[Senate Hearing 107-763]
[From the U.S. Government Publishing Office]
S. Hrg. 107-763
WESTERN SHOSHONE CLAIMS DISTRIBUTION ACT
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
SECOND SESSION
ON
S. 958
TO PROVIDE FOR THE USE AND DISTRIBUTION OF THE FUNDS AWARDED TO THE
WESTERN SHOSHONE IDENTIFIABLE GROUP UNDER
INDIAN CLAIMS COMMISSION DOCKET NUMBERS 326-A-1, 326-A-3, 326-K
----------
AUGUST 2, 2002
WASHINGTON, DC
WESTERN SHOSHONE CLAIMS DISTRIBUTION ACT
82-885 U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2003
____________________________________________________________________________
For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpr.gov Phone: toll free (866) 512-1800; (202) 512�091800
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S. Hrg. 107-763
WESTERN SHOSHONE CLAIMS DISTRIBUTION ACT
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
SECOND SESSION
ON
S. 958
TO PROVIDE FOR THE USE AND DISTRIBUTION OF THE FUNDS AWARDED TO THE
WESTERN SHOSHONE IDENTIFIABLE GROUP UNDER
INDIAN CLAIMS COMMISSION DOCKET NUMBERS 326-A-1, 326-A-3, 326-K
__________
AUGUST 2, 2002
WASHINGTON, DC
COMMITTEE ON INDIAN AFFAIRS
DANIEL K. INOUYE, Hawaii, Chairman
BEN NIGHTHORSE CAMPBELL, Colorado, Vice Chairman
KENT CONRAD, North Dakota FRANK MURKOWSKI, Alaska
HARRY REID, Nevada JOHN McCAIN, Arizona,
DANIEL K. AKAKA, Hawaii PETE V. DOMENICI, New Mexico
PAUL WELLSTONE, Minnesota CRAIG THOMAS, Wyoming
BYRON L. DORGAN, North Dakota ORRIN G. HATCH, Utah
TIM JOHNSON, South Dakota JAMES M. INHOFE, Oklahoma
MARIA CANTWELL, Washington
Patricia M. Zell, Majority Staff Director/Chief Counsel
Paul Moorehead, Minority Staff Director/Chief Counsel
(ii)
C O N T E N T S
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Page
S. 958, text of.................................................. 2
Statements:
Ike, Felix, chairman, Te-Moak Tribe Council Elko, NV......... 18
Inouye, Hon. Daniel K., U.S. Senator from Hawaii, chairman,
Committee on Indian Affairs................................ 1
Johnny, Willie, chairman, Wells Indian Colony Band Council,
Wells, NV.................................................. 20
McCaleb, Neal, assistant secretary, BIA, Department of the
Interior................................................... 13
Reid, Hon. Harry, U.S. Senator from Nevada................... 12
Stewart, Nancy, on behlf of the Western Shoshone Claims
Distribution Steering Committee, Fallon, NV................ 21
West, Daisy, BIA Branch of Tribal Government Services........ 15
Appendix
Prepared statements:
Abe, Jody A., member, Te-Moak Tribe of Western Shoshone (with
attachment)................................................ 86
Bill, Larson, chairman, South Fork Band Council, South Fork
Indian Reservation (with attachments)...................... 89
Birchum Jr., Calvin C., member, Walker River Tribe, Schurz,
NV......................................................... 104
Bobb, Bonnie Eberhardt, director, Office of Environmental
Protection for Yomba Shoshone Tribe........................ 28
Charles, Winona, chairperson, Western Shoshone Claims
Committee of Duck Valley Owyhee, NV........................ 29
Dann, Carrie, on behalf of the Dann Band of Western Shoshone
Indians.................................................... 108
Darrough, Ken................................................ 118
Durham, Paul M., attorney, Western Shoshone.................. 123
George, April T.............................................. 30
Green, Larry................................................. 30
Hooper, Glenn (with attachments)............................. 132
Iverson, Nevada, member, Fallon Shoshone Claims Distribution
Committee (with attachments)............................... 140
Ike, Felix (with attachments)................................ 33
Johnny, Willie (with attachments)............................ 40
Knight, Stanford, chairman, Battle Mountain Band (with
attachments)............................................... 161
Manning, Larry M., descendant, Western Shoshone (with
attachments)............................................... 186
McCaleb, Neal................................................ 27
McCloud, Mary (with attachments)............................. 210
Millett, Jerry, vice chairman, Duckwater Shoshone Tribe (with
attachments)............................................... 219
Patterson, Marjorie, Western Shoshone of the Timbisha Band... 233
Piffero, Larry, cochairman, Western Shoshone Claims Committee
(with attachments)......................................... 236
Piffero, Lita (with attachments)............................. 242
Prior, Kyle, vice chairman, Western Shoshone Claims
Committee, Duck Valley, Owyhee, NV (with attachments)...... 247
Robison, Betty, tribal member, Duckwater Shoshone Tribe (with
attachments)............................................... 254
Stevens, Fermina, chairperson, Elko Band Council, Elko, NV... 274
Stewart, Nancy (with attachments)............................ 69
St. Clair, John, enrolled member, Eastern Shoshone Tribe,
Wind River Indian Reservation.............................. 31
Walker River Paiute Tribe.................................... 277
Yowell, Raymond D., chief, Western Shoshone National Council
(with attachments)......................................... 282
Additional material submitted for the record:
Comments, Letters, Resolutions............................... 323
Constructive Conquest in the Courts, a legal history of the
Western Shoshone Lands Struggle, John D. O'Connell......... 523
Western Shoshone Nation Land Rights Issue Summary, Thomas E.
Luebben.................................................... 601
Draft Legislative Proposal, Yomba Shoshone Indian Land
Restoration Act............................................ 606
Yomba Shoshone Indian Land Restoration Act, Legislative
Justification.............................................. 631
Yomba Shoshone Indian Land Restoration Act, Appendices To
Legislative Justification.................................. 680
WESTERN SHOSHONE CLAIMS DISTRIBUTION ACT
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FRIDAY, AUGUST 2, 2002
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The committee met, pursuant to notice, at 2:05 p.m. in room
106, Senate Dirksen Building, Hon. Daniel K. Inouye (chairman
of the committee) presiding.
Present: Senators Inouye and Reid.
STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM HAWAII,
CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS
The Chairman. The first order of business is to close
yesterday's hearing on Native American youth. Now, that hearing
is adjourned.
This afternoon the committee meets to receive testimony on
S. 958, the Western Shoshone Claims Distribution Act.
There is a long history of events that provides the
background and text for the measure that is before us today.
Judging from the volume of mail that the committee has received
on this matter, I presume there is some controversy.
There are many who have called upon the committee for an
opportunity to provide their views to the committee on this
measure and so as chairman of the committee, in order to make
certain that all interested persons would be properly
accommodated, the hearing record will be kept open until the
Senate returns to duty in September.
I can assure one and all that your written statements will
be read very carefully and studied by me and your written
testimony will be a part of the hearing record and therefore
form a part of the legislative history of this act.
[Text of S. 958 follows:]
The Chairman. Senator Reid.
STATEMENT OF HON. HARRY REID, U.S. SENATOR FROM NEVADA
Senator Reid. You're absolutely right, this has been an
issue going on for some time. The hearing is on a bill to
provide for the use and distribution of funds awarded to the
Western Shoshone under Indian Claims Commission Docket numbers
such and such, a long list of numbers.
We have had two separate elections to determine how the
eligible Native Americans wanted the money distributed and on
both occasions, far over 90 percent voted to have the money
distributed.
I want to make sure everyone understands that I believe and
I think most would agree if there's other issues that any of
the Shoshones in Nevada feel they have been aggrieved and need
some realignment of their boundaries of the land they are on or
anything like that, legislatively I know this committee would
be happy to take a look at that.
I have some significant concern that we have thousands of
Native Americans in Nevada that feel this money should be
distributed. The money is now about $135 million, a lot of
money. There are some who feel, and I certainly cannot
criticize how they feel. They have a right in this country we
live in to feel they have been aggrieved, that there should
have been things done in the past.
The problem we have is that there are courts of competent
jurisdiction, have listed these claims, and made certain
determinations and made certain determinations. That's why we
have this money to distribute to somebody sometime. I think it
should be now rather than later.
I reaffirm that if there are situations where we can help
this committee, I would be happy along with any other
committees of competent jurisdiction in the Senate to take a
look at this and listen to the grievances they have but I don't
think that should stand in the way of these people who
determined they want their money to get their money. Then we
can go on and look at whatever land problems they have which
some say have already been adjudicated in courts of competent
jurisdiction.
If there is legal authority or equity that determines that
isn't the case, knowing you and what this committee does, and I
certainly would weigh in any way I could, to see what help I
could be.
The Chairman. Thank you very much, sir.
Our first witness is supposed to be the Assistant Secretary
for Indian Affairs, Neal McCaleb. Is he here? If not, may I
call upon the second panel: the chairman of the Te-Moak Tribal
Council of Elko, NV, Felix Ike; the chairman of the Wells
Indian Colony Band Council of Wells, NV, Willie Johnny; and the
Western Shoshone Claims Distribution Steering Committee member,
Nancy Stewart.
Mr. Secretary, you're just in time, sir. As always, you are
welcome to our committee, sir. Secretary McCaleb.
STATEMENT OF NEAL A. McCALEB, ASSISTANT SECRETARY FOR INDIAN
AFFAIRS, DEPARTMENT OF THE INTERIOR
Mr. McCaleb. My apologies, Mr. Chairman. Not unlike the
rest of the story of my life, I was at the wrong place at the
at the right time.
I'm privileged to be able to address you this afternoon on
the Department's views of S. 958, a bill entitled the Western
Shoshone Claims Distribution Act. The distribution of Western
Shoshone judgment funds is a longstanding issue that needs to
be settled. The judgment funds stem from two claims that were
filed by the Te-Moak Tribe and Bands of Western Shoshone in the
Indian Claims Commission in 1951. One is an aboriginal land
claim that was concluded in 1979 in Docket No. 326-K for $26.1
million. The other is an accounting claim. Several issues in
the accounting claim were handled separately and resulted in
two awards. The first award in the accounting claim was for
$823,000 and Congress appropriated funds to pay that claim in
1992. The second award was for $29,000 and the funds were
appropriated in 1995 to pay the claim. The accounting claims
were in Docket Nos. 326-A-1 and 326-A-3.
Since 1980, numerous attempts have been made to reach
agreement on the disposition of the Western Shoshone judgment
funds. The most recent attempt in March 1998, was with the
Western Shoshone Steering Committee, composed of individuals
that are tribal members at various reservations in Nevada.
With the approval of the Te-Moak Tribal Council, the
Western Shoshone Steering Committee has worked over the past 4
years investigating if the Western Shoshone people were in
favor of a judgment fund distribution.
In 1980, the BIA held its first hearing of record on the
distribution of land claims judgment funds. A large segment of
the Western Shoshone people have indicated they are in favor of
the judgment fund distribution. In the meantime, it is
important to note that the tribal councils of the four
successor Western Shoshone tribes, the Te-Moak, Ely, Duckwater,
and Yomba have mostly opposed the distribution of the judgment
funds because they wanted the Western Shoshone aboriginal lands
returned.
Although the tribal governments were unanimous in their
opposition in the early 1990's, since 1997 three of the four
tribal councils have modified their position to support the
distribution of the judgment funds. The Te-moak Tribal Council
enacted Resolution 97-TM-10 on March 6, 1997 adopting a plan
for the distribution of these funds and requested the
Department to support it. That resolution was rescinded by the
next tribal council in the summer of 2000. The current tribal
council rescinded that action in January of this year and
reinstated the 1997 resolution.
The Duckwater Shoshone Tribal Council enacted Resolution
No. 98-D-12 on March 18, 1998, supporting the Western Shoshone
claims distribution proposal. On March 10, 1999, they enacted
Resolution No. 99-D-07 reaffirming the earlier resolution
supporting the Western Shoshone claims distribution proposal.
The Ely Tribal Council enacted Resolution No. 2001-EST-44
on October 9, 2001 supporting S. 958 and H.R. 2851.
We have been advised that the Yomba Tribal Council
continues to oppose the distribution. Several other tribes with
enrolled tribal members that would be eligible to share in the
judgment fund distribution under S. 958 have also enacted
resolutions supporting the distribution. These tribes are: Duck
Valley, Fallon, and Fort McDermitt. The Shoshone-Paiute Tribal
Business Council of Duck Valley withdrew its support of S. 958
by Resolution No. 2002-SPR-012, dated November 13, 2001.
However, the Western Shoshones of Duck Valley continue to
support the bill.
We support the enactment of S. 958 because we believe it
reflects the wishes of the vast majority of the Western
Shoshone people. We also are pleased that three of the four
successor tribes have expressed their support of the
distribution as well as two other tribes with a significant
number of tribal members of Western Shoshone descent.
Section 2 of S. 958 proposes to distribute the Western
Shoshone land claim funds that were awarded in Docket No. 326-
K, 100 percent per capita to approximately 6,500 individuals
who have at least one-quarter degree of Western Shoshone blood.
The current balance of this fund including interest is
$137,286,774. This section appears to be in accordance with the
wishes of the Western Shoshone people.
Section 3 proposes to use the principal portion of the
Western Shoshone accounting claims for non-expendable trust
funds. The interest and investment income would be available
for educational grants and other forms of educational
assistance to the individual Western Shoshone members that are
enrolled under section 2 of this act and their lineal
descendants.
The principal fund totals $754,136. The interest fund
totals $591,845. This section appears to be in accord with the
wishes of the Western Shoshone people also.
We understand that many of the beneficiaries of this treaty
continue to believe their rights under the treaty of the Ruby
Valley in this subsection acts as a savings clause for whatever
rights remain in effect. We are concerned that some tribes or
individuals may believe that Article 5 of the treaty land
provisions remain in effect.
To be safe, the clause should read:
Receipt of a share of the funds under this subsection shall
not alter any treaty rights or the final decisions of the
Federal courts regarding those rights pursuant to the 1863
Treaty of Ruby Valley.
Senator Reid. Would you read that again, please?
Mr. McCaleb. To be safe, the clause should read, ``receipt
of a share of the funds under this subsection shall not alter
any treaty rights''--that's basically what it says right now
and we add--``or the final decisions of the Federal courts
regarding those rights''--that's what we've added, our final
decisions by the court for clarity, that this in no way
modifies the court decisions.
Senator Reid. You're saying the language says that now but
you think it should be clarified?
Mr. McCaleb. No; I don't have the bill in front of me. It's
my understanding the language does not make reference to the
Federal courts decisions.
Senator Reid. And you would add ``or the final decisions of
the Federal courts''?
Mr. McCaleb. Yes; right now it just says receipt of the
funds under this subsection shall not alter any treaty rights
and it doesn't, but the issue as it relates to the land, those
treaty rights have been extinguished by the Federal court and
the Supreme Court decision, in our judgment.
This concludes my prepared statement. We are submitting a
report to include in the record that gives the detailed history
of the Western Shoshone claims. I will be happy to answer any
questions.
Thank you, Mr. Chairman.
[Prepared statement of Mr. McCaleb appears in appendix.]
The Chairman. By your response are you suggesting that
article V of the Treaty of Ruby Valley is still in effect on
the matter of the land?
Mr. McCaleb. No; I'm hoping to make it clear that article V
of the treaty is not in effect as it relates to the land.
The Chairman. Does the Department believe from your
response that the Western Shoshone people have a claim to lands
under the treaty?
Mr. McCaleb. No.
The Chairman. Equitable claim?
Mr. McCaleb. No.
The Chairman. Mr. Secretary, as you have indicated, there
is much controversy.
Mr. McCaleb. Just 1 moment, Mr. Chairman. If I may, Mr.
Chairman, this is Daisy West who is the resident expert on this
subject.
The Chairman. Will you identify yourself?
STATEMENT OF DAISY WEST, BIA BRANCH OF TRIBAL GOVERNMENT
SERVICES
Ms. West. My name is Daisy West and I work in the Bureau of
Indian Affairs Branch of Tribal Government Services.
From the research that I have done on this, the Treaty of
Ruby Valley is a treaty of peace and friendship, not a treaty
that recognized aboriginal title or gave recognized title to
land in Western Shoshone country. This is an issue that was
addressed in a similar case in the 1930's with the Treaty of
Box Elder which is one of the five Shoshone treaties that was
negotiated by Commissioner Doughty back in 1863.
That case was originally brought under a special
jurisdiction act and, in that case, the Supreme Court held that
those treaties were not treaties of recognition of land. Since
they were not when they went to the Indian Claims Commission,
they could only determine aboriginal title. So the title was
never given under the Treaty of Ruby Valley.
The Chairman. Do you agree with the Secretary's statement
that the receipt of a share of the funds under this subsection
shall not alter any treaty rights or the final decisions of the
Federal courts regarding those rights pursuant to the 1863
Treaty of Ruby Valley?
Ms. West. I agree.
The Chairman. Then you also agree with the statement of the
Secretary that article V of the Treaty of Ruby Valley is not in
effect?
Ms. West. Right now I'm not sure what article V says. I
don't have a copy of the treaty with me.
The Chairman. It is on land.
Ms. West. And it describes the boundaries. My understanding
is that according to the case that was in Northwestern
Shoshone, that describes the land that was claimed by the
Shoshone, so I'm sure that since it wasn't a treaty of
recognition, nothing would change that, that is what they
claimed.
The Chairman. Is it your position that the Treaty of Ruby
Valley is still in force?
Ms. West. I would say that it is still in force.
The Chairman. Why don't you stay there and bring up the
Secretary also.
Mr. McCaleb. I think what I'm trying to convey is that
there is an impression that the Treaty of Ruby Valley under
Section V retains some legal claim to land rights. The vote
that was held seems to indicate it reserves those rights. The
point I'm trying to make is our opinion, the opinion of the
Department, that no land rights still reside in the treaty as a
result of the court decisions.
The Chairman. You speak of the referenda. I presume that
the Department of the Interior was involved?
Mr. McCaleb. No; we were not.
The Chairman. You did not supervise the referendum?
Mr. McCaleb. That's correct.
The Chairman. Were you notified of it?
Ms. West. We were aware of it occurring. We were notified
of the date that it would occur.
The Chairman. You were notified after the conclusion of the
referendum?
Ms. West. We were notified first of the date it would be
held which was June 3 and we were also notified of the results
after the election count had been certified.
The Chairman. When you were notified of the referendum, did
you take steps to involve yourself?
Ms. West. No; I'm not sure what that means.
The Chairman. To monitor the referendum?
Ms. West. No; no one attended from the Bureau of Indian
Affairs [BIA] in their capacity as a Bureau official.
The Chairman. Is that the usual practice?
Ms. West. We considered this an internal Shoshone matter,
one they had not requested our assistance for.
The Chairman. You stated that the results of the referenda
were certified. Who certified them?
Ms. West. I'm thinking that it was the Western Shoshone
Claims Committee.
The Chairman. It's not certified by the Department?
Ms. West. No.
The Chairman. Mr. Secretary, do you have any views on the
findings of the preliminary report of the Inter-American
Commission?
Mr. McCaleb. Yes; I do, relative to their observation that
there has been a violation of the rights of the Dann family.
The position of the United States, as well as the Department,
is the Commission's report is in error for several reasons. No.
1, the Danns' contentions regarding the alleged lack of due
process in the Indian Claims Commission proceedings were fully
and fairly litigated in the United States courts and should not
be reconsidered here. No. 2, the Commission lacks jurisdiction
to evaluate the process established under the 1946 Indian Land
Claims Commission Act since the act predates the U.S.
ratification of the OAS Charter. Three, the Commission erred in
interpreting the principles of the American Declaration in
light of article 18 of the not yet adopted OAS draft
Declaration of Indigenous Rights.
The Chairman. So you find the preliminary report to be in
error?
Mr. McCaleb. Correct.
The Chairman. You do not concur with it?
Mr. McCaleb. Yes, sir; that's correct.
The Chairman. What is the history of negotiations of your
department and the Western Shoshone with regard to the
settlement of land rights? You have had negotiations?
Mr. McCaleb. Yes; as early as 1980 and several times over
the 22 years intervening, including 1984 negotiations in which
we actually provided $240,000 to assist in the negotiations,
provide staff, and facilitated negotiations on the
distribution, and again in 1994 when Congress requested the
Department of the Interior to reopen negotiations on the
distribution. Along this process there have been numerous
indications of popular support for the distribution of these
funds on a per capita basis, the most recent being the election
I made reference to earlier.
The Chairman. But you have not reached a settlement yet?
Mr. McCaleb. There are members of the Western Shoshone
Tribe that do not think there should be a distribution of the
funds, they feel that additional distribution of the funds will
somehow adversely affect their land claims but according to the
vote they are in a substantial minority.
For your edification, I have the results of that vote if
you are interested in it. There were three issues. The first
was on the acceptance of the payment and the vote was 647 for,
156 against. On the next issue, the limiting of the
distribution to those members of the Western Shoshone Tribe who
are a quarter or more blood quantum, 1,601 for, 1,906 against.
On the third question, the use of the accounting funds for
educational purposes, 1,024 for and 769 against.
The Chairman. Thank you.
Do you have any questions?
Senator Reid. I have a couple.
Daisy, tell me what your job is at the Bureau?
Ms. West. My title is Tribal Relations Officer and I have
several different functions. One is to prepare judgment fund
distribution plans. In order to do that, I have to do
historical research on the tribes and the claims and work with
the tribes in developing the plan or, if necessary, in
developing the draft legislation.
Senator Reid. How long have you been with the Bureau?
Ms. West. I've been with the Bureau since 1972.
Senator Reid. What is your educational background?
Ms. West. Most of my education in this area has occurred on
the job. I graduated from high school and attended a number of
classes that were preparing me for a future in accounting.
Senator Reid. Thank you.
Mr. Secretary, what I've heard you say is that if this
money is distributed, whatever claims that exist, valid or
invalid, would not be extinguished as a result of these moneys
being distributed. Is that right?
Mr. McCaleb. That's correct.
Senator Reid. I have no further questions, Mr. Chairman.
The Chairman. Thank you very much, Mr. Secretary. If you
wish to leave, you may be excused.
Mr. McCaleb. Thank you. I appreciate that.
The Chairman. Now may I call upon the Honorable Chairman
Ike.
STATEMENT OF FELIX IKE, CHAIRMAN, TE-MOAK TRIBAL COUNCIL, ELKO,
NV
Mr. Ike. My name is Felix Ike. I am the chairman of the Te-
Moak Tribe of Western Shoshone Indians of Nevada. Te-Moak
represents the four Te-Moak Band communities of Elko, Battle
Mountain, South Fork, and Wells.
The Western Shoshone Nation once occupied a large area of
the western part of the United States, including parts of
Nevada, Idaho, California, and Utah. Our traditional way of
life was closely connected with nature. Our land was abundant
in resources, including springs, streams, rivers, snow covered
mountains, rich valleys, and even the desert areas which were
full of plant and animal life.
When the non-Indians came into our land, they depleted the
natural resources, destroyed our way of life and forced us to
adopt their ways. Of the vast territory that was once our
homeland, only a few colonies, ranches and reservations have
been set aside for our use. In the interest of future
generations, we need to expand our land base to support our
tribal population and provide a base from which we can develop
greater self sufficiency. It is our understanding that this
legislation will not prevent us from expanding our land bases
in the future.
The Western Shoshone always had a strong attachment to our
land which encompassed many millions of acres as described in
article V of the Treaty of Ruby Valley. Our people
traditionally knew every valley and spring in our vast
territory and our land has always been at the center of our
cultural identity and way of life. Expanding our meager land
base is essential for our health and vitality of our
communities and for the survival of our culture.
We ask Congress to consider the expansion of our land base
to establish a permanent homeland for the Western Shoshone.
Subsistence hunting, fishing, and gathering lives are of great
importance to the Western Shoshone people. Our people hunt,
fish and gather traditional food sources to supplement their
diet. It is very important that the Western Shoshones continue
to have access to traditional hunting, fishing and gathering
areas and that we continue to be able to hunt, fish and gather
traditional food sources which are part of our culture and our
diet, a part of who we are.
Many tribal members rely on these traditional food sources
as a subsistence basis. Many traditional medicines are made
from native plant sources gathered throughout our aboriginal
territory and these are also important for our people for
health, culture and religious reasons.
Our aboriginal lands are being destroyed and poisoned by
mining, toxic wastes and other forms of abuse. The native
animals and plants are disappearing from lands that have
suffered so much from these abuses.
Shoshones are guardians of their environment. We
traditionally practiced a way of life that was in harmony with
the earth. It is part of our religion and the way of life to
respect all forms of life--the land, the air, the water, the
animals, the birds and plants are all interconnected and all
depend upon each other for existence. We want our important
hunting, fishing and gathering traditional areas to be set
aside for us so that we can preserve them. In accepting the
claims money, we are not giving up any hunting, fishing and
gathering rights.
Northeastern Nevada economy is in a period of decline with
unemployment rising in and near the Te-Moak tribal communities.
Economic development to increase our self sufficiency is very
important to our communities but our opportunities are limited.
Our need for federally funded services will continue in the
areas of education, health, housing, community development,
social services, judicial services, law enforcement, cultural
resource, environmental protection, and other services
necessary for a vibrant community.
It is our understanding this legislation to compensate the
Western Shoshone for pass wrongs will in no way diminish the
U.S. Government's obligation to continue to provide all these
services as needed for health and the well being of our people.
In order to determine whether acceptance of this claim
money is truly the wishes of the majority of the Western
Shoshone people, another vote on the issue was held on June 3,
2002. Tribal members voted on three questions: Whether or not
to accept claims money from Docket 326-K; whether the tribal
members of at least one-quarter degree Western Shoshone blood
should be able to participate in the settlement; and whether or
not 326-A-1 and 326-A-3 should be placed in an educational
trust fund. The vote was 1,647 to 156 in favor of distribution;
1,601 to 196 in favor of tribal members of at least one-quarter
degree Western Shoshone blood participating; and 1,020 to 769
in favor of the educational trust fund. The majority of Western
Shoshone voters clearly support distribution as described in
the Western Shoshone Claims Distribution Act.
It is the mandate of the people that we move forward with
this process. The people have waited long enough. It would be
incumbent upon this committee and Congress to also make a
decision whether up or down in regard to our issue.
I am asking you to support the Western Shoshone Claims
Distribution Act to distribute the claims awarded in Docket
326-K, 326-A-1, and 326-A-3. The money was awarded so many
years ago in attempt to compensate the people for some of the
wrongs that have been done to us. The committee of our tribal
members has passed away without benefiting from this money that
was set aside for them. Although it cannot fully compensate us
for the loss of our land and way of life, the claims money will
help make life better for the tribal members who would receive
a share.
[Prepared statement of Mr. Ike appears in appendix.]
The Chairman. Thank you very much, Chairman Ike.
May I recognize Chairman Johnny.
STATEMENT OF WILLIE JOHNNY, CHAIRMAN, WELLS INDIAN COLONY BAND
COUNCIL, WELLS, NV
Mr. Johnny. I, Willie Johnny am chairman of the Wells Band
Colony of the Western Shoshone Nation of Nevada.
The Wells Band is one of four colonies that make up the Te-
Moak Shoshone Tribe. I am giving testimony on behalf of the
Wells Band Colony and not for the Te-Moak Council. Te-Moak
chairman, Felix Ike, does not represent the four bands. He is
only the chairman of the Te-Moak Council and representative of
the tribe by approval of the Te-Moak Council.
The Wells Band Colony and surrounding areas have used this
land we call home to be self supportive for centuries. Our
people roamed all over the western portion of the United States
which today we call Nevada, Idaho, Utah, and California. There
were no boundaries, this was our way of life.
The Treaty of Ruby Valley of 1863 allowed settlers and
immigrants to migrate through our territory. Railways were
built on the land and stage lines were operated through our
boundaries, mines were built to take minerals, and mills were
made to take our timber from mountains. The natural resources
we had depended upon for centuries were drastically depleted
and our way of life was forever changed. We hunted and fished
to provide our people with food. We gathered wood for shelter
and warmth and picked berries and herbs for medicine.
Today, our people are deprived of the traditional ways of
life. Today we are facing an epidemic called diabetes caused by
diet we are not accustomed to. We no longer have the freedom or
resources to be self supportive.
I have read the Treaty of Ruby Valley and believe it only
benefits the United States and the State of Nevada. As in the
first four articles of the treaty that the Band allowed, at
that time, the only thing that might have benefited our people
then and now is a reservation which is nonexistent today.
Referring back to the Treaty of Ruby Valley, article VI:
The said Bands agree that whenever the President of the
United States shall deem them to abandon the roaming life which
they now lead and become herdsmen and agriculturists, he is
hereby authorized to make such reservations for their use as he
may deem necessary within the country above described. They
also do hereby agree to remove their camps and such
reservations as he may indicate and reside and remain therein.
The colonies we live on today are by treaty, executive
order or statutes and are too small and not enough land for our
traditional ways or economic development. Today, there are
other tribes around us that have reservations, that had
treaties similar to ours. Through their negotiations they asked
for extra land and have obtained reservations plus monetary
settlements.
We as Native Americans have been pushed aside for many
years. Our tribal members have endured hardships, we obey, the
laws and what was asked of us. We, the Western Shoshone did not
break the Treaty of Ruby Valley, we did not cede land to the
United States or the State of Nevada and if we did when?
We believe this treaty is enforceable today. Our rights are
still secured, ownership to this land by treaty, statutes and
executive agreements.
This is a brief summary of our proposal. No. 1, at the
present time, we have 80 acres for the Wells Band Colony and
only one-half of that acreage is used for housing and the other
half according to environmental assessment is waste land.
No. 2, we are asking for a $25-million settlement fund for
the purpose of establishing economic development.
No. 3, we are asking for a land expansion of a 60-mile
radius of the Wells area.
No. 4, we are asking for hunting, fishing and gathering
rights.
No. 5, to provide future generations with territorial base
to call home, and
No. 6, to increase our self sufficiency in taking care of
our people.
The Wells Band Colony is in support of the Western Shoshone
Distribution Act, 326-K, 326-A-1 and 326-A-3 only if S. 958 is
amended to include both land base expansion and monetary
settlement.
In closing, I would like to thank the Senators and
committee members for the time and attention you have given me
today in presenting my testimony and proposal to you. I hope we
can come to a negotiation and better understanding which will
benefit us all.
Chairman Ike is our Te-Moak Chairman but we do have four
other bands that make up Te-Moak. I feel the other three bands
should give their testimonies today. To me it is different in
language than seeing it on paper.
[Prepared statement of Mr. Johnny appears in appendix.]
The Chairman. Mr. Chairman, as I have indicated to the
group here, the record will be kept open so that the chairmen
and others if they wish may submit statements to become part of
the committee record. I can assure you I will read every one of
them.
Ms. Stewart.
STATEMENT OF NANCY STEWART ON BEHALF OF THE WESTERN SHOSHONE
CLAIMS DISTRIBUTION STEERING COMMITTEE, FALLON, NV
Ms. Stewart. First of all, I am Nancy Stewart, cochairman
of the Western Shoshone Steering Committee. Thank you for
allowing us to appear here today. It has been a long time
coming awaiting a hearing. This testimony is in support of S.
958.
Our committee speaks for the 1,647 Shoshones who voted
``yes'' in favor of receiving their 1977 court award versus 156
opposed. The vote reconfirmed the 1998 poll. These, the
majority, are some of the faces we represent an enlarged
picture. Approximately 65 percent of the eligible adults voted,
65 percent. Of those voting, 91 percent favored distribution.
The majority supports the bill and they support the
direction of our committee. In two public meetings after a
division of the house was called for, only 3 people stood
against the bill and the direction of our committee. We held
these two meetings both in Elko, Nevada, northern Nevada and
mid-Nevada, which is in Fallon. In Fallon, nobody stood against
the bill or against the direction of the committee.
We do have one suggested amendment to the bill. It was a
simple oversight. We would like to make our suggestions under
the educational, section III. Under 2(A) we need to have the
words added that say ``exclusively comprised of Western
Shoshone'' after the words ``the administration committee.'' In
other words, ``the administration committee should be
exclusively comprised of Western Shoshone.''
On 2(B), the words ``Western Shoshone'' were omitted and in
section 2(B), under (v), we would like that to be revised that
the other member of that committee should be ``the Western
Shoshone Committee of the Duck Valley Indian Reservation.''
That's the committee that comprises all the educational
members. Each tribal community gets one member on that
committee. We would like to add those amendments.
The 1973 Distribution Act provided that a tribe has 180
days after appropriation to submit a plan. That was 22 years
ago. The timeframe was not met under the 1973 Distribution Act.
Therefore, the ``recognized spokesmen or representatives of any
descendant group'' may submit a plan as their civil right, thus
the birth of our steering committee.
Following 25 years of failed tribal/Federal negotiations
and the failure to produce a ``good faith plan'' the people
realized there was a need to band together and take action. In
1990 and 1992, the promised action by the councils and the
WSNC, the Western Shoshone National Council, who was involved
at that time, they promised to resolve an impasse on another
bill before the House of Representatives' Resource Committee.
It never came to fruition; 12 years later, nothing.
Even a 1993--I believe Mr. Ike alluded to this--$1 million
ANA grant was awarded to the land claimants and a 1994 meeting
with the Secretary of the Interior, Bruce Babbitt, at the time,
to solve the land issue problem failed. The tribal governments
let the opportunity for concrete negotiations slip by due to
ill advised political maneuvering.
A small group calling themselves the Western Shoshone
National Council has been involved in stopping distribution for
years. Their lawyers operate quietly to influence councilmen.
Decisions are then made without the knowledge or the support of
the people such as the recent attempted land title amendment to
S. 958. This targeting of elected chairmen promotes their
clients' interests and acts to repress the voice of the people.
One million dollars and an offer of several million acres by
the Secretary of the Interior--again, nothing. Therefore, our
committee feels that any land needs should be addressed through
other available governmental procedures as other reservations
have done.
It took 15 years for the cattlemen's case to reach the U.S.
Supreme Court in 1985. It was determined that the deposit of
the award in trust for the Shoshones effectuated full
settlement of all claims. This decision is not debatable, it's
not debatable. It ended the claims to title in the court
system. Yet, the litigants continued to tout ownership of two-
thirds of Nevada.
Because of this, some cattlemen have not paid their BLM
fees for years. Other Shoshone cattlemen on the South Fork
Reservation that paid their BLM fees have had their cattle shot
and have not been allowed to use tribal pastures. This is an
article that appeared in the Elko daily news and I spoke
personally to the person whose cattle were shot. This is what I
was told.
Telling the Shoshones they still own the land is a shameful
deceit perpetuated by the minority. The people see the
improbability of all of this, this all or nothing attitude
versus State or Federal interests. Although I can agree with
Mr. Johnny when he says there are some reservations that need
land, but the attitude of two-thirds of the State of Nevada--
that is improbable and the Shoshone people see that.
The minority's 1993 quest for support to the Organization
of American States Commission on Human Rights, claiming
discrimination and to avoid the impoundment of their livestock,
has resulted in another report. A report to which we do not
have access at this time, so we will not comment on it. The
United States is not bound to international law that the
Commission applies, especially given the years of due process
this particular case received through this country's own court
system.
My testimony attempts to reveal the subtle factors that
contributed to the peoples support of this bill, the good, the
bad and the ugly. The majority view the award as good, an
apology of substance. The 1946 act gave Indian people their day
in court to air grievances suffered across the United States.
The limitation was that no one should be allowed to litigate a
claim forever. It was not the intent of Congress to leave
claims hanging in limbo for over 51 years and that is what
happened to our Shoshone people, 51 years.
This claim is the last in Nevada and it is the last of the
five Shoshone groups to be distributed. As for the Bad, the
death of elders whose hopes and health needs were pushed aside.
The problem is as we people have seen it--by the way, I am not
a political person, I have never run for a political office so
I can appreciate some of the pressures brought upon our tribal
officials and others--but the problem is elected leaders who do
not represent their own tribal members but the interests of
others outside of their own tribe. We have seen that for years.
The ugly, what should have been easy, the disbursement of
this money, this court award to our Shoshone people--turned
into back door politics to override the peoples choice by a few
Shoshones and some non-Indians working for their organization's
objectives.
Their use of the Western Shoshone name in newspapers as
though they represent the majority is misleading and a lot of
people have said it is a sham. The majority of Western Shoshone
people do not like that.
In conclusion, every day Senators are called upon to make
decisions; 100 percent agreement is a rarity. The people have
been told there may be changes in S. 958 in markup, a chance we
have to take. The majority which our committee represents
respectfully requests that the committee act decisively in
expediting S. 958 in the interest of the long sought closure
our people deserve.
Thank you.
[Prepared statement of Ms. Stewart appears in appendix.]
The Chairman. Thank you, Ms. Stewart.
Senator Reid, would you like to proceed with questioning?
Senator Reid. I really don't have questions. I believe that
the record is very clear that everyone believes the rights,
whether they are valid or invalid, are not changed as a result
of distributing the money. That is what I have heard here
today.
I understand Willie Johnny, you only have 80 acres in
Wells. My math may not be absolutely right but he wants 1.5
million acres. To me at first glance, that sounds like a lot of
land but a long time ago, you had a lot more land than that.
These are things we can take a look at but the money should be
distributed as said by Chairman Ike and Ms. Stewart.
It is clear that people are dying every week who should
have had the benefit of this money after all this many years. I
would hope we could move quickly and get these people their
money and have this committee look at any other inequities that
are in existence.
The Chairman. Thank you.
Chairman Ike, you indicated you favor the distribution of
funds. However, you are very much concerned about a land base.
May I ask a general question? I gather there are six tribes or
bands in the Western Shoshone Nation?
Mr. Ike. I'll answer the first question. You said I favor
the distribution. I have my own opinions in regard to that, I'm
only one person and I had one vote. What I'm representing here
today are those individuals that voted on the issue and that's
the message I bring here today. I'm voicing the majority of the
Western Shoshones in favor of this distribution. That's my
overall position.
My overall position is also in regards to my testimony an
expansion of Western Shoshone lands. I've asked for that.
The Chairman. You indicated that the Congress should
address this issue. How do you propose we do that?
Mr. Ike. Through legislative action in regards to it. Each
individual community has their own wants and needs in regards
to this. I have a letter from the Duck Water Council. They have
asked me to also be their spokesman and their representative
here. Each individual community already has their plan in place
for expansion of their reservations.
The only thing I could ask is if they were to consider
expansion of those reservations as requested by those
communities.
The Chairman. Chairman Ike, Ms. Stewart of the Western
Shoshone Claims Distribution Steering Committee, is that part
of the Shoshone Nation organization?
Mr. Ike. That was created by council action by Te-Moak in
1997 or 1996, previous to my administration. That was created
because of the interest in regards to the inactivity at that
particular time on the distribution act itself.
Chairman Johnny, as Senator Reid indicated, you are very
concerned about land base.
Mr. Johnny. Yes; I am.
The Chairman. You wish the Congress to address this?
Mr. Johnny. Yes; I would. It's not in the bill, it's
something we hope to get amended into the bill to have a land
base.
The Chairman. However, you are not opposed to the money
distribution or are you?
Mr. Johnny. I'm only opposed to it, like I said in my
testimony, if it doesn't state land or money. It just states in
here it's pretty much for the distribution. We feel land should
be an issue in this bill.
The Chairman. In other words, if land were made part of
this, you would be in favor?
Mr. Johnny. Yes.
The Chairman. Ms. Stewart, who is the chairperson of your
committee? Are you the chairperson?
Ms. Stewart. I am a cochair. Our lead chairman, Larry
Piffero, is in the hospital at this point, so I am speaking in
his stead.
The Chairman. Am I correct to assume that your membership
is made up of representatives from all of the clans?
Ms. Stewart. We have tribal community representatives on
all reservations, yes, and committees. For example, on the
reservation I come from in Fallon, we have about 20 committee
members just in Fallon. Each of the other tribal communities
has their own committee representatives. We come together under
the umbrella of the steering committee.
The Chairman. This goes back to ancient times when the
State of Nevada was known as Ruby Valley and I can assure you
that I will not only study this but I hope we can bring this to
a resolution.
It may interest you to know that this is a very busy and
active committee. We have held as of this day, 49 hearings.
This committee has held more hearings and passed more bills
than any other committee in the United States Congress. So we
are an action people.
Ms. Stewart, the people in the back were shaking their
heads when you said all members are represented somehow.
Ms. Stewart. That is correct.
Mr. Ike. I would like to reiterate that position. There was
a draft letter that was drafted by the Assistant Secretary of
the Bureau of Indian Affairs to Al Gore who was the Vice
President of the United States and also the President of the
Senate, a letter was drafted to him with the names of every one
of those members in regards to that claims committee. I believe
there are 32 members that were named in that committee. That
research was done and that was submitted, so those names are
part of the record that I have submitted.
The Chairman. I'd like to thank all of you for having
traveled long distances to be with us today. As I stated
earlier, the record will be kept open until September 8. That
is a Sunday. If you wish to amend your testimony or to add to
it, or if there are others in the audience or at home who wish
to send a statement, please feel free to do so.
Senator Reid. This is very unusual to have on a Friday
afternoon after 3 o'clock a hearing going on. We adjourned the
Senate last night. Senator Inouye has a trip planned to go to
Hawaii, he scheduled this hearing sometime ago recognizing we
may even be in session today but this is the way he has chaired
this Indian Affairs Committee since he took over. It's been a
tremendous imposition to him to have this hearing. For me, it
was fine, I'm not on the Senate floor today and it makes it
very nice for me.
I want you to know for all these people who traveled such a
distance, how much they appreciate your scheduling this hearing
and I personally appreciate it also.
Ms. Stewart. Yes; thank you very much.
The Chairman. I can assure you that it is no imposition. It
is my responsibility and my obligation to the Native Americans
of this land.
With that, the hearing is in recess. The record will be
kept open until September 8.
[Whereupon, at 3:05 p.m., the committee was adjourned, to
reconvene at the call of the Chair.]
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A P P E N D I X
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Additional Material Submitted for the Record
=======================================================================
Prepared Statement of Neal A. McCaleb, Assistant Secretary for Indian
Affairs, Department of the Interior
Good morning, Mr. Chairman and members of the committee. Thank you
for the opportunity to present the views of the Department of the
Interior on S. 958, a bill entitled ``The Western Shoshone Claims
Distribution Act.'' The distribution of the Western Shoshone judgment
funds is a long-standing issue that needs to be settled. The judgment
funds stem from two claims that were filed by the Te-Moak Bands of
Western Shoshone in the Indian Claims Commission in 1951. One is an
aboriginal land claim that was concluded in 1979 in Docket 326-K for
$26.1 million. The other is an accounting claim. Several issues in the
accounting claim were handled separately and resulted in two awards.
The first award in the accounting claim was for approximately $823,000,
and Congress appropriated funds to pay the claim in 1992. The second
award was for $29,000, and funds were appropriated in 1995 to pay the
claim. The accounting claims were in Dockets 326-A-1 and 326-A-3.
Since 1980, numerous attempts have been made to reach agreement on
the disposition of the Western Shoshone judgment funds. The most recent
attempt began in March 1998, the Western Shoshone Steering Committee
[WSSC], which is composed of individuals that are tribal members at
various reservations in Nevada. With the approval of the Te-Moak Tribal
Council, the WSSC has worked over the past 4 years investigating if the
Western Shoshone people were in favor of a judgment fund distribution.
Since 1980, when the BIA held its first Hearing of Record on the
distribution of the land claims judgment funds, a large segment of the
Western Shoshone people have indicated that they are in favor of the
judgment fund distribution. In the meantime, it's important to note
that the tribal councils of the four successor Western Shoshone tribes
[Te-Moak, Ely, Duckwater, and Yomba] have mostly opposed the
distribution of the judgment funds because they wanted the Western
Shoshone aboriginal lands returned. Although the tribal governments
were unanimous in their opposition in the early 1990's, since 1997,
three of the four tribal councils have modified their position to
support the distribution of the judgment funds.
The Te-Moak Tribal Council enacted Resolution No. 97-TM-10 on March
6, 1997, adopting a plan for the distribution of these funds and
requested the Department to support it. That resolution was rescinded
by the next tribal council in the summer of 2000, but the current
tribal council rescinded that action in January of this year and
reinstated the 1997 resolution. The Duckwater Shoshone Tribal Council
enacted Resolution No. 98-D-12 on March 18, 1998, supporting the
Western Shoshone claims distribution proposal. On March 10, 1999, they
enacted Resolution No. 99-D-07 reaffirming the earlier resolution
supporting the Western Shoshone Claims distribution proposal. The Ely
Tribal Council enacted Resolution No. 2001-EST-44 on October 9, 2001,
supporting S. 958 and H.R. 2851. We have been advised that the Yomba
Tribal Council continues to oppose the distribution. Several other
tribes with enrolled tribal members that would be eligible to share in
the judgment fund distribution under S. 958 have also enacted
resolutions supporting the distribution. Those tribes are Duck Valley,
Fallon and Fort McDermitt. The Shoshone-Paiute Tribal Business Council
of Duck Valley withdrew its support of S. 958 by Resolution No. 2002-
SPR-012, dated November 13, 2001. However, the Western Shoshones of
Duck Valley continue to support the bill.
We support the enactment of S. 958 because we believe that it
reflects the wishes of the vast majority of the Western Shoshone
people. We are also pleased that three of the four successor tribes
have expressed their support of the distribution, as well as two other
tribes with a significant number of tribal members of Western Shoshone
descent.
Section 2 of S. 958 proposes to distribute the Western Shoshone
land claims funds that were awarded in Docket 326-K, 100 percent per
capita to approximately 6,500 individuals who have at least one-quarter
degree of Western Shoshone Blood. The current balance of this fund,
including interest, is $137,286,774. This section appears to be in
accord with the wishes of the Western Shoshone people.
Section 3 proposes to use the principal portion of the Western
Shoshone accounting claims funds awarded in Dockets 326-A-1 and 326-A-3
for a non-expendable Trust Fund. The interest and investment income
will be available for educational grants and other forms of educational
assistance to individual Western Shoshone members that are enrolled
under section 2 of this act, and to their lineal descendants. The
principal fund totals $754,136. The interest fund totals $591,845. This
section appears to be in accord with the wishes of the Western Shoshone
people.
We understand that many of the beneficiaries of this treaty
continue to believe in their rights under the Treaty of Ruby Valley and
this subsection acts as a savings clause for whatever rights remain in
effect. We are concerned that some tribes or individuals may believe
that article 5 of the Treaty [land provisions] remains in effect. To be
safe, the clause should read, ``Receipt of a share of the funds
underthis subsection shall not alter any treaty rights, or the final
decisions of the Federal Courts regarding those rights, pursuant to the
1863 Treaty of Ruby Valley,'' inclusive. . . ''
This concludes my prepared statement. We are submitting a report to
be included into the record that gives a detailed history of the
Western Shoshone claims. I will be happy to answer any questions the
committee may have.
______
Prepared Statement of Bonnie Eberhardt Bobb
My name is Dr. Bonnie Eberhardt Bobb. I am married to Johnnie L.
Bobb, a Western Shoshone spiritual person, and I am the step-mother to
two Western Shoshone children. I have been associated with Western
Shoshone people since 1986. I am now the Director of the Office of
Environmental Protection for Yomba Shoshone Tribe. However, I am
submitting this testimony as an individual.
The Senate Committee on Indian Affairs has received much testimony
concerning perceived illegalities concerning the Western Shoshone land
claims, so I will not discuss these. Rather I will discuss differences
that I see between Western, Shoshone beliefs and customs regarding land
and the beliefs of typical Euroamerican society.
In 1999 I completed my doctoral dissertation in cross-cultural
psychology at The Pennsylvania State University researching the
acculturation of Western Shoshone sense of self and spirituality. I
assumed that Western Shoshone from three typical living situations
would have different degrees of exposure to Euroamerican culture and
thus different degrees of acculturation: (1) reservation dwellers in
isolated areas e.g. Yomba Shoshone Tribe, (2) colony dwellers living in
segregated communities close to or within towns e.g Fallon, and (3)
urban dwellers, e.g. those who lived in cities like Reno or Las Vegas.
Using standard scales of individualism vs collectivism, I found that
Western Shoshone people actually were more collective in their belief
system than most Asian cultures. I found that approximately 70 percent
of Western Shoshone people felt more comfortable going to traditional
Indian doctors than to clinics or hospitals, About 86 percent still
retained some of the language. While approximately 10 percent of
Euroamericans hunt on a regular basis (96 percent men, 4 percent
women), over 50 percent of Western Shoshone, except for elders, still
hunt to supplement their diet (52 percent men, 48 percent women). Over
90 percent still harvest and eat pinenuts in the traditional methods.
Most surprisingly, there was no significant level of acculturation of
self-concept across exposure levels.
What does this mean? The Western Shoshone are a very different
culture. The Shoshone are still collective people. Rather than thinking
of the earth as a thing to exploit, to seek personal gain, Shoshone
think more in terms of the extended family and hold the earth as a
sacred thing that must be passed to future generations of all people.
They took to benefit the family through their actions rather than to
what is beneficial to themselves personally. They are less competitive
and not exploitative. They think of their land as owned by all. We
might call this concept a joint tenancy in real estate. Everyone has
equal share to all land. Therefore land cannot be sold without the
consent of all of the others. All own all the land. They are still
living off the land and using the land for food and spirituality. In
short, the Western Shoshone people are very different from Euroamerican
cultural groups.
It is also obvious to me that this illegal vote is taking place at
this particular time to hasten the process of acquiring the Yucca
Mountain Nuclear Waste Repository. Yucca Mountain and the Nevada
Nuclear Weapons Test Site are both on Western Shoshone ancesteral
territory. The NRC requires clear title to the land to proceed with
licensing Yucca Mountain, and the Ruby Valley Treaty of 1863 is a cloud
on this title.
In addition, the Ruby Valley Treaty of 1863 is very different from
most of the other Indian treaties. The Ruby Valley Treaty ceded no
land. It was one of the few in which there was no land cession. Also,
the parties of interest included the western bands of Shoshone and
``the people and government of the U.S.'' We are all parties to the
injustice that is being perpetrated through S. 958.
My husband was one of the individuals to go to Geneva for the Human
Rights cases. The U.S. had findings tendered against it. They were to
be made public in January or February of this year, 2002. Instead, the
U.S. appears to have kept those violations secret. They would be an
embarassment to the U.S. if disclosed during this hearing process. If
they arc not disclosed, this is but another human rights violation
against the Western Shoshone people. And, as citizens of the United
States, party to the Treaty, we are in violation if we do not stop this
further insult.
Congress must seek to investigate the illegalities and violations
that have occurred in the past and recently. The traditional government
of the Western Shoshone people, the Western Shoshone National Council,
should be full party to any negotiation. The Constitution of the United
States holds treaty to be the ``supreme law of the land.'' As parties
to the treaty and citizens of the United States, we must see that the
divine intentions of the framers of the Constitution be honored.
______
Prepared Statement of Winona Charles, Chairperson, Shoshone Claims
Committee
Good afternoon Mr. Chairman and Honorable Senators of the Senate
Committee of Indian Affairs.
I am here before you today on behalf of our Western Shoshone Claims
Committee of Duck Valley Reservation regarding Docket numbers, 326-A-1,
326-A-3, and 326-K.
I extend our sincere appreciation for the opportunity to be heard
this afternoon.
My name is Winona Charles, Chairperson of Shoshone Claims
Committee, full blood Shoshone, a great-grandmother, and proud mother
of two (2) sons who served in the United States Armed Forces.
It has been a long struggle for the Western Shoshones to the
present time today, with much historical background.
Four treaties were signed with the Shoshone Nation in 1863. One of
these was the Treaty of Ruby Valley, Western Shoshones of Nevada. Under
this treaty, Executive Order dated April 16, 1877, established Western
Shoshone Reservation on public domain land lying partly in Nevada and
Idaho. This land was set aside for Captain Sam and his group of
Shoshones who expressed their desires as well as their needs and
traditional ways of life. The ancestral homelands of the Western
Shoshone people since time immemorial have deep religious roots and
cultural significance in our aboriginal territories of Nevada and
Idaho, extending into California. We continuously exercise our rights
in hunting, fishing, gathering, protecting and preserving the natural
resources and environment, for survival of the indigenous people who
are the keepers of the treasures of Mother Earth. We continue to carry
on our traditional way of life--the teachings of our old ones who
passed on oral histories and beliefs.
In 1885, Paddy Cap's band of Paiutes arrived at Duck Valley and, by
Executive Order of May 4, 1886, the land was withdrawn and set aside in
addition to the Western Shoshone Reservation. As a result of the
Reorganization Act of 1936, the Western Shoshone Reservation became
federally recognized as the Shoshone-Paiute Tribes of Duck Valley.
The Shoshone-Paiute Tribes Council enacted Resolution 97-SPR-63.
This resolution granted recognition to the Shoshone Claims Committee of
Duck Valley for the purpose of handling all matters relating to the
Western Shoshone Claims until finalization of all negotiations.
We oppose the Shoshone-Paiute Tribes Council action to intervene in
a negative manner because five of seven council members were recipients
of funds from Northern Paiute Claims Award.
The leadership of the Western Shoshones of Duck Valley will not
tolerate the recipients of the Northern Paiute Claim Award to represent
any Shoshones in these proposed legislations. Our committees speaks
solely for our Western Shoshone band of Duck Valley to have a voice for
our people in this process.
It is clear to the majority of the Western Shoshone that the claims
distributed with due haste of 326 K at 100 percent to those who meet
the requirement of one-quarter degree blood quantum. We strongly
support our perpetual education plan using 326A-1 and 326A-3.
Thank you, Mr. Chairman and Honorable Senators of the Senate
Committee of Indian Affairs, for the opportunity to be heard today on
behalf of the Western Shoshones of Duck Valley, Owyhee, NV.
______
Prepared Statement of April T. George
I am a Western Shoshone person whom this Senate bill personally
affects and will affect the rights of my grandchildren and their
children. I am not privileged to stand before you and make my testimony
opposing this bill.
A confidential report was issued to the Bush administration
pertaining the case of Carrie and Mary Dann of the Dann Band of Western
Shoshone v. United States (LACHR, No. 11.140), as the report has direct
bearing on the Western Shoshone land rights that are put in jeopardy by
S. 958. I encourage you and other members of the Senate Committee
obtain a copy and review the report before the hearing of March 21,
2002.
S. 958 is deceptive and fraudulent in its context to extinguish
title to the Western Shoshone territory of the 1863 Treaty of Ruby
Valley by using Section 2(9) which states, ``Receipt of a share of the
judgment funds under this section shall not be construed as a waiver of
any existing treaty rights pursuant to the 1863 Treaty of Ruby Valley;
inclusive of all articles I through VIII.'' The Indian Claims
Commission Act states differently:
``The payment of any claim . . . shall be a full discharge of the
United States of all claims and demands touching any of the matters
involved in the controversy. Sec. 22(a).60 Stat. 1055, 25 U.S.C.
Sec. 70u(a) (1976 ed.).'' It is very important that the Senate
Committee address and clarify this deceptive language.
The Western Shoshone Steering Committee are a group of individual
people headed by Larry Piffero and Nancy Stewart, and are not the
official tribal government. To my knowledge have not been authorized,
sponsored, or endorsed by any of the recognized tribal governments. The
officials of the Bureau of Indian Affairs are affiliated with this
group, which in my opinion is in violation of the Government-to-
Government policy.
The straw poll vote of May 1998 is based on a deceptive ballot and
illegal voting, as testimony and voting were held simultaneously (again
with Bureau of Indian Affairs participation, which was conducted by the
Western Shoshone Steering Committee). I was there and I was appalled at
the manner it was conducted. I refused to vote because the ballot did
not present any other options other than distribution of funds.
The Western Shoshone Distribution Claims Committee along with
Bureau of Indian Affairs official, Daisy West, Tribal Relations
Specialist, Washington DC and Fred Drye, Western Nevada Agency,
submitted a finalized draft copy of the bill to Senator Reid's Reno
Office July 30, 1999. There is no provision for land or other treaty
rights. This committee, who is not a governmental body, drafted the
bill.
Their only motive is for distribution. This committee is telling
the people they will receive twenty thousand dollars, which is purely
fictional amount. This is a drop in a bucket, especially after the
Federal Government and the State of Nevada have benefited from all the
natural resources taken from the Western Shoshone territory.
I oppose this bill in its entirety and pray that S. 958 be
defeated.
______
Prepared Statement of Larry Greene
Any hope that justice will derive from this Indian recognition
hearing is misplaced for a number of reasons. One reason is the
historical bias of key members of the Senate Indian Affairs Committee,
namely Senators Inouye, Campbell, and McCain. Another reason, and more
importantly, is the failure of the Federal Government to provide a
rational explanation as to the purpose of Indian recognition and a
clear definition of what an Indian tribe is.
Allegedly, the purpose of Indian recognition is to make tribes
self-determining sovereign nations. Yet, as long as Congress wields
plenary power over all tribal affairs, including the existence of
tribes, it is impossible for tribes to become self-determining
sovereign nations. There exists no means testing, or any other
criteria, indicating when tribes may be cut from the paternal umbilical
cord of the Federal Government. This leads to only one rational
conclusion: There is no true intent by the Federal Government to make
tribes self-determining sovereign nations.
The most popular attempt to define what an Indian tribe is was
coined by Chief Justice John Marshall in the 1831 Cherokee Native v.
Georgia. He noted that the U.S. Constitution did recognize entities
called ``Indian tribes.'' He wrote that perhaps tribes could be
denominated domestic, dependent nations. He meant maybe they were and
maybe they weren't. Also, he gave no definition what he meant by a
domestic, dependent nation, except that whatever rights which may have
belonged to the Cherokee Nation, and thus all other tribes, that ``this
is not the tribunal in which those rights are to be asserted.'' Tribes
had no right to petition for a redress of grievances before the Supreme
Court in 1831. Today they do.
Once all Indians were made American citizens in 1924, they became
entitled to the ``equal protection of the laws'' guarantee of the
constitution's 14th Amendment. American citizenship for Indians made
all constitutional references of ``Indians'' obsolete.
The 1934 Indian Reorganization Act determines the recognition of
tribes today. The recognition criteria per the 1934 IRA boils down to
whomever the Interior Secretary deems is an Indian tribe, and Congress
has recognized tribes on the fly. The socialistic intent of the 1934
IRA was to separate Indians from the rest of American society and,
thus, negating the constitutional protections of Indians when on trust
land, in spite of their being American citizens. Such separation is
racist and unconstitutional.
The unsurprising result of this racist, unconstitutional policy is
that Indians, as an ethnic group in America, easily ranks first in
almost every category of social ills: Unemployment, alcoholism, high
school dropouts, domestic violence, etc. The BIA has bilked tribes out
of one-half billion trust fund dollars. Another result is impacts on
non-Indian communities due to land annexation, casino gambling,
liability immunity, etc. Last is the corrupting effect of campaign
finance donations and who knows what funds are being transferred under
the table.
There is a lack of courage and/or wisdom by every local, state and
Federal official in this nation to address whether or not the basic
idea of Indian recognition is racist and unconstitutional. Because
Indian recognition is racist and unconstitutional, it is impossible to
correct the perceived flaws in the criteria or any other aspect of such
a deplorable, arbitrary policy. The only proper option is the immediate
termination of government recognition of Indian tribes.
______
Prepared Statement of John St. Clair, Enrolled Member, Eastern Shoshone
Tribe, Wind River Indian Reservation
Good afternoon Chairman Inouye and distinguished members of the
Senate Indian Affairs Committee. Thank you for the invitation to come
before you today to testify about a topic that has had a major impact
upon the powers and authorities of Indian tribal governments.
My name is John St. Clair. I am an enrolled member of the Eastern
Shoshone Tribe of the Wind River Indian Reservation located in west
central Wyoming. I am an attorney licensed in Wyoming and have been
sitting as Chief Judge of the Shoshone and Arapahoe Tribal Court since
1983. 1 am President of Wyoming Legal Services, President of Montana-
Wyoming Tribal Judges Association and a member of the Board of
Directors of the National American Indian Court Judges Association
(NAICJA).
The Wind River Indian Reservation is jointly owned by the Eastern
Shoshone and Northern Arapahoe Tribes (the Tribes). It is approximately
3500 square miles in area inhabited by about 12,000 members of both
tribes and other tribes, along with about 25,000 non-Indians.
The Shoshone and Arapahoe Tribal Court through a comprehensive Law
and Order Code extends jurisdiction over all Indians who commit
offenses prohibited in the Code and over all persons who have
significant contacts with the reservation. The Court consists of a
Chief Judge who must be a professional attorney and three Associate
Judges. There is a Court of Appeals comprised of the remaining three
judges who did not hear the case. Jurisdiction is limited by applicable
Federal law. Total case load for 2001 was approximately 3,500.
Recent United States Supreme Court decisions have become a major
concern to the Tribes due to their intensified passion to limit the
sovereignty of Indian Tribes. In particular, within the Past ten (10)
years tribes have lost 23 of 28 cases argued before the Court. Since
the case of Oliphant v. Squamish Tribe, 435 U.S. 191 (1978), where the
Court held by implication that tribes are without inherent jurisdiction
to try non-Indians for crimes, a new doctrine has emerged that tribes
lack certain powers that are inconsistent with their dependant status
even when Congress has not acted to curtail those powers. This new
doctrine has been extended to the civil regulatory area by Montana v.
United States, 450 U.S. 544 (1981), the adjudicatory area by States v.
A-1 Contractors, 520 U.S. 438 (1997) and in 2001, in Atkinson Trading
Post v. Shirley, 531 U.S. 1009 (2001) to a hotel occupancy tax imposed
by the Navajo Nation. The most recent extension of the doctrine is
Nevada v. Hicks, 121 S. Ct. 2304 (2001) where it was held that tribes
lack jurisdiction over civil suits against State officials for
violating the rights of Indians on Indian land within a reservation.
The impact of and its progeny on the powers and authorities of
Indian tribal governments is that it severely restricts the ability to
exercise basic regulatory and adjudicatory functions when dealing with
everyday activities on reservations. When both Indians and non-Indians
are involved in domestic violence, alcohol and/or drug related
disturbances or a other criminal activity, tribes can adjudicate only
Indians while non-Indians, even when detained and turned over to state
authorities, go unpunished. This double standard of justice creates
resentment and projects an image that non-Indians are above the law in
the area where they choose to reside or enter into.
The affect on tribes of not being able to regulate taxing, hunting
and fishing, the environment, zoning, traffic, etc. placed limitations
on economic development and self-sufficiency. Without the ability to
generate revenues to fund basic governmental functions, tribes become
more and more dependant on Federal grants, contracts and compacts, as a
sole source of funding. This results in an increased economic burden
that ultimately falls on the Federal Government.
Tribal courts constitute one of the frontline institutions
confronted with the issues involving sovereignty? while charged with
providing reliable and equitable adjudication of increased numbers of
criminal matters and complex civil litigation. Tribes and their court
agonize over the same issues State and Federal courts confront. Child
sexual abuse, alcohol and substance abuse, gang violence, violence
against women, child neglect, pollution of the air, water, and earth,
are just some of these common yet complicated problems that arise on
Indian reservations. The vast panarama of cases handled by the 500 plus
tribes in their courts would significantly increase the caseloads of
Federal District Courts and also local State courts, if tribal courts
no longer existed. The increased cost to Federal and State courts would
also result in major budget short falls.
The recent trend of the United States Supreme Court toward judicial
termination poses the greatest threat to tribes since the allotment era
of the 1 91h Century and Congressional termination of the mid-20th
Century. This trend runs counter to the proclaimed Federal policy of
self-determination that has repudiated the allotment and termination
policies.
America's Third Sovereign, the Indian tribes, occupying Indian
Country come before this distinguished body to ask that you utilize the
plenary power of Congress in Indian affairs conferred upon you by the
Indian Commence Clause, article 1, Section 8, clause 3, of the Untied
States Constitution. We request that you restore and reaffirm the
inherent regulatory and adjudicatory authority of tribes over all
persons and all land within Indian Country as defined in 18 U.S.C. Sec.
1151. This approach would place the exercise of jurisdiction in the
hands of the? Tribes and the extent of it within their organic
documents and case law making it a question of tribal law.
Again I want to thank you for this unique opportunity that you have
provided on behalf of my tribes and all the Indian tribes.
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