Questions still remain over tribal land in Taunton, MA casino debate

Casino/Racino

Although Gov. Deval Patrick has agreed to a compact with Mashpee Wampanoag tribe, questions still remain over how the tribe’s proposal to build a casino in Taunton will unfold.

The tribe has an application pending for the Secretary of the Interior to take land in trust. That step, necessary for the Mashpee to operate a tribal casino under federal law, would give them sovereignty over the land they hold an option to purchase.

“That process could go quickly, it could go a long time, or it could go on forever,” Gaming Commission Chairman Stephen Crosby said before a meeting in Lakeville with town officials from several surrounding communities.

Adding to the uncertainty are a pair of Supreme Court rulings made in recent years. The 2009 “Carcieri” ruling states that an Amercian Indian tribe cannot have land taken in trust if it wasn’t under federal jurisdiction at the time of the Indian Reorganization Act of 1934. Leaders of the Mashpee, who were federally recognized in 2007, have said they don’t view the ruling as an obstacle.

Some legal experts have said the concept of federal recognition is a fairly modern one and that it may be possible for the Mashpee to prove they were under some sort of federal jurisdiction before 1934.

Another ruling that came down earlier this year, the “Patchak” decision, opens the door to potential legal challenges to a land-in-trust approval by expanding the number of third parties with standing to file suit.

Under state law, the Gaming Commission has the authority to solicit commercial bids for a casino in southeastern Massachusetts if it determines the Mashpee don’t have a reasonable chance of getting land taken in trust.

“The legislature gave us the right to make a decision as to how long we should wait,” Crosby said. “How long it will take is anyone’s guess.”

State Rep. Paul Schmid, D-Westport, who also attended the forum, suggested that the legislature should set a deadline by which the Gaming Commission would need to make that determination.

Other legislators, including Rep. Keiko Orrall, R-Lakeville, said it’s their understanding that the compact cannot be amended.

If the legislature doesn’t approve the compact by July 31, the Gaming Commission would also be allowed to solicit commercial bids for a casino in southeastern Massachusetts.

Meanwhile, town officials in Middleboro are urging the state to help them come to a settlement with the Mashpee, with whom they had an intergovernmental agreement in 2007. The tribe later decided to drop its pursuit of a casino in that town.

“There’s $750,000 in pre-planning mitigation funds they still owe us,” Middleboro Selectman Allin Frawley said.

He has some support in the legislature.

“I think it’s important we not lose sight over the IGA with the town of Middleboro,” said Rep. Thomas Calter, D-Kingston. “If it’s not resolved, I will not only vote against the compact, but I will encourage other legislators to vote against the compact.”

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