Narragansett Tribe plans to use land for housing

Friday, July 27, 2007  

The Narragansett Tribe of Rhode Island reiterated plans to build housing on land that has been the subject of a lengthy court battle.

The tribe bought 31 acres in the town of Charlestown and asked the Bureau of Indian Affairs to put the land in trust. The BIA agreed but the state filed a lawsuit, claiming the tribe isn't entitled to new trust lands.

The 1st Circuit Court of Appeals ruled in favor of the tribe and the BIA last week. Since the property in question lies outside of the tribe's 1,800-acre settlement reservation, state laws won't apply.

The tribe won't start construction until all appeals are exhausted. Chief Matthew Sachem acknowledged the land could be used for other purposes in addition to housing.

A rider in Public Law No: 104-208 bars the tribe's settlement lands from falling under the Indian Gaming Regulatory Act. The law doesn't say anything about trust lands outside of the 1,800 acres.

Get the Story:
Tribe must build houses on land (The Providence Journal 7/27)
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Lawmakers waiting for land case to play out (The Providence Journal 7/27)

Land-into-Trust Decision:
Carcieri v. Kempthorne (July 20, 2007)

Earlier 1st Circuit Decision:
Carcieri v. Norton (February 9, 2005)

Relevant Documents:
Carcieri v. Norton Briefs, Opinions (NARF-NCAI Tribal Supreme Court Project

Relevant Laws:
Rhode Island Indian Claims Settlement Act (US Code)

Relevant Links:
Narragansett Tribe - http://www.narragansett-tribe.org
Tribal Supreme Court Project - http://www.narf.org/sct/index.html

Related Stories:
State of Rhode Island loses land-into-trust case (7/23)
Court upholds Narragansett land-into-trust (7/20)
Appeals court hears land-into-trust dispute (1/10)
Appeals court to hear land-into-trust case (1/8)
Appeals court to rehear land-into-trust dispute (12/07)
High court rejects state raid, land claim (11/28)
Supreme Court won't hear land-into-trust cases (10/3)
Court subjects Narragansett Tribe to all state laws (05/25)
Appeals court hears tribal-state sovereignty dispute (12/07)
Narragansett Tribe back in court over sovereignty (12/6)
Rhode Island set to appeal trust land decision (09/16)
Trust land challenge rejected by appeals court (9/14)
Appeals court agrees to rehear sovereignty case (07/11)
Tribal sovereignty must be respected, court rules (05/13)
Appeals court sides with tribe in trust land dispute (02/10)
Court won't rehear challenge to tribal land base (05/21)
Massachusetts court deals blow to tribe's sovereignty (12/10)
R.I. tribe takes smokeshop case to higher court (01/27)
R.I. to appeal Narragansett land-into-trust case (10/1)
Judge affirms Narragansett Tribe land-into-trust (9/30)
State's raid on tribal land sparks strong reactions (07/16)
Court says U.S. can protect tribe's interests (02/04)
Land still in limbo after decade-long fight (10/16)
The day the Supreme Court said no (10/16)