Wampanoag expect casino to be smaller

Monday was the first time the Tribal Council met with Middleborough selectmen since the Wampanoag elected new leaders in February. Glenn Marshall, the former Tribal Council chairman who crafted the casino deal with the town, is now awaiting sentencing, after pleading guilty to embezzlement and other charges.

The meeting was also the first between the tribe and the town since the Supreme Court's so-called Carcieri decision, which held that, under the court's interpretation of the Indian Reorganiza tion Act of 1934, only tribes that were federally recognized before 1934 can place land into trust with the US Department of the Interior.

There is a dispute over whether the Mashpee Wampanoag were a recognized tribe prior to 1934. Tribal leaders contend the tribe had dealings with the federal government before 1934, but others, such as casino specialist Dennis Whittlesey, the Washington attorney who helped Middleborough craft the deal with the Wampanoag, don't agree.

Placing land in federal trust is crucial for any tribal casino plan, since it shields the tribe from jurisdictional battles with local and state authorities and makes it exempt from state and federal tax requirements.

While Cedric Cromwell, the new Mashpee Wampanoag Tribal Council chairman, assured Middleborough selectmen Monday that the casino project is still very much alive, many have wondered whether the casino plan was in fact dead, in light of the Supreme Court ruling.

Cromwell said the court decision, "although it is an obstacle," will be resolved within six months. "We're confident Congress will pass a bill this session, which ends in October," to add a provision to the current law so that tribes recognized after 1934 could place land in trust, he said. He said he expected the legislation's wording to be developed within the next 60 days.

But casino opponent Rich Young, president of Casino Free Massachusetts and the local Casino Facts group, questioned Cromwell's position.

"There's no bill that's been filed yet, and our congressional delegates aren't in favor of a bill to fix the [Supreme Court] decision," Young said.

US Representative Barney Frank, whose district includes the Middleborough area, said he's not aware of any congressional movement to produce legislation to overturn the Supreme Court's decision.

"I know the Wampanoag are disappointed, but I don't see any change on the horizon," Frank said Tuesday. "Congress can change it, but I don't think it's at all likely."

Frank said he had favored a past casino plan for New Bedford, under a package previously proposed by Governor Deval Patrick. He said he was less enthusiastic about the casino proposed for Middleborough because of the lack of safeguards it provided surrounding communities.

Frank said he believes the tribe's plan for a casino will most probably only go forward if it is done as part of a statewide casino plan approved by legislators. In that case, the tribe would lose benefits it would gain under the land-in-trust process, and would come under state regulation.

Cromwell asserted on Monday that the Wampanoag are in a different situation from the Narragansett Tribe, which was the focus of the Carcieri case. The Mashpee Wampanoag were recognized by the federal government prior to 1934, he said.

Young disagreed with Cromwell's contention. "This tribe wasn't recognized prior to 1934," he said. "That's why they went through the process to gain federal recognition in 2007."

If the casino planned by the Wampanoag does go forward, Cromwell told selectmen, it will most probably be smaller in scale than planned, but it will have the potential for future expansion. "We had always planned to build it in phases," he said.

"We're still committed to the town and the project, but things have changed with the economy," Cromwell said, adding he believes the project will serve as a financial stimulus to the region and to the tribe. "Despite the economy, this project will bring economic development to the town as well as jobs."

Middleborough selectmen expressed some concern about whether the town would have to return the $500,000 in planning money from the tribe if the casino plan does fail. The Wampanoag said they won't demand the money back.

Selectmen chairman Patrick Rogers, eager to get started on infrastructure improvements that will be required to accommodate the casino, said he hoped tribe officials would agree to provide the town with a letter of credit for up to $7 million, the estimated cost of the improvement work.

Cromwell said it was too soon for such a commitment. "You have to get the planning done," he said. "Then we'll talk about a line of credit."

Before Monday's discussion, the new Mashpee Wampanoag Tribal Council members introduced themselves to the selectmen. Cromwell said the tribe has cleaned house "top to bottom" since Marshall was in charge.

He said a draft of the federal environmental impact report on the targeted Middleborough casino site should be ready later this year, and the final report will be ready sometime in 2010.

That review is part of the land-in-trust application pending before the Department of the Interior.

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