Democrats plan to vote against homelands bill for Mashpee Wampanoag Tribe

Monday, March 25, 2019  

A bill to protect the homelands of the Mashpee Wampanoag Tribe is facing opposition from Democratic lawmakers, The Cape Cod Times reports.

According to a spokesperson for Rep. David Cicilline (D-Rhode Island), H.R.312, the Mashpee Wampanoag Tribe Reservation Reaffirmation Act, is "bad for Rhode Island," the paper reported. Rep. James Langevin (D-Rhode Island) plans to vote against it if it comes up for consideration in the House, a spokesperson told the paper.

The report links the opposition to fears that the tribe's long-delayed casino in neighboring Massachusetts will affect existing non-Indian facilities in Rhode Island. What's not said is that Rhode Island is the reason why the bill exists in the first place.

Rhode Island is responsible for the U.S. Supreme Court decision in Carcieri v. Salazar. The disastrous ruling prevents the Narragansett Tribe from restoring its homelands because it wasn't "under federal jurisdiction" in 1934.

The decision has since been extended to other tribes, like Mashpee, whose federal status wasn't clarified until more recently. Passage of H.R.312 would start to unravel Rhode Island's stance against the Narragansetts, as Gov. Gina Raimondo (D) admitted last year.

"Rhode Island successfully fought a ten-year legal battle with the Department to limit the Secretary's power to take land in trust ... only for those tribes under federal jurisdiction as of 1934," Raimondo wrote in an opposition letter when a prior version of the Mashpee bill was being considered last year.

H.R.312 was said to be up for consideration in the House sometime this week. But the bill was not listed on the Majority Leader's calendar when it came out on Friday afternoon, as Indianz.Com reported.

The bill prevents the Bureau of Indian Affairs from taking the tribe's reservation out of trust. Something like that hasn't happened since the disastrous termination era in the 1950s and 1960s.

Opponents of the proposed First Light Resort and Casino in the city of Taunton raised a Carcieri argument in a lawsuit in federal court. That led the Trump administration to conclude that the tribe cannot follow the land-into-trust process.

Vote on Mashpee Wampanoag land bill likely not this week (The Cape Cod Times March 24, 2019)
Tribal Rights, Economy Dominate at Congressman Keating's Town Hall (The Vineyard Gazette March 22, 2019)
Keating: Shutdown was a ‘hostage taking’ (The Martha's Vineyard Times March 22, 2019)

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)

House set to clear first Indian Country bills under Democratic control (March 22, 2019)
Mashpee Wampanoag Tribe welcomes movement on bill to keep reservation in trust (March 19, 2019)
Mashpee Wampanoag Tribe no longer being financed by backer of stalled casino (March 4, 2019)
Mashpee Wampanoag Tribe faces new obstacle in bid to protect homelands (February 18, 2019)
Mashpee Wampanoag Tribe said to rebuke chairman as financial situation worsens (January 25, 2019)
Democrats opposed bill to protect homelands of Mashpee Wampanoag Tribe (January 11, 2019)
Mashpee Wampanoag Tribe welcomes introduction of homelands legislation (January 9, 2019)
Mashpee Wampanoag Tribe warns of losses due to stalled casino (December 10, 2018)
Mashpee Wampanoag Tribe still working with backer of derailed casino (December 4, 2018)
Mashpee Wampanoag Tribe continues fight for homelands (November 28, 2018)
Peter d'Errico: Mashpee Wampanoag Tribe falls victim to anti-Indian law (November 26, 2018)
'Termination is here': Tribes rally against Trump administration (November 14, 2018)
Recap: #StandWithMashpee march for the Mashpee Wampanoag Tribe (November 14, 2018)
National Congress of American Indians unites in face of termination threat (October 24, 2018)
Harold Frazier: Where are the Indians in the National Congress of American Indians? (September 28, 2018)
Brian Lightfoot Brown: It's time to protect our tribal homelands (September 28, 2018)
'Land is not lawfully in trust': Opponents seek action on Mashpee Wampanoag Tribe (September 12, 2018)
NCAI: Mashpee Wampanoag Tribe 'stripped' of its sovereignty (September 11, 2018)
Trump administration takes Indian Country back to termination era (September 10, 2018)
Mashpee Wampanoag Tribe still waiting on Trump administration (August 28, 2018)
'First time since termination era': Tribe's trust land remains at risk in Trump era (July 25, 2018)
Outlook for tribal homelands remains bleak in the Trump era (July 18, 2018)
Bureau of Indian Affairs finally lands a leader in the Trump era (June 29, 2018)
Graham Lee Brewer: Indian Country needs a voice in the Trump administration (June 18, 2018)
Land-into-trust fix added to controversial federal recognition bill (June 13, 2018)
Mashpee Wampanoag Tribe in limbo as gaming industry advances in Massachusetts (June 11, 2018)
Tribes call for speedy action on long-awaited Bureau of Indian Affairs pick (June 7, 2018)
Mashpee Wampanoag Tribe gains local support for homelands legislation (May 22, 2018)
Tribal homelands hit a wall under President Trump after historic Obama era (April 25, 2018)
Mashpee Wampanoag Tribe faces local questions about homelands bill (April 24, 2018)
Mashpee Wampanoag Tribe welcomes another bill to protect homelands (March 26, 2018)
Mashpee Wampanoag Tribe hails bill to reaffirm status of homelands (March 21, 2018)