Mashantucket Pequot Indian Claims Settlement Act
PL 98-134 (S.1499), enacted 10/18/1983

PUBLIC LAW 98-134—OCT. 18, 1983 
97 STAT. 851 
Public Law 98-134 
98th Congress 
An Act 
To settle certain claims of the Mashantucket Pequot Indians. 
Be it enacted by the Senate and House of Representative of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Mashantucket Pequot Indian Claims Settlement 
Act". 
CONGRESSIONAL FINDINGS 
SEC. 2. The Congress finds that— 
(a) there is pending before the United States District Court for 
the District of Connecticut a civil action entitled "Western 
Pequot Tribe of Indians against Holdridge Enterprises Incorpo-
rated, et al.. Civil Action Numbered H76-193 (D. Conn.)," which 
I 
involves Indian claims to certain public and private lands 
within the town of Ledyard, Connecticut; 
(b) the pendency of this lawsuit has placed a cloud on the 
titles to much of the land in the town of Ledyard, including 
lands not involved in the lawsuit, which has resulted in severe 
economic hardships for the residents of the town; 
(c) the Congress shares with the State of Connecticut and the 
parties to the lawsuit a desire to remove all clouds on titles 
resulting from such Indian land claims; 
(d) the parties to the lawsuit and others interested in the 
settlement of Indian land claims within the State of Connecticut 
have reached an agreement which requires implementing legis-
lation by the Congress of the United States and the Legislature 
of the State of Connecticut; 
(e) the Western Pequot Tribe, as represented as of the time of 
the passage of this Act by the Mashantucket Pequot Tribal 
Council, is the sole successor in interest to the aboriginal entity 
generally known as the Western Pequot Tribe which years ago 
claimed aboriginal title to certain lands in the State of Con-
necticut; and 
(f) the State of Connecticut is contributing twenty acres of 
land owned by the State of Connecticut to fulfill this Act. The 
State of Connecticut will construct and repair three sections of 
paved or gravel roadways within the reservation of the Tribe. 
The State of Connecticut has provided special services to the 
members of the Western Pequot Tribe residing within its bor-
ders. The United States has provided few, if any, special services 
to the Western Pequot Tribe and has denied that it had jurisdic-
tion over or responsibiUty for said Tribe. In view of the provi-
sion of land by the State of Connecticut, the provision of paved 
roadways by the State of Connecticut, and the provision of 
special services by the State of Connecticut without being 
required to do so by Federal law, it is the intent of Congress that 
the State of Connecticut not be required to otherwise contribute 
directly to this claims settlement. 
Oct. 18, 1983 
[S. 1499] 
Mashantucket 
Pequot 
Indian Claims 
Settlement Act. 
25 use 1751 
note. 
25 use 1751. 
97 STAT. 852 
PUBLIC LAW 98-134—OCT. 18, 1983 
DEFINITIONS 
25 use 1752. 
SEC. 3. For the purposes of this Act— 
(1) The term "Tribe" means the Mashantucket Pequot Tribe 
(also known as the Western Pequot Tribe) as identified by 
chapter 832 of the Connecticut General Statutes and all its 
predecessors and successors in interest. The Mashantucket 
Pequot Tribe is represented, as of the date of the enactment of 
this Act, by the Mashantucket Pequot Tribal Council. 
(2) The term "land or natural resources" means any real 
property or natural resources, or any interest in or right involv-
ing any real property or natural resources, including without 
limitation minerals and mineral rights, timber and timber 
rights, water and water rights, and hunting and fishing rights. 
(3) The term "private settlement lands" means— 
(A) the eight hundred acres, more or less, of privately 
held land which are identified by a red outline on a map 
filed with the secretary of the State of Connecticut in 
accordance with the agreement referred to in section 2(d) of 
this Act, and 
(B) the lands known as the Cedar Swamp which are 
adjacent to the Mashantucket Pequot Reservation as it 
exists on the date of the enactment of this Act. Within 
thirty days of the enactment of this Act, the secretary of 
the State of Connecticut shall transmit to the Secretary a 
certified copy of said map. 
(4) The term "settlement lands" means— 
(A) the lands described in sections 2(a) and 3 of the Act To 
Implement the Settlement of the Mashantucket Pequot 
Indian Land Claims as enacted by the State of Connecticut 
and approved on June 9,1982, and 
(B) the private settlement lands. 
(5) The term "Secretary" means the Secretary of the Interior. 
(6) The term "transfer" means any transaction involving, or 
any transaction the purpose of which was to effect, a change in 
title to or control of any land or natural resources, and any act, 
event, or circumstance that resulted in a change in title to, 
possession of, dominion over, or control of land or natural 
resources, including any sale, grant, lease, allotment, partition, 
or conveyance, whether pursuant to a treaty, compact, or stat-
ute of a State or otherwise. 
(7) The term "reservation" means the existing reservation of 
the Tribe as defined by chapter 824 of the Connecticut General 
Statutes and any settlement lands taken in trust by the United 
States for the Tribe. 
APPROVAL OF PRIOR TRANSFERS; EXTINGUISHMENT OF ABORIGINAL 
TITLES AND INDIAN CLAIMS 
25 use 1753. 
SEC. 4. (a) Any transfer before the date of enactment of this Act 
from, by, or on behalf of the Tribe or any of its members of land or 
natural resources located anywhere within the United States, and 
any transfer before the date of enactment of this Act from, by, or on 
behalf of any Indian, Indian nation, or tribe or band of Indians of 
land or natural resources located an3rwhere within the town of 
Ledyard, Connecticut, shall be deemed to have been made in accord-
ance with the Constitution and all laws of the United States, 
PUBLIC LAW 98-134—OCT. 18, 1983 
97 STAT. 853 
including without limitation the Trade and Intercourse Act of 1790, 
Act of July 22, 1790 (ch. 33, sec. 4, 1 Stat. 137, 138), and all 
amendments thereto and all subsequent reenactments and versions 
thereof, and Congress hereby does approve and ratify any such 
transfer effective as of the date of said transfer. 
(b) By virtue of the approval and ratification of a transfer of land 
or natural resources effected by subsection (a), any aboriginal title 
held by the Tribe or any member of the Tribe, or any other Indian, 
Indian nation, or tribe or band of Indians, to any land or natural 
resources the transfer of which was approved and ratified by subsec-
tion (a) shall be regarded as extinguished as of the date of such 
transfer. 
(c) By virtue of the approval and ratification of a transfer of land 
or natural resources effected by this section, or the extinguishment 
of aboriginal title effected thereby, any claim (including any claim 
for damages for trespass or for use and occupancy) by, or on behalf 
of, the Tribe or any member of the Tribe or by any other Indian, 
Indian nation, or tribe or band of Indians, against the United States, 
any State or subdivision thereof or any other person which is based 
on— 
(1) any interest in or right involving any land or natural 
resources the transfer of which was approved and ratified by 
subsection (a), or 
(2) any aboriginal title to land or natural resources the extin-
guishment of which was effected by subsection (b), 
shall be regarded as extinguished as of the date of any such transfer. 
(d) Nothing in this section shall be construed to afiect or eliminate 
the personal claim of any individual Indian (except for Federal 
common law fraud claim) which is pursued under any law of general 
applicability that protects non-Indians as well as Indians. 
(eXD This section shall take effect upon the appropriation of 
$900,000 as authorized under section 5(e) of this Act. 
(2) The Secretary shall publish notice of such appropriation in the 
Federal Register when the funds are deposited in the fund estab-
lished under section 5(a) of this Act. 
Effective date. 
Notice, 
publication in 
Federal 
Register. 
MASHANTUCKET PEQUOT SETTLEMENT FUND 
Establishment. 
25 u s e 1754. 
SEC. 5. (a) There is hereby established in the United States 
Treasury an account to be known as the Mashantucket Pequot 
Settlement Fund (hereinafter referred to in this section as the 
"Fund"). The Fund shall be held in trust by the Secretary for the 
benefit of the Tribe and administered in accordance with this Act. 
(bXD The Secretary is authorized and directed to expend, at the Expenditure 
request of the Tribe, the Fund together with any and all income 
accruing to such Fund in accordance with this subsection. 
(2) Not less than $600,000 of the Fund shall be available until 
January 1, 1985, for the acquisition by the Secretary of private 
settlement lands. Subsequent to January 1,1985, the Secretary shall 
determine whether and to what extent an amount less than $600,000 
has been expended to acquire private settlement lands and shall 
make that amount available to the Tribe to be used in accordance 
with the economic development plan approved pursuant to para-
graph (3). 
(3)(A) The Secretary shall disburse all or part of the Fund together Disbursement, 
with any and all income accruing to such Fund (excepting the 
Private 
settlement 
lands. 
97 STAT. 854 
PUBLIC LAW 98-134—OCT. 18, 1983 
Economic 
development 
plan. 
Disapproval 
notice. 
Waiver of 
liability. 
25 u s e 162a. 
Trust 
responsibility. 
Terms. 
Trust 
responsibility. 
Land or natural 
resources, 
acquisition. 
40 u s e 257. 
40 u s e 258a. 
eondemnation 
proceedings. 
Involuntary 
conversion. 
2
6 use 1. 
26 use 1033. 
amount reserved in paragraph (2)) according to a plan to promote 
the economic development of the Tribe. 
(B) The Tribe shall submit an economic development plan to the 
Secretary and the Secretary shall approve such plan within sixty 
days of its submission if he finds that it is reasonably related to the 
economic development of the Tribe. If the Secretary does not ap-
prove such plan, he shall, at the time of his decision, set forth in 
writing and with particularity, the reasons for his disapproval. 
(C) iTie Secretary may not agree to terms which provide for the 
investment of the Fund in a manner inconsistent with the first 
section of the Act of June 24,1938 (52 Stat. 1037), unless the Tribe 
first submits a specific waiver of liability on the part of the United 
States for any loss which may result from such an investment. 
(D) The Tribe may, with the approval of the Secretary, alter the 
economic development plan subject to the conditions set forth in 
subparagraph (B). 
(4) Under no circumstances shall any part of the Fund be distrib-
uted to any member of the Tribe unless pursuant to the economic 
development plan approved by the Secretary under paragraph (3). 
(5) As the Fund or any portion thereof is disbursed by the Secre-
tary in accordance with tms section, the United States shall have no 
further trust responsibility to the Tribe or its members with respect 
to the sums paid, any subsequent expenditures of these sums, or any 
property other than private settlement lands or services purchased 
with these sums. 
(6) Until the Tribe has submitted and the Secretary has approved 
the terms of the use of the Fund, the Secretary shall fix the terms 
for the administration of the portion of the Fund as to which there is 
no agreement. 
(7) Lands or natural resources acquired under this subsection 
which are located within the settlement lands shall be held in trust 
by the United States for the benefit of the Tribe. 
(8) Land or natural resources acquired under this subsection 
which are located outside of the settlement lands shall be held in fee 
by the Mashantucket Pequot Tribe, and the United States shall 
have no further trust responsibility with respect to such land and 
natural resources. Such land and natural resources shall not be 
subject to any restriction against alienation under the laws of the 
United States. 
(9) Notwithstanding the provisions of the first section of the Act of 
August 1,1888 (25 Stat. 357, chapter 728), as amended, and the first 
section of the Act of February 26,1931 (46 Stat. 1421, chapter 307), 
the Secretary may acquire land or natural resources under this 
section from the ostensible owner of the land or natural resources 
only if the Secretary and the ostensible owner of the land or natural 
resources have agreed upon the identity of the land or natural 
resources to be sold and upon the purchase price and other terms of 
sale. Subject to the agreement required by the preceding sentence, 
the Secretary may institute condemnation proceedings in order to 
perfect title, satisfactory to the Attorney Greneral, in the United 
States and condemn interests adverse to the ostensible owner. 
(c) For the purpose of subtitle A of the Internal Revenue Code of 
1954, any transfer of private settlement lands to which subsection 
(b) applies shall be deemed to be an involuntary conversion within 
the meaning of section 1033 of such Code. 
(d) The Secretary may not expend on behalf of the Tribe any sums 
deposited in the Fund established pursuant to subsection (a) of this 
PUBLIC LAW 98-134—OCT. 18, 1983 
97 STAT. 855 
section unless and until he finds that authorized officials of the 
Tribe have executed appropriate documents relinquishing all clauns 
to the extent provided by sections 4 and 10 of this Act, including 
stipulations to the final judicial dismissal with prejudice of ite 
cl£ums. 
(e) There is authorized to be appropriated $900,000 to be deposited 
in the Fund. 
JURISDICTION OVER RESERVATION 
Drogriation 
authorization. 
SEC. 6. Notwithstanding the provision relating to a special election 25 use 1755. 
in section 406 of the Act of April 11, 1968 (82 Stat. 80; 25 U.S.C. 
1326), the reservation of the Tribe is declared to be Indian country 
subject to State jurisdiction to the maximum extent provided in title 
IV of s u c h Act. 
25 u s e 1321. 
LIMITATION OF ACTIONS: FEDERAL COURT JURISDICTION 
SEC. 7. (a) Notwithstanding any other provision of law, the consti-
tutionality of this Act may not be drawn into question in any action 
unless such question has been raised in— 
(1) a pleading contained in a complaint filed before the end of 
the one-hundrei-and-eighty-day period beginning on the date of 
the enactment of this Act, or 
(2) an answer contained in a reply to a complaint before the 
end of such period. 
(b) Notwithstfiuiding any other provision of law, exclusive jurisdic-
tion of any action in which the constitutionality of this Act is drawn 
into question is vested in the United States District Court for the 
District of Connecticut. 
(c) Any action to which subsection (a) appUes and which is brought 
in the court of any State may be removed by the defendant to the 
United States District Court for the District of Connecticut. 
(d) Except as provided in this Act, no provision of this Act shall be 
construed to constitute a jurisdictional act, to confer jurisdiction to 
sue, or to grant implied consent to any Indian, Indian nation, or 
tribe or band of Indians to sue the United States or any of its officers 
with respect to the claims extinguished by the operation of this Act. 
eonstitutionality. 
25 u s e 1756. 
RESTRICTION AGAINST ALIENATION 
SEC. 8. (a) Subject to subsection (b), lands within the reservation 25 use 1757. 
which are held in trust by the Secretary for the benefit of the Tribe 
or which are subject to a Federal restraint against alienation at any 
time after the date of the enactment of this Act shall be subject to 
the laws of the United States relating to Indian lands, including 
section 2116 of 
the Revised Statutes (25 U.S.C. 177). 
(b) Notwithstanding subsection (a), the Tribe may lease lands for L
a
n
d leases. 
any term of years to the Mashantucket Pequot Housing Authority, 
or any successor in interest to such Authority. 
EXTENSION OF FEDERAL RECOGNITION AND PRIVILEGES 
SEC. 9. (a) Notwithstanding any other provision of law. Federal 25 use i758. 
recognition is extended to the Tribe. Except as otherwise provided in 
this Act, all laws and r^^ilations of the United States of general 
application to Indians or Lidian nations, tribes or bands of Indians 
97 STAT. 856 
PUBLIC LAW 98-134—OCT. 18, 1983 
Organic 
governing 
document. 
Federal services 
and benefits, 
eligibility. 
which are not inconsistent with any specific provision of this Act 
shall be appUcable to the Tribe. 
(b) The Tribe shall file with the Secretary a copy of its organic 
governing document and any amendments thereto. Such instrument 
must be consistent with the terms of this Act and the Act to 
Implement the Settlement of the Mashantucket Pequot Indian Land 
Claim as enacted by the State of Connecticut and approved June 9, 
1982. 
(c) Notwithstanding any other provision of law, the Tribe and 
members of the Tribe sh^dl be eligible for all Federal services and 
benefits furnished to federally recognized Indian tribes as of the 
date of enactment of this Act. 
OTHER CLAIMS DISCHARGED BY THIS ACT 
25 use 1759. 
SEC 10. Except as expressly provided herein, this Act shall consti-
tute a general discharge and release of all obligations of the State of 
Connecticut and all of its political subdivisions, agencies, depart-
ments, and all of the officers or employees thereof arising fiom any 
treaty or agreement with, or on behalf of the TVibe or the United 
States as trustee therefor. 
Provisions held 
invalid. 
25 u s e 1760. 
INSEPARABILITY 
SEC. 11. In the event that any provision of section 4 of this Act is 
held invaUd, it is the intent of Congress that the entire Act be 
invalidated. In the event that any other section or provision of this 
Act is held invalid, it is the intent of Congress that the remaining 
sections of this Act shall continue in full force and effect. 
Approved October 18, 1983. 
LEGISLATIVE HISTORY—S. 1499 (S. 366) (H.R. 982): 
SENATE REPORT No. 98-222 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 129 (1983): 
Sept. 30, considered and passed Senate. 
Oct. 4, considered and passed House.