DATE:

TO: (Insert Name
Address
City, State and Zip
Attn: Name)

Subject: Application of Lytton Band of Pomo Indians for Conveyance of Fee Lands to Trust Status

An application has been filed with the Bureau of Indian Affairs (BIA) by the Lytton Band of Pomo Indians to designate a 50-acre parcel of oak forest located on the south side of Windsor River Road, approximately 300 yards west of the Town of Windsor, California, as “trust lands” with the intent of constructing at least 50 buildings, a sewage plant, an administration building, and a tribal roundhouse. The proposed project violates existing County development regulations and is not environmentally viable due to existing natural site conditions.

From the Lytton Band of Pomo Indians October, 1999, Trust Application:

“ The lands are designated (AR-B6-5)… to provide lands for raising crops and farm animals in areas designated primarily for rural residential use….  For this particular parcel, the density was established at 5 acres per unit, or a total of up to 10 …units.  The Band cannot use the land for its intended purpose of the construction of up to 50 homes unless and until the land is accepted into trust status.” (10.2 Zoning Conflicts)

Once the BIA reviews the proposal, there is a brief window of only 30 days during which any comments are considered from any government agency or office.

Under current law, once the Windsor River Road parcel is designated tribal land there is no way to compel the Lytton Band of Pomo Indians to comply with any existing or future city, county, state, or federal law in relation to activities and development of the parcel, as they will be considered to be a separate, sovereign nation.  As a citizen and resident, I ask that my rights and safety be considered now -- prior to any permanent transfer of this property to the BIA.  According to 25CFR151, at no time other than now will the Secretary of the Interior or the BIA be compelled to give as deep consideration to governmental agency and official representatives’ concerns as during this initial trust review period.  Once the reservation is established, comments and objections to expanding the reservation by future land acquisition in and around the parcel will be given proportionally less consideration.

I AM OPPOSED TO THIS DEVELOPMENT OF THE PROPERTY, AND ASK THAT YOU URGENTLY UNDERTAKE ACTION TO INVESTIGATE THE FOLLOWING OBJECTIONS IN ORDER TO BE ABLE TO RESPOND DURING THE COMMENT PERIOD:

Thank you in advance for your attention to this matter.

Sincerely,
 

(Signature)
 
 

• · DENSITY:  this parcel is zoned Agricultural and Residential for raising crops and farm animals in a rural residential environment, with a maximum density of one home every five acres.  The proposed density of 50 homes is 5 times the zoning limit, and the band has proposed a total need for 97 homes in the future--10 times the zoning limit.

• · SEWAGE: the parcel is located in an area that cannot support the disbursement of wastewaters of the proposed project because of natural site conditions and limitations.  Partially treated wastes could flow onto adjoining properties, waterways, or wetland areas on or near the site since no sewage service is available to the parcel

• · WATER: the parcel is located in an area with known marginal water availability.  A development of the density proposed could affect the water table in the area and impact the existing residential and agricultural supplies and uses based on established zoning ordinances

• · PUBLIC SAFETY AND SERVICES:  this development would require public services including fire, police, education, emergency healthcare, utilities, and others that would draw upon existing infrastructure to the detriment of current residents.

• · TRAFFIC : Increased residential as well as commercial traffic resulting from the administration building and roundhouse is a safety issue and inconsistent with the current land use and rural road design designated by the current zoning ordinances.

• · NOISE:  increased density, commercial uses, and ceremonial activities at the roundhouse would negatively impact the area

• · LIGHTING: increased density, commercial uses, and ceremonial activities at the roundhouse would negatively impact the area (Is this only a duplication of above?) RHEC

• · TAX BURDEN:  tribal lands are considered sovereign nations by US law and not subject to taxation.  In addition, the resulting pull upon area public and social services could result in increased tax liability to residents

• · PROPERTY VALUES:  increased density and the presence of uncontrolled, unregulated development on the parcel would negatively impact the value of lands throughout the area

• · ENVIRONMENTAL:  the parcel is known to have seasonal wetlands, and possible biotic habitat and protected oak species, all of which will be negatively impacted by the kind of development proposed.

• · INDIAN GAMING:  the Lytton Pomo seek to operate the Casino San Pablo, potentially the largest urban, Indian-owned Class III gaming facility in California.  Prop 1A allows up to two casinos per tribe in the state, and compels the Governor to negotiate a gambling pact in good faith with the tribe.  At a minimum, tribal business and gambling representatives will be present at the parcel

Signed-_________________________