Mashpee Wampanoag Tribe welcomes land fix

Friday, September 25, 2009  

Legislation to fix to the U.S. Supreme Court decision in Carcieri v. Salazar will ensure the Mashpee Wampanoag Tribe of Massachusetts can acquire land for a casino.

The tribe gained federal recognition in May 2008. That's long after the passage of the Indian Reorganization Act of 1934.

As a result, the tribe might not have been able to open a casino because the Supreme Court restricted the land-into-trust process to tribes that were "under federal jurisdiction" in 1934. A bill introduced by Sen. Byron Dorgan (D-North Dakota), the chairman of the Senate Indian Affairs Committee amends the IRA to ensure that all tribes, regardless of the date of recognition, can follow the process.

"That language was similar to something the tribes had proposed early on. Now it's a matter of what happens next with the bill," Vice Chairman Aaron Tobey told The Cape Cod Times.

The tribe's land-into-trust application has been pending at the Bureau of Indian Affairs since August 2007.

The bill is S.1703.

Get the Story:
Bill could help tribe secure land for casino (The Cape Cod Times 9/25)
Dorgan’s ‘Carcieri fix’ introduced to Senate (Indian Country Today 9/25)

Relevant Documents:
Carcieri Fix Bill | Floor Statement

Earlier Story:
Dorgan introduces fix to land-into-trust ruling (9/24)