Western Shoshone
Case Shames U.S.
Indian
Country Today
30 September 2003
In the
midst of mounting gains across Indian country, particularly on
the east and west coasts, it is still not hard to find horrible
cases of big government abuse, particularly among the struggling
Western tribes.
Relentlessly,
as precursor to a lucrative privatization of Nevada lands,
including coveted gold deposits, the federal bureaucracy has
declared war on one of those outposts of traditional Indian life
and culture, targeting in particular the incredibly decent and
sincere elder Indian ranchers, Mary and Carrie Dann.
The
hardy Western Shoshone sisters are folk heroes to horse people
everywhere and of course, to Native activists everywhere, who
value the path of standing up for what is right against powerful
forces. The sisters are the type of Indian elders who stand for
something sacred and something practical: the traditional
position that Western Shoshone people never agreed to give up
title to their traditional holdings, as defined in the Treaty of
Ruby Valley of 1863. The Dann sisters claim the right to graze
their herds of horses in lands that they consider treaty lands
of their Shoshone people. They have raised healthy horses for
generations.
The
Bureau of Land Management and Interior Department have targeted
the Dann sisters and other Western Shoshone horse and cattle
ranchers for diminishment and extinction. A major battle over
the use of grazing lands has ensued. Confiscation of horses -
very controversial and ultimately costing the lives of some 50
mares and foals - was the move this past spring. Cattle have
been confiscated and traditional Indian ranchers nearly put out
of business. For years fines of nearly three million dollars
have accumulated as the Indian ranchers contend for the use of
their own land to graze their animals. The Bush administration
bases its harsh actions, where other possibilities offer
themselves, on a Supreme Court decision that assumed Western
Shoshone title extinguished, though it never was relinquished by
the tribe. The myth holds that title transferred when gradual
encroachment by settlers usurped Indian rights to the land. This
legal "sleight of hand" is worth contesting for the
corrupted justification that it is, but at core in this case is
the much valued Indian pride in the use of their ancestral land.
This is the force that drives the Danns and other Western
Shoshone to continue to struggle against very large odds. For
this reason alone, they are worth supporting, even if others
among the Western Shoshone population are willing to accept a
paltry final cash settlement for their lands. Meanwhile,
economic interests in the state salivate at the mere thought of
open access to the vast Western Shoshone wealth.
Most
people will agree, even those who would settle the land claim
with money payouts, that the Western Shoshone never ceded the
lands in question. A hemispheric commission at the Organization
of American States rebuked the U.S. in this case. It urged
reconsideration on the taking of Indian lands under such a
might-makes-right policy. Traditional Western Shoshone leaders
have sought to inform Congress and make a clear defense of their
Treaty of Ruby Valley. But to little avail.
Over
the past few months, the BLM has pressed its might and
confiscated hundreds of horses. At the time of the armed and
dangerous confiscation of the several hundred Dann Ranch horses,
the BLM claimed to be saving the horses from starvation and
death on a drought-stricken range. But after the stress and over
stimulation of the federal round up in late August came word of
the death of some 50 mares with foals, some starved, others
trampled to death in pens too small for their numbers. The news
has upset the horse community and the many supporters of the
Dann sisters decry the huge injustice of such a treatment.
Now
comes further word in what is likely an even more troubling
shift in the BLM’s stance toward the Danns and other Western
Shoshones. There are serious signs that BLM directors are ready
to criminalize the tribal elders and ranchers, throw the book at
them, as it were.
As
Steve Newcomb, Indigenous Law research coordinator at D-Q
University at Sycuan and Indian Country Today columnist, has
eloquently documented in these pages, plenty of shenanigans
accompany the intense pressure of the past two years to quiet
Western Shoshone land claims forever. To view the U.S. treatment
of the Western Shoshones at this time is to witness how harshly
and unfairly the loss of Indian assets has been throughout
history. It stands as a living textbook example of the theft of
billions upon billions of dollars of American Indian assets,
complete with all the necessary plot conventions any swindle of
this magnitude requires. The United States can be a hospitable
and fair sovereign but it can also be blind when ruthless
behavior and greed results in the dispossession of tribes. This
is neither fair nor honorable. Too often, documents Newcomb, the
well heeled and the corporations end up with land and resources
worth billions, while the Indians end up "with a
pittance." Newcomb points out how the powerful forces that
most ardently advocate for a final settlement over Western
Shoshone lands are precisely in the company of those who would
profit most from the quieting of Indian title. Writes Newcomb,
"The traditional Western Shoshones contend that Senator
Reid is attempting to remove any Indian title-cloud from their
homelands so that he can privatize those lands for wealthy real
estate developers and mining companies, and so vast Shoshone
water resources can also be privatized."
We
honor Steve Newcomb for his insights and powerful pen on this
and other subjects. Steve’s prolific and insightful research
takes on the powerful and reveals the injustices brought forth
against Native peoples by the legal doctrines and political
processes that have unfairly stolen Indian properties and
disrupted Indian communities and families. His superb work on
the Western Shoshone case, which remains incontrovertible,
reveals shoddy official behavior at many levels. It behooves
everyone to let the BLM and the Interior Department know that
nothing is gained by making criminals out of Indian elders who
should be respected in their issues. Indian country needs Indian
elders and leaders like Carrie and Mary Dann - steadfast
traditionalists who stand firm for their beliefs and who are not
dissuaded from the truth.
We
extend our utmost respect to Carrie and Mary Dann. May you yet
find a peaceful way to graze your cattle and horses on your
Western Shoshone homelands.
Reprinted
as an historical reference document under the Fair Use doctrine
of international copyright law. http://www4.law.cornell.edu/uscode/17/107.html
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