Mashpee Wampanoag Tribe to break ground on long-awaited casino

Tuesday, March 8, 2016

An artist's rendering of the First Light Resort and Casino in Taunton, Massachusetts. Image from Mashpee Wampanoag Tribe

The Mashpee Wampanoag Tribe of Massachusetts plans to break ground next month on its long-awaited casino.

The tribe has selected three firms to start the demolition and site work for the First Light Resort and Casino in Taunton. Chairman Cedric Cromwell said the groundbreaking could take place April 5.

"We are now ready to move quickly in the construction of a world-class destination resort, which will provide a much needed boost to the regional economy and help secure a more prosperous future for our tribe – the People of the First Light," Cromwell wrote on the tribe's website.

The tribe started the land-into-trust process for a casino in August 2007, just a few months after its federal recognition was finalized. After changing sites and partners twice, the tribe settled on Taunton and the Bureau of Indian Affairs placed 170 acres there in trust for the project.

The BIA is being sued for approving the application but since the land is already in trust and has been declared a reservation, the tribe most likely cannot be prevented starting work on the casino. Still, opponents are citing the U.S. Supreme Court decision in Carcieri v. Salazar in hopes of stopping the project.

The decision states that the BIA can placed land in trust for tribes that were "under federal jurisdiction" in 1934. The Mashpees didn't gain formal recognition until May 2007.

The BIA, however, based its approval on a different part of the part of the Indian Reorganization Act that wasn't addressed in Carcieri. It appears to be the first decision of its kind for the agency.

The tribe is providing a casino update for its members on March 13 and is hosting the Massachusetts Gaming Commission on March 15. Both events are taking place on the tribe's reservation in Mashpee, where about 151 acres were placed in trust.

Get the Story:
Mashpee Tribe Plans April Groundbreaking for Taunton Casino (CapeCod.Com 3/8)
Tribe to break ground next month on Taunton casino (The Cape Cod Times 3/8)

Federal Register Notices:
Proclaiming Certain Lands as Reservation for the Mashpee Wampanoag (January 8, 2016)
Land Acquisitions; Mashpee Wampanoag Tribe (September 25, 2015)
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)

Relevant Documents:
Chairman Cedric Cromwell Announcement | Mashpee Wampanoag Trbe Press Release | Bureau of Indian Affairs Press Release | Assistant Secretary Kevin Washburn Letter to Chairman Cedric Cromwell | Record of Decision | Attachment I - Legal Descriptions | Attachment II - Maps | Attachment III - Mitigation Monitoring and Enforcement Plan | Attachment IV - Response to Comments on the Final Environmental Impact Statement

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