Wampanoag tribe’s land trust request under fire
TAUNTON —
Historical government documents unearthed by tribal casino opponents will be part of the federal review that determines whether the Mashpee Wampanoags gain sovereignty over the Taunton land on which the tribe hopes to build a casino.
“We got a response, and we’re thrilled they’re taking our evidence into consideration,” said East Taunton resident Michelle Littlefield, who opposes the tribe’s plan to build a casino in her hometown.
In the May 22 letter, which the casino opponents released this past week, U.S. Department of the Interior Associate Solicitor Michael Berrigan acknowledged receiving a March 20 letter concerning the government’s authority to take land in trust for the tribe. Without land in trust, a tribe cannot open a casino under the Indian Gaming Regulatory Act.
“The letter and accompanying historical exhibits will be considered by the Department and included in the record for its decision on the Tribe’s application,” Berrigan’s letter states.
The documents, Littlefield said, show that the tribe does not meet the requirements to have land taken in trust. She said it’s “pretty unprecedented” for the associate solicitor to send the letter.
“It’s not usually a participatory process,” she said.
The tribe, though, maintains that its plan is on track. Tribal Chairman Cedric Cromwell said last week that he expects a decision later this year or early next year.
Arlinda Locklear, an attorney for the tribe, said: “We were aware that opponents had sent in materials in opposition, and we also know the department is obliged to take that into account. As a matter of law, it has to be included in administrative record. There’s no surprise or any disinclination on the department’s part to rule in favor of the tribe.”
The interpretation of a 2009 Supreme Court ruling remains a central question in the tribe’s pursuit of a casino. In that Carcieri v. Salazar decision, the court essentially ruled that tribes not under federal jurisdiction at the time of the 1934 Indian Reorganization Act are not eligible to have land taken in trust.
The Mashpee, who have no reservation land, were not federally recognized until 2007, but they say they have been under federal jurisdiction for many generations.
Littlefield and others who oppose the Taunton casino proposal say that through hours of research, they found several documents from 1870 through 1936 in which the federal government stated that the Mashpee tribe was not under federal jurisdiction.
A 1939 list of tribes under constitutions or charters approved by the Secretary of the Interior does not include the Mashpee or any tribe in the original 13 states.
Littlefield maintains that the Department of the Interior does not have the legal authority to take land in trust for the Mashpee.
The tribe has pointed to a treaty with King George III as evidence of a relationship with the federal government. The terms of the treaty, they have said, were carried over to the U.S. government following the Revolutionary War.
Littlefield said language in the Treaty of Paris, signed following the war, did not pass British treaties or laws in the 13 colonies to the new American government. The king relinquished claims in the former colonies.
Locklear said the tribe satisfies the requirements. She added that she has represented other tribes with similar letters in the historical record and seen them get land in trust.
Read more: Wampanoag tribe’s land trust request under fire - Quincy, MA - The Patriot Ledger http://www.patriotledger.com/news/x1905493968/Wampanoag-tribe-s-land-trust-request-under-fire#ixzz2YjhXFQ9z
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