Mashpee Wampanoag Tribe hails DOI opinion affecting casino


Artist's rendering of proposed First Light Resort and Casino. Image from Mashpee Wampanoag Tribe

The Mashpee Wampanoag Tribe of Massachusetts says its casino land-into-trust application is bolstered by a new legal opinion from the Interior Department.

The opinion from Solicitor Hilary Tompkins addresses the U.S. Supreme Court decision in Carcieri v. Salazar. The ruling restricts the land-into-trust process to tribes that were "under federal jurisdiction" in 1934.

The phrase poses a problem for the Mashpees, whose federal recognition became final in May 2007. The opinion, however, states that DOI will consider historical, legal and other factors to determine whether the tribe can follow the land-into-trust process.

“We believe that this legal opinion will go a long way toward helping our tribe and so many other tribes get land placed in trust," Chairman Cedric Cromwell said in a press release.

The Bureau of Indian Affairs is still processing the tribe's land-into-trust application for the $500 million First Light Resort and Casino. A final enviornmental impact statement could be issued this year.

Get the Story:
Federal opinion backs tribe's claims (The Cape Cod Times 3/19)
Mashpee Wampanoag leaders praise federal land ruling (The Fall River Herald News 3/19)
Mayor, councilors ask for more casino application time (The New Bedford Standard-Times 3/19)

DOI Solicitor Opinion:
M-37029: The Meaning of "Under Federal Jurisdiction" for Purposes of the Indian Reorganization Act (March 12, 2014)

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Editorial: Don't wait for Mashpee Wampanoag Tribe's casino (3/17)

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