Mohegan Nation of Connecticut Land Claims Settlement Act of 1994
PL 103-377 (H.R.4653), enacted 10/19/1994

PUBLIC LAW 103-377—OCT. 19, 1994 
108 STAT. 3501 
Public Law 103-377 
103d Congress 
An Act 
To settle Indian land claims within the State of Connecticut, and for other pvirposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TTTLE. 
This Act may be cited as the "Mohegan Nation of Comiecticut 
Land Claims Settlement Act of 1994". 
SEC. 2. FINDINGS AND PUBPOSES. 
(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 titie 25 of the Code of Federal Regula-
tions. 
(2) The Mohegian Tribe of Indians of Connecticut is the 
successor in interest to the aboriginal entity known as the 
Mohegan Indian Tribe. 
(3) The Mohegain Tribe has existed in the geographic area 
that is currentiy the State of Connecticut for a long period 
preceding the colonial period of tiie history of the United States. 
(4) Certain lands were sequestered as tribal lands by the 
Colony of Connecticut and subsequentiy by the State of 
Connecticut. 
(5) The Mohegan Tribe of Indians of Connecticut v. State 
of Connecticut, et al. (CivU Action No. H-77-434, pending 
before the United States District Court for the Southern District 
of Comiecticut) 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 
titie to lands in the State, including lands that Eire not currentiy 
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 
jtirisdiction 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 tiie Congress to enact legislation. 
Oct. 19,1994 
[H.R. 4653] 
Mohegan Nation 
of Connecticut 
Land Claims 
Settlement Act 
of 1994. 
25 u s e 1775 
note. 
25 u s e 1775. 
108 STAT. 3502 
PUBLIC LAW 103-377—OCT. 19, 1994 
(9) The town of Montville, Coimecticut, 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 govemment-
to-govemment relationship. 
(b) PURPOSES.—^The purposes of this Act are as follows: 
(1) To faciUtate the settlement of claims against the State 
of Connecticut by the Mohegan Tribe. 
(2) To faciHtate the removal of any encumbrance to £Uiy 
title to land in the State of Connecticut that would have 
resulted firom the action referred to in subsection (a). 
25 use 1775a. 
SEC. 3. DEFINITIONS. 
As used in this Act: 
(1) LANDS OR NATURAL RESOURCES.—The term 'lands or 
natural resoiuxes" 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 titie 25, Code of Federal Regulations, and the State 
of Connecticut pursuant to section 47-59a(b) of the Connecticut 
GenereJ 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 Agreements 
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 sind 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. 
25 use 1775b. 
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))); 
PUBLIC LAW 103-377—OCT. 19, 1994 
108 STAT. 3503 
(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 liansfers carried out pursuant to the State 
Agreement, the United States holds title to lands described 
in esdiibit 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 Federal 
determination under subsection (a) that the conditions specified 
5!?fi?^r' 
in paragraphs (1) through (3) of that subsection have been met, P ^ ^ • 
the Secretary shall publish the determination, together with the 
State Agreement, in me Federal Register. 
(c) EFFECT OF PUBLICATION.— 
(1) IN GENERAL.—Upon the pubHcation of the determination 
and the State Agreement in tiie Federal Register pursuant 
to subsection (b), a transfer, waiver, release, relinquishment, 
or other commitment made by the Mohegan Tnbe in accordance 
witii 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 
fi:x)m, 
by, or on oenalf of an Indian, Indian 
nation, or tribe of Indians (mcluding 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 titie by the Mohegan Tribe. 
(B) Any otbier claim that the Mohegan Tribe may have 
with respect to any pubHc or private lands or natural 
resources in Connecticut, including any claim or right based 
on recognized titie, including— 
(i) any claim that the Mohegan Tribe may have 
to the tribal sequestered lands Dounded out to the 
Tribe in 1(384, 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. 
108 STAT. 3504 
PUBLIC LAW 103-377—OCT. 19, 1994 
(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 Intercom^e 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 appUcable Federsd 
or State law (including £iny 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 approved by the 
Um^ted 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 £m.y 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, 
shaU, beginning on the date of the transfer of land or the 
extinguisnment of aboriginsd 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, titie, interest, 
or claim to lands or natural resources, to the extent that such 
right, title, interest, or clsdm is an excepted interest, as defined 
imder section 1(a) of the State Agreement. 
(2) PERSONAL CLAIMS.—Nothing in this section may be 
construed to offset or eliminate tne personal claim of any 
individual Indian if the individual Indian pursues such claim 
imder any law of general appHcability. 
25 use 1775c. 
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 titie 
25, Code of Federal Regulations (or any subsequent similar regula-
tion), the Secretary shall t£ike such action as may be necessary 
to facilitate tiie conveyance to the United States of titie 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 
PUBLIC LAW 103-377—OCT. 19, 1994 
108 STAT. 3505 
of the Mohegan Tribe as the initial IndiEin 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 fix)m— 
(A) the removal of the land from taxation by the town; 
(B) problems concerning the determination of jurisdic-
tion; ana 
(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 appUcable law, in decisionmaking processes concerning 
tile acquisition of any lands by the Federal Grovemment to 
be held in trust for the Mohegan Tribe. 
SEC. 6. CONSENT OF UNITED STATES TO STATE ASSUMPTION OF 25 USC 1775d. 
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 rese]rvation and Indian country as such laws 
have elsewhere within tiie State. 
(b) STATUTORY CONSTRUCTION.— 
(1) EFFECT ON CONCURRENT JURISDICTION OF THE MOHEGAN 
TRIBE.—^The assumption of criminal jurisdiction by the State 
pm^uant 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 
{
'urisdiction by the State pursuant to subsection (a) shall not 
)e construed as a waiver of the jiuisdiction of the United 
States imder section 1153 of titie 18, United States Code. 
SEC. 7. RATIFICATION OF TOWN AGREEMENT. 
25 USC 1775e. 
(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 appHcable law. 
SEC 8. GENERAL DISCHARGE AND RELEASE OF OBLIGATIONS OF 25 USC 1775f. 
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 aU obUgations of the State of Connecticut and the 
poHtical subdivisions, agencies, departments, officers, or employees 
108 STAT. 3506 
PUBLIC LAW 103-377—OCT. 19, 1994 
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. 
25 use 1775g. 
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, £Uid 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 shaU 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 invaUdated 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 iuvaUdation, within a reasonable 
time, but not later than the later of— 
(A) 180 days after the Mohegan Tribe receives written 
notice of such determioation 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 £iny discussions leading to the 
State Agreement may not be admissible in any subsequent 
Utigation, except that, if any such action is reinstated, 
any defense that would have been avedlable 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 conmiencement of the reinstated 
action. 
PUBLIC LAW 103-377—OCT. 19, 1994 
108 STAT. 3507 
SEC. 10. JUDICIAL REVIEW. 
25 USC 1775h. 
(a) JURISDICTION.—Notwithstanding any other provision of law, 
during the period beginning on the date of enactment of this Act 
and ending on tiie 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) DEADUNE FOR FIUNG.—Effective with the termination of 
the period specified in subsection (a), no court shall have jurisdiction 
over any action to contest the constitutionaHty of this Act or the 
vahdity 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). 
Approved October 19, 1994. 
LEGISLATIVE HISTORY—H.R. 4653 (S. 2329): 
HOUSE REPORTS: No. 103-676 (Comm. on Natural Resources). 
SENATE REPORTS: No. 103-339 accompanying S. 2329 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Aug. 8, considered and passed House. 
Oct. 3, considered and passed Senate, amended, in lieu of S. 2329. 
Oct. 4, 5, House concurred in Senate amendment.