Wampanoag tribe plans to scale back Middleboro casino

$1 billion resort-style casino reduced to one-third the size
By Alice C. Elwell
ENTERPRISE CORRESPONDENT
Posted Oct 20, 2009 @ 01:22 AM
$1 billion resort-style casino reduced to one-third the size
Last update Oct 20, 2009 @ 01:43 AM
MIDDLEBORO —
Tribal leaders Monday night outlined a substantially scaled-back casino project, one-third of the scope originally proposed two years ago.
Wampanoag Tribal Council Chairman Cedric Cromwell told the Casino Resort Advisory Committee the tribe has reconsidered building a $1 billion resort casino complex off Route 44 because of the failing economy.
He said the tribe is considering “one-third of that in size ... no hotel, a gaming hall with food, not a full-blown mega casino, it doesn’t make sense.”
Once before, in March 2008, the tribe scaled back the proposed casino and said it was considering a 240,000-square-foot casino with a 1,000-room hotel, a multilevel parking garage and an 18-hole golf course.
On Monday, Cromwell said the tribe will likely build a gaming hall first and follow with a 300-room hotel in a second phase. Cromwell said the tribe will use the Foxwoods model, starting with a “box” and building in phases. Cromwell said the project would be one-third of the $1 billion project that was first proposed.
“We’re not getting into a bidding war that the best is biggest,” said Aaron Tobey, tribal council vice chairman. “We’re not going to do that. We’ll find something that’s suitable for the area and gives us a return on our investment ... We’re not looking to transplant Vegas to Middleboro.”
Cromwell said before anything can move forward, the tribe must reach an agreement with its investors, TCAM, a consortium headed up by tycoons Sol Kerzner and Len Wolman. Presently all work has stopped because TCAM is not funding the tribe’s expenses. But Cromwell expects negotiations to be complete in a month and the “cease and desist” order to be lifted so the tribe’s bills can be paid.
Cromwell did not explain the nature of the disagreement with the investors, citing a “proprietary” agreement.
Until then, the environmental impact statement is on hold, something that is necessary to accompany the land in trust application that deals with wetland mitigation.
Both Cromwell and Tobey are optimistic the casino will go forward, despite setbacks with the investors. Tobey said the move to legalize Class 3 gaming in Massachusetts would give the tribe the green light for a casino once it has land taken into trust, because recognized tribes are allowed gaming by right if legal in the state.
In the event legislators allow three commercial casinos as is presently under consideration, Cromwell said the tribe looks to southeastern Massachusetts as “our zone.”
“Middleboro is the No. 1 choice for gaming in Massachusetts,” Cromwell said.
In July 2007 selectmen signed an agreement with the tribe to host a casino on more than 500 acres. In exchange for support, the town would get $7 million annually and a tax on the hotel rooms.
Michael Solimini, a casino opponent, questioned if the terms of the deal have changed.
“Middleboro was promised a large-scale casino, now the scope has changed downward ... Sounds like a bait and switch. We’re not getting what we were promised two years ago.”
“Are you saying you favor a full-blown casino?” Tobey asked. He said the tribe is following the terms of the agreement and called Solimini’s term “harsh.”
Tobey said if the tribe is advised the area is better off with a 300-room hotel that would be filled at 90 percent capacity, a 1,200-room hotel wouldn’t bring in any more tax revenue for the town.
“A 300-room hotel makes more sense,” he said.
Cromwell’s “best-case scenario” includes paying bills, submitting a draft Environmental Impact Statement by December, public hearings in January with a final EIS by July.
“If we could have it all wrapped up in a year it would be great,” he said.
Tobey said in the tribe’s goal is to have the project shovel-ready by 2012.

Federal bill could get Middleboro casino plans back on track

By Alice C. Elwell
ENTERPRISE CORRESPONDENT
Posted Oct 05, 2009 @ 02:22 AM
MIDDLEBORO —
The planned casino could be back on track if pending legislation that would put the power to take the Mashpee Wampanoag Tribe’s land into trust — the first step needed for the casino to move forward — squarely back in the hands of the federal Department of the Interior.
A February ruling by the Supreme Court, known as the Carcieri decision, said that the Secretary of the Interior exceeded his authority in taking land into trust for tribes that were not recognized when the Indian Reorganization Act was enacted in 1934.
The tribe was federally recognized in 2007 and filed a land into trust application later that year. The Supreme Court decision threw land into trust applications on the back burner, because no one was sure how the process could be completed.
The DOI continued its review of the Mashpee’s application which included a reservation on Cape Cod and a casino in Middleboro. All the while, Mashpee Wampanoag Tribal Council Chairman Cedric Cromwell remained optimistic a fix was coming.
And last week Cromwell’s expectations came true. Sen. Byron L. Dorgan, D-North Dakota, filed a bill to reaffirm the authority of the Secretary of Interior to take land into trust for Indian Tribes, a long standing practice that was stopped by the Supreme Court.
“It’s good news — there was no bill, and now there is,” said Cromwell. “They heard our message.”
But the tribe’s battles are far from over. The bill could linger in Congress for some time before being heard on the Congressional floor.
Barry Piatt, spokesperson for Dorgan, said it’s impossible to tell when it will reach Congress.
“This is more than your run-of-the-mill bill,” he said, anticipating will Dorgan usher it along, “I don’t expect it will take that long.”
Congress has until the end of next year to act on it, Piatt said.
For Cromwell, the Supreme Court decision is just more of the same adversity the tribe has faced for decades, “It’s never been an easy walk for us,” Cromwell said. “But we’ve been relentless and we’ve won.”
And it’s one battle the Mashpee won’t face alone. “Indian Country across America supports this bill,” Cromwell said.
Passage of the bill would just be the next step for the tribe for the tribe. They have yet to resolve differences with their investors, and a full blown environmental hearing must take place before the lands in Middleboro and Mashpee can be placed in trust for the tribe.
Cromwell expects a hearing to be scheduled within 4-5 months. As for investors relations, Cromwell said only that the nature of the deal was “proprietary.” The investors cut off funding to the tribe but have continued to funnel money into Middleboro to prepare for the casino.
Cromwell said he is encouraged at Speaker of the House Robert A. DeLeo’s move towards expanded gaming.
“The momentum is positive,” he said. “The tribe is deserving of a gaming license.”

Casino gaming bills for Massachusetts !!!!

Casino gaming bills for Massachusetts !!!!
News Room 04:03 PM 10-Oct-2009 NZT

Get the buses ready to roll! Casino gaming bills for Massachusetts harness racing tracks got a 'shot in the arm' Friday after a panel announced legislative hearings and testimony will take place Thursday at 10 a.m. October 29 in Boston's Gardner Auditorium.
The hearings will be conducted by the Committee on Economic Development and Emerging Technologies, according to an e-mail received yesterday afternoon by Plainridge Racecourse President Gary T. Piontkowski.
The notice proclaimed it shall be the duty of the panel to consider all matters concerning commercial and industrial establishments, casino gambling and gaming, industrial development, the racing industry, science and technology, economic development and several other business and research interests.
Piontkowski, who has been a prime mover for slots at racetracks for several years was thirlled with the news yesterday. "I'm elated gaming and expanded gaming is being considered for the harness track. We look forward to working for our horsemen, employees and the community of Plainville."
A story published in Friday's Boston Herald carried this for its headline:"400M to $1B State Budget gap feared."
House Speaker Robert DeLeo said at thursdays state budget hearing, according to the Herald's State House news service, he would peg the gap between budgeted and actual revenues at $500 million to 1billion.
Sen. President Therese Murry (D) Plymouth noted September's $243 million revenue shortfall and also called casinos in the Bay State 'inevitable.'
Jack GINNETTI

S 1703 IS

This version: Introduced in Senate. This is the original text of the bill as it was written by its sponsor and submitted to the Senate for consideration. This is the latest version of the bill available on this website.

S 1703 IS

111th CONGRESS

1st Session

S. 1703

To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.

IN THE SENATE OF THE UNITED STATES

September 24, 2009

Mr. DORGAN (for himself, Mr. TESTER, Mr. INOUYE, Mr. AKAKA, Mr. BAUCUS, Mr. UDALL of New Mexico, Mr. BINGAMAN, and Mr. FRANKEN) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

A BILL

To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. MODIFICATION OF DEFINITION.

(a) In General- Section 19 of the Act of June 18, 1934 (commonly known as the ‘Indian Reorganization Act’) (25 U.S.C. 479), is amended--

(1) in the first sentence--

(A) by striking ‘The term’ and inserting ‘Effective beginning on June 18, 1934, the term’; and

(B) by striking ‘any recognized Indian tribe now under Federal jurisdiction’ and inserting ‘any federally recognized Indian tribe’; and

(2) by striking the third sentence and inserting the following: ‘In this section, the term ‘Indian tribe’ means any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe.’.

(b) Effective Date- The amendments made by subsection (a) shall take effect as if included in the Act of June 18, 1934 (commonly known as the ‘Indian Reorganization Act’) (25 U.S.C. 479), on the date of enactment of that Act.
This bill is very large, and loading it may cause your web browser to perform sluggishly, or even freeze. This is especially true for old and/or bad browsers. As an alternative you can download the PDF of the bill or read the text on THOMAS.
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HR 3697 IH

To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes. (Introduced in House)
HR 3697 IH
111th CONGRESS
1st Session
H. R. 3697
To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.
IN THE HOUSE OF REPRESENTATIVES
October 1, 2009
Mr. COLE introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. MODIFICATION OF DEFINITION.
(a) In General- Section 19 of the Act of June 18, 1934 (commonly known as the `Indian Reorganization Act') (25 U.S.C. 479), is amended--
(1) in the first sentence--
(A) by striking `The term' and inserting `Effective beginning on June 18, 1934, the term'; and
(B) by striking `any recognized Indian tribe now under Federal jurisdiction' and inserting `any federally recognized Indian tribe'; and
(2) by striking the third sentence and inserting the following: `In this section, the term `Indian tribe' means any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe.'.
(b) Effective Date- The amendments made by subsection (a) shall take effect as if included in the Act of June 18, 1934 (commonly known as the `Indian Reorganization Act') (25 U.S.C. 479), on the date of enactment of that Act.

Tribal officials says casino plans likely to go forward

October 01, 2009 9:56 AM

By JANE LOPES
Editor
MIDDLEBORO — Mashpee Wampanoag tribal officials believe that their plans for a casino resort in Middleboro will be in forward motion again by the end of this year as a result of congressional action, negotiations with their investors and other events that are in process.
Sen. Byron Dorgan (D-North Dakota), chairman of the Committee on Indian Affairs, has filed an amendment to the Indian Reorganization Act of 1934, the legislation that the Supreme Court ruled earlier this year prohibits the Secretary of the Interior from taking land into trust for tribes that were federally recognized after that date.
The amendment, according to Sen. Dorgan's floor statement last week, would "reaffirm the Secretary's authority to take lands into trust for indian tribes, regardless of when they were recognized by the federal government.
The Mashpee tribe, which won federal recognition in 2007, has asked the federal government to take into trust on its behalf the 539-acre proposed casino resort site in Middleboro and about 100 acres of land in Mashpee. The land-in-trust action is necessary for the tribe to be able to proceed with its plans.
"This would not only clear up any confusion created by the Supreme Court decision but also avoids expensive litigation," said Tribal Council Vice Chairman Aaron Tobey.
He said the legislation would end inequities that run contrary to the Indian Reorganization Act, whose fundamental purpose, he said, was also to "restore land to tribes."
Mr. Tobey said he and Tribal Council Chairman Cedric Cromwell visited Sen. Dorgan's office when they were in Washington this summer.
"I would like to believe he took into consideration the consultations we had with his staff," Mr. Tobey said. The amendment is in "strong language that keeps all the tribes on equal ground," he said.
Mr. Tobey said tribal officials are also currently working on a resolution to differences with their investors that became public last spring.
Following a vote by the tribal council on June 10 and a subsequent tribal meeting, the tribe has asked to renegotiate the terms of the 2006 agreement with casino developers Sol Kerzner and Len Wolman, the developers of the Mohegan Sun resort in Connecticut who formed the partnership Trading Cove at Mashpee (TCAM) for the Mashpee Wampanoag project.
The investors stopped making monthly payments to the tribe in May, but tribal officials and the investors said the development services agreement (DSA) with TCAM remains in force in the meantime, and casino planning payments would continue to be made by the town (see separate story on Page Three).
"Both parties want the casino in Middleboro to be a success," Mr. Tobey said.
Rumors have been circulating that the tribe's agreement with the investors called for the contract to be void by a specific date if certain benchmarks were not met, and the deadline was said to be as early as today.
"There is no 'end date,'" Mr. Tobey said. "The service agreement gives the developer the ability to terminate the agreement if certain conditions are not met, but they have not even broached that subject."
He said he and the tribal council chairman are hopeful that issues with the investors will be resolved by the end of the year.

Run of good luck for Mashpee tribe

By George Brennan
gbrennan@capecodonline.com
September 28, 2009
If they were playing craps, they'd be on a hot streak.
Buoyed by a U.S. Senate bill filed last week that could free up their stalled land-into-trust application, the Mashpee Wampanoag tribe is also applauding the decision by the federal Bureau of Indian Affairs to review restrictions on off-reservation Indian casinos.
Last week, George Skibine, deputy assistant secretary of the BIA, told The Wall Street Journal the White House is rethinking a Bush administration policy that requires a casino to be within a "commutable distance" of a reservation.
"It's an important issue. It's a controversial issue and they're rethinking it," Skibine told the Journal.
Skibine declined a request for an interview, but a BIA spokesman said the agency is taking a close look at all policies put in place by the previous administration.
"It doesn't mean that it's going to (change)," spokesman Gary Garrison said Friday.
Meanwhile, Skibine has been picked to take over the National Indian Gaming Commission, the federal agency that oversees Indian casinos, on an interim basis, a spokesman for that agency confirmed Friday. Current commission Chairman Phil Hagen is retiring next month.
Encouraging trend
The Mashpee Wampanoag tribe is encouraged by what's happening in Washington.
"The Obama administration is taking a good look and being very supportive of Indian country," Mashpee Wampanoag chairman Cedric Cromwell said. "We haven't seen that for a long time."
Last year the Bush-controlled Department of the Interior, which oversees the BIA, rejected the applications of 12 Indian tribes for off-reservation casinos.
The Wampanoag contend their land-into-trust application is for an initial reservation — 539 acres in Middleboro and 140 in Mashpee — and the off-reservation restrictions don't apply, but critics have said the tribe hasn't proven historical ties to the off-Cape town.
Cromwell said the tribe has shown its ties to Middleboro in a detailed report filed with the BIA.
Other tribes and a consultant hired by Halifax, a town bordering Middleboro, have poked holes in that report, which could mean a protracted battle for the Wampanoag.
A change in BIA policy on off-reservation casinos could change that, though Kathryn Rand, an Indian gaming expert at the University of North Dakota, said she expects a compromise.
"There are two camps — the camp on the side for lessening the restraints has grown in optimism with the Obama administration," Rand said. "The opposition has stayed strong, so I believe we're going to see a compromise rather than a flat-out reversal."
Opponents point out that the bill filed last week that would allow the Interior Department to resume taking land into trust for tribes recognized after 1934 is not a done deal.
Neither is the BIA's possible change in policy on off-reservation casinos.
Foes want tougher rules
There is a strong appetite to tighten federal Indian casino laws and eliminate the practice of so-called "reservation shopping," said Rich Young, president of an anti-casino group in Middleboro.
"It has nothing to do with reservations and traditional homelands," Young said. "It has to do with sites for casinos and that's wrong."
Five U.S. senators recently sent a letter to Ken Salazar, secretary of the Interior, criticizing reservation shopping, Rand said.
"I would expect to see some change to the former administration's off-reservation and land-into-trust policies, not a 180," she said.
The Obama administration will make the case that easing the restrictions is necessary for economic development for tribes, Cromwell said.
"This is good for Indian country as a whole," he said. "It would provide jobs not only for Indian nations, but for our neighbors."

Bill could help tribe secure land for casino

By George Brennan
gbrennan@capecodonline.com
September 25, 2009
A bill filed yesterday by U.S. Sen. Byron Dorgan, D-North Dakota, could pave the way for the Mashpee Wampanoag to get land into trust for a casino.
Dorgan, chairman of the Senate Indian Affairs committee, proposed an amendment to the Indian Reorganization Act of 1934, which would give tribes recognized after that date the same rights to put land into federal trust as those acknowledged before that date.
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That includes the Mashpee tribe, which gained federal recognition in 2007, and hopes to build an Indian casino on 539 acres in Middleboro. The tribe has also applied to put 140 acres in Mashpee into federal trust for housing and other tribe initiatives.
That application has been stalled by a February ruling by the U.S. Supreme Court that stripped the U.S. Department of the Interior's authority to take land into trust for tribes recognized after 1934. Though that case involved a land dispute between Rhode Island Gov. Donald Carcieri and the Narragansett Tribe, it had far-reaching implications for all tribes, including the Wampanoag, according to legal experts.
Dorgan's bill provides a so-called "Carcieri fix" that restores the Interior Department's authority in land cases.
"The legislation I'm introducing today is necessary to reaffirm the Secretary's authority to take lands into trust for Indian tribes, regardless of when they were recognized by the federal government," Dorgan said in introducing the bill.
The bill amends the 1934 act by changing a few words, chief among them removing the word "now" which Supreme Court justices noted in their decision.
"The language is strong," Mashpee Wampanoag Vice Chairman Aaron Tobey said yesterday. "Obviously, it's Indian friendly"» That language was similar to something the tribes had proposed early on. Now it's a matter of what happens next with the bill."
In July, tribal council Chairman Cedric Cromwell went to Washington to lobby Larry EchoHawk, the newly appointed assistant secretary for Indian Affairs, saying that the Carcieri decision paralyzed the land-into-trust process and essentially made the Wampanoag a sovereign nation with no land.
Just because a fix has been suggested doesn't mean it will get approved, said Rich Young, president of Casinofacts, an anti-casino organization in Middleboro.
His group and others will continue to lobby Congress to use this as an opportunity to fix problems with the Indian Gaming Regulatory Act, he said.
Even if the Carcieri fix is approved, the tribe faces some significant hurdles. The tribe reached an impasse with its investors that remains unresolved and questions have been raised about the tribe's historical ties to Middleboro

Mass. leaders lining up behind resort casino push

By STEVE LeBLANC and THOMAS GRILLO
Associated Press writer
September 19, 2009 12:00 AM
BOSTON — Massachusetts' top political leaders are lining up behind a push for resort-style casinos as the state searches for new revenues in the face of continued grim fiscal forecasts.
House Speaker Robert DeLeo said Friday he's "expanded his thinking" and now supports the construction of resort casinos. DeLeo had previously backed slot machines at the state's horse and dog tracks, two of which are in his district.
The Mashpee Wampanoag tribe is pursuing plans to build a casino in Middleboro.
In a speech to the Associated Industries of Massachusetts on Friday, DeLeo said the expanded gaming issue would come up during the current legislative session. The Winthrop Democrat said he doesn't see gaming as a panacea to all of the state's fiscal problems, but "one more tool that can help our state prosper."
"I also view gaming as an additional industry that could help support our statewide economy and build on the travel and tourism sector," DeLeo said, adding the state also "will explore the idea of using gaming proceeds to invest in other industries."
Gov. Deval Patrick and Senate President Therese Murray, both Democrats, also said Friday they support casinos. Patrick previously had proposed licensing three resort-style casinos, a move that was quashed by former House Speaker Salvatore DiMasi.
Murray, speaking before the Plymouth Area Chamber of Commerce Breakfast on Friday, said, "If we are going to approve gaming, we should explore the option of resort-style destination casinos."
"The reality is that hundreds of millions of dollars are going to Connecticut casinos from Massachusetts residents every year. We need to explore ways how we can capture that revenue," she said in prepared remarks released by her office. "In addition to retaining the revenue, it will create jobs and get people back to work."
One proposal gaining steam would allow for two race tracks with slots — which could bolster at least one of the race tracks in DeLeo's district — and two fully developed resorts.
"These types of casinos would have more to attract people than just gaming — music, entertainment, golf, retail, dining," Murray said in a statement.
State Rep. Martin J. Walsh (D-Dorchester) said the smaller plans are a result of the shrinking economy.
"If you have too much competition, you water down the number of people who will use them," said Walsh, who added that he hopes to get legislation passed by the end of the year.
"Everyone knows what's going on in the economy, and we have to start paying attention to it now," DeLeo said. "We can only keep on cutting so much money from our budget. I'm hoping to file a bill by late October."
Most House members fell in line with DiMasi's opposition to expanded gambling last year. But with DiMasi gone, lawmakers are lining up in favor of legislation.
Rep. Brian S. Dempsey, a Haverhill Democrat who once opposed expanded gambling, said he's open to it.
"We have an unemployment rate of 9.1 percent, revenues are declining, and we need to look at this to fill in the gaps," Dempsey said.
Critics say gambling is addictive and casinos in other states are no longer producing the revenues they once did.
Kathleen Norbut, president of United to Stop Slots in Massachusetts, which opposes expanding gambling, called it "bizarre" that DeLeo would call for casinos when gambling facilities in other states are struggling.
"He's running after a train that left the station 10 years ago and has crashed," she said.
State Sen. Susan Tucker, D-Andover, a longtime gambling opponent, also said she was confused why any state lawmaker would support new casinos at a time when existing casinos are laying off workers.
She called proposals to build resort casinos "reverse Robin Hood" because they would take money from those with gambling addictions in poor communities and give it to rich developers.
"We can't gamble our way out of the recession," Tucker said. "Building casinos, slot machines and more racing tracks moves Massachusetts in the wrong direction."
Patrick, speaking with reporters after a cabinet meeting near his vacation home in the Berkshire Mountains, said he and the other leaders had not had any substantive conversation on the issue but he was happy he wasn't going to be broaching the issue alone.
"There is an opportunity for us to have a thoughtful plan this time, a plan we've all involved ourselves in, rather than my having put the bogey down and everybody else reacting to it," he said.
He said the only degree of uniformity "is our shared interest in expanded gaming in some form, but what form that takes, and over what period of time, and what of the multiple interests are served, are big and open questions."
Asked if he were more optimistic a bill would pass this time, he replied: "It really depends on what's in the bill. I'm not going to support a casino bill just because it's expanded gaming."
Pro-gambling groups have ramped up their lobbying efforts in Massachusetts, a recent review of state lobbying records by The Associated Press found.
In 2005, companies and groups pushing legalized gambling spent $764,500 on lobbyists to press their message on Beacon Hill.
During the first six months of 2009, those same interests surpassed that total, pouring $777,983 into lobbying.
In the past 4½ years, pro-gambling groups — including casino developers, the state's racetracks, poker player groups, and gambling technology firms — have spent more than $5 million on lobbying in Massachusetts.
AP writers Mark Pratt, Russell Contreras and Glen Johnson contributed to this report.

Could Middleboro casino plans move ahead without the tribe?

By Kyle Alspach
ENTERPRISE STAFF WRITER
Posted Aug 20, 2009 @ 01:32 AM
Last update Aug 20, 2009 @ 01:59 AM
MIDDLEBORO —
They may not be funding the Mashpee Wampanoags any longer, but the investors behind a proposed $1 billion casino are still making payments to the town.
With the prospect of legalized casinos on the horizon for Massachusetts, the arrangement raises questions about whether the investors may try to bring a casino to Middleboro without the help of the tribe.
“Some of the groundwork has already been done,” said Middleboro Selectman Muriel Duphily. “It would be to their advantage to do (a state-licensed casino) here, rather than somewhere else.”
Among other things, Middleboro voters have already approved bringing a casino to the town, Duphily said. Such an approval would likely be required for any casino under state legislation, said Clyde Barrow, a UMass-Dartmouth gambling researcher.
The partnership between the investors and the tribe is up in the air amid concerns that a U.S. Supreme Court ruling in February has doomed the casino project.
The “Carcieri” ruling said the U.S. government has no authority to set aside sovereign land for tribes, such as the Mashpee, that were recognized by the government after 1934.
The tribe is seeking to have more than 500 acres in Middleboro set aside as a reservation to open the resort casino there.
Members of the Mashpee Wampanoag tribal council recently told The Enterprise they’ve been cut off from all funding by casino investors Sol Kerzner and Len Wolman.
But the investors did come through last month on their annual $250,000 payment to Middleboro for casino planning work.
Barrow said this may suggest the investors remain interested in Middleboro as a site for a casino, even if the tribe isn’t involved.
“They would certainly be a strong contender in any kind of bid” for a casino license, Barrow said.
Still, a state-licensed casino would have none of the advantages the investors hoped to get by working with the tribe — namely, tax-free status, Barrow noted.
In a statement, the investors said their agreement with the tribe is in “full force and effect” but declined to comment further.
Members of the Mashpee tribal council did not return a message seeking comment Wednesday.
The state Legislature, which rejected Gov. Deval Patrick’s proposal for three state-licensed casinos last year, is expected to reconsider casinos and slot machines this fall amid declining state revenues.
But many believe that if a state-licensed casino comes to southeastern Massachusetts, it will be located in New Bedford, not Middleboro.
“My view is that all of this is going to be driven by where the votes are,” said Adam Bond, a former Middleboro selectman who helped negotiate the town’s casino deal with the Mashpee tribe.
“The state would rather have it in New Bedford, where there’s a larger voting base than Middleboro,” he said. “No power, no play.”

Massachusetts Casino Plan Would Bring Much Needed Jobs

August 15, 2009Posted By Tom JonesStaff Editor, CasinoGamblingWeb.com

Over 30,000 employment opportunities, that is what would be created if legalized casino gambling became a reality in the state of Massachusetts. That is a figure even the most passionate casino detractors would have to consider. At a time when Massachusetts ranks near the bottom of the country when it comes to employment growth, casinos are desperately needed to bridge the gap. That is just one of the reasons that Governor Duval Patrick has been pushing his casino agenda since he took office in the state. "In a state that is having trouble creating new jobs for their residents, casinos would be a logical solution to the problem," said observer William Hinder, "just the construction jobs alone that would be created would be substantial, not to mention the permanent jobs." If casinos were approved, it is estimated that between 10,000 and 12,000 temporary construction jobs would be created. The permanent job estimates are between 17,000 and 21,000. That is over 25,000 guaranteed jobs at a time when people all across the country are out of work in record numbers. Patrick';s casino plan was originally denied by legislators, mainly because of the former Speaker of the House. The new Speaker, Robert DeLeo, is a proponent of casino gambling, and that could help Patrick in his future attempts to legalize casinos. The economic impact of casinos in Massachusetts would be enormous. The casinos themselves, would pump millions of dollars into the economy from revenue sharing with the state. In addition, the people who gain jobs within the casinos would have more funds to spread throughout their communities.

Empty coffers, political shifts may bode well for gambling expansion this fall

By Steve Decosta
sdecosta@s-t.com
August 16, 2009 2:00 AM

In Massachusetts, it's all about money and politics. And when their paths converge, the results can be cataclysmic.
The issue of expanded gambling has been kicking around the Statehouse for decades, and so far it has been consistently kicked to the curb by a skeptical, managed House of Representatives.
But now, driven by the desire for new revenue in these times of shrinking tax takes, the issue is back, with legislative leaders promising hearings this fall. And the state's political bedrock has shifted, leading many observers to speculate that casinos and slot machines will become the state's next cash cow.
"I think we'll see a real nasty debate," but "it's pretty clear something is going to pass," said Clyde W. Barrow, who studies the New England gambling landscape as head of UMass Dartmouth's Center for Policy Analysis. "There's too much support in the House. They know the public support is there and the bidders are still lined up."
Legislators on both sides of the argument agree.
"I think we're likely to see a different outcome this time," said state Rep. Robert Koczera, a New Bedford Democrat who has been pushing his own gaming legislation for the past several House sessions.
And even Rep. Michael Rodrigues, a skeptical Westport Democrat who calls gambling "the issue that sucks the life and the oxygen away from every other issue," admits that proponents are gaining ground. "I think there's the greater possibility that it will be different this time," he said. "We have a speaker now who is a proponent."
Politics have changed
It's that change in the political landscape, even more than the increasing need to find additional sources of revenue as the state's tax revenues steadily decline, that has reinvigorated gambling proponents.
In its most recent incarnations, the gaming issue has been expertly steered to defeat by former House Speaker Salvatore DiMasi and his henchman, Rep. Daniel Bosley, the North Adams Democrat who chaired the Committee on Economic Development and Emerging Technologies that narrowly issued a negative recommendation on the governor's proposed casino legislation last year.
But now the two are out of the picture. The disgraced DiMasi is awaiting trial on public corruption charges while Bosley has been replaced on the committee by Senate and House chairmen who pledge an open debate on the issue.
DiMasi's replacement, Robert DeLeo, is an open proponent of expanded gambling, particularly slot machines at the state's race tracks. Two of the tracks — Suffolk Downs and Wonderland Greyhound Park — are in his district.
"I've spoken to the speaker on two separate occasions and he's very much open on the question," Koczera said. "That will make a difference in terms of hearings. The role of the speaker is critical."
Rep. Stephen Canessa, a New Bedford Democrat, said, "We have a governor, a Senate president and a House speaker who are all in favor of expanded gaming to different degrees."
Sen. President Therese Murray, a Plymouth Democrat, famously said, "cha-ching" and mimicked pulling a slot-machine lever when asked earlier this year about the prospect of expanded gambling.
Gov. Deval Patrick strongly favors the development of three commercial resort casinos — one each in Southeastern Massachusetts, Western Massachusetts and metropolitan Boston as a means of revenue enhancement and economic development. His plan was soundly defeated, 106 to 48, by the House in March 2008.
A number of observers privately have said that vote might not have been a true reflection of House sentiment. Some members, fearing possible reprisals from the speaker, might have been reluctant to favor a proposal whose outcome was in serious doubt.
"Still, there's a lot of votes to switch," Rep. Rodrigues said. "The speaker may provide some leadership influence, but this is one of the core issues, like the death penalty or abortion, where you've got to stake out your position and it can be difficult to switch."
Not so, said Rep. David Flynn, long a champion of slot machines at the race tracks. "I think the votes are there as long as the speaker supports it."
And now that the Legislature has wrapped up action on this year's state budget and ethics reform, expanded gambling is on the fast track.
"The fact that they're already working with the attorney general on a crime bill, with money laundering and like, to get that legislation out of the way tells me they want to work quickly," Barrow said.
"It's critically important that we do it this fall," Koczera said. "New Hampshire is discussing it. Rhode Island is getting closer and closer to turning Twin River into a full-blown casino."
Still taking shape
While most observers expect something to happen this fall, no one is quite sure what form any legislation will take.
Speaker DeLeo is "now at the point of saying there will be a combination (of casinos and slot machines at the state's race tracks)," Koczera said. "I don't know what that means. I'm not sure where that goes. They're an altogether different type of venue with different clientele."
"I have no sense in what form the issue might come up," Rep. Rodrigues said. "I think it's still all up in the air.
"I think it will be something that comes out of committee. I think they'll take the (bills) that have been filed, roll them up into one and have a committee redraft."
Barrow agreed. "They'll work off some of the bills that have been introduced. They'll probably pick two bills — a slots bill and a casino bill — and somehow work to merge them."
"DeLeo is really favoring slot machines at the tracks," Barrow continued. "The House is interested in generating as much revenue as quickly as possible and they believe slot machines at the tracks could be up and running more quickly. The governor and the Senate president favor resort casinos."
"I think you might get some compromise legislation, either with three casinos and racinos at the two Southeastern Massachusetts tracks or three racinos and two casinos," Barrow said.
And it's looking increasingly likely that any casino destined for Southeastern Massachusetts could end up in New Bedford, Barrow said.
"I think New Bedford is better positioned now than it has been in years," Barrow said. "Although putting slots at the tracks might diminish the value of a casino license in New Bedford a little bit because they're so close, I think it still would work."
The Mashpee Wampanoag tribe, which was granted federal recognition in 2007, has applied to put 539 acres in Middleboro into federal trust as the site for a planned $1 billion casino, but its efforts were thwarted by a U.S. Supreme Court ruling that the secretary of the U.S. Department of the Interior does not have the authority to take land into trust for tribes federally recognized after the Indian Reorganization Act of 1934.
While the governor's three-casino plan would have given recognized tribes an unspecified advantage in gaining any available commercial casino licenses, the tribe has not moved in that direction.
"Everybody in the state has talked to (the Mashpee Wampanoag) and told them they have a guaranteed license if they partner with a commercial casino operator and move it to New Bedford," Barrow said. "But they're still sticking to their official line that they're trying to change the legislation in Congress, even though everybody is telling them that's not going to happen.
"They're not even part of the discussion on Beacon Hill at this point," he said.
The only announced effort to bring a casino to New Bedford is a bid by Northeast Resorts of Longmeadow, which holds options on 35 acres of prime real estate just south of Interstate 195 on which it hopes to build a $1 billion casino.
"Southeastern Mass. is, in my opinion, ideally suited for a casino," Rep. Koczera said. "It's not a panacea, but the area would benefit greatly in a time of job loss.
His colleague, Rep. Rodrigues, disagreed.
"If you look at the states with gambling, they're in worse shape than we are," Rodrigues said. "They have higher tax rates, higher unemployment; they're a mess."
"The industry will promise you anything to get their foot in the door," he continued. "Twin River is a perfect example. In Rhode Island, they accepted a 60 percent tax on gaming revenue. Now, when that didn't work, they'll file bankruptcy and they'll come out of it with a different payout and they got what they wanted."

Mashpee leader: Carcieri fix must be ‘retrospective, prospective’ – and speedy

By Gale Courey Toensing
Story Published: Aug 5, 2009
Story Updated: Jul 31, 2009

WASHINGTON – A legislative fix to the U.S. Supreme Court’s “very terrible and bad” Carcieri ruling should provide a clear and solid affirmation that all federally recognized tribes past and future have an inalienable right to trust land – and it should be enacted by the end of this year.That was the message Cedric Cromwell, the chairman of the Mashpee Wampanoag Tribe, brought to a consultation session with Assistant Secretary of Indian Affairs Larry Echohawk in Arlington, Va. July 8.The session was one of three consultation meetings the federal agency has held with Indian nations to get their input on potential legislation to repair the high court’s damaging February ruling that the Interior secretary does not have the authority to take land into trust for nations federally recognized after the 1934 Indian Reorganization Act.Land into trust opponents are already taking advantage of the ruling to try to stop Indian nations from securing the land they need for economic development, housing, health care, education facilities and their citizens’ other social needs.In Tulsa, for example, City Councilor Bill Christiansen began organizing a fight against efforts by the Muscogee (Creek) Nation to place two parcels of land into federal trust, arguing the city would lose more property and sales taxes if the BIA grants more land into trust for the tribe.The Carcieri land into trust roadblock is particularly ironic for the Mashpees, given that their ancestors were the indigenous people who met and welcomed the first wave of English settler-colonists on the shores of Cape Cod in 1620, helping them survive the harsh northeastern woodlands winter.“That’s one of the reasons why Americans are here today. The Supreme Court did something very terrible and bad in its Carcieri decision, and I can’t understand how they can sleep at night knowing what they did was so hurtful to our people,” Cromwell said. “All federally recognized tribes should be able to take land into trust via the secretary of the Interior Department, retrospectively and prospectively, now and hereafter, so that someone does not manipulate the Indian Reorganization Act again, because that’s exactly what the Supreme Court did.”The Mashpees received federal recognition in 2007 after spending 32 years in the BIA queue.When the first settler-colonists arrived in the “New World,” the Wampanoags’ dominated the southeastern part of what became Massachusetts and their territory extended from Narragansett Bay and the Pawtucket River to the Atlantic coast, including Nantucket and what became Martha’s Vineyard.Today, the tribe is landless. But the inherent sovereignty of Indian nations is land-based, Cromwell said.“You take land into trust so that you can be a sovereign and provide for your people. It shouldn’t ever be two classes of Native American peoples – nations with land in trust and those that don’t have land. The 1994 amendment to the Indian Reorganization Act said just that – that all tribes should be treated equally.”In his written testimony, Cromwell asked Echohawk to support immediate legislative relief through Congress to ensure that all federally recognized tribes have full and equal access to the benefits of the IRA.“Indian country needs the active support of the Interior Department and of the rest of the Obama administration. We ask that the administration formally request that Congress act on a legislative fix by this fall. We seek a commitment to work with the House and Senate to ensure that the legislative fix becomes law by the end of this year.”Cromwell said all the nations are speaking with one voice on the issue, and the Interior Department appears to back them up.“Interior Department Secretary Ken Salazar said he wants a fix for the situation and before they do the fix, he asked the Assistant Secretary Echohawk and Interior Solicitor Hilary Tompkins to get out there and have these consultation sessions. So I’m hopeful, because before they make any decision they do have to hear from the tribes around what our concerns are.”It was the first time Cromwell presented testimony to the federal agency. Elected in February, Cromwell replaced former Chairman Glenn Marshall, who was convicted on various charges of embezzlement and sentenced to three-and-a-half years in prison after pleading guilty in February.A week before the Washington area consultation session, Cromwell was decked out in a feathered headdress and ribbon shirt, drumming and dancing at the Mashpee Wampanoags’ 88th Annual Powwow, a three-day event over the July 4 weekend.A former senior directing manager at Fidelity Investment where he handled a $100 million portfolio, Cromwell said the transition from tribal mode to Washington mode is nothing new. He said Indians have had to be successful navigating both worlds for a long time.“I wore a suit in Washington; however, I wore a wampum bolo to represent who I am as a Mashpee Wampanoag. Growing up in Boston, I was always a Mashpee living in an Indian household in the middle of an urban environment. The theory is one foot in a moccasin and one foot in a shoe. Native Americans have to be able to interpret and understand the non-Native world to be successful in the non-Native world, which dominates our environment. It’s like speaking two languages.”The pow wow was a huge success, drawing more than 7,000 people from all over the northeast and beyond.A high point of the event is the unique Mashpee fireball game, a traditional medicine game played on Saturday night after dark in which two teams of players throw, grab and kick a flaming ball of fire made of kerosene-soaked deer skin and other materials by a tribal member. Teams score by getting the ball past a goal post.Cromwell said he played the game this year for his father, who passed away.The pow wow theme of “honoring tribal medicine” was particularly appropriate for the tribe, which is trying to heal the wounds and divisions left in the wake of Marshall’s criminal activities.

Illinois goes for revenue

By Hilary DickinsonDaily News correspondent
Published: Tuesday, August 4, 2009 11:58 AM CDT

From machines to potential Rockford casinoThough video gambling in Illinois licensed liquor establishments was legalized in July and the Senate recently passed a bill that could bring a riverboat casino to Rockford, the competition won’t affect Beloit’s long-delayed tribal casino, according to city officials.The Stateline Area is a big enough market for two casinos and video gambling, said Beloit City Manager Larry Arft, who asserts that Beloit’s proposed casino is different.“This is a fully land-based casino with recreational and leisure activities,” Arft said. “You don’t necessarily need an exclusive market for a business to be successful.”

For example, casinos are clustered in Las Vegas but are still doing business, he said.In fact, market feasibility studies confirm the market can handle some competition, according to Beloit Casino Project spokesperson Joseph Hunt, who added that he has been hearing plans for a Rockford casino every couple of years for the last decade.The bill that proposes the city’s riverboat casino has seriously been looked at for two years now and still has a ways to go, said Sen. Dave Syverson, R-Rockford, who is the bill co-sponsor. Syverson has been an outspoken opponent of the Beloit plan.Syverson’s bill passed 30-28 in the Senate on May 30, but for now it is stalled until the next legislative session begins in January.He said he’s not worried about competition with Beloit because Joliet and Aurora have demonstrated that casinos in close proximity to each other can do well.Rep. Lou Lang, D-Skokie, the bill’s House sponsor, said he has been trying for more than 10 years to pass legislation in Springfield for riverboats.Now with the bad economy, however, he thinks legislators would rather vote for gambling than for higher taxes.“I believe we have enough votes in the House to pass a gaming bill. I’m just not sure in this form.”Rockford officials, however, aren’t optimistic the bill will get passed.“The topic comes up every April,” said Deputy City Administrator Julia Scott-Valdez, who was speaking on behalf of Rockford Mayor Larry Morrissey. “The first place to get a license is likely Chicago and who knows if that will even happen. The Rockford one is highly unlikely in the near future.”Arft agrees the gambling market may not see a Rockford casino.“They’ve been after it for a long time and haven’t gotten it approved yet, but we could say the same thing,” he said.The St. Croix Chippewa Tribe of Wisconsin, which has been attempting to get the Beloit casino built for years along with the Bad River Band, has been engaged in a legal battle with the federal government stemming from the tribe’s lawsuit alleging that Dirk Kempthorne, the former Secretary of the Department of the Interior, wrongfully changed the rules of the Indian Gaming Regulatory Act’s land-into-trust approval process.On July 15 the tribe submitted its reply brief to the U.S. Court of Appeals for the District of Columbia Circuit, and currently the tribe has no active land-into-trust application, Arft said.The Wisconsin legislature doesn’t have a role in the approval process, so neither Sen. Judy Robson, D-Beloit, nor Gov. Jim Doyle can speed up the tribal project before Illinois might act on a Rockford casino, said Kelley Flury, the senator’s aide.“There’s no one in Beloit or at the two tribes who wouldn’t be thrilled if the process could be accelerated because we’ve been stymied in our attempt to get this project off the ground,” Hunt said.One gambling project that has gotten off the ground is the newly legalized video gambling program in Illinois that allows for any licensed liquor establishment to have up to five video gaming machines.The participating restaurants, bars, truck stops, and fraternal and veteran organizations along the Winnebago County border, however, do not pose a threat to the tribal casino, Arft said.“It would be more competition for other taverns and drinking establishments,” he said. “But it’s not going to create enough competition to hurt a fully land-based casino.”Currently the program has no state appropriation, said Illinois Gaming Board spokesperson, Gene O’Shea. There is no definite date for when the act will be implemented, and lawmakers meanwhile are drafting the rules.Whether or not the market for gamblers could become too crowded, Arft is concentrated on getting the tribal casino built.“I have every confidence (the tribe) can get it approved and it will be successful here,” Arft said.

Archaeological digs confirm Wampanoags' ancient ties to Middleboro area

This is worth posting again in light of what Connecticut-based historian James Lynch had to say recently.

By Alice C. Elwell
Thu Sep 13, 2007, 02:22 PM EDT
In 10,000 B.C., ancestors of the Wampanoag Indians hunted for wooly beasts called mastodons along the shore of what is today Assawompset Pond in Middleboro.
“The first people (had) descended from groups of Asians that crossed into the Americas via the Bering Strait, perhaps as early as 30,000 B.C.,” says archaeologist and anthropologist Charles T. Robinson, an expert on the history of native peoples in the region.
This mobile people followed the herds, taking 20,000 years to reach the east coast, he said, where they hunted for big game like the mastodons and over time stuck around long enough to form semi-permanent villages. This was long before colonists from England sailed across the Atlantic and arrived in their “New World,” setting the stage for a culture clash that led to the decimation of the Indian tribes that had once ruled the region.
Those early Indian villages, and the way of life of the native people who occupied them, fascinate Robinson, a Rehoboth resident who has authored several bestsellers about the ancient history of New England.
He has studied archaeological digs in Middleboro, researched collections of American Indian artifacts and studied folklore and legends. He has interviewed living American Indians and has researched historical colonial manuscripts.
His studies have led Robinson to dismiss the recent controversy — stirred after the Mashpee Wampanoags proposed building a resort casino in the town — over which tribes have authentic historic ties to Middleboro.
“My research has revealed the Wampanoags were a single tribe, governed by a single sachem whose seat was at Mount Hope Bay,” Robinson said. “Individual villages were headed by a village chief, a Sagamore.”
He said that while the Seekonk Wampanoags claim they are not part of the Wampanoag tribe, “it's just not true.”All Wampanoags were at one time “one unified tribe,” he said. Hunting big game Middleboro is rich in native history. Stone points found buried on the lake shore in Middleboro are from spears made by Paleo-Indians, the first people in the area, he said. They were found at the lowest level of an archaeological dig, corresponding with the time of the mastodons.
During that period, Robinson said, the landscape was very different. There were few trees and mostly tundra grasses.“It was a glacial wasteland,” he said. But those grasses drew the wooly beast and the nomadic people who hunted it.
The abundance of the Assawompset Pond area kept the hunter-gatherers there. The Assawompset, in Lakeville and Middleboro, is the largest natural lake in Massachusetts.An ancient site in Middleboro near the lake's north shore may be the most critical archaeological location on the eastern seaboard because it was the first semi-permanent village of those native people, he said.
The village contains seven circular structures. “Nothing that can compare to it has been found anywhere else,” he said. The structures were 33 to 66 feet in diameter, built with solid beams and posts, and the largest contained the remains of 11 human burials.
Among Robinson's artifacts is a stone “celt,” a tool used to remove bark. It shows the wear of the thumb that grasped it.
“You can see where the thumb wore away a portion, you can see exactly how an Indian held it,” he said.
Robinson said the excavated village has been carbon-dated to 2,300 B.C. About 100 people lived in the early village as they followed the migratory patterns of game. The village sits on a large hill where the inhabitants could survey the landscape in search of herds of caribou and mastodon to hunt Robinson's artifact collection also contains fishing weights and plummets used by the early people living along the lake. The lake was even larger then, Robinson said, providing plentiful fish in the spring.
The first arrivals, the Paleo-Indians, adapted to the changing climate as the glacier receded, temperatures warmed and the flora and fauna evolved in their new environment. They eventually developed into the Wampanoags, a nation that stretched from what is now Plymouth to the supreme leader's seat in Mount Hope Bay.Later, when maize was introduced to the region, corn fields turned the hunting bands into farmers who cleared the land for agriculture.
“Once corn came, the most critical development was a stable food supply and well-defined tribal territories,” he said. “With a stable food supply, they now had enough leisure time to develop non-material facets of their culture: religion, customs and beliefs.”The Wampanoags who greeted the colonists in 1620 were from a sophisticated culture that had a full knowledge of medicinal remedies. “Their medicine was probably more advanced than the white colonists,” Robinson said.Rudely interruptedThe Wampanoag culture was “rudely interrupted” by the waves of colonists, who “greedily gobbled up land” and didn't explain private property laws to Indians, Robinson said. Walls went up that shut Indians out from land their ancestors had wandered for centuries.
Inevitably, King Philip's War erupted and the Wampanoag culture was virtually wiped out, Robinson said.
“The majority were killed or sent to the West Indies, where they very quickly lost their Wampanoag identity,” he said. “They occupied the land for 10,000 years, and within a mere 70 years we took it away ... We undid thousands of years of cultural evolution.”Now, Robinson asserted, the emergence of the Mashpee Wampanoag as a sovereign nation intent on building a casino to fund their renaissance could cause them to lose the integrity of their culture.
While admitting he is not an expert on tribal casinos, Robinson said, “Casinos themselves do nothing more than make them less Indian and more like greedy American businessmen.
“The focus is about profits — big profits,” Robinson said, “Casinos further assimilate them, rather than highlighting their distinct culture as it stood apart from our culture.”

Boston Pop Culture 101: the latest on Massachusetts casinos

July 21, 9:34 PM
Kristin Chamberlain

Is Massachusetts ready for a casino, or perhaps several casinos? Proposals are in for gaming establishments in both Middleboro and New Bedford, and residents all over the state have been weighing-in on the plans for more than 2 years now. Some residents welcome the idea of a casino, in that it would create new jobs, and would bring a lot of revenue to the state and to the local communities. Some also ask “why gamble in Rhode Island and Connecticut when we could be spending the money here?”
Others still aren’t too thrilled about the idea altogether.
Opponents to opening casinos in Massachusetts argue that no studies have proven that casinos bring any real extra revenue to the states in which they reside. Some contend that having a casino close-by would create gambling problems for people, or may worsen existing issues with gaming. The Town of Middleboro, however, voted to allow the casino.
Recently, the Wampanoags have released information regarding the scaling down of their original plans for the Middleboro casino. Boston Globe correspondent Christine Legere recently explained that “the economic downturn and the recent Supreme Court decision affecting the ability of Native American tribes to place land into federal trust have not killed plans for a casino resort in Middleborough, Mashpee Wampanoag Tribe officials say. But the casino will most probably be smaller and the process to get the targeted site placed into federal trust longer than initially anticipated.”

Waiting for a quick fix

BIA Carcieri consultations conclude
By Rob Capriccioso
Story Published: Jul 12, 2009
Story Updated: Jul 10, 2009
ARLINGTON, Va. – The final BIA tribal consultation involving the infamous Carcieri v. Salazar Supreme Court decision has been held. Tribal leaders are now waiting for quick and appropriate action from an agency that many have long had a difficult time trusting.At the third of three planned consultation sessions held nationwide, officials with the Department of the Interior presented several options that the agency could pursue in response to the high court’s February decision. The controversial ruling says the BIA cannot put land into trust for any tribe that is not recognized by the Indian Reorganization Act of 1934.George Skibine, the acting principal deputy assistant secretary of Indian affairs with the department, highlighted the options on the Interior’s table, which include asking Congress to amend the IRA in a way that would retroactively, prospectively, or both, change language in the law to protect lands acquired in trust by the BIA.Skibine said beyond a legislative fix, the department could also consider amending its own regulations to better define what is meant by “under federal jurisdiction.”Among the many tribal leaders who attended and spoke at the meeting, the most popular option was to request a fix from Congress that would both retrospectively and prospectively resolve the matter. Such a fix would make the language in the act clear that it is talking about all tribes – not just those that received special attention from the U.S. government in 1934.Based on transcripts from the other consultations, held in Minnesota and California, that option also appeared to be the most popular.Several times, tribal leaders who spoke at the Arlington meeting expressed concern that department officials would not say what option they are leaning to support.Some tribal leaders had attended all three consultations and couldn’t believe officials hadn’t already begun to form an opinion.Brian Patterson, president of the United South and Eastern Tribes, was one who said he believed the BIA may have already come to a decision.“Before any decision is released, tribal leaders need dialogue,” Patterson cautioned.Department officials seemed amenable, but noted that further consultation with the many tribes across the nation could slow down a process that many want to move quickly.Some tribal officials said the new BIA chief Larry EchoHawk, of the Pawnee Nation of Oklahoma, has said he will make a recommendation to Interior Secretary Ken Salazar in short order, so they believe he must be leaning toward one option over another.But Hilary Tompkins, the newly-confirmed solicitor of the department, said that was the wrong way to look at the situation. The Navajo lawyer said the department felt it was important to hold tribal consultations before forming any opinions.“I don’t believe we have a preference [on the options],” Tompkins said.While officials wouldn’t say whether they were leaning toward one preference over another, they did make some of their policies clear:• They are continuing to process fee-to-trust applications.• They are not compiling a list of post-1934 federally-recognized tribes, although they had considered it.• They are moving forward with pending trust applications.Skibine also made a special comment when questioned by Earl J. Barbry, chairman of the Tunica-Biloxi Tribe of Louisiana, saying the department will defend all current tribal lands in trust, no matter what.“We stand to defend the rights of the tribes to have those lands in trust,” Skibine said.Tompkins added a clarification to what the department might do, saying at one point, “We would not endorse a policy that is discriminatory [toward any tribe].”After hearing from several tribal leaders during the meeting, EchoHawk said the timeframe is “pressing” for this matter to move forward, but he said any BIA decision would not signify the end of tribal consultation.EchoHawk reported that Salazar wants a quick fix, likely via a legislative route, especially given Salazar’s recent role as a U.S. senator.“We feel the time pressure,” EchoHawk added.Officials with the department and Senate officials in attendance said even given a smooth road after a route is chosen, and sans much disagreement between tribes, it would still likely take until fall for the Congress to move on a legislative fix.And then it’s anticipated that states and localities will begin to weigh in on the matter with their various congressional allies.

Mashpee tribe leader calls for land action

By George Brennan
gbrennan@capecodonline.com
July 10, 2009
Mashpee Wampanoag chairman Cedric Cromwell said this week that Congress needs to act by this fall to restore the process for tribes to put land into federal trust.
In testimony before Larry EchoHawk, the newly appointed assistant secretary for Indian Affairs, Cromwell said a February decision by the U.S. Supreme Court leaves the Wampanoag landless and unable to help tribe members.

Known as the "Carcieri decision," the nation's highest court ruled that the U.S. Department of the Interior is not authorized to take land into federal trust for tribes recognized after 1934 — the year the Indian Reorganization Act went into effect. Because the Wampanoag were recognized in 2007, the ruling has stalled the tribe's application to put 539 acres in Middleboro into federal trust for an Indian casino. The tribe is also requesting 140 acres in Mashpee be put into trust for housing and other tribal initiatives.

"We ask that Interior take steps to end the post-Carcieri logjam that is paralyzing the process of land-into-trust applications," Cromwell said in testimony provided to the Times by the tribe's public relations firm.

EchoHawk met with a group of tribes on Wednesday in Arlington, Va., to discuss the impact of the ruling.

"I thought he was very receptive," Cromwell said by phone yesterday from Washington, D.C., where he also met with representatives of the Cape's congressional delegation. "The good news is the secretary wants a fix and wants it soon. This is good that they took the time to listen to tribes."

The tribe has contended since the Carcieri ruling was issued that it should not affect the tribe's claim to land in Middleboro and Mashpee.
"In 1934, the Indian town, governed by tribal members, was no less a tribe than it is today," Cromwell said referring to Mashpee. "The tribe did not stop existing at any time in the long history of the United States or its colonies, as the Interior Department finally acknowledged in 2007."

But Indian law experts disagree, saying the ruling cripples the tribe's plans for an Indian casino unless there is a legislative fix.
Both the U.S. Senate Committee on Indian Affairs and the House Committee on Natural Resources, which oversees Indian issues, have held hearings on the Supreme Court ruling.

New BIA head turns attention to Carcieri, gaming

By Rob CapricciosoStory Published: Jul 3, 2009
WASHINGTON – Larry EchoHawk’s June 26 swearing in ceremony was a brief moment of respite from pressing Indian country matters for the new BIA chief as he now becomes steeped in issues of great importance to tribes, including the infamous Carcieri v. Salazar Supreme Court ruling and gaming concerns.The ceremony was one of overall joy and thanks. There was dancing, drum beats and many happy Native faces. Several in attendance expressed confidence in EchoHawk’s abilities.“Today is not a day for long speeches,” said EchoHawk, a member of the Pawnee Nation of Oklahoma. “It is a day for solemn oaths, a day for thanksgiving, and a day for prayers. I am honored to have been entrusted with this responsibility.”He also thanked and recognized members of his Pawnee Nation, saying, “These are my people; this is my heritage.”But what he didn’t mention is the slew of issues he has already weighed in on since his official swearing in May 22.In a recent letter from his office, EchoHawk made clear his opinions on Carcieri, a February high court ruling that says the BIA cannot put land into trust for any tribe that is not recognized by the Indian Reorganization Act of 1934.The letter indicated that EchoHawk has firm beliefs about tribes that are successors in interest, such as the United Keetoowah Band of Cherokee Indians, recognized in 1950, and the Cherokee Nation of Oklahoma, recognized in 1975.“There is no reason, on the face of the (1946 Oklahoma Indian Welfare Act), that the Keetoowah Band would have less authority than any other band or tribe,” he wrote.In effect, EchoHawk is saying that tribes recognized after 1934 should have the same standing as those recognized by Congress before and during that year.He further wrote that the Carcieri ruling “implicates many tribes” and said the “department is in the process of analyzing this and other issues raised by Carcieri.”EchoHawk also said Department of the Interior Secretary Ken Salazar is “ready to go to Congress” in support of a fix to the ruling. Such a fix might see Congress change the words of the IRA to make it clear that tribes recognized after 1934 are no different than those which were covered under the law in 1934.Another area of interest to tribes that EchoHawk didn’t mention during his ceremony involves Indian gaming.During his time as Idaho attorney general in the early 1990s, he called on the governor to change the language of state legislation so the state no longer would have a legal obligation under the Indian Gaming Regulatory Act to negotiate for Class III gaming with Idaho’s tribes.Fresh on the job, EchoHawk is now reviewing Indian gaming policies.Sen. Chuck Schumer, D-N.Y. said he’s already had a conversation with EchoHawk to discuss off-reservation casinos.“I hope that with a new administration we have a new way of thinking about applications that are finite, focused, appropriate for the region, and have strong community support,” Schumer said.Schumer’s position on off-reservation casinos is congruent with statements made by New York Gov. David Paterson in a recent letter to Salazar, which asked him to “undo a Bush administration policy that restricts taking off-reservation land into trust for gaming and prevents New York tribes from economic development.”If tribal members at the ceremony had any qualms about EchoHawk’s Indian gaming stances, they kept mum.Instead, members of the Shoshone-Bannock Tribes of the Fort Hall Reservation performed a dance and drum circle beat in EchoHawk’s honor.During his speech, he specifically thanked the tribe for hiring him more than 30 years ago when he was just out of law school. Support from the tribe for EchoHawk to serve as the assistant secretary came quickly after his name was floated as a candidate.Salazar, too, kept his remarks brief, saying that EchoHawk is becoming an important part of the Obama administration.“Today is another milestone in President Obama’s agenda to empower Native American communities. Across the government, agencies are working together and with tribes to help build new schools, improve health care access, upgrade housing, fix roads and bridges, and make communities safer.”Salazar, a former senator from Colorado, and EchoHawk, a former attorney general from Idaho, have long been acquaintances. They hope to have a good working relationship, and have promised tribes they will be proactive in their positions on behalf of Indian issues.Many members of EchoHawk’s Pawnee Nation were also present to celebrate his new job, as were children from the Muckleshoot Tribal School, a BIE-funded school in Auburn, Wash., which serves the Muckleshoot Tribe.Other tribal members, many who live in the Washington metro area, were in attendance. Department officials estimated that the ceremony was attended by more than 500 guests at the Department of the Interior’s Sidney R. Yates Auditorium.EchoHawk previously served two terms in the Idaho state legislature in the 1980s before becoming the state’s attorney general in 1990. He was the first American Indian elected to a constitutional statewide office in the nation.Before his new government role, EchoHawk had been working in Utah as a law professor at Brigham Young University. During the ceremony, he said it was a difficult decision to leave the university, as it had provided him with a comfortable life.“I feel the weight of responsibility on my shoulders,” EchoHawk said. “We will make this work.”

Dreams Of Casinos Return To Beacon Hill

By FRED THYS
BOSTON — The casino debate is heating up again on Beacon Hill. Lawmakers held what they called an informational hearing Monday about bringing casino gambling to Massachusetts.
It was only last year that House lawmakers voted down Gov. Patrick’s plan to license three casinos in the state. But a lot has changed since last year.
Sen. Karen Spilka of Framingham chaired Monday’s hearing on gambling. “Clearly there is a change in the political environment,” Spilka said. “We have a new speaker.”
Speaker Sal DiMasi, who resigned in January, was the biggest stumbling block to Gov. Deval Patrick’s hopes for casinos. Supporters of gambling expect Speaker Robert De Leo to be more favorable to it. Senate President Therese Murray has said the legislature will probably act on a bill legalizing gambling this fall.
Because of the change in the political climate, casino operators seem interested in coming to the state. Among them is Mohegan Sun, which operates a casino in Connecticut, and has recently taken out a lease on 152 acres just off the Massachsuetts Turnpike in Palmer.
“We can bring new dollars into the commonwealth from New York and Vermont and New Hampshire,” said Jeff Hartman, Mohegan Sun’s chief of operations. “We think the New York market in the Albany area and Orange County is kind of under-served right now.”
Hartman said the casino will look and feel like the one in Connecticut, but will be smaller. The hotel in Connecticut has 1,200 rooms; the one in Massachusetts would probably have 600 rooms. He said a lot will depend on how many casinos the legislature approves in Eastern Massachusetts — the fewer the casinos in the eastern part of the state, the bigger the one in Palmer might be.
If the political environment is more favorable to casinos than it was last year, Sen. Spilka pointed out that the economy is not. “It is definitely a different economic climate, and the revenue that would be brought in would not be the same as it was two years ago,” Spilka said.
Legislators heard that the recession has been particularly brutal to the kind of destination casinos Gov. Patrick wants because spending at these casinos was tied to housing values.
Michael Pollock, who was hired by Patrick to study casino gambling, warned that there is an inverse correlation between savings and growth in casino revenues. The more Americans save, he’s found, the less they spend in casinos. During the housing boom, Americans were spending more than they were saving, and casinos were booming. Now, Americans are saving.
“Saving more is a good thing,” Pollock said. “From society’s standpoint that is a good thing. But it makes it harder for destination casinos to get back to where they were, if they’ll ever get back to where they were.”
Last year, the Greater Boston Chamber of Commerce predicted that building three casinos would create 17,000 permanent jobs. Jim Klocke, the, executive vice president for public policy at the Greater Boston Chamber of Commerce, predicted that fewer jobs would be created today. “Estimates conducted today would be considerably lower given the economic hurricane that we have seen,” Klocke said.
Klocke argued that this is probably the worst time for the state to put to issue licenses for casinos out to bid, because they would probably fetch much lower prices this year than last, or than in a few years, if the economy rebounds.