Bill Summary
The Catawba Indian Nation Lands Act clarifies certain provisions of a previous law, the Catawba Indian Tribe of South Carolina Land Claims Settlement Act of 1993. It specifies that gaming activities conducted by the Catawba Indian Nation on land in South Carolina will be governed by the original law, while gaming on land in other states will be subject to the Indian Gaming Regulatory Act and other relevant laws. The Act also ratifies and confirms the Secretary of the Interior's decision to place 17 acres of land into trust for the Catawba Indian Nation in North Carolina, and states that the land will be administered in accordance with laws and regulations for trust land for Native American tribes. It also clarifies that the Act does not affect any existing rights or claims of the Catawba Indian Nation, including water rights and access to land.
Possible Impacts
1. Impact on the Catawba Indian Nation: This legislation reaffirms the status and actions of the Catawba Indian Nation, specifically ratifying the placement of land into trust for their benefit. It also clarifies the application of current laws and regulations for gaming conducted by the tribe in different states. This can potentially have a positive impact on the Catawba Indian Nation by solidifying their rights and status as a recognized tribe and providing them with more control over their own land and gaming operations.
2. Impact on neighboring states: This legislation specifically mentions the states of South Carolina and North Carolina and how it applies to land and gaming within their borders. It could potentially affect the economies and communities of these states, as well as any ongoing disputes or negotiations between them and the Catawba Indian Nation.
3. Impact on other Native American tribes: The Indian Gaming Regulatory Act (IGRA) and other federal laws mentioned in this legislation apply to all Native American tribes, not just the Catawba Indian Nation. This legislation could potentially impact the rights and regulations of other tribes in regards to gaming and land acquisition, as it sets a precedent for how the government handles these issues.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 790 Reported in Senate (RS)]
<DOC>
Calendar No. 607
116th CONGRESS
2d Session
S. 790
[Report No. 116-307]
To clarify certain provisions of Public Law 103-116, the Catawba Indian
Tribe of South Carolina Land Claims Settlement Act of 1993, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 13, 2019
Mr. Graham (for himself, Mr. Burr, and Mr. Tillis) introduced the
following bill; which was read twice and referred to the Committee on
Indian Affairs
December 9, 2020
Reported by Mr. Hoeven, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To clarify certain provisions of Public Law 103-116, the Catawba Indian
Tribe of South Carolina Land Claims Settlement Act of 1993, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. GAMING FACILITY AUTHORIZED.</DELETED>
<DELETED> (a) Gaming Facility Authorized.--The Catawba Indian Nation
(formerly the Catawba Indian Tribe of South Carolina) is authorized to
own and operate a gaming facility on the land described in section 2 of
this Act, in Cleveland County, North Carolina.</DELETED>
<DELETED> (b) Indian Gaming Regulatory Act.--The facility described
in subsection (a) shall operate in accordance with the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.), except that section 20 of the
Indian Gaming Regulatory Act (25 U.S.C. 2719) shall not apply to the
land described in section 2.</DELETED>
<DELETED> (c) Land in Trust.--The Secretary of the Interior is
hereby authorized to take the land described in section 2 into trust
for the purpose of conducting gaming, on behalf of the Catawba Indian
Nation.</DELETED>
<DELETED> (d) Rights Preserved.--Except as otherwise expressly
provided in this Act, nothing in this Act shall prevent any party from
enforcing all rights, privileges, or prohibitions as contained within
the Catawba Indian Tribe of South Carolina Land Claims Settlement Act
of 1993 (Public Law 103-116).</DELETED>
<DELETED>SEC. 2. LEGAL DESCRIPTION OF LAND.</DELETED>
<DELETED> The land subject to this Act is described as follows: Real
property in Cleveland County, North Carolina, beginning on a concrete
right of way monument having NAD83 NC State Plane Grid Coordinates N:
536550.60 USFT and E: 1292093.25 USFT and being located N 11-18-59 W
637.68' (Horizontal Ground Distance) from NCGS ``Dixon'' having NAD83
NC State Plane Grid Coordinates N: 535925.42 USFT and E: 1292218.36
USFT; running thence S 35-20-37 W 83.44' to a concrete right of way
monument; thence along an arc of curve to the left having a radius of
906.51', an arc length of 357.87', a chord bearing S 68-52-34 W and a
chord length of 355.55' to a 5/8'' Rebar Set; thence S 57-19-29 W
498.70' to a 5/8'' Rebar Set; thence along an arc of curve to the right
having a radius of 1344.39', an arc length of 113.61', a chord bearing
S 59-44-45 W and a chord length of 113.58' to a 5/8'' Rebar Set; thence
a new line N 23-34-25 W 751.26' to a 5/8'' Rebar Set; thence a new line
N 66-25-35 E 1026.64' to a 5/8'' Rebar Set in the Western Right of Way
Line of State Project 8.2800802; thence with the western right of way
line N 66-25-35 E 43.71' to a 5/8'' Rebar Set; thence S 23-18-33 E
151.15' to a \1/2\'' Rebar Found; thence S 23-18-33 E 93.85' to a 5/8''
Rebar Set; thence S 67-29-04 W 19.83' to a 5/8'' Rebar Set; thence S
23-18-56 E 237.04' to a 5/8'' Rebar Set; thence S 17-18-46 E 150.51' to
the point and place of beginning and containing 16.573 Acres +/- and
shown as Lot 1 according to a survey by TGS Engineers dated September
17, 2018. The above described lot contains a portion of the land
described in DB 1210 PG 167 Tract II, DB 1210 PG 174 Tract II and DB
1210 PG 174 Tract III as owned by Roadside Truck Plaza, Inc.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Catawba Indian Nation Lands Act''.
SEC. 2. APPLICATION OF CURRENT LAW.
(a) Land in South Carolina.--Section 14 of the Catawba Indian Tribe
of South Carolina Claims Settlement Act of 1993 (Public Law 103-116;
107 Stat. 1136) shall only apply to gaming conducted by the Catawba
Indian Nation on land located in the State of South Carolina.
(b) Land in States Other Than South Carolina.--Gaming conducted by
the Catawba Indian Nation on land located in States other than the
State of South Carolina shall be subject to--
(1) the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.); and
(2) sections 1166 through 1168 of title 18, United States
Code.
SEC. 3. REAFFIRMATION OF STATUS AND ACTIONS.
(a) Ratification of Trust Status.--The action taken by the
Secretary of the Interior on July 10, 2020, to place approximately 17
acres of land located in Cleveland County, North Carolina, into trust
for the benefit of the Catawba Indian Nation is hereby ratified and
confirmed as if that action had been taken under a Federal law
specifically authorizing or directing that action.
(b) Administration.--The land placed into trust for the benefit of
the Catawba Indian Nation by the Secretary of the Interior on July 10,
2020, shall be--
(1) part of the Catawba Reservation and administered in
accordance with the laws and regulations generally applicable
to land held in trust by the United States for the benefit of
an Indian Tribe; and
(2) deemed to have been acquired and taken into trust as
part of the restoration of land for an Indian Tribe that is
restored to Federal recognition pursuant to section
20(b)(1)(B)(iii) of the Indian Gaming Regulatory Act (25 U.S.C.
2719(b)(1)(B)(iii)).
(c) Effect.--Nothing in this Act shall--
(1) enlarge, impair, or otherwise affect any right or claim
of the Catawba Indian Nation to any land or interest in land in
existence before the date of enactment of this Act;
(2) affect any water right of the Catawba Indian Nation in
existence before the date of enactment of this Act;
(3) terminate or limit any access in any way to any right-
of-way or right-of-use issued, granted, or permitted before the
date of enactment of this Act; or
(4) alter or diminish the right of the Catawba Indian
Nation to seek to have additional land taken into trust by the
United States for the benefit of the Catawba Indian Nation.
Calendar No. 607
116th CONGRESS
2d Session
S. 790
[Report No. 116-307]
_______________________________________________________________________
A BILL
To clarify certain provisions of Public Law 103-116, the Catawba Indian
Tribe of South Carolina Land Claims Settlement Act of 1993, and for
other purposes.
_______________________________________________________________________
December 9, 2020
Reported with an amendment