Page:United States Statutes at Large Volume 107 Part 2.djvu/172

 107 STAT. 1124 PUBLIC LAW 103-116—OCT. 27, 1993 25 USC 941e. Federal Register, publication. Federal Register, publication. 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 pay- ments are not paid as set forth in section 5, 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 5(a) 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 5 of this Act, 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 §27-16-50 (A) of the State Act in settlement of the Tribe's claim. Pursuant to §27-16-50 (E) of the State Act, the State of South Carolina waives any Eleventh Amendment immunity to such action. SEC. 7. BASE MEMBERSHIP ROLL. (a) BASE MEMBERSHIP ROLL CRITERIA.— Within one year after enactment of this section, the Tribe shall submit to the Secretary, for approval, its base membership roll. An individual is eligible for inclusion on the base membership roll if that individual is living on the date of enactment of this Act and— (1) is listed on the membership roll published by the Secretary in the Federal Register on February 25, 1961 (26 FR 1680-1688, 'Notice of Final Membership Roll"), and is not excluded under the provisions of subsection (c); (2) the Executive Committee determines, based on the criteria used to compile the roll referred to in paragraph (1), that the individual should have been included on the membership roll at that time, but was not; or (3) is a lineal descendant of a Member whose name appeared or shoidd have appeared on the membership roll referred to in paragraph (1). (b) BASE MEMBERSHIP ROLL NOTICE. — Within 90 days after the enactment of this Act, the Secretary shall publish in the Federal Register, and in three newspapers of general circulation in the Tribe's service area, a notice stating— (1) that a base membership roll is being prepared by the Tribe and that the current membership roll is open and will remain open for a period of 90 days; (2) the requirements for inclusion on the base membership roll; (3) the final membership roll published by the Secretary in the Federal Register on Feoruary 25, 1961; (4) the current membership roll as prepared by the Executive Committee and approved by the General Council; and (5) the name and address of the tribal or Federal official to whom inquiries should be made. (c) COMPLETION OF BASE MEMBERSHIP ROLL. — Within 120 days after publication of notice under subsection (b), the Secretary, after consultation with the Tribe, shall prepare and publish in the Federal Register, and in three newspapers of generid circulation in the Tribe's service area, a proposed final base membership roll

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