Mashpee Wampanoag Tribe welcomes movement on bill to keep reservation in trust

Tuesday, March 19, 2019  

A bill to keep the reservation of the Mashpee Wampanoag Tribe in trust is seeing movement on Capitol Hill amid complaints in the conservative media.

H.R.312, the Mashpee Wampanoag Tribe Reservation Reaffirmation Act, is due to be taken up in the U.S. House of Representatives next week, according to news reports. The bill ensures that the tribe's reservation in Massachusetts can't be taken out of trust by the federal government and can't be challenged by litigation.

"For perspective, keep in mind that once our bill is passed, our Reservation and Ancestral Homelands are FOREVER protected....our lands will never be under threat again," Chairman Cedric Cromwell said in a message to tribal citizens on Monday.

The conservative media has rallied against the bill because a prior version was co-sponsored by Sen. Elizabeth Warren (D-Massachusetts), a Democratic candidate for president. A new version hasn't been introduced in the Senate so far but headlines continue to tie the measure to the popular politician, who is frequently attacked by President Donald Trump.

"House Democrats Look to Move Warren Casino Bill Without Debate" and "House Democrats Plan to Move on Swampy Indian Casino Bill Backed by Warren" were two headlines in the conservative media this week. One story complained that the legislation hasn't been "marked up, debated or voted on" by the House Committee of Natural Resources.

The committee held a hearing on a prior version of the bill in July 2018. The measure drew bipartisan support from Republican and Democratic members though it was never scheduled for a markup.

With Democrats now in control of the House, the bill is due to clear the chamber if it is brought up for consideration. The next hurdle would be the Senate, which remains under Republican rule.

"We will then focus our efforts on the Senate," Chairman Cromwell said in his message. "I commit to our Tribal Citizens that we will work tirelessly to see our bill come to fruition."

But if it gets that far, the conservative media sees problems ahead. According to Redstate: "Trump has been briefed on the legislation and opposes it."

Congress enacted similar legislation for a tribe whose reservation in Michigan was questioned by litigation. The U.S. Supreme Court decision in Patchak v. Zinke eventually confirmed that such an approach is constitutional.

The federal government hasn't taken a tribe's trust land out of trust since the termination era.

House may fast-track Mashpee Wampanoag Tribe bill (The Cape Cod Times March 18, 2019)
House Democrats Plan to Move on Swampy Indian Casino Bill Backed by Warren (The Washington Free Beacon March 19, 2019)
House Democrats Look to Move Warren Casino Bill Without Debate (RedState March 18, 2019)
Members of Mashpee Wampanoag tribal council face ouster (The Cape Cod Times March 17, 2019)

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)

Mashpee Wampanoag Tribe no longer being financed by backer of stalled casino (March 4, 2019)
Mashpee Wampanoag Tribe faces new obstacle in bid to protect homelands (February 18, 2019)
Mashpee Wampanoag Tribe said to rebuke chairman as financial situation worsens (January 25, 2019)
Democrats opposed bill to protect homelands of Mashpee Wampanoag Tribe (January 11, 2019)
Mashpee Wampanoag Tribe welcomes introduction of homelands legislation (January 9, 2019)
Mashpee Wampanoag Tribe warns of losses due to stalled casino (December 10, 2018)
Mashpee Wampanoag Tribe still working with backer of derailed casino (December 4, 2018)
Mashpee Wampanoag Tribe continues fight for homelands (November 28, 2018)
Peter d'Errico: Mashpee Wampanoag Tribe falls victim to anti-Indian law (November 26, 2018)
'Termination is here': Tribes rally against Trump administration (November 14, 2018)
Recap: #StandWithMashpee march for the Mashpee Wampanoag Tribe (November 14, 2018)
National Congress of American Indians unites in face of termination threat (October 24, 2018)
Harold Frazier: Where are the Indians in the National Congress of American Indians? (September 28, 2018)
Brian Lightfoot Brown: It's time to protect our tribal homelands (September 28, 2018)
'Land is not lawfully in trust': Opponents seek action on Mashpee Wampanoag Tribe (September 12, 2018)
NCAI: Mashpee Wampanoag Tribe 'stripped' of its sovereignty (September 11, 2018)
Trump administration takes Indian Country back to termination era (September 10, 2018)
Mashpee Wampanoag Tribe still waiting on Trump administration (August 28, 2018)
'First time since termination era': Tribe's trust land remains at risk in Trump era (July 25, 2018)
Outlook for tribal homelands remains bleak in the Trump era (July 18, 2018)
Bureau of Indian Affairs finally lands a leader in the Trump era (June 29, 2018)
Graham Lee Brewer: Indian Country needs a voice in the Trump administration (June 18, 2018)
Land-into-trust fix added to controversial federal recognition bill (June 13, 2018)
Mashpee Wampanoag Tribe in limbo as gaming industry advances in Massachusetts (June 11, 2018)
Tribes call for speedy action on long-awaited Bureau of Indian Affairs pick (June 7, 2018)
Mashpee Wampanoag Tribe gains local support for homelands legislation (May 22, 2018)
Tribal homelands hit a wall under President Trump after historic Obama era (April 25, 2018)
Mashpee Wampanoag Tribe faces local questions about homelands bill (April 24, 2018)
Mashpee Wampanoag Tribe welcomes another bill to protect homelands (March 26, 2018)
Mashpee Wampanoag Tribe hails bill to reaffirm status of homelands (March 21, 2018)