2023 -- H 5969
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO PUBLIC PROPERTY AND WORKS -- NARRAGANSETT INDIAN LAND
MANAGEMENT CORPORATI ON
Introduced By: Representatives Henries, Sanchez, Morales, J. Lombardi, Felix, and
Alzate
Date Introduced: March 01, 2023
Referred To: House State Government & Elections
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 37-1
18 entitled "Narragansett Indian Land Management Corporation" are hereby repealed. 2
37-18-7. Transfer of property — Restrictions on use. 3
(a) Subject to the provisions of §§ 37-18-12, 37-18-13, and 37-18-14, upon the adoption of 4
a land use plan accepted by the town and the corporation pursuant to § 37-18-10 and the satisfaction 5
of the requirements set forth in § 37-18-8, the governor is authorized, empowered, and directed to 6
transfer, assign, and convey to the corporation in fee simple all the right, title, and interest of the 7
state in and to the following approximately nine hundred (900) acres of real estate located in the 8
town; 9
(1) The Indian Cedar Swamp management area; 10
(2) Indian Burial Hill; and 11
(3) The state land around Deep Pond. 12
(b) Provided, however, that the state shall retain control of and public access shall be 13
guaranteed to an adequate fishing area within the state land around Deep Pond, and provided, 14
further, that the governor is only authorized, empowered, and directed to transfer, assign, and 15
convey to the corporation the real estate which is located around Deep Pond upon the governor’s 16
making a finding that the required and appropriate federal approval of the transfer has been obtained 17
so that the transfer will not affect, in any adverse manner, any benefits received by the state under 18
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the Pittman Robertson Act, 16 U.S.C. § 669 et seq. and the Dingell Johnson Act, 16 U.S.C. § 777 1
et seq. 2
(c) Upon the same findings and determinations outlined above, the governor is authorized, 3
empowered, and directed to transfer, assign, and convey to the corporation and its assigns a 4
mutually acceptable exclusive (except as to lateral crossing) right and easement to pass by foot and 5
vehicle over a forty-five foot (45′) wide strip of state land located within the town between Kings 6
Factory Road and Watchaug Pond, and to use an area at the end of the strip sufficiently large for 7
the parking of automobiles and the launching of boats. 8
(d) The authority herein granted to the governor shall be in addition to any other authority 9
conferred upon him or her by law. The real estate conveyed by the state to the corporation pursuant 10
to the provisions of this section shall be held in perpetuity for conservation purposes and shall not 11
be improved or developed by the corporation. 12
37-18-10. Land use plan. 13
(a) All real property owned and held by the corporation shall be subject to a land use plan 14
prepared by the office of state planning within the department of administration. No less than 15
seventy-five percent (75%) of the land owned by the corporation, exclusive of the real property 16
described in § 37-18-7, shall not be improved and developed and shall be held in perpetuity for 17
conservation purposes, and the real property to be held in perpetuity for conservation purposes shall 18
be delineated in the land use plan. The land use plan shall be mutually acceptable to the corporation 19
and the town. Acceptance by the town of the plan shall not be unreasonably withheld. Upon 20
acceptance of the plan by the town, the town shall amend its zoning ordinance adopted pursuant to 21
chapter 24 of title 45 so as to conform to the plan. The zoning ordinance as amended shall govern 22
the land use of real property owned by the corporation and the ordinance shall not be further 23
amended in a manner inconsistent with the plan without the consent of the corporation; provided, 24
however, that the ordinance shall not be amended in any manner affecting the land designated in 25
the land use plan for conservation purposes. 26
(b) The corporation shall not be entitled to use any portion of the real property to be owned 27
and held by the corporation until such time as the land use plan is adopted by the corporation and 28
accepted by the town. 29
37-18-11. Civil and criminal jurisdiction. 30
Except as otherwise provided, the corporation and all its authorized activities shall be 31
subject to all the criminal and civil laws of the state and the town. 32
SECTION 2. Sections 37-18-2, 37-18-13 and 37-18-14 of the General Laws in Chapter 37-33
18 entitled "Narragansett Indian Land Management Corporation" are hereby amended to read as 34
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follows: 1
37-18-2. Definitions. 2
(a) “Corporation” means the Narragansett Indian land management corporation established 3
by § 37-18-3. 4
(b) “Federal recognition” means the formal acknowledgement of the existence of an 5
American Indian tribe pursuant to 25 U.S.C. § 1707 and 25 Code of Federal Regulations, Part 83. 6
(c) “Improvement” means land preparation and provision of public improvements such as 7
streets, sewers, and water lines needed for commercial and residential development. 8
(d) “Indian” means those descendants of the individuals named on the list established 9
pursuant to the Acts of 1880, ch. 800, § 4. 10
(e) “Indian corporation” means the Rhode Island non-business corporation known as the 11
Narragansett Tribe of Indians. 12
(f) “Land use plan” means the plan established by the division of statewide planning and 13
accepted by the town and the corporation. 14
(g) "Narragansett Indian Tribe" or "Narragansett Tribe of Indians" means the federally 15
acknowledged and recognized tribe by 25 CFR § 83.11; 48 Fed. Reg. 6177-78 (1983). 16
(g)(h) “Secretary of the interior” means the secretary of the United States department of 17
the interior. 18
(h)(i) “State” means the state of Rhode Island. 19
(i)(j) “Town” means the town of Charlestown, Rhode Island. 20
37-18-13. Transfer of land to Indian tribe. Transfer of land to the Narragansett Indian 21
Tribe. 22
Upon the presentation of federal recognition to the Narragansett Indian land management 23
corporation and the secretary of state Narragansett Indian Tribe, the Narragansett Indian land 24
management corporation shall forthwith transfer and convey to the federally recognized 25
Narragansett Tribe of Indians all powers, authority, rights, privileges, titles, and interest it may 26
possess to any and all real property acquired, owned, and held for the benefit of those individua ls 27
of Narragansett Indian ancestry set forth in the list established pursuant to P.L. 1880 ch. 800, § 4, 28
and thereafter, the Narragansett Indian land management corporation shall have no further interest 29
in the real property. All real property transferred by the Narragansett Indian land management 30
corporation to the federally recognized Narragansett Tribe of Indians pursuant to this provision: 31
(a) Shall be subject to the same conditions, restrictions, limitations, or responsibilities set 32
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 33
applicable to the corporation and all its authorized activities. 34
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(b) Shall be subject to the civil and criminal laws of the state of Rhode Island and the town 1
of Charlestown, Rhode Island, except as otherwise provided herein. 2
37-18-14. Transfer of state land to the Indian tribes. Transfer of state land to the 3
Narragansett Indian Tribe. 4
(a) Upon presentation of federal recognition to the Narragansett Indian land management 5
corporation Narragansett Indian Tribe and the secretary of state, the governor is authorized, 6
empowered, and directed to transfer, assign, and convey to the Narragansett Tribe of Indians in fee 7
simple all the right, title, and interest of the state in and to the following approximately nine hundred 8
(900) acres of real estate located in the town; 9
(1) The Indian Cedar Swamp management area; 10
(2) Indian Burial Hill; and 11
(3) The state land around Deep Pond. 12
(b) Provided, however, that the state shall retain control of and public access shall be 13
guaranteed to an adequate fishing area within the said state land around Deep Pond, and provided, 14
further, that the governor is only authorized, empowered, and directed to transfer, assign, and 15
convey to the Narragansett Tribe of Indians the real estate which is located around Deep Pond upon 16
the governor’s making a finding that the required and appropriate federal approval of the transfer 17
has been obtained so that the transfer will not affect, in any adverse manner, any benefits received 18
by the state under the Pittman Robertson Act, 16 U.S.C. § 669 et seq. and the Dingell Johnson Act, 19
16 U.S.C. § 777 et seq. 20
(c) Upon the same findings and determinations outlined above, the governor is authorized, 21
empowered, and directed to transfer, assign, and convey to the Narragansett Tribe of Indians and 22
its assigns a mutually acceptable exclusive (except as to lateral crossing) right and easement to pass 23
by foot and vehicle over a forty-five foot (45′) wide strip of state land located within the town 24
between Kings Factory Road and Watchaug Pond, and to use an area at the end of the strip 25
sufficiently large for the parking of automobiles and the launching of boats. 26
(d) The authority herein granted to the governor shall be in addition to any other authority 27
conferred upon him or her by law. The real estate conveyed by the state to the Narragansett Tribe 28
of Indians pursuant to the provisions of this section shall be subject to the civil and criminal laws 29
of the state of Rhode Island and the town of Charlestown, Rhode Island, except as otherwise 30
provided herein, and shall be held in perpetuity for conservation purposes and shall not be improved 31
or developed by the Narragansett Tribe of Indians. 32
SECTION 3. Chapter 37-18 of the General Laws entitled "Narragansett Indian Land 33
Management Corporation" is hereby amended by adding thereto the following sections: 34
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37-18-16. Name change. 1
Whenever in the general or public laws there appears any reference to the Narragansett 2
Indian land management corporation such reference shall be construed to refer to the Narragansett 3
Indian Tribe. 4
37-18-17. Sovereignty. 5
The State of Rhode Island hereby acknowledges the Narragansett Indian Tribe as the 6
aboriginal people of this land, sovereign to the territory of what is now known as Rhode Island. 7
37-18-18. Construction. 8
The provisions of this chapter shall be liberally construed in order to accomplish the 9
purposes hereof provided they are not inconsistent with the 1978 Rhode Island Indian Claims 10
Settlement Act. 11
37-18-19. Withdrawal. 12
The State of Rhode Island withdraws those parts of the 1978 Settlement Act which are 13
inconsistent with the provisions of this chapter, particularly the parts relating to public property and 14
works of the Narragansett Indian land management corporation and with the concurrence of the 15
Narragansett Indian Tribe. 16
SECTION 4. This act shall take effect upon passage. 17
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC PROPERTY AND WORKS -- NARRAGANSETT INDIAN LAN D
MANAGEMENT CORPORATI ON
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This act would repeal sections of the Narragansett Indian Land Management Corporation 1
Act and acknowledge the Narragansett Indian Tribe as the sole aboriginal people sovereign to the 2
territory of what is now known as Rhode Island. 3
This act would take effect upon passage. 4
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