The Massachusetts House is due to start debate today on H.3702, a bill to legalize full-scale gaming.
The bill authorizes casinos in three regions. The casino in Region C -- the southeastern part of the state -- is reserved for "a federally recognized Indian tribe." The provision has been interpreted to limit the state to one tribal casino and one Class III gaming compact. Another provision in the bill requires the compact to be negotiated by July 31, 2012. However, if it appears that the federal government won't take land into trust for the proposed casino, the state can open up Region C to bids, according to the bill. Massachusetts is home to the Aquinnah Wampanoag Tribe and the Mashpee Wampanoag Tribe. Both tribes are interested in gaming. However, a land claim settlement act appears to bar the Aquinnah from gaming on its reservation on the island of Martha's Vineyard. It's an open question whether the tribe can open a casino elsewhere. The Mashpees started the land-into-trust process for a casino in August 2007. But two of its gaming sites have fallen through and the Bureau of Indian Affairs hasn't made a decision on the application. The U.S. Supreme Court complicated matters in February 2009 with its decision in Carcieri v. Salazar. The justices ruled that the land-into-trust process is only available to tribes that were "under federal jurisdiction" in 1934. The Aquinnah gained federal recognition in 1987. The Mashpees were recognized in 2007. More than 100 amendments have been filed to the bill. One would extend the July 31, 2012, deadline in order to give the Mashpees more time to address land-into-trust issues. A competing amendment, however, would place a hard October 31, 2012, deadline on land-into-trust approval. Get the Story: