Gilroy
– The Democratic takeover of Congress could mean new life for a
local Indian tribe’s effort to gain sovereign status and bring
large-scale development to Sargent Ranch, more than 6,000 acres of
rolling hills and streams just south of Gilroy.
Gilroy – The Democratic takeover of Congress could mean new life for a local Indian tribe’s effort to gain sovereign status and bring large-scale development to Sargent Ranch, more than 6,000 acres of rolling hills and streams just south of Gilroy.
On Tuesday, as Democrats pushed forward on a raft of legislation that has idled under Republican power, U.S. Representative Mike Honda (D-San Jose) said he would not forget about the Amah Mutsun Indian Tribe.
“We’ll sit down with [tribal leaders] again … and get a renewed sense on their part to see what they want to do,” Honda said. “My desire for them to be recognized hasn’t changed. How we approach that now since the (congressional) membership has changed, we’ll see.”
Honda proposed legislation (HR 3475) in July 2005 that would have granted the tribe’s 500-plus members immediate federal recognition, freeing them from a backlogged review process at the hands of the Bureau of Indian Affairs. That bill idled in the House Resources Committee under the chairmanship of former U.S. Representative Richard Pombo. The congressman from San Joaquin Valley, ousted as part of the Democratic congressional sweep in November, had sought broad legislation to speed up the recognition process while restricting the spread of reservation casinos.
“Pombo never seemed to get it through his head that there would be no gaming, that their tribal documents specifically forbid gaming,” said Bob Dillon, a former Gilroy councilman and local spokesman for the tribe’s development partner and Sargent Ranch owner, Wayne Pierce.
Dillon could not say if Pierce, who could not be reached for comment, had resumed lobbying efforts in Washington. But Dillon was not surprised to learn that Honda would move forward with the recognition bill.
“Now with the Democrats in control, they can actually get some of their own bills passed,” Dillon said.
Moving forward on the bill has its pitfalls. Rival councils are waging a fierce battle for control of the tribe, and Honda will have to figure out how to handle a fight that includes allegations of fraud.
Three years ago, Amah Mutsun leader Valentin Lopez, who heads one of the rival factions, told officials at the federal Bureau of Indian Affairs that forged documents had been sent to the agency. He claims that the suspect documents benefited rival leader Irenne Zwierlein, who has struck a multimillion-dollar pact with Pierce to develop up to 3,000 acres of the land.
County officials – including Honda when he served as a supervisor in the ’90s – have blocked the developer’s past efforts to build golf courses and hillside homes on the land, but the arrangement with Zwierlein would allow Pierce to ignore county zoning regulations, as the county has no jurisdiction over federal tribal lands. The deal hinges on Zwierlein gaining control of the tribe through the recognition process and placing the land under tribal sovereignty.
Pombo said he would not proceed with Amah Mutsun recognition until a federal watchdog agency investigated Lopez’ fraud allegations. The Department of the Interior’s Office of Inspector General has completed its investigation but the findings are being withheld while the Department of Justice and other agencies review them, according to Sandra Evans, public records specialist for the Interior Department.
“If we can work with Congressman Honda’s office to move this legislation forward,” Lopez said, “and at the same time evaluate the findings of the inspector general investigation, that would be ideal.”
Lopez and his tribal council, who say they want to preserve the bulk of Sargent Ranch, claim Zwierlein did not have the power to negotiate a land deal with Pierce, or to represent the tribe with officials in Washington. Zwierlein resigned her position as tribal chairperson five years ago but quickly formed a new council. She could not be reached for comment.
Honda’s bill specifically names Zwierlein’s tribal council for recognition, though his staff has said the bill would be rewritten to use more neutral language.
“The folks that we were dealing with I thought were legitimate,” Honda said. “I’d have to read the inspector general’s report … but it sounds like it’s an internal battle for leadership. I don’t know how that affects their desire for recognition. My concern for their recognition still remains the same.”
The congressman also continues to insist that recognition and development of Sargent Ranch are separate issues. That position defies common sense for Santa Clara County Supervisor Don Gage, who represents South County. Gage opposes legislative recognition of the Amah Mutsun unless it includes safeguards to limit development.
“If they’re going to move forward, there should be some control at a local level,” Gage said. “If we have no bargaining power with them, they can build all the homes they want. That will impact the roads, impact schools, impact the air quality, impact the groundwater – and we’ll have no control.”
In addition to setting the stage for Sargent Ranch development, federal recognition carries the promise of educational, housing and other federal assistance for tribal members. Without Honda’s bill, the tribe will have to wait 15 years or more for the Bureau of Indian Affairs to review its request for recognition.
