§ 941a. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC941a]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XLIII-A--CATAWBA INDIAN TRIBE OF SOUTH CAROLINA; RESTORATION
OF FEDERAL TRUST RELATIONSHIP
Sec. 941a. Definitions
For purposes of this subchapter:
(1) The term ``Tribe'' means the Catawba Indian Tribe of South
Carolina as constituted in aboriginal times, which was party to the
Treaty of Pine Tree Hill in 1760 as confirmed by the Treaty of
Augusta in 1763, which was party also to the Treaty of Nation Ford
in 1840, and which was the subject of the Termination Act, and all
predecessors and successors in interest, including the Catawba
Indian Tribe of South Carolina, Inc.
(2) The term ``claim'' or ``claims'' means any claim which was
asserted by the Tribe in either Suit, and any other claim which
could have been asserted by the Tribe or any Catawba Indian of a
right, title or interest in property, to trespass or property
damages, or of hunting, fishing or other rights to natural
resources, if such claim is based upon aboriginal title, recognized
title, or title by grant, patent, or treaty including the Treaty of
Pine Tree Hill of 1760, the Treaty of Augusta of 1763, or the Treaty
of Nation Ford of 1840.
(3) The term ``Executive Committee'' means the body of the Tribe
composed of the Tribe's executive officers as selected by the Tribe
in accordance with its constitution.
(4) The term ``Existing Reservation'' means that tract of
approximately 630 acres conveyed to the State in trust for the Tribe
by J.M. Doby on December 24, 1842, by deed recorded in York County
Deed Book N, pp. 340-341.
(5) The term ``General Council'' means the membership of the
Tribe convened as the Tribe's governing body for the purpose of
conducting tribal business pursuant to the Tribe's constitution.
(6) The term ``Member'' means individuals who are currently
members of the Tribe or who are enrolled in accordance with this
subchapter.
(7) The term ``Reservation'' or ``Expanded Reservation'' means
the Existing Reservation and the lands added to the Existing
Reservation in accordance with section 941j of this title, which are
to be held in trust by the Secretary in accordance with this
subchapter.
(8) The term ``Secretary'' means the Secretary of the Interior.
(9) The term ``service area'' means the area composed of the
State of South Carolina and Cabarrus, Cleveland, Gaston,
Mecklenburg, Rutherford, and Union counties in the State of North
Carolina.
(10) The term ``Settlement Agreement'' means the document
entitled ``Agreement in Principle'' between the Tribe and the State
of South Carolina and attached to the copy of the State Act and
filed with the Secretary of State of the State of South Carolina, as
amended to conform to this subchapter and printed in the
Congressional Record.
(11) The term ``State'' means, except for section 941d(a)
through (f) of this title, the State of South Carolina.
(12) The term ``State Act'' means the Act enacted into law by
the State of South Carolina on June 14, 1993, and codified as S.C.
Code Ann., sections 27-16-10 through 27-16-140, to implement the
Settlement Agreement.
(13) The term ``Suit'' or ``Suits'' means Catawba Indian Tribe
of South Carolina v. State of South Carolina, et al., docketed as
Civil Action No. 80-2050 and filed in the United States District
Court for the District of South Carolina; and Catawba Indian Tribe
of South Carolina v. The United States of America, docketed as Civil
Action No. 90-553L and filed in the United States Court of Federal
Claims.
(14) The term ``Termination Act'' means the Act entitled ``An
Act to provide for the division of the tribal assets of the Catawba
Indian Tribe of South Carolina among the members of the Tribe and
for other purposes'', approved September 21, 1959 (73 Stat. 592; 25
U.S.C. 931-938).
(15) The term ``transfer'' includes (but is not limited to) any
voluntary or involuntary sale, grant, lease, allotment, partition,
or other conveyance; any transaction the purpose of which was to
effect a sale, grant, lease, allotment, partition, or conveyance;
and any act, event or circumstance that resulted in a change in
title to, possession of, dominion over, or control of land, water,
minerals, timber, or other natural resources.
(16) The term ``Trust Funds'' means the trust funds established
by section 941i of this title.
(Pub. L. 103-116, Sec. 3, Oct. 27, 1993, 107 Stat. 1120.)
References in Text
The Agreement in Principle, referred to in par. (10), is set out at
Cong. Rec., vol. 139, part 16, p. 22583.
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,
referred to in par. (14), is 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.
