'Spiritual and sacred place.' Mashpee Wampanoag Tribe to ask town voters for land

MASHPEE — Through two town meeting petition articles, Mashpee Wampanoag Tribal members are asking town residents to vote to transfer town-owned land to tribal jurisdiction.

Talia Landry, petitioner for Article 12 and a member of the Mashpee Wampanoag Tribe, said a vote in the tribe's favor on Oct. 16 for both articles, creates an opportunity for tribal members and non-Native American Mashpee residents to come together and heal from centuries of land conflicts.

"This is a spiritual and sacred place for us all," she said.

At an Aug. 28 Select Board meeting, Brian Weeden, petitioner for Article 10, and chairman of the Mashpee Wampanoag Tribe, reminded attendees that Mashpee has been inhabited by the Wampanoag Tribe for roughly 12,000 years.

"This is our homeland and we continue to share it with you today," Weeden said. "The town and the tribe have a great relationship and continue to act in good faith. Let us work in the spirit of unity."

The annual Mashpee town meeting is at 7 p.m. on Oct. 16 at Mashpee High School. There are 12 articles on the warrant.

If Article 10 passes, what will the Tribe do with the land?

Article 10, which is being petitioned by Weeden as a private citizen, asks residents to vote to release the town's title for 1.63 acres. Acquiring that land would expand the Old Indian Meetinghouse Cemetery. The land is on the tribe's reservation, according to the warrant article, and will be used to bury future generations of tribal members, their spouses, and community members, said Weeden.

At an April 7, 2008 annual town meeting, Weeden said Article 2 authorized the Select Board to transfer eight parcels of land to the Tribe, including the Old Indian Meetinghouse Cemetery.

The original deed to the property in the 1600s included about 400 acres, and currently the Old Indian Meetinghouse Cemetery sits on a 12-acre lot, Weeden said during his presentation to the Select Board. The site was listed on the National Register of Historic Places in 1998 as the oldest Native American church on the Eastern part of the United States, according to Weeden.

With about 4,000 tribal members, Weeden said tribal members can no longer buy burial plots at the cemetery because "we are running out of space," he said.

The article, if passed, will also not interfere with the intergovernmental agreement or "IGA" between the town and the Tribe, said Weeden.

"This is a different day and age for the town and the tribe," said Weeden. "We would like the Select Board and the town to support us in these endeavors."

The Select Board recommended Article 10 by a vote of 3-0-1; and the Finance Committee recommended the article with a vote of 5 to 1.

What is Article 12 about?

Article 12 asks Mashpee residents to transfer town-owned land parcels 35, 415, and 409 to tribal jurisdiction. The parcels are at 35 Lake Ave.; 409 Main St.; and 415 Main St. Combined they equal about 12 acres, according to a presentation on Sept. 17.

Article 12 needs a two-thirds vote to pass.

If approved, parcel 35, which overlooks Mashpee Pond, will be used to create the "Revitalize 12 Acres" project that will include interactive pre-contact exhibits including a long house, a three sisters garden, and a corn watch tower. The project would be a partnership between the Tribe and the town. "This is a conservation project. There will be no waste, no major destruction, and no clear-cutting," Landry said at the presentation.

If approved, parcels 415 and 409 will be used to create access to the project site. In the past, said Landry, there was a restaurant on parcel 409 and a pre-existing road, which the tribe hopes to revitalize and clear. The road will not be paved, she said.The overall vision for the land is to create an area that supports tribal and social convergence through the arts, cultural preservation and education, said Landry.

"We want to enhance the relationship within the entire local community," said Landry by phone. "And create a mutual understanding amongst cultures and contribute to a thriving environment."

The traditional Wampanoag homesite will also help boost the economy, said Landry, by attracting educational institutions and tourism.

How will federal jurisdiction help the town?

The Mashpee Wampanoag Tribe was federally recognized in 2008, said Landry. At that time, the U.S. Supreme Court classified "Indian tribes as domestic, dependent nations," she said. That aspect of sovereignty means that if the land is under tribal jurisdiction, federal money can be used to revitalize the area, including Mashpee Pond, said Landry. The town is struggling financially to provide resources that can help with water quality, shellfish propagation and restoration, she said.

"The Tribe could partner with the town to help with wastewater issues for example," Landry said. "We can filter money from our federal funds to the town and engage in inter-governmental cooperation."

Landry also said that federal jurisdiction over the parcels won't prevent Mashpee town residents from using the parking lot and what is now known as town access to Mashpee Pond. For several summers, the Tribe has already been working with The Town of Mashpee Recreation Department to help provide signs to the area, and volunteers that monitor the residential parking requirements.

"There are certain aspects throughout Mashpee that the town isn't keeping up with and they need help," said Landry. "The tribe is always there willing to give that help. We are Mashpee and we want to unify and amplify cooperation even more."

If the articles pass at town meeting, land negotiations can continue

During her Sept. 17 presentation, Landry said the town owns about 15,000 open space acres, including a golf course and conservation and recreation areas. The tribe, on the other hand, holds about 74 acres of land in Mashpee, which is occupied by buildings such as the government center, housing, the Old Indian Meetinghouse Cemetery, and conservation. None of land the tribe has jurisdiction over is suitable to create "Revitalize 12 Acres," she said.

"We want to hear community concerns and map out the area in a way that the whole community agrees to," said Landry.

At the presentation, Mashpee Wampanoag Chief Earl "Chiefie" Mills, Jr. said the town's attorney, and the Select Board will weigh in on how a transference would operate. "This could be a lengthy process," Mills said.

John Cotton, chair of the Select Board, said there have been many questions from community members about transferring the three parcels to the Tribe.

"It's hugely beneficial for the public to learn about what these proposals are. The cemetery is a small parcel and less acreage so in my opinion it's easier for the town of Mashpee to consider that one," said Cotton by phone Thursday. "The voters have a lot to consider."

A police raid in 1976, arrests made

A 17th century-style village that tribal members, in cooperation with the town, tried to build in the 1970s on parcel 35 through what was called The Cedar Program is connected to Article 12, Landry said."Many of the same people were involved in that program, and will help us put this back together the way it was intended," she said. At that time, the project was funded by the U.S. Office of Economic Opportunity's Community Service Agency and $68,000 was awarded to the town of Mashpee, according to "The Mashpee Nine: A Story of Cultural Justice," a book written by Mashpee Wampanoag Tribe member Paula Peters. In June, 1976, tribal members worked to construct the outdoor living-history exhibit. Select Board members at that time allowed the exhibit to be developed on land that included an overgrown ball field in Attaquin Park. In 1976, the grant funds extended into a summer program that prioritized cultural awareness for about 60 tribal children, according to the book.

The Wampanoag village was still being constructed when a police raid occurred on July 28, and nine tribal members were arrested during a cultural celebration, according to the book. During the violent scuffle, the site was destroyed. Photos of the damage were taken by Dawn Blake-Lopes, who is now known as Dawn Blake-Souza, and Bernadine Pocknett.One month after the raid, the Mashpee Wampanoag Tribal Council filed a land claim action for all the land in Mashpee, based on the 1790 Non-Intercourse Act. The lawsuit had been in the planning for months, so the timing, according to the book, was coincidental.

“Police came and arrested nine of our folks, and the homesite was destroyed. The land case came right along with that and the (homesite) project kind of died,” said Landry.

There's a deep history surrounding why the Tribe is seeking the land transference, she said. "We want to do this project again," she said. "With the help of the town, the community, and our children and elders we can perpetually take care of this for future generations."

Mills was one of the tribal members who built the homesite in 1976 and was one of the nine tribal members who was arrested during the police raid, according to the book. At the presentation, he said the plan for the original village was to maintain the cultural resources of the community."Forty years ago, the town thought it was a good idea to initiate this project. And it serves multiple functions. It gives people an opportunity to look into the past," he said. "Utilizing a resources like this keep certain aspects of our old material culture alive."

"It won't be just our kids (who will be) learning from this project," said Mills. "This will be a community resource."

Rachael Devaney writes about community and culture. Reach her at rdevaney@capecodonline.com. Follow her on Twitter: @RachaelDevaney.

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This article originally appeared on Cape Cod Times: Mashpee Wampanoag Tribe seeks four land parcels at town meeting