[Congressional Record Volume 140, Number 141 (Monday, October 3, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    MOHEGAN NATION OF CONNECTICUT LAND CLAIMS SETTLEMENT ACT OF 1994

  Mr. FORD. Mr. President, I ask unanimous consent that the Senate turn 
to the consideration of Calendar Order No. 576, S. 2329, a bill to 
settle certain Indian land claims within the State of Connecticut; that 
the committee substitute be agreed to and the bill read a third time; 
that the Senate proceed to the consideration of House companion, H.R. 
4653, Calendar Order No. 553; that all after the enacting clause be 
stricken and the text of S. 2329, as amended, be inserted in lieu 
thereof, the bill read a third time, and passed, the motion to 
reconsider laid on the table; that S. 2329 then be indefinitely 
postponed, and any statement thereon appear in the Record at the 
appropriate place.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the bill (H.R. 4653), as amended, was passed, 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. 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).

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