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Narragansett Indian Tribe Oversight Hearing

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Narragansett Indian Tribe Oversight Hearing NARRAGANSETT INDIAN TRIBE OVERSIGHT HEARING BEFORE THE COMMITTEE ON RESOURCES HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTH CONGRESS FIRST SESSION ON THE PROVISIONS IN THE 1997 OMNIBUS APPROPRIATIONS ACT WHICH REMOVED THE NARRAGANSETT INDIAN TRIBE OF RHODE ISLAND FROM THE COVERAGE OF THE INDIAN GAMING REGU- LATORY ACT MAY 1, 1997ÐWASHINGTON, DC Serial No. 105±25 Printed for the use of the Committee on Resources ( U.S. GOVERNMENT PRINTING OFFICE 41±432 u WASHINGTON : 1997 COMMITTEE ON RESOURCES DON YOUNG, Alaska, Chairman W.J. (BILLY) TAUZIN, Louisiana GEORGE MILLER, California JAMES V. HANSEN, Utah EDWARD J. MARKEY, Massachusetts JIM SAXTON, New Jersey NICK J. RAHALL II, West Virginia ELTON GALLEGLY, California BRUCE F. VENTO, Minnesota JOHN J. DUNCAN, JR., Tennessee DALE E. KILDEE, Michigan JOEL HEFLEY, Colorado PETER A. DEFAZIO, Oregon JOHN T. DOOLITTLE, California ENI F.H. FALEOMAVAEGA, American WAYNE T. GILCHREST, Maryland Samoa KEN CALVERT, California NEIL ABERCROMBIE, Hawaii RICHARD W. POMBO, California SOLOMON P. ORTIZ, Texas BARBARA CUBIN, Wyoming OWEN B. PICKETT, Virginia HELEN CHENOWETH, Idaho FRANK PALLONE, JR., New Jersey LINDA SMITH, Washington CALVIN M. DOOLEY, California GEORGE P. RADANOVICH, California CARLOS A. ROMERO-BARCELOÂ , Puerto WALTER B. JONES, JR., North Carolina Rico WILLIAM M. (MAC) THORNBERRY, Texas MAURICE D. HINCHEY, New York JOHN SHADEGG, Arizona ROBERT A. UNDERWOOD, Guam JOHN E. ENSIGN, Nevada SAM FARR, California ROBERT F. SMITH, Oregon PATRICK J. KENNEDY, Rhode Island CHRIS CANNON, Utah ADAM SMITH, Washington KEVIN BRADY, Texas WILLIAM D. DELAHUNT, Massachusetts JOHN PETERSON, Pennsylvania CHRIS JOHN, Louisiana RICK HILL, Montana DONNA CHRISTIAN-GREEN, Virgin Islands BOB SCHAFFER, Colorado RON KIND, Wisconsin JIM GIBBONS, Nevada LLOYD DOGGETT, Texas MICHAEL D. CRAPO, Idaho LLOYD A. JONES, Chief of Staff ELIZABETH MEGGINSON, Chief Counsel CHRISTINE KENNEDY, Chief Clerk/Administrator JOHN LAWRENCE, Democratic Staff Director (II) C O N T E N T S Page Hearing held May 1, 1997 ....................................................................................... 1 Statement of Members: Chafee, Hon. John H., a U.S. Senator from Rhode Island ............................ 11 Prepared statement of ............................................................................... 13 Inouye, Hon. David K., a Senator in Congress from the State of Hawaii, (prepared statement) .................................................................................... 68 Kennedy, Hon. Patrick, a U.S. Representative from Rhode Island .............. 2 Prepared statement of ............................................................................... 5 Kildee, Hon. Dale, a U.S. Representative from Michigan ............................. 9 Miller, Hon. George, a U.S. Representative from California ........................ 10 Pombo, Hon. Richard, a U.S. Representative from California ...................... 1 Reed, Hon. Jack, a U.S. Senator from Rhode Island ..................................... 15 Vento, Hon. Bruce, a U.S. Representative from Minnesota .......................... 8 Weygand, Hon. Robert A., a U.S. Representative from Rhode Island ......... 17 Prepared statement of ............................................................................... 18 Statement of Witnesses: Allen, W. Ron., President, National Congress of American Indians ............ 62 Prepared statement ................................................................................... 136 Almeida, Patricia, Spokesperson, The Alliance To Save South County ....... 60 Almond, Hon. Lincoln, Governor, State of Rhode Island .............................. 33 Prepared statement ................................................................................... 80 Boden, Gary, on behalf of Residents Against Gambling Establishments (prepared statement) .................................................................................... 157 Ducheneaux, Frank, Attorney at Law ............................................................ 64 Prepared statement ................................................................................... 144 Hayes, David, Counselor, Secretary of the Interior ....................................... 42 Prepared statement ................................................................................... 92 Lally, Hon. Donald L., Jr., a State Representative in Rhode Island ............ 58 Prepared statement ................................................................................... 109 Noka, Randy, First Councilman, Narragansett Indian Tribe ....................... 43 Prepared statement ................................................................................... 95 Platner, Ruth, citizen of Charlestown (prepared statement) ........................ 167 Roche, Ann, resident of Charlestown (prepared statement) ......................... 171 Additional material supplied: Excerpt from S.Rept. 100±446 ......................................................................... 76 H. 5543 of State of Rhode Island General Assembly ..................................... 114 H. 6023 as amended, Rhode Island General Assembly ................................. 117 Joint Memorandum of Understanding Concerning Settlement of the Rhode Island Indian Land Claims ............................................................... 151 Legal Analysis of High Stakes Bingo on Lands of the Narragansett In- dian Tribe ...................................................................................................... 119 Resolutions of National Congress of American Indians in support for tribal sovereignty and oppose riders which negatively impact tribes ...... 140 List of names of persons and tribes who wrote letters .................................. 134 Map of the Indian Reservation ........................................................................ 159 Rhode Island Indian Claims Status ................................................................ 130 Rhode Island Coalition Against Casino Gambling (list) ................................ 155 Communications submitted: Babbitt, Bruce: Letter of September 12, 1996, to Hon John H. Chafee ....... 78 Goodsell, Bruce N.: Letter of April 28, 1997, to Hon. Don Young ................ 149 (III) IV Page Communications submittedÐContinued Joint letter from members of Rhode Island General Asembly dated April 22, 1997, to Hon. Don Young and Hon. George Miller .............................. 112 Lytle, Karen (Town of Charlestown): Letter of April 28, 1997, to Hon. Don Young ..................................................................................................... 147 NARRAGANSETT INDIAN TRIBE THURSDAY, MAY 1, 1997, HOUSE OF REPRESENTATIVES, COMMITTEE ON RESOURCES, Washington, DC. The Committee met, pursuant to notice, at 10:10 a.m., in room 1324, Longworth House Office Building, Hon. Don Young (Chair- man of the Committee) presiding. STATEMENT OF HON. RICHARD POMBO, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA Mr. POMBO. [presiding] I want to start off by apologizing to ev- erybody for not having enough room in the hearing room for every- one. Obviously, this is a small hearing room. We tried to fit as many people in as we possibly could. To start the hearing this morning. I welcome you all here. I will start off by reading Chairman Wayne Gilchrest's opening statement: ``Good morning, ladies and gentlemen. Today we are conducting an oversight hearing concerning the applicability of the Indian Gaming Regulatory Act to the Narragansett Indian Tribe of Rhode Island. ``A long and complicated series of events has led us to this hear- ing. I do not pretend to understand all of the legal intricacies of all of the laws which are applicable to the Narragansett Tribe and its desire to conduct gaming. ``However, I do understand that in 1978 the Narragansett Tribe acquired its lands pursuant to Public Law 95±395, which provided that those lands would be subject to the laws and the jurisdiction of the State of Rhode Island. I understand that in 1988 Congress passed a law which gave all Indian tribes the right to conduct gam- ing on their trust lands. ``In 1994 a U.S. Court of Appeals ruled that the 1988 law took precedence over the 1978 law as far as gaming conducted by the Narragansett Indian Tribe is concerned. Then, in 1996, Congress passed another law which amends the 1978 law so that the 1988 law, the Indian Gaming Regulatory Act, does not apply to the Nar- ragansett Indian Tribe. ``We are here today because, in spite of all this legislating, Con- gress has never held a hearing of the issue of the Narragansett Tribe's rights to conduct gaming. This is a very important issue to the Narragansett Tribe, the State of Rhode Island, and the rest of the tribes throughout the nation. I note that we have received let- ters on this issue from well over one hundred Indian tribes. (1) 2 ``It is time to hear what the various interested parties have to say. Our witness list includes the Rhode Island congressional dele- gation, the Governor of Rhode Island, the Administration, the tribe, and several other individuals who bring different perspectives to this hearing. ``At this time I am hereby announcing that I will keep our hear- ing record open until the close of business on Friday, May 16th. Anybody wishing to submit written testimony may do so until that time. I would now like to recognize the gentleman on my left from Rhode Island for his opening statement.'' STATEMENT OF HON. PATRICK
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