WASHINGTON
- Congress poised itself to strike down an icon of modern
Indian resistance to state power during the last week of
May, but stayed its hand after an outpouring of support for
the Western Shoshone.
Rep.
James Gibbons, R-Nev., scheduled the Western Shoshone
Distribution Bill for a vote in the House of Representatives
June 1. According to opponents of the bill, Capitol Hill
staffers report that with the Senate in recess the week
before Memorial Day, Gibbons’ fellow Nevadan, Sen. Harry
Reid, a Democrat, lobbied House Democrats to pass H.R. 884.
It happens to be identical to S. 618, the Western Shoshone
Distribution Bill sponsored by Reid and passed in the Senate
by unanimous consent. If the House bill were to pass, it
would go directly to President Bush, whose signature would
enact it into law. With that, any willing Western Shoshone
tribal member would be able to collect a share of an
approximate $135 million settlement assigned the tribe by
the Indian Claims Commission for lands identified in the
Ruby Valley Treaty of 1863.
The
sum reflects the principal and interest on monies assigned
in 1979, but never accepted by the tribe. Acceptance of an
ICC award extinguishes any land title claims. The Ruby
Valley Treaty covers some 24 million acres in Nevada, Utah,
California and Idaho. Most of the land is currently
classified as public land, though the Western Shoshone
maintain their title is intact.
Opponents
of a distribution contacted congressional offices in force
once H.R. 884 appeared on the congressional voting schedule.
Before voting commenced on the evening of June 1, Gibbons
withdrew H.R. 884 from the docket. No reason for the delay
could be ascertained, and Gibbons’ office did not
immediately return a telephone message. But the bill could
appear again with little notice, according to Natalie Luna,
a spokesperson on the House Resources Committee staff of
Rep. Raul Grijalva, D-Ariz., an outspoken foe of the
distribution bill. Luna gave the status of the bill as
"day to day."
She
added that Grijalva has concluded, from the response to a
series of questions he sent the Interior Department (which
holds the Ruby Valley lands in trust for the Western
Shoshone), that the distribution bill is a way of seizing
resources.
Those
resources include gold, water, and geothermal energy.
Multinational mining companies are standing by to operate
within the Ruby Valley lands through
"privatization" bills brought forward by Gibbons.
Gibbons and Reid are among Congress’ leading recipients of
mining company contributions.
In
addition, President Bush has designated Yucca Mountain, a
site within the Ruby Valley lands, as the nation’s nuclear
waste repository.
The
Western Shoshone have never ceded their ancestral lands. The
Ruby Valley Treaty of 1863 provided only rights-of-way to
U.S. settlers, mostly miners, as they passed through all of
24 million acres, mined for silver and gold and set up
encampments.
Almost
a century later, the Indian Claims Commission identified a
"gradual encroachment" of non-Indians on Ruby
Valley lands as the basis for declaring a land cession by
the Western Shoshone. One of the many criticisms against the
ICC (now known as the U.S. Court of Federal Claims) is that
it had no organizational infrastructure or authority to
enforce due process in arriving at its decisions.
The
commission proceeded to identify eight claimants (but no
tribal government among them) and, at the prodding of
attorneys the tribe eventually fired, proclaim $27 million
due the Western Shoshone. The figure was based on valuation
current as of 1872 - 15 cents an acre - and included no
interest on the loss over time. Interest on the $27 million
assigned in 1979 has inflated the sum to the current $135
million.
But
several groups of Western Shoshone, including most of the
nation’s multiple tribal governments, deny that they ceded
any land, and reject the payment for fear it would
extinguish land title. Because the Interior Department, the
U.S. trustee delegate for the tribe, however, accepted the
ICC settlement in the name of the Western Shoshone, the
tribe has been prevented from litigating its claim to land
title in court.
The
Inter-American Commission on Human Rights, a working group
of the Organization of American States, recently agreed that
Western Shoshone landowners have not received due process of
law. The United States is a member of the OAS, but the
organization cannot enforce its recommendations. So far the
Bush administration has ignored its findings on the Western
Shoshone.
Carrie
Dann, along with her sister Mary one of the leading voices
for justice to the Western Shoshone, issued a statement June
1 that reads in part:
"I
do not believe democracy should ever consider ‘taken’ as
a way to obtain people’s land. The United States
Constitution set up a procedure on how lands can be obtained
by the United States. Not one of the steps was adhered to by
the United States in its decision to ‘take’ Western
Shoshone lands. All the actions taken by the United States
have been lawless and unconstitutional …
"…
When the acts of the United States violate the human rights
of its own people, those acts should not be taken."