`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4653 Enrolled Bill (ENR)]

        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.
        (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-to-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)));
        (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.
        (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 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 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 
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.

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.`