Calendar No. 576

103D CONGRESS

2D SESSION S. 2329

[Report No. 103–339]

A BILL

State of Connecticut, and for other purposes.

To settle certain Indian land claims within the

AUGUST 17 (legislative day, AUGUST 11), 1994

Reported with an amendment
II

Calendar No. 576

103D CONGRESS

2D SESSION S. 2329

[Report No. 103–339]

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

AUGUST 17 (legislative day, AUGUST 11), 1994

Reported by Mr. INOUYE, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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’’.
2

•S 2329 RS

1 SEC. 2. FINDINGS AND PURPOSES.

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

3 (1) The Mohegan Tribe of Indians of Connecti4 cut received recognition by the United States pursu5 ant to the administrative process under part 83 of

6 title 25 of the Code of Federal Regulations.

7 (2) The Mohegan Tribe of Indians of Connecti8 cut is the successor in interest to the aboriginal en9 tity known as the Mohegan Indian Tribe.

10 (3) The Mohegan Tribe has existed in the geo11 graphic area that is currently the State of Connecti12 cut for a long period preceding the colonial period of

13 the history of the United States.

14 (4) Certain lands were sequestered as tribal

15 lands by the Colony of Connecticut and subsequently

16 by the State of Connecticut.

17 (5) The Mohegan Tribe of Indians of Connecti18 cut v. State of Connecticut, et al. (Civil Action No.

19 H–77–434, pending before the United States Dis20 trict Court for the Southern District of Connecticut)

21 relates to the ownership of certain lands within the

22 State of Connecticut.

23 (6) Such action will likely result in economic

24 hardships for residents of the State of Connecticut

25 by encumbering the title to lands in the State, in-
3

•S 2329 RS

1 cluding lands that are not currently the subject of

2 the action.

3 (7) The State of Connecticut and the Mohegan

4 Tribe have executed agreements for the purposes of

5 resolving all disputes between the State of Connecti6 cut and the Mohegan Tribe and providing a settle7 ment for the action referred to in paragraph (5).

8 (8) In order to implement the agreements re9 ferred to in paragraphs (5) and (6) of section 3 that

10 address matters of jurisdiction with respect to cer11 tain offenses committed by and against members of

12 the Mohegan Tribe and other Indians in Indian

13 country and matters of gaming-related development,

14 it is necessary for the Congress to enact legislation.

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

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

17 from, and jurisdiction over, lands that will be

18 held in trust by the United States on behalf of

19 the Mohegan Tribe; and

20 (B) serve as the host community for the

21 gaming operations of the Mohegan Tribe.

22 (10) The town of Montville and the Mohegan

23 Tribe have entered into an agreement to resolve is24 sues extant between them and to establish the basis
4

•S 2329 RS

1 for a cooperative government-to-government relation2 ship.

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

4 follows:

5 (1) To facilitate the settlement of claims

6 against the State of Connecticut by the Mohegan

7 Tribe.

8 (2) To facilitate the removal of any encum9 brance to any title to land in the State of Connecti10 cut that would have resulted from the action re11 ferred to in subsection (a).

12 SEC. 3. DEFINITIONS.

13 As used in this Act:

14 (1) LANDS OR NATURAL RESOURCES.—The

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

16 property or natural resources, or any interest in or

17 right involving any real property or natural re18 sources, including any right or interest in minerals,

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

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

21 Tribe’’ means the Mohegan Tribe of Indians of Con22 necticut, a tribe of American Indians recognized by

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

24 Code of Federal Regulations, and the State of Con-
5

•S 2329 RS

1 necticut pursuant to section 47–59a(b) of the Con2 necticut General Statutes.

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

4 the Secretary of the Interior.

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

6 of Connecticut.

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

8 Agreement’’ means the Agreement between the Mo9 hegan Tribe and the State of Connecticut, executed

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

11 Connecticut and the Chief of the Mohegan Tribe,

12 that was filed with the Secretary of State of the

13 State of Connecticut.

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

15 Agreement’’ means the agreement executed on June

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

17 the Chief of the Mohegan Tribe.

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

19 any sale, grant, lease, allotment, partition, or con20 veyance, any transaction the purpose of which is to

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

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

23 possession or control of land or natural resources.
6

•S 2329 RS

1 SEC. 4. ACTION BY SECRETARY.

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

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

4 time as the Secretary makes a determination that—

5 (1) in accordance with the Indian Gaming Reg6 ulatory Act (25 U.S.C. 2701 et seq.), the State of

7 Connecticut has entered into a binding compact with

8 the Mohegan Tribe providing for class III tribal

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

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

11 (2) the compact has been approved by the Sec12 retary pursuant to section 11(d)(8) of such Act (25

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

14 (3) pursuant to transfers carried out pursuant

15 to the State Agreement, the United States holds title

16 to lands described in exhibit B of the State Agree17 ment in trust for the Mohegan Tribe to be used as

18 the initial Indian reservation of the Mohegan Tribe.

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

20 makes a determination under subsection (a) that the con21 ditions specified in paragraphs (1) through (3) of that

22 subsection have been met, the Secretary shall publish the

23 determination, together with the State Agreement, in the

24 Federal Register.

25 (c) EFFECT OF PUBLICATION.—
7

•S 2329 RS

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

2 determination and the State Agreement in the Fed3 eral Register pursuant to subsection (b), a transfer,

4 waiver, release, relinquishment, or other commitment

5 made by the Mohegan Tribe in accordance with the

6 terms and conditions of the State Agreement shall

7 be in full force and effect.

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

9 The United States hereby approves any transfer,

10 waiver, release, relinquishment, or other commitment

11 carried out pursuant to paragraph (1).

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

13 shall be deemed to have been made in accordance

14 with all provisions of Federal law that specifically

15 apply to transfers of lands or natural resources

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

17 or tribe of Indians (including the Act popularly

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

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

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

21 made pursuant to subparagraph (A) shall apply to

22 the transfer beginning on the date of the transfer.

23 (d) EXTINGUISHMENT OF CLAIMS.—
8

•S 2329 RS

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

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

3 extinguished:

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

5 Connecticut based upon aboriginal title by the

6 Mohegan Tribe or any predecessor or successor

7 in interest of the Mohegan Tribe.

8 (B) Any other claim that the Mohegan

9 Tribe may have with respect to any public or

10 private lands or natural resources in Connecti11 cut, including any claim or right based on rec12 ognized title, including—

13 (i) any claim the Mohegan Tribe may

14 have to the tribal sequestered lands bound15 ed out to the Tribe in 1684, consisting of

16 some 20,480 acres lying between the

17 Thames River, New London bounds, Nor18 wich bounds and Colchester bounds;

19 (ii) any claim the Mohegan Tribe may

20 have based on a survey conducted under

21 the authority of the Connecticut General

22 Assembly in 1736 of lands reserved and se23 questered by the General Assembly for the

24 sole use and improvement of the Mohegan

25 Indian Tribe; and
9

•S 2329 RS

1 (iii) any claim the Mohegan Tribe

2 may have based on any action by the State

3 carried out in 1860 or 1861 or otherwise

4 made by the State to allot, reallot, or con5 firm any lands of the Mohegan Tribe to in6 dividual Indians or other persons.

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

8 extinguishment made pursuant to this subsection

9 shall be deemed to have been made in accordance

10 with all provisions of Federal law that specifically

11 apply to transfers of lands or natural resources

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

13 or tribe of Indians (including the Act popularly

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

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

16 chapter 33)).

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

18 transfer of lands or natural resources located within the

19 State of Connecticut, including any such transfer made

20 pursuant to any applicable Federal or State law (including

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

22 Mohegan Tribe or any predecessor or successor in interest

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

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

25 (f) LIMITATION.—
10

•S 2329 RS

1 (1) IN GENERAL.—Except as provided in para2 graph (2) and subject to subsection (g), by virtue of

3 the approval by the United States under this section

4 of a transfer of land or the extinguishment of ab5 original title, any claim by the Mohegan Tribe

6 against the United States, any State or political sub7 division of a State, or any other person or entity, by

8 the Mohegan Tribe, that—

9 (A) arises after the transfer or extinguish10 ment is carried out; and

11 (B) is based on any interest in or right in12 volving any claim to lands or natural resources

13 described in this section, including claims for

14 trespass damages or claims for use and occu15 pancy,

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

17 or the extinguishment of aboriginal title, be consid18 ered an extinguished claim.

19 (2) EXCEPTION.—The limitation under para20 graph (1) shall not apply to any interest in lands or

21 natural resources that is lawfully acquired by the

22 Mohegan Tribe or a member of the Mohegan Tribe

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

24 (g) STATUTORY CONSTRUCTION.—
11

•S 2329 RS

1 (1) ABORIGINAL INTERESTS.—Nothing in this

2 section may be construed to extinguish any aborigi3 nal right, title, interest, or claim to lands on natural

4 resources, to the extent that such right, title, inter5 est, or claim that is defined as an excepted interest

6 under section 1(a) of the State Agreement.

7 (2) PERSONAL CLAIMS.—Nothing in this sec8 tion may be construed to offset or eliminate the per9 sonal claim of any individual Indian if the individual

10 Indian pursues such claim under any law of general

11 applicability.

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

13 TO BE HELD IN TRUST FOR THE MOHEGAN

14 TRIBE.

15 (a) IN GENERAL.—The Secretary shall take such ac16 tion as may be necessary to facilitate the conveyance to

17 the United States of title to lands described in exhibits

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

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

20 the Mohegan Tribe as the initial Indian reservation of the

21 Mohegan Tribe.

22 (b) CONSULTATION.—

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

24 with the appropriate official of the town of Montville

25 concerning any tract of land subject to exhibit B of
12

•S 2329 RS

1 the State Agreement but not specifically identified in

2 such exhibit with respect to the impact on the town

3 resulting from—

4 (A) the removal of the land from taxation

5 by the town;

6 (B) problems concerning the determination

7 of jurisdiction; and

8 (C) potential land use conflicts.

9 (2) STATUTORY CONSTRUCTION.—Nothing in

10 this Act may affect the right of the town of

11 Montville to participate, under any applicable law, in

12 decisionmaking processes concerning the acquisition

13 of any lands by the Federal Government to be held

14 in trust for the Mohegan Tribe.

15 SEC. 6. RATIFICATION OF STATE AGREEMENT.

16 The consent of the United States is hereby given to

17 the following provisions of the State Agreement:

18 (1) Subsections (c) and (d) of section 1, relat19 ing to the location of any tribal gaming operation

20 and the conditions of gaming-related development.

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

22 property.

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

24 jurisdiction.
13

•S 2329 RS

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

2 traffic control jurisdiction.

3 SEC. 7. RATIFICATION OF TOWN AGREEMENT.

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, the Mohegan Tribe is authorized to make pay6 ments to the town of Montville in accordance with the

7 terms of the Town Agreement, subject to modification by

8 mutual agreement of the parties to the Town Agreement.

9 (b) APPROVAL OF TOWN AGREEMENT.—Notwith10 standing any other provision of law—

11 (1) as soon as practicable after the date of en12 actment of this Act, the Secretary shall approve the

13 Town Agreement; and

14 (2) the Secretary shall approve any subsequent

15 amendments made to the agreement by both the

16 town of Montville and the Mohegan Tribe.

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

18 CONNECTICUT.

19 Except as expressly provided in this Act, the State

20 Agreement, or the Town Agreement, this Act shall con21 stitute a general discharge and release of all obligations

22 of the State of Connecticut and the political subdivisions,

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

24 of Connecticut arising from any treaty or agreement with,
14

•S 2329 RS

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

2 as trustee for the Mohegan Tribe.

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

4 (a) IN GENERAL.—If the State Agreement is invali5 dated, or if the gaming compact described in section

6 4(a)(1) or any agreement between the State of Connecti7 cut and the Mohegan Tribe to implement the compact is

8 invalidated by a court of competent jurisdiction—

9 (1) the transfers, waivers, releases,

10 relinquishments, and other commitments made by

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

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

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

14 lands, interest in lands or natural resources of the

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

16 to the lands or interests in lands or natural re17 sources shall be determined as if such section were

18 never enacted; and

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

20 transfers and the extinguishment of claims and ab21 original title of the Mohegan Tribe otherwise made

22 under section 4 shall be void.

23 (b) RIGHT OF MOHEGAN TRIBE TO REINSTATE

24 CLAIM.—
15

•S 2329 RS

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

2 compact or agreement described in subsection (a) is

3 invalidated by a court of competent jurisdiction, the

4 Mohegan Tribe or its members shall have the right

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

6 natural resources to which the Tribe or members are

7 entitled as a result of the invalidation, within a rea8 sonable time, but not later than the later of—

9 (A) 180 days after the Mohegan Tribe re10 ceives written notice of such determination of

11 an invalidation described in subsection (a); or

12 (B) if the determination of the invalidation

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

14 of last resort enters a judgment.

15 (2) DEFENSES.—Notwithstanding any other

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

17 paragraph (1) reinstates the action during the pe18 riod described in paragraph (1)(B)—

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

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

21 prior disposition may be asserted based on the

22 withdrawal of the action and reinstatement of

23 the action; and

24 (B) the substance of any discussions lead25 ing to the State Agreement may not be admissi-
16

•S 2329 RS

1 ble in any subsequent litigation, except that, if

2 any such action is reinstated, any defense that

3 would have been available to the State of Con4 necticut at the time the action was with5 drawn—

6 (i) may be asserted; and

7 (ii) is not waived by anything in the

8 State Agreement or by subsequent events

9 occurring between the withdrawal action

10 and commencement of the reinstated ac11 tion.

12 SEC. 10. JUDICIAL REVIEW.

13 (a) JURISDICTION.—Notwithstanding any other pro14 vision of law, during the period beginning on the date of

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

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

17 the Southern District of Connecticut shall have exclusive

18 jurisdiction over any action to contest the constitutionality

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

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

21 (b) DEADLINE FOR FILING.—Effective with the ter22 mination 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
17

•S 2329 RS

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

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Mohegan Nation of Con5 necticut 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 Connecticut

9 received recognition by the United States pursuant to

10 the administrative process under part 83 of title 25

11 of the Code of Federal Regulations.

12 (2) The Mohegan Tribe of Indians of Connecticut

13 is the successor in interest to the aboriginal entity

14 known as the Mohegan Indian Tribe.

15 (3) The Mohegan Tribe has existed in the geo16 graphic area that is currently the State of Connecti17 cut for a long period preceding the colonial period of

18 the history of the United States.

19 (4) Certain lands were sequestered as tribal

20 lands by the Colony of Connecticut and subsequently

21 by the State of Connecticut.

22 (5) The Mohegan Tribe of Indians of Connecticut

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

24 77–434, pending before the United States District

25 Court for the Southern District of Connecticut) relates
18

•S 2329 RS

1 to the ownership of certain lands within the State of

2 Connecticut.

3 (6) Such action will likely result in economic

4 hardships for residents of the State of Connecticut, in5 cluding residents of the town of Montville, Connecti6 cut, by encumbering the title to lands in the State, in7 cluding lands that are not currently the subject of the

8 action.

9 (7) The State of Connecticut and the Mohegan

10 Tribe have executed agreements for the purposes of re11 solving all disputes between the State of Connecticut

12 and the Mohegan Tribe and providing a settlement

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

14 (8) In order to implement the agreements re15 ferred to in paragraphs (5) and (6) of section 3 that

16 address matters of jurisdiction with respect to certain

17 offenses committed by and against members of the

18 Mohegan Tribe and other Indians in Indian country

19 and matters of gaming-related development, it is nec20 essary for the Congress to enact legislation.

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

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

23 from, and jurisdiction over, lands that will be

24 held in trust by the United States on behalf of

25 the Mohegan Tribe; and
19

•S 2329 RS

1 (B) serve as the host community for the

2 gaming operations of the Mohegan Tribe.

3 (10) The town of Montville and the Mohegan

4 Tribe have entered into an agreement to resolve issues

5 extant between them and to establish the basis for a

6 cooperative government-to-government relationship.

7 (b) PURPOSES.—The purposes of this Act are as fol8 lows:

9 (1) To facilitate the settlement of claims against

10 the State of Connecticut by the Mohegan Tribe.

11 (2) To facilitate the removal of any encumbrance

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

13 would have resulted from the action referred to in

14 subsection (a).

15 SEC. 3. DEFINITIONS.

16 As used in this Act:

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

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

19 or natural resources, or any interest in or right in20 volving any real property or natural resources, in21 cluding any right or interest in minerals, timber, or

22 water, and any hunting or fishing rights.

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

24 Tribe’’ means the Mohegan Tribe of Indians of Con25 necticut, a tribe of American Indians recognized by
20

•S 2329 RS

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

2 Code of Federal Regulations, and the State of Con3 necticut pursuant to section 47–59a(b) of the Con4 necticut General Statutes.

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

6 the Secretary of the Interior.

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

8 of Connecticut.

9 (5) STATE AGREEMENT.—The term ‘‘State Agree10 ment’’ means the Agreement between the Mohegan

11 Tribe and the State of Connecticut, executed on May

12 17, 1994, by the Governor of the State of Connecticut

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

14 with the Secretary of State of the State of Connecti15 cut.

16 (6) TOWN AGREEMENT.—The term ‘‘Town Agree17 ment’’ means the agreement executed on June 16,

18 1994, by the Mayor of the town of Montville and the

19 Chief of the Mohegan Tribe.

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

21 any sale, grant, lease, allotment, partition, or convey22 ance, any transaction the purpose of which is to effect

23 a sale, grant, lease, allotment, partition, or convey24 ance, or any event that results in a change of posses25 sion or control of land or natural resources.
21

•S 2329 RS

1 SEC. 4. ACTION BY SECRETARY.

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

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

4 as the Secretary makes a determination that—

5 (1) in accordance with the Indian Gaming Reg6 ulatory Act (25 U.S.C. 2701 et seq.), the State of Con7 necticut has entered into a binding compact with the

8 Mohegan Tribe providing for class III tribal gaming

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

10 U.S.C. 2703(8)));

11 (2) the compact has been approved by the Sec12 retary pursuant to section 11(d)(8) of such Act (25

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

14 (3) pursuant to transfers carried out pursuant to

15 the State Agreement, the United States holds title to

16 lands described in exhibit B of the State Agreement

17 in trust for the Mohegan Tribe to be used as the ini18 tial Indian reservation of the Mohegan Tribe.

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

20 makes a determination under subsection (a) that the condi21 tions specified in paragraphs (1) through (3) of that sub22 section have been met, the Secretary shall publish the deter23 mination, together with the State Agreement, in the Federal

24 Register.

25 (c) EFFECT OF PUBLICATION.—
22

•S 2329 RS

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

2 determination and the State Agreement in the Fed3 eral Register pursuant to subsection (b), a transfer,

4 waiver, release, relinquishment, or other commitment

5 made by the Mohegan Tribe in accordance with the

6 terms and conditions of the State Agreement shall be

7 in full force and effect.

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

9 The United States hereby approves any transfer,

10 waiver, release, relinquishment, or other commitment

11 carried out pursuant to paragraph (1).

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

13 shall be deemed to have been made in accordance with

14 all provisions of Federal law that specifically apply

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

16 on behalf of an Indian, Indian nation, or tribe of In17 dians (including the Act popularly known as the

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

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

20 approval of the United States made pursuant to sub21 paragraph (A) shall apply to the transfer beginning

22 on the date of the transfer.

23 (d) EXTINGUISHMENT OF CLAIMS.—

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

25 and (g), the following claims are hereby extinguished:
23

•S 2329 RS

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

2 Connecticut based upon aboriginal title by the

3 Mohegan Tribe.

4 (B) Any other claim that the Mohegan

5 Tribe may have with respect to any public or

6 private lands or natural resources in Connecti7 cut, including any claim or right based on recog8 nized title, including—

9 (i) any claim that the Mohegan Tribe

10 may have to the tribal sequestered lands

11 bounded out to the Tribe in 1684, consisting

12 of some 20,480 acres lying between the

13 Thames River, New London bounds, Nor14 wich bounds, and Colchester bounds;

15 (ii) any claim that the Mohegan Tribe

16 may have based on a survey conducted

17 under the authority of the Connecticut Gen18 eral Assembly in 1736 of lands reserved and

19 sequestered by the General Assembly for the

20 sole use and improvement of the Mohegan

21 Indian Tribe; and

22 (iii) any claim that the Mohegan Tribe

23 may have based on any action by the State

24 carried out in 1860 or 1861 or otherwise

25 made by the State to allot, reallot, or con-
24

•S 2329 RS

1 firm any lands of the Mohegan Tribe to in2 dividual Indians or other persons.

3 (2) APPROVAL BY THE UNITED STATES.—An ex4 tinguishment made pursuant to this subsection shall

5 be deemed to have been made in accordance with all

6 provisions of Federal law that specifically apply to

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

8 behalf of an Indian, Indian nation, or tribe of Indi9 ans (including the Act popularly known as the

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

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

12 (e) TRANSFERS.—Subject to subsection (g), any trans13 fer of lands or natural resources located within the State

14 of Connecticut, including any such transfer made pursuant

15 to any applicable Federal or State law (including any ap16 plicable treaty), made by, from, or on behalf of the Mohegan

17 Tribe or any predecessor or successor in interest of the Mo18 hegan Tribe shall be deemed to be in full force and effect,

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

20 (f) LIMITATION.—

21 (1) IN GENERAL.—Except as provided in para22 graph (2) and subject to subsection (g), by virtue of

23 the approval by the United States under this section

24 of a transfer of land or the extinguishment of aborigi25 nal title, any claim by the Mohegan Tribe against the
25

•S 2329 RS

1 United States, any State or political subdivision of a

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

3 Tribe, that—

4 (A) arises after the transfer or extinguish5 ment is carried out; and

6 (B) is based on any interest in or right in7 volving any claim to lands or natural resources

8 described in this section, including claims for

9 trespass damages or claims for use and occu10 pancy,

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

12 the extinguishment of aboriginal title, be considered

13 an extinguished claim.

14 (2) EXCEPTION.—The limitation under para15 graph (1) shall not apply to any interest in lands or

16 natural resources that is lawfully acquired by the Mo17 hegan Tribe or a member of the Mohegan Tribe after

18 the applicable date specified in paragraph (1).

19 (g) STATUTORY CONSTRUCTION.—

20 (1) ABORIGINAL INTERESTS.—Nothing in this

21 section may be construed to extinguish any aboriginal

22 right, title, interest, or claim to lands or natural re23 sources, to the extent that such right, title, interest, or

24 claim is an excepted interest, as defined under section

25 1(a) of the State Agreement.
26

•S 2329 RS

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

2 may be construed to offset or eliminate the personal

3 claim of any individual Indian if the individual In4 dian pursues such claim under any law of general

5 applicability.

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

7 BE HELD IN TRUST FOR THE MOHEGAN

8 TRIBE.

9 (a) IN GENERAL.—Subject to the environmental re10 quirements that apply to land acquisitions covered under

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

12 subsequent similar regulation), the Secretary shall take such

13 action as may be necessary to facilitate the conveyance to

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

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

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

17 Mohegan Tribe as the initial Indian reservation of the Mo18 hegan Tribe.

19 (b) CONSULTATION.—

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

21 with the appropriate official of the town of Montville

22 concerning any tract of land subject to exhibit B of

23 the State Agreement but not specifically identified in

24 such exhibit with respect to the impact on the town

25 resulting from—
27

•S 2329 RS

1 (A) the removal of the land from taxation

2 by the town;

3 (B) problems concerning the determination

4 of jurisdiction; and

5 (C) potential land use conflicts.

6 (2) STATUTORY CONSTRUCTION.—Nothing in this

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

8 participate, under any applicable law, in decision9 making processes concerning the acquisition of any

10 lands by the Federal Government to be held in trust

11 for the Mohegan Tribe.

12 SEC. 6. CONSENT OF UNITED STATES TO STATE ASSUMP13 TION OF CRIMINAL JURISDICTION.

14 (a) IN GENERAL.—Subject to subsection (b), the con15 sent of the United States is hereby given to the assumption

16 of jurisdiction by the State of Connecticut over criminal

17 offenses committed by or against Indians on the reservation

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

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

20 offenses committed elsewhere within the State. The criminal

21 laws of the State shall have the same force within such res22 ervation and Indian country as such laws have elsewhere

23 within the State.

24 (b) STATUTORY CONSTRUCTION.—
28

•S 2329 RS

1 (1) EFFECT ON CONCURRENT JURISDICTION OF

2 THE MOHEGAN TRIBE.—The assumption of criminal

3 jurisdiction by the State pursuant to subsection (a)

4 shall not affect the concurrent jurisdiction of the Mo5 hegan Tribe over matters concerning such criminal of6 fenses.

7 (2) STATUTORY CONSTRUCTION.—The assump8 tion of criminal jurisdiction by the State pursuant to

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

10 the jurisdiction of the United States under section

11 1153 of title 18, United States Code.

12 SEC. 7. RATIFICATION OF TOWN AGREEMENT.

13 (a) IN GENERAL.—Notwithstanding any other provi14 sion of law, the consent of the United States is hereby given

15 to the Town Agreement and the Town Agreement shall be

16 in full force and effect.

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

18 shall approve any subsequent amendments made to the

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

20 are—

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

22 Town Agreement; and

23 (2) consistent with applicable law.
29

•S 2329 RS

1 SEC. 8. GENERAL DISCHARGE AND RELEASE OF OBLIGA2 TIONS OF STATE OF CONNECTICUT.

3 Except as expressly provided in this Act, the State

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

5 a general discharge and release of all obligations of the

6 State of Connecticut and the political subdivisions, agen7 cies, departments, officers, or employees of the State of Con8 necticut arising from any treaty or agreement with, or on

9 behalf of, the Mohegan Tribe or the United States as trustee

10 for the Mohegan Tribe.

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

12 (a) IN GENERAL.—If, during the 15-year period begin13 ning on the date on which the Secretary publishes a deter14 mination pursuant to section 4(b), the State Agreement is

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

16 gaming compact described in section 4(a)(1) or any agree17 ment between the State of Connecticut and the Mohegan

18 Tribe to implement the compact is invalidated by a court

19 of competent jurisdiction—

20 (1) the transfers, waivers, releases,

21 relinquishments, and other commitments made by the

22 Mohegan Tribe under section 1(a) of the State Agree23 ment shall cease to be of any force or effect;

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

25 lands or interests in lands or natural resources of the

26 Mohegan Tribe or any of its members, and the title
30

•S 2329 RS

1 to the lands or interests in lands or natural resources

2 shall be determined as if such section were never en3 acted; and

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

5 transfers and the extinguishment of claims and ab6 original title of the Mohegan Tribe otherwise made

7 under section 4 shall be void.

8 (b) RIGHT OF MOHEGAN TRIBE TO REINSTATE

9 CLAIM.—

10 (1) IN GENERAL.—If a State Agreement or com11 pact or agreement described in subsection (a) is in12 validated by a court of competent jurisdiction, the

13 Mohegan Tribe or its members shall have the right to

14 reinstate a claim to lands or interests in lands or

15 natural resources to which the Tribe or members are

16 entitled as a result of the invalidation, within a rea17 sonable time, but not later than the later of—

18 (A) 180 days after the Mohegan Tribe re19 ceives written notice of such determination of an

20 invalidation described in subsection (a); or

21 (B) if the determination of the invalidation

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

23 of last resort enters a judgment.

24 (2) DEFENSES.—Notwithstanding any other pro25 vision of law, if a party to an action described in
31

•S 2329 RS

1 paragraph (1) reinstates the action during the period

2 described in paragraph (1)(B)—

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

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

5 prior disposition may be asserted based on the

6 withdrawal of the action and reinstatement of

7 the action; and

8 (B) the substance of any discussions leading

9 to the State Agreement may not be admissible in

10 any subsequent litigation, except that, if any

11 such action is reinstated, any defense that would

12 have been available to the State of Connecticut at

13 the time the action was withdrawn—

14 (i) may be asserted; and

15 (ii) is not waived by anything in the

16 State Agreement or by subsequent events oc17 curring between the withdrawal action and

18 commencement of the reinstated action.

19 SEC. 10. JUDICIAL REVIEW.

20 (a) JURISDICTION.—Notwithstanding any other provi21 sion of law, during the period beginning on the date of en22 actment of this Act and ending on the date that is 180 days

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

24 Southern District of Connecticut shall have exclusive juris25 diction over any action to contest the constitutionality of
32

•S 2329 RS

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

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

3 (b) DEADLINE FOR FILING.—Effective with the termi4 nation of the period specified in subsection (a), no court

5 shall have jurisdiction over any action to contest the con6 stitutionality of this Act or the validity of any agreement

7 entered into under the authority of this Act or approved

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

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

S 2329 RS——2

S 2329 RS——3