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U.S. Code as of:
01/19/04
Section 941d. Ratification of prior transfers; extinguishment of aboriginal title, rights and claims
(a) Ratification of transfers
Any transfer of land or natural resources located anywhere within
the United States from, by, or on behalf of the Tribe, any one or
more of its Members, or anyone purporting to be a Member, including
but without limitation any transfer pursuant to any treaty,
compact, or statute of any State, shall be deemed to have been made
in accordance with the Constitution and all laws of the United
States, and Congress hereby approves and ratifies any such transfer
effective as of the date of such transfer. Nothing in this section
shall be construed to affect, eliminate, or revive the personal
claim of any individual Member (except for any Federal common law
fraud claim) which is pursued under any law of general
applicability that protects non-Indians as well as Indians.
(b) Aboriginal title
To the extent that any transfer of land or natural resources
described in subsection (a) of this section may involve land or
natural resources to which the Tribe, any of its Members, or anyone
purporting to be a Member, or any other Indian, Indian nation, or
Tribe or band of Indians had aboriginal title, subsection (a) of
this section shall be regarded as an extinguishment of aboriginal
title as of the date of such transfer.
(c) Extinguishment of claims
By virtue of the approval and ratification of any transfer of
land or natural resources effected by this section, or the
extinguishment of aboriginal title effected thereby, all claims
against the United States, any State or subdivision thereof, or any
other person or entity, by the Tribe, any of its Members, or anyone
purporting to be a Member, or any predecessors or successors in
interest thereof or any other Indian, Indian Nation, or tribe or
band of Indians, arising at the time of or subsequent to the
transfer and based on any interest in or right involving such land
or natural resources, including without limitation claims for
trespass damages or claims for use and occupancy, shall be deemed
extinguished as of the date of the transfer.
(d) Extinguishment of title
(1) All claims and all right, title, and interest that the Tribe,
its Members, or any person or group of persons purporting to be
Catawba Indians may have to aboriginal title, recognized title, or
title by grant, patent, or treaty to the lands located anywhere in
the United States are hereby extinguished.
(2) This extinguishment of claims shall also extinguish title to
any hunting, fishing, or water rights or rights to any other
natural resource claimed by the Tribe or a Member based on
aboriginal or treaty recognized title, and all trespass damages and
other damages associated with use, occupancy or possession, or
entry upon such lands.
(e) Bar to future claims
The United States is hereby barred from asserting by or on behalf
of the Tribe or any of its Members, or anyone purporting to be a
Member, any claim arising before the effective date of this
subchapter from the transfer of any land or natural resources by
deed or other grant, or by treaty, compact, or act of law, on the
grounds that such transfer was not made in accordance with the laws
of South Carolina or the Constitution or laws of the United States.
(f) No derogation of fee simple in Existing Reservation, or effect
on Members' fee interests
Nothing in this subchapter shall be construed to diminish or
derogate from the Tribe's estate in the Existing Reservation; or to
divest or disturb title in any land conveyed to any person or
entity as a result of the Termination Act and the liquidation and
partition of tribal lands; or to divest or disturb the right, title
and interest of any Member in any fee simple, leasehold or
remainder estate or any equitable or beneficial right or interest
any such Member may own individually and not as a Member of the
Tribe.
(g) Costs and attorneys' fees
The parties to the Suits shall bear their own costs and
attorneys' fees. As provided by section 6.4 of the Settlement
Agreement, the Secretary shall pay to the Tribe's attorneys in the
Suits attorneys' fees and expenses from, and not to exceed 10
percent of, the $50,000,000 obligated for payment to the Tribe by
Federal, State, local, and private parties pursuant to section 5 of
the Settlement Agreement.
(h) Personal claims not affected
Nothing in this section shall be deemed to affect, diminish, or
eliminate the personal claim of any individual Indian which is
pursued under any law of general applicability (other than Federal
common law fraud) that protects non-Indians as well as Indians.
(i) Federal payment
In the event any of the Federal payments are not paid as set
forth in section 941c of this title, such failure to pay shall give
rise to a cause of action by the Tribe against the United States
for money damages for the amount authorized to be paid to the Tribe
in section 941c(a) of this title in settlement of the Tribe's
claim, and the Tribe is authorized to bring an action in the United
States Court of Claims for such funds plus applicable interest. The
United States hereby waives any affirmative defense to such action.
(j) State payment
In the event any of the State payments are not paid as set forth
in section 941c of this title, such failure to pay shall give rise
to a cause of action in the United States District Court for the
District of South Carolina by the Tribe against the State of South
Carolina for money damages for the amount authorized to be paid to
the Tribe by the State in Sec. 27-16-50(A) of the State Act in
settlement of the Tribe's claim. Pursuant to Sec. 27-16-50(E) of
the State Act, the State of South Carolina waives any Eleventh
Amendment immunity to such action.
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