Trust land in Fall River?
With all the stories of the Mashpee and Aquinnah Wampanoag seeking a casino in the Fall River area – this story seems to play into that:
I had heard that the Mashpee were going to pursue a tribal casino in Fall River but couldn’t understand how that was going to be possible since they had no land or application to put land into trust. If true, this explains it. What is not explained is who in their right mind would give the Mashpee a sovereign casino – or any casino for that matter. For my money they have not demonstrated the ability to run a small tribe let alone a $1B facility. But I digress. The article continues:
This echoes many of the comments made in March 2008 at the BIA hearing in Middleboro by casino opponents and members of the Massachusett tribe.
Imagine an indian tribe wanting to do an environmentally responsible project??? I’m sure the Mashpee would call that crazy talk.
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Interesting development.
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It’s worth restating at this point that casino being proposed in Middleboro is not economically feasible. The tribe miscalculated when they agreed to be responsible for $260M in infrastructure – wrongly believing that the state or federal government would pay for that infrastructure. They won’t. The tribe knows it and are looking for an alternative project. It appears that they have found it.
Please join me
I agree, this article has a definite bizarroland feel to it. My favorite part is:
Commission on Indian Affairs Executive Director Jim Peters said he believed the land the commission is looking to put into trust is not owned by the Pocassets. He would not specify the reason for putting the land into trust, though he said a casino is a possibility.
“I’m not at liberty to talk about that,” Peters said.
So… this is a SECRET land deal being performed by state appointees? Possibly for a casino? And isn’t Peters a member of the Mashpee Wampanoag?? And isn’t gambling still illegal??
Amazing how all this stuff has to be done in back rooms in the dark – just like Middleboro. This has the stench of state collusion which makes this a much more serious threat than the Middleboro casino ever was. The state was against that project – but seemingly not this one.
The stench of death hangs heavy on the Middleboro casino – even the ever hopeful casino cheerleaders are starting to get it (3 years too late). After being summarily discarded by the tribe I think Lady Middleboro needs to roll out of bed, go to the bathroom, fix up it’s hair and makeup as best as it can …. and try to retain some dignity as it exits the Casino’s bedroom and resolve not to drink so much KoolAid in the future.
I will also point out, that Middleboro has a provincial paranoia about the (cue scary music) state programs. This caused them to go their own way on the casino deal – which pissed of the state and guaranteed that it would be opposed by Patrick and the statehouse.
If Middleboro had engaged the state early on, we might still be looking at a casino. As I’ve said over and over, the BOS botched this casino thing at every opportunity – through their actions but usually through their inaction. The BOS failure to engage the state ultimately led to the demise of the Middleboro casino. IMO of course.
Collusion is the right word here. Are there any other state officials involved??
Does participating in secret back room deals with STATE agencies to acquire STATE land for a PRIVATE casino demonstrate the kind of ability (not to mention trust) that should be inherent in an organization that wants to run a multimillion dollar operation with a long standing reputation for crime and corruption.
“For my money they have not demonstrated the ability to run a small tribe let alone a $1B facility.”
…Took the words right out of my mouth, Bumpkin.
I’m hearing some very interesting things about the potential for this land to go into trust. Catch me in email if you want to hear more.
Thank You for your support. But the Commission of Indian Affairs illusion goes deeper. In 1939 the land in Freetown State Forest was set aside for the Pocasset Wampanoag Tribe. The BIA represented the tribe for illegal lands lost in Fall River. The Commission & Mashpee created the Assonet Tribe that was never a tribe. They represented that there were no pocasset’s left to Govenor Dukakis so he gave it to the Mashpee’s & Gay Heads. They have been writing grants on this for last 30 yrs. However we have a letter of continued tribal presence from the same office. I myself am an environmentalist, hunter,fisherman,trapper and former committee chairman for ducks unlimited, I have worked in conjuction of NRCS. Many water & waste problems in MA & RI. my last thing i would do or advise the tribe to do is ruin this land. I could care less about a casino. We get no federal money or grants we work like all of you. My idea of tribal development is a log home in the woods.
Sincerely
Daryl Black Eagle
@Daryl Black Eagle
I like your sensibilities and would love to talk further on this. I’m always looking for guest columns and will happily publish anything you care to give me as a standalone post versus a comment buried on one.
The state committee on Indian Affairs (which is NOT the state of MA) cannot ask the for LIT on behalf of a tribe that does not exercise government control over the land requested. Governmental control of trust land used for gaming is required by IGRA. The tribe also needs to have substantial historical ties to the land, and that can only be determined by Secretarial Procedure, which requires the tribe be the applicant and evidence of those ties are submitted with the application.
Speaking of Secretarial Procedure, there is no authority for the SOI to grant this request if the tribe in question wasn’t recognized before 1934. (See: Carcieri v Salazar).
Same game, different players.
@When will they learn?
Is there a bill being discussed in Congress that includes a Carcier fix? If so which one?
@When will they learn?
Also – you said the state committee was NOT the state of MA – yet they are listed on mass.gov – See this link
Actually the Commission on Indian affairs looks largely advisory according the the MGL that created it
The Cobell Settlement requires legislation that would allow the Secretary of the Interior to use government money to purchase land and place it in federal trust.
The deadline on passing this bill is 02/28/10.
This legislation would slightly improve the Mashpee’s chance of getting the Middleboro land in trust. Even if they had the land, they still couldn’t build a casino on it because the real hurdle is the requirements for gaming under IGRA.
@When will they learn?
How about writing a guest column – anonymous or not about the requirements for gaming under IGRA. Or better yet – a podcast.
Very good, Bumpkin. You’ve managed to prove that the State Committee on Indian Affairs is….a state committee.
When I say they are not the state, I mean they are not the state of MA in that they don’t have the authority to speak for the state of MA. They can’t request the federal government take land out of the state tax rolls and put it into trust; they’d need to have the powers of the Governors Office and our state legislators in order to do that.
I didn’t completely read your link. Does it state that the powers of this committee supersede the Governors office and/or the state legislature? I am going to take a wild guess and say: no, it doesn’t.
I would consider doing a podcast. Can I get back to you on that?
@bumpkin Sure that would be good
I think Lady Middleborough was expecting a big wad of cash on the dresser. Instead there was a feather, a tee-shirt and a mug. LOL
Middleboro was “knocked out” because the Pocasset’s lawyer proved that the land had no claim to the land and it was protected for a laundry list of reasons.
The other “resident” of Riverside (ironically) has everything to do with setting up the “back room deal” with Fall River, with the same original backer of the Mashantucket. He went from a member of the Mashantucket legal team, was let go with the downfall of the majority of the corruption (though there is still SO much left there) and with the ousting of Michael Thomas as Chairman. Now he’s pulling the same illegal and stupid moves he made a mint off of personally, but helped no one but himself. And he’s the attorney the city of Fall River used to set up the deal to sell the “mashpee” the City’s land this week. Another interloafer, profiting off of separating Native tribes locally for his own amusement and “bottom line” LOL when you all find out what’s really going on especially!
Oh and don’t worry, the State is very much against this “deal”, to be continued…
Tell me more. My little birdies are telling me that the tribe and the state are in bed together on this – even though I find it hard to believe.