Fear of gaming has been a driving force in the state of Rhode Island's land-into-trust lawsuit.

The state is trying to prevent the Interior Department from acquiring 31 acres for the Narragansett Tribe. The tribe plans to use the land for a housing project.

But once the land is taken into trust, it won't fall under state jurisdiction -- unlike the tribe's existing 1,800-acre reservation. That has the state worried that the tribe will someday try to use the site for gaming.

The tribe can't use its reservation for gaming due to a Congressional rider. The law was passed in 1996 after the tribe won a court victory that could have led to gaming.

Outside the reservation, the issue remains open. But even if the 31 acres were taken into trust, the tribe can't use it for a casino without going through the two-part determination process of the Indian Gaming Regulatory Act, which requires state approval.

The 1st Circuit Court of Appeals heard the dispute on Tuesday. A government lawyer acknowledged the tribe could use the land for something other than housing but did not specifically mention the gaming requirements.

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Fear of casino hovers over tribe's 31 acres (The Providence Journal 1/11)