Appeals court to hear land-into-trust case

Monday, January 8, 2007  

The 1st Circuit Court of Appeals will hear arguments on Tuesday in the Narragansett Tribe's land-into-trust case.

The tribe wants 31 acres placed in trust for a housing project. The Bureau of Indian Affairs approved the application but the state and the town of Charlestown have been fighting it for nearly a decade.

The land is located outside the boundaries of the reservation that was established for the tribe by a special act of Congress. As a result, a three-judge panel of the court said the land won't be subject to state civil and criminal laws.

The state petitioned the court for a rehearing, a request that was granted last month. A panel of six judges -- the same ones who ruled 4-2 against the tribe in a sovereignty dispute -- will hear the case at 2pm on Tuesday afternoon in Boston, Massachusetts.

1st Circuit Decision:
Carcieri v. Norton (September 13, 2005)

Earlier 1st Circuit Decision:
Carcieri v. Norton (February 9, 2005)

Relevant Documents:
Carcieri v. Norton Briefs, Opinions (NARF-NCAI Tribal Supreme Court Project

Relevant Laws:
Rhode Island Indian Claims Settlement Act (US Code)

Relevant Links:
Narragansett Tribe - http://www.narragansett-tribe.org
Tribal Supreme Court Project - http://www.narf.org/sct/index.html

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