§ 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.

(Pub. L. 103–116, § 3, Oct. 27, 1993, 107 Stat. 1120.)

References In Text

References in Text

The Agreement in Principle, referred to in par. (10), is set out at Cong. Rec., vol. 139, part 16, p. 22583.

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, referred to in par. (14), is Pub. L. 86–322, Sept. 21, 1959, 73 Stat. 592, which was classified generally to subchapter XLIII (§ 931 et seq.) of this chapter prior to repeal by Pub. L. 103–116, § 4(c), Oct. 27, 1993, 107 Stat. 1121.