In the Senate of the United States,
October 3 (legislative day, September 12), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 4653) entitled ‘‘An Act to settle Indian land
claims within the State of Connecticut, and for other pur-
poses’’, 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 Con-
necticut 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.
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(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 geo-
graphic area that is currently the State of Connecti-
cut 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, in-
cluding residents of the town of Montville, Connecti-
cut, by encumbering the title to lands in the State, in-
cluding 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 re-
solving all disputes between the State of Connecticut
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and the Mohegan Tribe and providing a settlement
for the action referred to in paragraph (5).
(8) In order to implement the agreements re-
ferred 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 nec-
essary 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 fol-
lows:
(1) To facilitate the settlement of claims against
the State of Connecticut by the Mohegan Tribe.
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(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 in-
volving any real property or natural resources, in-
cluding 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 Con-
necticut, 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 Con-
necticut pursuant to section 47–59a(b) of the Con-
necticut 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 Agree-
ment’’ means the Agreement between the Mohegan
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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 Connecti-
cut.
(6) TOWN AGREEMENT.—The term ‘‘Town Agree-
ment’’ 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 convey-
ance, any transaction the purpose of which is to effect
a sale, grant, lease, allotment, partition, or convey-
ance, or any event that results in a change of posses-
sion 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 Reg-
ulatory Act (25 U.S.C. 2701 et seq.), the State of Con-
necticut 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)));
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(2) the compact has been approved by the Sec-
retary 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 ini-
tial Indian reservation of the Mohegan Tribe.
(b) PUBLICATION BY SECRETARY.—If the Secretary
makes a determination under subsection (a) that the condi-
tions specified in paragraphs (1) through (3) of that sub-
section have been met, the Secretary shall publish the deter-
mination, 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 Fed-
eral 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,
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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 In-
dians (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 sub-
paragraph (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 Connecti-
cut, including any claim or right based on recog-
nized title, including—
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(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, Nor-
wich bounds, and Colchester bounds;
(ii) any claim that the Mohegan Tribe
may have based on a survey conducted
under the authority of the Connecticut Gen-
eral 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 con-
firm any lands of the Mohegan Tribe to in-
dividual Indians or other persons.
(2) APPROVAL BY THE UNITED STATES.—An ex-
tinguishment 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 Indi-
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ans (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 trans-
fer 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 ap-
plicable treaty), made by, from, or on behalf of the Mohegan
Tribe or any predecessor or successor in interest of the Mo-
hegan 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 para-
graph (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 aborigi-
nal 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 extinguish-
ment is carried out; and
(B) is based on any interest in or right in-
volving any claim to lands or natural resources
described in this section, including claims for
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trespass damages or claims for use and occu-
pancy,
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 para-
graph (1) shall not apply to any interest in lands or
natural resources that is lawfully acquired by the Mo-
hegan 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 re-
sources, 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 In-
dian pursues such claim under any law of general
applicability.
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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 re-
quirements 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 Mo-
hegan 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.
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(2) STATUTORY CONSTRUCTION.—Nothing in this
Act may affect the right of the town of Montville to
participate, under any applicable law, in decision-
making 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 ASSUMP-
TION OF CRIMINAL JURISDICTION.
(a) IN GENERAL.—Subject to subsection (b), the con-
sent 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 res-
ervation 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 Mo-
hegan Tribe over matters concerning such criminal of-
fenses.
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(2) STATUTORY
CONSTRUCTION.—The assump-
tion 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 provi-
sion 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 OBLIGA-
TIONS 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, agen-
cies, departments, officers, or employees of the State of Con-
necticut arising from any treaty or agreement with, or on
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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 begin-
ning on the date on which the Secretary publishes a deter-
mination 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 agree-
ment 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 Agree-
ment 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 en-
acted; and
(3) the approval by the United States of prior
transfers and the extinguishment of claims and ab-
original title of the Mohegan Tribe otherwise made
under section 4 shall be void.
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(b) RIGHT
OF MOHEGAN TRIBE TO REINSTATE
CLAIM.—
(1) IN GENERAL.—If a State Agreement or com-
pact or agreement described in subsection (a) is in-
validated 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 rea-
sonable time, but not later than the later of—
(A) 180 days after the Mohegan Tribe re-
ceives 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 pro-
vision 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
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(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 oc-
curring between the withdrawal action and
commencement of the reinstated action.
SEC. 10. JUDICIAL REVIEW.
(a) JURISDICTION.—Notwithstanding any other provi-
sion of law, during the period beginning on the date of en-
actment 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 juris-
diction 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 termi-
nation of the period specified in subsection (a), no court
shall have jurisdiction over any action to contest the con-
stitutionality of this Act or the validity of any agreement
entered into under the authority of this Act or approved