§ 941h. — Administrative provisions relating to jurisdiction, taxation, and other matters.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC941h]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XLIII-A--CATAWBA INDIAN TRIBE OF SOUTH CAROLINA; RESTORATION
OF FEDERAL TRUST RELATIONSHIP
Sec. 941h. Administrative provisions relating to jurisdiction,
taxation, and other matters
In the administration of this subchapter:
(1) All matters involving tribal powers, immunities, and
jurisdiction, whether criminal, civil, or regulatory, shall be
governed by the terms and provisions of the Settlement Agreement and
the State Act, unless otherwise provided in this subchapter.
(2) All matters pertaining to governance and regulation of the
reservation (including environmental regulation and riparian rights)
shall be governed by the terms and provisions of the Settlement
Agreement and the State Act, including, but not limited to, section
17 of the Settlement Agreement and section 27-16-120 of the State
Act, unless otherwise provided in this subchapter.
(3) The Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et
seq.) shall apply to Catawba Indian children except as provided in
the Settlement Agreement.
(4) Whether or not the Tribe, under section 941g(a) of this
title, elects to organize under the Act of June 18, 1934 [25 U.S.C.
461 et seq.], the Tribe, in any constitution adopted by the Tribe,
may be authorized to exercise such authority as is consistent with
the Settlement Agreement and the State Act.
(5) In no event may the Tribe pledge or hypothecate the income
or principal of the Catawba Education or Social Services and Elderly
Trust Funds or otherwise use them as security or a source of payment
for bonds the Tribe may issue.
(6) The Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.) shall apply to the Tribe except to the
extent that such application may be inconsistent with this
subchapter or the Settlement Agreement.
(Pub. L. 103-116, Sec. 10, Oct. 27, 1993, 107 Stat. 1126.)
References in Text
The Indian Child Welfare Act of 1978, referred to in par. (3), is
Pub. L. 95-608, Nov. 8, 1978, 92 Stat. 3069, as amended, which is
classified principally to chapter 21 (Sec. 1901 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1901 of this title and Tables.
Act of June 18, 1934, referred to in par. (4), is act June 18, 1934,
ch. 576, 48 Stat. 984, as amended, popularly known as the Indian
Reorganization Act, which is classified generally to subchapter V
(Sec. 461 et seq.) of this chapter. For complete classification of this
Act to the Code, see Short Title note set out under section 461 of this
title and Tables.
The Indian Self-Determination and Education Assistance Act, referred
to in par. (6), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as
amended, which is classified principally to subchapter II (Sec. 450 et
seq.) of this chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 450 of this title and
Tables.
