Should we reaffirm the Mashpee Wampanoag Reservation land trust?
Bill Summary
This bill reaffirms the land trust (federally recognized reservation land) in Massachusetts for the Mashpee Wampanoag Tribe.
Sponsor: Rep. William Keating (Democrat, Massachusetts, District 9)
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Opponents say
• “The Act… undermines the established statutory scheme for acquiring trust lands for Indians, as well as the Supreme Court’s decision in Carcieri…. All conclude that the Secretary is not authorized to take land into trust for the Mashpee or any other tribe that was not under federal jurisdiction as of 1934. The Act… will open the door to other fee-to-trust conversions in states, like Rhode Island, whose tribes are also excluded from the trust provisions of the IRA [Indian Reorganization Act]. Federally recognized tribes in these states will argue that they stand in no different position from the Mashpee and that the Secretary’s discredited rationale should apply to them as well.” - Claire Richards, Executive Council to the Governor of Rhode Island
• “Petitioners contend that the term “now” refers to the time of the statute’s enactment, and permits the Secretary to take land into trust for members of recognized tribes that were “under Federal jurisdiction” in 1934. We agree with petitioners and hold that, for purposes of §479, the phrase “now under Federal jurisdiction” refers to a tribe that was under federal jurisdiction at the time of the statute’s enactment. As a result, §479 limits the Secretary’s authority to taking land into trust for the purpose of providing land to members of a tribe that was under federal jurisdiction when the IRA was enacted in June 1934.” - Justice Clarence Thomas, in the Opinion of the Court in Carcieri v. Salazar
• “Republicans shouldn’t vote for H.R. 312, a special interest casino Bill, backed by Elizabeth (Pocahontas) Warren. It is unfair and doesn’t treat Native Americans equally!” - President Trump
• “Petitioners contend that the term “now” refers to the time of the statute’s enactment, and permits the Secretary to take land into trust for members of recognized tribes that were “under Federal jurisdiction” in 1934. We agree with petitioners and hold that, for purposes of §479, the phrase “now under Federal jurisdiction” refers to a tribe that was under federal jurisdiction at the time of the statute’s enactment. As a result, §479 limits the Secretary’s authority to taking land into trust for the purpose of providing land to members of a tribe that was under federal jurisdiction when the IRA was enacted in June 1934.” - Justice Clarence Thomas, in the Opinion of the Court in Carcieri v. Salazar
• “Republicans shouldn’t vote for H.R. 312, a special interest casino Bill, backed by Elizabeth (Pocahontas) Warren. It is unfair and doesn’t treat Native Americans equally!” - President Trump
Proponents say
• “The Mashpee Wampanoag Tribe’s citizens are currently suffering a massive loss of resources and services due to the uncertainty of the trust status of the Reservation. Millions of dollars of funding are being lost or delayed for our clean water program, our children’s education through our Mukayuhsak Weekuw immersion pre-school and kindergarten and critical community service programs. It’s also a direct threat to our emergency services, housing and substance abuse program that’s desperately needed to combat the opioid epidemic. These are just a few of the ways this negative ruling [that did not reaffirm the trust in the Department of the Interior] is impacting our community and our children.” - Mashpee Wampanoag Tribe Press Release
• “With our limited resources dwindling, we have already had to cut back on vital services and programs we had established to serve our Tribal citizens. Should we lose our reservation, our ability to operate as a Tribal government would be crushed… We are extremely grateful that a bipartisan group of Congressional representatives understands the injustice of taking sovereign land away from the first Americans and have moved swiftly to ensure this nation does not return to the dark days of removing indigenous people from their land” - Cedric Cromwell, Mashpee Wampanoag Tribal Council Chairman
• “[L]ike so many Native Americans, the Mashpee Wampanoags have experienced a long, tragic history of injustices… The Tribe leverages its federal support to provide adequate housing, offer employment opportunities, and operate numerous essential services… This legislation draws on precedents set by [Congress]... to lift the Carcieri cloud over Mashpee Wampanoag Tribes existence and to direct the Department of the Interior to consider them fully recognized for the purposes of the Indian Reorganization Act.” - Rep. William Keating (Democrat, Massachusetts, District 9)
• “With our limited resources dwindling, we have already had to cut back on vital services and programs we had established to serve our Tribal citizens. Should we lose our reservation, our ability to operate as a Tribal government would be crushed… We are extremely grateful that a bipartisan group of Congressional representatives understands the injustice of taking sovereign land away from the first Americans and have moved swiftly to ensure this nation does not return to the dark days of removing indigenous people from their land” - Cedric Cromwell, Mashpee Wampanoag Tribal Council Chairman
• “[L]ike so many Native Americans, the Mashpee Wampanoags have experienced a long, tragic history of injustices… The Tribe leverages its federal support to provide adequate housing, offer employment opportunities, and operate numerous essential services… This legislation draws on precedents set by [Congress]... to lift the Carcieri cloud over Mashpee Wampanoag Tribes existence and to direct the Department of the Interior to consider them fully recognized for the purposes of the Indian Reorganization Act.” - Rep. William Keating (Democrat, Massachusetts, District 9)
- #StandwithMashpee (Press Release)
- Trump Tweet Derails Mashpee Wampanoag Tribe’s Land Bill (NPR)
- Democrats Pull Mashpee Wampanoag Bill After Trump Tweets Opposition (Boston Globe)
- Mass. Lawmakers Fume After Trump Stalls Mashpee Wampanoag Tribal Bill with a Tweet (WBUR)
- Indigenous Peoples Legislative Hearing (National Resources Committee Hearing)
