§ 1775c TITLE 25—INDIANS Page 538

other commitment carried out pursuant to

paragraph (1).

(B) A transfer made pursuant to paragraph

(1) shall be deemed to have been made in accordance with all provisions of Federal law

that specifically apply to transfers of lands or

natural resources from, by, or on behalf of an

Indian, Indian nation, or tribe of Indians (including the Act popularly known as the

‘‘Trade and Intercourse Act of 1790’’; section 4

of the Act of July 22, 1790 (1 Stat. 137, chapter

33)). The approval of the United States made

pursuant to subparagraph (A) shall apply to

the transfer beginning on the date of the

transfer.

(d) Extinguishment of claims

(1) In general

Subject to subsections (f)(2) and (g) of this

section, the following claims are hereby extinguished:

(A) Any claim to land within the State of

Connecticut based upon aboriginal title by

the Mohegan Tribe.

(B) Any other claim that the Mohegan

Tribe may have with respect to any public or

private lands or natural resources in Connecticut, including any claim or right based

on recognized title, including—

(i) any claim that the Mohegan Tribe

may have to the tribal sequestered lands

bounded out to the Tribe in 1684, consisting of some 20,480 acres lying between the

Thames River, New London bounds, Norwich bounds, and Colchester bounds;

(ii) any claim that the Mohegan Tribe

may have based on a survey conducted

under the authority of the Connecticut

General Assembly in 1736 of lands reserved

and sequestered by the General Assembly

for the sole use and improvement of the

Mohegan Indian Tribe; and

(iii) any claim that the Mohegan Tribe

may have based on any action by the State

carried out in 1860 or 1861 or otherwise

made by the State to allot, reallot, or confirm any lands of the Mohegan Tribe to individual Indians or other persons.

(2) Approval by the United States

An extinguishment made pursuant to this

subsection shall be deemed to have been made

in accordance with all provisions of Federal

law that specifically apply to transfers of

lands or natural resources from, by, or on behalf of an Indian, Indian nation, or tribe of Indians (including the Act popularly known as

the ‘‘Trade and Intercourse Act of 1790’’; section 4 of the Act of July 22, 1790 (1 Stat. 137,

chapter 33)).

(e) Transfers

Subject to subsection (g) of this section, any

transfer of lands or natural resources located

within the State of Connecticut, including any

such transfer made pursuant to any applicable

Federal or State law (including any applicable

treaty), made by, from, or on behalf of the Mohegan Tribe or any predecessor or successor in

interest of the Mohegan Tribe shall be deemed

to be in full force and effect, as provided in subsection (c)(1) of this section.

(f) Limitation

(1) In general

Except as provided in paragraph (2) and subject to subsection (g) of this section, by virtue

of the approval by the United States under

this section of a transfer of land or the extinguishment of aboriginal title, any claim by

the Mohegan Tribe against the United States,

any State or political subdivision of a State,

or any other person or entity, by the Mohegan

Tribe, that—

(A) arises after the transfer or extinguishment is carried out; and

(B) is based on any interest in or right involving any claim to lands or natural resources described in this section, including

claims for trespass damages or claims for

use and occupancy,

shall, beginning on the date of the transfer of

land or the extinguishment of aboriginal title,

be considered an extinguished claim.

(2) Exception

The limitation under paragraph (1) shall not

apply to any interest in lands or natural resources that is lawfully acquired by the Mohegan Tribe or a member of the Mohegan Tribe

after the applicable date specified in paragraph (1).

(g) Statutory construction

(1) Aboriginal interests

Nothing in this section may be construed to

extinguish any aboriginal right, title, interest,

or claim to lands or natural resources, to the

extent that such right, title, interest, or claim

is an excepted interest, as defined under section 1(a) of the State Agreement.

(2) Personal claims

Nothing in this section may be construed to

offset or eliminate the personal claim of any

individual Indian if the individual Indian pursues such claim under any law of general applicability.

(Pub. L. 103–377, §4, Oct. 19, 1994, 108 Stat. 3502.)

REFERENCES IN TEXT

The Indian Gaming Regulatory Act, referred to in

subsec. (a)(1), is Pub. L. 100–497, Oct. 17, 1988, 102 Stat.

2467, as amended, which is classified principally to

chapter 29 (§2701 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title

note set out under section 2701 of this title and Tables.

The Trade and Intercourse Act of 1790, referred to in

subsecs. (c)(2)(B) and (d)(2), is act July 22, 1790, ch. 33,

1 Stat. 137, which is not classified to the Code.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1775g of this

title.

§ 1775c. Conveyance of lands to United States to

be held in trust for Mohegan Tribe

(a) In general

Subject to the environmental requirements

that apply to land acquisitions covered under

part 151 of title 25, Code of Federal Regulations

(or any subsequent similar regulation), the Secretary shall take such action as may be necessary to facilitate the conveyance to the
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.