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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4653 Engrossed Amendment Senate (EAS)]

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:

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).

            Attest:

                                                             Secretary.

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