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Saturday, February 20, 2021

'A triumph' Interior Department withdraws appeal in Mashpee tribe's land-in-trust case

 



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'A triumph' Interior Department withdraws appeal in Mashpee tribe's land-in-trust case


Jessica Hill Cape Cod Times
Published Feb 19, 2021 

In a big victory for the Mashpee Wampanoag Tribe, the U.S. Department of the Interior on Friday withdrew its appeal in U.S. District Court in the tribe's land-in-trust case.

“Today is sakôhsuwôk, a triumph,” said Jessie “Little Doe” Baird, the tribe's vice chairwoman, in a statement late Friday afternoon. The decision was a win "for the citizens of the Mashpee Wampanoag Tribe and our Ancestors who have fought and died to ensure our Land and sovereign rights are respected," she said.

The Department of Interior filed a motion Feb. 18 for the voluntary dismissal of its appeal, wrote Rachel Heron, attorney for the U.S. Department of Justice Environmental and Natural Resources Division. 

The case was part of a long battle for tribal sovereignty, which stemmed from a $1 billion casino the tribe wanted to build in Taunton.

U.S. Rep. William Keating, D-Mass., also hailed the decision Friday.

"The claim that the Tribe of the First Light, the Tribe of the First Thanksgiving was not an original Native American Tribe has always been disingenuous," he said in a statement. "And the Trump Administration’s sudden attempt to remove their land from trust last March — in the midst of a pandemic — was heartless. We’re reassured that the Biden Administration’s action today clearly reflects the best interest of justice ..."

The tribe had asked the interior secretary to put about 151 acres of land in Taunton into trust so it could build a casino, as well as another 170 acres in Mashpee. While the assistant interior secretary approved it in 2015, neighbors of the proposed casino and others filed a lawsuit in opposition. They argued the government did not have the authority to take the land into trust in the first place.

In 2018, the Department of the Interior reversed itself, arguing the tribe was not under federal jurisdiction when the Indian Reorganization Act of 1934 was established. The tribe appealed, but a federal judge in Boston ruled in favor of the reversal. 

Then in June 2020, U.S. District Judge Paul Friedman found that the 2018 decision was “arbitrary, capricious, an abuse of discretion and contrary to law.” He sent the case back to the Department of the Interior for “thorough reconsideration and reevaluation of the evidence.” 

“We look forward to being able to close the book on this painful chapter in our history,” Baird said in the statement. “The decision not to pursue the appeal allows us (to) continue fulfilling our commitment to being good stewards and protecting our Land and the future of our young ones and providing for our citizens.”