The Mashpee Wampanoag Tribe is defending provisions in H.3702, the gaming bill that Gov. Deval Patrick (D) is expected to sign into law.

The bill sets aside a casino in southeastern Massachusetts for "a federally recognized tribe." It gives the state until July 30, 2012, to negotiate a Class III gaming compact.

"Constitutional and Indian law experts nationwide agree that this treatment does nothing to violate the Constitution, and is fully in line with federal law. The legislation respects these facts and creates a process through which the Tribe and the Commonwealth will be treated fairly," Chairman Cedric Cromwell said in a statement to State House News Service.

But KG Urban Enterprises, a developer that wants to build a casino in the region, says the provisions are unfair. The group is calling on Patrick to open bids to non-Indian entities.

Laws in other states have dictated or set the parameters of gaming compact negotiations. But the Massachusetts bill appears to be unique in that it only authorizes one compact.

The state is also home to the Aquinnah Wampanoag Tribe. But lawmakers believe a land claim settlement bars the tribe from engaging in gaming.

Regardless of the set aside, the Indian Gaming Regulatory Act says tribes can offer the same types of games that are otherwise legal in a state.

Get the Story:
Developer cries foul on Native American casino carve-out (State House News Service 11/17)
Developer objects to casino license ‘carve-out’ for tribe (The Boston Herald 11/17)
Would-be casino developer calls tribal caveat unconstitutional (The New Bedford Standard-Times 11/18)
Developers start to jockey for casino sites (The Boston Globe 11/18)

Related Stories:
Editorial: Tribal provisions place region at casino disadvantage (11/17)
Mashpee Wampanoag Tribe welcomes approval of gaming bill (11/16)
Final vote planned for gaming legislation in Massachusetts (11/15)