2022 -- H 8194

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LC005644

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- NARRAGANSETT INDIAN LAND

MANAGEMENT CORPORATION

     Introduced By: Representatives Henries, Vella-Wilkinson, Morales, Williams, Felix,
Solomon, and Alzate

     Date Introduced: April 29, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 37-18-7, 37-18-10 and 37-18-11 of the General Laws in Chapter 37-

18 entitled "Narragansett Indian Land Management Corporation" are hereby repealed.

     37-18-7. Transfer of property -- Restrictions on use.

     (a) Subject to the provisions of §§ 37-18-12, 37-18-13, and 37-18-14, upon the adoption of

a land use plan accepted by the town and the corporation pursuant to § 37-18-10 and the satisfaction

of the requirements set forth in § 37-18-8, the governor is authorized, empowered, and directed to

transfer, assign, and convey to the corporation in fee simple all the right, title, and interest of the

state in and to the following approximately nine hundred (900) acres of real estate located in the

town;

     (1) The Indian Cedar Swamp management area;

     (2) Indian Burial Hill; and

     (3) The state land around Deep Pond.

     (b) Provided, however, that the state shall retain control of and public access shall be

guaranteed to an adequate fishing area within the state land around Deep Pond, and provided,

further, that the governor is only authorized, empowered, and directed to transfer, assign, and

convey to the corporation the real estate which is located around Deep Pond upon the governor's

making a finding that the required and appropriate federal approval of the transfer has been obtained

so that the transfer will not affect, in any adverse manner, any benefits received by the state under

the Pittman Robertson Act, 16 U.S.C. § 669 et seq. and the Dingell Johnson Act, 16 U.S.C. § 777

et seq.

     (c) Upon the same findings and determinations outlined above, the governor is authorized,

empowered, and directed to transfer, assign, and convey to the corporation and its assigns a

mutually acceptable exclusive (except as to lateral crossing) right and easement to pass by foot and

vehicle over a forty-five foot (45') wide strip of state land located within the town between Kings

Factory Road and Watchaug Pond, and to use an area at the end of the strip sufficiently large for

the parking of automobiles and the launching of boats.

     (d) The authority herein granted to the governor shall be in addition to any other authority

conferred upon him or her by law. The real estate conveyed by the state to the corporation pursuant

to the provisions of this section shall be held in perpetuity for conservation purposes and shall not

be improved or developed by the corporation.

     37-18-10. Land use plan.

     (a) All real property owned and held by the corporation shall be subject to a land use plan

prepared by the office of state planning within the department of administration. No less than

seventy-five percent (75%) of the land owned by the corporation, exclusive of the real property

described in § 37-18-7, shall not be improved and developed and shall be held in perpetuity for

conservation purposes, and the real property to be held in perpetuity for conservation purposes shall

be delineated in the land use plan. The land use plan shall be mutually acceptable to the corporation

and the town. Acceptance by the town of the plan shall not be unreasonably withheld. Upon

acceptance of the plan by the town, the town shall amend its zoning ordinance adopted pursuant to

chapter 24 of title 45 so as to conform to the plan. The zoning ordinance as amended shall govern

the land use of real property owned by the corporation and the ordinance shall not be further

amended in a manner inconsistent with the plan without the consent of the corporation; provided,

however, that the ordinance shall not be amended in any manner affecting the land designated in

the land use plan for conservation purposes.

     (b) The corporation shall not be entitled to use any portion of the real property to be owned

and held by the corporation until such time as the land use plan is adopted by the corporation and

accepted by the town.

     37-18-11. Civil and criminal jurisdiction.

     Except as otherwise provided, the corporation and all its authorized activities shall be

subject to all the criminal and civil laws of the state and the town.

     SECTION 2. The title of Chapter 37-18 of the General Laws entitled "Narragansett Indian

Land Management Corporation" is hereby amended to read as follows:

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CHAPTER 37-18

Narragansett Indian Land Management Corporation

CHAPTER 37-18

NARRAGANSETT INDIAN TRIBE

     SECTION 3. Sections 37-18-2, 37-18-13 and 37-18-14 of the General Laws in Chapter 37-

18 entitled "Narragansett Indian Land Management Corporation" are hereby amended to read as

follows:

     37-18-2. Definitions.

     As used in this chapter:

     (a)(1) "Corporation" means the Narragansett Indian land management corporation

established by § 37-18-3.

     (b)(2) "Federal recognition" means the formal acknowledgement of the existence of an

American Indian tribe pursuant to 25 U.S.C. § 1707 and 25 Code of Federal Regulations, Part 83.

     (c)(3) "Improvement" means land preparation and provision of public improvements such

as streets, sewers, and water lines needed for commercial and residential development.

     (d)(4) "Indian" means those descendants of the individuals named on the list established

pursuant to the Acts of 1880, ch. 800, § 4.

     (e)(5) "Indian corporation" means the Rhode Island non-business corporation known as the

Narragansett Tribe of Indians Narragansett Indian Land Management Corporation.

     (f)(6) "Land use plan" means the plan established by the division of statewide planning and

accepted by the town and the corporation.

     (7) "Narragansett Indian Tribe" or "Narragansett Tribe of Indians" means the federally

acknowledged and recognized tribe by 25 CFR § 83.11; 48 Fed. Reg. 6177-78 (1983).

     (g)(8) "Secretary of the interior" means the secretary of the United States department of

the interior.

     (h)(9) "State" means the state State of Rhode Island.

     (i)(10) "Town" means the town of Charlestown, Rhode Island.

     37-18-13. Transfer of land to Indian tribe Transfer of land to Narragansett Indian

tribe.

     Upon the presentation of federal acknowledgement and recognition to the Narragansett

Indian Tribe land management corporation and the secretary of state, the Narragansett Indian land

management corporation shall forthwith transfer and convey to the federally recognized

Narragansett Tribe of Indians all powers, authority, rights, privileges, titles, and interest it may

possess to any and all real property acquired, owned, and held for the benefit of those individuals

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of Narragansett Indian ancestry set forth in the list established pursuant to P.L. 1880 ch. 800, § 4,

and thereafter, the Narragansett Indian land management corporation shall have no further interest

in the real property. All real property transferred by the Narragansett Indian land management

corporation to the federally recognized Narragansett Tribe of Indians pursuant to this provision:

     (a) Shall be subject to the same conditions, restrictions, limitations, or responsibilities set

forth in §§ 37-18-6(m)(2) and (m)(3), 37-18-8, 37-18-9, 37-18-10, and 37-18-11 hereof as are

applicable to the corporation and all its authorized activities.

     (b) Shall be subject to the civil and criminal laws of the state of Rhode Island and the town

of Charlestown, Rhode Island, except as otherwise provided herein.

     37-18-14. Transfer of state land to the Indian tribes Transfer of state land to the

Narragansett Indian tribe.

     (a) Upon presentation of federal acknowledgement and recognition to the Narragansett

Indian Tribe land management corporation and the secretary of state, the governor is authorized,

empowered, and directed to transfer, assign, and convey to the Narragansett Tribe of Indians in fee

simple all the right, title, and interest of the state in and to the following approximately nine hundred

(900) acres of real estate located in the town;

     (1) The Indian Cedar Swamp management area;

     (2) Indian Burial Hill; and

     (3) The state land around Deep Pond.

     (b) Provided, however, that the state shall retain control of and public access shall be

guaranteed to an adequate fishing area within the said state land around Deep Pond, and provided,

further, that the governor is only authorized, empowered, and directed to transfer, assign, and

convey to the Narragansett Tribe of Indians the real estate which is located around Deep Pond upon

the governor's making a finding that the required and appropriate federal approval of the transfer

has been obtained so that the transfer will not affect, in any adverse manner, any benefits received

by the state under the Pittman Robertson Act, 16 U.S.C. § 669 et seq. and the Dingell Johnson Act,

16 U.S.C. § 777 et seq.

     (c) Upon the same findings and determinations outlined above, the governor is authorized,

empowered, and directed to transfer, assign, and convey to the Narragansett Tribe of Indians and

its assigns a mutually acceptable exclusive (except as to lateral crossing) right and easement to pass

by foot and vehicle over a forty-five foot (45') wide strip of state land located within the town

between Kings Factory Road and Watchaug Pond, and to use an area at the end of the strip

sufficiently large for the parking of automobiles and the launching of boats.

     (d) The authority herein granted to the governor shall be in addition to any other authority

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conferred upon him or her by law. The real estate conveyed by the state to the Narragansett Tribe

of Indians pursuant to the provisions of this section shall be subject to the civil and criminal laws

of the state of Rhode Island and the town of Charlestown, Rhode Island, except as otherwise

provided herein, and shall be held in perpetuity for conservation purposes and shall not be improved

or developed by the Narragansett Tribe of Indians.

     SECTION 4. Chapter 37-18 of the General Laws entitled "Narragansett Indian Land

Management Corporation" is hereby amended by adding thereto the following sections:

     37-18-16. Name Change.

     Whenever in the general or public laws there appears any reference to the Narragansett

Indian Land Management Corporation such reference shall be construed to refer to the Narragansett

Indian Tribe.

     37-18-17. Sovereignty.

     The State of Rhode Island hereby acknowledges the Narragansett Indian Tribe as the

aboriginal people of this land sovereign to the territory of what is now known as Rhode Island.

     37-18-18. Construction.

     The provisions of this chapter shall be liberally construed in order to accomplish the

purposes hereof provided they are not inconsistent with the 1978 Rhode Island Indian Claims

Settlement Act.

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- NARRAGANSETT INDIAN LAND

MANAGEMENT CORPORATION

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     This act would repeal the authority of the governor to transfer property interests of the state

in Charlestown and further restrict the state from retaining control of certain public access and

easements. It would also revoke the restrictions that the Narragansett Indian Tribe be subject to a

land use plan and the jurisdiction of the criminal and civil laws of the state and town. The act would

also acknowledge the Narragansett Indian Tribe as the sole aboriginal people sovereign to the

territory of Rhode Island.

     This act would take effect upon passage.

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