[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1156 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1156

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 24 (legislative day, June 22), 1993

 Mr. Hollings (for himself and Mr. Thurmond) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
 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 has also 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, 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;
            (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 terms ``internal matters'' or ``internal tribal 
        matters'' mean matters which include (but are not limited to) 
        the relationship between the Tribe and one or more of its 
        Members, the conduct of tribal government over Members, and the 
        Tribe's exercise of the power to exclude individuals from the 
        Reservation.
            (7) The term ``Member'' means individuals who are members 
        of the Tribe as determined in accordance with this Act.
            (8) The term ``Reservation'' or ``Expanded Reservation'' 
        means the Existing Reservation and the lands added to the 
        Existing Reservation in accordance with section 14 of this Act, 
        which are to be held in trust by the Secretary in accordance 
        with this Act.
            (9) The term ``Secretary'' means the Secretary of the 
        Interior.
            (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 
        implementing legislation and filed with the Secretary of State 
        of the State of South Carolina.
            (11) The term ``State'' means, except for sections 6 (a) 
        through (f) and subsections (d)(2) and (h) of section 18 of 
        this Act, the State of South Carolina.
            (12) 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.
            (13) 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).
            (14) 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.
            (15) The term ``Trust Funds'' means the trust funds 
        established by section 13 of this Act.

SEC. 4. RESTORATION OF FEDERAL TRUST RELATIONSHIP.

    (a) Restoration of the Federal Trust Relationship.--On the 
effective date of this Act, the trust relationship between the Tribe 
and the United States shall be restored.
    (b) Eligibility for Federal Benefits and Services.--Notwithstanding 
any other provision of law, on the same date as the trust relationship 
is restored, 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 entitled 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 entitled to the special services performed by the 
United States for tribes because of their status as Indian tribes.
    (c) Health Cards.--In addition to any other entitlement or 
eligibility the Tribe or Members may have because of their status as 
Indians, the Indian Health Service shall issue health cards for use by 
any Member in a health care facility of their choosing approved by the 
Indian Health Service as to quality of care. Such health card shall 
entitle the Member to the same level of care as is available at any 
Indian health care facility or through contract health care for 
Indians.
    (d) Repeal of Termination Act.--The Termination Act is repealed, 
and the provisions of the Termination Act shall not apply to the Tribe 
or Members after the effective date of this Act.
    (e) 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.
    (f) 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 implementing legislation. The jurisdiction and governmental 
powers of the Tribe shall be solely those set forth in this Act and the 
State implementing legislation.
    (g) Impact Aid.--For purposes of the Act of September 30, 1950 
(Public Law 874, 81st Congress; 20 U.S.C. 236 et seq.), if any property 
within the school district of any local educational agency is occupied 
by any part of the Expanded Reservation, such local educational agency 
shall be considered to have fulfilled the requirements of section 2 of 
such Act and shall be eligible for payments under section 3 of such 
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 13 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 
five equal annual installments of $6,400,000 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 13 of this Act or paid pursuant to 
section 6(g) within 30 days of receipt by the Secretary.
    (c) Private Funds.--Any private payments made to settle the claims 
may be treated, at the election of the taxpayer, as either a payment in 
settlement of litigation or a charitable contribution for Federal 
income tax purposes.
    (d) 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 13 of this Act or pay such funds 
pursuant to section 6(g) of this Act.

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 does approve and 
ratify any such transfer effective as of the date of said transfer. 
Nothing in this section shall be construed to affect or eliminate 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 date of 
enactment 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.--Nothing 
in this section shall be construed to diminish or derogate from the fee 
simple estate in the Existing Reservation or fee simple owned by 
members.
    (g) Costs and Attorneys' Fees.--The parties to the Suits shall bear 
their own costs and attorneys' fees except that the Secretary shall 
approve and pay to the Tribe's attorneys in the Suits reasonable 
attorneys' fees and expenses 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.

SEC. 7. TRIBAL MEMBERSHIP.

    (a) Membership Criteria.--A person shall be considered a member of 
the Tribe and his or her name shall be carried on the membership roll 
if the person is living on the date of enactment of this Act and--
            (1) his or her name was listed on the membership roll 
        published by the Secretary in the Federal Register on February 
        25, 1961 (26 Federal Register 1680-1688, ``Notice of Final 
        Membership Roll''), and he or she is not excluded under the 
        provisions of subsection (b); or
            (2) The Executive Committee determines, based on the 
        criteria used to compile the roll referred to in paragraph (1), 
        that his or her name should have been included on the 
        membership roll at that time, but was not; or
            (3) he or she is a lineal descendant of a Member whose name 
        appeared or should have appeared on the membership roll 
        referred to in paragraph (1).
    (b) Revision of Membership Roll.--The Tribe shall revise and update 
its membership roll to include those persons eligible for membership 
under subsection (a) and excluding any persons found to have been 
erroneously listed.
    (c) Federal Register Notice.--As soon as practicable after the 
enactment of this Act, the Secretary shall publish in the Federal 
Register a notice stating:
            (1) That the rolls of the Tribe are open and will remain 
        open for a period of 90 days.
            (2) The requirements for membership.
            (3) The final membership roll as of September 21, 1959.
            (4) The updated membership roll as prepared by the 
        Executive Committee and approved by the General Council.
            (5) The name and address of the tribal or Federal official 
        to whom inquiries should be made.
    (d) Finalizing Membership Roll.--Within 120 days after publication 
of notice under subsection (c), the Secretary, after consultation with 
the Tribe, shall prepare and publish in the Federal Register a proposed 
final roll of the Tribe's membership. Within 60 days from the date of 
publication of the proposed final 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 
membership roll and by any person with respect to the exclusion of his 
or her name from the 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 
membership roll of the Tribe shall then be published in the Federal 
Register and shall be final for purposes of the distribution of funds 
from the Per Capita Trust Fund.
    (e) 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 added to the final membership roll which is compiled 
in accordance with subsection (d) unless an individual is a lineal 
descendent of a person on such final membership roll.

SEC. 8. TRANSITIONAL AND PROVISIONAL GOVERNMENT.

    (a) Future Tribal Government.--The Tribe shall adopt a new 
constitution within 24 months after enactment 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. For a period 
not to exceed 24 months from the date of enactment of this Act, 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 by-laws, 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 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 
enactment of this Act, the Executive Committee shall draft and 
distribute to each Member eligible to vote under the Tribal 
constitution in effect on the date of enactment 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. JURISDICTION AND GOVERNANCE OF THE RESERVATION.

    (a) Powers of Tribe.--(1) Regardless of whether the Tribe elects to 
organize under the Act of June 18, 1934, under section 9(a), in any 
constitution adopted by the Tribe, the Tribe may be authorized to 
exercise authority as consistent with the Settlement Agreement and this 
Act--
            (A) to regulate the use and disposition of tribal property;
            (B) to define laws, petty crimes, and rules of conduct 
        applicable to Members while on the Reservation, supplementing 
        but not supplanting the criminal laws of the State;
            (C) to regulate the conduct of businesses located on the 
        Reservation and individuals residing on the Reservation;
            (D) to levy taxes on Members and levy other taxes as 
        provided by this Act and by the Settlement Agreement;
            (E) to grant exemptions, abatements, or waivers from any 
        tribal laws, tribal regulations, or tribal taxes, except the 
        Tribal Sales and Use Taxes, otherwise applicable on the 
        Reservation, including waivers of the jurisdiction of any 
        tribal court;
            (F) to adopt its own form of government;
            (G) to determine membership as provided by this Act;
            (H) to exclude non-members from its membership rolls and 
        from the Reservation, except for--
                    (i) any public roads traversing the Reservation;
                    (ii) passage on and use of the Catawba River;
                    (iii) public or private easements encumbering the 
                Reservation properly used by those with authority to 
                use such easements;
                    (iv) Federal, State and local governmental 
                officials and employees duly performing official 
                governmental functions on the Reservation; and
                    (v) any other access to the Reservation allowed by 
                Federal law; and
            (I) to charter tribally-owned economic development 
        corporations and enterprises provided the corporations or 
        enterprises register with the Secretary of State for South 
        Carolina as a domestic or foreign corporation when doing 
        business off the Reservation.
    (2) Except as otherwise provided in this Act and in the Settlement 
Agreement, the Tribe shall exercise full authority over internal 
matters.
    (b) Indian Civil Rights Act.--The Tribe shall be subject to titles 
II through VII of Public Law 90-284, as amended (25 U.S.C. 1301 et 
seq.; commonly referred to as the ``Indian Civil Rights Act'') which 
shall apply to the Reservation, any tribal court, and anyone subject to 
the jurisdiction of the Tribe.

SEC. 11. CRIMINAL JURISDICTION.

    (a) Criminal Jurisdiction Generally.--Except as provided in 
subsection (b), the State shall exercise exclusive jurisdiction over 
all crimes under the statutory or common law of the State of South 
Carolina.
    (b) Criminal Jurisdiction of Tribal Court.--(1) Any constitution 
adopted by the Tribe may provide for a tribal court with original and 
appellate criminal jurisdiction, subject to the following limitations:
            (A) The territorial jurisdiction of the court shall be 
        limited to the Reservation.
            (B) The jurisdiction of the court over persons shall be 
        limited to Members.
            (C) The subject matter jurisdiction of the court shall be 
        limited to crimes within the jurisdiction of the State's 
        Magistrates' Courts and to any additional misdemeanors and 
        petty offenses specified in the ordinances or laws adopted by 
        the Tribe.
            (D) The fines and penalties for such misdemeanors and 
        offenses shall not exceed the maximum fines and penalties that 
        a State magistrate's court may impose.
    (2) In all cases in which the tribal court has jurisdiction over 
State law--
            (A) its jurisdiction shall be concurrent with the 
        jurisdiction of the Magistrates' Court of the State; and
            (B) defendants shall have the right to remove such cases to 
        the Magistrates' Court or appeal their convictions in tribal 
        court cases to the General Sessions Court, in the same manner 
        that Magistrates' Court's decisions may be appealed, or in 
        accordance with such procedures as the South Carolina General 
        Assembly may provide.
    (3) In cases where the tribal court is applying those additional 
ordinances or laws adopted by the Tribe in accordance with this 
subsection, it shall have exclusive jurisdiction.
    (c) Peace Officers.--For the purpose of enforcing the Tribe's 
powers under sections 10(a), 11, and 17 of this Act, the Tribe may 
employ peace officers. The employment and authority of peace officers 
shall be in the manner prescribed in the Settlement Agreement and the 
State implementing legislation.

SEC. 12. CIVIL JURISDICTION OF TRIBAL COURT.

    (a) Jurisdiction as Prescribed by This Act.--(1) The Tribe may 
provide in its constitution for a Tribal Court having civil 
jurisdiction which may extend up to, but not exceed, the extent 
provided by this Act. The Tribe may have a court of original 
jurisdiction, as well as an appellate court.
    (2)(A) With respect to actions on contracts, the Tribal Court may 
be vested with jurisdiction over the following:
            (i) An action on a contract to which the Tribe or a Member 
        is a party, which expressly provides in writing that the Tribal 
        Court has concurrent or exclusive jurisdiction.
            (ii) An action on a contract between the Tribe or a Member 
        and other parties or agents thereof who are physically present 
        on the Reservation when the contract is made, which is to be 
        performed in part on the Reservation so long as the contract 
        does not expressly exclude jurisdiction of the Tribal Court.
            (iii) An action on a contract to which the Tribe or a 
        Member of the Tribe is a party where more than 50 percent of 
        the services to be rendered are performed on the Reservation so 
        long as the contract does not expressly exclude jurisdiction of 
        the Tribal Court.
    (B) For purposes of this paragraph, the delivery of goods or the 
solicitation of business on the Reservation shall not constitute part 
performance sufficient to confer jurisdiction.
    (3) With respect to actions in tort, the Tribal Court may be vested 
with jurisdiction over the following:
            (A) An action arising out of an intentional tort, as 
        defined by South Carolina law, committed on the Reservation in 
        which recovery is sought for bodily injuries and/or damages to 
        tangible property located on the Reservation.
            (B) An action arising out of negligent tortious conduct 
        occurring on the Reservation or conduct occurring on the 
        Reservation for which strict liability may be imposed, 
        excluding, however, accidents occurring within the right-of-way 
        limits of any highway, road, or other public easement owned or 
        maintained by the State or any of its subdivisions, or by the 
        United States, which abuts or crosses the Reservation. Any such 
        action in tort involving a non-Member of the Tribe as defendant 
        may be removed to a State or Federal court of appropriate 
        jurisdiction if the amount in controversy exceeds the 
        jurisdictional limits then applicable to Magistrate's Courts in 
        the State of South Carolina.
    (4) The Tribal Court may be vested with exclusive jurisdiction over 
internal matters of the Tribe.
    (5) The Tribal Court may be vested with jurisdiction over domestic 
relations where both spouses to the marriage are Members and both 
reside on the Reservation or last resided together on the Reservation 
before the separation leading to their divorce.
    (6) The Tribal Court may be vested with jurisdiction to enforce 
against any business located on the Reservation, and any Member or non-
Member residing on the Reservation, any tribal civil regulation 
regulating conduct on the Reservation enacted pursuant to section 10(a) 
or 17 of this Act. Such persons or entities are charged with notice of 
the Tribe's regulations governing conduct on the Reservation and are 
subject to the enforcement of such regulations in the tribal court 
unless the Tribe has specifically exempted the entity or person from 
any or all regulation and enforcement in tribal court.
    (b) Concurrent Jurisdiction.--(1) The original jurisdiction of the 
Tribal Court over matters set forth in paragraphs (2) (if concurrent), 
(3), and (5) of subsection (a) shall be concurrent with the 
jurisdiction of the Court of Common Pleas of South Carolina, the Family 
Court, and United States District Court for South Carolina where 
permitted by title 28 of the United States Code.
    (2) The original jurisdiction of the Tribal Court over the matters 
set forth in paragraph (2)(A) of subsection (a) shall be concurrent or 
exclusive depending upon the agreement of the parties.
    (3) The original jurisdiction of the Tribal Court over matters set 
forth in paragraph (4) of subsection (a) shall be exclusive.
    (4) The original jurisdiction of the Tribal Court over matters set 
forth in paragraph (6) of subsection (a) shall be exclusive unless the 
Tribe has waived such exclusive jurisdiction as to any person or 
entity.
    (5) As to all paragraphs in subsection (a) referred to in this 
subsection, jurisdiction over appeals, if any, is governed by 
subsection (d).
    (c) Waiver of Jurisdiction.--The Tribe may waive Tribal Court 
jurisdiction or the application of tribal laws with respect to any 
person or firm residing, doing business, or otherwise entering upon the 
Reservation or contracting with the Tribe. Any Member may also waive 
Tribal Court jurisdiction or specify in a written contract the law of 
any appropriate jurisdiction to govern any commercial transaction or 
the interpretation of a contract to which the Member is a party.
    (d) Appeals to State or Federal Court.--(1) All final judgments 
entered in actions tried in Tribal Court shall be subject to an appeal 
to the Family Court, the Court of Common Pleas, or the United States 
District Court depending upon whether that court would have had 
jurisdiction over the appealed matter had it been commenced in that 
court if--
            (A) a party to the suit is not a member of the Tribe;
            (B) the amount in controversy or the cost of complying with 
        any equitable order or decree exceeds the jurisdictional limits 
        then applicable in the Magistrate's Court of South Carolina; 
        and
            (C) the subject matter of the suit does not fall within the 
        provisions of subsection (a)(2)(A)(i) if jurisdiction is 
        exclusive, or subsection (a)(4) or (6).
    (2) The Tribe may enlarge the right of appeal to include other 
subject matters and Members, subject to such rules and procedures as 
the applicable court and relevant State and Federal laws may provide.
    (3) In any appeal under this subsection, the court, as appropriate, 
may--
            (A) enter judgment affirming the Tribal Court;
            (B) dismiss the case for lack of jurisdiction of the Tribal 
        Court, but only in those cases where the Tribal Court has first 
        addressed the issue of its jurisdiction;
            (C) reverse or remand the case for retrial or 
        reconsideration in Tribal Court; or
            (D) grant a trial de novo in its court.
    (4) In any appeal, trial, or trial de novo pursuant to this 
subsection, the reviewing court shall apply any regulation enacted 
pursuant to tribal authority.
    (e) Full Faith and Credit.--(1) In cases subject to the provisions 
of subsection (a)(3) or (d), all final judgments of the Tribal Court 
shall be given full faith and credit in the State or Federal court with 
appropriate jurisdiction, and the Tribal Court shall give full faith 
and credit to final judgments of the State and Federal courts.
    (2) If a Member seeks to enforce against a non-Member in Federal 
court a final judgment of the Tribal Court in a case not subject to the 
provisions of subsection (a)(3) or (d), the judgment shall be reviewed 
by the Federal court in the manner provided in title 9, United States 
Code.
    (f) Sovereign Immunity.--(1) The Tribe may sue, or be sued, in any 
court of competent jurisdiction; except, however, that the Tribe shall 
enjoy sovereign immunity, including damage limits and except as 
provided in this subsection, immunity from seizure, execution, or 
encumbrance of properties, to the same extent as the political 
subdivisions of the State as provided in the South Carolina Tort Claims 
Act (Section 15-78-10, et seq., S.C. Code Annotated, 1976 as amended), 
and amendments of general applicability thereto adopted after the date 
of enactment of this Act. With respect to non-consumer liability based 
on contract, however, the Tribe may, in a written contract, provide 
that it is immune from suit on that contract as if there had been no 
waiver of sovereign immunity.
    (2) Notwithstanding the provisions of this section, the Tribe shall 
be subject to suit as provided in section 17(a) of this Act.
    (3) The nature and extent of this sovereign immunity shall be 
construed consistent with the Settlement Agreement and with applicable 
State and Federal law.
    (4)(A) The Tribe shall procure and maintain liability insurance 
with the same coverage and limits as required of political subdivisions 
of the State.
    (B) In the event that the Tribe's insurance coverage is inadequate 
or unavailable to satisfy a judgment within the limits of the South 
Carolina Tort Claims Act, neither the judgment nor any other process 
may be levied upon the corpus or principal of the Tribal Trust Funds or 
upon any property held in trust for the Tribe by the United States; 
however, the Tribe or the Secretary shall honor valid orders of a 
Federal or State court which enters money judgments for causes of 
action against the Tribe arising after the consummation of the 
Settlement Agreement by making an assignment to the judgment creditor 
of the right to receive income out of the next quarterly payment or 
payments of income from the Tribal Trust Funds.
    (g) Indian Child Welfare Act.--(1) The Indian Child Welfare Act of 
1978 (25 U.S.C. 1901 et seq.) shall apply to Catawba Indian children 
except as provided in this section.
    (2) Before the Tribe may assume jurisdiction over Indian child 
custody proceedings under the Indian Child Welfare Act of 1978, the 
Tribe shall present to the Secretary for approval a petition to assume 
such jurisdiction, and the Secretary shall approve the petition in the 
manner prescribed in such Act. Any petition to assume jurisdiction over 
Indian child custody proceedings by the Tribe shall be considered and 
determined by the Secretary in accordance with the relevant provisions 
of such Act. The Secretary's determination that the Tribe may assume 
jurisdiction under such Act shall not affect any action or proceeding 
over which a court has assumed jurisdiction.
    (3) Until the Tribe has assumed jurisdiction over Indian child 
custody proceedings, the State shall retain exclusive jurisdiction over 
Indian custody proceedings; however, the State Court shall apply the 
Indian Child Welfare Act of 1978 in such proceedings.
    (4)(A) The Indian Child Welfare Act of 1978 shall not apply to 
private adoptions of Indian children under the jurisdiction of the 
Tribe under such Act where--
            (i) both parents consent to the adoption; or
            (ii) in the case of an unwed mother--
                    (I) where the mother consents to the adoption when 
                the father's consent is not necessary for the adoption 
                under South Carolina Law Section 20-7-1690 and any 
                amendments thereto, and
                    (II) the parents or mother help choose adoptive 
                parents, regardless of whether or not the adoptive 
                parents are outside the preferences of the Indian Child 
                Welfare Act of 1978.
    (B) The court may consider any benefits, material and cultural, the 
child may lose in determining whether the proposed adoption is in the 
best interests of the child. Failure of the courts to make this 
consideration shall not be subsequently held to invalidate the 
adoption.
    (5) In all cases of adoption, regardless of whether the Indian 
Child Welfare Act of 1978 applies, section 107 of such Act (25 U.S.C. 
1917) shall apply.
    (h) Jurisdiction of State Courts.--If no Tribal Court is 
established by the Tribe, the State shall exercise jurisdiction over 
all civil and criminal cases arising out of acts and transactions 
occurring on the Reservation or involving Members. If the Tribe 
establishes a Tribal Court, the provisions of subsection (b) and 
section 11(b) shall govern whether such jurisdiction is exclusive or 
concurrent.

SEC. 13. TRIBAL TRUST FUNDS.

    (a) Purposes of Trust Funds.--All funds paid pursuant to section 5 
of this Act 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, 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 enactment 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 enactment 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 whose name appears on the final 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 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 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 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 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 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 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 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's 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 (except funds 
distributed from the Catawba Per Capita Trust Fund) 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. 14. ESTABLISHMENT OF EXPANDED RESERVATION.

    (a) Existing Reservation.--The State, after obtaining any necessary 
judicial approval, shall convey the Existing Reservation to the United 
States as trustee for the Tribe, and the obligation of the State as 
trustee for the Tribe with respect to this land shall cease.
    (b) Expanded Reservation.--(1) The Secretary, in consultation with 
the Tribe, shall develop an Expanded Reservation in the manner 
prescribed by the Settlement Agreement.
    (2) The Secretary, after consulting with the Tribe, shall engage a 
professional land planning firm and a registered land surveyor as 
provided in the Settlement Agreement. The Secretary will bear the cost 
of all services rendered by the surveyor and the planning firm.
    (3) After the effective date of this Act, the Secretary, in 
consultation with the Tribe, may identify, purchase, and place in 
Reservation status tracts of lands in the manner prescribed by the 
Settlement Agreement.
    (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 for the 
Expanded Reservation, and shall report the results to the Tribe. 
Payment of any option fee and the purchase price shall 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 by the Secretary for the Expanded 
Reservation will be held in trust together with the Existing 
Reservation which the State is to convey to the United States.
    (c) Expansion Zones.--(1) Subject to the conditions, criteria, and 
procedures set forth in the Settlement Agreement, the Secretary and 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 Secretary, in consultation with 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 approval of the Secretary and to the additional 
authorizations required in the Settlement Agreement and the State 
implementing legislation.
    (d) Non-Contiguous Tracts.--The Secretary, acting on behalf of the 
Tribe, 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 placing any non-
contiguous tract in Reservation status, the Tribe, in consultation with 
the Secretary, shall submit to the county council in any county where 
it proposes to purchase such non-contiguous tracts a Non-Contiguous 
Development Plan Application, as provided by the Settlement Agreement 
and the State implementing legislation. Upon the approval of any such 
application by each affected county council, 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 implementing legislation.
    (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) Conveyances by private land owners to the Secretary for the 
Expanded Reservation will be deemed, however, to be involuntary 
conversions within the meaning of section 1033 of the Internal Revenue 
Code of 1986.
    (3) 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 may acquire Reservation land for the benefit of the Tribe 
from the ostensible owner of the land if the Secretary 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 Secretary for the Tribe shall be acquired in fee simple subject 
to the terms and conditions set forth in the Settlement Agreement. The 
Secretary, acting on behalf of the Tribe and with its consent, is 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 Secretary, with the approval of the Tribe, 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 also 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 
this Act and the Settlement Agreement.
    (j) Sale and Transfer of Reservation Lands.--At the request of the 
Tribe, and with approval of the Secretary, the Secretary 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.
    (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 shall 
be authorized to lease its Reservation lands for terms up to but not 
exceeding 99 years.
    (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. 15. NON-RESERVATION PROPERTIES.

    (a) Acquisition of Non-Reservation Properties.--(1) 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.
    (2) If the ownership of any such properties by the Secretary or the 
Tribe, or any sub-entity of the Tribe, results in the removal of the 
property from ad valorem taxation, then payments shall be made by the 
Tribe in lieu of taxation that are equivalent to the taxes that would 
otherwise be paid if the property were subject to levy.
    (3) 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.
    (4) 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 the section 2116 of the Revised Statutes (25 U.S.C. 177).
    (b) Jurisdiction on Non-Reservation Properties.--(1) All non-
Reservation properties, including such properties held by the Tribe as 
a corporate entity and such properties held in trust by the United 
States, and all activities conducted on such properties, shall be 
subject to the laws, ordinances, taxes, and regulations of the State 
and its political subdivisions in the same manner as such laws, 
ordinances, taxes, and regulations would apply to any other properties 
held by non-Indians in the same jurisdiction, except as provided in 
section 16 of this Act.
    (2) Activities on non-Reservation land shall be eligible for 
Federal grants and other Federal services for the benefit of Indians.

SEC. 16. 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 
implementing legislation with respect to the conduct of games of 
chance. Except as specifically set forth in the Settlement Agreement, 
the State implementing legislation, and this 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. 17. GOVERNANCE AND REGULATION OF RESERVATION.

    (a) Environmental Laws.--(1) All Federal, State, and local 
environmental laws and regulations shall apply to the Tribe and to the 
Reservation, and shall be fully enforceable by all Federal, State, and 
local agencies and authorities. Similarly, all requirements that a 
license, permit, or certificate be obtained from any Federal, State, or 
local agency shall also apply to the Tribe and to the Reservation. This 
provision shall extend without limitation to all environmental laws and 
regulations adopted after the date of enactment of this Act.
    (2) The Tribe, the Executive Committee, and all Members shall have 
the same--and no special or preferential--status under all such laws as 
other individuals or groups of individuals to contest, object to, or 
intervene in any proceeding or action in which environmental 
regulations are being made, adjudicated, or enforced, or in which 
licenses, permits, or certificates of convenience and necessity are 
being issued by any agency of Federal, State, or local government.
    (3) The Tribe shall have the authority to impose regulations 
applying higher environmental standards to the Reservation than those 
imposed by Federal or State law or by local governing bodies; but such 
tribal regulations shall apply only to the Reservation, and not to 
property surrounding the Reservation or non-Reservation property, or to 
the use of the Catawba River. Such tribal regulations shall not apply 
to activities or uses off the Reservation, even if those activities 
affect air quality on the Reservation.
    (4) The Tribe shall not be authorized to invoke sovereign immunity 
against any suit, proceeding, or environmental enforcement action 
involving any Federal, State, or local environmental laws or 
regulations, and shall be subject to all enforcement orders, 
restraining orders, fees, fines, injunctions, judgments, and other 
corrective or remedial measures imposed by such laws.
    (5) This section shall not impose different standards or 
requirements on the Tribe or the Secretary, when acting on the Tribe's 
behalf, than would be applied to a private corporation.
    (b) Building Code.--The Tribe shall incorporate by reference and 
adopt the York County Building Code, and any amendments thereto adopted 
after the date of enactment of this Act, and may contract with York 
County, South Carolina, for the services necessary to enforce, inspect, 
and regulate compliance with its Building Code. Such services shall be 
provided by York County as provided in the Settlement Agreement. In 
addition, those local jurisdictions which exact any fee, permit, or 
inspection services shall waive the fees otherwise charged for building 
permit or inspection services on the Reservation. The Tribe may adopt 
building code provisions to be applied on the Reservation in addition 
to, but not in derogation of, the York County Building Code, as amended 
from time to time.
    (c) Planning and Zoning.--With respect to any land use regulation 
within the Reservation, the Tribe shall have the power to adopt and 
enforce a land use plan after consultation with York County and 
Lancaster County, for those parts of the Reservation located in those 
respective jurisdictions. The Tribe and the affected governing bodies 
shall follow the consultative procedures created for settlement of the 
claim of the Puyallup Tribe in the State of Washington, as set out in 
House Report 101-57, pages 161-64, of the 101st Congress. In 
determining whether to permit the construction of any buildings or 
improvements on the Reservation, the Tribe shall consider--
            (1) the protection of established or planned residential 
        areas from any use or development that would adversely affect 
        residential living off the Reservation;
            (2) protection of the health, safety, and welfare of the 
        surrounding community;
            (3) preservation of open spaces, rivers, and streams; and
            (4) provision of public facilities to support development.
    (d) Health Codes.--All public health codes of the State and any 
county in which the Reservation is located shall be applicable on the 
Reservation.
    (e) Hunting and Fishing.--Subject to the provisions of section 17.5 
of the Settlement Agreement concerning the acquisition of hunting and 
fishing licenses, hunting and fishing, on or off the Reservation, shall 
be conducted by members in compliance with the laws and regulations of 
the State.
    (f) Riparian Rights.--(1) The littoral and riparian rights of the 
Tribe in the Catawba River, or in any other streams or waters crossing 
their lands, shall not differ in any respect from the rights of other 
owners whose land abuts non-tidal bodies of water or non-tidal water 
courses in South Carolina. The rights and obligations covered by this 
provision shall include, but not be limited to--
            (A) the title to the river bed;
            (B) the right to flood, pond, dam, and divert waters to the 
        river or its tributaries;
            (C) the right to build docks and piers in the river;
            (D) the right to fish in the river or its tributaries; and
            (E) the right to discharge waste or withdraw water from the 
        river or its tributaries.
    (2) The Tribe shall have the same rights and standing as all other 
riparian owners and users of the Catawba River to intervene in any 
proceeding or otherwise to contest or object to proposed actions or 
determinations of the Federal Energy Regulatory Commission or of any 
other governmental agency, commission, or court, whether Federal, 
State, or local, with respect to the use of the Catawba River and its 
basin, including (without limitation) withdrawal of water from the 
river; navigability on the river; and water power and hydroelectric 
usage of the river.
    (3) Notwithstanding any other provision of law effective now or 
adopted after the date of enactment of this Act, the Tribe shall have 
no special right or preferential standing greater than other riparian 
owners and users of the Catawba River to intervene in or contest any 
such agency action, determination, or proceeding, including 
specifically any actions or determinations by the Federal Energy 
Regulatory Commission regarding the licensing, use, or operation of the 
waters impounded by the existing reservoirs above and below the 
Reservation. These qualifications shall apply to the Existing 
Reservation, to lands acquired for the Expanded Reservation, to other 
lands acquired by or for the benefit of the Tribe, and to non-
Reservation lands.
    (g) Alcoholic Beverages.--Alcohol shall be prohibited on the 
Reservation unless the Tribe adopts laws permitting the sale, 
possession, or consumption of alcohol on the Reservation consistent 
with the terms of the Settlement Agreement.

SEC. 18. GENERAL PROVISIONS.

    (a) General Applicability of State Law.--The Tribe, its Members, 
and any lands, natural resources, or other property owned by the Tribe 
or its Members (including any land or natural resources or other 
property held in trust by the United States or by any other person or 
entity for the Tribe) shall be subject to the civil, criminal, and 
regulatory jurisdiction of the State, its agencies and political 
subdivisions other than municipalities, and the civil and criminal 
jurisdiction of the courts of the State, to the same extent as any 
other person, citizen or land in the State except as otherwise 
expressly provided in this Act and by the State implementing 
legislation.
    (b) Impact of Subsequently Enacted Laws.--The provisions of any 
Federal law enacted after the date of enactment of this Act shall not 
apply in the State if such provision would materially affect or preempt 
the application of the laws of the State, including application of the 
laws of the State applicable to lands owned by or held in trust for 
Indians, or Indian Nations, tribes or bands of Indians. However, such 
Federal law shall apply within the State if the State grants its 
approval by a law or joint resolution enacted by the General Assembly 
of South Carolina and signed by the Governor.
    (c) Severability.--If any of the provisions of sections 4(a), 5 or 
6 of this Act are held invalid by a court, then all of this Act is 
invalid. Should any other section of this Act be held invalid by a 
court, the remaining sections of this Act shall remain in full force 
and effect.
    (d) Interpretation Consistent With Settlement Agreement.--Wherever 
possible, this Act shall be construed in a manner consistent with the 
Settlement Agreement. In the event of a conflict between the provisions 
of this Act and the Settlement Agreement, the terms of this Act shall 
govern. The Settlement Agreement shall be maintained on file and 
available for public inspection at the Department of the Interior.

SEC. 19. EFFECTIVE DATE.

    The provisions of this Act shall become effective upon the transfer 
of the Existing Reservation to the Secretary.
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