Analysis of Pomo Agreement

Analysis of Settlement Agreement by and
Between the Lytton Indian Community,
The Federal Government and the
County of Sonoma

I have had an opportunity to give the much-maligned Settlement agreement of March 1991 between the Federal Government, the Lytton ‘Community’ and the County of Sonoma a cursory review, and came up with some interesting observations:

1. In paragraphs 1, 2, 3 & 4 of the Settlement Agreement, the Feds agreed that the Lytton Rancheria was not terminated. They also agreed that the assets of the Rancheria were not distributed to the people who were given fee title deeds to the property.

a. The Rancheria ‘distributees’ and their descendants have the same status as prior to ‘termination’ -- whatever that may be;
b. The Feds will announce that the Rancheria was not lawfully terminated;
c. That the Distributees are in fact Indians;
d. That the Lytton ‘Community’ is eligible for Federal benefits;
e. (Paragraph 4.) The Lytton Indian Community has the right to organize and become a tribal entity.

In the above-referenced paragraphs, there was no recognition of the Lyttons as anything other than Indians. Tribal status was not given them at this time, only the right to become a tribe. This concerns us only in regards to the San Pablo Acquisition.

2. Paragraphs 6, 7, & 8 deal specifically with Alexander Valley, which is capped by Paragraph 14, which says that the Feds and Lytton agree not to establish the Lytton Rancheria, even if they still have some ownership rights to any of the Rancheria land. Paragraph 10 promises that if the Lyttons ever get any land, the Feds will consider taking it into trust status.

3. Paragraph 9 deals with hazardous materials disclaimers.

4. Paragraph 13 is a general release on the part of the Lytton Community.

5. Paragraphs 11 & 12 deal with the process of training the Community to become a tribe.

The preceding paragraphs are of no apparent immediate interest to us.

6. Paragraph 15 commits the ‘Community’ to confirm the Settlement Agreement if they become a Tribe.

This commitment could be important in view of paragraph 5, later.

7. As to the County of Sonoma; it promised to assist the Lytton Indian Community in identifying lands within Sonoma County suitable for housing and economic development:

a. Provide information on specific areas where it would be suitable for them to develop housing and/or economic projects, including areas water and sanitation would be available

b. Identify specific parcels within the areas of sufficient size, after the Community provides County with a preliminary assessment of needs; and
c. Conduct workshops on low and moderate income housing.

Has the County done any of the foregoing? Has the Community, now Tribe, asked for any of it? It would be good to know.

8. We have saved Paragraph 5 for last, because it is of paramount interest to us.
Future Acquisitions:

a. The Agreement anticipates future acquisitions, and so the agreement creates a procedure for the resolution of anticipated “disputes that may arise regarding land use on any future-acquired lands….in Sonoma County, the acceptance into trust of which is contemplated.”
b. The policy of the Secretary of the Interior (Exhibit A) “shall apply to the acceptance of land in Sonoma County to be placed in trust for the benefit of the Lytton…” (Paragraph 5 (a)
Note: Exhibit A shall apply (line 25, page 4). This is mandatory.

c. Lytton Rancheria is precluded from acceptance in trust because it would be inconsistent with the County General Plan. All of Alexander Valley is precluded from acceptance for gambling.
d. We do not need to be concerned with Dispute resolution at this time. (Subsection 5 (d))

Now, What does Exhibit A say? A pertinent part follows:

First, Exhibit A is a Policy Statement issued by the Secretary of the Interior, dated July 19, 1990. It is a “Policy for Placing Lands in Trust Status for American Indians”

“This Policy shall apply to the Lytton requests for trust status.”

“These requests shall meet the following criteria:

“7. Acknowledgment that, after consideration of all local ordinances including (but not limited to) fire safety, building codes, health codes, and zoning requirements, the tribe will adopt standards that provide at least comparable safeguards; “

If the Lytton Band is committed by Paragraphs 5 and 15 of the Settlement Agreement to adopt zoning standards comparable to the County’s, they cannot build their housing project in Windsor West.

They can, however, build a casino.

RHE Crawford

Questions we have received indicate that a more
Detailed examination of Paragraph 5 and 5(a) of the Settlement agreement
would be of value, therefore, we attempt the following:

Paragraph 5. Future Land Acquisition.

“It is the intent of the parties” [The Indian Community, the Federal Government and the County of Sonoma] “to create a procedure in this agreement for the resolution of certain disputes that may arise regarding land use on any future-acquired lands of the Lytton Indian Community in Sonoma County, the acceptance in trust of which is contemplated.”

[This is the first complete sentence of the paragraph. The following is a separate sentence, and must so be read]

“It is the further intent of the parties to provide specific criteria that will govern both the acceptance into trust and any future modification in use of any lands that may be acquired in the future by the Lytton Indian Community in the area known as Alexander Valley, Sonoma County.”

[This second sentence is conjunctive and covers two possibilities of land in Alexander Valley]

“In furtherance of this express intent, the parties agree that:”

(a) “General Rule: The policy of the Secretary of the Interior dated July 19, 1990, and the guidelines set forth therein, for placing lands in trust status for American Indians, a copy of which is attached hereto as Exhibit A, shall apply to the acceptance of land in Sonoma County to be placed in trust for the benefit of the Lytton Indian Community.”

[This subparagraph is significant for what it does not say. It does not provide, in reference to the policy “as may from time to time be amended” or any such qualifying phrase. That specific referenced policy is to apply. Further, the policy is attached to the Agreement as an exhibit. The mandatory words “shall apply” are used rather than a permissive phrase such as “may apply” or “at the discretion of someone”; this can only be interpreted as the clear intent of the parties to use the then existing policy as the policy to be applied in Sonoma County. The County agreed to this, the Federal Government agreed to it, and the Lytton Indian Community agreed to it.]

That policy requires the Lytton community and its progeny, the Lytton Band, to “adopt standards that provide at least comparable safeguards” of all local ordinances.

Bob Crawford