The Bureau of Indian Affairs has announced that it will put about 15 acres into trust for the Wampanoag Tribe of Gay Head (Aquinnah) which is based on the Massachusetts island of Martha’s Vineyard.
The land would be added to 480 acres that is already held in trust by the tribe.
The tribe is currently waiting to hear if the U.S. Supreme Court will hear an appeal by opponents of the tribe’s plans to operate a small Class II casino on land on Martha’s Vineyard in the town of Aquinnah. The opponents include the state of Massachusetts, the town, and community group.
At issue is whether the 1987 Massachusetts Settlement Act of 1987, which the tribe signed, and which subjected lands obtained in a settlement to local control, is superseded by the Indian Gaming Regulatory Act (IGRA) of 1988.
If the high court rejects the tribe’s plans, the new land put into trust could offer the tribe a new option for where to put a casino. However, the tribe might also use it for housing or a clinic.
Last week the High Court further delayed the decision by “rescheduling” petitions filed by both sides. No one knows exactly what that means, but it could mean that justices are divided on whether to take the case. But typically, justices never reveal why they delay a case.
The tribe says it is confident the justices will deny the petition, and that’s the way to bet, since the Supreme Court rejects all but about 1 percent of the petitions it receives.
