GUEST OPINION: The trouble with the Mashpee Wampanoag land claim
Posted Jul 24, 2012
“Sometimes it’s easier to ask for
forgiveness than ask for permission.” I don’t know who said it, but it sure
feels like that is what the State House and governor are doing as far as a
state-tribal compact is concerned.
Recently, an article appeared in the Boston Globe, (Mark Arsenault, July
16), regarding the Mashpee Wampanoag Tribe and the Cowlitz Tribe in the Pacific
Northwest. If this is the thought process that is being referenced by the
proponents of the tribe for the Mashpee land-into-trust issue, then I believe
that the proponents must first admit that at this time there is no legal vehicle
present for the Mashpee to acquire land-into-trust.
This article is referencing a strategy to circumvent the current law. An
argument could be made that the state is going into this compact in the “hopes”
that the Mashpee will be successful. What if the state and the tribe are wrong?
Where does that leave us, residents of Southeastern Massachusetts?
Why hasn’t the governor’s legal team reviewed the Mashpee Wampanoag’s
historical evidence? Are we now taking them at their word? Historically, that
has not gone well for anyone who has been partners with the tribe. (Please just
ask Middleboro). What kind of timeline is the tribe looking at?
In 2007, when the tribe signed their first intergovernmental agreement, we
were 18 months. In 2009, after Carcieri v. Salazar, we were again told 18
months. Still nothing.
This Cowlitz case is in court now and will be for years to come. Then and
only then will the Mashpee Wampanoag’s get their chance, and there are some very
important differences:
1. The Mashpee are looking to take two different parcels into trust. A
“dual initial reservation” has NEVER been granted.
2. Taunton is not ever mentioned in the Mashpee Wampanoag’s federal
application for recognition. Ask any other tribe about the Mashpee’s ties to
Taunton. This is a clear case of “reservation shopping,” looking for land for a
casino then laying claims to it. The BIA has ruled against this ploy many times.
This is not the Mashpee Tribe’s first try, or second or third. They went to
Middleboro, Fall River, New Bedford and finally settled on Taunton. And this
compact will allow them to try elsewhere as well.
3. The Mashpee were never under federal recognition, The commonwealth of
Massachusetts predates the federal government. There is no federal land to give
to the Mashpee; there never was. The Supreme Court decision in Hawaii v. Office
of Hawaiian Affairs tells you that you cannot give state sovereign land to the
federal government or an Indian tribe.
Those are just three examples of differences between the Mashpee and
Cowlitz, there are plenty more and there are other troubling aspects to the
proponent’s arguments. And yet the state has decided to take a chance on this
tribe and ignore the Supreme Court's decisions regarding this matter.
I hope Southeastern Massachusetts is in a forgiving mood when this deal
falls apart.
Allin Frawley is the vice chairman of the Middleboro Board of
Selectmen. He has been involved in the Mashpee Wampanoags’ land-in-trust issues
since the tribe initially approached the town of Middleboro with a casino
proposal in 2007.
Read more: http://www.heraldnews.com/newsnow/x2078605164/GUEST-OPINION-The-trouble-with-the-Mashpee-Wampanoag-land-claim#ixzz21aPvf1Jn
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