Casino Stalker | Regulation

BIA still promising action on Mashpee Wampanoag Tribe casino

Friday, April 3, 2015

An artist's rendering of proposed First Light Resort and Casino in Taunton, Massachusetts. Image from MWT

A decision on a casino for the Mashpee Wampanoag Tribe isn't coming anytime soon, according to the top gaming regulator in Massachusetts .

Stephen Crosby, the chairman of the Massachusetts Gaming Commission, said he spoke to Assistant Secretary Kevin Washburn, the head of the Bureau of Indian Affairs, on the phone on Monday. Although he was told that the tribe's land-into-trust application remains a "high priority," he believes a final decision isn't imminent.

“(Washburn) said, ‘I’m the guy that told you a decision would be made by the spring of 2013,’” Crosby said at a public meeting of the gaming commission on Thursday, The New Bedford Standard-Times reported, referring to a letter to the tribe that promised an answer two years ago.

The tribe submitted the land-into-trust application within months of gaining federal recognition in May 2007. But before the BIA could make a decision, the tribe changed gaming sites and partners twice.

The U.S. Supreme Court decision in Carcieri v. Salazar threw a wrench in the process because it restricted the land-into-trust process to tribes that were "under federal jurisdiction" as of 1934. The justices, however, did not define the meaning of "under federal jurisdiction."

The Wampanoags remain hopeful of success since a federal judge upheld a land-into-trust application that was approved for the recently recognized Cowlitz Tribe in Washington. The case, though, is being appealed and each application is evaluated on a specific set of facts, laws and other evidence.

The BIA issued a final environmental impact statement for the $500 million First Light Resort and Casino in September so the Wampanoags are near the end of the process. Meanwhile, the state gaming commission is entertaining bids for a non-Indian facility in the tribe's region although the outcome is far from certain.

Get the Story:
Good news from state for New Bedford casino backers (The New Bedford Standard-Times 4/3)
Analysis: Market still exists for southeastern casino (State House News Service 4/3)

DOI Solicitor Opinion:
M-37029: The Meaning of "Under Federal Jurisdiction" for Purposes of the Indian Reorganization Act (March 12, 2014)

Federal Register Notice:
Final Environmental Impact Statement for the Proposed Fee-to-Trust Transfer of Property and Subsequent Development of a Resort/Hotel and Ancillary Facilities in the City of Taunton, MA and Tribal Government Facilities in the Town of Mashpee, MA by the Mashpee Wampanoag Tribe (September 5, 2014)