PROVIDENCE R.I.
Rhode Island
authorities lost a lawsuit Friday disputing the federal government’s ability to
take land into trust for American Indian tribes, a case Indian rights groups
fear could undermine tribal land across the country.
In a 4-2 decision, the 1st U.S. Circuit Court of Appeals in
Boston rejected the state’s view that the 1934 Indian Reorganization Act
prevents the federal government from taking land into trust for tribes
recognized after the law took effect, unless Congress specifically authorized
it.
“This case affirms the tribe’s federal rights and
federal recognition, which have been a matter of debate between the tribe and
state for far too long,” said Jack Killoy, an attorney for the
Narragansett Indian Tribe.
Attorney General Patrick Lynch plans an appeal to the U.S.
Supreme Court, said his spokesman, Michael Healey.
At question is whether a 31-acre lot in Charlestown
purchased by the Narragansetts should be subject to Rhode Island law, including
a prohibition on casino gambling, or whether the parcel should be governed by
tribal and federal law.
The dispute began in 1991 when the Narragansetts purchased
the land to build an elderly housing complex, which remains incomplete. Acting
on the tribe’s request, the U.S. Department of the Interior moved to take the
land into federal trust, which would place it largely under tribal and federal
control.
