The Narragansett Tribe is urging Senator Jack Reed and Senator Sheldon Whitehouse to take an important stand and support legislation that recently was voted out of the Senate Indian Affairs Committee by unanimous consent. The legislation would correct a Supreme Court ruling that unfairly prohibits the Tribe from placing land in trust for the purpose of constructing much needed elderly housing on tribal land in Charlestown. Of equal importance is for the Senators to provide the important leadership to assist in educating all Rhode Islanders of the truth regarding the land in trust process.
At issue in the case is a 31-acre parcel in Charlestown purchased by the Narragansetts in 1991 for the purpose of constructing housing for elderly and low-income Tribal members. It had been seeking to place the parcel into federal trust under the Indian Reorganization Act (IRA) of 1934. The IRA is intended to apply equally to all federally recognized tribes including the Narragansetts, which were recognized through the federal acknowledgment process in 1983. The Supreme Court in a narrowly worded opinion found that the IRA did not apply to the Narragansetts because they were not under federal jurisdiction in 1934. Historically this is both an unfair and an absurd outcome given that to obtain federal recognition the Narragansetts had to demonstrate that they were an Indian tribe since 1900. It is also a historical fact that the federal government did not maintain a list of tribes at the time of the passage of the IRA in 1934.
It is unfortunate and a bit troublesome that gaming is the red herring that gives rise to Senator Reed and Whitehouses present lack of support. The Tribe is hopeful that both Senators understanding that the Tribes interests have nothing to do with gaming. In fact, the Senate Committee addressed that issue prior to passage of the proposed legislation. Moreover, the Indian Gaming Regulatory Act does not allow casino gaming on land taken in trust after 1988 except in very limited circumstances and only after the State concurs. The delegation should be fully aware of this fact and also that existing federal trust regulations require a tribe to identify the specific need and purpose of the lands being acquired.
Chief Sachem Matthew Thomas said, Its a simple matter of correcting a wrong and the Tribe is pleased that the Obama Administration and the Senate Indian Affairs Committee are supporting legislation that would make the appropriate language fix that would resolve this matter. The Tribe is only interested in being recognized as a Tribal nation historically and not excluded from having lands in trust by an artificial application of law that is a contradiction to history. The notion that the Tribe didnt officially exist until 1934 defies the truth. It is important for Senators Reed and Whitehouse to exhibit leadership and support Rhode Island s first Americans and correct this historical error.

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