Tribe looking to speed up casino process

By STEPHANIE VOSK

Cape Cod Times staff writer

September 04, 2008 6:00 AM

The Mashpee Wampanoag Tribe hopes that negotiating a compact early might shorten the path to a $1 billion casino.

The tribe on Wednesday delivered a letter to Gov. Deval Patrick that seeks to begin formal talks about the proposed Indian casino in Middleboro.

The move comes at least six months before the tribe expects to have land there taken into trust.

"The sooner that the tribe and the state can be on the same page, the sooner (a casino) could actually be put into operation," said Kathryn Rand, co-director of the Institute for the Study of Tribal Gaming Law and Policy at the University of North Dakota.

"It's getting your ducks in a row."

The state, however, has not definitively said it's ready to start negotiating at this point.

The state would not necessarily gain an advantage by talking early, Daniel O'Connell, the governor's top aide on casinos, said last month.

The governor was still reviewing the tribe's letter Wednesday and had not yet decided on a response, spokeswoman Kofi Jones said.

Under federal law, states are not required to negotiate agreements with tribes for Las Vegas-style casinos until the Department of the Interior agrees to hold that land in trust, an often lengthy and unpredictable process.

The Mashpee tribe applied in August 2007 to put 539 acres in Middleboro and 140 acres in Mashpee into trust.

An environmental review on the land is ongoing and the tribe is hoping for a decision as soon as March. Land trust applications can take anywhere from several months to several years.

There is nothing that prevents tribes and states from talking before the land is taken.

But having that compact in place would not play a role in the decision to take the land into trust, Interior department spokesman Gary Garrison said.

The show of state support, certainly couldn't hurt, although it is no guarantee, Rand said.

In February, the state submitted a 79-page letter to the federal Bureau of Indian Affairs opposing the application, saying the tribe failed to include adequate safeguards for environmental protection, zoning, transportation, labor, public safety, public health and consumer protection.

The bureau should not approve the application until the state and tribe work out these issues, state officials said.

The governor's questions can be answered only in compact discussions, and there is no telling how long those could take, tribal council spokesman Scott Ferson said.

Waiting until the land is taken into trust would drag out breaking ground on the casino, he said.

Tribal council Chairman Shawn Hendricks believes it is "inappropriate to make the tribe wait that long," Ferson said.

In his letter, Hendricks spells out the reasons for starting talks early, from the tribe's acquisition of the land and its intergovernmental agreement with Middleboro to the strength of its financial backers.

Hendricks also emphasizes that the tribe does not have to negotiate a compact to operate a scaled-down casino full of so-called "bingo slots."

The Seminole tribe of Florida built its empire on these scaled-down casinos when that state's governor refused to negotiate.

"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 Middleboro," Hendricks wrote.

The tribe has negotiated a compact with Middleboro — not required by the federal government — in exchange for the town's support of its land trust application and efforts with the state.

Middleboro, however, was not notified that the tribe planned to start negotiations this week.

It contradicts its agreement that says the town and tribe would jointly file a request, Selectman Adam Bond said early Wednesday.

"Just look at what the agreement says," said Bond, who also addressed the issue on his blog.

"All I ask is that (the tribe) follow its letter and its spirit."

Later Wednesday, the tribe revised the letter before delivering it to clear up the confusion, said Greg D'Agostino, another council spokesman.

The state and tribe continue to contend that any compact will have to be approved not only by the governor but by the Legislature, an arguably much bigger hurdle.

Although Patrick has shown his support for casinos in general, submitting a proposal for three resort facilities himself last year, the House of Representatives, led by Speaker Salvatore DiMasi, has been a steady opponent.

In March, the House overwhelmingly shot down Patrick's proposal.

DiMasi was not ready to comment on the letter Wednesday afternoon, spokesman David

Guarino said.

But once land is taken into trust, states can potentially be compelled to negotiate.

Federal law says states have 180 days from the time negotiations are formally initiated to reach an agreement.

If the deadline lapses, a tribe can bring action in federal court, saying a state is failing to negotiate in good faith.

States, however, only have to choose not to consent to the suit for it to be thrown out, Rand said.

If that happens, the tribe would have to negotiate on the state's terms or ask the Secretary of the Interior to step in, she said.

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