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Kennedy urged to support tribal land bill

01:00 AM EDT on Tuesday, October 20, 2009

By Paul Davis

Journal Staff Writer

CHARLESTOWN — A Native American advocacy group is urging U.S. Rep. Patrick Kennedy to support a bill that would make it easier for certain tribes — including the Narragansetts — to acquire land and have it placed in federal trust.

Kennedy –– co-chairman of the Congressional Native American Caucus — should “work toward the best interests” of Indians across the country, including the Narragansetts, said Domingo Monroe, chairman of the United for Justice Campaign.

In a recent letter, Monroe urged Kennedy to support a bill introduced by North Dakota Sen. Byron Dorgan, chairman of the Committee on Indian Affairs. The Dorgan bill would reverse a U.S. Supreme Court ruling that bans the U.S. Department of Interior from placing land in trust for certain tribes, including the Narragansetts.

Trust status puts Indian-owned land beyond the reach of state and local taxes and laws.

In 1998, the Interior Department agreed to place 31 acres owned by the Narragansetts into trust — a Charlestown parcel earmarked for elderly tribal housing. But state and local officials said the move would open the door to unregulated gambling and other enterprises, and sued in federal court to block it.

In February, the high court ruled that the Narragansett land did not qualify for trust status because the tribe was not under federal jurisdiction when Congress passed the Indian Reorganization Act in 1934. The tribe gained federal recognition in 1983.

The ruling “reversed over 75 years of federal Indian policy designed to protect Native lands and sovereignty,” Monroe said.

Experts on Indian law say the ruling could affect other tribes as well. It could also weaken tribal sovereignty and affect other issues unconnected to gambling, they say.

“All federally recognized tribal nations must be respected and treated equally,” Monroe said. “It is despicable to have Indian Country divided by pre- and post-1934 tribes. The Indian Reorganization Act never intended to be exclusive. Its intention was to reverse the policies of assimilation and to stop the encroachment and theft of indigenous lands.”

According to Monroe, Kennedy on his Web page refers to himself as “a staunch ally of Native Americans, whose voices have been silenced for centuries by our nation.”

“Our voices are not silent, they are just not being heard and our sovereignty is not being protected,” Monroe said. “We don’t need champions who only talk about indigenous rights, but do not act to protect them.”

A spokeswoman for Kennedy’s office could not be reached.

pdavis@projo.com

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