Catawba Indian Nation Lands Act

II 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 fol- lowing bill; which was read twice and referred to the Committee on In- dian 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:03 Dec 10, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S790.RS S790 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 790 RS SECTION 1. GAMING FACILITY AUTHORIZED. 1 (a) GAMING FACILITY AUTHORIZED.—The Catawba 2 Indian Nation (formerly the Catawba Indian Tribe of 3 South Carolina) is authorized to own and operate a gam- 4 ing facility on the land described in section 2 of this Act, 5 in Cleveland County, North Carolina. 6 (b) INDIAN GAMING REGULATORY ACT.—The facility 7 described in subsection (a) shall operate in accordance 8 with the Indian Gaming Regulatory Act (25 U.S.C. 2701 9 et seq.), except that section 20 of the Indian Gaming Reg- 10 ulatory Act (25 U.S.C. 2719) shall not apply to the land 11 described in section 2. 12 (c) LAND IN TRUST.—The Secretary of the Interior 13 is hereby authorized to take the land described in section 14 2 into trust for the purpose of conducting gaming, on be- 15 half of the Catawba Indian Nation. 16 (d) RIGHTS PRESERVED.—Except as otherwise ex- 17 pressly provided in this Act, nothing in this Act shall pre- 18 vent any party from enforcing all rights, privileges, or pro- 19 hibitions as contained within the Catawba Indian Tribe 20 of South Carolina Land Claims Settlement Act of 1993 21 (Public Law 103–116). 22 SEC. 2. LEGAL DESCRIPTION OF LAND. 23 The land subject to this Act is described as follows: 24 Real property in Cleveland County, North Carolina, begin- 25 ning on a concrete right of way monument having NAD83 26 VerDate Sep 11 2014 00:03 Dec 10, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S790.RS S790 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 790 RS NC State Plane Grid Coordinates N: 536550.60 USFT 1 and E: 1292093.25 USFT and being located N 11–18– 2 59 W 637.68’ (Horizontal Ground Distance) from NCGS 3 ‘‘Dixon’’ having NAD83 NC State Plane Grid Coordinates 4 N: 535925.42 USFT and E: 1292218.36 USFT; running 5 thence S 35–20–37 W 83.44’ to a concrete right of way 6 monument; thence along an arc of curve to the left having 7 a radius of 906.51’, an arc length of 357.87’, a chord 8 bearing S 68–52–34 W and a chord length of 355.55’ to 9 a 5/8’’ Rebar Set; thence S 57–19–29 W 498.70’ to a 5/ 10 8’’ Rebar Set; thence along an arc of curve to the right 11 having a radius of 1344.39’, an arc length of 113.61’, a 12 chord bearing S 59–44–45 W and a chord length of 13 113.58’ to a 5/8’’ Rebar Set; thence a new line N 23– 14 34–25 W 751.26’ to a 5/8’’ Rebar Set; thence a new line 15 N 66–25–35 E 1026.64’ to a 5/8’’ Rebar Set in the West- 16 ern Right of Way Line of State Project 8.2800802; thence 17 with the western right of way line N 66–25–35 E 43.71’ 18 to a 5/8’’ Rebar Set; thence S 23–18–33 E 151.15’ to 19 a 1⁄2’’ Rebar Found; thence S 23–18–33 E 93.85’ to a 20 5/8’’ Rebar Set; thence S 67–29–04 W 19.83’ to a 5/8’’ 21 Rebar Set; thence S 23–18–56 E 237.04’ to a 5/8’’ Rebar 22 Set; thence S 17–18–46 E 150.51’ to the point and place 23 of beginning and containing 16.573 Acres +/- and shown 24 as Lot 1 according to a survey by TGS Engineers dated 25 VerDate Sep 11 2014 00:03 Dec 10, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S790.RS S790 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 790 RS September 17, 2018. The above described lot contains a 1 portion of the land described in DB 1210 PG 167 Tract 2 II, DB 1210 PG 174 Tract II and DB 1210 PG 174 3 Tract III as owned by Roadside Truck Plaza, Inc. 4 SECTION 1. SHORT TITLE. 5 This Act may be cited as the ‘‘Catawba Indian Nation 6 Lands Act’’. 7 SEC. 2. APPLICATION OF CURRENT LAW. 8 (a) LAND IN SOUTH CAROLINA.—Section 14 of the Ca- 9 tawba Indian Tribe of South Carolina Claims Settlement 10 Act of 1993 (Public Law 103–116; 107 Stat. 1136) shall 11 only apply to gaming conducted by the Catawba Indian 12 Nation on land located in the State of South Carolina. 13 (b) LAND IN STATES OTHER THAN SOUTH CARO- 14 LINA.—Gaming conducted by the Catawba Indian Nation 15 on land located in States other than the State of South 16 Carolina shall be subject to— 17 (1) the Indian Gaming Regulatory Act (25 18 U.S.C. 2701 et seq.); and 19 (2) sections 1166 through 1168 of title 18, 20 United States Code. 21 SEC. 3. REAFFIRMATION OF STATUS AND ACTIONS. 22 (a) RATIFICATION OF TRUST STATUS.—The action 23 taken by the Secretary of the Interior on July 10, 2020, 24 to place approximately 17 acres of land located in Cleve- 25 VerDate Sep 11 2014 00:03 Dec 10, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S790.RS S790 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 790 RS land County, North Carolina, into trust for the benefit of 1 the Catawba Indian Nation is hereby ratified and con- 2 firmed as if that action had been taken under a Federal 3 law specifically authorizing or directing that action. 4 (b) ADMINISTRATION.—The land placed into trust for 5 the benefit of the Catawba Indian Nation by the Secretary 6 of the Interior on July 10, 2020, shall be— 7 (1) part of the Catawba Reservation and admin- 8 istered in accordance with the laws and regulations 9 generally applicable to land held in trust by the 10 United States for the benefit of an Indian Tribe; and 11 (2) deemed to have been acquired and taken into 12 trust as part of the restoration of land for an Indian 13 Tribe that is restored to Federal recognition pursuant 14 to section 20(b)(1)(B)(iii) of the Indian Gaming Reg- 15 ulatory Act (25 U.S.C. 2719(b)(1)(B)(iii)). 16 (c) EFFECT.—Nothing in this Act shall— 17 (1) enlarge, impair, or otherwise affect any right 18 or claim of the Catawba Indian Nation to any land 19 or interest in land in existence before the date of en- 20 actment of this Act; 21 (2) affect any water right of the Catawba Indian 22 Nation in existence before the date of enactment of 23 this Act; 24 VerDate Sep 11 2014 00:03 Dec 10, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S790.RS S790 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 790 RS (3) terminate or limit any access in any way to 1 any right-of-way or right-of-use issued, granted, or 2 permitted before the date of enactment of this Act; or 3 (4) alter or diminish the right of the Catawba 4 Indian Nation to seek to have additional land taken 5 into trust by the United States for the benefit of the 6 Catawba Indian Nation. 7 VerDate Sep 11 2014 00:03 Dec 10, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S790.RS S790 pbinns on DSKJLVW7X2PROD with BILLS VerDate Sep 11 2014 00:03 Dec 10, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S790.RS S790 pbinns on DSKJLVW7X2PROD with BILLS 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 VerDate Sep 11 2014 00:03 Dec 10, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S790.RS S790 pbinns on DSKJLVW7X2PROD with BILLS