Concerns ebb over tribal-state casino compact
August 07, 2012
MASHPEE — Town leaders are breathing a little easier after their attorney spoke with an attorney for the Mashpee Wampanoag Tribe about a provision in the tribal-state casino compact that offers state help to settle land claims in and around Mashpee.
Although a meeting has still yet to be held between the town and tribe, town attorney Patrick Costello said he remains confident that the provisions of a 2008 agreement reached between the two parties are valid.
"I have all the confidence in the world in (our attorneys) that our agreement with the tribe is very enforceable," said Selectman John Cahalane, who is the town's liaison with the tribe.
In that 2008 deal, the town agreed to convey certain parcels of land to the tribe in exchange for the tribe not seeking its federal rights to a casino in Mashpee. Both town meeting and the tribal membership endorsed the agreement.
There is a provision in the intergovernmental agreement for the two sides to talk about additional land and Costello said he believes that is the tribe's intent, but Wampanoag leaders aren't ready to talk specifics. "We didn't see any reason to speak about generalities," Costello said. "We don't believe there's any imminent threat of action by the tribe."
There is no worry, he said, that the tribe is seeking to make land claims as it did during the 1970s when it also went after private land.
Outside the post office at Mashpee Commons, town hall and the town library, more than a dozen people asked about the compact either had no comment or no idea that there was wording in it having to do with Mashpee land.
The compact is the agreement between Gov. Deval Patrick and the Mashpee Wampanoag that sets the amount of gaming revenue the tribe will pay the state in lieu of taxes. The tribe plans to build a $500 million casino complex in Taunton.
Cahalane said he received calls from constituents after it was initially reported on last month, but the level of anxiety has ebbed.
"When it first came up there seemed to be concern, but all five selectmen have been on top of this and word has spread that there's nothing to worry about," he said.
The selectmen were expected to discuss the issue during an executive session Monday night, Costello said, merely to make sure all board members were fully up to speed with his conversation with the tribe attorney.
Town assessor's records show the town owns 3,051 acres and the state holds 1,189 acres in Mashpee. The tribe is seeking to have 170 acres taken into federal trust as part of its initial reservation.
"Representatives from the town of Mashpee and the Mashpee Wampanoag Tribe are in communication," tribal council Chairman Cedric Cromwell said in a statement. "Preliminary conversations have been respectful and productive, and we expect that these open lines of communication and cooperative spirit will continue."
During his conversation with a tribe attorney, Costello said he did express disappointment that the town was left out of the loop when the tribe and state briefed key officials on the compact. He said the town has been assured it will have a seat at the table during future discussions about land within its borders.
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