[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4653 Reported in House (RH)]
Union Calendar No. 367
103d CONGRESS
2d Session
H. R. 4653
[Report No. 103-676]
_______________________________________________________________________
A BILL
To settle Indian land claims within the State of Connecticut, and for
other purposes.
_______________________________________________________________________
August 5, 1994
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
Union Calendar No. 367
103d CONGRESS
2d Session
H. R. 4653
[Report No. 103-676]
To settle Indian land claims within the State of Connecticut, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 1994
Mr. Gejdenson introduced the following bill; which was referred to the
Committee on Natural Resources
August 5, 1994
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on June
27, 1994]
_______________________________________________________________________
A BILL
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. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY.
Congress finds and declares that--
(1) the Mohegan Tribe of Indians of Connecticut has been
recognized by the United States through the administrative
process pursuant to part 83 of title 25 of the Code of Federal
Regulations;
(2) the Mohegan Tribe of Indians of Connecticut is a
successor in interest to the aboriginal entity known as the
Mohegan Indian Tribe which has existed in what is now the State
of Connecticut from time immemorial and for which certain lands
were sequestered as tribal lands by the Colony and State of
Connecticut;
(3) there is pending before the United States District
Court for the Southern District of Connecticut a lawsuit by the
Mohegan Indian Tribe which involves certain lands within the
State of Connecticut;
(4) the pendency of the lawsuit may result in economic
hardships for residents of the State of Connecticut by clouding
the titles to lands in the State, including lands not now
involved in the lawsuit;
(5) the State of Connecticut and the Mohegan Tribe have
executed agreements for the purposes of resolving all disputes
between them and settling the lawsuit, which agreements require
implementing legislation by the Congress of the United States;
(6) in the agreements described above, the parties provide
for the assumption by the State of Connecticut of jurisdiction
over offenses by and against members of the Mohegan Tribe and
other Indians on Indian country and to the submission of all
gaming-related development to the jurisdiction of the State of
Connecticut State Traffic Commission;
(7) the Town of Montville, Connecticut, will be affected by
the loss of tax base from, and jurisdiction over, lands taken
into trust on behalf of the Tribe and will serve as the host
community for the Tribe's gaming operations;
(8) 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; and
(9) Congress shares with the parties to such agreements a
desire to settle all Mohegan Indian claims in the State of
Connecticut and to remove all clouds on titles resulting from
such lawsuits.
SEC. 3. DEFINITIONS.
For purposes of this Act, the term--
(1) ``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 by the State of Connecticut pursuant to
Connecticut General Statutes sections 47-59 (a) and (b);
(2) ``State of Connecticut'' means the State of
Connecticut, its agencies, political subdivisions,
constitutional officers, officials of its agencies and
subdivisions;
(3) ``Secretary'' means the Secretary of the Interior;
(4) ``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, but not limited
to, minerals and mineral rights, timber and timber rights,
water and water rights, and rights to hunt and fish;
(5) ``Lawsuit'' means the action in the United States
District Court for the District of Connecticut, entitled
``Mohegan Tribe of Indians of Connecticut v. State of
Connecticut, et al.'', Case No. H77-434;
(6) ``State Agreement'' means that document entitled
``Agreement between the Mohegan Tribe and the State of
Connecticut'' executed on May 17, 1994, by the Governor acting
on behalf of the State of Connecticut and the Chief of the
Mohegan Tribe acting on behalf of the Mohegan Tribe and filed
with the Secretary of State of the State of Connecticut;
(7) ``Town Agreement'' means that document executed on June
16, 1994, by the Mayor of the Town of Montville and the Chief
of the Mohegan Tribe;
(8) ``Transfer'' includes, but is not limited to, any sale,
grant, lease, allotment, partition, or conveyance, any
transaction the purpose of which was to effect a sale, grant,
lease, allotment, partition, or conveyance, or any event or
events that resulted in a change of possession or control of
lands or natural resources.
SEC. 4. FINDINGS BY THE SECRETARY.
Section 5 of this Act shall not take effect until the following
events have occurred and the Secretary so finds--
(1) the State of Connecticut has entered into a binding
compact with the Mohegan Tribe providing for Class III tribal
gaming operations, in accordance with the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.), and the compact has
received all the Federal approvals required to be fully
effective; and
(2) title to lands described in Exhibit B to the Agreement
has vested in the United States in trust for the Mohegan Tribe
to be used as the Mohegan Tribe's initial Indian reservation.
SEC. 5. APPROVAL OF PRIOR TRANSFERS AND EXTINGUISHMENT OF CLAIMS AND
ABORIGINAL TITLE INVOLVING THE MOHEGAN TRIBE.
(a) If the Secretary finds that the conditions set forth in section
4 of this Act have been satisfied, he shall publish such findings and
the State Agreement in the Federal Register, and upon such publication:
(1) The transfers, waivers, releases, relinquishments, and
other commitments made by the Mohegan Tribe in paragraph (1) of
its Agreement with the State of Connecticut shall be of full
force and effect on the terms and conditions therein stated.
(2) The transfers, waivers, releases, relinquishments, and
other commitments validated by paragraph (1) of the Agreement
and of this section and the transfers and extinguishments
approved and validated by subsection (b) (1) and (2) shall be
deemed to have been made in accordance with the United States
Constitution and all laws of the United States that are
specifically applicable to transfers of lands or natural
resources from, by, or on behalf of any Indian, Indian nation,
or tribe of Indians (including but not limited to the Trade and
Intercourse Act of 1790, Act of July 22, 1790, ch. 33, sec. 4,
1 Stat. 137, and any amendments thereto and all subsequent
versions thereof), and Congress does hereby approve any such
transfers effective as of the date of said transfers.
(b)(1) All claims to lands within the State of Connecticut based
upon aboriginal title by the Mohegan Tribe, or any predecessor or
successor in interest, are hereby extinguished, as are any and all
other claims the Mohegan Tribe might have to any public or private
lands or natural resources in Connecticut, such as claims or rights
based on recognized title, including but not limited to--
(A) any claim the Mohegan Tribe might 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;
(B) any claim the Mohegan Tribe might have based on a
survey 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
(C) any claim the Mohegan Tribe might have based on any
action by the State in 1860, 1861, or otherwise to allot,
reallot, and/or confirm any lands of the Mohegan Tribe to
individual Indians or other persons. Any transfer of lands or
natural resources located anywhere within the State of
Connecticut including, but not limited to, transfers pursuant
to the statute or treaty of or with any State or the United
States, by, from, or on behalf of the Mohegan Tribe, or any
predecessor or successor in interest, shall be deemed to be in
full force and effect, as provided in subsection (a)(2):
Provided, however, That nothing herein shall be construed as
extinguishing any aboriginal right, title, interest, or claim
to lands or natural resources solely to the extent of the
rights or interests defined as ``excepted interests'' in
paragraph 1a of the Agreement between the Mohegan Tribe and the
State of Connecticut.
(2) By virtue of the approval of a transfer of lands or natural
resources effected by this section, or an extinguishment of aboriginal
title effected thereby, all claims against the United States, any State
or subdivision thereof, or any other person or entity, by the Mohegan
Tribe, arising subsequent to the transfer and based upon any interest
in or right involving the claims described in paragraph (1) above in
lands or natural resources, including, but not limited to, claims for
trespass damages or claims for use and occupancy, shall be regarded as
extinguished as of the date of the transfer, provided that this
limitation shall not apply to any interest in lands or natural
resources subsequently and lawfully acquired by the Mohegan Tribe or
its members.
(c) No provision of this section shall be construed to offset or
eliminate the personal claim of any individual Indian which is pursued
under any law of general applicability that protects Indians as well as
non-Indians.
SEC. 6. CONVEYANCE OF LANDS TO THE UNITED STATES IN TRUST FOR THE
MOHEGAN TRIBE.
(a) The Secretary of the Interior is authorized and directed to
accept the conveyance of title to lands described in Exhibits A and B
of the State Agreement to be taken in the name of the United States of
America in trust for the use and benefit of the Mohegan Tribe of
Indians of Connecticut. The lands shall be the Mohegan Tribe's Initial
Indian reservation.
(b) With regard to any tracts of land subject to Exhibit B of the
State Agreement but not specifically identified therein, the Secretary
shall consult with the Town of Montville with respect to the impact on
the Town resulting from the removal of the land from the tax rolls and
jurisdictional problems and potential conflicts of land use which may
arise. With respect to all lands not subject to Exhibits A and B of the
State Agreement, nothing in this Act shall diminish or otherwise affect
the Town's rights under applicable law to participate in the
decisionmaking process on trust acquisition requests involving these
lands.
SEC. 7. ASSUMPTION BY STATE OF JURISDICTION OVER CRIMES AND MOTOR
VEHICLE TRAFFIC.
(a) The consent of the United States is hereby given to the State
of Connecticut to assume by affirmative legislation jurisdiction over
offenses committed by or against Indians on the Mohegan Indian
reservation or Indian country owned by the Mohegan tribe or its
members. Such jurisdiction shall be to the same extent that the State
has over such offenses committed elsewhere within the State, and the
criminal laws of the State shall have the same force within such
reservation and Indian country as they have elsewhere in the State.
(b) Notwithstanding other provisions of Federal law, including but
not limited to title IV of Public Law 90-284 (25 U.S.C. 1321-1326) the
Mohegan Tribe of Indians agrees to and consents to the assumption of
jurisdiction by the State of Connecticut State Traffic Commission over
all gaming-related traffic control matters to the same extent as the
State Traffic Commission has jurisdiction over traffic control within
the State of Connecticut as set out in chapter 249 of the Connecticut
General Statutes, sections 14-297 to 14-314C. The Congress consents to
this assumption of traffic control jurisdiction by the State of
Connecticut.
SEC. 8. GENERAL DISCHARGE AND RELEASE OF STATE OF CONNECTICUT.
Except as expressly provided herein and in the State Agreement and
the Town Agreement, this Act shall constitute a general discharge and
release of all obligations of the State of Connecticut and all of its
political subdivisions, agencies, departments, and all of the officers
or employees thereof arising from any treaty or agreement with, or on
behalf of the Tribe of the United Sates as trustee therefor.
SEC. 9. REVOCATION OF STATE AGREEMENT.
In the event that, within 15 years of the date of the publication
of the notice required by section 5(a), the Agreement between the
Mohegan Tribe and the State of Connecticut is invalidated, or if the
gaming compact provided in section 4(1) of this Act, or any
implementing agreements between the parties thereto, is invalidated by
a court of competent jurisdiction, the transfers, waivers, releases,
relinquishments and other commitments made by the Mohegan Tribe in
paragraph 1a of the State Agreement shall no longer be of any force or
effect, section 5 of this Act shall be inapplicable to the lands,
interests in lands or natural resources of the Mohegan Tribe and its
members as if never enacted, and the approvals of prior transfers and
the extinguishment of claims and aboriginal title of the Mohegan Tribe
otherwise effected by section 5 shall be void ab initio. In any such
event, the Mohegan Tribe shall have the right to reinstate its land
claim within a reasonable time, which period shall be defined as the
later of 6 months after the Mohegan Tribe receives written notice of
such determination, or if appealed, 6 months after entry of judgment by
the court of last resort, and, if the suit is reinstated within that
time, no defense, such as laches, statute of limitations, law of the
case, res judicata, or prior disposition shall be asserted based on the
withdrawal of the lawsuit and commencement of the resumed litigation,
nor shall the substance of discussions leading to the State Agreement
be admissible in any subsequent litigation: Provided, however, That if
any such suit is reinstated, any defense which would have been
available to the State of Connecticut at the time the lawsuit was
withdrawn may be asserted, and is not waived by anything in the State
Agreement or by subsequent events occurring between the withdrawal of
the lawsuit and commencement of the resumed litigation. In the event
that any suit challenging the validity of the State Agreement, the
gaming compact provided in section 4 of this Act, or any implementing
agreements between the parties thereto, is pending in any court of
competent jurisdiction on the date that the Mohegan Tribe's rights
under this section would otherwise expire, such rights will be extended
for a period not to exceed 6 months from the date the Mohegan Tribe
receives notice of a final determination in such suit or, if an appeal
is filed, 6 months after entry of judgment by the court of last resort.
SEC. 10. JUDICIAL REVIEW.
Notwithstanding any other provision of law, 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
shall be barred unless the complaint is filed within 180 days after the
date of enactment of this Act. Exclusive jurisdiction over any such
action is hereby vested in the United States District Court for the
District of Connecticut.
SEC. 11. RATIFICATION OF TOWN AGREEMENT.
Notwithstanding any other provision of law--
(1) the Mohegan Tribe is authorized to make payments to the
town of Montville according to the terms of the Town Agreement,
subject to modification by mutual agreement of the parties; and
(2) the Secretary is authorized and directed to approve
that Agreement, thereby giving full force and effect to its
provisions, and to approve future modifications mutually agreed
to by the parties.
Amend the title so as to read: ``A bill to settle certain
Indian land claims within the State of Connecticut, and for
other purposes.''.
HR 4653 RH----2