[Congressional Record Volume 140, Number 108 (Monday, August 8, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 8, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
    MOHEGAN NATION OF CONNECTICUT LAND CLAIMS SETTLEMENT ACT OF 1994

  Mr. RICHARDSON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4653) to settle Indian land claims within the State of 
Connecticut, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 4653

       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 47-59a(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 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, subject to the satisfaction of environmental 
     requirements otherwise applicable to actions under part 151 
     of title 25, Code of Federal Regulations, 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.

       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. Such exercise of criminal jurisdiction by the State 
     shall not affect the Tribe's concurrent jurisdiction over 
     such matters.

     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.

       (a) Notwithstanding any other provision of law, the Town 
     agreement entered into by the Mohegan Indian tribe and the 
     Town of Montville is hereby ratified and given full force and 
     effect.
       (b) The Secretary is authorized and directed to approve 
     future modifications to the Town Agreement mutually agreed to 
     by the parties and consistent with applicable law.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Mexico [Mr. Richardson] will be recognized for 20 minutes, and the 
gentleman from California [Mr. Doolittle] will be recognized for 20 
minutes.
  The Chair recognizes the gentleman from New Mexico [Mr. Richardson].
  (Mr. RICHARDSON asked and was given permission to revise and extend 
his remarks.)
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 4653 would settle the pending land claims of the 
Mohegan Indian Nation to lands within the State of Connecticut. The 
bill would ratify the agreements between the Mohegan Indian Nation, the 
State of Connecticut, and the town of Montville. It extinguishes the 
aboriginal land claims of the Mohegan Indian Nation to any public or 
private lands in the State of Connecticut. The bill validates any prior 
land transfers or conveyances whether or not they were made in 
accordance with the Indian Trade and Intercourse Act.
   H.R. 4653 authorizes the Secretary to accept land in trust for the 
benefit of the Mohegan Indian Nation. It extends State criminal 
jurisdiction over the Mohegan Indian Reservation. In addition, the bill 
discharges the State of Connecticut from all obligations and duties 
arising from any treaty or agreement with the Mohegan Indian Nation. 
Lastly, the bill provides that the Mohegan Indian Nation shall have the 
right to reinstate their land claim if any of the agreements between 
the tribe and the State are invalidated by a court of competent 
jurisdiction within 15 years from the date of the Secretarial notice.
  Finally, I would like to congratulate the parties to this important 
settlement on resolving some very difficult issues and reaching this 
historic agreement. I would also like to commend my colleague from 
Connecticut, Mr. Gejdenson  for all his hard work on this legislation 
and his fine work in the subcommittee on behalf of native Americans.
  Mr. Speaker, this bill is supported by the Mohegan Indian Tribe, the 
State of Connecticut, and the administration. It also enjoys bipartisan 
support. I urge my colleagues to support it.

                              {time}  1640

  Mr. Speaker, I reserve the balance of my time.
  Mr. DOOLITTLE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. DOOLITTLE. Mr. Speaker, I rise in support of H.R. 4653, the 
Mohegan Land Claims Settlement Act.
  This bill settles what could have been a protracted lawsuit between 
the State and the tribe, and involves no Federal funds. It is supported 
by both the committee's ranking Republican member, Don Young, and the 
ranking Republican member of the Subcommittee on Native American 
Affairs. I urge my colleagues to support it as well.
  Mr. Speaker, I yield back the balance of my time.
  Mr. RICHARDSON. Mr. Speaker, I yield such time as he may consume to 
the gentleman from Connecticut [Mr. Gejdenson], the author of this 
legislation.
  (Mr. GEJDENSON asked and was given permission to revise and extend 
his remarks.)
  Mr. GEJDENSON. Mr. Speaker, I would like to first obviously thank the 
gentleman from New Mexico [Mr. Richardson], Steve Heeley of his staff, 
the gentleman from Wyoming [Mr. Thomas], and Richard Houghton of his 
staff for all the support and work they have done on this legislation, 
particularly Mr. Houghton who has ancestral roots back to eastern 
Connecticut.
  And I just want to say that this is a model for other tribes and 
States and communities. The cooperation at every level of government 
really made this agreement work, with recognition by the BIA. But 
following that, the community pulled together rather than divided 
itself in battle.
  I just want to commend the tribe and its leadership and the local 
political leadership and the State leadership as well.
  I thank the subcommittee chairman, and particularly the gentleman 
from Wyoming [Mr. Thomas], and their staffs.
  Mr. Speaker, I rise in support of H.R. 4653, legislation I introduced 
to settle the land claims of the Mohegan Tribe of Connecticut. I want 
to thank Chairman Richardson for his assistance in moving this bill 
through the Natural Resources Committee. I also want to thank Steve 
Heeley of his staff for his expert advice and assistance.
  First and foremost, I would like to tell my colleagues what this bill 
does not do. It does not provide Federal recognition to the Mohegans. 
They endured a very long wait to go through the administrative process 
at the Bureau of Indian Affairs [BIA] and received Federal recognition 
in March of this year. This legislation does not provide for Federal 
payments or the transfer of Federal lands to the Mohegan Tribe. 
Instead, this legislation is the cap stone of a set of cooperative and 
mutually beneficial agreements negotiated by the Mohegans, State of 
Connecticut and the town of Montville. I applaud the willingness of the 
parties to work together and address issues important to them. I 
believe that this relationship could serve as a model for others across 
the country.
  H.R. 4653 as reported by the Natural Resources Committee is a 
consensus document supported by all the parties. It provides for the 
extinguishment of land claims made by the tribe in 1977. In an effort 
to address concerns of the American Land Title Association, the tribe 
agreed to amend the bill to make the extinguishment final 15 years 
after enactment. It authorizes the State to assume concurrent criminal 
jurisdiction over offenses committed by or against native Americans on 
Mohegan lands. The bill authorizes the Secretary of the Interior to 
take certain lands into trust for the benefit of the tribe. Finally, 
this legislation approves a cooperative agreement negotiated between 
the tribe and the town of Montville.
  The substitute offered by Chairman Richardson today is necessary 
because the Department of the Interior failed to provide the committee 
with its comments in a timely manner. The substitute makes largely 
technical changes to address the Department's concerns. It deletes a 
section authorizing the State traffic commission to have a role in 
planning how traffic around the reservation would be routed. We also 
deleted a reference to any predecessor or successor in interest to the 
Mohegan Tribe in section 5(b)(1). The Department was concerned that 
using these words in conjunction with language extinguishing land 
claims would adversely affect another group of Indians in my State. We 
added language to make it absolutely clear that the Mohegan Tribe 
retains concurrent jurisdiction over criminal offenses on its 
reservation. While the original bill did not preclude this, we have 
included a new sentence to accommodate the Department. Finally, we 
added language to address concerns that the United States not take any 
land into trust which could include some form of hazardous 
contamination. I believe these changes address the substantive concerns 
of the Department.
  Mr. Speaker, this legislation represents the culmination of a long 
journey for the Mohegan Tribe. It will allow it to proceed with 
economic development plans which will benefit its members and 
southeastern Connecticut as a whole. At the same time, by extinguishing 
land claims, this bill will remove a cloud which has hovered over 
property owners in Montville for many years. This bill is strongly 
supported by the tribe, the town, and the State. This legislation and 
agreements reached between the parties represent a win-win situation 
for all involved. I urge my colleagues to support it.
  Mr. RICHARDSON. Mr. Speaker, my accolades to the gentleman from 
Connecticut [Mr. Gejdenson] for putting together a very, very difficult 
compromise between the State, the Federal Government, and the community 
leaders. He is to be commended for his outstanding leadership.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore (Mr. de la Garza). The question is on the 
motion offered by the gentleman from New Mexico [Mr. Richardson], that 
the House suspend the rules and pass the bill, H.R. 4653, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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