[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 987 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 987

To provide for the full settlement of all claims of Swain County, North 
Carolina, against the United States under the agreement dated July 30, 
                     1943, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 29 (legislative day, June 19), 1995

  Mr. Helms (for himself and Mr. Faircloth) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the full settlement of all claims of Swain County, North 
Carolina, against the United States under the agreement dated July 30, 
                     1943, 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 ``Swain County Settlement Act of 
1995''.

SEC. 2. SETTLEMENT OF CLAIMS.

    (a) Findings.--Congress finds that--
            (1) Swain County, North Carolina, claims certain rights 
        acquired pursuant to an agreement dated July 30, 1943, between 
        the Secretary of the Interior, the State of North Carolina, the 
        Tennessee Valley Authority, and Swain County, North Carolina 
        (referred to in this Act as the ``1943 Agreement'');
            (2) the 1943 Agreement provided that the Department of the 
        Interior would construct a road along the north shore of the 
        Fontana Reservoir to replace a road flooded by the construction 
        of Fontana Dam and the filling of the reservoir; and
            (3) the road has not been completed.
    (b) Purpose.--The purpose of this section is to settle and quiet 
all claims arising out of the 1943 Agreement.
    (c) Settlement.--
            (1) Completion of road.--Notwithstanding any other 
        provision of law, the Secretary of the Interior shall complete 
        the road along the north shore of the Fontana Reservoir 
        according to the terms of the 1943 Agreement.
            (2) Payment to swain county.--
                    (A) In general.--After completion of the road under 
                paragraph (1), the Secretary of the Treasury shall pay 
                Swain County, North Carolina, the sum of $16,000,000, 
                which shall be deposited in an account in accordance 
                with the rules and regulations established by the North 
                Carolina Local Government Commission.
                    (B) Expenditure.--
                            (i) Principal.--The principal of the sum 
                        may be expended by Swain County only under a 
                        resolution approved by an affirmative vote of 
                        two-thirds of the registered voters of the 
                        county.
                            (ii) Interest.--Interest earned on the 
                        unexpended principal of the sum may be expended 
                        only by a majority vote of the duly elected 
                        governing commission of Swain County.
    (d) Restriction on Use of Funds.--Money made available pursuant to 
this section may not be paid to or received by an agent or attorney on 
account of services rendered in connection with the claims settled by 
this section.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 3. CHEROKEE HISTORICAL MARKER.

    The Secretary of the Interior shall allocate the funds and 
personnel necessary to place a suitable historical marker at or near 
the approach to the Cherokee Qualls Reservation at Soco Gap, North 
Carolina, in recognition of the historical importance of Soco Gap and 
the contribution of the Cherokee Nation to the State of North Carolina 
and the United States.
                                 <all>