Indian Gaming Now

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Jan 29 2010
The Cape Cod Times reports that the Mashpee Wampanoag may be looking at a new community partner for an off-reservation casino: Fall River, a community hard hit by unemployment.

The Mashpee had entered into an agreement with Middleboro to locate a tribal casino there.  The deal was contingent on land being taken into trust for the tribe, which hasn't happened.  And may not happen easily, especially after the Supreme Court's decision in Carcieri last year.  The Mashpee were federally recognized in 2007, so that the Court's holding that the Interior Secretary only has delegated authority to take land into trust for tribes recognized in 1934 definitely affects the Mashpee's efforts.  As the law currently stands, the Mashpee would have to show that even though they weren't formally recognized in 1934, there is other evidence of federal acknowledgment of the tribe in 1934, or (more likely) the tribe would have to ask Congress to take the land into trust.  Of course, everyone's waiting on Congress to pass the Carcieri fix proposed by North Dakota's own Senator Dorgan, so the law may change in the near future.

But that's not the only intriguing aspect of the Fall River development.  In November, the Mashpee broke it off with their Middleboro deal backers, Sol Kerzner and Len Wolman.  The break up with Kerzner and Wolman is still being negotiated, but the tribe has announced a new partnership with Kien Huat Realty, as in the Genting Group, as in the Malaysian company founded by Lim Goh Tong.  Interestingly, Kerzner and Wolman operate Twin River Casino in Rhode Island, just a short drive from Fall River. 

Breaking up is hard to do.

Read more: Cape Cod Times, Wampanoag Looking at Fall River for Casino