Wampanoag push forward on casino plan

A faltering economy and a Beacon Hill political stalemate may have quieted the hoopla over casinos in Massachusetts for now, but the Mashpee Wampanoag are marching forward in their effort to secure federal trust status for 540 acres in Middleborough targeted for a tribe-run casino.

Before their application to the Federal Bureau of Indian Affairs can be approved, however, the tribe must address the long list of possible impacts that have been raised by area residents and officials. Over the next two months, a consultant for the Mashpee Wampanoag will draft an Environmental Impact Statement to meet that requirement.

The tribe's consultant will look at issues relating to both the casino site in Middleborough and tribe-owned properties in Mashpee that the Wampanoag wish to place in trust. The overwhelming majority of letters and public comments made on the Wampanoag's land-in-trust application relate to the casino proposal.

The Federal Bureau of Indian Affairs received 175 letters with comments, submitted by individuals, selectmen, and conservation officials in several southeastern Massachusetts communities, members of other native tribes, a handful of environmental agencies, and Governor Deval Patrick.

The comments, as well as verbal statements made at two hearings last spring, were the basis for the list of possible impacts, contained in the recently released 1,306-page report, prepared by the bureau under the National Environmental Policy Act guidelines.

The list includes concern over a Middleborough casino's impact on both regional and local aquifers and water supplies, as well as on surface and ground-water quality, particularly around the Nemasket River. Direct and indirect wetlands impact, increases to local and regional traffic, impact on wildlife and particularly on threatened and endangered species, and socio-economic repercussions from a casino operation - such as increased crime and gambling addiction problems - are also on the list of issues to be addressed.

Casino opponents are tracking the progress of the Wampanoag's federal application closely. Rich Young, president of the local anti-casino group called Casinofacts, as well as Casino Free Massachusetts, said his membership plans to go through the Wampanoag's draft environmental impact statement carefully when it is released.

"We'll make certain all concerns that were raised were addressed properly," Young said. "If questions were left unanswered, we'll go back and make sure they are made to answer them."

Opponents are also following a pending Supreme Court case, out of Rhode Island, that claims the Indian Reorganization Act of 1934 prevents the federal government from taking land into trust for tribes not federally recognized before that 1934 date. The case is known as Carcieri v. Kempthorne.

"If the Supreme Court decides in favor, there will be no land into trust," Young said. The Mashpee Wampanoag achieved federal recognition in February 2007.

Adam Bond, chairman of Middleborough selectmen and an enthusiastic casino proponent, disagrees that the Supreme Court case would effectively put an end to attempts to place land into trust.

"Since 1934, 50 tribes have gotten land into trust, and the Congress didn't say a thing," Bond said. "If Carcieri wins the case, I think Congress will do something. Otherwise, what happens to all the tribes sitting out there now?"

Another issue is a claim by members of the Massachuseuk tribe that the Mashpee Wampanoag have no historic ties to the land in Middleborough. Several casino opponents, including Young, repeated that assertion in written comments submitted to the bureau.

Not all the concerns that were raised must be addressed in the tribe's impact statement. For example, a number of Casinofacts members wrote to complain that the deal Middleborough officials cut with the tribe was inadequate. The Bureau of Indian Affairs said that matter is an issue between the town and the tribe.

Governor Patrick asked that the bureau's review process include a look at alternative casino sites, such as those in more urban areas, but the bureau excluded that from the impact study process, saying its scope is limited to the sites the tribe is looking to place in federal trust.

The governor also asked that the trust land be subjected to requirements within state law. That request was also denied, with the bureau saying its decision on whether to place the land into trust was not subject to state environmental laws such as the Massachusetts Environmental Policy Act.

The bureau noted that many of the governor's concerns could be addressed during negotiation of a compact between the state and the tribe. If the tribe is able to win federal trust status for the land, the property effectively becomes sovereign territory, and the state risks being shut out of a share of gambling proceeds. Patrick has been unable to get his own casino proposal through the Legislature.

In its report, the Bureau of Indian Affairs outlines the various scenarios for a casino resort in Middleborough that have been proposed by the Mashpee Wampanoag.

The most desirable option, in the tribe's opinion, would be a "Class III gaming facility with 4,000 video lottery terminals and 200 gaming tables, some retail operations, a 5,000-seat event center, specialty bars and restaurants, a hotel, and both underground and lot parking. The option also calls for an 18-hole golf course on the northern section of the Middleborough site, to be constructed during a second phase of the project. In one scenario, a water park was also included in the plan.

Less desirable options presented by the tribe call for a scaled-down casino operation under a Class II gambling license that allows bingo-type slot machines and fewer amenities on the property.

While Selectman Bond has heard discussion about the negative impact of a poor economy on a billion-dollar proposal such as a casino, he argues the project remains viable. "They're saying revenues are going down, but the revenues are still massive numbers," he said.

Once the draft Environmental Impact Statement is released, most likely in the next couple of months, there will be a public comment period. The final impact statement will have to address those additional comments.

According to Scott Ferson, a spokesman for the tribe, the Mashpee Wampanoag expect the Bureau of Indian Affairs to approve their land-in-trust application by next spring.

Christine Legere can be reached at christinelegere@yahoo.com.