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U.S. Code as of:
01/19/04
Section 941m. General provisions
(a) Severability
If any provision of section 941b(a), 941c, or 941d of this title
is rendered invalid by the final action of a court, then all of
this subchapter is invalid. Should any other section of this
subchapter be rendered invalid by the final action of a court, the
remaining sections of this subchapter shall remain in full force
and effect.
(b) Interpretation consistent with Settlement Agreement
To the extent possible, this subchapter shall be construed in a
manner consistent with the Settlement Agreement and the State Act.
In the event of a conflict between the provisions of this
subchapter and the Settlement Agreement or the State Act, the terms
of this subchapter shall govern. In the event of a conflict between
the State Act and the Settlement Agreement, the terms of the State
Act shall govern. The Settlement Agreement and the State Act shall
be maintained on file and available for public inspection at the
Department of the Interior.
(c) Laws and regulations of United States
The provisions of any Federal law enacted after October 27, 1993,
for the benefit of Indians, Indian nations, tribes, or bands of
Indians, which would affect or preempt the application of the laws
of the State to lands owned by or held in trust for Indians, or
Indian nations, tribes, or bands of Indians, as provided in this
subchapter and the South Carolina State Implementing Act, shall not
apply within the State of South Carolina, unless such provision of
such subsequently enacted Federal law is specifcally (!1) made
applicable within the State of South Carolina.
(d) Eligibility for consideration to become enterprise zone or
general purpose foreign trade zone
Notwithstanding the provisions of any other law or regulation,
the Tribe shall be eligible to become, sponsor and operate (1) an
"enterprise zone" pursuant to title VII of the Housing and
Community Development Act of 1987 (42 U.S.C. 11501-11505) or any
other applicable Federal (or State) laws or regulations; or (2) a
"foreign-trade zone" or "subzone" pursuant to the Foreign Trade
Zones Act of 1934, as amended (19 U.S.C. 81a-81u) and the
regulations thereunder, to the same extent as other federally
recognized Indian Tribes.
(e) General applicability of State law
Consistent with the provisions of section 941b(a)(2) of this
title, the provisions of South Carolina Code Annotated, section
27-16-40, and section 19.1 of the Settlement Agreement are
approved, ratified, and confirmed by the United States, and shall
be complied with in the same manner and to the same extent as if
they had been enacted into Federal law.
(f) Subsequent amendments to Settlement Agreement or State Act
Consent is hereby given to the Tribe and the State to amend the
Settlement Agreement and the State Act if consent to such amendment
is given by both the State and the Tribe, and if such amendment
relates to -
(1) the jurisdiction, enforcement, or application of civil,
criminal, regulatory, or tax laws of the Tribe and the State;
(2) the allocation or determination of governmental
responsibility of the State and the Tribe over specified subject
matters or specified geographical areas, or both, including
provision for concurrent jurisdiction between the State and the
Tribe;
(3) the allocation of jurisdiction between the tribal courts
and the State courts; or
(4) technical and other corrections and revisions to conform
the State Act and the Agreement in Principle attached to the
State Act to the Settlement Agreement.
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