Page 537 TITLE 25—INDIANS § 1775b

(7) The State of Connecticut and the Mohegan Tribe have executed agreements for the

purposes of resolving all disputes between the

State of Connecticut and the Mohegan Tribe

and providing a settlement for the action referred to in paragraph (5).

(8) In order to implement the agreements referred to in paragraphs (5) and (6) of section

1775a of this title that address matters of jurisdiction with respect to certain offenses

committed by and against members of the Mohegan Tribe and other Indians in Indian country and matters of gaming-related development, it is necessary for the Congress to enact

legislation.

(9) The town of Montville, Connecticut,

will—

(A) be affected by the loss of a tax base

from, and jurisdiction over, lands that will

be held in trust by the United States on behalf of the Mohegan Tribe; and

(B) serve as the host community for the

gaming operations of the Mohegan Tribe.

(10) The town of Montville and the Mohegan

Tribe have entered into an agreement to resolve issues extant between them and to establish the basis for a cooperative government-togovernment relationship.

(b) Purposes

The purposes of this subchapter are as follows:

(1) To facilitate the settlement of claims

against the State of Connecticut by the Mohegan Tribe.

(2) To facilitate the removal of any encumbrance to any title to land in the State of Connecticut that would have resulted from the action referred to in subsection (a) of this section.

(Pub. L. 103–377, §2, Oct. 19, 1994, 108 Stat. 3501.)

SHORT TITLE

Section 1 of Pub. L. 103–377 provided that: ‘‘This Act

[enacting this subchapter] may be cited as the ‘Mohegan Nation of Connecticut Land Claims Settlement Act

of 1994’.’’

§ 1775a. Definitions

As used in this subchapter:

(1) Lands or natural resources

The term ‘‘lands or natural resources’’

means any real property or natural resources,

or any interest in or right involving any real

property or natural resources, including any

right or interest in minerals, timber, or water,

and any hunting or fishing rights.

(2) Mohegan Tribe

The term ‘‘Mohegan Tribe’’ means the Mohegan Tribe of Indians of Connecticut, a tribe of

American Indians recognized by the United

States pursuant to part 83 of title 25, Code of

Federal Regulations, and the State of Connecticut pursuant to section 47–59a(b) of the

Connecticut General Statutes.

(3) Secretary

The term ‘‘Secretary’’ means the Secretary

of the Interior.

(4) State

The term ‘‘State’’ means the State of Connecticut.

(5) State Agreement

The term ‘‘State Agreement’’ means the

Agreement between the Mohegan Tribe and

the State of Connecticut, executed on May 17,

1994, by the Governor of the State of Connecticut and the Chief of the Mohegan Tribe, that

was filed with the Secretary of State of the

State of Connecticut.

(6) Town Agreement

The term ‘‘Town Agreement’’ means the

agreement executed on June 16, 1994, by the

Mayor of the town of Montville and the Chief

of the Mohegan Tribe.

(7) Transfer

The term ‘‘transfer’’ includes any sale,

grant, lease, allotment, partition, or conveyance, any transaction the purpose of which is

to effect a sale, grant, lease, allotment, partition, or conveyance, or any event that results

in a change of possession or control of land or

natural resources.

(Pub. L. 103–377, §3, Oct. 19, 1994, 108 Stat. 3502.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1775 of this title.

§ 1775b. Action by Secretary

(a) In general

The Secretary is authorized to carry out the

duties specified in subsection (b) of this section

at such time as the Secretary makes a determination that—

(1) in accordance with the Indian Gaming

Regulatory Act (25 U.S.C. 2701 et seq.), the

State of Connecticut has entered into a binding compact with the Mohegan Tribe providing for class III tribal gaming operations (as

defined in section 4(8) of such Act (25 U.S.C.

2703(8)));

(2) the compact has been approved by the

Secretary pursuant to section 11(d)(8) of such

Act (25 U.S.C. 2710(d)(8)); and

(3) pursuant to transfers carried out pursuant to the State Agreement, the United States

holds title to lands described in exhibit B of

the State Agreement in trust for the Mohegan

Tribe to be used as the initial Indian reservation of the Mohegan Tribe.

(b) Publication by Secretary

If the Secretary makes a determination under

subsection (a) of this section that the conditions

specified in paragraphs (1) through (3) of that

subsection have been met, the Secretary shall

publish the determination, together with the

State Agreement, in the Federal Register.

(c) Effect of publication

(1) In general

Upon the publication of the determination

and the State Agreement in the Federal Register pursuant to subsection (b) of this section,

a transfer, waiver, release, relinquishment, or

other commitment made by the Mohegan

Tribe in accordance with the terms and conditions of the State Agreement shall be in full

force and effect.

(2) Approval by the United States

(A) The United States hereby approves any

transfer, waiver, release, relinquishment, or