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.
Officials in San Benito County and the city of Hollister have concerns about the impacts a development like that could have, and the precedent it could create around the state if a sovereign tribe were not subject to local and state ordinances.
Hollister Mayor Tony Bruscia said he strongly opposes the idea because it's fundamentally wrong to take an individual group of people and give them special privileges that the rest of society aren't privy to.
"Depending on how they could circumvent land use controls is very scary - we have those for a reason to protect our community," Bruscia said. "If they're able to pull an end-run around the rules it could be really bad for our state and our community."
If a similar situation were to occur in San Benito County, the effects it could have on Hollister's infrastructure could be devastating, Bruscia said.
"A large project like this would put a huge strain on it, and if they're not making compensations it's really bad," he said.
Neither the Hollister City Council or the San Benito County Board of Supervisors have discussed sending any kind of response to Santa Clara County concerning the proposal, but Bruscia said the council may explore making some kind of statement.
"To be honest it's more symbolic than it is effective, and I don't know how much difference it would make," he said. "Depending on what the council decides, I would then look at if I should do something on my own."
If the development deal went through, Supervisor Reb Monaco said it would definitely have impacts on the state and this area. While he conceded not all of the impacts are negative, many of them are - the most prominent being the impact on traffic.
"There are positive and negative aspects to any kind of development, any kind of change," Monaco said. "But the mitigation of traffic has to be a major concern in our county, basically in this whole area."
At this point Monaco neither agrees or disagrees with the idea, but hopes if something does come to fruition that the Indian tribe remains open to local government input.
"For or against is not the question," he said. "The question is are the Indian facilities willing to work with the local communities to resolve the issues before it gets contentious?"
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.
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 local leaders to discuss the development issue after the presidential election.
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.
"This is happening all over the country. It's not unique here," he said.
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.
Reaction of local leaders
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 federal 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 in the issue 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 more closely examine the development 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.
Environmental concerns
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, and so far, efforts at warding off development have been successful.
"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 like every other proposed development on Sargent Ranch, this one will be met with fierce resistance from environmentalists.
Madsen said he thinks all development - be it casinos, resorts or community centers - 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. "It's not necessarily that the developments are good or bad categorically, but a tribe should have to follow the same rules as everyone else."
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. Even if some of the land is preserved, Madsen suspects it will be a very small parcel - not nearly enough to truly preserve the area.
"It's like trying to save the body by cutting off the right arm," he said. "It just doesn't make a whole lot of sense. ... If the tribe or the developer or land owner is interested in talking to us, they haven't made the effort."
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 environmental organizations are opposed and refuse to try for a compromise, he said.
Zwierlein said the tribe would be willing to involve the affected communities in the planning of the ranch, but only after the tribe gains federal standing.
Staff Writer Erin Musgrave contributed to this report.
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