Gilroy
– Despite the fact that simple legislation could allow an Indian
tribe to develop part of Sargent Ranch, Democratic Rep. Mike Honda
– an advocate of open space – insists he’s only trying to be
fair.
Gilroy – Despite the fact that simple legislation could allow an Indian tribe to develop part of Sargent Ranch, Democratic Rep. Mike Honda – an advocate of open space – insists he’s only trying to be fair.
“The development is not part of my concern,” he said. “I support sovereignty. Anyone who understands tribal history knows that when folks go through the process of federal recognition, sovereignty would be granted on that condition and then they could go about seeking tribal land. And that’s what I’m interested in.”
News of a development deal between the Amah Mutsun Tribal Band and Sargent Ranch owner Wayne Pierce broke nearly two weeks ago. The plans call for a mix of commercial and residential use, with the 454 members of the Amah Mutsun tribe keeping 500 acres to themselves, then leasing 3,000 of the 6,500-acre ranch to Pierce.
The ranch owner has yet to talk publicly about the deal but has said he’ll give the tribe $1 million today to continue in its efforts. If all goes as Pierce and the tribe hope, the deal would allow them to dodge county planning regulations and develop part of the ranch. There is an undeniable connection between the tribe receiving federal recognition and its ability to have their way with the land – namely, making good on the development deal with Pierce.
The tribe and its lobbyists met with Honda in August and mentioned the development deal to him, Honda said, and he told them he intended to keep the two issues separate. But gaining federal recognition would turn the key for the tribe to unlock Sargent Ranch.
“I told them about the history of proposed developments there and how I oppose development on that land,” Honda said. “So they’re aware of that.”
Honda said he first dealt with the Amah Mutsuns in 1993 when he served on the Santa Clara County Board of Supervisors. During his time on the board, Honda led efforts to establish the Open Space Authority and also blocked a major development proposed for Sargent Ranch in 1992.
Honda said he isn’t advocating that anyone stubbornly brush past state and local officials. He said he told the tribe and its lobbyists to “be diligent” in talking to officials, something Gilroy Mayor Al Pinheiro and District 1 Supervisor Don Gage strongly encourage.
Honda, who has been unreachable to the media for almost two weeks while campaigning to “see a much-needed change” in the presidency, said he’d be willing to sit down with Gage and others to discuss the development issue after the presidential election.
“I’d come to Gilroy after Nov. 2 to talk about it,” he said. “Right now, (the presidential election) is a big priority for me.”
Seeking federal recognition
Honda said earlier this month he would consider introducing legislation to get the tribe federally recognized. He has since backed off and said he will not carry the bill but would support one if the tribe found another initial sponsor, although he doesn’t immediately know who that might be.
A request by Honda for $1 million to go to the Nature Conservancy is a major reason why he said he relented in introducing the legislation. The money would help environmental organizations purchase part of Sargent Ranch.
“I didn’t want to jeopardize that money,” Honda said. “My interest was, is there a way to hasten the process of federal recognition? But given my concerns about (the Nature Conservancy request) and my position on open space, I concluded the tribe should seek another person or go through the administrative process.”
If the tribe were to gain federal recognition and develop part of the ranch, Honda said he doesn’t see that as setting a dangerous precedent for other Indians wanting deals for their tribal lands.
But the Amah Mutsun agreement is unique in that it does not mention a casino, which has essentially become universal for Indian-developer deals. Investors are more likely to finance a casino because there are strict federal regulations governing the deals, and the investors take away 30 percent of the casino’s profit under federal law.
Local leaders have their say
Pinheiro said he first would need to get a clearer understanding of what exactly federal recognition means before he could take a position. But Pinheiro said he has a problem with anyone trying to circumvent the administrative planning process.
“Anytime there is some sort of development that is called for, we have a process in place for a reason,” Pinheiro said. “We’re all here to live together and consider the impacts on each other’s communities.”
Pinheiro said he has not met with Gage, who staunchly opposes the Sargent development, to discuss the deal.
Republican Rep. Richard Pombo, who is chairman of the House Resources Committee that has jurisdiction over Indian issues, said he does not support granting tribal status through legislation but would like to speed up the recognition process.
Democratic Reps. Zoe Lofgren and Sam Farr, whose district borders the ranch, as well as Democratic Senator Dianne Feinstein, have met with the tribe and its lobbyists.
An aide with Lofgren said that at this point, Lofgren would support legislation to recognize the tribe. But any specific commitment is premature at this point, the aide said, and Lofgren would need more complete information before taking a formal position.
An aide with Farr said the congressman’s involvement is limited but he would consider supporting legislation.
Representatives of California Democratic Senator Dianne Feinstein recently met with members of the tribe, said the senator’s spokesman Howard Gantman. Feinstein will examine the deal as it progresses and if it becomes more of a reality, Gantman said.
“The proposal hasn’t crossed her desk … Following (the meeting with the tribe), the senator does not see a need for federal legislation at this time,” Gantman said.
Environmentalists weigh in
The recent deal also has caught the attention of several local environmental preservation organizations, including the Santa Clara Valley Audubon Society and the Greenbelt Alliance. Such organizations view Sargent Ranch as a pristine gem chock full of endangered species.
“It’s a precious piece of land and it’s been very important to us for many, many years,” said Jeremy Madsen, field director at the Greenbelt Alliance.
No formal efforts have been organized to challenge the tribe’s plans yet, Madsen said, but the proposal will be met with resistance from environmentalists.
Madsen said he thinks all development – be it casinos, resorts, community centers, whatever – should be subject to county planning regulations. Bypassing government and public opinion on developments would set a “terrible precedent,” he said.
“If Santa Clara County says Sargent Ranch shouldn’t be developed, that should be their decision and it should be respected,” Madsen said.
Amah Mutsun chairwoman Irene Zwierlein of Woodside said her tribe wants to preserve the area’s environmental health and is conducting a study on the potential existence of endangered species on the land. But Madsen is skeptical that the tribe is hugely concerned with preserving the ranch’s ecosystem.
“It’s like trying to save the body by cutting off the right arm,” he said.
But it’s not impossible for environmental organizations and developers to have an amicable relationship, Madsen said. But chances are that if the tribe pursues the development, they’ll correctly assume organizations are opposed and refuse a compromise, he said.
“It would be very hard for us to come to a mutually agreeable approach for Sargent Ranch because this land, in our opinion, should be completely protected,” he said. “If they’re saying they’ll protect a fraction of it, that means the remaining land will be lost. And that’s something we’re not keen to accept.”
