The Mashpee Wampanoag Tribe of Massachusetts has cleared most of the hurdles in its quest for a casino but two big ones remain.

One is a Class III gaming compact. The tribe has been negotiating with Gov. Deval Patrick (D) and an agreement is expected by a July 31 deadline that was imposed by state law.

A bigger task comes with a land-into-trust application The Bureau of Indian Affairs has started the review process, which presumably includes an examination of the U.S. Supreme Court decision in Carcieri v. Salazar.

The court ruled that the BIA can only place land in trust for tribes that were "under federal jurisdiction" in 1934. The Mashpees didn't gain federal recognition until May 2007.

Since the ruling was issued in February 2009, the BIA has approved a gaming land-into-trust acquisition for the Cowlitz Tribe of Washington, which gained federal recognition in 2000. The application is now being litigated, a potential scenario facing the Mashpees.

H.3702, the Massachusetts gaming law, doesn't impose a deadline on the land-into-trust acquisition. But if the Massachusetts Gaming Commission doesn't believe the application is progressing, it could open up southeastern region of the state to non-Indian bidders.

Get the Story:
Taunton casino focus shifts to statewide compact negotiations (The Taunton Daily Gazette 6/12)

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