The Mashpee Wampanoag tribe of Massachusetts is waiting for a Bureau of Indian Affairs decision that they hope will allow them to resume construction of their billion First Light Resort and Casino in Taunton.
The tribe has been told by the BIA that they will get word on their request by June. Until they do—and the word is positive—they can do nothing on the casino that they broke ground on last year, only to see a federal judge to rule against them a few months later.
Nine months ago, Judge William G. Young ruled that the BIA’s action putting about 151 acres into trust for the tribe was invalid. But he left open the possibility that the BIA might use a different section of the Indian Gaming Regulatory Act (IGRA) than it originally used to put the land into trust. In the interim the BIA has been looking into that possibility.
When opponents challenged the tribe in federal court they cited the U.S. Supreme Court’s Carcieri v. Salazar ruling that held that only tribes that had an official relationship with the federal government in 1934—when Congress passed the Indian Reorganization Act— can put land into trust. The Mashpees achieved federal recognition in 2007.
The tribe has argued that the law was intended to be a bridge to helping tribes achieve self-determination, not a barrier to prevent that.
In a memo to the tribe a BIA official promised to address the issue by June 19 with a new “Record of Decision.”
Tribal Chairman Cedric Cromwell has allowed his frustration at the delay to boil over. Last week he issued a statement: “It’s unfortunate that anti-Indian activists have created a legal side show in attempt to deprive us of our sovereign right to sustain our culture and government, and to develop First Light Resort & Casino as a means of economic uplift for our people and the City of Taunton.” He added, “We’ve been challenged every step of the way, and each step we have prevailed!”
Later, in an interview with the Cape Cod Times, Cromwell was quoted as calling the 25 plaintiffs in the case against the tribe as “very anti-tribe” and “very hostile, negative people that are racists.”
All of the parties, including the tribe, casino opponents and the Trump administration have agreed not to appeal Judge Young’s decision until after the BIA reveals how it intends to react to his ruling. The BIA has said that it intends to resolve the issue of “federal jurisdiction” as it relates to Indian tribes, according to court documents it filed with the 1st Circuit Court of Appeals.
Meanwhile Cromwell’s “racists” remarks drew a reaction from Taunton city councilman David Potter, who unsuccessfully tried to pass a motion repudiating the charge that the plaintiffs were racists. After the 7-2 vote defeat of his motion, Potter said, “I know the plaintiffs and their motivation, and they’re just not racist.” He added that he doubted that that Judge Young or the U.S. Solicitor General Noel Francisco were racists either.
Potter was the only member of the council to vote against the inter-governmental agreement between the Mashpee tribe and the city. Other councilors agreed with his assertion, but said a city council meeting was not the forum for such a discussion.
The casino that the tribe is stalled on building would have three hotels, a water park and retail shops and would employ about 2,600 workers once it opens. It would also create about 1,000 jobs during construction.
