Laws: Cases and Codes : U.S. Code : Title 25 : Section 941a


   
U.S. Code as of: 01/19/04
Section 941a. Definitions

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



Previous [Notes] Next

Related Resources

American Indian Law Guide

American Indian Lands Summary

American Indian Law Articles and Documents

American Indian Law Discussion

Ads by FindLaw