Wednesday, October 15, 2008

NARRAGANSETTS ARE GOING TO THE U.S. SUPREME COURT

IN 1978, THE FEDERALLY RECOGNIZED NARRAGANSETT INDIAN TRIBE OF RHODE ISLAND, TOOK INTO TRUST APPROXIMATELY EIGHTEEN HUNDRED (1,800) ACRES OF LAND GIVEN TO THEM BY THE STATE OF RHODE ISLAND. THE TRANSACTION (SETTLEMENT) ENDED THE TRIBE'S LAND CLAIMS AND ESTABLISHED THEIR RESERVATION. WE HAVE BEEN TOLD THAT THE TRIBE GAVE CIVIL AND CRIMINAL JURISDICTION TO THE STATE.

THE CASE THAT IS GOING TO THE UNITED STATES SUPREME COURT, INVOLVES 31 ACRES OF LAND NEAR WESTERLY, RHODE ISLAND. THE NARRAGANSETTS WANT TO PUT THE 31 ACRES INTO TRUST. IN OTHER WORDS THAT WANT TO MAKE IT PART OF THEIR RESERVATION. WE HAVE BEEN TOLD THAT THE LAND WAS ORIGINALLY GOING TO BE USED FOR TRIBAL HOUSING. THEN THERE WAS TALK OF USING IT FOR ECONOMIC DEVELOPMENT, EVEN POSSIBLY A CASINO IN THE FUTURE.

HARRY STALEY, CHAIRMAN OF THE RHODE ISLAND STATEWIDE COALITION SAID, "IT COULD HAVE AN ENORMOUS IMPACT IN SO MANY WAYS."

ATTORNEY GENERAL RICHARD BLUMENTHAL OF CONNECTICUT, JOINED OTHER ATTORNEY GENERALS IN SUPPORT OF RHODE ISLAND, BELIEVE THE LAW IS CLEAR THAT THE UNITED STATES DEPARTMENT OF INTERIOR, SHOULD NOT TAKE LAND INTO TRUST FOR FEDERALLY RECOGNIZED TRIBES BECAUSE IT VIOLATES THE INDIAN REORGANIZATION ACT OF 1934. THE ATTORNEY GENERAL SAID, "QUITE SIMPLY, (A DECISION AGAINST THE STATES) COULD ELIMINATE ANY LIMIT ON THE PROPERTY THAT COULD BE TAKEN INTO TRUST ANYWHERE, ANY TIME, IN THE STATE OF CONNECTICUT, OR IN ANY OTHER STATE, BY A FEDERALLY RECOGNIZED TRIBE." HE FURTHER SAID, "THE IMPLICATIONS WOULD BE HUGE AND HISTORIC."

ARGUMENTS WILL BE HEARD ON THE CASE, BEFORE THE SURPEME COURT ON NOVEMBER 3, 2008.

IN MY OPINION, THIS CASE HAS NO BEARING ON THE MOHEGAN TRIBE BECAUSE THE TRIBE IS ENTITLED TO PUT UP TO 700 ACRES OF LAND INTO TRUST NOT COUNTING FORT SHANTOK. TO DATE I BELIEVE THE MOHEGAN TRIBE HAS ONLY PUT INTO TRUST AN ESTIMATED 400 ACRES. IT WILL BE INTERESTING TO SEE HOW THE CASE TURNS OUT. BROKENWING EDITORIALS WISH THE NARRAGANSETTS WELL IN THEIR LAWSUIT.

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