H. R. 4653
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To settle Indian land claims within the State of Connecticut, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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 Regula-
tions.
(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.
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(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 oper-
ations 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 Amer-
ican 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 Connecti-
cut.
(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 Gov-
ernor 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 trans-
action 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)));
H. R. 4653—3
(2) the compact has been approved by the Secretary pursu-
ant 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 Mohe-
gan 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, relin-
quishment, or other commitment carried out pursuant to para-
graph (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, 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 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 individ-
ual Indians or other persons.
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(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, includ-
ing 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 subdivi-
sion of a State, or any other person or entity, by the Mohegan
Tribe, that—
(A) arises after the transfer or extinguishment is car-
ried 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 extin-
guished 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 para-
graph (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 regula-
tion), 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
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of the Mohegan Tribe as the initial Indian reservation of the Mohe-
gan 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 jurisdic-
tion; 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 juris-
diction 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 Agree-
ment; 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
H. R. 4653—6
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 agree-
ment 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 Agree-
ment or by subsequent events occurring between the
withdrawal action and commencement of the reinstated
action.
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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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.