§ 941. — Declaration of policy, Congressional findings and purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC941]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XLIII-A--CATAWBA INDIAN TRIBE OF SOUTH CAROLINA; RESTORATION
OF FEDERAL TRUST RELATIONSHIP
Sec. 941. 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 [25 U.S.C.
461 et seq.].
(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 subchapter--
(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 subchapter;
(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
subchapter;
(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.
(Pub. L. 103-116, Sec. 2, Oct. 27, 1993, 107 Stat. 1118.)
References in Text
The Indian Reorganization Act, referred to in subsec. (a)(4)(C), is
act June 18, 1934, ch. 576, 48 Stat. 984, as amended, which is
classified generally to subchapter V (Sec. 461 et seq.) of this chapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 461 of this title and Tables.
The Catawba Tribe of South Carolina Division of Assets Act and the
1959 Act, referred to in subsec. (a)(4)(D), (E), probably mean Pub. L.
86-322, Sept. 21, 1959, 73 Stat. 592, which was classified generally to
subchapter XLIII (Sec. 931 et seq.) of this chapter prior to repeal by
Pub. L. 103-116, Sec. 4(c), Oct. 27, 1993, 107 Stat. 1121.
Legislation suspending until October 1, 1993, the running of any
unexpired statute of limitation applicable to the Tribe's land claim,
referred to in subsec. (a)(6), is Pub. L. 102-339, Sec. 3, Aug. 11,
1992, 106 Stat. 869, which is not classified to the Code.
This subchapter, referred to in subsec. (b), was in the original
``this Act'', meaning Pub. L. 103-116, Oct. 27, 1993, 107 Stat. 1118,
known as the Catawba Indian Tribe of South Carolina Land Claims
Settlement Act of 1993, which is classified generally to this
subchapter. For complete classification of this Act to the Code, see
Short Title note set out below and Tables.
Effective Date
Section 17 of Pub. L. 103-116 provided that: ``Except for sections
7, 8, and 12 [enacting sections 941e, 941f and 941j of this title], the
provisions of this Act [see Short Title note below] shall become
effective upon the transfer of the Existing Reservation under section 12
[enacting section 941j of this title] to the Secretary.''
[In accordance with the provisions of Pub. L. 103-116, a quitclaim
deed transferring the existing reservation to the United States as
Trustee for the Tribe was executed on Nov. 29, 1993. This conveyance was
accepted on behalf of the United States, in trust, on Jan. 19, 1994. The
deed was recorded Jan. 20, 1994.]
Short Title
Section 1 of Pub. L. 103-116 provided that: ``This Act [enacting
this subchapter and repealing subchapter XLIII (Sec. 931 et seq.) of
this chapter] may be cited as the `Catawba Indian Tribe of South
Carolina Land Claims Settlement Act of 1993'.''
