FROM THE ARCHIVE

Officials can't remember Pequot history

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OCTOBER 2, 2000

State officials and lawmakers can't seem to agree on the purpose or history surrounding the 1983 Mashantucket Pequot Settlement Act and former Governor William A. O'Neill says Congress needs to amend it to prevent the tribe from enlarging its reservation.

The Second Circuit Court of Appeals ruled last week that nothing in the act prevents the tribe from buying land and asking the Department of Interior to take it into trust. In looking at legislative intent, as well as prior land claims settlement laws in Maine, the court concluded that lawmakers knew how to limit future reservation expansion but chose not to do so in the Pequot case.

The court also said the Indian Reorganization Act allows the Interior to take land into trust for any federally recognized tribe. Additionally, should any ambiguity arise, resolution should be in favor of the tribe.

Attorney General Richard Blumenthal told The New London Day that amending the law is possible. However, he said he is leaning towards an appeal, which could go to the Supreme Court, or back to the Second Circuit for a full nine-justice hearing, or to US District Court in Connecticut for a consideration of other issues.

Get the Ruling:
Connecticut v. Babbitt (Second Circuit Court of Appeals. No. 99-6042. September 2000)

Get the Story:
Participants In 1983 Settlement Act Sharply Disagree On Intent Of Setting Mashantucket Land Boundaries (The New London Day 9/28) (The New London Day 10/2)

Related Stories:
Dialogue urged between tribe, towns (The Talking Circle 9/29)
Pequot tribe tries to assuage fears (Tribal Law 9/28)
Towns want 'sloppy' legislation fixed (Tribal Law 9/27)
Residents want tribe to pay taxes (Tribal Law 9/27)
Tribe wants to add more land (Tribal Law 9/27)
Does a Pequot empire await? (Tribal Law 9/27)
Court rules against anti-Pequot towns (Tribal Law 9/26)
Towns optimistic about Pequot suit (Tribal Law 06/15)

Relevant Links:
The Second Circuit Court of Appeals - www.law.pace.edu/lawlib/legal/us-legal/judiciary/second-circuit.html