The Mashpee Wampanoag Tribe and the state of Massachusetts plan to negotiate a new Class III gaming compact but Gov. Deval Patrick (D) is already worried about opposition from state lawmakers.

The main issue appears to be revenue sharing. The compact that the Bureau of Indian Affairs rejected required the tribe to share 21.5 percent of net casino revenue.

Under H.3702, the state's gaming law, non-Indian casinos are required to share 25 percent. Lowering the rate for the tribe could generate opposition in the state Legislature, Patrick said.

“They are not going to keep approving whatever we put in front of them,” Patrick told reporters, State House News Service reported.

The Indian Gaming Regulatory Act does not specifically allow or disallow revenue sharing. So the BIA, over the years, has looked at whether a state has offered a "meaningful concession" in exchange for a share of a tribe's earnings.

Kevin Washburn, the new leader of the BIA, said the only concession that Massachusetts offered as geographic exclusivity. His decision to reject the Mashpee Wampanoag compact said the state's offer was only worth 6.5 percent of the tribe's revenues.

Patrick wouldn't say whether he'd agree to the lower rate, State House News Service reported. “We are going to go back to the table and see. I am not forecasting any position,” he said.

Get the Story:
Tribe facing long odds in casino deal (The Cape Cod Times 10/16)
Patrick concerned new casino compact could attract opposition (State House News Service 10/16)

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BIA rejects gaming compact from Mashpee Wampanoag Tribe (10/15)