[Congressional Record Volume 140, Number 83 (Monday, June 27, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 27, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
INTRODUCTION OF LEGISLATION TO EXTINGUISH THE LAND CLAIM OF THE MOHEGAN 
                          TRIBE OF CONNECTICUT

                                 ______


                           HON. SAM GEJDENSON

                             of connecticut

                    in the house of representatives

                         Monday, June 27, 1994

  Mr. GEJDENSON. Mr. Speaker, I rise today to introduce legislation, 
backed by the State of Connecticut, Mohegan Tribe, and town of 
Montville, to extinguish the land claim of the Mohegan Tribe of Indians 
of Connecticut.
  The Mohegans were one of the most powerful native American tribes in 
New England at the time when settlers first arrived in this country. 
The tribe was centered in what is now the town of Montville in 
southeastern Connecticut. Over successive years, the State of 
Connecticut, through numerous acts, disposed of certain portions of the 
Mohegan's ancestral land. In 1861, the State of Connecticut terminated 
the Mohegan reservation and dispersed its land to private owners. The 
State did this without the consent of the Federal Government.
  Since 1977, the tribe has had a land claim suit pending in district 
court in Connecticut. The claim extends to more than 2,000 acres in 
southeastern Connecticut. The tribe has argued that the State violated 
the Indian Non-Intercourse Act of 1790 by taking its land without the 
authorization of the Federal Government, thereby making the transfer 
invalid. From any review of the facts, it is obvious that the Non-
Intercourse Act was violated. If the district court rules in the 
tribe's favor, titles to property across my State will be clouded and 
the real estate market will come to a halt. This would be detrimental 
to the residents of Montville and surrounding towns, the tribe, and the 
entire State.
  However, this will not be the case. In what I believe is a model of 
cooperation at all levels, the tribe, the town, the State, and 
residents have worked to develop several agreements which resolve 
outstanding issues and provided multiple benefits to each. The State 
and the tribe have reached an agreement on issues relating to land 
claims, gaming and several other issues. The tribe and the town 
recently signed an agreement which will provide the town with some 
important infrastructure financing and ensure that it will work with 
the tribe in securing a reservation and on other matters.
  The legislation I am introducing today is necessary to resolve 
outstanding land claims issues in accordance with the Non-Intercourse 
Act. Under the bill, existing and any future tribal claims to any lands 
and natural resources in the State of Connecticut, based on aboriginal 
or recognized Indian title, are extinguished. The bill authorizes the 
Secretary of Interior to take nearly 850 acres of State and other lands 
into trust for an initial reservation for the Mohegans. I want to make 
it clear that the Mohegans will purchase the vast majority of this 
land from willing sellers. In fact, the tribe already has options to 
purchase nearly 300 acres and the Governor has made a commitment to 
sell the tribe approximately 170 acres of State land, including the 
tribe's ancestral burial ground, to the tribe. The legislation provides 
for State criminal jurisdiction over tribal members on lands taken into 
trust for the Mohegans. Moreover, the bill terminates any obligations 
to the tribe arising from any previous agreement or treaty incurred by 
the State of Connecticut and its political subdivisions.

  I want to make some points about what the bill would not do. It would 
not provide Federal recognition to the Mohegan Tribe. The tribe 
received Federal recognition through the administrative process on 
March 15, 1994. The legislation does not involve any Federal funds or 
transfer of Federal lands. To put it simply this bill poses few burdens 
on the Federal Government.
  Mr. Speaker, this bill is necessary under the Indian Non-Intercourse 
Act. Furthermore, it is the result of negotiations between all the 
parties involved. The State of Connecticut, town of Montville, and the 
Mohegan Tribe support this legislation and have requested that I 
introduce it in Congress. Passing this legislation is essential to 
tribal economic development which will allow it to provide for its 
nearly 1,000 members. Moreover, tribal development will provide jobs to 
hundreds, perhaps thousands, of residents from across southeastern 
Connecticut. Passing this bill will protect private property owners and 
provide certainty for the future. Finally, to reiterate, all the 
parties involved support of this bill. I urge my colleagues to support 
it as well.

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