S.C. Code Regs. § § 139-104

Current through Register Vol. 48, No. 11, November 22, 2024

Section 139-104 - Limitations

A. The Native American Indian entities recognized by this act, their members, lands, natural resources, or other property owned by such entities or their members, are subject to the civil, criminal, and regulatory jurisdiction and laws of the State of South Carolina, its agencies, and political subdivisions, and the civil and criminal jurisdiction of the courts of the State of South Carolina, to the same extent as any other person, citizen or land in South Carolina.

B. Notwithstanding their state certification, Native American Indian entities have no power or authority to take any action that would establish, advance or promote any form of gambling in the State of South Carolina; nor does this provision of law confer power or authority to take any action which could establish, advance or promote any form of gambling in the State.

C. Nothing in this act recognizes, creates, extends, or forms the basis of any right or claim of interest in land or real estate in this State for any Native American Indian entity recognized by the State.

D. Federally recognized tribes retain all federally recognized sovereignty of rights under this provision of law.

E. State recognized tribes that subsequently obtain federal recognition are not bound by the limitations of this provision and therefore, gain and retain all federally recognized sovereignty of rights under this provision of law.

F. Splinter groups, political factions, communities or groups that separate from the main body of a currently State acknowledged tribe or who claim the same ancestors, history, genealogy, institutions, establishments, or other primary characteristics of a currently recognized tribe, may not be acknowledged under these regulations. However, entities that can establish clearly and on a substantially continuous basis that they have functioned throughout the past one hundred years until the present as an autonomous tribal entity may be acknowledged under this part, even though they have been regarded by some as part of or as having been associated in some manner with an acknowledged South Carolina Indian Tribe. No entities formed after January 1, 2006 shall be granted State recognition as a "Tribe".

S.C. Code Regs. § 139-104

Added by State Register Volume 28, Issue No. 6, eff June 25, 2004. Amended by State Register Volume 30, Issue No. 6, eff June 23, 2006.