
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC1775g]

 
                            TITLE 25--INDIANS
 
               CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
 
   SUBCHAPTER IX--MOHEGAN NATION (CONNECTICUT) LAND CLAIMS SETTLEMENT
 
Sec. 1775g. 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 1775b(b) of this 
title, the State Agreement is invalidated by a court of competent 
jurisdiction, or if the gaming compact described in section 1775b(a)(1) 
of this title 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 1775b of this title 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 1775b of this title 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) of this section 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) of this section; 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.

(Pub. L. 103-377, Sec. 9, Oct. 19, 1994, 108 Stat. 3506.)
