§ 1775b. — Action by Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1775b]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER IX--MOHEGAN NATION (CONNECTICUT) LAND CLAIMS SETTLEMENT
Sec. 1775b. Action by Secretary
(a) In general
The Secretary is authorized to carry out the duties specified in
subsection (b) of this section 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) of this
section 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) of this
section, 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) of this section, 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) of this section, 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) of this section.
(f) Limitation
(1) In general
Except as provided in paragraph (2) and subject to subsection
(g) of this section, 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.
(Pub. L. 103-377, Sec. 4, Oct. 19, 1994, 108 Stat. 3502.)
References in Text
The Indian Gaming Regulatory Act, referred to in subsec. (a)(1), is
Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467, as amended, which is
classified principally to chapter 29 (Sec. 2701 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2701 of this title and Tables.
The Trade and Intercourse Act of 1790, referred to in subsecs.
(c)(2)(B) and (d)(2), is act July 22, 1790, ch. 33, 1 Stat. 137, which
is not classified to the Code.
Section Referred to in Other Sections
This section is referred to in section 1775g of this title.
