UN
Observer and International Report
Received 21 June 2004
Despite
an outpouring of support for the Western Shoshone and a
national outcry for a good faith resolution of the land
and treaty issues, Congress, their corporate cronies and
the White House are at it again…
The
highly controversial Western Shoshone Distribution Bill
(S 618/HR 884) is on the House Suspension calendar AGAIN
for Monday, June 21, 2004, voting begins at 6:30 p.m.
Only representatives present and voting count.
What’s
changed since June 1 when the Western Shoshone tribal
councils and traditional people supported by thousands
across the country cried out in opposition to the
legislation?
NOTHING
– except White House staffer Jennifer Farley has
reportedly called the bill “red hot” and that
President Bush will not use his veto power to stop it;
Senator Reid has sent a personal communication to House
Democrats begging for their support to pass the bill,
and local press announcements show the gearing up of “public”
land sales across the State of Nevada.
So
why expend such huge quantities of political capital to
pass this bill? That’s the question we should all be
asking.
Where
does your representative stand on the issue? Will they
be present on the floor and will they vote and make a
statement on the record? Below is a recent press release
for your reference and a Fact v. Fiction sheet.
If
you want to express comments/concerns, Contact your
local Representatives (House number: 202-224-3121), http://www.house.gov
and the following:
Speaker
of the House: J. Dennis Hastert - 202-225-0600 Majority
Leader: Tom DeLay - 202-225-4000
Democratic
National Committee - 202-863-8000 (Why isn’t this a
national campaign issue?)
Republican
National Committee - 202-863-8500 (Why isn’t this a
national campaign issue?)
Progressive
Caucus 1730 Longworth HOB Washington, DC 20515
Congressman
Dennis J. Kucinich Progressive Caucus Chair www.house.gov/kucinich/info/contact.htm
Fax: 202-225-5745
Congresswoman
Barbara Lee Progressive Caucus Co-Chair barbara.lee@us.house.gov
Fax: 202-225-9817
(The
Progressive Caucus could take a stand against the bill.)
Congressman
Elijah E. Cummings Black Caucus Chair 1632 Longworth HOB
Washington, DC 20515 Fax: 202-225-3178 (The Black Caucus
could take a stand against the bill.)
Congressman
John Lewis Black Caucus 34 Cannon HOB Washington, D.C.
20515 Fax: 202-225-0351 (The Black Caucus could take a
stand against the bill.)
And
anyone else you may think could be persuasive in this
issue.
Thank
you for your continued support – what affects the
native/indigenous peoples affects us all.
Western
Shoshone Defense Project, P.O. Box 211308, Crescent
Valley, NV 89821 775-468-0230, http://www.wsdp.org
Press
Release Western Shoshone Payment Bill Could Be Voted On
In House Today – Tens of Millions of Acres of “Public”
Lands in the West Potentially Affected
June
1, 2004, Crescent Valley, NV. The Western Shoshone
Distribution Bill (S 618/HR 884), a legislative measure
designed to distribute monies for alleged extinguishment
of Western Shoshone land title, has been placed on today’s
House Suspension calendar in its Senate version. Voting
on suspension calendar items begins at 6:30 pm this
evening. If passed and signed by the President, the bill
will represent the largest Indian land theft in modern
history. The Senate version is sponsored by Senator
Harry Reid from Nevada. The land base affected is tens
of millions of acres of land throughout Nevada, Idaho,
Utah and California, approximately 90% of which is
classified as “public” lands. The Western Shoshone
Nation has maintained its assertion that its title to
the land is intact according to the 1863 Treaty of Ruby
Valley and filed a lawsuit against the United States
last fall, Western Shoshone v. U.S., Case No.
03-CV-2009, U.S. District Court, D.C. Despite the filing
of the lawsuit, formal Western Shoshone tribal council
resolutions opposing the bill, and ongoing protests by
Western Shoshone people, Senator Reid continues to move
the bill forward – now inserting his version of the
bill into the House.
Concerns
regarding the impacts of this alleged payment – to
Native and non-Native alike – abound. Briefly, follow
the money:
·
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 the 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 Nevada 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 Gibbons’ bill, HR
2772, would open up the 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 nation’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,
Wackenhut 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.
And
the Western Shoshone?
·
The Western Shoshone people (“Newe”) have lived on
this land for thousands of years – their creation
stories stem from the mountains where their ancestors
lay buried. The waters, the plants, the other living
beings and the earth itself all hold special meaning to
the Newe. 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.
For
more information please call WSDP –
775-468-0230,http://www.wsdp.org .
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 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 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 Reid’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.
Western
Shoshone Defense Project P.O. Box 211308 Crescent
Valley, NV 89821 (775) 468-0230 Fax: (775) 468-0237 http://www.wsdp.org
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