The town of Charlestown is the only community in Rhode Island within which Settlement
Lands of the Narragansett Indian Tribe are located. Those lands presently
are the subject of disputes over the extent to which they should
be subject to the laws of Rhode Island. The Rhode Island Statewide
Coalition, pursuing its mandate to protect the quality of life in
the region, is closely monitoring developments because of concerns
for the possibility that a gambling casino or other large-scale commercial
development may be proposed on settlement lands in Charlestown.
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The lands are regulated in their use by applicable federal and state laws, including
the federal Rhode Island Indian Claims Settlement Act of 1978, which
states that the settlement lands shall be subject to the civil and
criminal laws and jurisdiction of the State of Rhode Island.? These
settlement lands are held in trust by the federal government for the
benefit of the Narragansett Indian Tribe. As a federally recognized
tribe, the Narragansetts may participate in many federal programs.
The tribe currently is seeking to complete the development of 12 housing
units under a Department of Housing and Urban Development program.
In a recent decision, a Federal District Court judge in Rhode Island
ruled that the land in this housing development is outside the jurisdiction
of Rhode Island. Both the state and the Town of Charlestown have appealed
that ruling.
In addition, the Narragansett Indian Tribe has re-filed
deeds for settlement lands to drop language acknowledging that the
laws of the State of Rhode Island apply to the lands. Both the Town
of Charlestown and the State of Rhode Island have challenged the re-filed
deeds in court. The Narragansetts have a total of about 1,800 acres
in settlement lands in Charlestown, with about half the land covered
by conservation easements that place additional restrictions on land
use.
RISC and its members will continue to monitor closely
all the legal proceedings. RISC is currently developing a working relationship
with town officials for the purpose of providing timely and accurate
information about its public positions. As the process of resolving
these disputes move forward, RISC intends to issue timely updates to
its members relating to the general concerns, the decisions of the
courts and the anticipated impacts of any developments.
RISC is represented by Attorney Bruce Goodsell, who was
special counsel for Indian Affairs for the Town of Charlestown for
a period spanning 14 years.
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