Town opposes Mashpee land-into-trust application

Friday, February 1, 2008  

The town of Mashpee, Massachusetts, is opposing the Mashpee Wampanoag Tribe's land-into-trust application out of fear of a casino.

The newly recognized tribe is seeking 140 acres in the town as an initial reservation. But since the tribe is also seeking 539 acres elsewhere for a casino, the town is worried the land in Mashpee could be used for gaming too.

The tribe says it won't use the Mashpee site for gaming. But the town says tribes can change their mind, leaving local communities without recourse.

"This statement of intent does not guarantee the tribe would not, at some future date, convert use of the Mashpee lands to gaming," the town's attorney wrote in a letter to the Bureau of Indian Affairs, The Cape Cod Times reported.. "Without an enforceable agreement specifically defining permissible gaming activities and/or prohibiting gaming in perpetuity, the town must assume the worst-case scenario, leaving it no choice but to oppose the tribe's request."

A similar case has arisen with the Ponca Tribe of Nebraska. The tribe promised not to use a site in Iowa for a casino but has since changed its mind and was given approval by the National Indian Gaming Commission.

The BIA is holding a public hearing on March 5 on the Mashpee's application. The meeting takes place in the town of Middleboro, where the tribe plans to build the casino.

The state of Massachusetts doesn't appear to have taken a position yet on the application. But Attorney General Martha Coakley signed onto a U.S. Supreme Court brief that challenges the legality of the land-into-trust process in a case from Rhode Island.

Get the Story:
Mashpee opposes tribe's land plan (The Cape Cod Times 2/1)
Public hearing on casino land March 4 (The Wicked Local Middleborough 2/1)
Suit challenges federal designation of Indian land (The Wicked Local Middleborough 2/1)