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BIA promises decision on Mashpee Wampanoag Tribe casino

Monday, January 14, 2013

The Bureau of Indian Affairs is promising to make a final decision on the Mashpee Wampanoag Tribe casino bid by this spring.

One decision will come later this month. Assistant Secretary Kevin Washburn said the BIA will determine whether the tribe meets an exception in Section 20 of the Indian Gaming Regulatory Act.

Generally, IGRA bars gaming on lands acquired after 1988. However, Section 20 provides an exception for newly recognized tribes like the Mashpees.

Another decision is expected in a couple of months. Washburn said the BIA will determine whether to approve the tribe's land-into-trust application.

The process will apparently include an analysis of the U.S. Supreme Court decision in Carcieri v. Salazar. The ruling restricts the land-into-trust process to tribes that were "under federal jurisdiction" in 1934 but the Mashpees didn't gain formal recognition until May 2007.

"The schedule outlined by Assistant Secretary Washburn means that our land in trust application is a priority," Chairman Cedric Cromwell said on the tribe's website. We appreciate this very strong commitment from the Obama Administration and the active support of Governor Patrick and our congressional delegation."

Get the Story:
Tribe's land deal on track (The Cape Cod Times 1/14)
Feds update Mashpee tribe on land application (The Taunton Daily Gazette 1/14)
Mashpee tribe reservation legality to be decided (The Boston Globe 1/14)
Feds Promise Prompt Review Of Mashpee Tribe's Reservation Application (Cape News 1/13)
Feds plan to take up review of Mashpee Wampanoag application this month (State House News Service 1/13)

Relevant Documents:
Letter from Assistant Secretary Kevin Washburn to Mashpee Wampanoag Tribe (December 31, 2012)