The Mashpee Wampanoag Tribe has submitted documents to the
Bureau of Indian Affairs in its quest for a casino in southeastern Massachusetts.
One document was prepared by attorneys Arlinda Locklear and Judith Shapiro.
It argues that the tribe has been "under federal jurisdiction" prior to 1934, a key issue that was raised in the U.S. Supreme Court decision in Carcieri v.
Salazar.
The tribe didn't gain federal recognition until May 2007. But the document cites a Colonial-era treaty and other actions, such as the inclusion of the tribe in a federal census, as proof of federal jurisdiction.
In another report prepared by anthropology professor Kathleen Bragdon, the tribe documents its connections to a proposed gaming site in Taunton.
That region that includes the city is called Cohannut in the Wampanoag language and the Taunton River is still used by tribal members today for basket weaving.
Historical and modern connections help determine whether the tribe
qualifies for an exception in Section 20 of the Indian
Gaming Regulatory Act.
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