04/02/2007 SELECT BOARD Minutes - Laserfiche WebLink

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c 2 Board of Selectmen Minutes April 2, 2007 The designation of federal recognition establishes a government-to- government relationship between a tribe and the federal government. Federally recognized tribes can petition the federal government to take tribal land into federal trust to establish a reservation. Procedures for land to be acquired or taken into federal trust are regulated and administered by the Department of the Interior. The reservation process would begin with an application to identify lands to be taken into trust. Notification would follow to the state and local governments to solicit comment. Lands of the town would be subject to public comment. The Tribal Council would then respond to any comment. After this process,the Department of the Interior would then make its determination on the lands intended for the reservation to be taken into federal trust. The tribe would not have any eminent domain power to take lands from an unwilling owner. Mr. Marshall indicated the Tribe has vowed many times that it will not take land from private individuals nor sue for private property in an effort to acquire land. Lands to be taken into federal trust for a gaming operation would require a full environmental impact review,which typically take a few years. Land being held as a reservation is the legality and entitlement of a tribe. Land owned by a tribe placed under federal law and federal protection cannot be sold, it would remain perpetual in tribal trust status. Lands being considered by the Tribe to be taken in trust include;the Mashpee Wampanoag Indian Tribal Council office, land owned by the Tribe on Great Neck Road South,approximately 55 acres and approximately 48 acres of undeveloped land on Meetinghouse Road that was given to the Tribe by the Willowbend Development Corporation. There are no liens on these properties. It was noted the Meetinghouse Road parcel would most likely be used for affordable housing needs and conservation purposes to preserve and protect the existing wildlife habitat. The Maushop horse farm owned by the Tribe would most likely not be placed into trust since it is mortgaged. Lands cannot be taken into trust if there is a mortgage or any type of lien or encumbrance on the property.