|
Bills may reverse Carcieri decision |
|
Friday, 23 October 2009 |
By ANDREW MARTIN
CHARLESTOWN – Two new bills in the United States Congress aim to reverse the outcome of the Carcieri v. Salazar case. The decision, which was made in Carcieri’s favor earlier this year, essentially prohibits the Narragansett Indian Tribe from taking its 32-acre parcel into trust.
At the last Charlestown Town Council meeting on Oct. 13, Town Solicitor on Indian Affairs Joseph Larisa discussed these two bills. He explained that this legislation represents “a move afoot to reverse [Carcieri’s] victory.
Larisa explained that there have been no hearings on the bills, which are presently in the House of Representatives and Senate. The fear, he said, is that these bills could be attached as an amendment to another document.
“So we are monitoring that legislation closely” to make sure that doesn’t happen, Larisa said.
There are a total of three pieces of legislation in Congress that look to overturn the decision of the Carcieri v. Salazar case, which was heard by the U.S. Supreme Court. They were all introduced within a few weeks of each other.
One of the bills was introduced in late September by Sen. Bryan Dorgan (D-N.D), who is also the Chairman of the Senate Indian Affairs Committee. In a prepared statement, he said the court ruling, if allowed to stand, would create two classes of tribes in the country:
“Those who were recognized as of 1934, for whom land may be taken into trust, and those recognized after 1934 that would be unable to have land taken into trust,” Dorgan said. “Creating two classes of tribes is unacceptable and contrary to prior acts of Congress.”
If Congress does not act, Dorgan added, the ruling will create havoc for tribes across the country.
Another concern raised by Larisa is what could happen if the tribe took its land into trust with intentions outside of a casino. He said that a bill passed with a casino restriction could allow the Narragansetts to create “Indian Country,” which would make the land sovereign.
As a result, Larisa said the tribe would not be restricted by town and state laws. He added that it would allow for such commercial ventures as a race track or car dealership without any town involvement.
Larisa then commended the council for passing a resolution earlier this year that asks the state’s congressional delegation to oppose any bill that would overturn the Carcieri v. Salazar decision. And, he said, eight other municipalities in Rhode Island have passed a similar resolution. |
