[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2329 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2329
To settle certain Indian land claims within the State of Connecticut,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27 (legislative day, July 20), 1994
Mr. Dodd (for himself and Mr. Lieberman) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To settle certain 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 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 subsection (g) and paragraph
(3), the following claims are hereby extinguished:
(A) Any claim to land within the State of
Connecticut based upon aboriginal title by the Mohegan
Tribe or any predecessor or successor in interest of
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 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 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 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 on natural resources, to the extent that such
right, title, interest, or claim that is defined as an excepted
interest 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.--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. RATIFICATION OF STATE AGREEMENT.
The consent of the United States is hereby given to the following
provisions of the State Agreement:
(1) Subsections (c) and (d) of section 1, relating to the
location of any tribal gaming operation and the conditions of
gaming-related development.
(2) Section 1(f), relating to payments on real property.
(3) Section 1(g), relating to matters of criminal
jurisdiction.
(4) Section 1(h), relating to gaming-related traffic
control jurisdiction.
SEC. 7. RATIFICATION OF TOWN AGREEMENT.
(a) In General.--Notwithstanding any other provision of law, the
Mohegan Tribe is authorized to make payments to the town of Montville
in accordance with the terms of the Town Agreement, subject to
modification by mutual agreement of the parties to the Town Agreement.
(b) Approval of Town Agreement.--Notwithstanding any other
provision of law--
(1) as soon as practicable after the date of enactment of
this Act, the Secretary shall approve the Town Agreement; and
(2) the Secretary shall approve any subsequent amendments
made to the agreement by both the town of Montville and the
Mohegan Tribe.
SEC. 8. GENERAL DISCHARGE AND RELEASE 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 the State Agreement is invalidated, 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,
interest 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).
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