Mashpee Wampanoag Tribe

Mashpee Wampanoag
Indian Tribal Council, Inc.
Total population
(2,600)
Regions with significant populations
 United States ( Massachusetts)
Languages
English, Wampanoag
Religion
traditional tribal religion
Related ethnic groups
other Wampanoag people

The Mashpee Wampanoag Indian Tribal Council, Inc., formerly known as the Mashpee Wampanoag Tribe, is one of two federally recognized tribes of Wampanoag people in Massachusetts. Recognized in 2007, they are headquartered in Mashpee on Cape Cod. The other tribe is the Wampanoag Tribe of Gay Head (Aquinnah) on Martha's Vineyard.

In 2014 the Mashpee Wampanoag Tribe consists of more than 2600 enrolled members.

History

During the colonial period, the Mashpee Wampanoag gradually sold their land and lost their autonomy, but many descendants stayed in the area of Mashpee on Cape Cod and maintained a common culture. In the 20th century, they worked to reorganize and be officially recognized as a tribe by the federal government.

The Mashpee Wampanoag Tribal Council was established in 1972 under the leadership of its first president, Russell "Fast Turtle" Peters. In 1974 the Council petitioned the Bureau of Indian Affairs for recognition. In 1976 the tribe sued the Town of Mashpee for the return of ancestral homelands. The land claims case was lost but the tribe continued to pursue federal recognition for three decades.

In 2000 the Mashpee Wampanoag Council was headed by chairman Glenn Marshall. Marshall led the group until 2007, when it was disclosed that he had a prior conviction for rape, had lied about having a military record, and was under investigation associated with the tribe's casino lobbying efforts.[1] Marshall was succeeded by tribal council vice-chair Shawn Hendricks. He held the position until Marshall pleaded guilty in 2009 to federal charges of embezzling, wire fraud, mail fraud, tax evasion, and election finance law violations. Marshall had steered tens of thousands of dollars in illegal campaign contributions to politicians through the tribe's hired lobbyist Jack Abramoff, who was convicted of numerous charges in a much larger fraud scheme.[2][3]

The Mashpee Tribe gained formal federal recognition as a tribe in 2007. Led by its chairman Shawn Hendricks, tribe representatives worked with Abramoff lobbyist colleague Kevin A. Ring to pursue Indian gaming-related interests, as this seemed to promise revenues to help the tribe take care of its people.[4] Ring was indicted and convicted on corruption charges linked to his work for the Mashpee band.[4]

During this period, there was considerable internal tension within the tribe. Tribal elders sought access to the tribal council records detailing the council's involvement in this scandal, filing a complaint in Barnstable Municipal Court. They were formally shunned by the tribal council, which voted to ban these elders from the tribe for seven years. The federal government also sought records from the tribe as part of its investigation into Abramoff and his colleagues.[5]

In 2009 the tribe elected council member Cedric Cromwell to the position of council chair and president. Cromwell ran a campaign based on reforms. He worked to distance himself from the previous chairmen, even though he had served as a councilor for the prior six years during which the Marshall and Abramoff scandals took place - and had voted to shun tribal members who tried to investigate.[6] A challenge to Cromwell's election by defeated candidates, following allegations of tampering with voting and enrollment records, was filed with the Tribal Court. Cromwell's administration has been hampered by a series of protest by Elders over casino-related finances.[7][8]

Membership

The Mashpee Wampanoag have established criteria for enrollment as a member. The 2012 amended ordinance is at "Enrollmentc Amended Ordinance and 09 2012 Amendment". In addition to stipulations about documented descent from recognized members, the tribe requires persons to live in or near Mashpee, and to be active in the tribe.

Land and casino

The Mashpee Wampanoag tribal offices are located in Mashpee on Cape Cod. After decades of legal disputes, the Mashpee Wampanoag obtained provisional recognition as an Indian tribe from the Bureau of Indian Affairs in April 2006, and official Federal recognition in February 2007.[9] Tribal members own some land, as well as land held in common by Wampanoag descendants at both Chapaquiddick and Christiantown. Descendants have also purchased land in Middleborough, Massachusetts.

The tribe has lobbied the state to build a casino on their Mashpee land. Indian gaming operations are regulated by the National Indian Gaming Commission established by the Indian Gaming Regulatory Act. It contains a general prohibition against gaming on lands acquired into trust after October 17, 1988.[10] The tribe's attempts to gain approvals have been met with legal and government approval challenges, as it did not control a reservation before this date.[11]

In November 2011, the Massachusetts legislature passed a law to license up to three sites for gaming resort casinos and one for a slot machine parlor.[12] The Wampanoag are given a "headstart" to develop plans for a casino in southeastern part of the state.[13]

The tribe has proposed a $500 million casino on land owned in Taunton, Massachusetts, which it has under a purchase agreement, but have been challenged by the Pocasset Wampanoag.[14] The state will accept its bid for a casino at that location, as one of three the state intends to authorize. By 2014, the tribe was completing an FEIS for development of the property in Taunton, as well as property it owns in Mashpee, the latter for administrative office needs.

The Wampanoag Tribe's current plan has agreement for financing by the Malaysian Genting Group and has the political support of Massachusetts Senator John Kerry,[15] Massachusetts Governor Deval Patrick, and former Massachusetts Congressman Bill Delahunt, who is working as a lobbyist to represent the casino project.[16] Both Kerry[17] and Delahunt[18] received campaign contributions from the Wampanoag Tribe in transactions authorized by Glenn Marshall as part of the Abramoff lobbying scandal.

The tribe applied for a land-in-trust deal with the federal Bureau of Indian Affairs; with that approval, the tribe would have jurisdiction over the parcel. In 2015 the BIA approved the taking of 321 acres of land into federal trust for the initial reservation for the Mashpee Wampanoag.[19]

A group of Taunton property owners filed a federal lawsuit in February 2016, contending that BIA was wrong to designate the casino site as a Native American reservation, because of a 2009 Supreme Court case, Carcieri v. Salazar. The judge in the case said he would probably issue a ruling by the end of July. Both sides have said that they will appeal an adverse ruling to U.S. First Circuit Court of Appeals, and if necessary to the U.S. Supreme Court.[20]

Notes

  1. "WampaGate – Glenn Marshall: There is still much to tell", Cape Cod Times, 26 August 2007.
  2. "Former Wampanoag leader sentenced", Boston Globe, May 8, 2009.
  3. "Marshall Timeline", Cape Cod Times, August 25, 2007
  4. 1 2 "Cape tribe feels heat from lobbyist scandal", Cape Cod Times, September 11, 2008.
  5. "Fed letter demands 8 pages of tribe's letters to Abramoff, others", Cape Cod Today, 9 October 2007.
  6. "Cedric Cromwell elected chairman", Cape Cod Times, February 2, 2009.
  7. "Mashpee Wampanoag elders gather outside tribal headquarters yesterday, seeking information about the tribe's finances since Chairman Cedric Cromwell took over", Cape Cod Times, 24 September 2009.
  8. Nellie Hicks Ramos v. Patricia Keliinui, 2009 Mashpee Wampanoag Tribe Election Committee Chair, Mashpee Wampanoag Tribal Court, 17 January 2012.
  9. "Mashpee Wampanoag win federal recognition". Boston Globe. 2007-02-15. Retrieved 2007-12-11.
  10. National Indian Gaming Commission, "Indian Land Options"
  11. "City ends deal to sell land for Mashpee Wampanoag Tribe casino", Indian Gaming, January 19, 2011.
  12. Associated Press, "Massachusetts: Casino Bill Passes in Both Houses", New York Times, November 15, 2011
  13. Mark Arsenault, "Developers start to jockey for casino sites/Early groundwork laid in Springfield, Palmer", Boston Globe,November 18, 2011
  14. "Pocasset Mashpee Wampanoags at odds over which tribe should get casino license for Taunton", Enterprise Press, April 18, 2012.
  15. WPRI News, "Sen. Kerry to support tribe land trust", September 8, 2010.
  16. "Former Congressman Bill Delahunt to Represent the Mashpee Wampanoag Tribe", Indian Country News, March 12, 2011.
  17. CampaignMoney.com, "Wampanoag federal campaign contributions" 2006.
  18. "Former MA Congressman to Lobby for Tribal Casino", Casino Suite News, March 11, 2011.
  19. Indian Country Today 09-18-2015
  20. Murphy, Sean P. (July 12, 2016). "Taunton casino foes to get their day in court". The Boston Globe. Retrieved July 19, 2016.

External links

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