[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2399 Enrolled Bill (ENR)]

        H.R.2399
                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
  the fifth day of January, one thousand nine hundred and ninety-three


                                 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 Representatives 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 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 and economic self-sufficiency 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 related 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 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 agreement 
        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.
            (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 Federal legislation terminating 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, 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 economically and 
    socially damaging controversies; prolong 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 lawsuits 
    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 terminated Indian Tribes, and in 
    recognition of the United States obligation to the Tribe and the 
    Federal 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 Settlement Agreement 
    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;
        (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 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 of 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 Carolina, 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 
    damages, or of hunting, fishing or other rights to natural 
    resources, if such claim is based upon aboriginal title, recognized 
    title, or title by grant, patent, or treaty including the Treaty of 
    Pine Tree Hill of 1760, the Treaty of Augusta of 1763, or the Treaty 
    of Nation Ford of 1840.
        (3) The term ``Executive Committee'' means the body of the Tribe 
    composed of the Tribe's 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 Council'' means the membership of the 
    Tribe convened as the Tribe's governing body for the purpose of 
    conducting tribal business pursuant to the Tribe's constitution.
        (6) The term ``Member'' means individuals who are currently 
    members of the Tribe or who are 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 ``Secretary'' means the Secretary of the Interior.
        (9) The term ``service area'' means the area composed of the 
    State of South Carolina and Cabarrus, Cleveland, Gaston, 
    Mecklenburg, Rutherford, and Union counties 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 Congressional 
    Record.
        (11) The term ``State'' means, except for section 6 (a) through 
    (f), the State of South Carolina.
        (12) The term ``State Act'' means the Act enacted into law by 
    the State of South Carolina on June 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 members of the Tribe and 
    for other purposes'', approved September 21, 1959 (73 Stat. 592; 25 
    U.S.C. 931-938).
        (15) The term ``transfer'' includes (but is not limited to) any 
    voluntary or involuntary sale, grant, lease, allotment, partition, 
    or other conveyance; any transaction the purpose of which was to 
    effect a sale, grant, lease, allotment, partition, or conveyance; 
    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 Funds'' means the trust funds established 
    by section 11 of this Act.

SEC. 4. RESTORATION OF FEDERAL TRUST RELATIONSHIP.

    (a) Restoration of the Federal Trust 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 effectuate the 
    purposes of this Act, and shall be complied with in the same manner 
    and to the same extent as if they had been enacted into Federal law.
    (b) Eligibility for Federal Benefits and Services.--Notwithstanding 
any other provision of law, on the effective date of this Act, the Tribe 
and the Members shall be eligible for all benefits and services 
furnished to federally recognized Indian tribes and their members 
because of their status as Indians. On the effective date of this Act, 
the Secretary shall enter the Tribe on the list of federally recognized 
bands and tribes maintained by the Department of the Interior; and its 
members shall be 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 repealed.
    (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 Agreement.--The 
Federal funds appropriated pursuant to this Act shall be disbursed in 
four equal annual installments of $8,000,000 beginning in the fiscal 
year following enactment of this Act. Funds transferred to the Secretary 
from other sources shall be deposited in the trust funds established 
pursuant to section 11 of this Act or paid pursuant to section 6(g) 
within 30 days of receipt by the Secretary.
    (c) Federal, State, Local and Private 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 Contributions.--The 
Secretary shall not be accountable or incur any liability for the 
collection, deposit, or management of the non-Federal contributions made 
pursuant to section 5.2 of the Settlement Agreement, or payment of such 
funds pursuant to section 6(g) of this Act, until such time as such 
funds are received by the Secretary.
SEC. 6. RATIFICATION OF PRIOR TRANSFERS; EXTINGUISHMENT OF ABORIGINAL 
TITLE, RIGHTS AND CLAIMS.
    (a) Ratification of Transfers.--Any transfer of land or natural 
resources located anywhere within the United States from, by, or on 
behalf of the Tribe, any one or more of its Members, or anyone 
purporting to be a Member, including but without limitation any transfer 
pursuant to any treaty, compact, or statute of any State, shall be 
deemed to have been made in accordance with the Constitution and all 
laws of the United States, and Congress hereby approves and ratifies any 
such transfer effective as of the date of such transfer. Nothing in this 
section shall be construed to affect, eliminate, or revive the personal 
claim of any individual Member (except for any Federal common law fraud 
claim) which is pursued under any law of general applicability that 
protects non-Indians as well as Indians.
    (b) Aboriginal Title.--To the extent that any transfer of land or 
natural resources described in subsection (a) of this section 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 aboriginal 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 subdivision 
thereof, or any other person or entity, by the Tribe, any of its 
Members, or anyone purporting to be a Member, or any predecessors or 
successors in interest thereof or any other Indian, 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 occupancy, shall be deemed extinguished as 
of the date of the transfer.
    (d) Extinguishment of Title.--(1) All claims and all right, title, 
and interest that the Tribe, its Members, or any person or group of 
persons purporting to be 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 aboriginal or treaty 
recognized title, and all trespass damages and other damages associated 
with use, occupancy or possession, or entry upon such lands.
    (e) Bar to Future Claims.--The United States is hereby barred from 
asserting by or on behalf of the Tribe or any of its Members, or anyone 
purporting to be a 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 beneficial right or interest any such Member 
may own individually and not as a Member of the Tribe.
    (g) Costs and Attorneys' Fees.--The parties to the Suits shall bear 
their own costs and attorneys' fees. As provided by section 6.4 of the 
Settlement Agreement, the Secretary shall pay to the Tribe's attorneys 
in the Suits attorneys' fees and expenses from, and not to exceed 10 
percent of, the $50,000,000 obligated for payment to the Tribe by 
Federal, State, local, and private parties 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 
applicability (other than Federal common law fraud) that protects non-
Indians as well as Indians.
    (i) Federal Payment.--In the event any of the Federal payments are 
not paid as set forth in section 5, such failure to pay shall give rise 
to a cause of action by the Tribe against the United States for money 
damages for the amount authorized to be paid to the Tribe in 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 Secretary 
    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 criteria 
    used to compile the roll referred to in paragraph (1), that the 
    individual should have been included on the membership roll at that 
    time, but was not; or
        (3) is a lineal descendant of a Member whose name appeared or 
    should have appeared on the membership roll referred to in paragraph 
    (1).
    (b) Base Membership Roll Notice.--Within 90 days after the enactment 
of this Act, the Secretary shall publish in the Federal Register, and in 
three newspapers of general circulation in the Tribe's service area, a 
notice stating--
        (1) that a base membership roll is being 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 Executive 
    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 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 
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 circulation in the Tribe's 
service area, and shall be final for purposes of the distribution of 
funds from the Per Capita Trust Fund established under section 11(h).
    (d) Future Membership in the Tribe.--The Tribe shall have the right 
to determine future membership in the Tribe; however, in no event may an 
individual be enrolled as a tribal member unless the individual is a 
lineal descendant of a person on the final base membership roll and has 
continued to maintain political relations with the Tribe.

SEC. 8. TRANSITIONAL AND PROVISIONAL GOVERNMENT.

    (a) Future Tribal Government.--The Tribe shall adopt a new 
constitution within 24 months after the effective date of this Act.
    (b) Executive Committee as Transitional Body.--(1) Until the Tribe 
has adopted a constitution, the existing tribal constitution shall 
remain in effect and the Executive Committee is recognized as the 
provisional and transitional governing body of the Tribe. Until an 
election of tribal officers under the new constitution, the Executive 
Committee shall--
        (A) represent the Tribe and its Members in the implementation of 
    this Act; and
        (B) during such period--
            (i) have full authority to enter into 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 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 of Failure To 
Adopt Proposed Constitution.--(1) The tribal constitution and bylaws 
shall be ratified and adopted if--
        (A) not less than 30 percent of those entitled to vote do vote; 
    and
        (B) approved by a majority of those actually voting.
    (2) If in any such election such majority does not 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 adoption. An election on the question 
of the adoption of the new proposal of the Executive Committee shall be 
conducted in the same manner provided in 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 bylaws. Subsequent 
elections shall be held in accordance with the Tribe's constitution and 
bylaws.
    (e) Extension of Time.--Any time periods prescribed in subsections 
(b) and (c) may be altered by written agreement between the Executive 
Committee and the Secretary.
  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 
    governed 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 of the Settlement 
    Agreement and the State Act, including, but not limited to, section 
    17 of the Settlement Agreement and section 27-16-120 of the State 
    Act, unless otherwise provided in this Act.
        (3) The Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et 
    seq.) shall apply to Catawba Indian children except as provided in 
    the Settlement Agreement.
        (4) Whether or not the Tribe, under section 9(a), elects to 
    organize under the Act of June 18, 1934, the Tribe, in any 
    constitution adopted by the Tribe, may be authorized to exercise 
    such authority as is consistent with the Settlement Agreement and 
    the State Act.
        (5) In no event may the Tribe pledge or 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 Indian Self-Determination and Education Assistance 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.

    (a) Purposes of Trust Funds.--All funds paid pursuant to section 5 
of this Act, except for payments made pursuant to section 6(g), shall be 
deposited with the Secretary in trust for the benefit of the Tribe. 
Separate trust funds shall be established for the following purposes: 
economic development, land acquisition, education, social services and 
elderly assistance, and per capita payments. Except as provided in this 
section, the Tribe, in consultation with the Secretary, shall determine 
the share of settlement payments to be deposited in each Trust Fund, and 
define, consistently with the provisions of this section, the purposes 
of each Trust Fund and provisions for 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 consultation with 
and subject to the approval of the Secretary, as set forth in this 
section, is authorized to place any of the Trust Funds under 
professional 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 an 
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 Secretary's reasons for such disapproval.
    (5)(A) For funds placed under professional management, the Tribe, in 
consultation with the Secretary and its investment manager, shall 
develop--
        (i) current operating and long-term capital budgets; and
        (ii) a plan for managing, investing, and distributing income and 
    principal from the Trust Funds to match the requirements of the 
    Tribe's operating and capital budgets.
    (B) For each Trust Fund which the Tribe elects to place under 
outside professional management, the 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.
    (D)(i) The Tribe's investment management plan shall not become 
effective until approved by the Secretary.
    (ii) Upon submission of the plan by the Tribe to the Secretary for 
approval, the Secretary shall have 45 days to approve or reject the 
plan. If the Secretary fails to 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 accompanied 
by a detailed explanation setting forth the Secretary's reasons for 
rejecting the plan.
    (E) Until the selection of an established investment management firm 
of proven competence and experience, the Tribe shall rely on the 
management, investment, and administration of the Trust Funds by the 
Secretary pursuant to the provisions of this section.
    (c) Transfer of Trust Funds; Exculpation of Secretary.--Upon the 
Secretary's approval of the Tribe's investment management firm and an 
investment management plan, all funds previously deposited in trust 
funds held by the Secretary and all funds subsequently paid into the 
trust funds, which are chosen for outside management, shall be 
transferred to the accounts established 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 
investment management firm. Any Trust Fund transferred to an investment 
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 Fund, and until the Tribe 
engages an outside firm for investment management of this trust fund, 
the Secretary shall manage, invest, and administer this trust fund. The 
original principal amount of the Land Acquisition Trust Fund shall be 
determined by the Tribe in consultation 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 infrastructure and 
development of the Reservation and non-Reservation land.
    (3)(A) Upon acquisition of the maximum amount of land allowed for 
expansion of the Reservation, or upon request of the Tribe and approval 
of the Secretary pursuant to the Secretarial approval provisions set 
forth in subsection (b)(5)(D) of this section, all or part of the 
balance of this trust fund may be merged into one or more of the 
Economic Development Trust Fund, the Education Trust Fund, or the Social 
Services and Elderly Assistance Trust Fund.
    (B) Alternatively, at the Tribe's election, the Land Acquisition 
Trust Fund may remain in existence after all the Reservation land is 
purchased in order to pay for the purchase of non-Reservation land.
    (4)(A) The Tribe may pledge or hypothecate the 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 may pledge or hypothecate up to 50 percent of the unpaid annual 
installments required to be paid to this Trust Fund, the Economic 
Development Trust Fund and the Social Services and Elderly Assistance 
Trust Fund by section 5 of this Act and by section 5 of the Settlement 
Agreement, to secure loans to finance the acquisition of Reservation or 
non-Reservation land or infrastructure improvements on such lands.
    (e) Economic Development Trust.--(1) The Secretary shall establish 
and maintain a Catawba Economic Development Trust Fund, and until the 
Tribe engages an outside firm for investment management of this Trust 
Fund, the Secretary shall manage, invest, and administer this Trust 
Fund. The original principal amount of the Economic Development Trust 
Fund shall be determined by the Tribe in consultation with the 
Secretary. The 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 investments benefiting the Tribe.
    (2) The Tribe, in consultation with the Secretary, may pledge or 
hypothecate future income and up to 50 percent of the principal of this 
Trust Fund to secure loans for economic development. In defining the 
provisions for administration of this Trust Fund, and before pledging or 
hypothecating future income or principal, the Tribe and the Secretary 
shall agree on rules and standards for the invasion of principal and for 
repayment or restoration of principal, which shall encourage 
preservation of principal, and provide that, if feasible, a portion of 
all profits derived from activities funded by principal be applied to 
repayment of the Trust Fund.
    (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 hypothecate up to 50 percent of the unpaid annual 
installments required to be paid by section 5 of this Act and by section 
5 of the Settlement Agreement to secure loans to finance economic 
development activities of the Tribe, including (but not limited to) 
infrastructure improvements on Reservation and non-Reservation lands.
    (4) If the Tribe develops sound lending guidelines approved by the 
Secretary, a portion of the income from this Trust Fund may also be used 
to fund a revolving credit account for loans to support tribal 
businesses or business enterprises of tribal members.
    (f) Education Trust.--The Secretary shall establish and maintain a 
Catawba Education Trust Fund, and until the Tribe engages an outside 
firm for investment management of this Trust Fund, the Secretary shall 
manage, invest, and administer this Trust Fund. The original principal 
amount of this Trust Fund shall be determined by the Tribe in 
consultation with the Secretary; subject to the requirement that upon 
completion of all payments into the Trust Funds, an amount equal to at 
least \1/3\ of all State, local, and private contributions made pursuant 
to the Settlement Agreement shall have been paid into the Education 
Trust Fund. Income from this Trust Fund shall be distributed in a manner 
consistent with the terms of the Settlement Agreement. The principal of 
this Trust Fund shall not be invaded or transferred to any other Trust 
Fund, nor shall it be pledged or encumbered as security.
    (g) Social Services and Elderly Assistance Trust.--(1) The Secretary 
shall establish and maintain a Catawba Social Services and Elderly 
Assistance Trust Fund and, until the Tribe engages an outside firm for 
investment management of this Trust Fund, the Secretary shall manage, 
invest, and administer the Social Services and Elderly Assistance Trust 
Fund. The original principal amount of this Trust Fund shall be 
determined by the Tribe in consultation with the Secretary.
    (2) The income of this Trust Fund shall be periodically distributed 
to the Tribe to support social services programs, including (but not 
limited to) housing, care of elderly, or physically or mentally disabled 
Members, child care, supplemental health care, education, cultural 
preservation, burial and cemetery maintenance, and operation of tribal 
government.
    (3) The Tribe, in consultation with the Secretary, shall establish 
eligibility criteria and procedures to carry out this subsection.
    (h) Per Capita Payment Trust Fund.--(1) The Secretary shall 
establish and maintain a Catawba Per Capita Payment Trust Fund in an 
amount equal to 15 percent of the settlement funds paid pursuant to 
section 5 of the Settlement Agreement. Until the Tribe engages an 
outside firm for investment management of this Trust Fund, the Secretary 
shall manage, invest, and administer the Catawba Per Capita Payment 
Trust Fund.
    (2) Each person (or their estate) whose name appears on the final 
base membership roll of the Tribe published by the Secretary pursuant to 
section 7(c) of this Act will receive a one-time, non-recurring payment 
from this Trust Fund.
    (3) The amount payable to each member shall be determined by 
dividing the trust principal and any accrued interest thereon by the 
number of Members on the final base membership roll.
    (4)(A) Subject to the provisions of this paragraph, each enrolled 
member who has reached the age of 21 years on the date the final roll is 
published shall receive the 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 Fund on the date of distribution unless they elect in 
writing to leave their pro rata share in the Trust Fund, in which case 
such share shall not be distributed.
    (B) The pro rata share of adult 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 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 provisions 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 
payments, 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 Fund, and 
    from any of those three Trust Funds into the Catawba Education Trust 
    Fund; except, that the mandatory share of State, local, and private 
    sector funds invested in the original corpus of the Catawba 
    Education Trust Fund shall not be transferred to any other Trust 
    Fund.
        (2) Any Trust Fund, except for the Catawba Education Trust Fund, 
    may be dissolved by a vote of two-thirds of those Members eligible 
    to vote, and the assets in such Trust Fund shall be transferred to 
    the remaining Trust Funds; except, that (A) no assets shall be 
    transferred from any of the Trust Funds into the Catawba Per Capita 
    Payment Trust Fund, and (B) the mandatory share of State, local and 
    private funds invested in the original corpus of the Catawba 
    Education Trust Fund may not be transferred or used for any non-
    educational purposes.
        (3) The dissolution of any Trust Fund shall require the approval 
    of the Secretary pursuant to the Secretarial approval provisions set 
    forth in subsection (b)(5)(D) of this 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 during 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.
    (2)(A) Any 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 invasions or repayments of principal during 
    the relevant period and record provisions the 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 proposed 
distribution and the Tribe's proposed use of such funds, following 
procedures to be agreed upon by the investment management firm, the 
Secretary, and the Tribe. The Secretary shall have 15 days within which 
to object in writing to any such invasion of 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 public accounting firm 
approved by the Secretary, and a copy of the annual audit shall be 
submitted to the Tribe and to the Secretary within four months following 
the close of the Trust Funds' fiscal year.
    (l) Replacement of Investment Management Firm and Modification of 
Investment Management Plan.--The Tribe shall not replace the investment 
management firm approved by the Secretary without prior written 
notification to the Secretary and approval by the Secretary of any 
investment management firm chosen by the Tribe as a replacement. Such 
Secretarial approval shall be given or denied in accordance with the 
Secretarial approval provisions contained in subsection (b)(5)(D) of 
this section. The Tribe and its investment management firm shall also 
notify the Secretary in writing of any revisions in the investment 
management plan which 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 affect the eligibility of the Tribe or its Members for, or be used 
as a basis for denying or reducing funds to the Tribe or its Members 
under any Federal, State, or local program. Distributions from these 
Trust Funds may be used as matching funds, where appropriate, for 
Federal grants or loans.

SEC. 12. ESTABLISHMENT OF EXPANDED RESERVATION.

    (a) Existing Reservation.--The Secretary is 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 Tribe, and, effective on the date of such transfer, the obligation 
of the State as trustee for the Tribe with respect to such land shall 
cease.
    (b) Expanded Reservation.--(1) The Existing Reservation shall be 
expanded in the manner prescribed by the Settlement Agreement.
    (2) Within 180 days following the date of the 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 Tribe, shall engage a professional 
land planning firm as provided in the Settlement Agreement. 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 manner 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 environmental 
audits to be performed on each parcel contemplated for purchase by the 
Tribe or the Secretary for the Expanded Reservation, and shall report 
the results to the Tribe. The Secretary's or the Tribe's payment of any 
option fee and the purchase price may be drawn from the Catawba Land 
Acquisition Trust Fund.
    (5) The total area of the Expanded Reservation shall be limited to 
3,000 acres, including the Existing 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.
    (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 providing 
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 Expansion Zone'', as 
defined in the Settlement Agreement.
    (2) Subject to the conditions, criteria, and procedures set forth in 
the Settlement Agreement, the Tribe may elect to purchase contiguous 
tracts in an alternative area, the ``Catawba Reservation Secondary 
Expansion Zone'', as 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 contiguous 
parcels that border and surround the Existing Reservation. Before 
requesting that any non-contiguous tract be placed in Reservation 
status, the Tribe shall comply with section 14 of the Settlement 
Agreement. Upon the approval of the Tribe's application under and in 
accordance with section 14 of the Settlement Agreement, the Secretary, 
in consultation with the Tribe, may proceed to place non-contiguous 
tracts in Reservation status. No purchases of non-contiguous tracts 
shall be made for the Reservation except as set forth in the Settlement 
Agreement and the State Act.
    (e) Voluntary Land Purchases.--(1) The power of eminent domain shall 
not be used by the Secretary or any governmental authority in acquiring 
parcels of land for the benefit of the Tribe, whether or not the parcels 
are to be part of the Reservation. All such purchases shall be made only 
from willing sellers by voluntary conveyances subject to the terms of 
the Settlement Agreement.
    (2) Notwithstanding any other provision of this 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 Secretary may use condemnation proceedings 
to perfect or clear title and to acquire any interests of putative co-
tenants whose address is unknown or the interests of unknown or unborn 
heirs or persons subject to mental disability.
    (f) Terms and Conditions of Acquisition.--All properties acquired by 
the Tribe shall be acquired subject to the terms and conditions set 
forth in the Settlement Agreement. The Tribe and the Secretary, acting 
on behalf of the Tribe and with its consent, are also authorized to 
acquire Reservation and non-Reservation lands using the methods of 
financing described in the Settlement Agreement.
    (g) Authority To Erect Permanent Improvements on Existing and 
Expanded Reservation Land and Non-Reservation Land Held in Trust.--
Notwithstanding any other provision of law or regulation, the Attorney 
General of the United States shall approve any deed or other instrument 
which conveys to the United States lands purchased pursuant to the 
provisions of this section and the Settlement Agreement. The Secretary 
or the Tribe may erect permanent improvements of a 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 easements 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 circumstances where no other reasonable 
access is available.
    (C) With the approval of the Tribe, the Secretary may grant 
easements or rights-of-way over the Reservation for private purposes, 
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 Reservation 
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 manner prescribed by the 
Settlement Agreement and the State Act.
    (k) Time Limit on Acquisitions.--All acquisitions of contiguous land 
to expand the Reservation or of non-contiguous lands to be placed in 
Reservation status shall be completed or under contract of purchase 
within 10 years from the date the last payment is made into the Land 
Acquisition Trust; except that for a period of 20 years after the date 
the last payment is made into the Catawba Land Acquisition Trust Fund, 
the Tribe may, subject to the limitation on the total size of the 
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 the Tribe from any liability 
arising out of any loss incurred by the Tribe as a result of the 
unapproved lease.
    (m) Non-Applicability of BIA Land Acquisition Regulations.--The 
general land acquisition regulations of the Bureau of Indian Affairs, 
contained in part 151 of title 25, Code of Federal Regulations, shall 
not apply to the acquisition of lands authorized by this section.

SEC. 13. NON-RESERVATION PROPERTIES.

    (a) Acquisition of Non-Reservation Properties.--The Tribe may draw 
upon the corpus or accumulated income of the Catawba Land Acquisition 
Trust Fund or the Catawba Economic Development Trust Fund to acquire and 
hold parcels of real estate outside the 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, Federal, 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 gambling 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 Agreement.--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 be maintained on file and available for public inspection at 
the Department of the Interior.
    (c) Laws and Regulations of the United States.--The provisions 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.--Notwithstanding 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 Settlement 
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 
    responsibility 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 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.