Page:United States Statutes at Large Volume 107 Part 2.djvu/167

 PUBLIC LAW 103-116—OCT. 27, 1993 107 STAT. 1119 (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 Federcd 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 imcertcdnty as to the ownership of property; and seriouslv 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 limitotion 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 lawsmts 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 agreemente, it is appropriate that the United States participate in the funding and implementetion of the Settlement Agreement. (b) PURPOSE.—It is the purpose of this Act— (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 Act; (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 Act;

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