
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
