Casino Stalker | Compacts

Mashpee Wampanoag Tribe presses state to reject rival casino

Thursday, March 3, 2016

Mashpee Wampanoag Tribe Chairman Cedric Cromwell speaks at a press conference on September 19, 2015, celebrating approval of the tribe's land-into-trust application. Photo from Facebook

The Mashpee Wampanoag Tribe is warning the Massachusetts Gaming Commission not to approve a license for a commercial casino.

An exclusivity provision in the Class III gaming compact requires the tribe to share as much as 21 percent of its revenues with the state. The rate drops to 0 percent if the commercial casino is approved, a letter to the commission reads.

But the tribe could still sue the state for violating the compact, according to attorney Howard M. Cooper. He also questioned whether the commission can issue the license because the tribe's land has already been placed in trust by the Bureau of Indian Affairs.

"Accordingly, the commission's actions to date in requesting and/or reviewing applications for a Category 1 license in Region C have been unlawful," Cooper wrote in the letter, which was posted by The Cape Cod Times. Region C refers to the southeastern part of the state.

The tribe plans to build the First Light Resort and Casino on its trust land in Taunton. The rival casino is being proposed in Brockton, less than 20 miles away.

Neil Bluhm, a non-Indian developer whose net worth was pegged by Forbes at $2.9 billion, is not only proposing to build the $675 million casino in Brockton, he's financing a lawsuit that seeks to overturn the BIA's land-into-trust decision.

"The tribe is a proud, distinguished people who trace their lineage to those Native Americans who greeted the Pilgrims and sheltered and fed them during their first difficult winter," Cooper wrote in the letter. "I need not remind the commission what the tribe received in return."

The tribe is hosting the commission at its headquarters in Mashpee on March 15, Chairman Cedric Cromwell announced. He's also going to provide a casino update on March 13.

Get the Story:
Tribe warns of legal action in casino fight (The Cape Cod Times 3/2)

Federal Register Notices:
Proclaiming Certain Lands as Reservation for the Mashpee Wampanoag (January 8, 2016)
Land Acquisitions; Mashpee Wampanoag Tribe (September 25, 2015)
Final Environmental Impact Statement for the Proposed Fee-to-Trust Transfer of Property and Subsequent Development of a Resort/Hotel and Ancillary Facilities in the City of Taunton, MA and Tribal Government Facilities in the Town of Mashpee, MA by the Mashpee Wampanoag Tribe (September 5, 2014)
Land Acquisitions: Appeals of Land Acquisition Decisions (November 13, 2013)

Relevant Documents:
Chairman Cedric Cromwell Announcement | Mashpee Wampanoag Trbe Press Release | Bureau of Indian Affairs Press Release | Assistant Secretary Kevin Washburn Letter to Chairman Cedric Cromwell | Record of Decision | Attachment I - Legal Descriptions | Attachment II - Maps | Attachment III - Mitigation Monitoring and Enforcement Plan | Attachment IV - Response to Comments on the Final Environmental Impact Statement

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