Mashpee Wampanoag tribe's land deal on track
The federal review of the Mashpee Wampanoag Tribe's application to have land taken into federal trust could be completed by the end of the month, getting the tribe over a major hurdle in its bid to build an Indian casino in Taunton.
In a letter dated Dec. 31, Kevin Washburn, assistant secretary for the federal Bureau of Indian Affairs, told the tribe he's completed an initial review and directed the BIA's regional office in Nashville, Tenn., to "begin processing the tribe's application" for an initial reservation.
Tribal council Chairman Cedric Cromwell announced the development at a tribal meeting Sunday afternoon at Mashpee High School. In an interview with the Times earlier, Cromwell called Washburn's letter "exciting news" that moves the tribe a step closer to self-governance. He said he expects the BIA to approve the initial reservation designation.
"This will resonate throughout the tribe in such a positive, powerful way," Cromwell said. "When you think of the initial impacts of over 400 years when the tribe was very rich — we had all the resources, we had all the land — and to have it come full circle today, to be able to reaffirm who we always are and get that land base back so we can govern, provide self-governance for our nation — wow, what a powerful spiritual, historical journey for our people."
Washburn's letter adds credibility to recent comments by Cromwell that the Mashpee Wampanoag
Tribe continues to make significant progress in pursuit of a $500 million Indian casino in Taunton.
The tribe has applied to have 146 acres in Taunton and 170 acres in Mashpee be taken into federal trust by the U.S. Department of the Interior, which oversees the BIA, as an "initial reservation."
In recent weeks, KG Urban Enterprises, a potential casino competitor, and legislators from Southeastern Massachusetts have lobbied the Massachusetts Gaming Commission to open the area, called Region C by the state, to commercial applicants. Instead, the commission gave the tribe a three-month reprieve and will re-evaluate its progress toward federal approvals in mid-March.
"It's very clear from Assistant Secretary Washburn that they're focused on our application," Cromwell said. "The application is live and it's real."
The "initial reservation" distinction would give the tribe the federal right to offer Indian gaming on that land. The tribe has vowed not to build a casino in Mashpee, instead opting to purchase land in Taunton with the help of its investor, Arkana Ltd., a company owned by the same Malaysian family that operates casino giant Genting Group.
To qualify as an initial reservation, the tribe must show it has historic ties to land in Taunton. The tribe has submitted the necessary paperwork, but that information has not yet been released publicly.
Cromwell said he's confident tribe historians have shown, as they did in the tribe's pursuit of federal recognition, that the Wampanoag nation spans from the Cape and Islands north to Gloucester and west to the Rhode Island border.
While qualifying for an initial reservation would clear a major hurdle for the tribe, it's by no means the only one left.
In his letter, Washburn says the Interior Department continues to review its authority to take land into trust for the tribe.
That analysis, which has to do with a 2009 U.S. Supreme Court ruling known as the Carcieri decision, should be done "in early 2013," Washburn wrote.
The tribe has submitted documents — not yet disclosed publicly — to outline why the Carcieri decision does not apply. In that ruling, the high court ruled that the federal government does not have authority to take land in trust for tribes recognized after the Indian Reorganization Act of 1934.
But a dissenting opinion argued that a tribe could show it was under federal jurisdiction before 1934, even if it was not yet federally acknowledged. The Mashpee tribe was federally recognized in 2007.
The tribe also faces likely legal challenges from state-recognized tribes and other potential casino developers in the region.
KG Urban has already updated its federal lawsuit trying to force the gaming commission to open up the region to commercial bidders.
Meanwhile, work continues on a compact between the tribe and Gov. Deval Patrick. Washburn rejected the initial deal in October because the 21.5 percent of gross gambling revenues going to the state was considered too lucrative.
Without getting into specifics, Cromwell said progress is being made toward a compact that can win support of the Legislature and the BIA.
"It's very positive," he said. "Everyone is rolling up our sleeves, sitting down and working on it."
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