§ 37-18-14. Transfer of state land to the Indian tribes.
(a) Upon presentation of federal recognition to the Narragansett Indian land management
corporation and the secretary of state, the governor is authorized, empowered, and
directed to transfer, assign, and convey to the Narragansett Tribe of Indians in fee
simple all the right, title, and interest of the state in and to the following approximately
nine hundred (900) acres of real estate located in the town;
(1) The Indian Cedar Swamp management area;
(2) Indian Burial Hill; and
(3) The state land around Deep Pond.
(b) Provided, however, that the state shall retain control of and public access shall
be guaranteed to an adequate fishing area within the said state land around Deep Pond,
and provided, further, that the governor is only authorized, empowered, and directed
to transfer, assign, and convey to the Narragansett Tribe of Indians the real estate
which is located around Deep Pond upon the governor's making a finding that the required
and appropriate federal approval of the transfer has been obtained so that the transfer
will not affect, in any adverse manner, any benefits received by the state under the
Pittman Robertson Act, 16 U.S.C. § 669 et seq. and the Dingell Johnson Act, 16 U.S.C. § 777 et seq.
(c) Upon the same findings and determinations outlined above, the governor is authorized,
empowered, and directed to transfer, assign, and convey to the Narragansett Tribe
of Indians and its assigns a mutually acceptable exclusive (except as to lateral crossing)
right and easement to pass by foot and vehicle over a forty-five foot (45′) wide strip
of state land located within the town between Kings Factory Road and Watchaug Pond,
and to use an area at the end of the strip sufficiently large for the parking of automobiles
and the launching of boats.
(d) The authority herein granted to the governor shall be in addition to any other authority
conferred upon him or her by law. The real estate conveyed by the state to the Narragansett
Tribe of Indians pursuant to the provisions of this section shall be subject to the
civil and criminal laws of the state of Rhode Island and the town of Charlestown,
Rhode Island, except as otherwise provided herein, and shall be held in perpetuity
for conservation purposes and shall not be improved or developed by the Narragansett
Tribe of Indians.