H. R. 4653

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To settle Indian land claims within the State of Connecticut, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Mohegan Nation of Connecticut

Land Claims Settlement Act of 1994’’.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds the following:

(1) The Mohegan Tribe of Indians of Connecticut received

recognition by the United States pursuant to the administrative

process under part 83 of title 25 of the Code of Federal Regulations.

(2) The Mohegan Tribe of Indians of Connecticut is the

successor in interest to the aboriginal entity known as the

Mohegan Indian Tribe. (3) The Mohegan Tribe has existed in the geographic area

that is currently the State of Connecticut for a long period

preceding the colonial period of the history of the United States. (4) Certain lands were sequestered as tribal lands by the

Colony of Connecticut and subsequently by the State of

Connecticut.

(5) The Mohegan Tribe of Indians of Connecticut v. State of Connecticut, et al. (Civil Action No. H–77–434, pending

before the United States District Court for the Southern District

of Connecticut) relates to the ownership of certain lands within

the State of Connecticut.

(6) Such action will likely result in economic hardships

for residents of the State of Connecticut, including residents

of the town of Montville, Connecticut, by encumbering the

title to lands in the State, including lands that are not currently

the subject of the action.

(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 3 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.
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(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 oper- ations 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 governmentto-government relationship.

(b) PURPOSES.—The purposes of this Act 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).

SEC. 3. DEFINITIONS.

As used in this Act:

(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.

SEC. 4. ACTION BY SECRETARY.

(a) IN GENERAL.—The Secretary is authorized to carry out

the duties specified in subsection (b) 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)));
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(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) 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), 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 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), 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.
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(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), 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).

(f) LIMITATION.—

(1) IN GENERAL.—Except as provided in paragraph (2) and

subject to subsection (g), 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.

SEC. 5. CONVEYANCE OF LANDS TO THE UNITED STATES TO BE HELD

IN TRUST FOR THE 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 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
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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 jurisdic- tion; and

(C) potential land use conflicts. (2) STATUTORY CONSTRUCTION.—Nothing in this Act 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.

SEC. 6. CONSENT OF UNITED STATES TO STATE ASSUMPTION OF

CRIMINAL JURISDICTION.

(a) IN GENERAL.—Subject to subsection (b), 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) 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) shall not

be construed as a waiver of the jurisdiction of the United

States under section 1153 of title 18, United States Code.

SEC. 7. 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 the date of enactment of this Act that are—

(1) mutually agreed on by the parties to the Town Agreement; and

(2) consistent with applicable law.

SEC. 8. GENERAL DISCHARGE AND RELEASE OF OBLIGATIONS OF

STATE OF CONNECTICUT.

Except as expressly provided in this Act, the State Agreement,

or the Town Agreement, this Act shall constitute a general discharge

and release of all obligations of the State of Connecticut and the

political subdivisions, agencies, departments, officers, or employees
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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.

SEC. 9. 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 4(b), the State Agreement is invalidated by a court

of competent jurisdiction, or if the gaming compact described in

section 4(a)(1) 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 4 of this Act 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 4 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) 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); or

(B) if the determination of the invalidation is subject

to an appeal, 180 days after the court of last resort enters

a judgment.

(2) DEFENSES.—Notwithstanding any other provision of

law, if a party to an action described in paragraph (1) reinstates

the action during the period described in paragraph (1)(B)—

(A) no defense, such as laches, statute of limitations,

law of the case, res judicata, or prior disposition may

be asserted based on the withdrawal of the action and

reinstatement of the action; and

(B) the substance of any discussions leading to the

State Agreement may not be admissible in any subsequent

litigation, except that, if any such action is reinstated,

any defense that would have been available to the State

of Connecticut at the time the action was withdrawn—

(i) may be asserted; and

(ii) is not waived by anything in the State Agreement or by subsequent events occurring between the

withdrawal action and commencement of the reinstated

action.
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SEC. 10. JUDICIAL REVIEW.

(a) JURISDICTION.—Notwithstanding any other provision of law,

during the period beginning on the date of enactment of this Act

and ending on the date that is 180 days after such date, the

United States District Court for the Southern District of Connecticut

shall have exclusive jurisdiction over any action to contest the

constitutionality of this Act or the validity of any agreement entered

into under the authority of this Act or approved by this Act. (b) DEADLINE FOR FILING.—Effective with the termination of

the period specified in subsection (a), no court shall have jurisdiction

over any action to contest the constitutionality of this Act or the

validity of any agreement entered into under the authority of this

Act or approved by this Act, unless such action was filed prior

to the date of termination of the period specified in subsection

(a).

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.