Page 539 TITLE 25—INDIANS § 1775g

United States of title to lands described in exhibits A and B of the State Agreement. Such

lands shall be held by the United States in trust

for the use and benefit of the Mohegan Tribe as

the initial Indian reservation of the Mohegan

Tribe.

(b) Consultation

(1) In general

The Secretary shall consult with the appropriate official of the town of Montville concerning any tract of land subject to exhibit B

of the State Agreement but not specifically

identified in such exhibit with respect to the

impact on the town resulting from—

(A) the removal of the land from taxation

by the town;

(B) problems concerning the determination

of jurisdiction; and

(C) potential land use conflicts.

(2) Statutory construction

Nothing in this subchapter may affect the

right of the town of Montville to participate,

under any applicable law, in decisionmaking

processes concerning the acquisition of any

lands by the Federal Government to be held in

trust for the Mohegan Tribe.

(Pub. L. 103–377, §5, Oct. 19, 1994, 108 Stat. 3504.)

§ 1775d. Consent of United States to State assumption of criminal jurisdiction

(a) In general

Subject to subsection (b) of this section, the

consent of the United States is hereby given to

the assumption of jurisdiction by the State of

Connecticut over criminal offenses committed

by or against Indians on the reservation of the

Mohegan Tribe. The State shall have such jurisdiction to the same extent as the State has jurisdiction over such offenses committed elsewhere within the State. The criminal laws of the

State shall have the same force within such reservation and Indian country as such laws have

elsewhere within the State.

(b) Statutory construction

(1) Effect on concurrent jurisdiction of the Mohegan Tribe

The assumption of criminal jurisdiction by

the State pursuant to subsection (a) of this

section shall not affect the concurrent jurisdiction of the Mohegan Tribe over matters

concerning such criminal offenses.

(2) Statutory construction

The assumption of criminal jurisdiction by

the State pursuant to subsection (a) of this

section shall not be construed as a waiver of

the jurisdiction of the United States under

section 1153 of title 18.

(Pub. L. 103–377, §6, Oct. 19, 1994, 108 Stat. 3505.)

§ 1775e. Ratification of Town Agreement

(a) In general

Notwithstanding any other provision of law,

the consent of the United States is hereby given

to the Town Agreement and the Town Agreement shall be in full force and effect.

(b) Approval of Town Agreement

The Secretary shall approve any subsequent

amendments made to the Town Agreement after

October 19, 1994, that are—

(1) mutually agreed on by the parties to the

Town Agreement; and

(2) consistent with applicable law.

(Pub. L. 103–377, §7, Oct. 19, 1994, 108 Stat. 3505.)

§ 1775f. General discharge and release of obligations of State of Connecticut

Except as expressly provided in this subchapter, the State Agreement, or the Town

Agreement, this subchapter shall constitute a

general discharge and release of all obligations

of the State of Connecticut and the political

subdivisions, agencies, departments, officers, or

employees of the State of Connecticut arising

from any treaty or agreement with, or on behalf

of, the Mohegan Tribe or the United States as

trustee for the Mohegan Tribe.

(Pub. L. 103–377, §8, Oct. 19, 1994, 108 Stat. 3505.)

§ 1775g. Effect of revocation of State Agreement

(a) In general

If, during the 15-year period beginning on the

date on which the Secretary publishes a determination pursuant to section 1775b(b) of this

title, the State Agreement is invalidated by a

court of competent jurisdiction, or if the gaming

compact described in section 1775b(a)(1) of this

title or any agreement between the State of

Connecticut and the Mohegan Tribe to implement the compact is invalidated by a court of

competent jurisdiction—

(1) the transfers, waivers, releases, relinquishments, and other commitments made by

the Mohegan Tribe under section 1(a) of the

State Agreement shall cease to be of any force

or effect;

(2) section 1775b of this title shall not apply

to the lands or interests in lands or natural resources of the Mohegan Tribe or any of its

members, and the title to the lands or interests in lands or natural resources shall be determined as if such section were never enacted; and

(3) the approval by the United States of prior

transfers and the extinguishment of claims

and aboriginal title of the Mohegan Tribe

otherwise made under section 1775b of this

title shall be void.

(b) Right of Mohegan Tribe to reinstate claim

(1) In general

If a State Agreement or compact or agreement described in subsection (a) of this section is invalidated by a court of competent jurisdiction, the Mohegan Tribe or its members

shall have the right to reinstate a claim to

lands or interests in lands or natural resources

to which the Tribe or members are entitled as

a result of the invalidation, within a reasonable time, but not later than the later of—

(A) 180 days after the Mohegan Tribe receives written notice of such determination

of an invalidation described in subsection (a)

of this section; or

(B) if the determination of the invalidation is subject to an appeal, 180 days after

the court of last resort enters a judgment.