“Please allow me to articulate several reasons why we believe the immediate commencement of compact negotiations makes sense,” – Shawn Hendricks Sr., Chairman of the Tribal Council of the Mashpee Wampanoag Tribe

 

Please allow me to articulate several reasons why I and so many others believe the immediate commencement of compact negotiations is premature.  In a continual exercise in futility, the Middleborough BOS is sending a letter of support for negotiations to the governor also. You can read all of the Tribe’s letter here.

 

“We are gratified by your support for the concept of destination resort gaming as an economic development tool for Massachusetts.  The Tribe wholeheartedly agrees. We are also gratified by your support for the Mashpee Wampanoag Tribe.”

 

I would say that both the governor and the Tribe wholehearted disagree.  The Tribe does not want commercial casinos to compete with their proposed sovereign Indian casino and the governor does not want competition for his commercial casinos.  Just the fact that the Patrick administration has formally opposed to the Middleborough site to the Department of the Interior should give you a clue to this.  The only benefit for the Tribe in regards to commercial casinos is the access to class III gambling.  Having carbon copied the speaker of the house Sal DiMasi should be concern for both the Tribe and the governor.  He opposes both commercial or Indian casinos.  Good luck with that.

 

“The Tribe, with the support of its development consultant, has assembled over 500 acres of land in beautiful and centrally located Middleborough with easy access to I-495.”

 

Beautiful now and completely made gaudy if your world class casino goes in which currently has no easy access to I-495 if you are one of 30,000 new cars on the road.  There are currently only to routes from the 500 plus acres to I-495.  RT 105, which is a small, curvy 2 lane road for a couple of miles until it reaches I-495.  There is no commitment from the Tribe to improve the road which would be a major disruption for commuters and home owners who live along it.  RT 44, on which the land is adjacent to it has this wonderful thing called a rotary just before I-495 that is already a mess.  Planning for a change has been in the works for years.  $170 million is a nice chunk of change, but given the way construction costs are, would it ever be enough?  Why would the administration commit to a binding amount in the compact with the price tag expected to rise in the future.  Those in the legislature who would have to actually allocate the funds from the budget would be reluctant to fork over the cash.  As one state rep told me last year, “They can go pound tar!”

 

“That application (to the BIA for land-into-trust) is proceeding on schedule and we are confident of an approval in the first or second quarters of 2009.  We believe that this schedule could be expedited with the state support.”

 

Although a state/tribal compact signed could reduce time spent by about six months just for writing it up, a major problem in going at it early is that it is non-binding and can be withdrawn prior to DOI approval.  Circumstances could change prior.  Of the compacts I have seen they are very specific in terms of location, size, $$ amounts etc.  The Aquinnah have a compact with the state.  Conditions that existed when it was signed have change considerably and render it useless today.

 

“Our expectation of a fast track decision is grounded in reality and precedent.”

 

I label this under wishful thinking and falsehoods.  There is no real precedent here.  Their application asks for TWO initial reservations, which the BIA has called “problematic”. This has NEVER been asked for before. The Mashpee land does not appear to have issues, but as I will explain further later, Middleborough does.  The application is under the new guidelines for initial reservations.  The hurdles for this land are higher than before, especially the 25 mile limit away from the tribal center, Mashpee.  The land is over 30 miles.  Just too far away.

 

“The BIA has concluded its local scoping hearings in the EIS process…”

 

This is false.  As stated last week, the EIS has not even been released in draft form.  The BIA knows when something is a draft and isn’t going to sign off on anything until it is a completed EIS.  Something Mr. Hendricks has already displayed some confusion.  This is going to take months and still requires 2 more public comment periods.

 

“…the Tribe has submitted extensive documentation prepared by a nationally respected anthropologist substantiating its cultural and historic ties with the town of Middleborough.”

 

As “respected” Ms. Grabowski may be, her analysis is a broad brush of Wampanoag history with sprinkles of Mashpee mixed in.  The Mashpee Tribe is only one small portion of Wampanoag history and has weak connections to Middleborough.  But even worse is what Ms. Grabowski leaves out is that one of her own researchers she sights concludes that the land specific to the Middleborough site was never even Wampanoag territory, let alone Mashpee.  According to Historic Approach to Titicut, by Maurice Robbins, the 26 Men Purchase of 1661 where the land sits was acquired from the Massachusett Tribe Sachem Wampatuck.  This cuts into any claim of historical ties.

 

“Most importantly, the BIA has never rejected an application for an initial reservation.”

 

That may be so, but as stated above.  No tribe has ever asked for two initial reservations.  This is purely unique.

 

“The Tribe has already publicly committed to substantial matters of importance to the citizens of Massachusetts…”

 

Verbal commitments mean nothing, especially when the person who initially made these commitments is the confirmed liar and convicted rapist, Glenn Marshall.  He is still behind the scenes of this project and is the principal signer of the Tribe’s application.  There are those who are still waiting for promises fulfilled by the Tribe.  Until it is in writing and the promises acted upon, it is all hot air.

 

“The Tribe is planning for the development of a Class II gaming facility which requires no Commonwealth approval or payments to the Commonwealth.”

 

Plan all you want for your bingo hall.  Your investors TCAM LLC have only signed off for only class III according to documents you provided with the application.  What investment bank will finance a Destination Resort Bingo Hall?  Where will the financing come from since Kerzner & Wolman will only commit to a full fledged casino?

 

“Nothing prevents the Tribe and the Commonwealth from entering into a Tribal/State compact at this time even though we acknowledge that final approval will not come until after the land is taken into trust or simultaneously therewith.”

 

Like stated before, it would be meaningless.  One thing that IGRA in Section 2710(d)(3)(A) is that it states a compact may go in if  “Any tribe having jurisdiction over tribal lands upon which class III gaming activity is being conducted, or is to be conducted, shall request…” negotiations for a compact with the state.  The definition of “tribal lands” under IGRA is “(A) all lands within the limits of any Indian reservation; and (B) any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or held individual or held by any Indian tribe or individual subject to restriction by the United States against alienation and over which an Indian tribe exercises governmental authority.”  The Mashpee have no reservation and no land into trust with in the US.  Any compact is no compact according to the DOI without reservation or Indian governmental jurisdiction.  TCAM LLC owns or has options to purchase the land.  The Mashpee Tribe has no such land ownership in Middleborough.

 

“We believe that a Mashpee Wampanoag tribal casino can and will produce superior results for Massachusetts, as is being proven every day in Connecticut.”

 

What is proven daily in CT is low paying jobs, increased crime, no economic engine, greater burden of school systems and increased gambling addiction.  Any revenues funded to the state go to mitigation that is woefully inadequate.  Thanks for the promise of “superior results.”

 

“No matter what ultimately happens with the negotiations, please know that it is the Tribe’s intent to operate America’s most successful casino resort in Middleborough.”

 

Is this a threat or a pie in the sky promise?  Last look at the plans submitted to the BIA don’t show a resort casino that would rival Foxwoods or Mohegan Sun.  Is the Tribe changing the plans submitted?  We have heard this largest and most successful bit since the beginning, but the plans don’t back it up.  I can only conclude this as a threat to attempt to scare the governor to talk with the Tribe.  Or, they only down graded the plans for easier BIA approval and community acceptance.  It ain’t working.  The governor says no and threatening to operate without negotiations hasn’t worked so far for the Kickapoo in Texas, has it.

 

“We look forward to hearing from you at your earliest convenience.”

 

Pushing rope is not a very productive exercise, unless you have someone on the other end pulling for you.  That is what the tribe is looking for.  Someone to pull their casino rope for them to move things along. As reported here, here, here and here, the tribe is hand delivering a letter to the governor to start negotiations to help move their stalled casino plans for Middleborough.  Although one of their spokespersons, Gayle Andrews, states that the tribe's application to put the land into federal trust is in the "final stages", it is apparent they are misleading the press and the public.  My friend Carver Chick gives a great overview on how hard it is going to be for the tribe to accomplish their goal.  But, the time line to start construction by 1st quarter of 2009 is just pie in the sky.  Let's see,

1. It took 5 months from recognition to application.
2. 7 months to the first public BIA hearing. 
3. It has been 6 months and counting for the second hearing for the draft EIS with a 30 day comment period.
4. Then the BIA will have to wait for the tribe's consultants to answer all the unanswered questions the draft EIS didn't give and submit a final EIS with another one month comment period.
5. The National Indian Gamnig Commission will give a recommendation.
6. The BIA will make a recommendation and finally the Secretary of the DOI will rule Yea or Nay for land into trust.
7. This does not include any law suits that would be filed by concerned groups (including the state) to halt a ruling that the BIA and the tribe did not meet all the requirements as outlined in IGRA.  Which could hold it up for years.

It has already been 18 months since the process began (1-3) and all of a sudden by their assertions in just six months from now the shovels will be digging up the wet lands (4-7).  It is a scare tactic that still holds no water.  Hendricks wants the governor to pull their rope for them, speeding up the process.  If the governor does what he said before about not going into negotiations until land is in trust (we are talking years now), then Hendricks had better not hold his breath, because the casino would be a long time coming, even with a compact.  Patrick could negotiate as long as he wants to also scare the gullible populous that a casino is coming regardless, it is still the legislature's call for final approval.  With DiMasi in charge, good luck pushing rope, Shawn.  By the way, the governor is opposed to your casino in Middleborough.  That is why the state filed with the DOI against the project.  Is that a good enough reason to not talk to you, Shawn.

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COMMENTS:

Anonymous said-

You made me dizzy with the bureaucratic delays that

have the potential to get lost on someone's desk or ...

a decision by the Supreme Court that makes this

project moot. The Governor's filing with DOI didn't seem

to leave anything out, including the Chapter land that

provides the Town with the Right of First Refusal.

Did it seem that there was a frenzy of activity and

articles and misinformation that never once quoted

Mr. Bond? Were his feelings were hurt because

no reporter called for his comment and he just needed

to see his name in print again? Wasn't he

the leader of the band? Does the media now believe he's

unimportant? 

And let's not forget that the State Reps don't want a

Tribal Casino that's in the wrong location, impacts the

rest of the towns they represent beyond the ability

of the state to mitigate regardless of any compact,

and would further gridlock a region that's already

gridlocked.

The media blitz reminded me of Macbeth. Full of

Sound and Fury, Signifying Nothing.