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December 18, 2007

MIDDLEBORO – The Mashpee Wampanoag tribe has an open door to build their casino with federal approval rather than compete for a state license.

A spokesman for the U.S. Department of the Interior said the tribal casino will qualify for Class III gaming under the Indian Regulatory Gaming Act of 1988. The regulation states that any gambling allowed by state law is thereby allowed on federal reservations. Massachusetts has legalized Class III gambling for charities that host “casino nights”. The legalized games include poker, blackjack, roulette, craps, etc. Although the charities are limited to three casino nights per year, the federal spokesman, Gary Garrison, said the tribe “only has to adhere to what kind of games, not how often they are allowed.”

The Mashpee tribe petitioned the federal government last August to place their casino land in trust, which is a basic requirement for an Indian casino. This process typically takes three years, but the tribe’s chairman expects it to be closer to 18 months.

The next step in this process will be for the Bureau of Indian Affairs to schedule public sessions in Middleboro and Mashpee for interested parties to submit their comments. The federal application considers 140 acres in Mashpee and 539 acres in Middleboro.

That will be followed by negotiation of a Class III compact between the tribe and the Commonwealth of Massachusetts. If the negotiation fails, the Mashpee tribe will seek a mediator appointed by the U.S. District Court who is authorized to finalize an agreement.
 

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