§ 941m. — General provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC941m]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XLIII-A--CATAWBA INDIAN TRIBE OF SOUTH CAROLINA; RESTORATION
OF FEDERAL TRUST RELATIONSHIP
Sec. 941m. General provisions
(a) Severability
If any provision of section 941b(a), 941c, or 941d of this title is
rendered invalid by the final action of a court, then all of this
subchapter is invalid. Should any other section of this subchapter be
rendered invalid by the final action of a court, the remaining sections
of this subchapter shall remain in full force and effect.
(b) Interpretation consistent with Settlement Agreement
To the extent possible, this subchapter shall be construed in a
manner consistent with the Settlement Agreement and the State Act. In
the event of a conflict between the provisions of this subchapter and
the Settlement Agreement or the State Act, the terms of this subchapter
shall govern. In the event of a conflict between the State Act and the
Settlement Agreement, the terms of the State Act shall govern. The
Settlement Agreement and the State Act shall be maintained on file and
available for public inspection at the Department of the Interior.
(c) Laws and regulations of United States
The provisions of any Federal law enacted after October 27, 1993,
for the benefit of Indians, Indian nations, tribes, or bands of Indians,
which would affect or preempt the application of the laws of the State
to lands owned by or held in trust for Indians, or Indian nations,
tribes, or bands of Indians, as provided in this subchapter and the
South Carolina State Implementing Act, shall not apply within the State
of South Carolina, unless such provision of such subsequently enacted
Federal law is specifcally \1\ made applicable within the State of South
Carolina.
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\1\ So in original. Probably should be ``specifically''.
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(d) Eligibility for consideration to become enterprise zone or general
purpose foreign trade zone
Notwithstanding the provisions of any other law or regulation, the
Tribe shall be eligible to become, sponsor and operate (1) an
``enterprise zone'' pursuant to title VII of the Housing and Community
Development Act of 1987 (42 U.S.C. 11501-11505) or any other applicable
Federal (or State) laws or regulations; or (2) a ``foreign-trade zone''
or ``subzone'' pursuant to the Foreign Trade Zones Act of 1934, as
amended (19 U.S.C. 81a-81u) and the regulations thereunder, to the same
extent as other federally recognized Indian Tribes.
(e) General applicability of State law
Consistent with the provisions of section 941b(a)(2) of this title,
the provisions of South Carolina Code Annotated, section 27-16-40, and
section 19.1 of the Settlement Agreement are approved, ratified, and
confirmed by the United States, and shall be complied with in the same
manner and to the same extent as if they had been enacted into Federal
law.
(f) Subsequent amendments to Settlement Agreement or State Act
Consent is hereby given to the Tribe and the State to amend the
Settlement Agreement and the State Act if consent to such amendment is
given by both the State and the Tribe, and if such amendment relates
to--
(1) the jurisdiction, enforcement, or application of civil,
criminal, regulatory, or tax laws of the Tribe and the State;
(2) the allocation or determination of governmental
responsibility of the State and the Tribe over specified subject
matters or specified geographical areas, or both, including
provision for concurrent jurisdiction between the State and the
Tribe;
(3) the allocation of jurisdiction between the tribal courts and
the State courts; or
(4) technical and other corrections and revisions to conform the
State Act and the Agreement in Principle attached to the State Act
to the Settlement Agreement.
(Pub. L. 103-116, Sec. 15, Oct. 27, 1993, 107 Stat. 1136.)
References in Text
The Housing and Community Development Act of 1987, referred to in
subsec. (d), is Pub. L. 100-242, Feb. 5, 1988, 101 Stat. 1815, as
amended. Title VII of the Act is classified principally to chapter 120
(Sec. 11501 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title of 1988
Amendment note under section 5301 of Title 42 and Tables.
The Foreign Trade Zones Act of 1934, referred to in subsec. (d),
probably means act June 18, 1934, ch. 590, 48 Stat. 998, as amended,
popularly known as the Foreign Trade Zones Act, which is classified
generally to chapter 1A (Sec. 81a et seq.) of Title 19, Customs Duties.
For complete classification of this Act to the Code, see Tables.
Section Referred to in Other Sections
This section is referred to in section 941n of this title.
