II

103D CONGRESS

2D SESSION S. 2329

To settle certain Indian land claims within the State of Connecticut, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 27 (legislative day, JULY 20), 1994

Mr. DODD (for himself and Mr. LIEBERMAN) introduced the following bill;

which was read twice and referred to the Committee on Indian Affairs

A BILL

To settle certain Indian land claims within the State of

Connecticut, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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

5 Connecticut Land Claims Settlement Act of 1994’’.

6 SEC. 2. FINDINGS AND PURPOSES.

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

8 (1) The Mohegan Tribe of Indians of Connecti9 cut received recognition by the United States pursu-
2

•S 2329 IS

1 ant to the administrative process under part 83 of

2 title 25 of the Code of Federal Regulations.

3 (2) The Mohegan Tribe of Indians of Connecti4 cut is the successor in interest to the aboriginal en5 tity known as the Mohegan Indian Tribe.

6 (3) The Mohegan Tribe has existed in the geo7 graphic area that is currently the State of Connecti8 cut for a long period preceding the colonial period of

9 the history of the United States.

10 (4) Certain lands were sequestered as tribal

11 lands by the Colony of Connecticut and subsequently

12 by the State of Connecticut.

13 (5) The Mohegan Tribe of Indians of Connecti14 cut v. State of Connecticut, et al. (Civil Action No.

15 H–77–434, pending before the United States Dis16 trict Court for the Southern District of Connecticut)

17 relates to the ownership of certain lands within the

18 State of Connecticut.

19 (6) Such action will likely result in economic

20 hardships for residents of the State of Connecticut

21 by encumbering the title to lands in the State, in22 cluding lands that are not currently the subject of

23 the action.

24 (7) The State of Connecticut and the Mohegan

25 Tribe have executed agreements for the purposes of
3

•S 2329 IS

1 resolving all disputes between the State of Connecti2 cut and the Mohegan Tribe and providing a settle3 ment for the action referred to in paragraph (5).

4 (8) In order to implement the agreements re5 ferred to in paragraphs (5) and (6) of section 3 that

6 address matters of jurisdiction with respect to cer7 tain offenses committed by and against members of

8 the Mohegan Tribe and other Indians in Indian

9 country and matters of gaming-related development,

10 it is necessary for the Congress to enact legislation.

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

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

13 from, and jurisdiction over, lands that will be

14 held in trust by the United States on behalf of

15 the Mohegan Tribe; and

16 (B) serve as the host community for the

17 gaming operations of the Mohegan Tribe.

18 (10) The town of Montville and the Mohegan

19 Tribe have entered into an agreement to resolve is20 sues extant between them and to establish the basis

21 for a cooperative government-to-government relation22 ship.

23 (b) PURPOSES.—The purposes of this Act are as

24 follows:
4

•S 2329 IS

1 (1) To facilitate the settlement of claims

2 against the State of Connecticut by the Mohegan

3 Tribe.

4 (2) To facilitate the removal of any encum5 brance to any title to land in the State of Connecti6 cut that would have resulted from the action re7 ferred to in subsection (a).

8 SEC. 3. DEFINITIONS.

9 As used in this Act:

10 (1) LANDS OR NATURAL RESOURCES.—The

11 term ‘‘lands or natural resources’’ means any real

12 property or natural resources, or any interest in or

13 right involving any real property or natural re14 sources, including any right or interest in minerals,

15 timber, or water, and any hunting or fishing rights.

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

17 Tribe’’ means the Mohegan Tribe of Indians of Con18 necticut, a tribe of American Indians recognized by

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

20 Code of Federal Regulations, and the State of Con21 necticut pursuant to section 47–59a(b) of the Con22 necticut General Statutes.

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

24 the Secretary of the Interior.
5

•S 2329 IS

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

2 of Connecticut.

3 (5) STATE AGREEMENT.—The term ‘‘State

4 Agreement’’ means the Agreement between the Mo5 hegan Tribe and the State of Connecticut, executed

6 on May 17, 1994, by the Governor of the State of

7 Connecticut and the Chief of the Mohegan Tribe,

8 that was filed with the Secretary of State of the

9 State of Connecticut.

10 (6) TOWN AGREEMENT.—The term ‘‘Town

11 Agreement’’ means the agreement executed on June

12 16, 1994, by the Mayor of the town of Montville and

13 the Chief of the Mohegan Tribe.

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

15 any sale, grant, lease, allotment, partition, or con16 veyance, any transaction the purpose of which is to

17 effect a sale, grant, lease, allotment, partition or

18 conveyance, or any event that results in a change of

19 possession or control of land or natural resources.

20 SEC. 4. ACTION BY SECRETARY.

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

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

23 time as the Secretary makes a determination that—

24 (1) in accordance with the Indian Gaming Reg25 ulatory Act (25 U.S.C. 2701 et seq.), the State of
6

•S 2329 IS

1 Connecticut has entered into a binding compact with

2 the Mohegan Tribe providing for class III tribal

3 gaming operations (as defined in section 4(8) of

4 such Act (25 U.S.C. 2703(8));

5 (2) the compact has been approved by the Sec6 retary pursuant to section 11(d)(8) of such Act (25

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

8 (3) pursuant to transfers carried out pursuant

9 to the State Agreement, the United States holds title

10 to lands described in exhibit B of the State Agree11 ment in trust for the Mohegan Tribe to be used as

12 the initial Indian reservation of the Mohegan Tribe.

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

14 makes a determination under subsection (a) that the con15 ditions specified in paragraphs (1) through (3) of that

16 subsection have been met, the Secretary shall publish the

17 determination, together with the State Agreement, in the

18 Federal Register.

19 (c) EFFECT OF PUBLICATION.—

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

21 determination and the State Agreement in the Fed22 eral Register pursuant to subsection (b), a transfer,

23 waiver, release, relinquishment, or other commitment

24 made by the Mohegan Tribe in accordance with the
7

•S 2329 IS

1 terms and conditions of the State Agreement shall

2 be in full force and effect.

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

4 The United States hereby approves any transfer,

5 waiver, release, relinquishment, or other commitment

6 carried out pursuant to paragraph (1).

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

8 shall be deemed to have been made in accordance

9 with all provisions of Federal law that specifically

10 apply to transfers of lands or natural resources

11 from, by, or on behalf of an Indian, Indian nation,

12 or tribe of Indians (including the Act popularly

13 known as the ‘‘Trade and Intercourse Act of 1790’’;

14 section 4 of the Act of July 22, 1790 (1 Stat. 137,

15 chapter 33)). The approval of the United States

16 made pursuant to subparagraph (A) shall apply to

17 the transfer beginning on the date of the transfer.

18 (d) EXTINGUISHMENT OF CLAIMS.—

19 (1) IN GENERAL.—Subject to subsection (g)

20 and paragraph (3), the following claims are hereby

21 extinguished:

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

23 Connecticut based upon aboriginal title by the

24 Mohegan Tribe or any predecessor or successor

25 in interest of the Mohegan Tribe.
8

•S 2329 IS

1 (B) Any other claim that the Mohegan

2 Tribe may have with respect to any public or

3 private lands or natural resources in Connecti4 cut, including any claim or right based on rec5 ognized title, including—

6 (i) any claim the Mohegan Tribe may

7 have to the tribal sequestered lands bound8 ed out to the Tribe in 1684, consisting of

9 some 20,480 acres lying between the

10 Thames River, New London bounds, Nor11 wich bounds and Colchester bounds;

12 (ii) any claim the Mohegan Tribe may

13 have based on a survey conducted under

14 the authority of the Connecticut General

15 Assembly in 1736 of lands reserved and se16 questered by the General Assembly for the

17 sole use and improvement of the Mohegan

18 Indian Tribe; and

19 (iii) any claim the Mohegan Tribe

20 may have based on any action by the State

21 carried out in 1860 or 1861 or otherwise

22 made by the State to allot, reallot, or con23 firm any lands of the Mohegan Tribe to in24 dividual Indians or other persons.
9

•S 2329 IS

1 (2) APPROVAL BY THE UNITED STATES.—An

2 extinguishment made pursuant to this subsection

3 shall be deemed to have been made in accordance

4 with all provisions of Federal law that specifically

5 apply to transfers of lands or natural resources

6 from, by, or on behalf of an Indian, Indian nation,

7 or tribe of Indians (including the Act popularly

8 known as the ‘‘Trade and Intercourse Act of 1790’’;

9 section 4 of the Act of July 22, 1790 (1 Stat. 137,

10 chapter 33)).

11 (e) TRANSFERS.—Subject to subsection (g), any

12 transfer of lands or natural resources located within the

13 State of Connecticut, including any such transfer made

14 pursuant to any applicable Federal or State law (including

15 any applicable treaty), made by, from, or on behalf of the

16 Mohegan Tribe or any predecessor or successor in interest

17 of the Mohegan Tribe shall be deemed to be in full force

18 and effect, as provided in subsection (c)(1).

19 (f) LIMITATION.—

20 (1) IN GENERAL.—Except as provided in para21 graph (2) and subject to subsection (g), by virtue of

22 the approval by the United States under this section

23 of a transfer of land or the extinguishment of ab24 original title, any claim by the Mohegan Tribe

25 against the United States, any State or political sub-
10

•S 2329 IS

1 division of a State, or any other person or entity, by

2 the Mohegan Tribe, that—

3 (A) arises after the transfer or extinguish4 ment is carried out; and

5 (B) is based on any interest in or right in6 volving any claim to lands or natural resources

7 described in this section, including claims for

8 trespass damages or claims for use and occu9 pancy,

10 shall, beginning on the date of the transfer of land

11 or the extinguishment of aboriginal title, be consid12 ered an extinguished claim.

13 (2) EXCEPTION.—The limitation under para14 graph (1) shall not apply to any interest in lands or

15 natural resources that is lawfully acquired by the

16 Mohegan Tribe or a member of the Mohegan Tribe

17 after the applicable date specified in paragraph (1).

18 (g) STATUTORY CONSTRUCTION.—

19 (1) ABORIGINAL INTERESTS.—Nothing in this

20 section may be construed to extinguish any aborigi21 nal right, title, interest, or claim to lands on natural

22 resources, to the extent that such right, title, inter23 est, or claim that is defined as an excepted interest

24 under section 1(a) of the State Agreement.
11

•S 2329 IS

1 (2) PERSONAL CLAIMS.—Nothing in this sec2 tion may be construed to offset or eliminate the per3 sonal claim of any individual Indian if the individual

4 Indian pursues such claim under any law of general

5 applicability.

6 SEC. 5. CONVEYANCE OF LANDS TO THE UNITED STATES

7 TO BE HELD IN TRUST FOR THE MOHEGAN

8 TRIBE.

9 (a) IN GENERAL.—The Secretary shall take such ac10 tion as may be necessary to facilitate the conveyance to

11 the United States of title to lands described in exhibits

12 A and B of the State Agreement. Such lands shall be held

13 by the United States in trust for the use and benefit of

14 the Mohegan Tribe as the initial Indian reservation of the

15 Mohegan Tribe.

16 (b) CONSULTATION.—

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

18 with the appropriate official of the town of Montville

19 concerning any tract of land subject to exhibit B of

20 the State Agreement but not specifically identified in

21 such exhibit with respect to the impact on the town

22 resulting from—

23 (A) the removal of the land from taxation

24 by the town;
12

•S 2329 IS

1 (B) problems concerning the determination

2 of jurisdiction; and

3 (C) potential land use conflicts.

4 (2) STATUTORY CONSTRUCTION.—Nothing in

5 this Act may affect the right of the town of

6 Montville to participate, under any applicable law, in

7 decisionmaking processes concerning the acquisition

8 of any lands by the Federal Government to be held

9 in trust for the Mohegan Tribe.

10 SEC. 6. RATIFICATION OF STATE AGREEMENT.

11 The consent of the United States is hereby given to

12 the following provisions of the State Agreement:

13 (1) Subsections (c) and (d) of section 1, relat14 ing to the location of any tribal gaming operation

15 and the conditions of gaming-related development.

16 (2) Section 1(f), relating to payments on real

17 property.

18 (3) Section 1(g), relating to matters of criminal

19 jurisdiction.

20 (4) Section 1(h), relating to gaming-related

21 traffic control jurisdiction.

22 SEC. 7. RATIFICATION OF TOWN AGREEMENT.

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of law, the Mohegan Tribe is authorized to make pay25 ments to the town of Montville in accordance with the
13

•S 2329 IS

1 terms of the Town Agreement, subject to modification by

2 mutual agreement of the parties to the Town Agreement.

3 (b) APPROVAL OF TOWN AGREEMENT.—Notwith4 standing any other provision of law—

5 (1) as soon as practicable after the date of en6 actment of this Act, the Secretary shall approve the

7 Town Agreement; and

8 (2) the Secretary shall approve any subsequent

9 amendments made to the agreement by both the

10 town of Montville and the Mohegan Tribe.

11 SEC. 8. GENERAL DISCHARGE AND RELEASE OF STATE OF

12 CONNECTICUT.

13 Except as expressly provided in this Act, the State

14 Agreement, or the Town Agreement, this Act shall con15 stitute a general discharge and release of all obligations

16 of the State of Connecticut and the political subdivisions,

17 agencies, departments, officers, or employees of the State

18 of Connecticut arising from any treaty or agreement with,

19 or on behalf of, the Mohegan Tribe or the United States

20 as trustee for the Mohegan Tribe.

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

22 (a) IN GENERAL.—If the State Agreement is invali23 dated, or if the gaming compact described in section

24 4(a)(1) or any agreement between the State of Connecti-
14

•S 2329 IS

1 cut and the Mohegan Tribe to implement the compact is

2 invalidated by a court of competent jurisdiction—

3 (1) the transfers, waivers, releases,

4 relinquishments, and other commitments made by

5 the Mohegan Tribe under section 1(a) of the State

6 Agreement shall cease to be of any force or effect;

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

8 lands, interest in lands or natural resources of the

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

10 to the lands or interests in lands or natural re11 sources shall be determined as if such section were

12 never enacted; and

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

14 transfers and the extinguishment of claims and ab15 original title of the Mohegan Tribe otherwise made

16 under section 4 shall be void.

17 (b) RIGHT OF MOHEGAN TRIBE TO REINSTATE

18 CLAIM.—

19 (1) IN GENERAL.—If a State Agreement or

20 compact or agreement described in subsection (a) is

21 invalidated by a court of competent jurisdiction, the

22 Mohegan Tribe or its members shall have the right

23 to reinstate a claim to lands or interests in lands or

24 natural resources to which the Tribe or members are
15

•S 2329 IS

1 entitled as a result of the invalidation, within a rea2 sonable time, but not later than the later of—

3 (A) 180 days after the Mohegan Tribe re4 ceives written notice of such determination of

5 an invalidation described in subsection (a); or

6 (B) if the determination of the invalidation

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

8 of last resort enters a judgment.

9 (2) DEFENSES.—Notwithstanding any other

10 provision of law, if a party to an action described in

11 paragraph (1) reinstates the action during the pe12 riod described in paragraph (1)(B)—

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

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

15 prior disposition may be asserted based on the

16 withdrawal of the action and reinstatement of

17 the action; and

18 (B) the substance of any discussions lead19 ing to the State Agreement may not be admissi20 ble in any subsequent litigation, except that, if

21 any such action is reinstated, any defense that

22 would have been available to the State of Con23 necticut at the time the action was with24 drawn—

25 (i) may be asserted; and
16

•S 2329 IS

1 (ii) is not waived by anything in the

2 State Agreement or by subsequent events

3 occurring between the withdrawal action

4 and commencement of the reinstated ac5 tion.

6 SEC. 10. JUDICIAL REVIEW.

7 (a) JURISDICTION.—Notwithstanding any other pro8 vision of law, during the period beginning on the date of

9 enactment of this Act and ending on the date that is 180

10 days after such date, the United States District Court for

11 the Southern District of Connecticut shall have exclusive

12 jurisdiction over any action to contest the constitutionality

13 of this Act or the validity of any agreement entered into

14 under the authority of this Act or approved by this Act.

15 (b) DEADLINE FOR FILING.—Effective with the ter16 mination of the period specified in subsection (a), no court

17 shall have jurisdiction over any action to contest the con18 stitutionality of this Act or the validity of any agreement

19 entered into under the authority of this Act or approved

20 by this Act, unless such action was filed prior to the date

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

Æ

S 2329 IS——2