Casino Stalker

Mashpee Wampanoag Tribe remains confident on gaming plan

Monday, April 6, 2015

An artist's rendering of proposed First Light Resort and Casino in Taunton, Massachusetts. Image from MWT

The Mashpee Wampanoag Tribe of Massachusetts believes a decision on its casino land-into-trust application is coming soon

The Bureau of Indian Affairs published the final environmental impact statement for the $500 million First Light Resort and Casino last September. There's no timeline for a decision but attorney Arlinda Locklear, who was the first Native woman to argue a case before the U.S. Supreme Court, said work picked up after a federal judge upheld a land-into-trust application for the recently-recognized Cowlitz Tribe in Washington.

“We’re on track to succeed and succeed sooner rather than later,” Locklear, who represents the Mashpee Wampanoag Tribe, told The Brockton Enterprise. “It is under active review and we feel good about prospects in the near future.”

The main issue is the Supreme Court's decision in Carcieri v. Salazar. In the case, the justices restricted the land-into-trust process to tribes that were "under federal jurisdiction" as of 1934.

The court, however, did not define the meaning of "under federal jurisdiction." So the BIA has developed a test to determine whether a tribe can follow the land-into-trust process.

Get the Story:
Consultant says tribe’s casino project in Taunton remains a wild card (The Brockton Enterprise 4/6)

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

Federal Register Notice:
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)