H.R. 2399 (103rd): Catawba Indian Tribe of South Carolina land Claims Settlement Act of 1993

103rd Congress, 1993–1994. Text as of Jun 10, 1993 (Introduced).

Status & Summary | PDF | Source: GPO

HR 2399 IH

103d CONGRESS

1st Session

H. R. 2399

To provide for the settlement of land claims of the Catawba Tribe of Indians in the State of South Carolina and the restoration of the Federal trust relationship with the Tribe, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 10, 1993

Mr. DERRICK introduced the following bill; which was referred jointly to the Committees on Natural Resources and Ways and Means


A BILL

To provide for the settlement of land claims of the Catawba Tribe of Indians in the State of South Carolina and the restoration of the Federal trust relationship with the Tribe, 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 ‘Catawba Indian Tribe of South Carolina Land Claims Settlement Act of 1993’.

SEC. 2. 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 has also 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.

        (D) In 1959, 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 bared 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 State participate in the funding and implementation of the Settlement Agreement.

    (b) PURPOSE- It is the purpose of this Act--

      (1) to approve, ratify, and confirm the Settlement Agreement entered into by the non-Indian settlement parties and the Tribe;

      (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 Act;

      (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.

SEC. 3. DEFINITIONS.

    For purposes of this Act:

      (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 terms ‘internal matters’ or ‘internal tribal matters’ mean matters which include (but are not limited to) the relationship between the Tribe and one or more of its Members, the conduct of tribal government over Members, and the Tribe’s exercise of the power to exclude individuals from the Reservation.

      (7) The term ‘Member’ means individuals who are members of the Tribe as determined in accordance with this Act.

      (8) The term ‘Reservation’ or ‘Expanded Reservation’ means the Existing Reservation and the lands added to the Existing Reservation in accordance with section 14 of this Act, which are to be held in trust by the Secretary in accordance with this Act.

      (9) The term ‘Secretary’ means the Secretary of the Interior.

      (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 implementing legislation and filed with the Secretary of State of the State of South Carolina.

      (11) The term ‘State’ means, except for sections 6(a) through (f) and subsections (d)(2) and (h) of section 18 of this Act, the State of South Carolina.

      (12) 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.

      (13) 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).

      (14) 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.

      (15) The term ‘Trust Funds’ means the trust funds established by section 13 of this Act.

SEC. 4. RESTORATION OF FEDERAL TRUST RELATIONSHIP.

    (a) RESTORATION OF THE FEDERAL TRUST RELATIONSHIP- On the effective date of this Act, the trust relationship between the Tribe and the United States shall be restored.

    (b) ELIGIBILITY FOR FEDERAL BENEFITS AND SERVICES- Notwithstanding any other provision of law, on the same date as the trust relationship is restored, the Tribe and the Members shall be eligible for all benefits and services furnished to federally recognized Indian tribes and their members because of their status as Indians. On the effective date of this Act, the Secretary shall enter the Tribe on the list of federally recognized bands and tribes maintained by the Department of the Interior; and its members shall be entitled to special services, educational benefits, medical care, and welfare assistance provided by the United States to Indians because of their status as Indians, and the Tribe shall be entitled to the special services performed by the United States for tribes because of their status as Indian tribes.

    (c) HEALTH CARDS- In addition to any other entitlement or eligibility the Tribe or Members may have because of their status as Indians, the Indian Health Service shall issue health cards for use by any Member in a health care facility of their choosing approved by the Indian Health Service as to quality of care. Such health card shall entitle the Member to the same level of care as is available at any Indian health care facility or through contract health care for Indians.

    (d) REPEAL OF TERMINATION ACT- The Termination Act is repealed, and the provisions of the Termination Act shall not apply to the Tribe or Members after the effective date of this Act.

    (e) EFFECT ON PROPERTY RIGHTS AND OTHER OBLIGATIONS- Except as otherwise specifically provided in this Act, this Act shall not affect any property right or obligation or any contractual right or obligation in existence before the effective date of this Act, or any obligation for taxes levied before that date.

    (f) EXTENT OF JURISDICTION- This Act shall not be construed to empower the Tribe with special jurisdiction or to deprive the State of jurisdiction other than as expressly provided by this Act or by the State implementing legislation. The jurisdiction and governmental powers of the Tribe shall be solely those set forth in this Act and the State implementing legislation.

    (g) IMPACT AID- For purposes of the Act of September 30, 1950 (Public Law 874, 81st Congress; 20 U.S.C. 236 et seq.), if any property within the school district of any local educational agency is occupied by any part of the Expanded Reservation, such local educational agency shall be considered to have fulfilled the requirements of section 2 of such Act and shall be eligible for payments under section 3 of such Act.

SEC. 5. SETTLEMENT FUNDS.

    (a) AUTHORIZATION FOR APPROPRIATION- There is hereby authorized to be appropriated $32,000,000 for the Federal share which shall be deposited in the trust funds established pursuant to section 13 of this Act or paid pursuant to section 6(g).

    (b) DISBURSEMENT IN ACCORDANCE WITH SETTLEMENT AGREEMENT- The Federal Funds appropriated pursuant to this Act shall be disbursed in five equal annual installments of $6,400,000 beginning in the fiscal year following enactment of this Act. Funds transferred to the Secretary from other sources shall be deposited in the trust funds established pursuant to section 13 of this Act or paid pursuant to section 6(g) within 30 days of receipt by the Secretary.

    (c) PRIVATE FUNDS- Any private payments made to settle the claims may be treated, at the election of the taxpayer, as either a payment in settlement of litigation or a charitable contribution for Federal income tax purposes.

    (d) FEDERAL, STATE, LOCAL AND PRIVATE CONTRIBUTIONS HELD IN TRUST BY SECRETARY- The Secretary shall, on behalf of the Tribe, collect those contributions toward settlement appropriated or received by the State pursuant to section 5.2 of the Settlement Agreement and shall either hold such funds totalling $18,000,000, together with the Federal funds appropriated pursuant to this Act, in trust for the Tribe pursuant to the provisions of section 13 of this Act or pay such funds pursuant to section 6(g) of this Act.

SEC. 6. 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 does approve and ratify any such transfer effective as of the date of said transfer. Nothing in this section shall be construed to affect or eliminate 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 date of enactment of this Act 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- Nothing in this section shall be construed to diminish or derogate from the fee simple estate in the Existing Reservation or fee simple owned by members.

    (g) COSTS AND ATTORNEYS’ FEES- The parties to the Suits shall bear their own costs and attorneys’ fees except that the Secretary shall approve and pay to the Tribe’s attorneys in the Suits reasonable attorneys’ fees and expenses 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.

SEC. 7. TRIBAL MEMBERSHIP.

    (a) MEMBERSHIP CRITERIA- A person shall be considered a member of the Tribe and his or her name shall be carried on the membership roll if the person is living on the date of enactment of this Act and--

      (1) his or her name was listed on the membership roll published by the Secretary in the Federal Register on February 25, 1961 (26 Federal Register 1680-1688, ‘Notice of Final Membership Roll’), and he or she is not excluded under the provisions of subsection (b); or

      (2) The Executive Committee determines, based on the criteria used to compile the roll referred to in paragraph (1), that his or her name should have been included on the membership roll at that time, but was not; or

      (3) he or she is a lineal descendant of a Member whose name appeared or should have appeared on the membership roll referred to in paragraph (1).

    (b) REVISION OF MEMBERSHIP ROLL- The Tribe shall revise and update its membership roll to include those persons eligible for membership under subsection (a) and excluding any persons found to have been erroneously listed.

    (c) FEDERAL REGISTER NOTICE- As soon as practicable after the enactment of this Act, the Secretary shall publish in the Federal Register a notice stating:

      (1) That the rolls of the Tribe are open and will remain open for a period of 90 days.

      (2) The requirements for membership.

      (3) The final membership roll as of September 21, 1959.

      (4) The updated membership roll as prepared by the Executive Committee and approved by the General Council.

      (5) The name and address of the tribal or Federal official to whom inquiries should be made.

    (d) FINALIZING MEMBERSHIP ROLL- Within 120 days after publication of notice under subsection (c), the Secretary, after consultation with the Tribe, shall prepare and publish in the Federal Register a proposed final roll of the Tribe’s membership. Within 60 days from the date of publication of the proposed final roll, an appeal may be filed with the Executive Committee under rules made by the Executive Committee in consultation with the Secretary. Such an appeal may be filed by a Member with respect to the inclusion of any name on the proposed membership roll and by any person with respect to the exclusion of his or her name from the membership roll. The Executive Committee shall review such appeals and render a decision, subject to the Secretary’s approval. If the Executive Committee and the Secretary disagree, the Secretary’s decision will be final. All such appeals shall be resolved within 90 days following publication of the proposed roll. The final membership roll of the Tribe shall then be published in the Federal Register and shall be final for purposes of the distribution of funds from the Per Capita Trust Fund.

    (e) FUTURE MEMBERSHIP IN THE TRIBE- The Tribe shall have the right to determine future membership in the Tribe; however, in no event may an individual be added to the final membership roll which is compiled in accordance with subsection (d) unless an individual is a lineal descendant of a person on such final membership roll.

SEC. 8. TRANSITIONAL AND PROVISIONAL GOVERNMENT.

    (a) FUTURE TRIBAL GOVERNMENT- The Tribe shall adopt a new constitution within 24 months after enactment of this Act.

    (b) EXECUTIVE COMMITTEE AS TRANSITIONAL BODY- (1) Until the Tribe has adopted a constitution, the existing tribal constitution shall remain in effect and the Executive Committee is recognized as the provisional and transitional governing body of the Tribe. For a period not to exceed 24 months from the date of enactment of this Act, the Executive Committee shall--

      (A) represent the Tribe and its Members in the implementation of this Act; and

      (B) during such period--

        (i) have full authority to enter into contracts, grant agreements and other arrangements with any Federal department or agency; and

        (ii) have full authority to administer or operate any program under such contracts or agreements.

    (2) Until the initial election of tribal officers under a new constitution and by-laws, the Executive Committee shall--

      (A) determine tribal membership in accordance with the provisions of section 7; and

      (B) oversee and implement the revision and proposal to the Tribe of a new constitution and conduct such tribal meetings and elections as required by this Act.

SEC. 9. TRIBAL CONSTITUTION AND GOVERNANCE.

    (a) INDIAN REORGANIZATION ACT- If the Tribe so elects, it may organize under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the ‘Indian Reorganization Act’). The Tribe shall be subject to such Act except to the extent such sections are inconsistent with this Act.

    (b) ADOPTION OF NEW TRIBAL CONSTITUTION- Within 180 days after the enactment of this Act, the Executive Committee shall draft and distribute to each Member eligible to vote under the Tribal constitution in effect on the date of enactment of this Act, a proposed constitution and bylaws for the Tribe together with a brief, impartial description of the proposed constitution and bylaws and a notice of the date, time and location of the election under this subsection. Not sooner than 30 days or later than 90 days after the distribution of the proposed constitution, the Executive Committee shall conduct a secret-ballot election to adopt a new constitution and bylaws.

    (c) MAJORITY VOTE FOR ADOPTION; PROCEDURE IN EVENT OF FAILURE TO ADOPT PROPOSED CONSTITUTION- (1) The tribal constitution and bylaws shall be ratified and adopted if--

      (A) not less than 30 percent of those entitled to vote do vote; and

      (B) approved by a majority of those actually voting.

    (2) If in any such election such majority does not approve the adoption of the proposed constitution and bylaws, the Executive Committee shall prepare another proposed constitution and bylaws and present it to the Tribe in the same manner provided in this section for the first constitution and bylaws. Such new proposed constitution and bylaws shall be distributed to the eligible voters of the Tribe no later than 180 days after the date of the election in which the first proposed constitution and bylaws failed of adoption. An election on the question of the adoption of the new proposal of the Executive Committee shall be conducted in the same manner provided in subsection (b) for the election on the first proposed constitution and bylaws.

    (d) ELECTION OF TRIBAL OFFICERS- Within 120 days after the Tribe ratifies and adopts a constitution and bylaws, the Executive Committee shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in the constitution and bylaws. Subsequent elections shall be held in accordance with the Tribe’s constitution and bylaws.

    (e) EXTENSION OF TIME- Any time periods prescribed in subsections (b) and (c) may be altered by written agreement between the Executive Committee and the Secretary.

SEC. 10. JURISDICTION AND GOVERNANCE OF THE RESERVATION.

    (a) POWERS OF TRIBE- (1) Regardless of whether the Tribe elects to organize under the Act of June 18, 1934, under section 9(a), in any constitution adopted by the Tribe, the Tribe may be authorized to exercise authority as consistent with the Settlement Agreement and this Act--

      (A) to regulate the use and disposition of tribal property;

      (B) to define laws, petty crimes, and rules of conduct applicable to Members while on the Reservation, supplementing but not supplanting the criminal laws of the State;

      (C) to regulate the conduct of businesses located on the Reservation and individuals residing on the Reservation;

      (D) to levy taxes on Members and levy other taxes as provided by this Act and by the Settlement Agreement;

      (E) to grant exemptions, abatements, or waivers from any tribal laws, tribal regulations, or tribal taxes, except the Tribal Sales and Use Taxes, otherwise applicable on the Reservation, including waivers of the jurisdiction of any tribal court;

      (F) to adopt its own form of government;

      (G) to determine membership as provided by this Act;

      (H) to exclude non-members from its membership rolls and from the Reservation, except for--

        (i) any public roads traversing the Reservation;

        (ii) passage on and use of the Catawba River;

        (iii) public or private easements encumbering the Reservation properly used by those with authority to use such easements;

        (iv) Federal, State and local governmental officials and employees duly performing official governmental functions on the Reservation; and

        (v) any other access to the Reservation allowed by Federal law; and

      (I) to charter tribally-owned economic development corporations and enterprises provided the corporations or enterprises register with the Secretary of State for South Carolina as a domestic or foreign corporation when doing business off the Reservation.

    (2) Except as otherwise provided in this Act and in the Settlement Agreement, the Tribe shall exercise full authority over internal matters.

    (b) INDIAN CIVIL RIGHTS ACT- The Tribe shall be subject to titles II through VII of Public Law 90-284, as amended (25 U.S.C. 1301 et seq.; commonly referred to as the ‘Indian Civil Rights Act’) which shall apply to the Reservation, any tribal court, and anyone subject to the jurisdiction of the Tribe.

SEC. 11. CRIMINAL JURISDICTION.

    (a) CRIMINAL JURISDICTION GENERALLY- Except as provided in subsection (b), the State shall exercise exclusive jurisdiction over all crimes under the statutory or common law of the State of South Carolina.

    (b) CRIMINAL JURISDICTION OF TRIBAL COURT- (1) Any constitution adopted by the Tribe may provide for a tribal court with original and appellate criminal jurisdiction, subject to the following limitations:

      (A) The territorial jurisdiction of the court shall be limited to the Reservation.

      (B) The jurisdiction of the court over persons shall be limited to Members.

      (C) The subject matter jurisdiction of the court shall be limited to crimes within the jurisdiction of the State’s Magistrates’ Courts and to any additional misdemeanors and petty offenses specified in the ordinances or laws adopted by the Tribe.

      (D) The fines and penalties for such misdemeanors and offenses shall not exceed the maximum fines and penalties that a State magistrate’s court may impose.

    (2) In all cases in which the tribal court has jurisdiction over State law--

      (A) its jurisdiction shall be concurrent with the jurisdiction of the Magistrates’ Court of the State; and

      (B) defendants shall have the right to remove such cases to the Magistrates’ Court or appeal their convictions in tribal court cases to the General Sessions Court, in the same manner that Magistrates’ Court’s decisions may be appealed, or in accordance with such procedures as the South Carolina General Assembly may provide.

    (3) In cases where the tribal court is applying those additional ordinances or laws adopted by the Tribe in accordance with this subsection, it shall have exclusive jurisdiction.

    (c) PEACE OFFICERS- For the purpose of enforcing the Tribe’s powers under sections 10(a), 11, and 17 of this Act, the Tribe may employ peace officers. The employment and authority of peace officers shall be in the manner prescribed in the Settlement Agreement and the State implementing legislation.

SEC. 12. CIVIL JURISDICTION OF TRIBAL COURT.

    (a) JURISDICTION AS PRESCRIBED BY THIS ACT- (1) The Tribe may provide in its constitution for a Tribal Court having civil jurisdiction which may extend up to, but not exceed, the extent provided by this Act. The Tribe may have a court of original jurisdiction, as well as an appellate court.

    (2)(A) With respect to actions on contracts, the Tribal Court may be vested with jurisdiction over the following:

      (i) An action on a contract to which the Tribe or a Member is a party, which expressly provides in writing that the Tribal Court has concurrent or exclusive jurisdiction.

      (ii) An action on a contract between the Tribe or a Member and other parties or agents thereof who are physically present on the Reservation when the contract is made, which is to be performed in part on the Reservation so long as the contract does not expressly exclude jurisdiction of the Tribal Court.

      (iii) An action on a contract to which the Tribe or a member of the Tribe is a party where more than 50 percent of the services to be rendered are performed on the Reservation so long as the contract does not expressly exclude jurisdiction of the Tribal Court.

    (B) For purposes of this paragraph, the delivery of goods or the solicitation of business on the Reservation shall not constitute part performance sufficient to confer jurisdiction.

    (3) With respect to actions in tort, the Tribal Court may be vested with jurisdiction over the following:

      (A) An action arising out of an intentional tort, as defined by South Carolina law, committed on the Reservation in which recovery is sought for bodily injuries and/or damages to tangible property located on the Reservation.

      (B) An action arising out of negligent tortious conduct occurring on the Reservation or conduct occurring on the Reservation for which strict liability may be imposed, excluding, however, accidents occurring within the right-of-way limits of any highway, road, or other public easement owned or maintained by the State or any of its subdivisions, or by the United States, which abuts or crosses the Reservation. Any such action in tort involving a non-member of the Tribe as defendant may be removed to a State or Federal court of appropriate jurisdiction if the amount in controversy exceeds the jurisdictional limits then applicable to Magistrate’s Courts in the State of South Carolina.

    (4) The Tribal Court may be vested with exclusive jurisdiction over internal matters of the Tribe.

    (5) The Tribal Court may be vested with jurisdiction over domestic relations where both spouses to the marriage are Members and both reside on the Reservation or last resided together on the Reservation before the separation leading to their divorce.

    (6) The Tribal Court may be vested with jurisdiction to enforce against any business located on the Reservation, and any Member or non-Member residing on the Reservation, any tribal civil regulation regulating conduct on the Reservation enacted pursuant to section 10(a) or 17 of this Act. Such persons or entities are charged with notice of the Tribe’s regulations governing conduct on the Reservation and are subject to the enforcement of such regulations in the tribal court unless the Tribe has specifically exempted the entity or person from any or all regulation and enforcement in tribal court.

    (b) CONCURRENT JURISDICTION- (1) The original jurisdiction of the Tribal Court over matters set forth in paragraphs (2) (if concurrent), (3), and (5) of subsection (a) shall be concurrent with the jurisdiction of the Court of Common Pleas of South Carolina, the Family Court, and United States District Court for South Carolina where permitted by title 28 of the United States Code.

    (2) The original jurisdiction of the Tribal Court over the matters set forth in paragraph (2)(A) of subsection (a) shall be concurrent or exclusive depending upon the agreement of the parties.

    (3) The original jurisdiction of the Tribal Court over matters set forth in paragraph (4) of subsection (a) shall be exclusive.

    (4) The original jurisdiction of the Tribal Court over matters set forth in paragraph (6) of subsection (a) shall be exclusive unless the Tribe has waived such exclusive jurisdiction as to any person or entity.

    (5) As to all paragraphs in subsection (a) referred to in this subsection, jurisdiction over appeals, if any, is governed by subsection (d).

    (c) WAIVER OF JURISDICTION- The Tribe may waive Tribal Court jurisdiction or the application of tribal laws with respect to any person or firm residing, doing business, or otherwise entering upon the Reservation or contracting with the Tribe. Any Member may also waive Tribal Court jurisdiction or specify in a written contract the law of any appropriate jurisdiction to govern any commercial transaction or the interpretation of a contract to which the Member is a party.

    (d) APPEALS TO STATE OR FEDERAL COURT- (1) All final judgments entered in actions tried in Tribal Court shall be subject to an appeal to the Family Court, the Court of Common Pleas, or the United States District Court depending upon whether that court would have had jurisdiction over the appealed matter had it been commenced in that court if--

      (A) a party to the suit is not a member of the Tribe;

      (B) the amount in controversy or the cost of complying with any equitable order or decree exceeds the jurisdictional limits then applicable in the Magistrate’s Court of South Carolina; and

      (C) the subject matter of the suit does not fall within the provisions of subsection (a)(2)(A)(i) if jurisdiction is exclusive, or subsection (a)(4) or (6).

    (2) The Tribe may enlarge the right of appeal to include other subject matters and Members, subject to such rules and procedures as the applicable court and relevant State and Federal laws may provide.

    (3) In any appeal under this subsection, the court, as appropriate, may--

      (A) enter judgment affirming the Tribal Court;

      (B) dismiss the case for lack of jurisdiction of the Tribal Court, but only in those cases where the Tribal Court has first addressed the issue of its jurisdiction;

      (C) reverse or remand the case for retrial or reconsideration in Tribal Court; or

      (D) grant a trial de novo in its court.

    (4) In any appeal, trial, or trial de novo pursuant to this subsection, the reviewing court shall apply any regulation enacted pursuant to tribal authority.

    (e) FULL FAITH AND CREDIT- (1) In cases subject to the provisions of subsection (a)(3) or (d), all final judgments of the Tribal Court shall be given full faith and credit in the State or Federal court with appropriate jurisdiction, and the Tribal Court shall give full faith and credit to final judgments of the State and Federal courts.

    (2) If a Member seeks to enforce against a non-Member in Federal court a final judgment of the Tribal Court in a case not subject to the provisions of subsection (a)(3) or (d), the judgment shall be reviewed by the Federal court in the manner provided in title 9, United States Code.

    (f) SOVEREIGN IMMUNITY- (1) The Tribe may sue, or be sued, in any court of competent jurisdiction; except, however, that the Tribe shall enjoy sovereign immunity, including damage limits and except as provided in this subsection, immunity from seizure, execution, or encumbrance of properties, to the same extent as the political subdivisions of the State as provided in the South Carolina Tort Claims Act (Section 15-78-10, et seq., S.C. Code Annotated, 1976 as amended), and amendments of general applicability thereto adopted after the date of enactment of this Act. With respect to non-consumer liability based on contract, however, the Tribe may, in a written contract, provide that it is immune from suit on that contract as if there had been no waiver of sovereign immunity.

    (2) Notwithstanding the provisions of this section, the Tribe shall be subject to suit as provided in section 17(a) of this Act.

    (3) The nature and extent of this sovereign immunity shall be construed consistent with the Settlement Agreement and with applicable State and Federal law.

    (4)(A) The Tribe shall procure and maintain liability insurance with the same coverage and limits as required of political subdivisions of the State.

    (B) In the event that the Tribe’s insurance coverage is inadequate or unavailable to satisfy a judgment within the limits of the South Carolina Tort Claims Act, neither the judgment nor any other process may be levied upon the corpus or principal of the Tribal Trust Funds or upon any property held in trust for the Tribe by the United States; however, the Tribe or the Secretary shall honor valid orders of a Federal or State court which enters money judgments for causes of action against the Tribe arising after the consummation of the Settlement Agreement by making an assignment to the judgment creditor of the right to receive income out of the next quarterly payment or payments of income from the Tribal Trust Funds.

    (g) INDIAN CHILD WELFARE ACT- (1) The Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.) shall apply to Catawba Indian children except as provided in this section.

    (2) Before the Tribe may assume jurisdiction over Indian child custody proceedings under the Indian Child Welfare Act of 1978, the Tribe shall present to the Secretary for approval a petition to assume such jurisdiction, and the Secretary shall approve the petition in the manner prescribed in such Act. Any petition to assume jurisdiction over Indian child custody proceedings by the Tribe shall be considered and determined by the Secretary in accordance with the relevant provisions of such Act. The Secretary’s determination that the Tribe may assume jurisdiction under such Act shall not affect any action or proceeding over which a court has assumed jurisdiction.

    (3) Until the Tribe has assumed jurisdiction over Indian child custody proceedings, the State shall retain exclusive jurisdiction over Indian custody proceedings; however, the State Court shall apply the Indian Child Welfare Act of 1978 in such proceedings.

    (4)(A) The Indian Child Welfare Act of 1978 shall not apply to private adoptions of Indian children under the jurisdiction of the Tribe under such Act where--

      (i) both parents consent to the adoption; or

      (ii) in the case of an unwed mother--

        (I) where the mother consents to the adoption when the father’s consent is not necessary for the adoption under South Carolina Law Section 20-7-1690 and any amendments thereto, and

        (II) the parents or mother help choose adoptive parents, regardless of whether or not the adoptive parents are outside the preferences of the Indian Child Welfare Act of 1978.

    (B) The court may consider any benefits, material and cultural, the child may lose in determining whether the proposed adoption is in the best interests of the child. Failure of the courts to make this consideration shall not be subsequently held to invalidate the adoption.

    (5) In all cases of adoption, regardless of whether the Indian Child Welfare Act of 1978 applies, section 107 of such Act (25 U.S.C. 1917) shall apply.

    (h) JURISDICTION OF STATE COURTS- If no Tribal Court is established by the Tribe, the State shall exercise jurisdiction over all civil and criminal cases arising out of acts and transactions occurring on the Reservation or involving Members. If the Tribe establishes a Tribal Court, the provisions of subsection (b) and section 11(b) shall govern whether such jurisdiction is exclusive or concurrent.

SEC. 13. TRIBAL TRUST FUNDS.

    (a) PURPOSES OF TRUST FUNDS- All funds paid pursuant to section 5 of this Act shall be deposited with the Secretary in trust for the benefit of the Tribe. Separate trust funds shall be established for the following purposes: Economic Development, Land Acquisition, Education, Social Services and Elderly Assistance, and Per-Capita Payments. Except as provided in this section, the Tribe, in consultation with the Secretary, shall determine the share of settlement payments to be deposited in each Trust Fund, and define, consistently with the provisions of this section, the purposes of each Trust Fund and provisions for administering each, specifically including provisions for periodic distribution of current and accumulated income, and for invasion and restoration of principal.

    (b) OUTSIDE MANAGEMENT OPTION- (1) The Tribe, in consultation with and subject to the approval of the Secretary, is authorized to place any of the Trust Funds under professional management, outside the Department of the Interior.

    (2) If the Tribe elects to place any of the Trust Funds under professional management outside the Department of the Interior, it may engage a consulting or advisory firm to assist in the selection of an independent professional investment management firm, and it shall engage, with the approval of the Secretary, an independent investment management firm of proven competence and experience established in the business of counseling large endowments, trusts, or pension funds.

    (3) The Secretary shall have 45 days to approve or reject any independent investment management firm selected by the Tribe. If the Secretary fails to approve or reject the firm selected by the Tribe within 45 days, the investment management firm selected by the Tribe shall be deemed to have been approved by the Secretary.

    (4) Secretarial approval of an investment management firm shall not be unreasonably withheld, and any Secretarial disapproval of an investment management firm shall be accompanied by a detailed explanation setting forth the Secretary’s reasons for such disapproval.

    (5)(A) For funds placed under professional management, the Tribe, in consultation with the Secretary and its investment manager, shall develop--

      (i) current operating and long-term capital budgets; and

      (ii) a plan for managing, investing, and distributing income and principal from the Trust Funds to match the requirements of the Tribe’s operating and capital budgets.

    (B) For each Trust Fund which the Tribe elects to place under outside professional management, the investment plan shall provide for investment of Trust Fund assets so as to serve the purposes described in this section and in the Trust Fund provisions which the Tribe shall establish in consultation with the Secretary and the independent investment management firm.

    (C) Distributions from each Trust Fund shall not exceed the limits on the use of principal and income imposed by the applicable provisions of this Act for that particular Trust Fund.

    (D)(i) The Tribe’s investment management plan shall not become effective until approved by the Secretary.

    (ii) Upon submission of the plan by the Tribe to the Secretary for approval, the Secretary shall have 45 days to approve or reject the plan. If the Secretary fails to approve or disapprove the plan within 45 days, the plan shall be deemed to have been approved by the Secretary and shall become effective immediately.

    (iii) Secretarial approval of the plan shall not be unreasonably withheld and any secretarial rejection of the plan shall be accompanied by a detailed explanation setting forth the Secretary’s reasons for rejecting the plan.

    (E) Until the selection of an established investment management firm of proven competence and experience, the Tribe shall rely on the management, investment, and administration of the Trust Funds by the Secretary pursuant to the provisions of this section.

    (c) TRANSFER OF TRUST FUNDS; EXCULPATION OF SECRETARY- Upon the Secretary’s approval of the Tribe’s investment management firm and an investment management plan, all funds previously deposited in trust funds held by the Secretary and all funds subsequently paid into the trust funds, which are chosen for outside management, shall be transferred to the accounts established by an investment management firm in accordance with the approved investment management plan. The Secretary shall be exculpated by the Tribe from liability for any loss of principal or interest resulting from investment decisions made by the investment management firm. Any Trust Fund transferred to an investment management firm shall be returned to the Secretary upon written request of the Tribe, and the Secretary shall manage such funds for the benefit of the Tribe.

    (d) LAND ACQUISITION TRUST- (1) The Secretary shall establish and maintain a Catawba Land Acquisition Trust Fund, and until the Tribe engages an outside firm for investment management of this trust fund, the Secretary shall manage, invest, and administer this trust fund. The original principal amount of the Land Acquisition Trust Fund shall be determined by the Tribe in consultation with the Secretary.

    (2) The principal and income of the Land Acquisition Trust Fund may be used for the purchase and development of Reservation and non-Reservation land pursuant to the Settlement Agreement, costs related to land acquisition, and costs of construction of infrastructure and development of the Reservation and non-Reservation land.

    (3)(A) Upon acquisition of the maximum amount of land allowed for expansion of the Reservation, or upon request of the Tribe and approval of the Secretary pursuant to the Secretarial approval provisions set forth in subsection (b)(5)(D) of this section, all or part of the balance of this trust fund may be merged into one or more of the Economic Development Trust Fund, the Education Trust Fund, or the Social Services and Elderly Assistance Trust Fund.

    (B) Alternatively, at the Tribe’s election, the Land Acquisition Trust Fund may remain in existence after all the Reservation land is purchased in order to pay for the purchase of non-Reservation land.

    (4)(A) The Tribe may pledge or hypothecate the income and principal of the Land Acquisition Trust Fund to secure loans for the purchase of Reservation and non-Reservation lands.

    (B) Following enactment of this Act and before the final annual disbursement is made as provided in section 5 of this Act, the Tribe may pledge or hypothecate up to 50 percent of the unpaid annual installments required to be paid to this Trust Fund, the Economic Development Trust Fund and the Social Services and Elderly Assistance Trust Fund by section 5 of this Act and by section 5 of the Settlement Agreement, to secure loans to finance the acquisition of Reservation or non-Reservation land or infrastructure improvements on such lands.

    (e) ECONOMIC DEVELOPMENT TRUST- (1) The Secretary shall establish and maintain a Catawba Economic Development Trust Fund, and until the Tribe engages an outside firm for investment management of this Trust Fund, the Secretary shall manage, invest, and administer this Trust Fund. The original principal amount of the Economic Development Trust Fund shall be determined by the Tribe in consultation with the Secretary. The principal and income of this Trust Fund may be used to support tribal economic development activities, including but not limited to infrastructure improvements and tribal business ventures and commercial investments benefiting the Tribe.

    (2) The Tribe, in consultation with the Secretary, may pledge or hypothecate future income and up to 50 percent of the principal of this Trust Fund to secure loans for economic development. In defining the provisions for administration of this Trust Fund, and before pledging or hypothecating future income or principal, the Tribe and the Secretary shall agree on rules and standards for the invasion of principal and for repayment or restoration of principal, which shall encourage preservation of principal, and provide that, if feasible, a portion of all profits derived from activities funded by principal be applied to repayment of the Trust Fund.

    (3) Following the enactment of this Act and before the final annual disbursement is made as provided in section 5 of this Act, the Tribe may pledge or hypothecate up to 50 percent of the unpaid annual installments required to be paid by section 5 of this Act and by section 5 of the Settlement Agreement to secure loans to finance economic development activities of the Tribe, including (but not limited to) infrastructure improvements on Reservation and non-Reservation lands.

    (4) If the Tribe develops sound lending guidelines approved by the Secretary, a portion of the income from this Trust Fund may also be used to fund a revolving credit account for loans to support tribal businesses or business enterprises of tribal members.

    (f) EDUCATION TRUST- The Secretary shall establish and maintain a Catawba Education Trust Fund, and until the Tribe engages an outside firm for investment management of this Trust Fund, the Secretary shall manage, invest, and administer this Trust Fund. The original principal amount of this Trust Fund shall be determined by the Tribe in consultation with the Secretary; subject to the requirement that upon completion of all payments into the Trust Funds, an amount equal to at least 1/3 of all State, local, and private contributions made pursuant to the Settlement Agreement shall have been paid into the Education Trust Fund. Income from this Trust Fund shall be distributed in a manner consistent with the terms of the Settlement Agreement. The principal of this Trust Fund shall not be invaded or transferred to any other Trust Fund, nor shall it be pledged or encumbered as security.

    (g) SOCIAL SERVICES AND ELDERLY ASSISTANCE TRUST- (1) The Secretary shall establish and maintain a Catawba Social Services and Elderly Assistance Trust Fund and, until the Tribe engages an outside firm for investment management of this Trust Fund, the Secretary shall manage, invest, and administer the Social Services and Elderly Assistance Trust Fund. The original principal amount of this Trust Fund shall be determined by the Tribe in consultation with the Secretary.

    (2) The income of this Trust Fund shall be periodically distributed to the Tribe to support social services programs, including (but not limited to) housing, care of elderly, or physically or mentally disabled Members, child care, supplemental health care, education, cultural preservation, burial and cemetery maintenance, and operation of tribal government.

    (3) The Tribe, in consultation with the Secretary, shall establish eligibility criteria and procedures to carry out this subsection.

    (h) PER CAPITA PAYMENT TRUST FUND- (1) The Secretary shall establish and maintain a Catawba Per Capita Payment Trust Fund in an amount equal to 15 percent of the settlement funds paid pursuant to section 5 of the Settlement Agreement. Until the Tribe engages an outside firm for investment management of this Trust Fund, the Secretary shall manage, invest, and administer the Catawba Per Capita Payment Trust Fund.

    (2) Each person whose name appears on the final roll of the Tribe published by the Secretary pursuant to section 7(c) of this Act will receive a one-time, non-recurring payment from this Trust Fund.

    (3) The amount payable to each member shall be determined by dividing the trust principal and any accrued interest thereon by the number of members on the final roll.

    (4)(A) Subject to the provisions of this paragraph, each enrolled member who has reached the age of 21 years on the date the final roll is published shall receive the payment on the date of distribution, which shall be as soon as practicable after date of publication of the final roll. Adult Members shall be paid their pro rata share of this Trust Fund on the date of distribution unless they elect in writing to leave their pro rata share in the Trust Fund, in which case such share shall not be distributed.

    (B) The pro rata share of adult Members who elect not to withdraw their payment from this Trust Fund shall be managed, invested and administered, together with the funds of Members who have not attained the age of 21 years on the date the final roll is published, until such Member requests in writing that their pro rata share be distributed, at which time such Member’s pro rata share shall be paid, together with the net income of the Trust Fund allocable to such Member’s share as of the date of distribution.

    (C) No member may elect to have their pro rata share managed by this Trust Fund for a period of more than 21 years after the date of publication of the final roll.

    (5)(A) Subject to the provisions of this paragraph, the pro rata share of any Member who has not attained the age of 21 years on the date the final roll is published shall be managed, invested and administered pursuant to the provisions of this section until such Member has attained the age of 21 years, at which time such Member’s pro rata share shall be paid, together with the net income of the Trust Fund allocable to such Member’s share as of the date of payment. Such Members shall be paid their pro rata share of this Trust Fund on the date they attain 21 years of age unless they elect in writing to leave their pro rata share in the Trust Fund, in which case such share shall not be distributed.

    (B) The pro rata share of such Members who elect not to withdraw their payment from this trust fund shall be managed, invested and administered, together with the funds of members who have not attained the age of 21 years on the date the final roll is published, until such Member requests in writing that their pro rata share be distributed, at which time such Member’s pro rata share shall be paid, together with the net income of the Trust Fund allocable to such Member’s share as of the date of distribution.

    (C) No Member may elect to have their pro rata share retained and managed by this Trust Fund beyond the expiration of the period of 21 years after the date of publication of the final roll.

    (6) After payments have been made to all Members entitled to receive payments, this Trust Fund shall terminate, and any balance remaining in this Trust Fund shall be merged into the Economic Development Trust Fund, the Education Trust Fund, or the Social Services and Elderly Assistance Trust Fund, as the Tribe may determine.

    (i) DURATION OF TRUST FUNDS- Subject to the provisions of this section and with the exception of the Catawba Per Capita Payment Trust Fund, the Trust Funds established in accordance with this section shall continue in existence so long as the Tribe exists and is recognized by the United States. The principal of these Trust Funds shall not be invaded or distributed except as expressly authorized in this Act or in the Settlement Agreement.

    (j) TRANSFER OF MONEY AMONG TRUST FUNDS- The Tribe, in consultation with the Secretary, shall have the authority to transfer principal and accumulated income between Trust Funds only as follows:

      (1) Funds may be transferred among the Catawba Economic Development Trust Fund, the Catawba Land Acquisition Trust Fund and the Catawba Social Services and Elderly Assistance Trust Fund, and from any of those three Trust Funds into the Catawba Education Trust Fund; except, that the mandatory share of State, local, and private sector funds invested in the original corpus of the Catawba Education Trust Fund shall not be transferred to any other Trust Fund.

      (2) Any Trust Fund, except for the Catawba Education Trust Fund, may be dissolved by a vote of two-thirds of those Members eligible to vote, and the assets in such Trust Fund shall be transferred to the remaining Trust Funds; except, that (A) no assets shall be transferred from any of the Trust Funds into the Catawba Per Capita Payment Trust Fund, and (B) the mandatory share of State, local and private funds invested in the original corpus of the Catawba Education Trust Fund may not be transferred or used for any non-educational purposes.

      (3) The dissolution of any Trust Fund shall require the approval of the Secretary pursuant to the Secretarial approval provisions set forth in subsection (b)(5)(D) of this section.

    (k) TRUST FUND ACCOUNTING- (1) The Secretary shall account to the Tribe periodically, and at least annually, for all Catawba Trust Funds being managed and administered by the Secretary. The accounting shall--

      (A) identify the assets in which the Trust Funds have been invested during the relevant period;

      (B) report income earned during the period, distinguishing current income and capital gains;

      (C) indicate dates and amounts of distributions to the Tribe, separately distinguishing current income, accumulated income, and distributions of principal; and

      (D) identify any invasions or repayments of principal during the relevant period and record provisions the Tribe has made for repayment or restoration of principal.

    (2)(A) Any outside investment management firm engaged by the Tribe shall account to the Tribe and separately to the Secretary at periodic intervals, at least quarterly. Its accounting shall--

      (i) identify the assets in which the Trust Funds have been invested during the relevant period;

      (ii) report income earned during the period, separating current income and capital gains;

      (iii) indicate dates and amounts of distributions to the Tribe, distinguishing current income, accumulated income, and distributions of principal; and

      (iv) identify any invasions or repayments of principal during the relevant period and record provisions the Tribe has made for repayment or restoration of principal.

    (B) Prior to distributing principal from any Trust Fund, the investment management firm shall notify the Secretary of the proposed distribution and the Tribe’s proposed use of such funds, following procedures to be agreed upon by the investment management firm, the Secretary, and the Tribe. The Secretary shall have 15 days within which to object in writing to any such invasion of principal. Failure to object will be deemed approval of the distribution.

    (C) All Trust Funds held and managed by any investment management firm shall be audited annually by a certified public accounting firm approved by the Secretary, and a copy of the annual audit shall be submitted to the Tribe and to the Secretary within four months following the close of the Trust Funds’s fiscal year.

    (l) REPLACEMENT OF INVESTMENT MANAGEMENT FIRM AND MODIFICATION OF INVESTMENT MANAGEMENT PLAN- The Tribe shall not replace the investment management firm approved by the Secretary without prior written notification to the Secretary and approval by the Secretary of any investment management firm chosen by the Tribe as a replacement. Such Secretarial approval shall be given or denied in accordance with the Secretarial approval provisions contained in subsection (b)(5)(D) of this section. The Tribe and its investment management firm shall also notify the Secretary in writing of any revisions in the investment management plan which materially increase investment risk or significantly change the investment management plan, or the agreement, made in consultation with the Secretary pursuant to which the outside management firm was retained.

    (m) TRUST FUNDS NOT COUNTED FOR CERTAIN PURPOSES; USE AS MATCHING FUNDS- None of the funds, assets, income, payments, or distributions from the trust funds established pursuant to this section (except funds distributed from the Catawba Per Capita Trust Fund) shall at any time affect the eligibility of the Tribe or its Members for, or be used as a basis for denying or reducing funds to the Tribe or its Members under any Federal, State, or local program. Distributions from these Trust Funds may be used as matching funds, where appropriate, for Federal grants or loans.

SEC. 14. ESTABLISHMENT OF EXPANDED RESERVATION.

    (a) EXISTING RESERVATION- The State, after obtaining any necessary judicial approval, shall convey the Existing Reservation to the United States as trustee for the Tribe, and the obligation of the State as trustee for the Tribe with respect to this land shall cease.

    (b) EXPANDED RESERVATION- (1) The Secretary, in consultation with the Tribe, shall develop an Expanded Reservation in the manner prescribed by the Settlement Agreement.

    (2) The Secretary, after consulting with the Tribe, shall engage a professional land planning firm and a registered land surveyor as provided in the Settlement Agreement. The Secretary will bear the cost of all services rendered by the surveyor and the planning firm.

    (3) After the effective date of this Act, the Secretary, in consultation with the Tribe, may identify, purchase, and place in Reservation status tracts of lands in the manner prescribed by the Settlement Agreement.

    (4) The Secretary shall bear the cost of all title examinations, preliminary subsurface soil investigations, and level one environmental audits to be performed on each parcel contemplated for purchase for the Expanded Reservation, and shall report the results to the Tribe. Payment of any option fee and the purchase price shall be drawn from the Catawba Land Acquisition Trust Fund.

    (5) The total area of the Expanded Reservation shall be limited to 3,000 acres, including the Existing Reservation, but the Tribe may exclude from this limit up to 600 acres of additional land under the conditions set forth in the Settlement Agreement. The Tribe may seek to have the permissible area of the Expanded Reservation enlarged by an additional 600 acres as set forth in the Settlement Agreement.

    (6) All lands acquired by the Secretary for the Expanded Reservation will be held in trust together with the Existing Reservation which the State is to convey to the United States.

    (c) EXPANSION ZONES- (1) Subject to the conditions, criteria, and procedures set forth in the Settlement Agreement, the Secretary and the Tribe shall endeavor at the outset to acquire contiguous tracts for the Expanded Reservation in the ‘Catawba Reservation Primary Expansion Zone’, as defined in the Settlement Agreement.

    (2) Subject to the conditions, criteria, and procedures set forth in the Settlement Agreement, the Secretary, in consultation with the Tribe, may elect to purchase contiguous tracts in an alternative area, the ‘Catawba Reservation Secondary Expansion Zone’, as defined in the Settlement Agreement.

    (3) The Tribe may propose different or additional expansion zones subject to the approval of the Secretary and to the additional authorizations required in the Settlement Agreement and the State implementing legislation.

    (d) NON-CONTIGUOUS TRACTS- The Secretary, acting on behalf of the Tribe, shall take such actions as are reasonable to expand the Existing Reservation by assembling a composite tract of contiguous parcels that border and surround the Existing Reservation. Before placing any non-contiguous tract in Reservation status, the Tribe, in consultation with the Secretary, shall submit to the county council in any county where it proposes to purchase such non-contiguous tracts a Non-Contiguous Development Plan Application, as provided by the Settlement Agreement and the State implementing legislation. Upon the approval of any such application by each affected county council, the Secretary, in consultation with the Tribe, may proceed to place non-contiguous tracts in Reservation status. No purchases of non-contiguous tracts shall be made for the Reservation except as set forth in the Settlement Agreement and the State implementing legislation.

    (e) VOLUNTARY LAND PURCHASES- (1) The power of eminent domain shall not be used by the Secretary or any governmental authority in acquiring parcels of land for the benefit of the Tribe, whether or not the parcels are to be part of the Reservation. All such purchases shall be made only from willing sellers by voluntary conveyances subject to the terms of the Settlement Agreement.

    (2) Conveyances by private land owners to the Secretary for the Expanded Reservation will be deemed, however, to be involuntary conversions within the meaning of section 1033 of the Internal Revenue Code of 1986.

    (3) Notwithstanding any other provision of this section and the provisions of the first section of the Act of August 1, 1888 (ch. 728, 25 Stat. 357; 40 U.S.C. 257), and the first section of the Act of February 26, 1931 (ch. 307, 46 Stat. 1421; 40 U.S.C. 258a), the Secretary may acquire Reservation land for the benefit of the Tribe from the ostensible owner of the land if the Secretary and the ostensible owner have agreed upon the identity of the land to be sold and upon the purchase price and other terms of sale. If the ostensible owner agrees to the sale, the Secretary may use condemnation proceedings to perfect or clear title and to acquire any interests of putative co-tenants whose address is unknown or the interests of unknown or unborn heirs or persons subject to mental disability.

    (f) TERMS AND CONDITIONS OF ACQUISITION- All properties acquired by the Secretary for the Tribe shall be acquired in fee simple subject to the terms and conditions set forth in the Settlement Agreement. The Secretary, acting on behalf of the Tribe and with its consent, is also authorized to acquire Reservation and non-Reservation lands using the methods of financing described in the Settlement Agreement.

    (g) AUTHORITY TO ERECT PERMANENT IMPROVEMENTS ON EXISTING AND EXPANDED RESERVATION LAND AND NON-RESERVATION LAND HELD IN TRUST- Notwithstanding any other provision of law or regulation, the Attorney General of the United States shall approve any deed or other instrument which conveys to the United States lands purchased pursuant to the provisions of this section and the Settlement Agreement. The Secretary or the Tribe may erect permanent improvements of a substantial value, or any other improvements authorized by law on such land after such land is conveyed to the United States.

    (h) EASEMENTS OVER RESERVATION- (1) The acquisition of lands for the Expanded Reservation shall not extinguish any easements or rights-of-way then encumbering such lands unless the Secretary or the Tribe enters into a written agreement with the owners terminating such easements or rights-of-way.

    (2)(A) The Secretary, with the approval of the Tribe, shall have the power to grant or convey easements and rights-of-way, in a manner consistent with the Settlement Agreement.

    (B) Unless the Tribe and the State agree upon a valuation formula for pricing easements over the Reservation, the Secretary shall be subject to proceedings for condemnation and eminent domain to acquire easements and rights of way for public purposes through the Reservation under the laws of the State in circumstances where no other reasonable access is available.

    (C) With the approval of the Tribe, the Secretary may also grant easements or rights-of-way over the Reservation for private purposes, and implied easements of necessity shall apply to all lands acquired by the Tribe, unless expressly excluded by the parties.

    (i) JURISDICTIONAL STATUS- Only land made part of the Reservation shall be governed by the special jurisdictional provisions set forth in this Act and the Settlement Agreement.

    (j) SALE AND TRANSFER OF RESERVATION LANDS- At the request of the Tribe, and with approval of the Secretary, the Secretary may sell, exchange, or lease lands within the Reservation, and sell timber or other natural resources on the Reservation under circumstances and in the manner prescribed by the Settlement Agreement.

    (k) TIME LIMIT ON ACQUISITIONS- All acquisitions of contiguous land to expand the Reservation or of non-contiguous lands to be placed in Reservation status shall be completed or under contract of purchase within 10 years from the date the last payment is made into the Land Acquisition Trust; except that for a period of 20 years after the date the last payment is made into the Catawba Land Acquisition Trust Fund, the Tribe may, subject to the limitation on the total size of the Reservation, continue to add parcels to up to two Reservation areas so long as the parcels acquired are contiguous to one of those two Reservation areas.

    (l) LEASES OF RESERVATION LANDS- The provisions of the first section of the Act of August 9, 1955 (ch. 615, 69 Stat. 539; 25 U.S.C. 415) shall not apply to the Tribe and its Reservation. The Tribe shall be authorized to lease its Reservation lands for terms up to but not exceeding 99 years.

    (m) NON-APPLICABILITY OF BIA LAND ACQUISITION REGULATIONS- The general land acquisition regulations of the Bureau of Indian Affairs, contained in part 151 of title 25, Code of Federal Regulations, shall not apply to the acquisition of lands authorized by this section.

SEC. 15. NON-RESERVATION PROPERTIES.

    (a) ACQUISITION OF NON-RESERVATION PROPERTIES- (1) The Tribe may draw upon the corpus or accumulated income of the Catawba Land Acquisition Trust Fund or the Catawba Economic Development Trust Fund to acquire and hold parcels of real estate outside the Reservation for the purposes and in the manner delineated in the Settlement Agreement.

    (2) If the ownership of any such properties by the Secretary or the Tribe, or any sub-entity of the Tribe, results in the removal of the property from ad valorem taxation, then payments shall be made by the Tribe in lieu of taxation that are equivalent to the taxes that would otherwise be paid if the property were subject to levy.

    (3) Notwithstanding any other provision of law, the Tribe may lease, sell, mortgage, restrict, encumber, or otherwise dispose of such non-Reservation lands in the same manner as other persons and entities under State law, and the Tribe as land owner shall be subject to the same obligations and responsibilities as other persons and entities under State, Federal, and local law.

    (4) Ownership and transfer of non-Reservation parcels shall not be subject to Federal law restrictions on alienation, including (but not limited to) the restrictions imposed by Federal common law and the provisions of the section 2116 of the Revised Statutes (25 U.S.C. 177).

    (b) JURISDICTION ON NON-RESERVATION PROPERTIES- (1) All non-Reservation properties, including such properties held by the Tribe as a corporate entity and such properties held in trust by the United States, and all activities conducted on such properties, shall be subject to the laws, ordinances, taxes, and regulations of the State and its political subdivisions in the same manner as such laws, ordinances, taxes, and regulations would apply to any other properties held by non-Indians in the same jurisdiction, except as provided in section 16 of this Act.

    (2) Activities on non-Reservation land shall be eligible for Federal grants and other Federal services for the benefit of Indians.

SEC. 16. GAMES OF CHANCE.

    (a) INAPPLICABILITY OF INDIAN GAMING REGULATORY ACT- The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not apply to the Tribe.

    (b) GAMES OF CHANCE GENERALLY- The Tribe shall have the rights and responsibilities set forth in the Settlement Agreement and the State implementing legislation with respect to the conduct of games of chance. Except as specifically set forth in the Settlement Agreement, the State implementing legislation, and this Act, all laws, ordinances, and regulations of the State, and its political subdivisions, shall govern the regulation of gambling devices and the conduct of gambling or wagering by the Tribe on and off the Reservation.

SEC. 17. GOVERNANCE AND REGULATION OF RESERVATION.

    (a) ENVIRONMENTAL LAWS- (1) All Federal, State, and local environmental laws and regulations shall apply to the Tribe and to the Reservation, and shall be fully enforceable by all Federal, State, and local agencies and authorities. Similarly, all requirements that a license, permit, or certificate be obtained from any Federal, State, or local agency shall also apply to the Tribe and to the Reservation. This provision shall extend without limitation to all environmental laws and regulations adopted after the date of enactment of this Act.

    (2) The Tribe, the Executive Committee, and all Members shall have the same--and no special or preferential--status under all such laws as other individuals or groups of individuals to contest, object to, or intervene in any proceeding or action in which environmental regulations are being made, adjudicated, or enforced, or in which licenses, permits, or certificates of convenience and necessity are being issued by any agency of Federal, State, or local government.

    (3) The Tribe shall have the authority to impose regulations applying higher environmental standards to the Reservation than those imposed by Federal or State law or by local governing bodies; but such tribal regulations shall apply only to the Reservation, and not to property surrounding the Reservation or non-Reservation property, or to the use of the Catawba River. Such tribal regulations shall not apply to activities or uses off the Reservation, even if those activities affect air quality on the Reservation.

    (4) The Tribe shall not be authorized to invoke sovereign immunity against any suit, proceeding, or environmental enforcement action involving any Federal, State, or local environmental laws or regulations, and shall be subject to all enforcement orders, restraining orders, fees, fines, injunctions, judgments, and other corrective or remedial measures imposed by such laws.

    (5) This section shall not impose different standards or requirements on the Tribe or the Secretary, when acting on the Tribe’s behalf, than would be applied to a private corporation.

    (b) BUILDING CODE- The Tribe shall incorporate by reference and adopt the York County Building Code, and any amendments thereto adopted after the date of enactment of this Act, and may contract with York County, South Carolina, for the services necessary to enforce, inspect, and regulate compliance with its Building Code. Such services shall be provided by York County as provided in the Settlement Agreement. In addition, those local jurisdictions which exact any fee, permit, or inspection services shall waive the fees otherwise charged for building permit or inspection services on the Reservation. The Tribe may adopt building code provisions to be applied on the Reservation in addition to, but not in derogation of, the York County Building Code, as amended from time to time.

    (c) PLANNING AND ZONING- With respect to any land use regulation within the Reservation, the Tribe shall have the power to adopt and enforce a land use plan after consultation with York County and Lancaster County, for those parts of the Reservation located in those respective jurisdictions. The Tribe and the affected governing bodies shall follow the consultative procedures created for settlement of the claim of the Puyallup Tribe in the State of Washington, as set out in House Report 101-57, pages 161-64, of the 101st Congress. In determining whether to permit the construction of any buildings or improvements on the Reservation, the Tribe shall consider--

      (1) the protection of established or planned residential areas from any use or development that would adversely affect residential living off the Reservation;

      (2) protection of the health, safety, and welfare of the surrounding community;

      (3) preservation of open spaces, rivers, and streams; and

      (4) provision of public facilities to support development.

    (d) HEALTH CODES- All public health codes of the State and any county in which the Reservation is located shall be applicable on the Reservation.

    (e) HUNTING AND FISHING- Subject to the provisions of section 17.5 of the Settlement Agreement concerning the acquisition of hunting and fishing licenses, hunting and fishing, on or off the Reservation, shall be conducted by members in compliance with the laws and regulations of the State.

    (f) RIPARIAN RIGHTS- (1) The littoral and riparian rights of the Tribe in the Catawba River, or in any other streams or waters crossing their lands, shall not differ in any respect from the rights of other owners whose land abuts non-tidal bodies of water or non-tidal water courses in South Carolina. The rights and obligations covered by this provision shall include, but not be limited to--

      (A) the title to the river bed;

      (B) the right to flood, pond, dam, and divert waters to the river or its tributaries;

      (C) the right to build docks and piers in the river;

      (D) the right to fish in the river or its tributaries; and

      (E) the right to discharge waste or withdraw water from the river or its tributaries.

    (2) The Tribe shall have the same rights and standing as all other riparian owners and users of the Catawba River to intervene in any proceeding or otherwise to contest or object to proposed actions or determinations of the Federal Energy Regulatory Commission or of any other governmental agency, commission, or court, whether Federal, State, or local, with respect to the use of the Catawba River and its basin, including (without limitation) withdrawal of water from the river; navigability on the river; and water power and hydroelectric usage of the river.

    (3) Notwithstanding any other provision of law effective now or adopted after the date of enactment of this Act, the Tribe shall have no special right or preferential standing greater than other riparian owners and users of the Catawba River to intervene in or contest any such agency action, determination, or proceeding, including specifically any actions or determinations by the Federal Energy Regulatory Commission regarding the licensing, use, or operation of the waters impounded by the existing reservoirs above and below the Reservation. These qualifications shall apply to the Existing Reservation, to lands acquired for the Expanded Reservation, to other lands acquired by or for the benefit of the Tribe, and to non-Reservation lands.

    (g) ALCOHOLIC BEVERAGES- Alcohol shall be prohibited on the Reservation unless the Tribe adopts laws permitting the sale, possession, or consumption of alcohol on the Reservation consistent with the terms of the Settlement Agreement.

SEC. 18. TAXATION.

    (a) INDIAN TRIBAL GOVERNMENT TAX STATUS ACT- Section 7871 of the Internal Revenue Code of 1986 (26 U.S.C. 7871; commonly referred to as the ‘Indian Tribal Government Tax Status Act) shall apply to the Tribe and its Reservation. In no event, however, may the Tribe pledge or hypothecate the income or principal of the Catawba Education or Social Services and Elderly Trust Funds or otherwise use them as security or a source of payment for bonds the Tribe may issue.

    (b) GENERAL TAX LIABILITY- The Tribe, its Members, the Tribal Trust Funds, and any other persons or entities affiliated with or owned by the Tribe, Members, or the Tribal Trust Funds, whether resident or located or doing business on the Reservation or off the Reservation, shall be subject to all Federal, State, and local taxes, licenses, levies, and fees except as expressly provided in this section or in the State implementing legislation. Any other person or business entity which locates, operates, or does business on the Reservation shall be subject without exception to all Federal, State, and local taxes, licenses, and fees, unless otherwise expressly provided in this section. To the extent that the Tribe may be subject to any taxes under this section, the Tribe shall be taxed as if it were a business corporation incorporated under the laws of South Carolina unless otherwise expressly provided.

    (c) TAXES ON GAMES OF CHANCE- (1) If the Tribe elects to sponsor and conduct games of bingo under the provisions of section 16 of this Act, no Federal, State, or local taxes shall apply to the Tribe’s bingo revenues except for the special bingo tax provided in the State implementing legislation. If the Tribe elects to sponsor and conduct games of bingo under a regular license allowed non-profit organizations under the State’s Bingo Act (Title 12, Chapter 21, Article 23, South Carolina Code of Laws, 1976), the Tribe shall be taxed as a non-profit corporation under that Act with respect to all revenues generated from the bingo games.

    (2) Should the Tribe obtain a license to operate electronic play devices as provided by the State implementing legislation, the Tribe shall be subject to all taxes, license requirements and fees governing electronic play devices provided by State law.

    (d) INCOME TAXES- (1) Income of the Tribe, subdivisions and governmental agencies of the Tribe, including entities owned by the Tribe or the Federal Government and the Tribal Trust Funds, and tax revenues collected by the Tribe by levy or assessment, shall be non-taxable for Federal income tax purposes to the extent provided by Federal law for recognized or restored Indian Tribes. Any tribal income and tax revenues which are non-taxable for Federal income tax purposes because of the Tribe’s status as a recognized or restored Indian Tribe shall also be non-taxable for purposes of State income taxes and local income taxes.

    (2)(A) Except as provided in this subsection, Members shall be liable for payment of Federal, State, and local income taxes to the same extent as any other person in the State.

    (B) Income earned by Members for work performing governmental functions solely on the Reservation shall be exempt from State taxes for a period of 99 years after the effective date of this Act.

    (C) Income earned by Members from the sale of Catawba Indian pottery and artifacts, whether on or off the Reservation, which are made by Members, shall be exempt from Federal, State, and local income taxes.

    (D) For purposes of Federal income taxes, the income of Members earned on the Reservation shall be taxable to the extent provided by Federal law for members of recognized or restored Indian tribes.

    (E) No funds distributed per capita pursuant to section 13(h) of this Act shall be subject at the time of distribution to Federal, State, and local income taxes; however, income subsequently earned on shares distributed to Members shall be subject to the same Federal, State, and local income taxes as other persons in the State would pay.

    (F) Compensation paid to members of the Executive Committee shall be subject to Federal payroll taxes to the extent provided by Federal law for members of tribal councils of recognized or restored Indian tribes.

    (3) Any person or other entity which is not exempt from income taxes under provisions of this section shall be liable for all Federal, State, and local income taxes otherwise due regardless of whether they are doing business on the Reservation.

    (e) REAL PROPERTY TAXES- (1) The Reservation and all non-residential buildings, fixtures, and real property improvements owned by the Tribe or held in trust by the United States for the Tribe on the Reservation shall be exempt from all property taxes levied by the State or by any political subdivision of the State. If the Tribe owns a partial interest in property or a business, the property tax exemption provided in this section is applicable to the extent of the Tribe’s interest.

    (2) Single and multi-family residences, including mobile homes, that are situated on the Reservation shall be exempt from all property taxes levied by the State or by any political subdivision of the State, if they are owned by the Tribe, Members, or Tribal Trust Funds and meet the requirements of the State implementing act concerning the ownership and occupation of single and multifamily residences.

    (3) All buildings, fixtures, and real property improvements located on the Reservation which are not exempt from real property taxes under subsections (e)(1) and (e)(2) of this section, shall be subject to all property taxes levied by the State or any political subdivision of the State to the same extent that similar buildings, fixtures, or improvements are assessed and taxed elsewhere in the same jurisdiction. However, the underlying land or leasehold in the land shall not be subject to real property taxes. All buildings, fixtures, and improvements subject to real property taxes shall be eligible for any tax abatement or temporary exemption allowed new business investments to the same extent as similar properties qualify for exemption or abatement in the same county.

    (4) The Tribe is authorized to levy taxes on buildings, fixtures, improvements, and personal property located on the Reservation, even though such properties may be exempt from property taxation by the State or its subdivisions, and may use such tax revenues for appropriate tribal purposes. The Tribe may also exempt or abate any such taxes. York and Lancaster Counties and the South Carolina Tax Commission will provide in accordance with the Settlement Agreement the necessary assistance to the Tribe if the Tribe chooses to assess tribal property taxes as if they were property taxes imposed by a political subdivision.

    (5) Real property and improvements owned by the Tribe or Members, or both, and not located on the Reservation shall be subject to all property taxes levied by the State, the county, the school district, special purpose districts, and other political subdivisions where such property is located.

    (6) To the extent that any non-Reservation real property held in trust by the Secretary is not taxable for property tax purposes, it shall be subject to the payment of a fee or fees in an amount equivalent to the real property tax that would have been paid to the applicable taxing authority had the property not been held in trust.

    (f) PERSONAL PROPERTY TAXES- (1) For a period of 99 years after the effective date of this Act, all personal property owned by the Tribe and used solely on the Reservation shall be exempt from personal property taxes. During such period motor vehicles owned by the Tribe shall be exempt from personal property taxes even if used off the Reservation.

    (2) All personal property owned by Members shall be subject to personal property taxes levied by the State or any political subdivision of the State where the property is deemed to be located.

    (3) All personal property located on the Reservation which is not exempt from personal property taxes under subsection (f)(1) of this section shall be subject to personal property taxes levied by the State or by any political subdivision of the State encompassing the Reservation to the same extent that similar personal property is assessed and taxed elsewhere in the jurisdiction.

    (4) For purposes of subsections (e) and (f) of this section, the determination of whether the Tribe is the owner of property shall be made in the same manner as is used by the State for other taxpayers for State property tax purposes.

    (g) LEVY AGAINST PROPERTY FOR FAILURE TO PAY PROPERTY TAXES- (1) Subject to perfected security interests, if any person or entity (referred to in this subsection as the ‘taxpayer’) who is subject to property taxes under subsections (e) and (f) of this section fails to pay such taxes, the appropriate taxing authority for the county or other political subdivision shall have the power to levy against personal property subject to personal property taxes owned by the taxpayer within the county, on or off the Reservation, in order to satisfy the taxes due.

    (2) If this levy against the personal property is not sufficient to satisfy the tax lien, the county or other political subdivision may certify the deficiency to the State and the State may levy against other taxable property of the taxpayer in the State and remit any proceeds to the county or appropriate taxing authority which is owed the tax.

    (3) If the county or other political subdivision cannot satisfy its lien, it may require the Tribe to cease allowing the taxpayer to do business on the Reservation.

    (4) If the taxpayer is in bankruptcy, the bankruptcy statutes shall apply to this section.

    (5) The State or any political subdivision may not seize real property located on the Reservation.

    (h) VEHICLE LICENSE FEES- The Tribe and its Members shall be subject to all license and registration fees and requirements, all periodic inspection fees and requirements, and all fuel taxes imposed by Federal, State, and local governments on motor vehicles, boats, and airplanes, and other means of conveyance.

    (i) SALES AND USE TAXES- (1) The Tribe, its Members, and the Tribal Trust Funds shall be liable for the payment of all State and local sales and use taxes to the same extent as any other person or entity in the State, except as provided in this section.

    (2) Purchases made by the Tribe for tribal government functions during the period of 99 years from the effective date of this Act shall be exempt from State and local sales and use taxes.

    (3) Catawba pottery and artifacts made by Members and sold on or off the Reservation by the Tribe or Members shall be exempt from State and local sales and use tax.

    (4)(A) During the period of 99 years from the effective date of this Act, the sale on the Reservation of all other items, whether made on or off the Reservation, shall be exempt from State and local sales and use taxes, but shall be subject to a special tribal sales tax levied by the Tribe equal to the State and any local sales tax that would be levied in the jurisdiction encompassing the Reservation but for this exemption.

    (B) The South Carolina sales and use tax laws, regulations, and rulings shall apply to the special tribal sales tax, and the special tribal sales tax must be administered and collected by the South Carolina Tax Commission in accordance with the Settlement Agreement.

    (C) In accordance with the Settlement Agreement, the South Carolina Tax Commission will separately account for the special tribal sales tax, and the State Treasurer will remit the special tribal sales tax revenues periodically to the Tribe at no cost to the Tribe.

    (D) The tribal sales tax shall not apply to retail sales occurring on the Reservation as a result of delivery from outside the Reservation when the gross proceeds of sale are $100 or less. In such case, the State sales tax shall apply.

    (E) The Tribe shall impose a tribal use tax on the storage, use, or other consumption on the Reservation of tangible personal property purchased at retail outside the State when the vendor does not collect the tax. However, any use taxes which are collected by a vendor which is not located in the State will be subject to State use taxes and the use tax shall be remitted to the State and not the Tribe. Use taxes not collected by the vendor and remitted to the State shall be subject to the Tribal use tax and shall be collected directly by the Tribe.

    (j) PAYMENTS IN LIEU OF TAXES- The Tribe shall pay a fee in lieu of school taxes. That fee shall be determined by the county or other appropriate taxing authority in the same manner and shall be the same amount that is paid by students from outside the county entering schools in the county. Fees payable by the Tribe shall be reduced by any funds received under the Act of September 30, 1950 (Public Law 874, 81st Congress; 20 U.S.C. 236 et seq.; commonly referred to as the ‘Impact Aid Act’) pursuant to section 4(g) of this Act or any other Federal funds designed to compensate school districts for loss of revenue due to the non-taxability of Indian property. Any fee in lieu of school taxes paid on behalf of a child under this section shall be excluded from Federal and State income of the child or his family for Federal and State income tax purposes.

    (k) ESTATE TAXES- Members shall be liable for payment for all estate and inheritance taxes, except, however, that the undistributed share of any member in the Catawba Per Capita Payment Trust Fund shall be exempt from Federal and State estate and inheritance taxes.

    (l) ELIGIBILITY FOR CONSIDERATION TO BECOME AN 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/or operate (1) an ‘enterprise zone’ pursuant to 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.

SEC. 19. GENERAL PROVISIONS.

    (a) GENERAL APPLICABILITY OF STATE LAW- The Tribe, its Members, and any lands, natural resources, or other property owned by the Tribe or its Members (including any land or natural resources or other property held in trust by the United States or by any other person or entity for the Tribe) shall be subject to the civil, criminal, and regulatory jurisdiction of the State, its agencies and political subdivisions other than municipalities, and the civil and criminal jurisdiction of the courts of the State, to the same extent as any other person, citizen or land in the State except as otherwise expressly provided in this Act and by the State implementing legislation.

    (b) IMPACT OF SUBSEQUENTLY ENACTED LAWS- The provisions of any Federal law enacted after the date of enactment of this Act shall not apply in the State if such provision would materially affect or preempt the application of the laws of the State, including application of the laws of the State applicable to lands owned by or held in trust for Indians, or Indian Nations, tribes or bands of Indians. However, such Federal law shall apply within the State if the State grants its approval by a law or joint resolution enacted by the General Assembly of South Carolina and signed by the Governor.

    (c) SEVERABILITY- If any of the provisions of sections 4(a), 5 or 6 of this Act are held invalid by a court, then all of this Act is invalid. Should any other section of this Act be held invalid by a court, the remaining sections of this Act shall remain in full force and effect.

    (d) INTERPRETATION CONSISTENT WITH SETTLEMENT AGREEMENT- Wherever possible, this Act shall be construed in a manner consistent with the Settlement Agreement. In the event of a conflict between the provisions of this Act and the Settlement Agreement, the terms of this Act shall govern. The Settlement Agreement shall be maintained on file and available for public inspection at the Department of the Interior.

SEC. 20. EFFECTIVE DATE.

    The provisions of this Act shall become effective upon the transfer of the Existing Reservation to the Secretary.