Saturday, December 18, 2004

Census Pushes for Indian Removal

FROM UNIVERSAL PRESS SYNDICATE
FOR RELEASE: WEEK OF DECEMBER 17, 2004
COLUMN OF THE AMERICAS by Patrisia Gonzales and Roberto Rodriguez
CENSUS PUSHES FOR INDIAN REMOVAL

Years of U.S. governmental assimilationist policies have succeeded in convincing about half of all the people within the "Latino/Hispanic" census category to see themselves racially as white. Now, for the 2010 census, the U.S. Census Bureau wants the other half.

On its face, this move to eliminate the "other race" category appears to be neutral. Yet if the bureau gets its way, by 2010, the people within the category of Latino/Hispanic will essentially become a subcategory of "white."

The bureau should not prevail. And it probably won't, because Rep. Jose Serrano, D-N.Y., has blocked the bureau's move to eliminate the "other race" option through language in the recent omnibus bill. However, keeping "other race" is not a solution either, but is the problem.

The bureau's perceived problem is of its own making. About 97 percent of all those who checked the "other race" category (10 million and 15 million in 1990 and 2000, respectively) are Latinos/Hispanics.

The bureau has long believed that those who exercise this option are racially confused. Thus, without their consent, it has traditionally re-categorized virtually all of them into the white category. The bureau's 2010 proposal would have the same funnel effect of corralling them into the white category because they don't perceive the other categories as being designed for them. It's a bureaucratic way to arrest the browning of the nation.

Anyone who reads a biology book knows that racial categories are unscientific. But if we play along with the bureau's fiction of forcing everyone into black/white/Asian and American Indian categories, what's undeniable is that the vast majority of "Latinos/Hispanics" are not white. Those who choose the "other race" category have long been sending out this message.

Most within the Latino/Hispanic category in the United States are what some term "mestizo," or racially mixed. Most people with Mexican and Central American roots are primarily indigenous or indigenous-based mestizos. A better part of their ancestry includes people who've been on this continent for thousands of years, and they have African, European or Asian roots, as well.

This covers nearly 75 percent of this census category. Of the remaining 25 percent, many of the people from South American and Caribbean nations are even more indigenous or African. And, of course, within all these populations, there is also a (minor) European element.

In effect, debates may rage about how to label or define Latinos/Hispanics, but what is certain is that the vast majority are not white. Thus, to steer virtually all of them into the white census category is tantamount to what we've long termed demographic genocide.

Since the issue is essentially limited to Latinos/Hispanics, one option that has been proposed is adding a mestizo racial category. That may not be accurate, but that's how many see themselves, and it would dramatically reduce the number of Latinos/Hispanics checking the "other race" category.

Perhaps therein lies the problem: Government bureaucrats may not want to officially condone the "browning" of the nation -- and many of those who can will opt for the white category and indeed do not want to be seen as brown. (Eliminating affirmative action for Latinos/Hispanics who identify themselves as white would reduce the number of Latinos/Hispanics who would choose white.)

The truth is, none of this is news. Jack Forbes, author of the book "Aztecas del Norte," has been writing about this for more than 40 years, warning about the efforts to de-Indianize the continent. De-Indianization is but another word for genocide -- a project that commenced in 1492.

The best solution is for the bureau to get out of the identity business altogether. One only needs to see the bizarre nature of how the government determines American Indianness by blood quantum. It will not be long until all other groups go down the same path. (Currently, the National Hispanic Scholarship Fund has created a similar formula for eligibility purposes.)

The bureau's effort runs contrary to thousands of years of history and is but another form of Indian removal. Beyond that, it's taking the nation back to a time before the advent of the civil rights movement and ethnic studies (where one learns ones history, when shame and embarrassment in being brown -- in having Indian blood -- was the norm.

This should be a clarion call for every artist, writer, scholar, elder, danzante, journalist, historian, demographer, professor, student, librarian, filmmaker and storyteller (people and organizations charged with keeping the memory) to inform their community and oppose any governmental effort to wipe brown people off the map. If given no option, indigenous (as Forbes has always suggested) is a fine choice.

COPYRIGHT 2004 UNIVERSAL PRESS SYNDICATE

* Perhaps it is high time for national organizations such as the National Association of Chicana/Chicano Scholars to discuss this issue and send this message to the Census as the bureau seems to be ignorant about such matters.

* The writers can be reached at
XColumn@aol.com or 608-238-3161, PO BOX 5093, Madison, WI 53705. Column of the Americas is posted every Sat at: www.uexpress.com/columnoftheamericas/ If you would like to see it in your local newspaper, please call/your local editor and direct them to Universal Press Syndicate at 1-800-255-6734.

Thursday, December 16, 2004

Western Shoshone Nation, Part II - An Open Letter

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 21st 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 15¢ 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 15¢ 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 21st 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 “Distribution” 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 “vote” 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 – 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 it’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 – A few things we do know – and they all relate to money, lots of money – except when it comes to the Western Shoshone:

· THE WESTERN SHOSHONE: The Western Shoshone people (“Newe”) have lived on this land for thousands of years – 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 3rd largest gold producing area in the world, behind only South Africa and Australia – One mountain alone, Mt. Tenabo, which Congressman Gibbons has slated for a privatization scheme (HR 2869) to Placer Dome (5th 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 2nd in the House with Reid as the 4th 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 “Saudi Arabia” 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 don’t think so – 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. We’ve been in this struggle for a long time now and it’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.




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 “majority” 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:

· 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 “public” 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 “payment” had been made when the money was accepted by the Department of Interior on behalf of the Western Shoshone. The Supreme Court said “yes”, Interior serves as a “trustee” 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 “clear” 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 “Saudi Arabia” 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 it’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 – A few things we do know – and they all relate to money, lots of money – except when it comes to the Western Shoshone:
· THE WESTERN SHOSHONE: The Western Shoshone people (“Newe”) have lived on this land for thousands of years – 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 3rd largest gold producing area in the world, behind only South Africa and Australia – One mountain alone, Mt. Tenabo, which Congressman Gibbons has slated for a privatization scheme (HR 2869) to Placer Dome (5th 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 2nd in the House with Reid as the 4th 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 “Saudi Arabia” 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 don’t think so – 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. We’ve been in this struggle for a long time now and it’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 other’s human rights the foundation for unity will be firmly established.” ~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/




Tigua Tribe Cheated by Lobbyists Abramoff and Scanlon

This case of exploitation of American Indian tribes is under investigation by the Senate Committee on Indian Affairs. Former lobbyist Jack Abramoff and public relations executive Michael Scanlon are charged with manipulating the Tigua Indian Tribe (Ysleta del Sur) and walking away with millions of dollars. Responding to the evidence, Senator Byron L. Dorgan called the activities "a cesspool of greed, a disgusting pattern, certainly, of moral corruption, possibly of criminal corruption...a pathetic, disgusting example of greed run amok."

Let the games begin
Indian Country Today
October 6, 2004

Of Capitol Hill and lobbyists, leadership and tribes
Indian Country Today
October 11, 2004
First in a series - analysis

Abramoff hearing a disgrace for tribes?
Indian Country Today
October 15, 2004
Second in a series - analysis

Allen: Lobbying scandal is all on the D.C. learning curve
Indian Country Today
October 21, 2004
Third in a series - analysis

Abramoff: Lobbying scandal highlights peril of tribal feuds
Indian Country Today
October 29, 2004
Fourth in a series - analysis

Corruption runs deep in Abramoff/Scanlon
Indian Country Today
November 19, 2004
Fifth in a series - analysis

Abramoff trail points to Congress
Indian Country Today
November 26, 2004
Sixth in a series - analysis

Investigating the Indian Gaming Scandal
NOW with Bill Moyers, PBS
November 19, 2004

Wednesday, December 15, 2004

Western Shoshone Nation, Part I - Story of a Broken Treaty

The Western Shoshone's struggle to retain their homeland and the 1863 Treaty of Ruby Valley should be mainstream news. The history of this struggle and the incredibly vacuous argument used by the United States to justify land theft goes back to 1979, when the Indian Claims Commission (ICC) placed a cash settlement in an Interior trust account for lands deemed taken from the Western Shoshone by “gradual encroachment.” Legislation then tried to force the distribution of this money, an amount set at the 1872 fair market value of 15 cents an acre. The Western Shoshone have always maintained that their homeland is not for sale. The struggle continues to the present time. Two important video documentaries focus on the issue: Broken Treaty at Battle Mountain and the sequel, To Protect Mother Earth (also referred to as Broken Treaty II).

Please visit the Western Shoshone Defense Project at www.wsdp.org for full and current information and how to help. The following is some historical background I used to announce the videos when I screened them in the mid-1990s on the Washington State University campus.

The United States made close to 400 treaties with American Indian Nations. Every treaty grants rights from Indians to non-Indians. In the Treaty of Ruby Valley (13 Stat. 663), the U.S. agreed to recognize the boundaries of the traditional Shoshone homeland in exchange for Shoshone commitments of peace and friendship. The Shoshone provided right-of-way through their lands, allowing safe passage and even a railroad, but never agreed or intended to give up land. However, the U.S. has been using it for nuclear testing and now claims that native (aboriginal) title has been extinguished.

In January of 1995, Peace Brigades International issued a report on the case:

"Before Europeans came to America, the Shoshone numbered about 60,000 and lived throughout a large area extending from what is now Southern California through Nevada into parts of Idaho and Utah. They travelled widely during the summer to hunt and gather, but would spend the dry winter in clan groups around various springs. In the spring and fall, representatives from all the clans gathered together - these were spiritual gatherings as well as meetings for decision-making.

After the European conquest of the Americas, Shoshone lands were first claimed by Spain and later Mexico. In 1848, after the United States defeated Mexico, Shoshone territory came under official control of the United States. Discovery of gold in 1848 in California caused a westward migration of European settlers, who traveled directly through Shoshone territory.

In seeking to negotiate with the various Shoshone peoples, the U.S. divided the Shoshone people into five groups - the Western, Eastern, Northwestern, Lemhi and Goshute - and signed treaties with each group in 1863. The Treaty of Ruby Valley was signed between the Western Shoshone and the United States, allowing safe passage of US citizens through the territory. The treaty also allowed railroad, mining and timber activities. According to the Shoshone, when the treaty was signed they did not imagine that so many people were going to come and live on their lands. They also say that the treaty contained many words that they did not understand and did not exist in the Shoshone language.

For the US, however, the treaty was a signal to begin the exploitation of the region's resources. Minerals were discovered and mining began. The bull pine and juniper forests that had been thick were cut down to construct the mines. The railroad was built through Nevada, for which the government sold off large amounts of land. Following the Civil War, soldiers who hadn't been paid were given land in the west to begin homesteads. The railway also sold some of its land to farmers. The remaining land was designated as public lands under federal control, administered by the Bureau of Land Management (BLM). Today this still makes up 85% of Nevada's lands.

Alongside of this process, the Euroamerican ways of life, beliefs and laws became the dominant culture. Europeans settled near the springs where Shoshone homes had been, causing the Shoshone to become homeless. Many Shoshone were forced onto reservations. Yet, by scattering when US soldiers came to round them up, many of them were able to remain on their land. Some started living in colonies near the towns established by whites, while others congregated around ranches.

The Indian Reorganization Act of 1934 forced the Indians to establish a new form of government known as the IRA system and assigned the U.S. as trustee of the reservation lands. Because not all Indians lived on reservations, only a part of the Western Shoshone came under the IRA governments. With the traditional settlement patterns changing and pressure from a series of U.S. laws, the clan system, a primary basis for Shoshone government, was slowly lost.

In 1946, the U.S. passed the Indian Claims Commission Act. It was designed to clear up any outstanding land title disputes with respect to the Indians and to pay for the land that had been taken from them and damages done to them. It was under this Act that the Temoak Tribes, a group within the Western Shoshone, filed a land claim to obtain payment for their land. They were heavily criticized by other Shoshone tribes because the Western Shoshone had never ceded their land, either through a treaty or through losing a war. However, the Indian Claims Commission (ICC) determined that the land had been taken - by gradual encroachment of whites. This finding allowed the ICC to choose 1872 as the year the encroachment process was completed and establish the value of the land at the time of its taking.

By the time the government was ready to pay the Shoshone at 1872 prices, the Shoshone were determined to refuse any money and maintain their title to the land. In 1979, the government transferred $26 million from the Treasury to the Secretary of the Interior, who accepted the money "on behalf" of the Shoshone as their trustee. The Shoshone appealed this action, but the court ruled that the transfer of money represented payment and therefore, the Western Shoshone had lost their rights to the land.

In 1982, traditional government of the Western Shoshone was formalized as the Western Shoshone National Council (WSNC). The Council consisted mainly of traditional tribes and bands not recognized under the IRA system, but included some IRA governments and offered participation to non-represented Shoshone. In striving for recognition as the government of an independent nation, the Council circulated a declaration of sovereignty, issued its own passport, appointed marshals and an envoy in Europe and began to hold gatherings at the Dann Ranch. Chief Raymond Yowell is the current Chair of the WSNC.

In the non-native community, a movement called Wise Use has been growing among Nevadans and residents of other western states to gain local control of public land from the federal government. People feel resentment toward the federal government which dictates from afar how they should use their land. Mistrustful of outsiders - some counties have formed citizen groups to control immigration from the south - this movement's position relative to the Shoshone struggle for sovereignty is unclear.

Currently, consultations are taking place between the U.S. government and the different Shoshone bands and tribes about how to settle the land rights question. The negotiations are held in secret, and while the government mostly wants to talk about the distribution of the money they set aside, Shoshone leaders insist that they want to talk about land. However, many Shoshone individuals, who do not believe they will get the land back anyway, would be willing to accept the money to relieve difficult economic conditions.

The Dann Case

Carrie and Mary Dann are the leaders of the Dann Band in Crescent Valley, Nevada. They live on the Dann Ranch, which has cattle and horses that graze on the surrounding land. In October 1973, the BLM (Bureau of Land Management, administrators of federal lands) sued the Danns for trespass, for exceeding their grazing permit by 332 cattle.

The permits issued by the BLM are for a certain number of animals and months per year. Having more animals for a longer time or grazing outside the official grazing season is considered to be "overgrazing". As there are few fences and no particular places for each rancher's cattle, overgrazing is not determined by the state of the land, but rather the politics of land ownership.

From 1974 to 1991, the Dann case went through many courts. The Danns maintained the land they used had been recognized under the Treaty of Ruby Valley as Shoshone aboriginal territory, and challenged the U.S. to prove its ownership of the land. After many contradictory rulings and appeals, the case ultimately reached the Supreme Court which ruled that aboriginal rights had been extinguished. At that point, Carrie Dann says she has lost all faith in the American court system and decided on peaceful resistance. According to Chief Raymond Yowell, Chair of the WSNC (Western Shoshone National Council), the Dann case has become a test case for the Shoshone's rights to the land.

Recently, the WSNC established a national security zone around the Dann Ranch, and formed the Western Shoshone Defense Project (WSDP) to protect it. Most of the volunteers in the WSDP are non-native supporters, but they follow the leadership of native people. The volunteers are committed to nonviolence, which they define as not being aggressive and not hurting people.

In 1988, the Alves family bought the neighbouring Dean ranch, where they raise quarter horses and have cattle. Maynard Alves has sued the BLM to force them to take action against the Dann sisters, because of their overgrazing of federal land and his own private land. According to Alves, he has been forced to feed hay to his cattle and horses, which is very expensive, and has also had to take on different jobs to earn extra money. He feels caught in the middle of the conflict, and did not know about the
conflict when he bought the ranch.

Recent Chronology of Events

In June 1991, the BLM sent a notice to all livestock permittees saying that all non-authorized livestock could be impounded within 30 days. Between November 1991 and February 1992, the Danns through a contractor gathered about 1800 horses and sold them. The BLM later gathered another 161 horses.

On April 10, 1992, the BLM tried to confiscate 25 head of Dann cattle that were grazing before the beginning of the official grazing season. When the cattle were gathered in a corral to be loaded on a truck, Carrie Dann got into the corral, so that the cattle could not be driven onto the truck without risking harm to her. After some negotiation, BLM District Manager Rod Harris gave the order to release the cattle. Later, he was heavily criticized for that decision, which he says was made out of a concern for Carrie's safety.

On November 20, 1992, the BLM rounded up 269 horses in Crescent Valley. Many federal police were present when they tried to leave with the first load of horses. Clifford Dann, the brother of Carrie and Mary, poured gasoline over himself and threatened to set himself on fire if they did not turn the horses loose. An ensuing scuffle to separate Dann from the lighter resulted in gasoline getting on a police officer, and in Clifford being hurt. No fire occurred, but Clifford was convicted in federal court of having assaulted a federal officer and spent nine months in jail before being released on probation.

The WSDP says that in the case of another round-up, its task would be to stop the BLM from taking away cattle or horses until the Dann sisters or Chief Raymond Yowell could arrive to negotiate. They are concerned about the possibility that the BLM might come with a lot of police again and use violence to take the animals away.

In April 1993, a BLM pickup with three people drove on a road 6-8 miles north from the Dann ranch. They were stopped by two cars from the WSDP, and asked about their business. Being outnumbered by people who appeared strong and determined, the BLM people chose to avoid a physical confrontation and drove away. They were followed for several miles. There have been several other reports of Dann supporters confronting people telling them to get out, and threatening them. At one point, Maynard Alves was confronted by Dann supporters, and fired his automatic gun in the air.

We understand that both the BLM and the Danns and their supporters are concerned about possible acts of violence around the Dann case. Yet, independently from each other, both Rod Harris, District Manager of the BLM, and Carrie Dann made the statement that this whole issue was not worth hurting or killing a single person. The BLM employees we met with do recognize that it is not possible to resolve the local problem without resolving the source of the problem. But they are not authorized to deal with land rights issues, and their regulations impede them from efficiently addressing cultural and spiritual issues that result in conflict.

The Mining Issue

Crescent Valley is also home to the Cortez Gold Mine whose operations are located about four miles south of the Dean Ranch. Mining, the most important economic activity in the area, supports many shops, restaurants, transportation enterprises and other industries. The mining company wants to extract a recently discovered gold ore body by open pit mining. To prevent water from filling the pit, Cortez would need to lower the groundwater level by pumping. Bound by law to promote mining, the BLM is currently receiving public comment on its Environmental Impact Statement for the project.

Because the mine dewatering could affect wells at both the Dean Ranch and the Dann Ranch, in this issue Maynard Alves is an ally of the Danns. He approached Chief Raymond Yowell to suggest they join efforts to oppose the mine dewatering. According to both Alves and the WSDP, the cooperation in the struggle against the mine has decreased the tension that existed between them around the grazing issue.

Two Levels of Conflict

On the surface level of this conflict is the Dann case. PBI may have a role in decreasing the violence in confrontations arising from this issue.

However, this is just one part of the underlying, or source conflict. By an overwhelming process of assimilation, backed by violence and political power, US Americans have taken use of the land away from the Western Shoshone. The Shoshone now wish to reclaim what they consider to be their legal and sovereign rights over the land. On both sides of the conflict, the land is an essential part of their livelihood and culture.

The situation might very well remain calm in the future, but this would not mean an absence of violence: the lack of political autonomy, cultural and spiritual self-determination and economic opportunity is a form of violence from which the Shoshone have been suffering for some time. Creating space for nonviolent change in this context is part of our ongoing challenge.

The Project Committee of the North America Project is currently evaluating the findings of the team. Although our understanding of the situation is still limited, we have gained some basic knowledge which would help us to act quickly if we received a request from any of the groups involved in this conflict. We hope that our visit to Nevada has helped people there to understand about PBI and its possible roles and limitations, so that they can choose to request our presence if they feel it would be helpful."

The foregoing report was issued in 1995. For up-to-date information, including how you can help, please visit the Western Shoshone Defense Project's website at www.wsdp.org/.

How America Handles Indian Money

The following is an excerpt from my essay "What Happened to the Nation's conscience?" (home.earthlink.net/~phil-duran)

The U.S. government cannot account for billions of dollars belonging to approximately 500,000 American Indians and their heirs that have been held in trust since the 1880s. The Cobell v. Norton case (http://www.indiantrust.com/) is a class-action lawsuit that was filed to hold the government accountable. The overview page on Elouise Cobell’s Website summarizes the case as follows:

“Thousands of individual Indians generally were allotted beneficial ownership of 80- to 160-acre parcels of land in the break-up. As trustee, the government took legal title to the parcels, established an Individual Indian Trust and thereby assumed full responsibility for management of the trust lands. That included the duty to collect and disburse to the Indians any revenues generated by mining, oil and gas extraction, timber operations, grazing or similar activities.”

The government has admitted collecting at least $13 billion from Individual Indian Trust lands but doesn’t know what happened to the money or the compound interest earned over generations. Senator Ben Nighthorse Campbell, R-Col., the only American Indian in Congress, has depicted the government’s treatment as follows:

“Imagine if you went to your bank to withdraw money, but the teller did not know your account balance and could find no evidence your account ever existed. You ask about deposits made from the receipts from rental property you own and the bank teller has no idea [i]f those payments are being made. When you complain to the bank manager, he says he cannot help. Then you find out the bank doesn't keep account documents in file cabinets; it keeps them in plastic garbage bags or stacked exposed in leaky, rat-infested buildings. In fact, one warehouse is so overrun with rats that the bank employees will not go inside for fear of catching the Hantavirus. Certainly you would go straight to the federal authorities that oversee the banking industry, there would be an immediate and thorough investigation and the bank's executives would face several penalties, perhaps even jail time.”

According to Senator Campbell, on the very day the government attorneys were assuring a federal judge that all necessary steps were being taken to preserve all relevant documents in the ongoing class action, the U.S. Treasury Department destroyed 162 boxes of documents that may have contained the evidence needed to determine how much money the United States owes.

“Both in court and before the Congress, the Interior Department has resisted any outside independent review, has stonewalled, been held in contempt for making repeated misrepresentations to the court and has adopted a ‘fight every issue’ strategy” (Campbell).

U.S. District Judge Royce Lamberth declared the conduct of federal officials “fiscal and governmental irresponsibility in its purest form,” in view of the mismanagement, fraud, ineptness, dishonesty and delay.

Cobell v. Norton is one legal case among many that could be cited, not to mention the many broken treaties, represents a continuing attitude of the federal government. It should bother the American conscience.

Considering the commandments and other Biblical admonitions against such acts and attitudes by individuals and nations toward oppressed peoples, what is the Christian response?

After spending more than four decades in Christian circles and concentrating my efforts during the past 10 years in trying to raise awareness on issues and developments in Indian country, why do I find a general disinterest among church leaders and members?

Tuesday, December 14, 2004

Bush Administration Knowingly Cheated Indians

Special Report
Fraud in New Mexico
By Scott Patterson
Published: December 3, 2004
full story at http://www.smartmoney.com/onthestreet/index.cfm?Story=20041203

An investigation by SmartMoney.com has found that officials in the Bushadministration had detailed knowledge of fraudulent practices that allowedenergy companies to cheat impoverished Native American Indians out of vastsums over dozens of years. These officials were aware that employees of thefederal government were helping oil and gas companies underpay to operateon Indian lands in the state of New Mexico — and did nothing to stop it.This is the first in a two-part series.

Special Report
An Ugly History
By Scott Patterson
Published: December 7, 2004
Full story at http://www.smartmoney.com/onthestreet/index.cfm?story=20041207

An investigation by SmartMoney.com has found that officials in the Bushadministration had detailed knowledge of fraudulent practices that allowedenergy companies to cheat Native American Indians out of tens of millionsof dollars over dozens of years. These officials were aware that employeesof the federal government were helping oil and gas companies underpay tooperate on Indian lands in the state of New Mexico — and did nothing tostop it. This is the second article of a two-part series.