The leader of a prominent Yolo County Indian tribe this week accused state Sen. Dave Cox of making statements that represented "the height of arrogance and paternalism" toward American Indians at a legislative hearing Wednesday.
The accusation, contained in a heated letter, dated Thursday, to the Fair Oaks Republican from Paula Lorenzo, chairwoman of the Rumsey Band of Wintun Indians, is the latest fallout in Yolo County's controversial effort to acquire the 17,250-acre Conaway Ranch through eminent domain.
The Rumsey tribe recently agreed to help finance the county's Conaway Ranch purchase, which Cox opposes.
"I cannot remember any time when the Rumsey tribe or any other tribe has been so pilloried," said tribal spokesman Doug Elmets, describing the statements of Cox and fellow Republican Sen. Tom McClintock of Thousand Oaks at the hearing of the Senate's Local Government Committee.
Cox said Friday he had "placed a call" to Lorenzo and would assure her he meant no offense when he compared the government's seizure of tribal lands at gunpoint in the 19th century to Yolo County's eminent domain action against developer Steve Gidaro and other investors in Conaway Ranch.
At Wednesday's hearing, Cox told a visibly fuming Lorenzo that he "was very disappointed in the Rumsey band for participating in what I consider to be an abuse of power, where you're taking land from an unwilling seller."
"You must recognize that your people have been in that particular situation over the years, and for you, in my judgment, to facilitate it is not right."
In her letter, Lorenzo called Cox's analogy between the national and state governments' historical treatment of her ancestors - which included paying bounties for their scalps - and the county's eminent-domain action "nothing short of obscene."
"First, our land was taken without any compensation, let alone just compensation, as required by the eminent domain provisions of the United States Constitution and California law," Lorenzo wrote. "More importantly, the purpose for taking our land was to facilitate the genocide of our people."
Lorenzo also took McClintock to task for lecturing her about the nature of tribal sovereignty.
McClintock, an outspoken defender of private property rights, told Lorenzo he felt "inexpressible dismay, distrust and sadness" at seeing an Indian tribe associated with an eminent-domain action. He asserted that the notion of tribal sovereignty was an outgrowth of private property rights.
"For you (Cox) and Sen. McClintock to lecture me, a tribal official and descendent of the few survivors of the 19th century holocaust of our people, about the nature of sovereignty and what is in the tribe's interest is the height of arrogance and paternalism," Lorenzo wrote.
Rumsey lawyer Howard Dickstein, considered an expert on sovereignty issues, said McClintock's assertion that the sovereignty of tribal governments is entwined with private property rights is "sadly mistaken."
"The traditional Indian notion of property would be abhorrent to McClintock," Dickstein said. "All the property was owned by the tribe; none was in private hands."
But McClintock made no apologies for his remarks. In a Friday interview, he said he has spent many years defending the sovereign rights of Indian tribes. In the 1980s, he said, he backed a San Diego-area tribe that wanted to build a landfill on its land.
"It was one of the saddest days of my legislative career to see one of those tribes trying to deny the same rights to others that I spent a quarter of a century trying to maintain for them," McClintock said.
Cox and McClintock oppose the eminent-domain action, which is pending in court.
The Rumsey Band, flush with profits from its Cache Creek casino, recently boosted the county over a major hurdle when it said it would help pay for the Conaway property, which Gidaro's group bought for an estimated $60 million last year.
"The Rumsey folks have a sterling reputation," Cox said. "They're the ones who are supplying the money for this eminent domain, and I just take exception to that. But this is not about Rumsey. This is about the eminent-domain proceedings."
Wednesday's hearing did not deal directly with the issue of eminent domain.
Instead, senators considered AB 1747 by Assemblywoman Lois Wolk, D-Davis, which would change state law so the Rumsey band could join the joint powers authority charged with managing Conaway Ranch. Other JPA members include Yolo County's cities, the University of California, Davis, and the Yolo County Flood Control and Water Conservation District.
The bill passed 6-3 on a party-line vote with majority Democrats prevailing. It is now pending on the Senate floor.
Dickstein said the tribe will participate in the Conaway Ranch purchase regardless of whether AB 1747 becomes law.
"Rumsey's interest in this JPA is the precedent (it would set) for the tribe in deepening its relationship with other governments and taking its rightful place in the management of common resources," Dickstein said.
The fight over Conaway Ranch is approaching a critical juncture. On Aug. 23, a Yolo County judge will rule on whether the county can seize the land through eminent domain.
Yolo County leaders and other public officials who are working to acquire the ranch say they are doing so to preserve its rich environmental resources for the people of the Sacramento region.
The ranch - portions of which lie in the Yolo Bypass - is home to critical waterfowl habitat and holds rights to 50,000 acre-feet of water per year. It also contains thousands of acres of farmland that is leased to area growers.
Gidaro, who a decade ago sought to develop part of the ranch, says preservation is his primary concern as well. A public relations firm he hired recently told attendees at a town hall meeting in Woodland that Gidaro has a "passion" for the land and does not intend to develop it.
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| The Bee's Mary Lynne Vellinga can be reached at (916) 321-1094 or mlvellinga@sacbee.com. |
