?
L
103­
377,
1994
HR
4653
Page
1
PL
103­
377,
October
19,
1994,
108
Stat
3501
UNITED
STATES
PUBLIC
LAWS
103rd
Congress
­
Second
Session
Convening
January
25,
1994
COPR.
©
WEST
1994
No
Claim
to
Orig
.
U.
S
.
Govt.
Works
Additions
and
Deletions
are
not
identified
in
this
document
.

PL
103­
377
(
HR
4653)
October
19,
1994
MOHEGAN
NATION
OF
CONNECTICUT
LAND
CLAIMS
SETTLEMENT
ACT
OF
1994
An
Act
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,

«
25
USCA
§
1775
NOTE
»
SECTION
1
.
SHORT
TITLE.

This
Act
may
be
cited
as
the
"
Mohegan
Nation
of
Connecticut
Land
Claims
Settlement
Act
of
1994".

«
25
USCA
§
1775
»
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.

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HR
4653
Page
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PL
103­
377,
October
19,
1994,
108
Stat
3501
(
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
ofclaims
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).

«
25
USCA
§
1775a
»
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
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PL
103­
377,
1994
HR
4653
PL
103­
377,
October
19,
1994,
108
Stat
3501
,

the
Mohegan
Tribe,
that
was
filed
with
the
Secretary
of
State
of
the
State
of
Connecticut.
Page
3
(
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.

«
25
USCA
§
1775b
»
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
:

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103­
377,
October
19,
1994,
108
Stat
3501
(
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
Indiari,
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.

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PL
103­
377,
October
19,
1994,
108
Stat
3501
(
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.

«
25
USCA
§
1775c
»
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.

«
25
USCA
§
1775d
»
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
Copr.
©
West
2003
No
Claim
to
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S
.
Govt.
Works
PL
103­
377,
1994
HR
4653
Page
6
PL
103­
377,
October
19,
1994,
108
Stat
3501
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.

«
25
USCA
§
1775e
»
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.

«
25
USCA
§
1775f
»
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.

«
25
USCA
§
1775g
»
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
I
(
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.­­

Copr.
0
West
2003
No
Claim
to
Orig.
U.
S
.
Govt.
Works
PL
103­
377,
1994
HR
4653
PL
103­
377,
October
19,
1994,
108
Stat
3501
Page
7
(
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
.

«
25
USCA
§
1775h
»
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
FORFILING.­­
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).

Approved
October
19,
1994.

PL
103­
377,
1994
HR
4653
END
OF
DOCUMENT
Copr..
C
West
2003
No
Claim
to
Orig.
U.
S.
Govt.
Works
