Catawba Indian Tribe of South Carolina land Claims Settlement Act of 1993
PL 103-116 (H.R.2399), enacted 10/27/1993

107 STAT. 1118 
PUBLIC LAW 103-116—OCT. 27, 1993 
Public Law 108-116 
103d Congress 
An Act 
Oct 27 1993 
'^° 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 
[H.R. 2399] 
^ ^ tjjg Tribe, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Catawba Indian 
the United States of America in Congress assembled. 
Tribe of South 
' 
^ 
' 
Carolina Land 
SECTION 1. SHORT TITLE. 
Settlement Act 
This Act may be cited as the "Catawba Indian Tribe of South 
of 1993. 
Carolina Land Claims Settlement Act of 1993". 
25 use 941 note. 
25 use 941. 
SEC. 2. DECLARATION OF POUCY, CONGRESSIONAL FINDINGS AND 
PURPOSE. 
(a) FINDINGS.—^The Congress declares and finds that: 
(1) It is the policy of the United States to promote tribal 
self-determination ana economic self-sufficiency and to support 
the resolution of disputes over historical claims through settle-
ments 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 imder 
Federal law. 
(3) The Catawba Indian Tribe initiated a related lawsuit 
against the United States in the United States Court of Federal 
Claims seeking monetary damages. 
(4) Some of the significeuit 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 guarantees of being quietly settled on a 144,000-acre 
reservation. 
(B) The Tribe's district court suit contended that in 
1840 the Tribe and the State entered into an agreement 
without Federal approval or participation whereby the 
Tribe ceded its treaty reservation to the State, thereby 
giving rise to the Tribe's claim that it was dispossessed 
of its lands in violation of Federal law. 
(C) In 1943, the United States entered into an agree-
ment with the Tribe and the State to provide services 
to the Tribe and its members. 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. 
PUBLIC LAW 103-116—OCT. 27, 1993 
107 STAT. 1119 
(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 obligation under 
the 1943 agreement and agree to Federcd legislation termi-
nating the Federal trust relationship and liquidating the 
1943 reservation, 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 decisions 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, includ-
ing 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 economically and socially damaging controversies; pro-
long imcertcdnty as to the ownership of property; and seriouslv 
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 limitotion 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 lawsmts and to derive certain benefits. The parties' Settle-
ment Agreement constitutes a good faith effort to resolve these 
lawsuits and other claims and requires implementing legisla-
tion by the Congress of the United Stetes, the Greneral Assembly 
of the Stete 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 terminated Indian Tribes, 
and in recognition of the United Stetes obligation to the Tribe 
and the Federal policy of settling historical Indian claims 
through comprehensive settlement agreemente, it is appropriate 
that the United Stetes participate in the funding and 
implementetion of the Settlement Agreement. 
(b) PURPOSE.—It is the purpose of this Act— 
(1) to approve, ratify, and confirm the Settlement Agree-
ment entered into by the non-Indian settlement parties and 
the Tribe, except as otherwise provided by this Act; 
(2) to authorize and direct the Secretary to implement 
the terms of such Settlement Agreement; 
(3) to authorize the actions and appropriations necessary 
to implement the provisions of the Settlement Agreement and 
this Act; 
107 STAT. 1120 
PUBLIC LAW 103-116—OCT. 27, 1993 
(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. 
25 u s e 941a. 
SEC. 3. DEFINITIONS. 
For purposes of this Act: 
(1) The term "Tribe" means the Catawba Indian Tribe 
of South Carolina as constituted in aboriginal 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 or Nation Ford in 1840, and which was the subject 
of the Termination Act, and all predecessors and successors 
in interest, including the Catawba Indian Tribe of South Caro-
lina, Inc. 
(2) The term "claim" or "claims" means any claim which 
was asserted by the Tribe in either Suit, 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 deunages, or of hunting, fishing or other rights 
to natural resources, if such claim is based upon aborigmal 
title, recognized title, or title by grant, patent, or treaty includ-
ing 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 executive 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 County Deed Book N, pp. 340-341. 
(5) The term "General Coimcil" 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 cur-
rently members of the Tribe or who are enrolled in accordance 
with this Act. 
(7) The term "Reservation" or "Expanded Reservation" 
means the Existing Reservation and the lands added to the 
Existing Reservation in accordance with section 12 of this Act, 
which are to be held in trust by the Secretary in accordance 
with this Act. 
(8) The term "Secretar}^" 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, Rutherford, and Union coimties in the State of 
North Carolina. 
^ 
(10) The term "Settlement Agreement" means the document 
entitled "Agreement in Principle" between 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 
Carolina, as amended to conform to this Act and printed in 
the Con^ssional Record. 
(11) The term "State" means, except for section 6 (a) 
through (f), the State of South Carolina. 
PUBLIC LAW 103-116—OCT. 27, 1993 
107 STAT. 112L 
(12) The term "State Act" means the Act enacted into 
law by the State of South Carolina on Jime 14, 1993, and 
codified as S.C. Code Ann., sections 27-16^10 through 27-
16-140, to implement the Settlement Agreement. 
(13) The term "Suit" or "Suits" means Catawba 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 
Catawba 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 mem-
bers 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 Umited to) 
any voluntary or involuntary sale, grant, lease, allotment, parti-
tion, 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 resulted in a 
change in title to, possession of, dominion over, or control 
of land, water, minerals, timber, or other natural resources. 
(16) The term "Trust Fimds" means the trust funds estab-
lished by section 11 of this Act. 
SEC. 4. RESTORATION OF FEDERAL TRUST RELATIONSHIP. 
25 USC 941b. 
(a) RESTORATION OF THE FEDERAL TRUST RELATIONSHIP AND 
APPROVAL, RATIFICATION, AND CONFIRMATION 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 effec-
tuate 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) EuGiBiUTY FOR FEDERAL BENEFITS AND SERVICES.—Not-
withstanding any other provision of law, on the effective date of 
this Act, the Tribe and the Members shall be eligible for all benefits 
and services furnished to federally recognized Indian tribes and 
their members because of their status aa Indians. On the effective 
date of this Act, the Secretary shall enter the Tribe on the list 
of federally recognized bands and tribes maintained bv the Depart-
ment of the Interior; and its members shall be eligible 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 eligible 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 Termination Act is 
25 use 931-938. 
repealed. 
107 STAT. 1122 
PUBLIC LAW 103-116—OCT. 27, 1993 
(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 tne 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. 
25 use 941c. 
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. Fimds 
transferred to the l^cretary from other sources shall be deposited 
in the trust funds established pursuant to section 11 of this Act 
or p£dd piirsuant 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 Secretarv 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 mnds pursuant to section 6(g) of this 
Act. 
c 
(d) NONPAYMENT OF STATE, LOCAL, OR PRIVATE CONTRIBU-
TIONS.—^The Secretary shall not be accoimtable or incur anv liability 
for the collection, deposit, or management of the non-Feaeral 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. 
25 USE 941D. 
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 m 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 Federcd 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 
PUBLIC LAW 103-116—OCT. 27, 1993 
107 STAT. 1123 
may involve land or natural resources to which the Tribe, any 
of its Members, or an^^one purporting to be a Member, or an^ 
other Indian, Indian nation, or Tribe or oand 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 
therebv, 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 uiereof 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 
Umitetion 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 transter 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, 
O
R EFFECT O
N 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 
107 STAT. 1124 
PUBLIC LAW 103-116—OCT. 27, 1993 
25 use 941e. 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
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 pajrments 
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 shoidd 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 statmg— 
(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 Feoruary 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 generid circulation in 
the Tribe's service area, a proposed final base membership roll 
PUBLIC LAW 103-116—OCT. 27, 1993 
107 STAT. 1125 
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 oi 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 Secretaiy 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 Tribes service area, and shall be final for purposes 
of the distribution of funds from the Per Capita Trust Fund estab-
lished imder section 11(h). 
(d) FUTURE MEMBERSHIP IN THE TiuBE.^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. 
25 USC 941f. 
(a) FUTURE TRIBAI. 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 ofiElcers 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. 
25 USC 941g. 
(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 
107 STAT. 1126 
PUBLIC LAW 103-116—OCT. 27, 1993 
draft and ^distribute to each Member eligible to vote under the 
tribal constitution in effect on the effective date of this Act, a 
proposed constitution and bylaws for the Tribe together with a 
brief, impartial description of the proposed constitution and bylaws 
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 secret-ballot election to adopt a new 
constitution and bylaws. 
(c) MAJORITY VOTE FOR ADOPTION; PROCEDURE IN EVENT OP 
FAILURE To ADOPT PROPOSED CONSTITUTION.—(1) The tribal con-
stitution and bylaws shall be ratified and adopted i
f
— 
(A) not less than 30 percent of those entitled to vote do 
vote; and 
(B) approved by a mtgority of those actually voting. 
(2) If in any such election such majority does not approve 
the adoption of the proposed constitution and bylaws, the Executive 
Committee shall prepare another proposed 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 bylaws failed of adop-
tion. 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 subsection (b) for the election on the first proposed 
constitution 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 Wlaws. 
Subsequent elections shall be held in accordance with the Tribe's 
constitution and bylaws. 
(e) EXTENSION OF TIME.—^Any time periods prescribed in sub-
sections (b) and (c) may be altered by written agreement between 
the Executive Committee and the Secretary. 
25 USE 941H. 
SEC. 10. ADMINISTRATIVE PROVISIONS RELATING TO JURISDICTION, 
TAXATION, AND OTHER MATTERS. 
In the administration of this Act: 
(1) All matters involving tribal powers, immunities, and 
jurisdiction, whether criminal, civil, or regulatory, shall be gov-
erned by the terms and provisions 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 environmental regulation and 
riparian rights) shall be governed by the terms and provisions 
01 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 otherwise pro-
vided 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 pro-
vided in the Settlement Agreement. 
(4) Whether or not the Tribe, under section 9(a), elects 
to organize imder the Act of June 18, 1934, the Tribe, in 
any constitution adopted by the Tribe, may be authorized to 
PUBLIC LAW 103-116—OCT. 27, 1993 
107 STAT. 1127 
exercise such authority as is consistent with the Settlement 
Agreement and the State Act. 
(5) In no event may the Tribe pledge or hypothecate 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 In(U£in Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.) shall apply to the Tribe except 
to the extent that such application may be inconsistent with 
this Act or the Settlement Agreement. 
SEC. 11. TRIBAL TRUST FUNDS. 
25 USC 941i. 
(a) PURPOSES OF 'irRUsr 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, edu-
cation, social services and elderly assistance, and per capita pay-
ments. Except as provided in this section, the Tribe, in consultation 
with the Secreta^, shall determine the share of settlement pay-
ments 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 administering 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 consulta-
tion with and subject to the approval of the Secretary, as set 
forth in this section, is authorized to place any of the Trust Fimds 
under professional management, outside the Department of the 
Interior. 
(2) If the Tribe elects to place any of the Trust Funds under 
professional management outside the Department of the Interior, 
it may engage a consulting or advisory firm to assist in the selection 
of £ui independent professional investment management firm, and 
it shall engage, 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 selected 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 management 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 Secretarjr's reasons for such 
disapproval. 
(5XA) For funds placed imder professional management, the 
Tribe, in consultation with the Secretary and its investment man-
ager, shall develop— 
(i) current operating and long-term capital budgets; and 
(ii) a plan for managing, investing, and distributing income 
and princip£d from the Trust Funds to match the requirements 
of the Tribe's operating and capital budgets. 
107 STAT. 1128 
PUBLIC LAW 103-116—OCT. 27, 1993 
(B) For each Trust Fund which the Tribe elects to place under 
outside professional management, the investment plan shall provide 
for investment of Trust Fund assets 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 independent investment management firm. 
(C) Distributions from each Trust Fund shall not exceed the 
limits on the use of principal and income imposed by the applicable 
provisions of this Act for that particular Trust Fund. 
(DXi) The Tribe's investment management plan shall not 
become effective imtil 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 approve 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 unreasonably 
withheld and any secretarial rejection of the plan shall be accom-
panied by a detailed explanation setting forth the Secretar/s rea-
sons for rejecting the plan. 
(E) Until the selection of an established investment manage-
ment firm of proven competence and experience, the Tribe shall 
rely on the management, investment, and administration of the 
Trust Funds by the Secretary piirsuant to the provisions of this 
section. 
(c) TRANSFER OF TRUST FUNDS; EXCULPATION OF SECRETARY.— 
Upon the Secretary's approval of the Tribe's investment manage-
ment firm and an investment management plan, all funds pre-
viously 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 accoimts estab-
lished by an investment management firm in accordance with the 
approved investment management plan. The Secretary shall be 
exculpated by the Tribe from liability for any loss of principal 
or interest resulting from investment decisions made by the invest-
ment management firm. Any Trust Fund transferred to an invest-
ment management firm shall be returned to the Secretary upon 
written request 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 Fiuid, and until 
the Tribe engages an outside firm for investment management 
of this trust fimd, the Secretary shall manage, invest, and admin-
ister this trust fund. The original principal amount of the Land 
Acquisition 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 development of Reservation 
and non-Reservation land pursuant to the Settlement Agreement, 
costs related to land acquisition, and costs of construction of infra-
structure and development of the Reservation and non-Reservation 
land. 
(3XA) Upon acquisition of the maximum amount of land allowed 
for expansion of the Reservation, or upon request of the Tribe 
£uid approval of the Secretary pursuant to the Secretarial approved 
provisions set forth in subsection (bX5XD) of this section, all or 
part of the balance of this trust fund may be merged into one 
PUBLIC LAW 103-116—OCT. 27, 1993 
107 STAT. 1129 
or more of the Economic Development Trust Fund, the Education 
Trust Fund, or the Social Services and Elderly Assistance Trust 
Fimd. 
(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-Reserva-
tion land. 
(4XA) The Tribe may pledge or hypothecate the income 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 before the 
final annual disbursement is made as provided in section 5 of 
this Act, the Tribe ma^ pledge or hypothecate up to 50 percent 
of the unpaid annual installments required to be paid to this 
Trust Fund, the Economic Develomnent Trust Fund and the Social 
Services and Elderly Assistance Trust Fund by section 5 of this 
Act c nd 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 Secretary shall 
establish and maintain a Catawba Economic Development Trust 
Fund, and until the Tritte 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 principal and 
income of this Trust Fund may be used to support tribal economic 
development activities, including but not limited to infrastructure 
improvements and tribal business ventures and commercial invest-
ments 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 Secretanr shall agree on rules and standards for 
the invasion of principal and for repayment or restoration of prin-
cipal, which shall encourage preservation of principal, and provide 
that, if feasible, a portion of all profits derived from activities 
funded bv principal be applied to repavment of the Trust Fimd. 
(3) Following the effective date of this Act and before the 
final annual disbursement is made as provided in section 5 of 
this Act, the Tribe may pledge or hypouiecate up to 50 percent 
of the unpaid annual installments required to be paid by section 
5 of this Act and by scsction 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 approved 
by the Secretary, a portion of the income nrom 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 establish and main-
tain a Catawba Education Trust Fund, and until the Tribe engages 
cm outside firm for investment management of this Trust Fimd, 
the Secretary shall manage, invest, and administer this Trust Fund. 
107 STAT. 1130 
PUBLIC LAW 103-116—OCT. 27, 1993 
The original principal amount of this Trust Fund shall be deter-
mined 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 Va of all State, local, 
and private contributions made pursuant to the Settlement Agree-
ment 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 
Fimd, nor shall it be pledged or encumbered as security. 
(g) SOCIAL SERVICES A
N
D ELDERLY ASSISTANCE TRUST.—(1) The 
Secretary shall establish and maintain a Catawba Social Services 
and Elderly Assistance Trust Fund and, imtil the Tribe engages 
an outside firm for investment management of this Trust Fund, 
the Secretary shall manage, invest, and administer the Social Serv-
ices 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 Tbrust Fund shall be periodically distrib-
uted 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 preservation, burial and cemetery maintenance, and oper-
ation 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 amoimt equal to 15 percent of the settlement funds paid 
pursuant to section 5 of the Settlement Agreement. Until the IVibe 
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 Uie 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 determined 
by dividing the trust principal and any accrued interest thereon 
by the number of Members on the final base membership roll. 
(4XA) 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 payment 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 Fimd 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. 
(B) The pro rata share of adiilt Members who elect not to 
withdraw their payment 
firom 
this Trust Fund shall be managed, 
invested and aoministered, together with the fiuids of Members 
who have not attcdned the age of 21 yeaiB on the date the final 
base membership roll is published, until such Member requests 
in writing that their pro rata share be distributed, at which time 
such Member's pro rata share shall be paid, together with the 
PUBLIC LAW 103-116—OCT. 27, 1993 
107 STAT. 1131 
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 managed 
by this Trust Fund for a period of more than 21 years after the 
date of publication of the final base membership roll. 
(5)(A) Subject to the provisions of this paragraph, the pro 
rata share of any Member who has not attained the age of 21 
years on the date the final base membership roll is published 
shall be managed, invested and administered pursuant to the provi-
sions of this section until such Member has attained the age of 
21 years, at which time such Member'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 payment. Such Members 
shall be paid their pro rata share of this Trust Fund on the 
date they attain 21 years of age unless they elect in writing 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 published, until such Member requests 
in writing that their pro rata share be distributed, at which time 
such Member'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 pajonents, this Trust Fund shall terminate, 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 Elderly 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 income between Trust Funds 
only as follows: 
(1) Funds may be transferred among the Catawba Economic 
Development Trust Fund, the Catawba Land Acquisition Trust 
Fund, and the Catawba Social Services and Elderly Assistance 
Trust Fimd, 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) Anv Trust Fund, except for the Catawba Education 
Trust Fund, may be dissolved by a vote of two-thirds of those 
107 STAT. 1132 
PUBLIC LAW 103-116—OCT. 27, 1993 
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 transferrea 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 transferrkl or used for any non-educational 
purposes. 
(3) The dissolution of any Trust Fimd shall require the 
approval of the Secretaiv pursuant to the Secretarial approval 
provisions set forth in suDsection (bX5XD) of tMs section. 
(k) TRUST FUND ACCOUNTING.—(1) The Secretary shall account 
to the Tribe periodically, and at least annually, for all Catawba 
Trust Funds being managed and administered 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 diuing the period, distinguishing 
current income and capital gains; 
(C) indicate dates and amounts of distributions to the Tribe, 
separately distinguishing current income, accumulated income, 
and distributions of principal; and 
(D) identify any invasions or repayments of principal during 
the relevant period and record provisions the Tribe has made 
for repayment or restoration of principal. 
(2XA) Ally outside investment management firm engaged by 
the Tribe shall account to-the Tribe and separately to the Secretary 
at periodic intervals, at least quarterly. 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, accumulated income, and 
distributions of principal; and 
(iv) identify any mvasions or repayments of principal dur-
ing the relevant period and record provisions uie Tribe has 
made for repayment or restoration of principal. 
(B) Prior to distributing principal from any Trust Fund, the 
investment management firm shall notify the Secretary of the pro-
posed distribution and the Tribe's proposed use of such funds, 
following procedures to be agreed upon by the investment manage-
ment firm, the Secretary, and the Tribe. The Secretary shall have 
15 day^ within which to object in writing to any such invasion 
of principal. Failure to object will be deemed approval of the 
distribution. 
(C) All Trust Funds held and managed by any investment 
management firm shall be audited annually by a certified pubUc 
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. 
(1) REPLACEMENT OF INVESTMENT MANAGEMENT FIRM AND 
MODIFICATION OF INVESTMENT MANAGEMENT PLAN.—The Tribe 
shall not replace the investment management firm approved by 
the Secretary without prior written notification to the Secretary 
and approved by the Secretary of any investment management 
PUBLIC LAW 103-116—OCT. 27, 1993 
107 STAT. 1133 
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 (bX5XD) of this section. 
Trie Tribe and its investment management firm shall also notify 
the Secretary in writing of any revisions in the investment manage-
ment plan wnich materially increase investment risk or significantly 
change the investment management plan, or the agreement, made 
in consultation 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 afiiect the eligibility of the Tribe or its 
Members for, or be used as a basis for den3dng 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 
matehing funds, where appropriate, for Federal grants or loans. 
SEC. 12. ESTABLISHMENT OF EXPANDED RESERVATION. 
25 USC 941j. 
(a) EXISTING RESERVATION.—The Secretary is authorized to 
receive from the State, by such transfer document as the Secretary 
and the State shall approve, all rights, title, and interests of the 
State in and to the Existing Reservation to be held by the United 
States as trustee for the Tnbe, 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 enactment of 
this Act, the Secretary, after consulting with the Tribe, shall 
ascertain the boundaries and area of the existing reservation. In 
addition, the Secretary, after consulting with the Tnbe, shall engage 
a professional land planning firm as provided in the Settlement 
A^eement. The Secretary shall bear the cost of all services rendered 
pursuant to this section. 
(3) The Tribe may identify, purchase and request that the 
Secretary place into reservation status, tracts of lands in the man-
ner prescribed by the Settlement Agreement. 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 compliance with the Settlement Agreement, including section 
14 thereof. 
(4) The Secretary shall bear the cost of all title examinations, 
preliminary subsurface soil investigations, and level one environ-
mental audits to be performed on each parcel contemplated for 
purchase by the Tribe or the Secretary for the Expanded Reserva-
tion, and shall report the results to the Tribe. The Secretar/s 
or the Tribe's payment of any option fee and the purchasd: 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 Reservation, 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 enlarged by an additional 600 acres as set forth in 
the Settlement Agreement. 
107 STAT. 1134 
PUBLIC LAW 103-116—OCT. 27, 1993 
(6) All Ituids 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 fulnll 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 acauire contiguous tracts for the 
Expanded Reservation in the "Catawoa 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 m ^ 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 Secretaiy or any govemmentcd 
authority in acquiring parcels of land for tne benefit of the Tribe, 
whether or not the parcels are to be part of the Reservation. 
All such purchases snail 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 imder 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 A^pi-eement. The Tribe and 
the Secretary, acting on behalf of the Tnbe and with its consent. 
PUBLIC LAW 103-116—OCT. 27, 1993 
107 STAT. 1135 
are also authorized to acouire Reservation and non-Reservation 
lands using the methods of financing described in the Settlement 
Agreement. 
(g) AUTHORITY TO ERECT PERMANENT IMPROVEMENTS ON EXIST-
ING A
N
D 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 anv deed or other instrument which conveys to the United 
States lands purchased pursuant to the provisions of this section 
and the Settlement Agreement. The Secretanr 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. 
(2XA) The Tnbe, with the approval of the Secretary, shaU 
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 suDject 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 SI'ATUS.—Only land made part of the Res-
ervation shall be governed by the special jiuisdictional provisions 
set forth in the Settlement Agreement and tne State Act. 
(j) SALE AND TRANSFER OF RESERVATION LANDS.—With the 
approval of the Secretar^^, 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 frova. 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. 
(1) 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 exculpate by 
107 STAT. 1136 
PUBLIC LAW 103-116—OCT. 27, 1993 
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 B I A 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. 
25 use 941k. 
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). 
25 use 941/. 
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. 
25 use 941m. 
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 Stete Act shall 
PUBLIC LAW 103-116—OCT. 27, 1993 
107 STAT. 1137 
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 2k)NE.—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 thereimder, to 
the same extent as other federally recognized Indian Tribes. 
(e) GENERAL APPLICABILITY OF STATE LAW.—Consistent with 
the provisions of section 4(aX2), the provisions of South Carolina 
Code Annotated, section 27-1&--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 
O
R 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 t o ^ 
(1) the jurisdiction, enforcement, or application of civil, 
criminal, regulatory, or tax laws of the Tribe and the State; 
(2) tiie cdlocation 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 TRANSACTION& 
25 USC 941n. 
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 promiilgated 
thereunder, or 
(2) shall affect the treatment under such Code of any 
person or transaction other than by reason of the restoration 
107 STAT. 1138 
PUBLIC LAW 103-116—OCT. 27, 1993 
of the trust relationship between the United States and the 
Tribe. 
25 u s e 941 note. 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. 
Approved October 27, 1993. 
LEGISLATIVE HISTORY—H.R. 2399 (S. 1156): 
HOUSE REPORTS: No. 103-257, Pt. 1 (Comm. on Natural Resources). 
SENATE REPORTS: No. 103-124 accompanying S. 1156 (Select Comm. on Indian 
Affairs). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
Aug. 6, S. 1156 considered and passed Senate. 
Sept. 27, H.R. 2399 considered and passed House. 
Oct. 5, considered and passed Senate, amended. 
Oct. 12, House concurred in Senate amendments.