108 STAT. 3506 PUBLIC LAW 103-377 —OCT. 19, 1994 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 USC 1775g. SEC. 9. EFFECT OF REVOCATION OF STATE AGREEMENT. (a) IN GENERAL.—I f, 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 1(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, £Uid 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. — (1) IN GENERAL. —I f a State Agreement or compact or agreement described in subsection (a) is invaUdated 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 iuvaUdation, 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 Utigation, except that, if any such action is reinstated, any defense that would have been avedlable 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 conmiencement of the reinstated action.
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