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U.S. Code as of:
01/19/04
Section 941. Declaration of policy, Congressional findings and purpose
(a) Findings
The Congress declares and finds that:
(1) It is the policy of the United States to promote tribal
self-determination and economic self-sufficiency and to support
the resolution of disputes over historical claims through
settlements mutually agreed to by Indian and non-Indian parties.
(2) There is pending before the United States District Court
for the District of South Carolina a lawsuit disputing ownership
of approximately 140,000 acres of land in the State of South
Carolina and other rights of the Catawba Indian Tribe under
Federal law.
(3) The Catawba Indian Tribe initiated a related lawsuit
against the United States in the United States Court of Federal
Claims seeking monetary damages.
(4) Some of the significant historical events which have led to
the present situation include:
(A) In treaties with the Crown in 1760 and 1763, the Tribe
ceded vast portions of its aboriginal territory in the present
States of North and South Carolina in return for guarantees of
being quietly settled on a 144,000-acre reservation.
(B) The Tribe's district court suit contended that in 1840
the Tribe and the State entered into an agreement without
Federal approval or participation whereby the Tribe ceded its
treaty reservation to the State, thereby giving rise to the
Tribe's claim that it was dispossessed of its lands in
violation of Federal law.
(C) In 1943, the United States entered into an agreement with
the Tribe and the State to provide services to the Tribe and
its members. The State purchased 3,434 acres of land and
conveyed it to the Secretary in trust for the Tribe and the
Tribe organized under the Indian Reorganization Act [25 U.S.C.
461 et seq.].
(D) In 1959, when Congress enacted the Catawba Tribe of South
Carolina Division of Assets Act (25 U.S.C. 931-938), Federal
agents assured the Tribe that if the Tribe would release the
Government from its obligation under the 1943 agreement and
agree to Federal legislation terminating the Federal trust
relationship and liquidating the 1943 reservation, the status
of the Tribe's land claim would not be jeopardized by
termination.
(E) In 1980, the Tribe initiated Federal court litigation to
regain possession of its treaty lands and in 1986, the United
States Supreme Court ruled in South Carolina against Catawba
Indian Tribe that the 1959 Act resulted in the application of
State statutes of limitations to the Tribe's land claim. Two
subsequent decisions of the United States Court of Appeals for
the Fourth Circuit have held that some portion of the Tribe's
claim is barred by State statutes of limitations and that some
portion is not barred.
(5) The pendency of these lawsuits has led to substantial
economic and social hardship for a large number of landowners,
citizens and communities in the State of South Carolina,
including the Catawba Indian Tribe. Congress recognizes that if
these claims are not resolved, further litigation against tens of
thousands of landowners would be likely; that any final
resolution of pending disputes through a process of litigation
would take many years and entail great expenses to all parties;
continue economically and socially damaging controversies;
prolong uncertainty as to the ownership of property; and
seriously impair long-term economic planning and development for
all parties.
(6) The 102d Congress has enacted legislation suspending until
October 1, 1993, the running of any unexpired statute of
limitation applicable to the Tribe's land claim in order to
provide additional time to negotiate settlement of these claims.
(7) It is recognized that both Indian and non-Indian parties
enter into this settlement to resolve the disputes raised in
these lawsuits and to derive certain benefits. The parties'
Settlement Agreement constitutes a good faith effort to resolve
these lawsuits and other claims and requires implementing
legislation by the Congress of the United States, the General
Assembly of the State of South Carolina, and the governing bodies
of the South Carolina counties of York and Lancaster.
(8) To advance the goals of the Federal policy of Indian
self-determination and restoration of terminated Indian Tribes,
and in recognition of the United States obligation to the Tribe
and the Federal policy of settling historical Indian claims
through comprehensive settlement agreements, it is appropriate
that the United States participate in the funding and
implementation of the Settlement Agreement.
(b) Purpose
It is the purpose of this subchapter -
(1) to approve, ratify, and confirm the Settlement Agreement
entered into by the non-Indian settlement parties and the Tribe,
except as otherwise provided by this subchapter;
(2) to authorize and direct the Secretary to implement the
terms of such Settlement Agreement;
(3) to authorize the actions and appropriations necessary to
implement the provisions of the Settlement Agreement and this
subchapter;
(4) to remove the cloud on titles in the State of South
Carolina resulting from the Tribe's land claim; and
(5) to restore the trust relationship between the Tribe and the
United States.
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