Page:United States Statutes at Large Volume 107 Part 2.djvu/183

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 103-116—OCT. 27, 1993 107 STAT. 1135 are also authorized to acouire Reservation and non-Reservation lands using the methods of financing described in the Settlement Agreement. (g) AUTHORITY TO ERECT PERMANENT IMPROVEMENTS ON EXIST- ING AND EXPANDED RESERVATION LAND AND NON-RESERVATION LAND HELD IN TRUST. — Notwithstanding any other provision of law or regulation, the Attorney General of the United States shall approve any deed or other instrument which conveys to the United States lands purchased pursuant to the provisions of this section and the Settlement Agreement. The Secretary or the Tribe may erect permanent improvements of a substantial value, or any other improvements authorized by law on such land after such land is conveyed to the United States. (h) EASEMENTS OVER RESERVATION.—(1) The acquisition of lands for the Expanded Reservation shall not extinguish any easements or rights-of-way then encumbering such lands unless the Secretary or the Tribe enters into a written agreement with the owners terminating such easements or rights-of-way. (2)(A) The Tnbe, with the approval of the Secretary, shall have the power to grant or convey easements and rights-of-way, in a manner consistent with the Settlement Agreement. (B) Unless the Tribe and the State agree upon a valuation formula for pricing easements over the Reservation, the Secretary shall be suDject to proceedings for condemnation and eminent domain to acquire easements and rights of way for public purposes through the Reservation under the laws of the State in circumstances where no other reasonable access is available. (C) With the approval of the Tribe, the Secretary may grant easements or rights-of-way over the Reservation for private purposes, and implied easements of necessity shall apply to all lands acquired by the Tribe, unless expressly excluded by the parties. (i) JURISDICTIONAL SI'ATUS. —Only land made part of the Reservation shall be governed by the special jiuisdictional provisions set forth in the Settlement Agreement and the State Act. (j) SALE AND TRANSFER OF RESERVATION LANDS. —With the approval of the Secretar^^, the Tribe may sell, exchange, or lease lands within the Reservation, and sell timber or other natural resources on the Reservation under circumstances and in the manner prescribed by the Settlement Agreement and the State Act. (k) TIME LIMIT ON ACQUISITIONS. —Al l acquisitions of contiguous land to expand the Reservation or of non-contiguous lands to be placed in Reservation status shall be completed or under contract of purchase within 10 years frova. the date the last payment is made into the Land Acquisition Trust; except that for a period of 20 years after the date the last payment is made into the Catawba Land Acquisition Trust Fund, the Tribe may, subject to the limitation on the total size of the Reservation, continue to add parcels to up to two Reservation areas so long as the parcels acquired are contiguous to one of those two Reservation areas. (1) LEASES OF RESERVATION LANDS.— The provisions of the first section of the Act of August 9, 1955 (ch. 615, 69 Stat. 539; 25 U.S.C. 415) shall not apply to the Tribe and its Reservation. The Tribe is authorized to lease its Reservation lands for terms up to but not exceeding 99 years, with or without the approval of the Secretary. With regard to any lease of Reservation lands not approved by the Secretary, the Secretary shall be exculpate by