103D CONGRESS

2D SESSION H. R. 4653

AMENDMENT
In the Senate of the United States,

October 3 (legislative day, September 12), 1994.

Resolved, That the bill from the House of Representatives (H.R. 4653) entitled ‘‘An Act to settle Indian land

claims within the State of Connecticut, and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Mohegan Nation of Con3 necticut Land Claims Settlement Act of 1994’’.

4 SEC. 2. FINDINGS AND PURPOSES.

5 (a) FINDINGS.—Congress finds the following:

6 (1) The Mohegan Tribe of Indians of Connecticut

7 received recognition by the United States pursuant to

8 the administrative process under part 83 of title 25

9 of the Code of Federal Regulations.
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1 (2) The Mohegan Tribe of Indians of Connecticut

2 is the successor in interest to the aboriginal entity

3 known as the Mohegan Indian Tribe.

4 (3) The Mohegan Tribe has existed in the geo5 graphic area that is currently the State of Connecti6 cut for a long period preceding the colonial period of

7 the history of the United States.

8 (4) Certain lands were sequestered as tribal

9 lands by the Colony of Connecticut and subsequently

10 by the State of Connecticut.

11 (5) The Mohegan Tribe of Indians of Connecticut

12 v. State of Connecticut, et al. (Civil Action No. H–

13 77–434, pending before the United States District

14 Court for the Southern District of Connecticut) relates

15 to the ownership of certain lands within the State of

16 Connecticut.

17 (6) Such action will likely result in economic

18 hardships for residents of the State of Connecticut, in19 cluding residents of the town of Montville, Connecti20 cut, by encumbering the title to lands in the State, in21 cluding lands that are not currently the subject of the

22 action.

23 (7) The State of Connecticut and the Mohegan

24 Tribe have executed agreements for the purposes of re25 solving all disputes between the State of Connecticut
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1 and the Mohegan Tribe and providing a settlement

2 for the action referred to in paragraph (5).

3 (8) In order to implement the agreements re4 ferred to in paragraphs (5) and (6) of section 3 that

5 address matters of jurisdiction with respect to certain

6 offenses committed by and against members of the

7 Mohegan Tribe and other Indians in Indian country

8 and matters of gaming-related development, it is nec9 essary for the Congress to enact legislation.

10 (9) The town of Montville, Connecticut, will—

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

12 from, and jurisdiction over, lands that will be

13 held in trust by the United States on behalf of

14 the Mohegan Tribe; and

15 (B) serve as the host community for the

16 gaming operations of the Mohegan Tribe.

17 (10) The town of Montville and the Mohegan

18 Tribe have entered into an agreement to resolve issues

19 extant between them and to establish the basis for a

20 cooperative government-to-government relationship.

21 (b) PURPOSES.—The purposes of this Act are as fol22 lows:

23 (1) To facilitate the settlement of claims against

24 the State of Connecticut by the Mohegan Tribe.
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1 (2) To facilitate the removal of any encumbrance

2 to any title to land in the State of Connecticut that

3 would have resulted from the action referred to in

4 subsection (a).

5 SEC. 3. DEFINITIONS.

6 As used in this Act:

7 (1) LANDS OR NATURAL RESOURCES.—The term

8 ‘‘lands or natural resources’’ means any real property

9 or natural resources, or any interest in or right in10 volving any real property or natural resources, in11 cluding any right or interest in minerals, timber, or

12 water, and any hunting or fishing rights.

13 (2) MOHEGAN TRIBE.—The term ‘‘Mohegan

14 Tribe’’ means the Mohegan Tribe of Indians of Con15 necticut, a tribe of American Indians recognized by

16 the United States pursuant to part 83 of title 25,

17 Code of Federal Regulations, and the State of Con18 necticut pursuant to section 47–59a(b) of the Con19 necticut General Statutes.

20 (3) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of the Interior.

22 (4) STATE.—The term ‘‘State’’ means the State

23 of Connecticut.

24 (5) STATE AGREEMENT.—The term ‘‘State Agree25 ment’’ means the Agreement between the Mohegan
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1 Tribe and the State of Connecticut, executed on May

2 17, 1994, by the Governor of the State of Connecticut

3 and the Chief of the Mohegan Tribe, that was filed

4 with the Secretary of State of the State of Connecti5 cut.

6 (6) TOWN AGREEMENT.—The term ‘‘Town Agree7 ment’’ means the agreement executed on June 16,

8 1994, by the Mayor of the town of Montville and the

9 Chief of the Mohegan Tribe.

10 (7) TRANSFER.—The term ‘‘transfer’’ includes

11 any sale, grant, lease, allotment, partition, or convey12 ance, any transaction the purpose of which is to effect

13 a sale, grant, lease, allotment, partition, or convey14 ance, or any event that results in a change of posses15 sion or control of land or natural resources.

16 SEC. 4. ACTION BY SECRETARY.

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

18 carry out the duties specified in subsection (b) at such time

19 as the Secretary makes a determination that—

20 (1) in accordance with the Indian Gaming Reg21 ulatory Act (25 U.S.C. 2701 et seq.), the State of Con22 necticut has entered into a binding compact with the

23 Mohegan Tribe providing for class III tribal gaming

24 operations (as defined in section 4(8) of such Act (25

25 U.S.C. 2703(8)));
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1 (2) the compact has been approved by the Sec2 retary pursuant to section 11(d)(8) of such Act (25

3 U.S.C. 2710(d)(8)); and

4 (3) pursuant to transfers carried out pursuant to

5 the State Agreement, the United States holds title to

6 lands described in exhibit B of the State Agreement

7 in trust for the Mohegan Tribe to be used as the ini8 tial Indian reservation of the Mohegan Tribe.

9 (b) PUBLICATION BY SECRETARY.—If the Secretary

10 makes a determination under subsection (a) that the condi11 tions specified in paragraphs (1) through (3) of that sub12 section have been met, the Secretary shall publish the deter13 mination, together with the State Agreement, in the Federal

14 Register.

15 (c) EFFECT OF PUBLICATION.—

16 (1) IN GENERAL.—Upon the publication of the

17 determination and the State Agreement in the Fed18 eral Register pursuant to subsection (b), a transfer,

19 waiver, release, relinquishment, or other commitment

20 made by the Mohegan Tribe in accordance with the

21 terms and conditions of the State Agreement shall be

22 in full force and effect.

23 (2) APPROVAL BY THE UNITED STATES.—(A)

24 The United States hereby approves any transfer,
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1 waiver, release, relinquishment, or other commitment

2 carried out pursuant to paragraph (1).

3 (B) A transfer made pursuant to paragraph (1)

4 shall be deemed to have been made in accordance with

5 all provisions of Federal law that specifically apply

6 to transfers of lands or natural resources from, by, or

7 on behalf of an Indian, Indian nation, or tribe of In8 dians (including the Act popularly known as the

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

10 Act of July 22, 1790 (1 Stat. 137, chapter 33)). The

11 approval of the United States made pursuant to sub12 paragraph (A) shall apply to the transfer beginning

13 on the date of the transfer.

14 (d) EXTINGUISHMENT OF CLAIMS.—

15 (1) IN GENERAL.—Subject to subsections (f)(2)

16 and (g), the following claims are hereby extinguished:

17 (A) Any claim to land within the State of

18 Connecticut based upon aboriginal title by the

19 Mohegan Tribe.

20 (B) Any other claim that the Mohegan

21 Tribe may have with respect to any public or

22 private lands or natural resources in Connecti23 cut, including any claim or right based on recog24 nized title, including—
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1 (i) any claim that the Mohegan Tribe

2 may have to the tribal sequestered lands

3 bounded out to the Tribe in 1684, consisting

4 of some 20,480 acres lying between the

5 Thames River, New London bounds, Nor6 wich bounds, and Colchester bounds;

7 (ii) any claim that the Mohegan Tribe

8 may have based on a survey conducted

9 under the authority of the Connecticut Gen10 eral Assembly in 1736 of lands reserved and

11 sequestered by the General Assembly for the

12 sole use and improvement of the Mohegan

13 Indian Tribe; and

14 (iii) any claim that the Mohegan Tribe

15 may have based on any action by the State

16 carried out in 1860 or 1861 or otherwise

17 made by the State to allot, reallot, or con18 firm any lands of the Mohegan Tribe to in19 dividual Indians or other persons.

20 (2) APPROVAL BY THE UNITED STATES.—An ex21 tinguishment made pursuant to this subsection shall

22 be deemed to have been made in accordance with all

23 provisions of Federal law that specifically apply to

24 transfers of lands or natural resources from, by, or on

25 behalf of an Indian, Indian nation, or tribe of Indi-
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1 ans (including the Act popularly known as the

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

3 Act of July 22, 1790 (1 Stat. 137, chapter 33)).

4 (e) TRANSFERS.—Subject to subsection (g), any trans5 fer of lands or natural resources located within the State

6 of Connecticut, including any such transfer made pursuant

7 to any applicable Federal or State law (including any ap8 plicable treaty), made by, from, or on behalf of the Mohegan

9 Tribe or any predecessor or successor in interest of the Mo10 hegan Tribe shall be deemed to be in full force and effect,

11 as provided in subsection (c)(1).

12 (f) LIMITATION.—

13 (1) IN GENERAL.—Except as provided in para14 graph (2) and subject to subsection (g), by virtue of

15 the approval by the United States under this section

16 of a transfer of land or the extinguishment of aborigi17 nal title, any claim by the Mohegan Tribe against the

18 United States, any State or political subdivision of a

19 State, or any other person or entity, by the Mohegan

20 Tribe, that—

21 (A) arises after the transfer or extinguish22 ment is carried out; and

23 (B) is based on any interest in or right in24 volving any claim to lands or natural resources

25 described in this section, including claims for
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1 trespass damages or claims for use and occu2 pancy,

3 shall, beginning on the date of the transfer of land or

4 the extinguishment of aboriginal title, be considered

5 an extinguished claim.

6 (2) EXCEPTION.—The limitation under para7 graph (1) shall not apply to any interest in lands or

8 natural resources that is lawfully acquired by the Mo9 hegan Tribe or a member of the Mohegan Tribe after

10 the applicable date specified in paragraph (1).

11 (g) STATUTORY CONSTRUCTION.—

12 (1) ABORIGINAL INTERESTS.—Nothing in this

13 section may be construed to extinguish any aboriginal

14 right, title, interest, or claim to lands or natural re15 sources, to the extent that such right, title, interest, or

16 claim is an excepted interest, as defined under section

17 1(a) of the State Agreement.

18 (2) PERSONAL CLAIMS.—Nothing in this section

19 may be construed to offset or eliminate the personal

20 claim of any individual Indian if the individual In21 dian pursues such claim under any law of general

22 applicability.
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1 SEC. 5. CONVEYANCE OF LANDS TO THE UNITED STATES TO

2 BE HELD IN TRUST FOR THE MOHEGAN

3 TRIBE.

4 (a) IN GENERAL.—Subject to the environmental re5 quirements that apply to land acquisitions covered under

6 part 151 of title 25, Code of Federal Regulations (or any

7 subsequent similar regulation), the Secretary shall take such

8 action as may be necessary to facilitate the conveyance to

9 the United States of title to lands described in exhibits A

10 and B of the State Agreement. Such lands shall be held by

11 the United States in trust for the use and benefit of the

12 Mohegan Tribe as the initial Indian reservation of the Mo13 hegan Tribe.

14 (b) CONSULTATION.—

15 (1) IN GENERAL.—The Secretary shall consult

16 with the appropriate official of the town of Montville

17 concerning any tract of land subject to exhibit B of

18 the State Agreement but not specifically identified in

19 such exhibit with respect to the impact on the town

20 resulting from—

21 (A) the removal of the land from taxation

22 by the town;

23 (B) problems concerning the determination

24 of jurisdiction; and

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

2 Act may affect the right of the town of Montville to

3 participate, under any applicable law, in decision4 making processes concerning the acquisition of any

5 lands by the Federal Government to be held in trust

6 for the Mohegan Tribe.

7 SEC. 6. CONSENT OF UNITED STATES TO STATE ASSUMP8 TION OF CRIMINAL JURISDICTION.

9 (a) IN GENERAL.—Subject to subsection (b), the con10 sent of the United States is hereby given to the assumption

11 of jurisdiction by the State of Connecticut over criminal

12 offenses committed by or against Indians on the reservation

13 of the Mohegan Tribe. The State shall have such jurisdiction

14 to the same extent as the State has jurisdiction over such

15 offenses committed elsewhere within the State. The criminal

16 laws of the State shall have the same force within such res17 ervation and Indian country as such laws have elsewhere

18 within the State.

19 (b) STATUTORY CONSTRUCTION.—

20 (1) EFFECT ON CONCURRENT JURISDICTION OF

21 THE MOHEGAN TRIBE.—The assumption of criminal

22 jurisdiction by the State pursuant to subsection (a)

23 shall not affect the concurrent jurisdiction of the Mo24 hegan Tribe over matters concerning such criminal of25 fenses.
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1 (2) STATUTORY CONSTRUCTION.—The assump2 tion of criminal jurisdiction by the State pursuant to

3 subsection (a) shall not be construed as a waiver of

4 the jurisdiction of the United States under section

5 1153 of title 18, United States Code.

6 SEC. 7. RATIFICATION OF TOWN AGREEMENT.

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, the consent of the United States is hereby given

9 to the Town Agreement and the Town Agreement shall be

10 in full force and effect.

11 (b) APPROVAL OF TOWN AGREEMENT.—The Secretary

12 shall approve any subsequent amendments made to the

13 Town Agreement after the date of enactment of this Act that

14 are—

15 (1) mutually agreed on by the parties to the

16 Town Agreement; and

17 (2) consistent with applicable law.

18 SEC. 8. GENERAL DISCHARGE AND RELEASE OF OBLIGA19 TIONS OF STATE OF CONNECTICUT.

20 Except as expressly provided in this Act, the State

21 Agreement, or the Town Agreement, this Act shall constitute

22 a general discharge and release of all obligations of the

23 State of Connecticut and the political subdivisions, agen24 cies, departments, officers, or employees of the State of Con25 necticut arising from any treaty or agreement with, or on
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1 behalf of, the Mohegan Tribe or the United States as trustee

2 for the Mohegan Tribe.

3 SEC. 9. EFFECT OF REVOCATION OF STATE AGREEMENT.

4 (a) IN GENERAL.—If, during the 15-year period begin5 ning on the date on which the Secretary publishes a deter6 mination pursuant to section 4(b), the State Agreement is

7 invalidated by a court of competent jurisdiction, or if the

8 gaming compact described in section 4(a)(1) or any agree9 ment between the State of Connecticut and the Mohegan

10 Tribe to implement the compact is invalidated by a court

11 of competent jurisdiction—

12 (1) the transfers, waivers, releases,

13 relinquishments, and other commitments made by the

14 Mohegan Tribe under section 1(a) of the State Agree15 ment shall cease to be of any force or effect;

16 (2) section 4 of this Act shall not apply to the

17 lands or interests in lands or natural resources of the

18 Mohegan Tribe or any of its members, and the title

19 to the lands or interests in lands or natural resources

20 shall be determined as if such section were never en21 acted; and

22 (3) the approval by the United States of prior

23 transfers and the extinguishment of claims and ab24 original title of the Mohegan Tribe otherwise made

25 under section 4 shall be void.
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1 (b) RIGHT OF MOHEGAN TRIBE TO REINSTATE

2 CLAIM.—

3 (1) IN GENERAL.—If a State Agreement or com4 pact or agreement described in subsection (a) is in5 validated by a court of competent jurisdiction, the

6 Mohegan Tribe or its members shall have the right to

7 reinstate a claim to lands or interests in lands or

8 natural resources to which the Tribe or members are

9 entitled as a result of the invalidation, within a rea10 sonable time, but not later than the later of—

11 (A) 180 days after the Mohegan Tribe re12 ceives written notice of such determination of an

13 invalidation described in subsection (a); or

14 (B) if the determination of the invalidation

15 is subject to an appeal, 180 days after the court

16 of last resort enters a judgment.

17 (2) DEFENSES.—Notwithstanding any other pro18 vision of law, if a party to an action described in

19 paragraph (1) reinstates the action during the period

20 described in paragraph (1)(B)—

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

22 limitations, law of the case, res judicata, or

23 prior disposition may be asserted based on the

24 withdrawal of the action and reinstatement of

25 the action; and
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1 (B) the substance of any discussions leading

2 to the State Agreement may not be admissible in

3 any subsequent litigation, except that, if any

4 such action is reinstated, any defense that would

5 have been available to the State of Connecticut at

6 the time the action was withdrawn—

7 (i) may be asserted; and

8 (ii) is not waived by anything in the

9 State Agreement or by subsequent events oc10 curring between the withdrawal action and

11 commencement of the reinstated action.

12 SEC. 10. JUDICIAL REVIEW.

13 (a) JURISDICTION.—Notwithstanding any other provi14 sion of law, during the period beginning on the date of en15 actment of this Act and ending on the date that is 180 days

16 after such date, the United States District Court for the

17 Southern District of Connecticut shall have exclusive juris18 diction over any action to contest the constitutionality of

19 this Act or the validity of any agreement entered into under

20 the authority of this Act or approved by this Act.

21 (b) DEADLINE FOR FILING.—Effective with the termi22 nation of the period specified in subsection (a), no court

23 shall have jurisdiction over any action to contest the con24 stitutionality of this Act or the validity of any agreement

25 entered into under the authority of this Act or approved
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1 by this Act, unless such action was filed prior to the date

2 of termination of the period specified in subsection (a).

Attest:

Secretary.
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