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AUGUST 7, 2000

The state of Rhode Island has appealed a decision by the Department of Interior Board of Indian Appeals (IBIA) over its ruling upholding 32 acres of land to be taken into trust for the Narragansett Tribe.

The state filed suit in US District Court in Providence, Rhode Island. The state says the trust decision violates the 1978 Narragansett Settlement Act, which settled the tribe's land claims.

They also say it violates the Eleventh Amendment. They say land can't be removed from state jurisdiction with state sovereign assent.

The Settlement Act imposes criminal and civil jurisdiction, except in a few cases such as hunting, over all tribal land.

The IBIA in July upheld the Interior decision. The town of Charlestown tried to argue the tribe was going to use it for a casino but the IBIA disagreed, noting that the tribe has in fact, been using the land for housing.

Get the IBIA Decision:
Charlestown, Rhode Island, Town of v. Eastern Area Director (35 IBIA 93 6/29)

Get the Story:
State says land shouldn't be 'ripped' from its jurisdiction (The Providence Journal 8/6)
Narragansett trust ruling upheld (Tribal Law 07/05)

Relevant Links:
The US Department of Interior Office of Hearings and Appeals - www.doi.gov/oha/indexdec.htm