New Wampanoag Compact sent to Washington
Gov. Patrick signed into law a resolve ratifying the compact
From left: Cheryl Frye-Cromwell, Vice Chairwoman Jessie “Little Doe” Baird, Marie Stone, Gov. Deval Patrick Chief Vernon “Silent Drum” Lopez, Chairman Cedric Cromwell and Trish Keliinui. Regan Communications photo
TAUNTON TRIBAL CASINO COMPACT HEADED BACK TO WASHINGTON
Governor Patrick signed new compact into law today
The Mashpee Wampanoag’s new tribal compact with the state is headed to the Bureau of Indian Affairs, where tribal officials have higher hopes in this second attempt for federal approval, moving the tribe closer to building a casino in Taunton.On Friday morning, Gov. Deval Patrick signed into law a resolve ratifying the tribal compact he signed last March. The House and Senate approved the compact this fall.
“It’s a monumental day, and we’re moving forward,” said Mashpee Chairman Cedric Cromwell, who received the pen used to sign the bill into law.
BIA has 45 days to approve or reject new compact
The Bureau of Indian Affairs, which has 45 days to review the compact, rejected an earlier compact between the tribe and the state last year, because the state was conceding things out of the scope of its authority, such as water and hunting rights.
The tribe is undergoing another federal process to receive land-in-trust, which many have said cannot legally be granted to the Mashpee because they were not a federally recognized tribe before 1934.
The Mashpee have argued that the federal government has been well aware of the tribe dating back to the early days of European settlement, and Cromwell said the land-in-trust application is undergoing an environmental review and he hopes to be able to break ground next year.
Aquinnah Wampanoag asserting right for a casino too
Others are hoping to build gambling complexes in the southeastern region. The Aquinnah Wampanoag Tribe asserted this week that they have the right to build a casino on Martha’s Vineyard; the Patrick administration has disputed that claim.
“It’s against Wampanoag tradition for us to speak about Aquinnahs…. or their government in a public way. Certainly their community will know what’s best for them,” said Vice Chairwoman Jessie Little Doe Baird, when asked about the situation.
KG Urban Enterprises, a group of developers seeking to build a casino along the New Bedford waterfront, is suing the state and arguing the 2011 gaming law is discriminatory, favoring Indian tribes.
"Who are they?" asked Mashpee Chair Cromwell.
“Who are they?” Cromwell asked with a smile, when asked about the lawsuit. The Mashpee met the requirements of the 2011 law and won approval from a majority of Taunton voters in a non-binding referendum, but plans to build at an office park along Route 140 have been slowed by federal regulators.
The compact grants the state 21 percent if Taunton is the only licensed casino in the state; 17 percent if no licensed gaming is built in the southeastern region, with a subtraction of 2 percent if a slots parlor goes up in the region and no revenue share if a licensed casino is built in the region.
Aquinnah casino would mean no revenue for state
Martha’s Vineyard falls within the southeast region, however if the Aquinnah’s plans are realized, they might not trigger the zero-percent clause in the Mashpee compact.
After voters in Lakeville and Freetown rejected its casino proposal and Patrick chose to negotiate with the Mashpee, the Aquinnah have not sought to build a casino through the state’s licensing process overseen by the Massachusetts Gaming Commission.
Related Content:
Gaming Games
The Aquinnah casino announcement came just five days before tribal chairman Cheryl Andrews-Maltais faces a tough re-election battle against former tribal administrator Tobias Vanderhoop
The Gazette reported a year ago that work had quietly begun on the tribe’s unfinished community center in Aquinnah to turn it into a glorified bingo hall.
[This Guest Editorial appeared in today edition of The Vineyard Gazette.]
Gaming Game
The only real surprise in the announcement from tribal chairman Cheryl Andrews-Maltais this week that the Wampanoag Tribe of Gay Head (Aquinnah) intends to move forward with gaming on the Vineyard was in the way the news was delivered.The chairman has been claiming for more than a year that the tribe has the right to conduct what is known as Class II gaming on tribal lands without the approval of the state, under a section of the Indian Gaming Rights Act of 1988 that is different from the one at play with the Mashpee Wampanoags’ proposed mainland casino. The Gazette reported a year ago that work had quietly begun on the tribe’s unfinished community center in Aquinnah to turn it into a glorified bingo hall.
The development on Tuesday was that Mrs. Andrews-Maltais has some support for her view from the National Indian Gaming Commission, an independent federal agency that regulates Indian gaming. In a story published online Tuesday morning by the Boston Globe, the tribal chairman referred to a letter opinion dated October twenty fifth from the acting general counsel of the NIGC offering the view that the tribe was not bound by a 1983 settlement agreement with the town of Aquinnah.
Town and state officials have repeatedly contended that that agreement, settling longstanding land claims and leading to the Aquinnah tribe’s formal federal recognition, set limits on the tribe’s sovereignty, including its ability to conduct gaming. The agreement was tested in the Massachusetts Supreme Court nearly a decade ago. The state’s highest court found that on the subject of land use, the tribe had waived its sovereignty and was bound to follow state and local zoning laws under the terms of the agreement.
That there are two decidedly different views of this issue is par for the course in Indian gaming law, which has become a battleground nationwide for the many complicated questions around how much self-determination Indian tribes really have. Next month, the U.S. Supreme Court will take up a case involving a small tribe in Michigan that tried to open a casino. Though the specific issues are very different, the same broad questions of sovereignty are at issue.
Given the complexity of the issues and the likelihood of a legal challenge if the tribe actually tries to open a gaming facility, it seems highly unlikely that high-stakes bingo will come to the Vineyard anytime soon.
Though we dislike the idea of gambling, especially on the Vineyard, we have some sympathy for the tribe’s longheld desire to find its own engine for economic development. The tribe has been trying unsuccessfully over many years to get into the casino business.
Most recently, the Aquinnah tribe was shut out by Gov. Deval Patrick in favor of its sister tribe, the Mashpee Wampanoags, for the one of three authorized state casino licenses promised to an Indian tribe. The Aquinnah Wampanoags had a proposal to build a casino on a five hundred and fifteen-acre parcel of land in Freetown and Lakeview, but the governor refused to negotiate with the Vineyard tribe based on the 1983 settlement agreement.
Perhaps Mrs. Andrews-Maltais honestly believes the tribe has no alternative but to take a bold step and see what transpires. But her abrupt disclosure in the media of a letter dated more than two weeks ago came just five days before she faces a tough re-election battle against former tribal administrator Tobias Vanderhoop.
Tribal members have a clear choice in this election and we will be watching to see how they react.
See the original Vineyard Gazette Editorial here.
http://www.capecodtoday.com/article/2013/11/15/22768-gaming-games
Posts
No comments:
Post a Comment