Mashantucket Pequot Indian Claims Settlement Act

(Measure passed Senate, amended in lieu of S. 2719)

Mashantucket Pequot Indian Claims Settlement Act - Provides for congressional approval and ratification, in accordance with all U.S. laws (including the Trade and Intercourse Act of 1790), all prior transfers of land or natural resources located : (1) within the United States, by or on behalf of the Mashantucket Pequot Tribe ("the Tribe") and (2) within the town of Ledyard, Connecticut, by or on behalf of any Indian, Indian nation, or tribe or band of Indians. Provides that this shall not be construed to affect or eliminate the personal claim of any individual Indian (except for a Federal common law fraud claim) which is pursued under any law of general applicability that protects non-Indians as well as Indians.

Sets forth provisions for the extinguishment of the Tribe's (or any other Indian's) aboriginal title or claims to such lands or natural resources. Directs the Secretary to publish notice in the Federal Register of the deposit of an appropriation in a fund established under this Act. Makes the date of such deposit the effective date of such extinguishment, approval, and ratification provisions.

Establishes in the Treasury the Mashantucket Pequot Settlement Fund, to be held in trust by the Secretary of the Interior for the benefit of the Tribe and administered in accordance with this Act. Directs the Secretary to expend, at the request of the Tribe, the principal and income of the Fund. Makes at least $600,000 of the Fund available until January 1, 1985, for the acquisition by the Secretary of private settlement lands. Directs the Secretary to make funds remaining from such $600,000 amount, along with funds not reserved, available to the Tribe only in accordance with an approved economic development plan submitted by the Tribe, unless the tribe specifically waives U.S. liability first. Provides that such lands or natural resources acquired for the Tribe which are within specified settlement lands shall be held in trust by the United States. Provides that such lands natural resources which are located outside such settlement land shall be held in fee by the Tribe, with the United States having no further responsibility, and shall not be subject to any restriction against alienation under Federal law or Connecticut State law. Requires the Secretary, before using his or her condemnation authority to acquire lands or natural resources for the tribe, to reach mutual agreement with the owner on the terms of the sale. Provides that transfers of specified private settlement lands shall be deemed to be involuntary conversions for Internal Revenue Code purposes. Authorizes the appropriation of $900,000 to be deposited in the fund.

Declares the Tribe's reservation and the settlement lands to be Indian country subject to State jurisdiction to the maximum extent provided in specified Federal law.

Sets limitations on actions questioning the constitutionality of this Act. Vests exclusive original jurisdiction of such actions in the U.S. District Court for the District of Connecticut. Permits defendants to remove such actions from State courts to such U.S. District Court.

Declares that, except as provided in this Act, nothing in this Act shall be construed to constitute a jurisdictional act, to confer jurisdiction to sue, or to grant implied consent to any Indian, Indian nation, or tribe or band of Indians to sue the United States or any of its officers with respect to the claims extinguished by the operation of this Act.

Subjects lands within the reservation and the settlement lands to Federal law relating to Indian lands, but permits the Tribe to lease lands for any term of years to the Mashantucket Pequot Housing Authority, or any successor in interest to such Authority.

Extends Federal recognition to the tribe. Provides that all Federal laws and regulations of general application to Indians or Indian nations, tribes, or bands of Indians which are not inconsistent with any specfic provision of this Act shall be applicable to the Tribe. Makes the Tribe and members of the Tribe eligible for all Federal services and benefits furnished to federally recognized Indians.

Requires the Tribe to file with the Secretary a copy of its organic governing document, and any amendment thereto, which must be consistent with the terms of this Act and of specified Connecticut law.

Declares that, except as expressly provided, this Act shall constitute a general discharge and release of all obligations of the State of Connecticut, its political subdivisions, agencies, departments, and their officers and employees arising from any treaty or agreement with or on behalf of the Tribe or the United States as its trustee.

Declares it to be the intention of Congress that: (1) if any provision relating to congressional approval of prior transfers and the extinguishment of aboriginal titles and claims is invalidated, this entire Act is invalidated; and (2) if any other provision of this Act is invalidated, the remaining provisions continue in full force and effect.