibilities set forth in the Settlement Agreement
and the State Act with respect to the conduct of games of chance.
Except as specifically set forth in the Settlement Agreement and
the State Act, all laws, ordinances, and regulations of the State,
and its political subdivisions, shall govern the regulation of gam-
bling devices and the conduct of gambling or wagering by the
Tribe on and off the Reservation.
SEC. 15. GENERAL PROVISIONS.
(a) SEVERABILITY.—If any provision of section 4(a), 5, or 6
of this Act is rendered invalid by the final action of a court,
then all of this Act is invalid. Should any other section of this
Act be rendered invalid by the final action of a court, the remaining
sections of this Act shall remain in full force and effect.
(b) INTERPRETATION CONSISTENT WITH SETTLEMENT AGREE-
MENT.—To the extent possible, this Act shall be construed in a
manner consistent with the Settlement Agreement and the State
Act. In the event of a conflict between the provisions of this Act
and the Settlement Agreement or the State Act, the terms of
this Act shall govern. In the event of a conflict between the State
Act and the Settlement Agreement, the terms of the State Act
shall govern. The Settlement Agreement and the State Act shall
16:47 Oct 14, 1993
VerDate 01-JUL-93
Jkt 059200
PO 00000
Frm 00019
Fmt 6655
Sfmt 6501
E:\BILLS\H2399.ENR
bend06
H. R. 2399—20
be maintained on file and available for public inspection at the
Department of the Interior.
(c) LAWS AND REGULATIONS OF THE UNITED STATES.—The provi-
sions of any Federal law enacted after the date of enactment of
this Act, for the benefit of Indians, Indian nations, tribes, or bands
of Indians, which would affect or preempt the application of the
laws of the State to lands owned by or held in trust for Indians,
or Indian nations, tribes, or bands of Indians, as provided in this
Act and the South Carolina State Implementing Act, shall not
apply within the State of South Carolina, unless such provision
of such subsequently enacted Federal law is specifcally made
applicable within the State of South Carolina.
(d) ELIGIBILITY FOR CONSIDERATION TO BECOME AN ENTERPRISE
ZONE OR GENERAL PURPOSE FOREIGN TRADE ZONE.—Notwithstand-
ing the provisions of any other law or regulation, the Tribe shall
be eligible to become, sponsor and operate (1) an ‘‘enterprise zone’’
pursuant to title VII of the Housing and Community Development
Act of 1987 (42 U.S.C. 11501–11505) or any other applicable Federal
(or State) laws or regulations; or (2) a ‘‘foreign-trade zone’’ or
‘‘subzone’’ pursuant to the Foreign Trade Zones Act of 1934, as
amended (19 U.S.C. 81a–81u) and the regulations thereunder, to
the same extent as other federally recognized Indian Tribes.
(e) GENERAL APPLICABILITY OF STATE LAW.—Consistent with
the provisions of section 4(a)(2), the provisions of South Carolina
Code Annotated, section 27–16–40, and section 19.1 of the Settle-
ment Agreement are approved, ratified, and confirmed by the
United States, and shall be complied with in the same manner
and to the same extent as if they had been enacted into Federal
law.
(f) SUBSEQUENT AMENDMENTS TO THE SETTLEMENT AGREEMENT
OR STATE ACT.—Consent is hereby given to the Tribe and the
State to amend the Settlement Agreement and the State Act if
consent to such amendment is given by both the State and the
Tribe, and if such amendment relates to—
(1) the jurisdiction, enforcement, or application of civil,
criminal, regulatory, or tax laws of the Tribe and the State;
(2) the allocation or determination of governmental respon-
sibility of the State and the Tribe over specified subject matters
or specified geographical areas, or both, including provision
for concurrent jurisdiction between the State and the Tribe;
(3) the allocation of jurisdiction between the tribal courts
and the State courts; or
(4) technical and other corrections and revisions to conform
the State Act and the Agreement in Principle attached to
the State Act to the Settlement Agreement.
SEC. 16. TAX TREATMENT OF INCOME AND TRANSACTIONS.
Notwithstanding any provision of the State Act, the Settlement
Agreement, or this Act (including any amendment made under
section 15(f)), nothing in this Act, the State Act, or the Settlement
Agreement—
(1) shall amend or alter the Internal Revenue Code of
1986, as amended, or any rules or regulations promulgated
thereunder, or
(2) shall affect the treatment under such Code of any
person or transaction other than by reason of the restoration
16:47 Oct 14, 1993
VerDate 01-JUL-93
Jkt 059200
PO 00000
Frm 00020
Fmt 6655
Sfmt 6501
E:\BILLS\H2399.ENR
bend06
H. R. 2399—21
of the trust relationship between the United States and the
Tribe.
SEC. 17. EFFECTIVE DATE.
Except for sections 7, 8, and 12, the provisions of this Act
shall become effective upon the transfer of the Existing Reservation
under section 12 to the Secretary.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
16:47 Oct 14, 1993
VerDate 01-JUL-93
Jkt 059200
PO 00000
Frm 00021
Fmt 6655
Sfmt 6501
E:\BILLS\H2399.ENR
bend06