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Sun 10 May 2020 5:10PM

Mashpee Wampanoag tribal land status

J Jezzz Public Seen by 3

"On March 27, 2020, in the midst of responding to the COVID-19 pandemic, Mashpee Wampanoag Tribe Chairman Cedric Cromwell was informed by the Bureau of Indian Affairs that the Tribe’s reservation will be 'disestablished' as ordered by the Secretary of the U.S. Department of the Interior, David Bernhardt." [as reported in this article]

Post updates on social media actions related to #StandWithMashpee and the Tribe's pursuit of a court injunction here.

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Jezzz Sun 10 May 2020 5:13PM

The DOI seems to be backtracking a bit on this, due to a court judge expressing discontent with the DOI's failure to alert him to shift in their legal opinion:

"The Court frankly is shocked that the government did not bring this change to the Court's attention and discuss its relevance, or lack thereof, to the pending [legal] motions," [U.S. District Senior Judge Paul] Friedman wrote." https://www.eenews.net/stories/1063056669

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Jezzz Sun 10 May 2020 5:30PM

Brian Lightfoot Brown provides a quick overview of how this developed in this article on indianz.com :

"The Carcieri decision, also known as Carcieri v. Salazar, ruled on February 24, 2009 that only Native American tribes that were “now" under federal jurisdiction could follow the land-into-trust process, with “now" meaning 1934 when the Indian Reorganization Act (IRA) became law. This decision, illogically and unfairly, blocks all Native American tribes who have gained federal recognition status since 1934, from placing their lands into federal trust, unless they can prove that, if not by recognition, they were under federal jurisdiction by some other means in 1934.

In 2015, under the Obama Administration, the Mashpee Wampanoag Tribe, the tribe who welcomed the Pilgrims to Plymouth nearly 400 years ago, were awarded trust status for their 321-acre reservation. The Tribe made it clear that they intended to build a casino and resort on the land to help create jobs for Native and non-Native alike and to help grow much needed tribal programs. As is the norm, opposition arose to dispute this venture.

The Supreme Court's Carcieri ruling has created an unfair, immoral obstacle to many tribes. Sign Brian Lightfoot Brown's petition and let Congress know it's time for a fix. @UrbanN8VWarrior https://t.co/2azNvnfLWT pic.twitter.com/6M8x3UXbG0

— indianz.com (@indianz) October 1, 2018

Donald Trump then moved into the White House, even appointed an Alaska Native, Tara Sweeney (Inupiaq) as the Assistant Secretary for Indian Affairs at the Department of the Interior. She reviewed the case and reversed the decision made in 2015 and set in motion to remove the Mashpee Wampanoag land from trust status. Furthermore, the courts upheld Sweeney's decision amidst the current COVID-19 pandemic.

He asks that we "sign this petition to push the U.S. Senate to pass H.R.312 to reaffirm the Mashpee Wampanoag Reservation as federal land AND pass H.R.375 to allow the DOI to place tribal land into federal trust, regardless of when the tribe received federal recognition status, as the IRA intended."

• Pass HR 312 and HR 375: https://www.change.org/p/u-s-senate-pass-hr-312-and-hr-375