Supervisors Respond to Santa Ynez Chumash’s Move to Put Land Near Casino into Federal Trust

Sometimes it’s the dog that doesn’t bark that’s most arresting. For example, not a single member of the public showed to comment about the Santa Ynez Band of Chumash Indians’ application to place a 365-acre chunk of land by the intersection of Highways 154 and 246 into “federal trust” at this Tuesday’s Board of Supervisors hearing on the subject. 

“Fee to trust” is a legal action by which the 365 acres in question are proposed to be placed in federal trust on behalf of the Santa Ynez Band, allowing tribal leadership to do with the land as they see fit unfettered by county land use restrictions, property taxes, or the need to submit proposed development to environmental review. 

Ten years ago, County Supervisor Steve Lavagnino noted, a similar move involving a significantly bigger parcel of land then just purchased by the Santa Ynez Chumash known as Camp 4 triggered knock-down, drag-out fights between tribal leaders and valley residents for what seemed like several years. Since that perpetual imbroglio was resolved, federal laws have changed significantly, and what limited legal authority the county supervisors might ever have wielded was dramatically reduced. As a result, this Tuesday the supervisors agreed they lacked even a pretense of a legal position from which to sue the tribe.

Instead, Supervisor Joan Hartmann — who represents the district in which the Santa Ynez Band is located — suggested the board should reach out to the tribe to discuss any plans they might come up with and negotiate any mitigations that might arise. Of immediate concern to Hartmann was that tribal leadership put in writing that they have no intention of pursuing another gaming center. The current compact allows the tribe up to two.

Of immediate concern to tribal leader Kenneth Kahn was that the supervisors put in writing that they “recognize our tribal right to govern our land.” Furthermore, he stated, he wanted written acknowledgement that the tribe lived up to its word when it came to the 143 units of housing development now germinating on the Camp 4 property, not to mention the construction of the new Chumash museum and cultural center, described by Hartmann as nothing less than “iconic.”

Hartmann also asked that Kahn appoint a new tribal liaison with whom the supervisors, county planners, and members of the public can directly reach out to. Former tribal liaison Sam Cohen — who could also be described as “iconic” — has since moved on. 

For the time being, Kahn and the supervisors seem to have reached an understanding that there are many things they might need to talk about as any plans for the land unfold. However, there are no such plans for now. 

Kahn provided the supervisors with a quick tribal history, noting that originally, Chumash holdings encompassed 7,000 square miles, but by 1897, that number had dwindled to the 99 acres of reservation property in Santa Ynez. Both Kahn and Hartmann cited how constructively tribal leaders and the county had worked together on such projects as wildfire protection, expanded broadband access, the Santa Ynez River Trail, and a Santa Ynez Valley Corridor Study.