Rhode Island appealing order on Indian land

Richard C. Lewis

Wednesday, Nov. 26, 2003 | 8:59 a.m.

PROVIDENCE, R.I. -- Saying it fears the Narragansett Indians could use the land for a casino, the state plans to appeal a recent court order that puts at least 31 acres of tribal land in federal trust, a lawyer said Monday.

The tribe has said it will use the designated land for housing.

In September U.S. District Judge Mary Lisi ruled the parcel of land could be placed in federal trust. Such an arrangement would free the tribe's property from state and local taxes and laws. The state and Charlestown are concerned the Narragansetts then would build a casino or ignore zoning laws on any development there.

"I don't think Charlestown would want a 12-story building in a pristine area that people enjoy," said attorney Joseph Larisa, who represents the town of Charlestown.

The U.S. Department of the Interior had resisted the state's attempt to appeal, but Larisa said all sides agreed over the weekend that the appeal can go forward.

The Narragansetts purchased the acres from a private developer in 1991. Seven years later, they agreed to the Interior Department's call for the land to be used for tribal housing. So far, the tribe has built 12 unfinished houses and six concrete foundations. It says it does not intend to build a casino at the site.

The state contends that if the Narragansetts prevail the ruling would allow them or other tribes could buy land, and then seek to put it in federal trust. The state would be powerless to control what's developed there, or collect taxes, Deputy Attorney General Gerry Coyne said.

"The issue is whether the tribe has the ability to expand its sovereignty, and for the tribe to expand sovereignty, that would come at the expense of the state," Coyne said.

The disputed land was not part of the 1978 agreement that gave the tribe 1,800 acres in Charlestown. The terms of that deal are also in question, as the Narragansetts and the state dispute whether the tribe must obey state tax laws for businesses it operates on that land.

The tribe began selling tobacco products on that land without paying state taxes in July. State police forcibly closed the store days later. That dispute is now in federal court.