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Compacts
Mashpee Wampanoag Tribe gaming compact finally sent to BIA


A Class III gaming compact between the Mashpee Wampanoag Tribe and the state of Massachusetts was finally sent to the Bureau of Indian Affairs on Friday.

The Massachusetts Legislature ratified the compact on July 26 and it was officially signed during a ceremony at the State House on July 30. It's not clear why the state waited a month to send it to the BIA but Gov. Deval Patrick (D) urged approval.

"Our compact reflects a fair, comprehensive bargain struck between the tribe and the commonwealth in what we believe is the unique context of the commonwealth's newly enacted legislation to authorize commercial gaming while recognizing the rights of a federally recognized tribe to conduct tribal gaming," Patrick wrote in a letter accompanying the compact, The Cape Cod Times reported.

Under the Indian Gaming Regulatory Act, the BIA has 45 days to review the compact. The agency could approve it, reject it or let it go into effect to the extent that its provisions are consistent with IGRA.

The deal requires the tribe to share 21.5 percent of gross gaming revenues with the state. The rate appears to be the highest in the nation.

The rate drops to 15 percent if a non-Indian slot machine parlor opens in southeastern Massachusetts. Even that rate appears to be one of the highest in the nation.

The agreement requires the state to support the tribe's land-into-trust application for a casino in Taunton. It also calls on the state to try and resolve the tribe's long-running land claims.

Generally, non-gaming provisions in a compact are not enforceable under IGRA.

Get the Story:
Feds have 45 days to decide fate of Mashpee Wampanoag tribe's Taunton casino compact (The Taunton Daily Gazette 9/1)
Casino compact is now in federal hands (The Cape Cod Times 9/1)

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Mashpee Wampanoag Tribe shares $1.5M under casino deal (8/23)