The Mashpee Wampanoag Tribe of Massachusetts is pinning a lot of its hopes, both for a casino in Taunton, and its very existence as a viable tribal government, on fast-tracking a bill in the House that would put land for the tribe into trust.
The Mashpee Wampanoag Tribe Reservation Reaffirmation Act, reintroduced by Rep. William Keating in January, would put 321 acres in Taunton and on Martha’s Vineyard into trust for the tribe. The land was originally approved for trust land by the Department of the Interior. However, the process was challenged by residents of Taunton who won a judgment in a federal court.
While not exactly throwing the land out of trust, the court decision forced DOI to rethink its process for putting the land into trust without violating the Supreme Court’s Carcieri v. Salazar decision of 2009 that said that tribes that were not under federal jurisdiction in 1934 can’t put land into trust.
The DOI was unable to hammer together such a methodology, and so withdrew its support. The tribe is in the process of suing the DOI to try to reverse that action.
Currently some sponsors of a House bill hope to pass it under a “suspension of the rules” which would move it along faster. This would require two-thirds of the House voting to allow a suspension. Under these rules, debate is limited to 40 minutes and the bill cannot be amended.
Keating commented, “I have been working with members across the aisle, with members in both parties on the committee of jurisdiction, and with Democratic leaders in charge of floor action.” He added, “I feel very positive about the bill’s progress toward a vote.”
If approved, the bill would short-circuit the Taunton lawsuit.
However, despite wide support in the House, the bill’s chances are unknown in the Senate.
Tribal Chairman Cedric Cromwell issued a statement applauding “bipartisan effort to protect our reservation … by moving our bill expeditiously through the House Committee of Natural Resources.”
Opposing the legislation is the Wampanoag Tribe of Gay Head (Aquinnah) which is based on Martha’s Vineyard. It argues that the bill would adversely affect the tribe’s ability to acquire more land in its ancestral homeland.
It is supported by the town of Taunton and town of Mashpee.
