§ 941d. — Ratification of prior transfers; extinguishment of aboriginal title, rights and claims.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC941d]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XLIII-A--CATAWBA INDIAN TRIBE OF SOUTH CAROLINA; RESTORATION
OF FEDERAL TRUST RELATIONSHIP
Sec. 941d. Ratification of prior transfers; extinguishment of
aboriginal title, rights and claims
(a) Ratification of transfers
Any transfer of land or natural resources located anywhere within
the United States from, by, or on behalf of the Tribe, any one or more
of its Members, or anyone purporting to be a Member, including but
without limitation any transfer pursuant to any treaty, compact, or
statute of any State, shall be deemed to have been made in accordance
with the Constitution and all laws of the United States, and Congress
hereby approves and ratifies any such transfer effective as of the date
of such transfer. Nothing in this section shall be construed to affect,
eliminate, or revive the personal claim of any individual Member (except
for any Federal common law fraud claim) which is pursued under any law
of general applicability that protects non-Indians as well as Indians.
(b) Aboriginal title
To the extent that any transfer of land or natural resources
described in subsection (a) of this section may involve land or natural
resources to which the Tribe, any of its Members, or anyone purporting
to be a Member, or any other Indian, Indian nation, or Tribe or band of
Indians had aboriginal title, subsection (a) of this section shall be
regarded as an extinguishment of aboriginal title as of the date of such
transfer.
(c) Extinguishment of claims
By virtue of the approval and ratification of any transfer of land
or natural resources effected by this section, or the extinguishment of
aboriginal title effected thereby, all claims against the United States,
any State or subdivision thereof, or any other person or entity, by the
Tribe, any of its Members, or anyone purporting to be a Member, or any
predecessors or successors in interest thereof or any other Indian,
Indian Nation, or tribe or band of Indians, arising at the time of or
subsequent to the transfer and based on any interest in or right
involving such land or natural resources, including without limitation
claims for trespass damages or claims for use and occupancy, shall be
deemed extinguished as of the date of the transfer.
(d) Extinguishment of title
(1) All claims and all right, title, and interest that the Tribe,
its Members, or any person or group of persons purporting to be Catawba
Indians may have to aboriginal title, recognized title, or title by
grant, patent, or treaty to the lands located anywhere in the United
States are hereby extinguished.
(2) This extinguishment of claims shall also extinguish title to any
hunting, fishing, or water rights or rights to any other natural
resource claimed by the Tribe or a Member based on aboriginal or treaty
recognized title, and all trespass damages and other damages associated
with use, occupancy or possession, or entry upon such lands.
(e) Bar to future claims
The United States is hereby barred from asserting by or on behalf of
the Tribe or any of its Members, or anyone purporting to be a Member,
any claim arising before the effective date of this subchapter from the
transfer of any land or natural resources by deed or other grant, or by
treaty, compact, or act of law, on the grounds that such transfer was
not made in accordance with the laws of South Carolina or the
Constitution or laws of the United States.
(f) No derogation of fee simple in Existing Reservation, or effect on
Members' fee interests
Nothing in this subchapter shall be construed to diminish or
derogate from the Tribe's estate in the Existing Reservation; or to
divest or disturb title in any land conveyed to any person or entity as
a result of the Termination Act and the liquidation and partition of
tribal lands; or to divest or disturb the right, title and interest of
any Member in any fee simple, leasehold or remainder estate or any
equitable or beneficial right or interest any such Member may own
individually and not as a Member of the Tribe.
(g) Costs and attorneys' fees
The parties to the Suits shall bear their own costs and attorneys'
fees. As provided by section 6.4 of the Settlement Agreement, the
Secretary shall pay to the Tribe's attorneys in the Suits attorneys'
fees and expenses from, and not to exceed 10 percent of, the $50,000,000
obligated for payment to the Tribe by Federal, State, local, and private
parties pursuant to section 5 of the Settlement Agreement.
(h) Personal claims not affected
Nothing in this section shall be deemed to affect, diminish, or
eliminate the personal claim of any individual Indian which is pursued
under any law of general applicability (other than Federal common law
fraud) that protects non-Indians as well as Indians.
(i) Federal payment
In the event any of the Federal payments are not paid as set forth
in section 941c of this title, such failure to pay shall give rise to a
cause of action by the Tribe against the United States for money damages
for the amount authorized to be paid to the Tribe in section 941c(a) of
this title in settlement of the Tribe's claim, and the Tribe is
authorized to bring an action in the United States Court of Claims for
such funds plus applicable interest. The United States hereby waives any
affirmative defense to such action.
(j) State payment
In the event any of the State payments are not paid as set forth in
section 941c of this title, such failure to pay shall give rise to a
cause of action in the United States District Court for the District of
South Carolina by the Tribe against the State of South Carolina for
money damages for the amount authorized to be paid to the Tribe by the
State in Sec. 27-16-50(A) of the State Act in settlement of the Tribe's
claim. Pursuant to Sec. 27-16-50(E) of the State Act, the State of South
Carolina waives any Eleventh Amendment immunity to such action.
(Pub. L. 103-116, Sec. 6, Oct. 27, 1993, 107 Stat. 1122.)
References in Text
For the effective date of this subchapter, referred to in subsec.
(e), see Effective Date note set out under section 941 of this title.
Section Referred to in Other Sections
This section is referred to in sections 941a, 941c, 941i, 941m of
this title.
