Rhode Island 2023 Regular Session

Rhode Island House Bill H5969 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5969
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7	7	LC001467
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO PUBLIC PROPERTY AND WORKS -- NARRAGANSETT INDIAN LAND
16	16	MANAGEMENT CORPORATI ON
17	17	Introduced By: Representatives Henries, Sanchez, Morales, J. Lombardi, Felix, and
18	18	Alzate
19	19	Date Introduced: March 01, 2023
20	20	Referred To: House State Government & Elections
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22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Sections 37-18-7, 37-18-10 and 37-18-11 of the General Laws in Chapter 37-1
25	25	18 entitled "Narragansett Indian Land Management Corporation" are hereby repealed. 2
26	26	37-18-7. Transfer of property — Restrictions on use. 3
27	27	(a) Subject to the provisions of §§ 37-18-12, 37-18-13, and 37-18-14, upon the adoption of 4
28	28	a land use plan accepted by the town and the corporation pursuant to § 37-18-10 and the satisfaction 5
29	29	of the requirements set forth in § 37-18-8, the governor is authorized, empowered, and directed to 6
30	30	transfer, assign, and convey to the corporation in fee simple all the right, title, and interest of the 7
31	31	state in and to the following approximately nine hundred (900) acres of real estate located in the 8
32	32	town; 9
33	33	(1) The Indian Cedar Swamp management area; 10
34	34	(2) Indian Burial Hill; and 11
35	35	(3) The state land around Deep Pond. 12
36	36	(b) Provided, however, that the state shall retain control of and public access shall be 13
37	37	guaranteed to an adequate fishing area within the state land around Deep Pond, and provided, 14
38	38	further, that the governor is only authorized, empowered, and directed to transfer, assign, and 15
39	39	convey to the corporation the real estate which is located around Deep Pond upon the governor’s 16
40	40	making a finding that the required and appropriate federal approval of the transfer has been obtained 17
41	41	so that the transfer will not affect, in any adverse manner, any benefits received by the state under 18
42	42
43	43
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45	45	the Pittman Robertson Act, 16 U.S.C. § 669 et seq. and the Dingell Johnson Act, 16 U.S.C. § 777 1
46	46	et seq. 2
47	47	(c) Upon the same findings and determinations outlined above, the governor is authorized, 3
48	48	empowered, and directed to transfer, assign, and convey to the corporation and its assigns a 4
49	49	mutually acceptable exclusive (except as to lateral crossing) right and easement to pass by foot and 5
50	50	vehicle over a forty-five foot (45′) wide strip of state land located within the town between Kings 6
51	51	Factory Road and Watchaug Pond, and to use an area at the end of the strip sufficiently large for 7
52	52	the parking of automobiles and the launching of boats. 8
53	53	(d) The authority herein granted to the governor shall be in addition to any other authority 9
54	54	conferred upon him or her by law. The real estate conveyed by the state to the corporation pursuant 10
55	55	to the provisions of this section shall be held in perpetuity for conservation purposes and shall not 11
56	56	be improved or developed by the corporation. 12
57	57	37-18-10. Land use plan. 13
58	58	(a) All real property owned and held by the corporation shall be subject to a land use plan 14
59	59	prepared by the office of state planning within the department of administration. No less than 15
60	60	seventy-five percent (75%) of the land owned by the corporation, exclusive of the real property 16
61	61	described in § 37-18-7, shall not be improved and developed and shall be held in perpetuity for 17
62	62	conservation purposes, and the real property to be held in perpetuity for conservation purposes shall 18
63	63	be delineated in the land use plan. The land use plan shall be mutually acceptable to the corporation 19
64	64	and the town. Acceptance by the town of the plan shall not be unreasonably withheld. Upon 20
65	65	acceptance of the plan by the town, the town shall amend its zoning ordinance adopted pursuant to 21
66	66	chapter 24 of title 45 so as to conform to the plan. The zoning ordinance as amended shall govern 22
67	67	the land use of real property owned by the corporation and the ordinance shall not be further 23
68	68	amended in a manner inconsistent with the plan without the consent of the corporation; provided, 24
69	69	however, that the ordinance shall not be amended in any manner affecting the land designated in 25
70	70	the land use plan for conservation purposes. 26
71	71	(b) The corporation shall not be entitled to use any portion of the real property to be owned 27
72	72	and held by the corporation until such time as the land use plan is adopted by the corporation and 28
73	73	accepted by the town. 29
74	74	37-18-11. Civil and criminal jurisdiction. 30
75	75	Except as otherwise provided, the corporation and all its authorized activities shall be 31
76	76	subject to all the criminal and civil laws of the state and the town. 32
77	77	SECTION 2. Sections 37-18-2, 37-18-13 and 37-18-14 of the General Laws in Chapter 37-33
78	78	18 entitled "Narragansett Indian Land Management Corporation" are hereby amended to read as 34
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80	80
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82	82	follows: 1
83	83	37-18-2. Definitions. 2
84	84	(a) “Corporation” means the Narragansett Indian land management corporation established 3
85	85	by § 37-18-3. 4
86	86	(b) “Federal recognition” means the formal acknowledgement of the existence of an 5
87	87	American Indian tribe pursuant to 25 U.S.C. § 1707 and 25 Code of Federal Regulations, Part 83. 6
88	88	(c) “Improvement” means land preparation and provision of public improvements such as 7
89	89	streets, sewers, and water lines needed for commercial and residential development. 8
90	90	(d) “Indian” means those descendants of the individuals named on the list established 9
91	91	pursuant to the Acts of 1880, ch. 800, § 4. 10
92	92	(e) “Indian corporation” means the Rhode Island non-business corporation known as the 11
93	93	Narragansett Tribe of Indians. 12
94	94	(f) “Land use plan” means the plan established by the division of statewide planning and 13
95	95	accepted by the town and the corporation. 14
96	96	(g) "Narragansett Indian Tribe" or "Narragansett Tribe of Indians" means the federally 15
97	97	acknowledged and recognized tribe by 25 CFR § 83.11; 48 Fed. Reg. 6177-78 (1983). 16
98	98	(g)(h) “Secretary of the interior” means the secretary of the United States department of 17
99	99	the interior. 18
100	100	(h)(i) “State” means the state of Rhode Island. 19
101	101	(i)(j) “Town” means the town of Charlestown, Rhode Island. 20
102	102	37-18-13. Transfer of land to Indian tribe. Transfer of land to the Narragansett Indian 21
103	103	Tribe. 22
104	104	Upon the presentation of federal recognition to the Narragansett Indian land management 23
105	105	corporation and the secretary of state Narragansett Indian Tribe, the Narragansett Indian land 24
106	106	management corporation shall forthwith transfer and convey to the federally recognized 25
107	107	Narragansett Tribe of Indians all powers, authority, rights, privileges, titles, and interest it may 26
108	108	possess to any and all real property acquired, owned, and held for the benefit of those individua ls 27
109	109	of Narragansett Indian ancestry set forth in the list established pursuant to P.L. 1880 ch. 800, § 4, 28
110	110	and thereafter, the Narragansett Indian land management corporation shall have no further interest 29
111	111	in the real property. All real property transferred by the Narragansett Indian land management 30
112	112	corporation to the federally recognized Narragansett Tribe of Indians pursuant to this provision: 31
113	113	(a) Shall be subject to the same conditions, restrictions, limitations, or responsibilities set 32
114	114	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
115	115	applicable to the corporation and all its authorized activities. 34
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119	119	(b) Shall be subject to the civil and criminal laws of the state of Rhode Island and the town 1
120	120	of Charlestown, Rhode Island, except as otherwise provided herein. 2
121	121	37-18-14. Transfer of state land to the Indian tribes. Transfer of state land to the 3
122	122	Narragansett Indian Tribe. 4
123	123	(a) Upon presentation of federal recognition to the Narragansett Indian land management 5
124	124	corporation Narragansett Indian Tribe and the secretary of state, the governor is authorized, 6
125	125	empowered, and directed to transfer, assign, and convey to the Narragansett Tribe of Indians in fee 7
126	126	simple all the right, title, and interest of the state in and to the following approximately nine hundred 8
127	127	(900) acres of real estate located in the town; 9
128	128	(1) The Indian Cedar Swamp management area; 10
129	129	(2) Indian Burial Hill; and 11
130	130	(3) The state land around Deep Pond. 12
131	131	(b) Provided, however, that the state shall retain control of and public access shall be 13
132	132	guaranteed to an adequate fishing area within the said state land around Deep Pond, and provided, 14
133	133	further, that the governor is only authorized, empowered, and directed to transfer, assign, and 15
134	134	convey to the Narragansett Tribe of Indians the real estate which is located around Deep Pond upon 16
135	135	the governor’s making a finding that the required and appropriate federal approval of the transfer 17
136	136	has been obtained so that the transfer will not affect, in any adverse manner, any benefits received 18
137	137	by the state under the Pittman Robertson Act, 16 U.S.C. § 669 et seq. and the Dingell Johnson Act, 19
138	138	16 U.S.C. § 777 et seq. 20
139	139	(c) Upon the same findings and determinations outlined above, the governor is authorized, 21
140	140	empowered, and directed to transfer, assign, and convey to the Narragansett Tribe of Indians and 22
141	141	its assigns a mutually acceptable exclusive (except as to lateral crossing) right and easement to pass 23
142	142	by foot and vehicle over a forty-five foot (45′) wide strip of state land located within the town 24
143	143	between Kings Factory Road and Watchaug Pond, and to use an area at the end of the strip 25
144	144	sufficiently large for the parking of automobiles and the launching of boats. 26
145	145	(d) The authority herein granted to the governor shall be in addition to any other authority 27
146	146	conferred upon him or her by law. The real estate conveyed by the state to the Narragansett Tribe 28
147	147	of Indians pursuant to the provisions of this section shall be subject to the civil and criminal laws 29
148	148	of the state of Rhode Island and the town of Charlestown, Rhode Island, except as otherwise 30
149	149	provided herein, and shall be held in perpetuity for conservation purposes and shall not be improved 31
150	150	or developed by the Narragansett Tribe of Indians. 32
151	151	SECTION 3. Chapter 37-18 of the General Laws entitled "Narragansett Indian Land 33
152	152	Management Corporation" is hereby amended by adding thereto the following sections: 34
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156	156	37-18-16. Name change. 1
157	157	Whenever in the general or public laws there appears any reference to the Narragansett 2
158	158	Indian land management corporation such reference shall be construed to refer to the Narragansett 3
159	159	Indian Tribe. 4
160	160	37-18-17. Sovereignty. 5
161	161	The State of Rhode Island hereby acknowledges the Narragansett Indian Tribe as the 6
162	162	aboriginal people of this land, sovereign to the territory of what is now known as Rhode Island. 7
163	163	37-18-18. Construction. 8
164	164	The provisions of this chapter shall be liberally construed in order to accomplish the 9
165	165	purposes hereof provided they are not inconsistent with the 1978 Rhode Island Indian Claims 10
166	166	Settlement Act. 11
167	167	37-18-19. Withdrawal. 12
168	168	The State of Rhode Island withdraws those parts of the 1978 Settlement Act which are 13
169	169	inconsistent with the provisions of this chapter, particularly the parts relating to public property and 14
170	170	works of the Narragansett Indian land management corporation and with the concurrence of the 15
171	171	Narragansett Indian Tribe. 16
172	172	SECTION 4. This act shall take effect upon passage. 17
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179	179	EXPLANATION
180	180	BY THE LEGISLATIVE COUNCIL
181	181	OF
182	182	A N A C T
183	183	RELATING TO PUBLIC PROPERTY AND WORKS -- NARRAGANSETT INDIAN LAN D
184	184	MANAGEMENT CORPORATI ON
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186	186	This act would repeal sections of the Narragansett Indian Land Management Corporation 1
187	187	Act and acknowledge the Narragansett Indian Tribe as the sole aboriginal people sovereign to the 2
188	188	territory of what is now known as Rhode Island. 3
189	189	This act would take effect upon passage. 4
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191	191	LC001467
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