[Congressional Record (Bound Edition), Volume 152 (2006), Part 11]
[Extensions of Remarks]
[Pages 15174-15175]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       BRIDGING YEARS OF TENSION

                                 ______
                                 

                        HON. WILLIAM D. DELAHUNT

                            of massachusetts

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. DELAHUNT. Mr. Speaker, sometimes we get it right. When we do, 
it's worth celebrating.
  Next week on Cape Cod, in my congressional district, leaders of the 
Wampanoag Tribal Council will sit down with officials of Mashpee, 
Massachusetts, to discuss the future of the town--together.
  Just a few years ago, such a meeting would have been inconceivable. 
The chasm between the aspirations of the Wampanoags and the fears of 
other local residents resulted in a generation of ill will among 
neighbors. Today I take to the floor of the House of Representatives to 
salute the people--all the people--of the Town of Mashpee for finding 
the higher road.
  As my colleagues may know, the federal Bureau of Indian Affairs 
recently granted preliminary approval to the Mashpee Wampanoag's 
petition for tribal designation. After a public comment period now 
underway, it is expected that the BIA will authorize full tribal status 
next spring.
  This designation has national significance for the tribe that 
originally welcomed the Pilgrims to our shores. Closer to home, its 
anticipation could have salted old wounds. Instead, it has inspired new 
collaboration. When town and tribal representatives meet next week, it 
will affirm our collective respect for the quality of life that has 
long defined Cape Cod--weaving diversity with common purpose.
  This is uncharted and perhaps challenging territory, but it is an 
opportunity that most communities never enjoy. It begins with the 
considerable financial benefits--for the Tribe, for the Town and our 
region--that accompany tribal status. However, the decision of the Town 
and the Tribe to embrace this opportunity will also yield a benefit 
less tangible but at least as valuable: a spirit of renewal as a 
community, in the name of all Mashpee residents and their families.
  As the following newspaper editorial outlines, ``Federal recognition 
. . . is not simply for tribal members . . . it's about Mashpee, and 
that can be good for all of us. It's hard to contemplate a firmer 
foundation for . . . the months and years ahead.''

                        [From the CapeNews.net]

              Mashpee Editorial: A Most Encouraging Letter

       Since March 31, when the Mashpee Wampanoag received initial 
     recognition as a federal tribe, Mashpee selectmen have been 
     eager to get talks underway to find out what full federal 
     acknowledgment next year will mean for the wider community. 
     As weeks passed without any tangible response from the tribe, 
     selectmen became a little impatient and also a tad wary, 
     asking why tribal

[[Page 15175]]

     council members seemed unwilling to talk. From the tribe's 
     standpoint, the lack of response was more akin to: ``What's 
     the hurry? We've waited 30 years for federal recognition. Be 
     patient, talks will happen in due time.''
       Then, on May 10, Town Counsel Patrick Costello had an 
     initial discussion with William McDermott, an attorney for 
     the tribe, at Mr. McDermott's West Roxbury office. A month 
     passed before the next exchange.
       On June 12, Mr. Costello wrote a letter to Mr. McDermott 
     laying out seven topics the selectmen want to discuss with 
     the tribal council. Mr. Costello wrote: ``I believe that, 
     most, if not all, of these topics are typical subjects for 
     discussion between federally recognized tribes and 
     neighboring local government entities.''
       Perhaps so, but the dominant theme was land. What was the 
     tribe going to do with its own land in Mashpee? What were its 
     plans for acquiring additional land in town? What role would 
     land claims play in acquisition?
       Tribal council members have repeatedly said that there 
     would be no return to the land suit days and that Mashpee 
     property owners have nothing to fear from federal 
     recognition. They have also promised that they would not 
     bring casino gambling to Mashpee or anywhere else on Cape 
     Cod. But selectmen believe they have a responsibility to get 
     these two issues formalized. Town Manager Joyce Mason and the 
     selectmen released Mr. Costello's letter and we published the 
     full text June 16. This public airing took Mr. McDermott by 
     surprise because he said it was his intention to keep the 
     initial talks private.
       What comes into play here is something that can add perhaps 
     unintended tension: the very different standings of the town 
     and the tribe. The Mashpee Wampanoag have both political and 
     cultural leaders. They are a large extended family and a 
     private corporation. Meetings of the tribal council are not 
     open to non-tribal members. They don't have to make their 
     every move public.
       While selectmen can and do meet in executive session, the 
     substance of those meetings is known in outline, whether it's 
     litigation, for example, or a personnel issue. But outside of 
     his carefully defined framework, selectmen are bound to 
     conduct the town's business in public. As political leaders, 
     they also have a vested interest in the public's knowing that 
     they are acting responsibly in regard to the $42 million town 
     budget and the approximately $5 billion worth of property in 
     Mashpee. Releasing Mr. Costello's letter may not fit into the 
     tribe's more private way of conducting business, but it lets 
     Mashpee residents who are skeptical of unwritten agreements 
     know that town officials are taking their fiduciary 
     responsibilities seriously. If the tribe's delay in wanting 
     to open talks raised concerns at town hall, these must have 
     been somewhat alleviated Monday with the arrival of a letter 
     from Mr. McDermott to Mr. Costello. At the selectmen's 
     meeting Monday night, there was an almost palpable sense of 
     relief at the most encouraging tone of Mr. McDermott's words 
     on the tribe's behalf.
       In response to the selectmen's seven topics for discussion, 
     the tribe lists six of their own: affordable and stable 
     housing; local public education; police and fire protection; 
     healthcare; transportation infrastructure; and preservation 
     and conservation of lands and waters.
       The encouraging and positive tone is set in Mr. McDermott's 
     first sentence. The six issues detailed in the letter are 
     ones ``the tribe believes are mutual objectives for the both 
     the town and the tribe, and should be discussed when the two 
     meet.''
       Mr. McDermott's second sentence gets to the nub of 
     selectmen's concerns: ``First, however, the tribe has asked 
     me to reiterate, in response to Items 3 and 4 in your June 12 
     letter, the tribe's prior commitments that it will not 
     conduct gaming activities in the Town of Mashpee or on Cape 
     Cod, and that it will not make any claims to private lands or 
     file suit asserting such a claim in connection with the 
     tribe's efforts to acquire lands within the town.''
       The discussions, which can begin ``any time during the week 
     of July 24 that is convenient for the town,'' Mr. McDermott 
     writes, ``can lead to a mutually cooperative framework 
     between the tribe and town to improve the quality of housing, 
     education, law enforcement, fire protection, public safety, 
     health care, transportation, and preservation of lands and 
     water in a way that will improve the life of all residents of 
     Mashpee.''
       In essence, with these words, the Mashpee Wampanoag are 
     bridging years of tension in a wonderfully generous and 
     inclusive manner. Federal recognition and its financial 
     advantages is not simply for tribal members, they are saying, 
     it's about Mashpee, and that can be good for all of us. It's 
     hard to contemplate a firmer foundation for the private and 
     public talks and conversations in the months and years ahead.

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