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Tribes differ on gaming rights proposal

"The Mashpee Wampanoag tribe has an agreement with the town of Middleborough to develop a destination resort casino on as many as 325 acres the tribe controls there after taking the land into trust. That land could also be used for other purposes besides gaming, and should be sovereign in its entirety, said tribal spokesman Scott Ferson.

"The Aquinnah Wampanoag tribe has an agreement with Northeast Realty Associates LLC of Springfield, which owns 150 acres in the town of Palmer, to explore the possibility of economic development, including gaming, on the parcel. Tribal Chairman Donald Widdess, whose 1,100 members have seen previous casino proposals rejected and are talking to other would-be developers, said he welcomes the opportunity to build a commercial casino.

"The difference between a tribal casino on sovereign land, which cannot be taxed or regulated by the state, and a commercial casino that can, is huge to Massachusetts taxpayers, those governing the state and groups who would be assigned to oversee the gaming industry here, said the study's author, Clyde Barrow.

"...However, the study advises giving the tribes gaming licenses only if they forgo rights they are entitled to under the Indian Gaming Regulatory Act to run the casino on non-taxable, sovereign land.

"If the state does not allow gaming, the Mashpee Wampanoags believe they still have a right under the IGRA to open a limited, Class II casino.

"'The tribe fought hard over 32 years to achieve its sovereignty,' argued Ferson, calling Barrow's recommendation a 'benign attack.' The study creates 'an opportunity to maximize revenue to the state, but it does so at the expense of tribal sovereignty,' he said, whereas the tribe wants to 'have land held in trust for self-rule, whether it be for housing, a casino or for any other use.'

"...[Widdess] has no problems with running a strictly commercial casino 'since it's essentially an economic-development business proposition, anyway. If that opportunity (materializes), I think it's our obligation to look at it.' Taking land into trust would take several years, said Barrow, whereas he recommends that developers build casinos within two years.

"...Mitchell Etess, the president and chief executive officer of Mohegan Sun, said Monday that Barrow's recommendations are more than future casino owners may be able to bear..."

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