When the Mashpee Wampanoag Tribe of Massachusetts filed its land-into-trust application for a casino in August 2007, tribal leaders predicted it would take 18 months for the Bureau of Indian Affairs to make a decision.

But more than two years later, the tribe still doesn't have an answer. It appears the BIA has stopped work on the application in light of the U.S. Supreme Court decision in Carcieri v. Salazar.

The ruling restricted the land-into-trust process to tribes that were "under federal jurisdiction" in 1934. The Mashpees didn't gain formal recognition until May 2007.

The Obama administration supports a bill to fix the decision to ensure all tribes can follow the land-into-trust process. But the measure hasn't gained much traction in the 111th Congress.

"My sense is that the Carcieri fix legislatively is a non-starter," Matthew Fletcher, a Michigan State University assistant professor, told The Cape Cod Times. "That doesn't mean it can't show up in an appropriations bill, but on its own, it's going no where."

In light of Congressional inaction, the administration is developing regulations to address the issue, Hilary Tompkins, the Solicitor of the Interior Department, said at the Federal Bar Association Indian law conference last week. She didn't give a timeline but said the tribal consultation process will start soon.

Closer to home, the tribe is seeing some progress. Lawmakers are debating a bill to legalize casinos and slot machines, which would pave the way for the tribe's facility.

Get the Story:
Tribe casino faces long odds (The Cape Cod Times 4/16)

Land-Into-Trust Fix:
S.1703 | H.R.3697 | H.R.3742

Supreme Court Decision:
Syllabus | Opinion [Thomas] | Concurrence [Breyer] | Dissent [Stevens] | Concurrence/Dissent [Souter]