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''South Carolina v. Catawba Indian Tribe, Inc.'', 476 U.S. 498 (1986), is an important U.S. Supreme Court precedent for aboriginal title in the United States decided in the wake of ''County of Oneida v. Oneida Indian Nation of New York State'' (Oneida II) (1985). Distinguishing ''Oneida II'', the Court held that federal policy did not preclude the application of a state statute of limitations to the land claim of a tribe that had been terminated, such as the Catawba tribe. The Court remanded to the United States Court of Appeals for the Fourth Circuit to determine whether South Carolina's statute of limitations applied to the facts of the case. All together, the Fourth Circuit heard oral arguments in the case seven times, six of those times sitting en banc, i.e. all the judges on the Circuit rather than a panel of three (although the Circuit wrote only five published opinions).〔 The Fourth Circuit determined that the limitations statute only barred the claim against those defendants that could satisfy the standards of adverse possession and upheld the trial court's denial of a defendant class certification. These rulings would have required the Catawbas to file individual lawsuits against the estimated 60,000 landowners in the area. The complaints were prepared and printed, but the parties reached a settlement before the date on which the Catawbas would have been required to file the individual complaints. Congress ratified the settlement, extinguishing all aboriginal title held by the Catawbas in exchange for $50,000,000—$32,000,000 paid by the federal government and $18,000,000 paid by the state.〔Catawba Indian Tribe of South Carolina Land Claims Settlement Act of 1993, Pub. L. No. 103-116, 107 Stat 1118 (codified at 25 U.S.C. § 941).〕 ==Background== The Treaty of Fort Augusta (1763), which immediately followed the Royal Proclamation of 1763, between the Catawba and the King of England guaranteed 144,000 acres of land to the Catawba in modern-day northern South Carolina.〔''South Carolina v. Catawba Indian Tribe'', 476 U.S. 498, 499–500 & n.1 (1986).〕 The "Tract of Land of Fifteen Miles square" was the Catawba's sole reservation, having ceded to the British the entirety of the rest of their claim to North and South Carolina in 1760 and 1763.〔 By 1840, nearly all of the Catawba reservation had been leased to non-Indians.〔476 U.S. at 501.〕 After the Revolution, and decades after the passage of the federal Nonintercourse Act requiring Congressional consent for conveyances of Indian lands, South Carolina purchased 144,000 acre tract in 1840 with the Treaty of Nation Ford, without federal involvement.〔476 U.S. at 500–01.〕 The Treaty provided that the tribe should receive $5,000 worth of land, $2,500, and nine annual payments of $1,500.〔 In 1842, the state purchased a 630-acre reservation for the tribe, which was still held in trust by the state for the tribe at the time of litigation.〔 Between 1900 and 1942, the tribe lobbied the state to resolve the dispute.〔476 U.S. at 502.〕 The tribe also lobbied the federal government; for example, in 1910 a federal Indian agent advised the tribe the federal government would not litigate the tribe's claim on their behalf.〔476 U.S. at 516 (Blackmun, J., dissenting).〕 In 1943, the tribe, state, and Bureau of Indian Affairs (BIA) entered into a Memorandum of Understanding whereby the state purchased 3,434 acres for the tribe and conveyed the land to the Department of Interior in trust for the tribe; the agreement did not require the Catawba to renounce their claim against the state.〔 Under the agreement, the tribe also adopted a BIA-approved constitution and received federal benefits.〔476 U.S. at 502–03.〕 In 1959, pursuant to federal Indian termination policy, Congress authorized the division of the Catawba tribe's assets pursuant to the Catawba Division of Assets Act (the "termination act").〔Catawba Indian Tribe Division of Assets Act, Pub. L. No. 86-322, 73 Stat. 592 (1959) (codified at 25 U.S.C. §§ 931–938).〕 The BIA reassured the tribe that termination would not jeopardize the tribe's claim against the state.〔476 U.S. at 504.〕 The termination act provided that all state laws would apply to the tribe as if they were non-Indians.〔 In 1975, the Catawbas incorporated under South Carolina law as a non-profit.〔476 U.S. at 511 n.2.〕 By the time of the lawsuit, the town of Rock Hill, South Carolina had developed within the former 144,000 acre tract.〔476 U.S. at 512.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「South Carolina v. Catawba Indian Tribe, Inc.」の詳細全文を読む スポンサード リンク
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