North Stonington among towns monitoring tribal land trust legislation
North Stonington — Alongside Preston and Ledyard, North Stonington has approved money for law firm Perkins Coie to monitor upcoming legislation that could bring land into federal trust for Native American tribes.
According to lawyer Donald C. Baur of Perkins Coie, the towns are concerned about legislation regarding the decision of Carcieri v. Salazar, which found that the federal government could not take land into trust for Native American tribes that were recognized after 1934.
In particular, Baur said, the focus of the review would be an appropriations bill funding the Department of the Interior, which contains an amendment by Sen. Tom Cole, R-Okla., that would allow land to be brought into trust for tribes that were recognized betwen 1934 and 2009 — a timeframe that includes the Mashantucket Pequot Tribal Nation.
The Mashantucket Pequots were granted federal recognition in 1983.
Another similar proposal is being drafted in the Senate by Sen. Dianne Feinstein, D-Calif.
The legislation could affect a 1995 move by the Department of the Interior to bring parcels of land from Preston, Ledyard and North Stonington into trust for the Mashantucket Pequots, a move that stalled when the tribe withdrew its petition amid litigation.
This "fix" has been sought many times since the decision in 2009, said Baur, and the towns are seeking to "make sure that the way that provision is worded does not change the status quo in Connecticut."
First Selectman Shawn Murphy said the obvious concern to the town would be land coming off the town's tax rolls.
Baur said the bill could have broader consequences than the 1995 dispute.
"The issue isn't really that particular decision, but it's a question of how is the language Congress is coming up with now (going to affect) the ability of tribes to have land taken into trust," Baur said, and whether it will make that process more lenient for tribes.
Each town has approved $2,000 for further monitoring of the language and for expressing the towns' concerns to congressional committees considering the proposed legislation.
"Appropriations bills often do not pass," Baur added. "It's just one tiny provision in a very large bill."
Lori Potter, director of communications of the Mashantucket Pequot Tribal Nation, said the tribe hadn't seen the language and would be unable to comment on it.
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