Native Issues: Western Shoshone Nation, Part II

June 22, 2004 Message from Hugh Stevens, Chairman Te-Moak Tribe of Western Shoshone. For more information call Te-Moak Tribal Office at 775-738-9251. For general information on Western Shoshone land issue see http://www.wsdp.org/.

AN OPEN LETTER to

the President of
the United States,

the U. S. Congress, and

the American People

from
the Western Shoshone Nation

Concerning the Worst Case of Injustice to be Inflicted Upon
our Nation as American Indians in More than a Century

Dear President Bush, Members of

Congress, the People of the United States:

Today, the Western Shoshone Nation is in a struggle for survival against powerful forces within the U. S. Congress that are attempting to steal our ancestral homeland. While Western Shoshone warriors are fighting in Iraq to defend and protect the United States, certain members of Congress are attempting to illegally confiscate our homeland, which the U. S. Government promised to preserve and protect for the Western Shoshone Nation by the 1863 Ruby Valley Treaty.

If the Western Shoshone Claims Distribution Bill (H.R. 884/S.618) is passed and approved by the President, our Western Shoshone warriors will not have a homeland to return to when they complete their tour of duty in Iraq.

Today, the Western Shoshone People are not being attacked by U.S. Army soldiers who are firing their rifles and swinging their sabers in murderous attacks upon our people, as they did in the 1800s. Instead, today, the Western Shoshone People are being attacked by a Congressional juggernaut that has been fueled by false and misleading information that is intent upon stealing our sacred lands from under our feet.

While the direct frontal attacks of the 1800s were deadly and killed many Shoshones, today s Congressional attacks upon the Western Shoshone are far more devastating and destructive, since, if they are successful, they will destroy the entire Shoshone Nation.

People say How could this be happening in the United States of America in the 21^st Century? But it is happening, and the legislative conquest of the Western Shoshone will succeed unless stopped by Congress, the American People, and the President of the United States.

WHAT CONGRESS IS BEING TOLD

Members of Congress have been told that the Western Shoshone People want the distribution of the funds that were made available to the Western Shoshone Nation in 1979 by the Indian Claims Commission for damages inflicted upon the Western Shoshone People in 1872. The funding, which represents 15Â¢ per acre plus interest, is currently being held in the U.S. Treasury.

THE TRUTH

Seven tribal governments of the Western Shoshone Nation strongly oppose the distribution of the Indian Claims Commission funding which, if accepted, will extinguish their title and ownership of 24,000,000 acres of Western Shoshone lands that were guaranteed to the Western Shoshone by the U.S. Government by the 1863 Ruby Valley Treaty.

These lands have never been ceded or sold by the Western Shoshone. and remain the homeland of the Western Shoshone Nation.

ILLEGAL ACTIONS BY THE FEDERAL GOVERNMENT

In 1951, Western Shoshone filed a claim for damages with the Indian Claims Commission for actions being taken by the Federal Government to illegally confiscate Western Shoshone lands. Twenty-seven years later, in 1978, the Indian Claims Commission got around to responding to the Western Shoshone claim. Finally, in 1979, the Indian Claims Commission attempted to make a final judgment on the Western Shoshone claim. By law, in order for the Indian Claims Commission to make a final judgment on a tribal claim, two actions were required. First, the amount of monetary judgment for damages had to be determined by the Indian Claims Commission, and secondly, a final report had to be filed with Congress that defined the basis for the judgment. In the case of the Western Shoshone claim, the amount of monetary judgment was established by the Indian Claims Commission, BUT THE REQUIRED FINAL REPORT WAS NEVER FILED WITH CONGRESS... WITHOUT BOTH STEPS BEING TAKEN, ANY SETTLEMENT AMOUNT WOULD BE INVALID, AND ANY PAYMENT BY THE FEDERAL GOVERNMENT FOR THE TAKING OF INDIAN LANDS WOULD BE ILLEGAL.

During the time period from 1946 to 1979 that the Indian Claims Commission was authorized by Congress to address Indian claims, 320 claims were addressed, but 20 claims were not completed, since no final reports were filed with Congress on the 20 claims. The Western Shoshone claim was one of the claims that was never completed by the Indian Claims Commission before Congress abolished the Indian Claims Commission in 1979.

The Indian Claims Commission final judgment on the Western Shoshone claim remains incomplete as of this day, and can never be completed, since the Indian Claims Commission is no longer in operation.

SECRETARY OF INTERIOR ACCEPTS INDIAN CLAIMS COMMISSION FUNDING AS THE TRUSTEE OF THE WESTERN SHOSHONE

Despite the fact that the legal responsibility of the Indian Claims Commission was never fulfilled, the Secretary of Interior, acting as the trustee of the Western Shoshone Nation, accepted the payment of 15Â¢ per acre, plus interest, as a fair settlement for the confiscation of 24,000,000 acres of Western Shoshone lands by the federal government, a settlement that included compensation for the richest gold fields in the United States from which $25 billion in gold has been removed from Western Shoshone lands without any compensation being paid to the Western Shoshone Indians, as required by the 1863 Ruby Valley Treaty.

THE INDIAN CLAIMS COMMISSION DECLARED THAT THE WESTERN SHOSHONE LANDS WERE LOST BY THE WESTERN SHOSHONE ON JULY 1, 1872 AS A RESULT OF GRADUAL ENCROACHMENT ON THE WESTERN SHOSHONE LANDS... A COMPLETELY FABRICATED AND UNTRUE STATEMENT.

The 1863 Ruby Valley Treaty was a treaty of peace and friendship between the Western Shoshone and the U. S. Government. Article II of the 1863 Ruby Valley Treaty gave the U.S. Government, emigrants, and travelers across the Western Shoshone lands permission to have unobstructed and free access to travel through and on Western Shoshone lands, but the Treaty never ceded ownership of the lands. Specifically, Article II of the 1863 Ruby Valley Treaty states:

The sevaral routes of travel through the Shoshone Country, now and hereafter used by White men, shall be forever free, and unobstructed by the said lands, for the use of the Government of the United States, and of all emigrants and travelers under its authority and protection, without molestation or injury from them.

For the Indian Claims Commission to declare that the Shoshone lost their lands in 1872, three years after the Ruby Valley Treaty was ratified by Congress, is not possible inasmuch as encroachment by definition means to trespass on or through territory, and the word trespass means to enter without permission. The Western Shoshone gave their permission for the U.S. Government, emigrants, and settlers to pass through and use Western Shoshone lands; therefore, the taking of Western Shoshone lands by gradual encroachment was a fabricated myth that was made up by the Indian Claims Commission. It is not possible to trespass across lands if permission is granted to enter and use the lands, and that is precisely what the Western Shoshone Nation granted to the U.S. Government, to all emigrants and settlers by the terms of the 1863 Ruby Valley Treaty.

WHAT THE WESTERN SHOSHONE NATION IS SEEKING

Mr. President, and the People of America, please do not allow the Congress to use the injustices and abuses of our nation s American Indians that occurred during the 1800s to serve as the standard for which continuing abuse and mistreatment of Indian people will continue in the 21^st Century, precisely what approval of H.R.884/S.618 would perpetuate.

The United Nations, the Organizations of American States, and the National Congress of American Indians have all called for the U.S. Government to enter into good faith negotiations with the Western Shoshone Nation in an attempt to resolve this long-standing dispute that threatens our people, our culture, and the very survival of the Western Shoshone Nation.

We are prepared to enter into good faith negotiations, and we sincerely believe that a fair and just resolution of this matter can be achieved.

We appeal to the President of the United States to issue an Executive Order to the U. S. Department of Interior to direct the Secretary of Interior to enter into good faith negotiations, on a nation-to-nation basis, with the Western Shoshone Nation in an attempt to a reach fair and just resolution f the land dispute related to the 1863 Ruby Valley Treaty between the Western Shoshone Nation and the U. S. Government.

And we appeal to the U.S. Senate, please do not approve H.R.884/S.618 without at least giving the Western Shoshone Nation a hearing on the bill so that our voices may be heard.

______________________

Hugh Stevens,

Chairman, Te-Moak Tribe of Western Shoshone

-----------------------------------------

UPDATE - Action Alert
June 22, 2004
Western Shoshone Â“DistributionÂ” Bill
House passes Bill in expedited vote despite NCAI Resolution and Western Shoshone Opposition

In a behind the scenes, completely un-democratic and purely political maneuver, the Western Shoshone Distribution Bill (S 618/HR 884) was passed by a voice vote several hours before the scheduled vote on Monday, June 21, 2004. Because of the death of the Senate bill on June 1, the next step will be for the vote to move back through the Senate and then on to the President.

The bill was passed based on an illegitimate Â“voteÂ” claiming to represent Western Shoshone people, despite the fact that the Western Shoshone National Council, a majority of the democratically-elected Tribal Councils representing over 70% of the population, and all of the traditional Western Shoshone strongly oppose the bill. In addition, the National Congress of American Indians, the largest umbrella organization of Native American Tribes in the U.S. passed a resolution on Monday opposing the bill as a threat to Native American sovereignty and equal protection of the laws.

Do we live in a country of lawless ness and corporate corruption or do we still believe in a Congress and elected officials who reflect fairness and legality of process? This bill, the Western Shoshone Distribution Bill, may well be the test case of our time.

For further information, please see www.sdp.org or call 775-468-0230.

WHAT TO DO to express your concerns:
Democratic National Committee - 202-863-8000 (Why isnÂ’t this a national campaign issue?)
Republican National Committee - 202-863-8500 (Why isn't this a national campaign issue?)
Contact your Senator Â– Or Senators who claim to uphold Human Rights and Rule of Law
Contact the White House
And anyone else you may think could be persuasive in this issue.
Statement by Western Shoshone:

Western Shoshone Land - Silence is Golden if You Could Mine Your Own Business, As It Is Stated in Nevada.
Statement by Larson R. Bill (Western Shoshone), June 1, 2004.
I always thought Nevada was the Silver State, all of a sudden itÂ’s gold. The Western Shoshone Distribution Bill, S 618/HR 884 sure looks like hush money to me and other Western Shoshone. Why the push to pay us off? How much is it worth to a couple of senior congressmen and their corporate constituents to buy us off? How much is it worth to buy off or hush up constitutionally protected rights? Your guess is as good as ours Â– A few things we do know Â– and they all relate to money, lots of money Â– except when it comes to the Western Shoshone:

The Western Shoshone Distribution Bill - S 618/H.R. 884
The Truth: Fiction v. Facts

Fiction: A majority of the Western Shoshone people are in favor of the bill.
Facts:
· A majority of the tribal councils and all of the traditional Western Shoshone oppose the distribution of money until resolution of the land issues.
· There have been no government to government consultations on the bill.
· In 1980, at the formal Hearing of Record, the Western Shoshone rejected the claims money because the U.S. could not demonstrate how it had legally acquired title to the land from the Western Shoshone. Since that time, there has never been any vote of the Western Shoshone on the bill. There has been no demonstration in any form that the straw poll ballot referenced by Congressman Gibbons and Senator Reid was ever authorized or certified by any Western Shoshone government. No independent monitoring ever occurred and to this day no independent or government body has seen the alleged ballots or been allowed to review the process.
· Despite specific requests by Congressmen Tom Udall (NM) and Raul Grijalva (AZ), the Department of Interior has failed to provide any documentation of their statements that a Â“majorityÂ” of Western Shoshone are in favor of the bill.
· The tribal chairman, Felix Ike, who testified before the Senate and House committees in favor of the distribution has been formally removed from any tribal leadership position. An investigation is underway with regard to his actions while in office, in particular, his dealings with Congressional offices and the Department of Interior.

Fiction: The intent of this bill is simply to distribute money awarded to the Western Shoshone for damages.

Facts:
Â· This bill will distribute money awarded for alleged extinguishment of title to 24 million acres of land, the vast majority of which is currently classified as Â“publicÂ” lands.
· This bill will open the way to large scale privatization of lands held sacred by the Western Shoshone and currently used and occupied by the native people for grazing, gathering medicinal and food plants, hunting and fishing, and ceremonial purposes.
· In a November 2003 letter sent to Secretary of Gale Norton, Congressman Grijalva (AZ) raises serious concerns about the real intent of the bill and the involvement of the federal government and mining, energy and nuclear industries in presenting a misleading picture of the issues to the public and to members of Congress. (Copy available at www.wsdp.org)

Fiction: Western Shoshone land title has been fully litigated in the U.S. courts.

Facts:
· The Western Shoshone have never received a hearing on the issue of title.
· The Treaty of Ruby Valley, which recognizes the boundaries of 60 million acres of Western Shoshone land has never been litigated.
· The only issue decided by the U.S. Supreme Court in U.S. v. Dann was whether or not Â“paymentÂ” had been made when the money was accepted by the Department of Interior on behalf of the Western Shoshone. The Supreme Court said Â“yesÂ”, Interior serves as a Â“trusteeÂ” to the Indians and InteriorÂ’s acceptance equals acceptance by the Western Shoshone, thereby triggering a statutory bar to litigation on the issue.
· Last year, after 10 years of briefings and hearings, an international judicial body (the Inter-American Commission on Human Rights) found that the process used by the U.S. violates Western Shoshone rights to property, to due process, and to equality under the law. Amnesty International has issued a formal report on the situation and has called upon the United States to adhere to the international ruling by engaging in good faith negotiations with the Western Shoshone.
· In September 2003, a new lawsuit was filed in the U.S. District Court in D.C. (Western Shoshone v. U.S., Case No. 03-CV-2009 (Judge Lamberth)). The lawsuit asserts the unconstitutional nature of the federal process and asserts Western Shoshone title to the 60 million acre land base. Preliminary filings are underway.

Fiction: The land dispute can be resolved after the distribution is made.

Facts:
· Instead of a fair resolution, Nevada Congressmen Reid and Gibbons have already set the stage for corporate giveaways and large scale privatization of the lands. For example: H.R. 2869 would work to give away Western Shoshone lands to major mining interest such as Placer Dome; HR 2772 would encourage large scale expansion of geothermal energy production with no provision for Western Shoshone cultural beliefs or compensation for use of the hot water; Senator ReidÂ’s office has drafted the Northern Nevada Public Lands Management Act which creates a process for large scale privatization of the same lands at issue in the distribution award.

· Department of Interior continues acts of armed surveillance and threats of impoundment against Western Shoshone. (In the past Congressional session, hundreds of cattle and horses were forcibly seized by the Department under military-type tactics.)

Fiction: The lands are not highly valuable and there is no hidden agenda by U.S. lawmakers and corporations to Â“clearÂ” title.

Facts:
· The land and its resources are worth billions of dollars to mining and energy companies.
· The land produces 2/3 the gold production in the U.S., making it the third largest gold producing area in the world, behind South Africa and Australia. Due to the enormous wealth of minerals, a 1999 USGS report sited the area as the number one investment opportunity for extraction companies.
· Energy companies are lining up for access to the vast geothermal resources with Senator Reid calling the area the next Â“Saudi ArabiaÂ” of geothermal energy production. Much of the energy production is presumed for use to subsidize existing and expanded mining operations.

Fiction: The Western Shoshone are being unreasonable and cannot agree amongst themselves as to a fair resolution of the issue.

Facts:
· From the beginning, the Western Shoshone have asked for good faith negotiations with the United States. Their request is simple: to sit across the table and talk on an equal level.
· Complex negotiations occur in the corporate world everyday and if the U.S. were to commit the appropriate political will, a process could be decided upon that would satisfy all concerned.

· The cost to the taxpayer would be less than continuing the dispute and may in fact save monies which would otherwise be spent in ongoing enforcement actions against Western Shoshone and monies wasted or not realized in private sweet heart deals with private corporations and land developers.

Following are samples of some of the statements, letters and list serve communications being sent by Western Shoshone and supporters.
*********
Statement by Western Shoshone:

Western Shoshone Land - "Silence is Golden if You Could Mine Your Own Business, As It Is Stated in Nevada."

Statement by Larson R. Bill (Western Shoshone), June 1, 2004.
I always thought Nevada was the Silver State, all of a sudden itÂ’s gold. The Western Shoshone Distribution Bill, S 618/HR 884 sure looks like hush money to me and other Western Shoshone. Why the push to pay us off? How much is it worth to a couple of senior congressmen and their corporate constituents to buy us off? How much is it worth to buy off or hush up constitutionally protected rights? Your guess is as good as ours Â– A few things we do know Â– and they all relate to money, lots of money Â– except when it comes to the Western Shoshone:

· THE WESTERN SHOSHONE: The Western Shoshone people (Â“NeweÂ”) have lived on this land for thousands of years Â– our creation stories stem from the mountains where our ancestors lay buried. The waters, the plants, the other living beings and the earth itself all hold special meaning to us. The Distribution bill would pay approximately 15 cents an acre for land that was never agreed for sale, with no hearing and no public purpose.

· GOLD: Western Shoshone lands are the 3^rd largest gold producing area in the world, behind only South Africa and Australia Â– One mountain alone, Mt. Tenabo, which Congressman Gibbons has slated for a privatization scheme (HR 2869) to Placer Dome (5^th largest gold company in the world) has estimated revenues of $7-8 billion. In mining contributions received in the 2004 cycle, Congressman Gibbons comes in 2^nd in the House with Reid as the 4^th highest recipient in the Senate. Other multinationals mining in our area include Barrick, Kennecott, Newmont and Marigold.

· WATER: Western Shoshone lands have been cited as sitting atop a subterranean sea with vast quantities of drinking quality fossil waters. Example: Dewatering processes by several of the gold mines pump drinking water quality water 24 hours a day, 7 days a week at levels from 20 to 70 thousand gallons/minute. Vidler Water, a subsidiary of PECO Holding Corp., is in the area and initiating discussions with County and State officials regarding water privatization efforts.

· ENERGY: Western Shoshone hot springs are cited to be the next Â“Saudi ArabiaÂ” of geothermal energy production by Senator Harry Reid. Congressman GibbonsÂ’ bill, HR 2772, would open up our area to massive geothermal production with preliminary subsidies for the energy industry and the option to convert energy leases into mineral claims through the back door.

· NUCLEAR WASTE: Western Shoshone lands contain Yucca Mountain, cited home for the nationÂ’s nuclear waste repository. The construction contract for the waste repository was awarded to Bechtel Corporation at $1.2 billion.

· NUCLEAR WEAPONS/MILITARY: Western Shoshone lands are home to the Nevada Test Site and the Federal Counterterrorism facility, both managed through Bechtel, SAIC and Lockheed Martin. The management contracts amount to billions of dollars on a several year renewal basis. The Bush administration has talked of reopening nuclear testing at the site.

A fair deal? We donÂ’t think so Â– and neither should you. Mother Earth is not expendable, except only in the mind of a diseased man. Stop the Western Shoshone Distribution Bill (S 618/HR 884) and stop abuse of our lands, resources and beliefs. WeÂ’ve been in this struggle for a long time now and itÂ’s about time the U.S. gets back to reality and deals with this issue in a good way rather than continuing all this terrorism against the vanishing race of the original people of this Nation.

List Serve Communication:
Those of you with eyes to see and ears to hear,
I am forwarding an action alert Â…. asking for people to contact their representatives and oppose the Western Shoshone Distribution Bill to be voted on by the House of Representatives this Tuesday (June 1). Please read the action alert to learn the specifics.
Based on my understanding, this appears to me to be yet another case where the US government is unilaterally ending a treaty agreement with an Indian Nation without tribal consent. In a conversation with someone about this the other day they cynically asked:
"Yeah, but what do you expect? When has the US government ever honored treaties with the Indians?"

My reply to his question:
They've never honored the treaties. And I expect more from my government. I, for one, honor treaties and I will raise the one empowered voice I have to appeal to those who represent me in government to do the same. Those who opposed slavery expected more, those who professed that separate was not equal expected more--because those practices were based on racial discrimination. So is the US practice of not honoring treaties made with Indian nations. We must expect more from our government than that.
Thanks to those of you who have already responded to this issue. I urge the rest of you to do what you can. Even if it is just learning about the issue yourself and sharing this information with others.
****
Indigenous Rights Watch
"I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident: that all men are created equal."" ~Martin Luther King, Jr.
"When individuals assume responsibility for ensuring each otherÂ’s human rights the foundation for unity will be firmly established.Â” ~Bahai International Community

Western Shoshone Defense Project
P.O. Box 211308
Crescent Valley, NV 89821
(775) 468-0230
Fax: (775) 468-0237
http://www.wsdp.org/

Native Issues

Thursday, December 16, 2004

Western Shoshone Nation, Part II - An Open Letter

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