[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4653 Enrolled Bill (ENR)]
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
Regulations.
(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.
(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 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 American
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 Connecticut.
(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 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 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 transaction 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)));
(2) the compact has been approved by the Secretary 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 initial Indian reservation of the Mohegan 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, 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
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, Norwich 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 individual Indians or
other persons.
(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, including
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 subdivision of a
State, or any other person or entity, by the Mohegan Tribe, that--
(A) arises after the transfer or extinguishment is carried
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 extinguished
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 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 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 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 Mohegan 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.
(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 jurisdiction 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 Agreement;
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
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 agreement
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 Agreement
or by subsequent events occurring between the withdrawal
action and commencement of the reinstated action.
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.