Mashpee Wampanoag Tribe enters new year with casino in limbo

Monday, January 2, 2017

Cedric Cromwell, center, serves as the chairman of the Mashpee Wampanoag Tribe. Photo: First Light Resort and Casino

The Mashpee Wampanoag Tribe was hoping to debut its casino in Massachusetts this summer but a lawsuit has put the $1 billion project on hold.

The lawsuit prompted the Bureau of Indian Affairs to take another look at the land-into-trust application for the First Light Resort and Casino. The tribe and casino opponents are now submitting information to the agency through February, The Cape Cod Times reports.

At issue is the U.S. Supreme Court decision in Carcieri v. Salazar. In February 2009, the nation's highest court held that the BIA can only place land in trust for tribes that were "under federal jurisdiction" in 1934.

The Mashpee didn't gain formal recognition until May 2007 so casino opponents don't believe the tribe qualifies as being "under federal jurisdiction" as of 1934.

The court, however, did not define what "under federal jurisdiction" means. So the BIA look at treaties, laws and other historical actions to determine whether a tribe meets the test.

Read More on the Story:
The winding road to a Wampanoag casino (The Cape Cod Times 1/1) $P Court Decisions:
District Court of Massachusetts: Littlefield v. Department of the Interior (July 28, 2016)
D.C. Circuit Court of Appeals: Confederated Tribes of the Grand Ronde Community of Oregon v. Jewell (July 29, 2016)

Supreme Court Decision in Carcieri v. Salazar:
Syllabus | Opinion [Thomas] | Concurrence [Breyer] | Dissent [Stevens] | Concurrence/Dissent [Souter]

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