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18 NARF Legal Rev. 1 (1993)

handle is hein.journals/narf18 and id is 1 raw text is: CATAWBA TRIBE APPROVES SETTLEMENT WITH SOUTH CAROLINA I feel like were on the edge of a new day for the Catawba people Nolhing will replace the 1o55 of our lands but this sellement is a tool that will allow us to create a better way of fife for our children Chief Gilbert Blue, Catawba Tribe On February 20, 1993, the Catawba Indian Tribe of South Carol- ina met and approved by a vote of 289 to 42, an Agreement in Principle to settle the Tribes 150-year old land claim If the proposed settlement is enacted into law, the Tribe will be res- lored as a federally-recognized Indian tribe the existing state reservation may be expanded to a 4 200-acre federal reservation economic devel- opment and other trust funds will be created and per capita payments totalling $7 5 million will be made The Tribe and its members will become eligible for Federal Indian services including education health social services and housing The set- Ilement is modeled after the Maine Indian Land Claims Settlement Act that settled the land claims of the Pas- samaquoddy and Penobscot Tribes in 1980 The total value of the pro- posed settlement is estimated to be between $80 and $90 million dollars $50 million of which will be paid over a period of 5 years by the Federal Government ($32 million) and slate local and private sources ($18 mil lion) The remainder of the $80 to $90 million lies in the estimated value of services and in-hind contributions from Federal agencies and state and local governments over a long period of years In exchange the Tribe agrees that its land claim arising out of the Native American Rights Fund Volume i8. No. I Winter/Spring Volum 18. o, I1993 Contents: Catawba Tribe Approves Settlement With South Carolina Case Updates... NARF Receives Human Rights Award Available from NILL Available From The Indian Law Support Center............. NARF Resources and Publications. -,. NARF Attorney Resume Native American Rights Fund ...... .. . .. 13 ... .. .. . ..1 4 14-15 . . 15 ... . . . . . 15 . . . . . . . . 1 6 TRIBAL SOVEREIGNTY CCI believe that the rights of tribes are inherent, and that when we talk about our rights as tribal people, we should be talking about the rights we have had since time immemorial. 99 Wilma Mankiller, Principle Chief, Cherokee Nation, 1991 P LEGAL REVIEW 1840 Treaty of Nation Ford will be forever extinguished together with any other rights arising out of the 1760 and 1763 Treaties or aborigi- nal title While the proposed settle- ment has the support of the South Carolina Congressional delegation the Governor and local governments it must still be enacted into law by Congress and the Slate of South Carolina If the settlement is not approved by Congress the Tribe will be forced to sue 61 767 persons indi- vidually who presently claim owner- ship of the Tribes 144 000-acre Treaty Reservation SUMMARY OF THE AGREEMENT IN PRINCIPLE TO SETTLE THE LAND CLAIM OF THE CATAWBA TRIBE OF SOUTH CAROLINA Restoration. The trust relationship between the Tribe and the United States will be restored the Tribe will become a federally-recog nized Indian Tribe and it and its members will be eligible for Federal Indian services including education health social services and housing The 1959 Termination Act will be repealed Tribal Trust Funds. Over a five-year period the Federal Government and State of South Carolina will contribute $50 million to be placed into five trust funds. a Land Acquisition Trust an Economic Development Trust a Social Services and Elderly Assistance Trust an Edu- cation Trust and a Per Capita Pay- mcnl Trust The SwdIcIty of ihe i le- rior will manage and invest the trust funds unless the Tribe chooses to use private sector investment managers with proven competence and expe- Digitized from Best Copy Available LE_- REVIEW I .1 __________________ 1 __________________

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