Here we go again. The Santa Ynez Band of Chumash Indians has once again gone behind the community’s back in its attempt to obtain superior privileges.

This time it was an approach to our congressional representative in D.C. requesting federal legislation to “annex” to the reservation the 1,400-acre property at the northeast corner of Routes 154 and 246, formerly owned by Fess Parker.

(Other examples include: Assemblyman Coto (San Jose) naming 154 the Chumash Highway, Assemblyman Nava (Santa Barbara) seeking superior water rights through Assembly Bill 2686, and state Senator Florez (Fresno) seeking to allow tribes to break the Williamson Act.)

These legislative actions were pursued without notice to the affected community — us, the tribe’s neighbors.

In addition to the disrespect displayed, this annexation is not justified under the law.

In 1934, in the depths of the Great Depression, the annexation program was established with the stated objective to help underprivileged tribes achieve financial independence by giving them improved opportunity to become self-reliant.

It was not intended to provide never-ending, accelerating welfare for tribes that had achieved wealth.

A few years ago the Chumash tribal chairman said: “The bottom line is that the program was developed in order to allow tribes an opportunity to achieve financial independence through economic development.”

Is the tribe now claiming they have not achieved financial independence? The tribe-owned casino monopoly and hotel operations generate an estimated $150 million per year in profit — this is about $1 million per year per tribal member.

Apparently trying to escape this pesky reality, the tribal chairman now asserts that the annexation privilege applies to uncountable future generations, and that the tribe will decide when it has annexed enough. This is ludicrous.

The law explicitly states that the annexation privilege is available when it is “necessary” for the tribe to achieve economic development. It is not enough to simply want it.

On this legal point, in a letter strongly opposing a prior Chumash annexation request, Gov. Schwarzenegger’s legal affairs secretary wrote: “The Tribe has failed to provide the demonstration of immediate need or necessity required by (the law).”

The problem is that annexation is not free — it comes at great expense to every other resident in the community.

First, there are huge losses of property tax. Santa Barbara County analyzed the lost income from the tribe’s much smaller request to annex 6.9 acres across the road from the casino in Santa Ynez and forecast a loss of $300 million in the first 50 years of a deal that lasts forever.

The missing hundreds of millions will result in cuts in service for the public or increased taxes for everyone else. The biggest losers will be the school systems and our children — and the only winners will be tribal members.

In addition, the competitive advantages of the tribe being free from regulation and taxes seriously threatens the ability of all tax-paying local businesses to compete and succeed.

All levels of government are in dire economic straits. Any politician attempting to give unjustified tax breaks to the wealthiest community members, or taking private business development off the tax rolls, would be demonstrating a callous disregard for the public interest.

The tribe deserves great respect for its achievements. In a very short time it has built a highly profitable business and greatly improved the quality of life of tribal families.

Simultaneously, this same spectacular economic success no longer justifies further subsidy at the expense of the community.

The deal we were offered when casinos were on the ballot was that if we gave tribes casinos, they would become self-reliant.

We did our part. It’s the tribe’s turn.

“Community Matters” explores local topics of public interest. Retired businessman Bob Field is president of his neighborhood’s mutual water company and past chairman of the Valley Plan Advisory Committee.

Copyright 2011 Santa Ynez Valley News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Posted in Commentary on Thursday, March 17, 2011 12:00 am