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Preservation of Los Olivos (P.O.L.O.) is a group of citizens who are dedicated to preserving the highest quality of life in our rural community. Our mission is to be actively involved with educating the community on issues and local, state, and federal government in their decision making in order to ensure the balance of our rural environment, local business economy, and in defense of the public's health and safety. We endeavor to assure conscientious stewardship of our inherent resources: water, air, open spaces, habitat areas, agriculture, local businesses, cultural resources and our heritage that make up the quality of life we enjoy in the Santa Ynez Valley.


OUT OF AREA CONGRESSMAN (Rep. Doug LaMalfa R-CA-1, north of Sacramento) AUTHORS LEGISLATION, Oct, 2013: Bill HR 3313. 5 CO-SPONSORS OUT OF AREA:

A bill to authorize the Secretary of the Interior to take land into trust for the benefit of the Santa Ynez Band of Chumash Mission Indians, and for other purposes.

CHUMASH CASINO EMPLOYEES BEING ASKED TO
SIGN LETTERS IN SUPPORT OF HR 3313?

NOTE: Letter "Historical Justification" continues to claim:
"At one time territory of the Chumash people extended from Malibu to Paso Robles -
a 200 mile coastal stretch of land."

P.O.L.O. asks: How many more acres will they say they are entitled to take into trust next?

Chumash 11-12-13 Employee Letter - Board of Supervisors
Chumash 11-12-13 Employee Letter - Historical Justification
Chumash 11-12-13 Employee Letter - Housing
Chumash 11-12-13 Employee Letter - Property Taxes


TRANSCRIPT: OCT. 15, 2013 Santa Barbara County Board of Supervisors Hearing:
Supervisors vote 4-1 to oppose 1,400 acre "Camp 4" fee-to-trust application.

Call to your attention: Comments by Supervisors Steve Lavagnino and Salud Carbajal.


October, 2013: SANTA BARBARA COUNTY OPPOSITION LETTERS
1,400 acre "Camp 4" fee-to-trust:

Congressman LaMalfa, HR 3313

Governor Jerry Brown

Amy Dutschke, Regional Director, Bureau of Indian Affairs


P.O.L.O. Requests copy of amended 1,400 acre fee-to-trust application and 30 day comment period

P.O.L.O. Comment on the 1,400 acre "Camp 4" fee-to-trust application

P.O.L.O. COMMENT: 1,400 acre fee-to-trust Environmental Assessment

P.O.L.O. Statement to US House of Representatives 7/22/2011

APPENDIX A:
BIA Rubber-Stamping

APPENDIX B:
No Restrictions on land in trust

APPENDIX C:
Encumbrances, Secretarial Approval

APPENDIX D:
No living lineal descendants, 9 Appeals file
POLO v. BIA - Notice of Appeal (LCAP)
SBCO v. BIA re TCA
SYV Concerned Citizens, SYV Association of Realtors, Meadowlark Ranches
Save the Valley Plan
Nancy Crawford-Hall
No More Slots
W.E. Watch
SY Rancho Estates Mutual Water Co.
SYVA IBIA Letter

APPENDIX E:
Supervisor Farr - No Notice; Realtor states harm
Realtor Robert Etling Speaks

APPENDIX F:
Realtor Disclosure

APPENDIX G:
Senator Feinstein, Congresswoman Capps to BIA

APPENDIX H:
Over 600 homeowners directly affected by TCA - Names withheld here to protect privacy

APPENDIX I:
Water Claims

APPENDIX K:
Crime on Reservations

APPENDIX L:
2005 Governor's Letter
APPENDIX M:
AES firm challenged by Attorney Guy Martin





Pepperdine Law Review Article, 12-15-2012

Extreme Rubber-Stamping: The Fee-to-Trust Process of the Indian Reorganization
Act of 1934


"Most significantly, 100% of the proposed fee-to-trust acquisitions submitted to the Pacific Region BIA from 2001 through 2011 were granted.183 Additionally, across all 111 decisions, the Pacific Region BIA did not conclude that a single factor weighed against acceptance of the land into trust. This resulted in a total of 10,538.03 acres being accepted into trust for individual Indians and tribes in California over that period." (page 278)

Read More Here!


UC HASTINGS COLLEGE OF LAW REVIEW ARTICLE, SUMMER, 2013
"...This note will lay out arguments the Santa Ynez Chumash Band of Indians could use to secure a right to groundwater..."

Read More Here!




1,400 ACRE "CAMP 4" UPDATE: DECEMBER 20, 2011
CITIZENS PROTEST AT LOMPOC CITY COUNCIL MEETING!

Santa Ynez Chumash Casino tribe Chairman Armenta and Sam Cohen speak,
want Lompoc to support 1,400 acres into trust.
Citizens explain how the public and county will be harmed.
Watch the Video!


HIGHLIGHT OF FACTS:

CRIME ON LAND AND TRUST

SB 162: California fee-to-trust legislation to silence Governor,
State government, advance tribal sovereignty

"The bill would prohibit a state agency from opposing specified fee-to-trust land acquisition applications. The bill would define a federally recognized Indian tribe as a tribe appearing on the list published by the Secretary of the Interior."

County of Santa Barbara Board of Supervisors opposes California fee-to-trust legislation
"Furthermore, it must be clear that once land is taken into trust for the purposes specific in SB 162, housing, environmental protection or cultural preservation, the land can be later designated by the tribe for any purpose."

United States Senator Diane Feinstein opposes California fee-to-trust legislation
"..once land is in trust...broad and vague criteria of the Indian Gaming Regulatory Act...Therefore, this legislation could incentivize bad actors to seek trust land for one purpose, and then turn around and use it for gaming."

California Coastal Commission OPPOSES SB 162

California Coastal Commission Analysis SB 162
"The development that follows fee-to-trust acquisition has the potential to cause significant environmental and land use impacts, including impacts to traffic and circulation, sensitive habitat, public access and public access and public service impacts. Subsequent development does not undergo environmental review under CEQA, nor any local permit process."
"Because there is no prohibition for a change of use once land is taken into trust by a tribal government, a tribe can apply to the federal government to take land into trust...and upon approval of the application immediately begin planning and implementation of a gaming facility or other type of project."

California Coastal Protection Network, The Wildlands Conservancy, Planning and Conservation League, Surfrider Foundation, North County Watch, Natural Resources Defense Council OPPOSE SB 162
"SB 162 seems to imply that this prohibition would only apply to fee-to-trust applications for specific purposes. However, it is important to note that once a tribe is awarded trust status for a parcel of land, any subsequent development is not limited by the list of uses enumerated in their initial application."

California State Association of Counties opposes California fee-to-trust legislation
"A Tribe can apply to the federal government to take fee land-into-trust for purposes of non-gaming activities such as housing, environmental protection, or cultural preservation and upon approval of the application immediately begin planning and implementation of a gaming facility or other type of project...Californians at large have a right to understand all potential impacts an application for trust land may have, regardless of the type of project the application includes."

Assembly Member Das Williams OPPOSES California fee-to-trust legislation
"SB 162 is particularly worrisome because the bill was amended only very recently... Since this occurred after the bill moved through the Senate, it missed a full review by one house of the Legislature. This maneuver effectively cut the public debate in half on an extremely important topic."

Solvang Mayor Jim Richardson OPPOSES SB 162
"Fee-to-trust is a blank check to Indian tribes to override local laws and customs. Evidence suggests that what appears to be benevolent reasons, are really a subterfuge to expand gambling and the exploitation of land, citizen customs and more."

California fee-to-trust SB 162 legislation: Editorials, articles, commentaries, letters
Capitol Weekly
Santa Ynez Valley Journal
Santa Maria Times
Santa Maria Times
Editorial
Santa Ynez Valley News

1933 Letter Regarding Santa Ynez Band - Describing Land and Origin
"The Santa Ynez Reservation comprises 75.75 acres, and whil it is a reservation the title is not in the United States. The Indians reside on it, and have use and occupancy only." "These Indians all are of Shoshonean origin, with an admixture of Spanish."

2002 Letter from Chumash Casino Tribe (Santa Ynez Band) Attorney:
"Both the Bureau of Indian Affairs and the Tribe have verified that there are no living lineal descendants of the five original families."

2005 Letter from Office of Governor Schwarzenegger regarding fee-to-trust application:
"Simply put, in pre-contact times there was no Santa Ynez Band of Mission Indians or any single independent political entity constituting a collection of the many different villages in the Santa Ynez Valley." (page 6)

2005 Opinion, Office of the Solicitor, re: Encumbrances on Indian lands, including prohibition of gaming, 25 USC sec. 81
Section 81 requires Secretarial approval where "an agreement or contract with an Indian tribe encumbers Indian lands for a period of 7 or more years..." "...the word 'encumbrance' to be broadly construed..."

2008 Santa Ynez Band Tribal Chairman Vincent Armenta testimony to House Resources Committee: Claiming entitlement to 7,000 square miles:
"I would first like to provide a brief historical overview of the Santa Ynez Band of Chumash Indians here in the State of California." "In prehistoric times the Chumash Territory encompassed some 7,000 square miles." "The Chumash desire to regain the lands of their ancestors even if it means buying them one piece of a time."

2008 Letter, DOI, from Carl Artman, Assistant Secretary of Indian Affairs, DOI will not impose restrictions on future use of land
"In addition, current land acquisition regulations in 25 CFR Part 151 do not authorize the Department to impose restrictions on a Tribe's future use of land which has been taken into trust.

2010 Final Letter briefs submitted, August 2010, October 2010, P.O.L.O. and POSY v. Bureau of Indian Affairs
No response from Bureau of Indian Affairs. P.O.L.O. and POSY argue in these briefs: The Chumash Casino tribe is not eligible for land into trust (per Supreme Court Carcieri Decision), Land in state jurisdiction not applicable for fee to federal trust (Supreme Court Hawaii Decision)

2011 Cooperative Agreement proposed to Board of Supervisors -
Undisclosed price to sell out Santa Barbara County:

"Tribe desires to expand Tribal housing opportunities and operate Tribal economic development projects in a manner that benefits the Tribe, not subject to the discretionary approval of the County."

2011 Commentary: "Santa Ynez Band claims super-sovereignty" -
Lana Marcussen, Citizen Equal Rights Alliance, CERA

"The technical presentation by Professor Carl Artman (former assistant secretary of Indian Affairs and an Arizona State law professor and member of the Oneida Tribe of Wisconsin) asserted that the Santa Ynez Band of Chumash Mission Indians is the original local government of the entire area, and all land in the area should be under its "inherent sovereignty."

2011 Letters from Santa Barbara Attorney Barry Cappello to Congressman Elton Gallegly, Congresswoman Lois Capps
Informing them of letter sent to Supervisors re: "Cooperative Agreement" as violation of Community Plan, and 2005 Letter from the Office of Governor Schwarzenegger that says: "Simply put, in pre-contact times there was no Santa Ynez Band of Mission Indians or any single independent political entity constituting a collection of the many different villages in the Santa Ynez Valley." (page 6)


P.O.L.O. HIRES ATTORNEY A. BARRY CAPPELLO TO DEFEND
SANTA YNEZ VALLEY RESIDENTS' PROPERTY RIGHTS

Sends letter to Board of Supervisors:
Chumash Casino proposed cooperative agreement and development plans
violate Santa Ynez Valley Community Plan

CHUMASH CASINO TRIBE (SANTA YNEZ BAND)
CHAIRMAN VINCENT ARMENTA RESPONDS:

"A misconception is that fee-to-trust takes lands 'out of local control.' The truth is exact opposite. Fee-to-trust is about returning lost land to the tribe and returning it to the local control of the one local government that's been in place long before the present county government or any nearby city government existed."
(Santa Barbara News Press, 9/16/11, "A place to call home for generations.")

AND:
"Fee to trust is local control..." Armenta said, "...On the contrary, the community plan should not apply to the Chumash, just as it does not apply to the incorporated cities of Buellton and Solvang."
- Santa Ynez Valley News, 9/22/11


TOWN HALL MEETING, AUGUST 26, 2011, 6PM, SOLVANG VETERAN'S HALL
LAND INTO "TRUST" / FEE TO TRUST

WATCH THE VIDEO OF THE MEETING!
Powerpoint Presentation - Quotes from County, State and Fed. Government letters objecting to fee to trust
Powerpoint Supporting Documents

EXAMPLES OF LETTERS - COPY, PASTE, AND ALSO
USE YOUR OWN WORDS (VERY IMPORTANT!)

Letter to Governor Edmund G. Brown, Jr.
Letter to The Santa Barbara Board of Supervisors
Letter to The Solvang City Council




SANTA BARBARA COUNTY CEO IN COMMUNICATION WITH CASINO TRIBE REGARDING 1,400 ACRES (Chumash casino tribe, Santa Ynez Band of Mission Indians)
2011 DRAFT "MITIGATION/COOPERATIVE AGREEMENT"
between the Santa Ynez Band of Chumash Indians and Santa Barbara County
CEO FOIA response (June 1, 2011) No communication
Letter to Supervisors regarding this FOIA & U.S. Supreme Court Decisions, Santa Ynez Valley Journal
Letter from Supervisor Farr (June 28, 2011), CEO IN communication


ALCOHOL EXPANSION AT CHUMASH CASINO AND RESORT:
Sheriff Brown: NOT ENOUGH MONEY for public protection yet Sups vote 3-2 to ALLOW alcohol expansion Unbelievable? Watch it for yourself, go to: http://www.youtube.com/watch?v=8iruMLbjMXo

Crime arrest reports on land in federal "trust"
Chumash casino crime ignored by Alcoholic Beverage Control and Sheriff?
Does the Alcoholic Beverage Control (ABC) hold Indian casinos to different standards?
P.O.L.O.'s letters of opposition:(1) Letter to Supervisors and (2) Letter to Supervisor Farr


UNITED STATES SENATE COMMITTEE ON INDIAN AFFAIRS, 2011
Written testimony of John Echohawk, NARF, June 23, 2011: NOTE inclusion of Preservation of Los Olivos (P.O.L.O.) litigation, page 16. Other lawyers are catching on that the IRA as intended by Congress did not delegate unlimited authority to the Secretary of the Interior to create regulatory mechanisms like fee to trust - see TESTIMONY OF DONALD CRAIG MITCHELL ON H.R. 1234 AND H.R. 1291 BEFORE THE SUBCOMMITTEE ON INDIAN AND ALASKA NATIVE AFFAIRS OF THE COMMITTEE ON NATURAL RESOURCES JULY 12, 2011.


Who/What is P.O.L.O.?

P.O.L.O. is a 501 c (4) corporation that was formed in 2002 when hundreds of citizens believed they were not being represented in decisions being made on land use in Santa Barbara County.

Many P.O.L.O. members are extremely involved, researching and attending County meetings to understand the decisions that are being made that affect all of our quality of lives. These P.O.L.O. members believe that one of the biggest challenges we face in our Community, State, and Country is the unconstitutional Federal Indian Policy fueling the 25 billion dollar Indian tribal gambling industry. After the massive expansion of their Casino in 2000, the Santa Ynez Band filed an application to place an additional 6.9 acres of land into federal "trust." When the Bureau of Indian Affairs approved this application, and the Santa Barbara County Board of Supervisors ignored the public and refused to file opposition, P.O.L.O. and POSY filed a lawsuit against the federal government to stop the land from going into federal "trust". This lawsuit was filed on behalf of thousands of citizens who had expressed their opposition to the Santa Ynez Band taking any more land into federal "trust" and out of local and state jurisdiction. As you will read, the ramifications of land placed into federal "trust", and out of local and state jurisdiction are significant. Everyone in the United States is impacted by this because of the billions of largely unregulated Indian casino dollars that are involved and the impact this money has on politicians and legislation affecting the public...for example refer to "Santa Ynez Band Chairman Armenta Hijacks Pedro Nava's Water Bill AB2686."

CALIFORNIA GOVERNOR'S POSITION OPPOSING FEE TO TRUST
"Approval of the Tribe's application absent a showing of immediate need or
necessity could have potentially severe adverse cumulative impacts on California."
2005, "Notice of Non-Gaming Land Acquisition [5.68 acres] Santa Ynez Band of Mission Indians."


LETTER TO CONGRESSMAN GALLEGLY:
Community groups: Objection to legislative request, fee to trust, 1400 acres, Santa Ynez Valley.


SANTA BARBARA COUNTY OPPOSES LAND INTO TRUST
"This reform is necessary as the current federal fee to trust process as exercised under the IRA and as used under the "restored lands" exception to the Indian Gaming Regulatory Act (IGRA) is contrary to the original legislative intent; is without clear and enforceable standards; does not take into account county interests; and, at times, interferes with county ability to provide essential services to the community."


NATIONAL ASSOCIATION OF COUNTIES OPPOSES LAND INTO TRUST
"Rather, NACo calls on Congress to address any Carcieri issues as part of a comprehensive examination and congressionally enacted reform of the fee land into trust process. This reform is necessary as the current federal fee to trust process as exercised under the IRA and as used under the "restored lands" exception to the Indian Gaming Regulatory Act (IGRA) is contrary to the original legislative intent; is without clear and enforceable standards; does not take into account county interests; and, at times, interferes with county ability to provide essential services to the community."

P.O.L.O. LITIGATION AGAINST FEDERAL GOVERNMENT:

THE LATEST ON TRIBAL EXPANSION: AUGUST 19, 2010 and OCTOBER 4, 2010 SUBMISSION OF DOCUMENTATION, INFORMATION AND BRIEFS TO BUREAU OF INDIAN AFFAIRS


Santa Ynez, Ca., November 9, 2009: Grass roots citizen groups opposing tribal land expansion prevail and have been awarded $250,000.00 from the federal government through the Equal Access to Justice Act (EAJA).

Judge A. Howard Matz Published Decision, July 8, 2009

Published Decision: http://www.narf.org/nill/bulletins/dct/2009dct.htm

Preservation of Los Olivos v. United States Department of Interior 635 F.Supp.2d 1076 No. 06-1502 AHM (CTx) United States District Court, C.D., Ca. July 8, 2009.

*Synopsis: In citizens' groups' action for review of two orders of the Interior Board of Indian Appeals (IBIA) which dismissed their appeal from a Bureau of Indian Affairs (BIA) decision approving an Indian tribe's application to have land taken into federal trust, and for injunctive relief against enforcement of the order approving the tribe's application, groups moved for summary judgment.

*Holding: The District Court, A. Howard Matz, J. held that:
1) Court had jurisdiction to evaluate whether citizens’ groups had standing to seek judicial review of IBIA’s orders;

2) Groups demonstrated injury in fact;

3) Groups had an interest directly regulated by an action of the IBIA, as required to have prudential standing; and

4) IBIA acted arbitrarily and capriciously invoking judicial standing principles to dismiss groups’ appeal.

LInk: Judge A. Howard Matz Decision July 9, 2008

All information including additional legal documents previously posted here
can be read in our "tribal expansion" section.



Additional information:

P.O.L.O. Fundraising Campaign
“The Cost to Defend a Community”

We still need YOUR support!

The $250,000.00 award from the federal government through the EAJA helped considerably but we continue to incur costs and need your financial support for the legal defense fund.

Every dollar counts. Support P.O.L.O. and Support all communities across the country impacted by tribal land expansion.

P.O.L.O., PO Box 722, Los Olivos, CA 93441

Please support all community groups across the Country by supporting P.O.L.O.

Donate Here

Learn more about the lawsuit

JOIN P.O.L.O.
the greater the numbers,
the louder the voice

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Tribal gambling and land expansion are complicated. This website has been arranged in a “question/answer” format to explain the basics of the information.
1. Tribal gambling and land expansion issues are complicated. Is there any way for the average person to understand this?
2. How does an Indian reservation and casino impact the community? Why should I care if they want to expand their reservation or add more slot machines?

3. What does this lawsuit, “P.O.L.O. and POSY v. Department of the Interior” mean?

Community Groups Sue the Federal Government
Preservation of Los Olivos and Preservation of Santa Ynez
v. United States Department of the Interior
4. I hear people say, “They deserve whatever they can get because of what we took away from them.” What does POLO think of that?
5. Why should I donate to support this POLO and this lawsuit on 6.9 acres? What does it really mean to me?
6. The Santa Ynez Band says they are just going to build a museum on the 6.9 acres and that is why they want to take the land into federal "trust". Don’t you want a museum?
7. I read about Schwarzenegger and “compacts.” What is a “state compact?"
8. Doesn’t the Santa Ynez Band of Mission Indians donate to the community?
9. What are Santa Barbara elected officials doing about tribal expansion issue?
10. Why aren’t the Supervisors doing anything to protect the “non-Indian” citizens who have made it clear that they oppose tribal gambling and land expansion?
11. What progress is being made?
12. WHAT CAN YOU DO?

Join and Support P.O.L.O. Sign up for the email updates.
In order to make a difference and change law, there must be an organized entity to represent the people. P.O.L.O., a 501 c 4 non-profit corporation, was formed for this purpose.

Education, and the legal system, are key to stop the inequity.

Standing up for our constitutional rights is an expensive venture. The question to you is, “How much is your quality of life, worth?”

Our voices must be many and must be loud so that our gambling dollar deaf elected representatives can hear us. Members of P.O.L.O. have spent and continue to spend thousands of hours on research, education, and meetings at the state and federal level, and have filed the lawsuit against the federal government. We are in contact and collaborating with other Citizen Groups across the country. Since our voices have been systematically silenced by politics, the BIA and our elected officials, we are placing our energy, time and resources in the legal system.

Every dollar counts. Many small dollars add up to big dollars:
Donate Monthly: email info@polosyv.org

P.O.L.O.
P.O.  Box 722
Los Olivos, Ca. 93441

805-693-5090
Click here to join P.O.L.O.
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P.O.L.O. is a 501 (c) 4 Non-profit Corporation.
Check with your tax accountant for further advisement.

 

P.O.L.O. is a non-partisan, non-profit organization.
P.O.L.O. was founded in 2002.

 

 
 
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