Proposed amendments to a bill that could loosen restrictions on Indian uses of public land are being opposed by the Board of Supervisors. The proposed amendments could provide Native American tribes or tribal groups with the authority to seek immediate cancellation of the Williamson Act contract by qualifying a myriad of new uses on public land in public interest. In other words, it would loosen the regulations on activities that could be viewed as publicly beneficial on lands in which Tribes have an interest. “This indicates one more time that some powerful sovereign people realize that by using our legislation they can gain more power,” said activist Debbie Dunn during public comment at yesterday’s Board of Supervisors meeting. Supervisor Louis Boitano focused on the long term perspective when referring to what could be more lax regulations against tribal development. “Smaller, financially strapped counties wouldn’t have the resources to go into the cost of litigation- like us,” he said. In addition, members of the California State Association of Counties wrote a letter to State Assemblyman Tony Mendoza, who introduced the amendments.

The letter states: “These proposed amendments are in conflict with this policy and make a mockery of the County’s most successful voluntary farmland conservatory program.” The California Land Conservation Act of 1965--commonly referred to as the Williamson Act--enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use. In return, landowners receive property tax assessments which are much lower than normal because they are based upon farming and open space uses as opposed to full market value. The Board unanimously voted against the amendments.

After the Amador County Board of Supervisors deadlocked over approval of the Intergovernmental Services Agreement, or ISA, drafted by Tribal and County staff over months of negotiations, the Buena Vista Tribe yesterday announced it will file a demand for binding arbitration, as provided for under its Tribal-State Gaming Compact signed with Governor Arnold Schwarzenegger. Under rules set up in the Compact and by both parties, the County and the Tribe had until March 18, 2008, at midnight to submit to each other their respective last, best written offers for purposes of arbitration.

Yesterday, the Tribe submitted its last, best written offer to the County. However, the County advised the Tribe yesterday that it will not be submitting an offer to the Tribe. Furthermore, the County stated it will not be participating in the arbitration proceedings. "As the County has acknowledged, the earlier-negotiated ISA offered the County terms and mitigation measures that went well beyond those required by the Compact," said John Tang, CEO of the Buena Vista Rancheria. "Our last, best written offer made to the County yesterday, and the only one that will be before the arbitrator, is nearly identical to the one previously negotiated. We could have made substantial and justifiable changes to the ISA that would have been much more favorable to the Tribe, but chose not to. Half the Supervisors who voted supported the negotiated ISA. We want to build on that.” An arbitrator will be selected in the coming weeks and it is expected that the arbitrator will issue an award by the end of April.