International Indian Treaty Council

     CONSEJO INTERNACIONAL DE TRATADOS INDIOS

“WORKING FOR THE RIGHTS AND RECOGNITION OF INDIGENOUS PEOPLES"
    

 


 

 

 

 

Dear friends,

The Western Shoshone are asking to protest new attempts by Nevada politicians
to get through with the money distribution bill and some WS ranchers also
received Notices of Intent to Impound their livestock. (see info below).

I shortened the long list of Fax-No and would recommend first of all the 2
Caucuses, especially Kucinich will be supportive and of the Democrats those who
have been supportive in the past, like Tom Udall and George Miller.

Please ask them to support the Western Shoshone against the money distribution
Bill, because a majority wants to stick to their land.

Sincerely
Renate


House Resources Committee  Fax Numbers
General Phone – (202) 225-2761
General Fax – (202) 225-5929

Black Caucus
John Lewis (GA) 202-225-0351

Progressive Caucus
Dennis Kucinich (OH) 202-225-5745

Democrats
Dale E. Kildee (MI)  202-225-3611
Eni F.H. Faleomavaega (AS)  202-225-8757
Neil Abercombie (HI)  202-225-4580
Tom Udall (NM)  202-226-1331
Mark Udall (CO)  202-226-7840
George Miller (CA)  202-225-5609
Joe Baca (CA)  202-225-8671

Republicans
Richard Pombo (CA)  202-226-0861
George P. Radanovich (CA)  202-225-3402
Chris Cannon (UT)  202-225-5629
Rob Bishop (UT)  202-225-5857


Dear friends,

 

The Distribution Bill is on the move again.  On April 28, 2004, Congressman
Gibbons sent a request to Chairman Richard Pombo seeking ways to streamline the
bill through the House of Representatives. The complete text of Gibbons’ letter
is set forth below.  This push is being made at the same time that Gibbons’ is
sponsoring other legislation, HR 2869 and HR 2772, which would open up Shoshone
lands to privatization by multinational mining companies and massive geothermal
energy development with no provision for Western Shoshone interests or
concerns.  Additionally, in the last 2 weeks, Notices of Intent to Impound
livestock have again been received by Western Shoshone grandfather Robert
Healy, Sr. of Odger’s Ranch, Western Shoshone grandmothers Mary and Carrie Dann
and other Western Shoshone ranchers.

If you want to express your thoughts or concerns, a list of fax numbers for
House Committee on Resources members and contacts for Black Caucus and
Progressive Caucus are attached with a reference sheet on the Distribution
Bill.  A copy of a letter sent by one concerned Shoshone community is included
below for your reference.

If anyone has contacts to John Kerry’s campaign people, please let us know or
contact them directly and let us know the results – it’s about time the
candidates starting addressing their position on this issue.


TEXT OF LETTER SENT BY GIBBONS TO CHAIRMAN POMBO:

Dear Chairman Pombo,
First, thank you for holding a hearing and mark-up on H.R. 884, the Western
Shoshone Claims Distribution Act.  As you know, this legislation is very
important to the Western Shoshone tribes in Nevada since this issue has been
pending for over three decades.  During this time, many members of the tribe
have passed away without ever seeing the benefits of their money.

In the spirit of bipartisan cooperation, I am requesting that Senator Harry
Reid’s version of this legislation (S 618), which passed the Senate under
Unanimous Consent, be brought to the House Floor under Unanimous Consent.  If
this agreement cannot be made, please consider allowing S 618 to go to the
House Floor by way of a Rule.

Thank you for your consideration of this request.  Please do not hesitate to
contact me or Sandra Keil of my staff at 225-6155 if you need additional
information.

Sincerely,
Jim Gibbons, Member of Congress

CC:  Ranking Member Nick Rahall


LETTER SENT by Western Shoshone Communities

Dear House Resources Committee Member,
On April 28, 2004, Congressman Gibbons sent this letter to Resources Committee
Chair Pombo. Gibbons requests that Senator Reid’s version of H.R. 884 (S.618)
be brought to the House Floor under Unanimous Consent. If that is not possible,
Gibbons requests that S.618 go to the House Floor by way of a Rule. Gibbons
appears to be covertly amending the bill already reported out of the House
Resources Committee. During the Resources Committee hearing on H.R. 884,
Congressman Gibbons engaged in a dialog with Congressman Tom Udall in which
Gibbons stated he would assist the Western Shoshone in resolving their land
issues. The very day this letter was sent to Pombo’s office, a Western Shoshone
Delegation met with Gibbons’ office to request follow up on Gibbons’
statements. Gibbons’ office did not inform the delegation of the letter.
Members of that delegation were:

Jerrill Johns, Chairman, Yomba Shoshone Tribe
Hugh Stevens, Chairman, Te-Moak Tribe of Western Shoshone (largest population
base)
Thomas Wasson, Chairman, Winnemucca Indian Colony
Carrie Dann, Western Shoshone National Council
Joe Kennedy, Timbisha Shoshone

Congressman Gibbons did not consult existing tribal or traditional leadership.
A majority of the Western Shoshone federally-recognized tribal councils and all
traditional Western Shoshone oppose the bill because it does not provide a
process whereby the Western Shoshone can secure a culturally and economically
viable landbase. The Distribution Bill, in combination with H.R. 2772 (a bill
to open “public” lands to expansion of Geothermal energy development, a
majority of which fall within Shoshone territory) and H.R. 2869 (a bill to open
certain lands – all within Shoshone territory -- to purchase by mining
companies), appears to have the impact of “paying off” the Shoshone and selling
their lands to mining and geothermal interests without including the Western
Shoshone in the process.

It is crucial that you oppose this bill because it does not accurately reflect
the will of the Western Shoshone Nation. Thank you for your support.
The Western Shoshone Distribution Bill  - H.R. 884/S 618

 

Key Points:

 

HR 884/S 618 is an attempt to legitimize the theft of Western Shoshone lands
and to initiate massive corporate giveaways of the land and its resources. 

 

This bill distributes money awarded for an alleged extinguishment of
title to 24 million acres of land, the vast majority of which is currently
classified as “public” lands.  The issue of title to the land and accounting
for resource extraction is the subject matter of current litigation, Western
Shoshone v. U.S., 03-CV-2009, U.S. District Court, D.C.

 

This bill would 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.  The stage is already being set for corporate
giveaways and largescale privatization of the lands.  For example: H.R. 2869
would work to give away Western Shoshone lands to major mining interests 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 Reid’s office has drafted the
Northern Nevada Public Lands Management Act which creates a process for large
scale privatization of the same lands.

 

The land produces 2/3 the gold 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.   

 

In a November 2003 letter sent to Secretary of Interior Gale Norton,
Congressman Grijalva (AZ) raised 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
.

 

Western Shoshone people oppose HR 884/S 618.

 

A majority of the tribal councils and all of the traditional Western
Shoshone oppose the distribution of money until the resolution of the land
issues.

 

In 1980, at the formal Hearing of Record, the claims money was rejected
because the U.S. could not demonstrate how it had legally acquired title to the
land. Since that time, there has never been any vote of the Western Shoshone on
the bill.  The straw poll ballot referenced by Congressman Gibbons and Senator
Reid was never authorized or certified by any Western Shoshone government.
Despite a request by Congressman Tom Udall (NM), Interior has failed to provide
any documentation of its statements that a “majority” of people are in favor of
the bill.

 

HR 884/S 618 fundamentally violates human rights of the Western Shoshone.

 

The Western Shoshone have never received a hearing on the issue of title.
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 Interior’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 of the
Inter-American Commission.

 

The 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.)

 

What the Western Shoshone Nation is asking for is reasonable.

 

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 corporations and land developers.

 

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