Copyright © 2001 NLThomas
All Rights Reserved

Senator Harry Reid (D-NV) has again commenced efforts to perpetrate a US fraud against the Western Shoshone people by introducing SB 958 to distribute $120 million dollars to 15,000 individual Western Shoshone citizens ($8,000 ea.) for 26 million acres of sovereign Western Shoshone property, that has never been for sale. Western Shoshone leaders have opposed distribution of the Indian Claims Commission Award for 22 years. Reid is attempting to work around tribal leaders representing the vast majority of Western Shoshone citizens by targeting individuals living near poverty level with a money-waving marketing campaign.

We have fought for centuries to maintain our existence as a distinct people and to protect our property. From our efforts we won a treaty that emanates from International Law, signed in 1863, the Treaty of Ruby Valley is one of "peace and friendship" with the United States of America. The Treaty reserves the vast majority of Western Shoshone property allowing only for small grants of land to the US for forts and rights of way used to ship gold from California to finance the Union in the American Civil War. Our lands are not within the boundaries of any state or jurisdiction of United States courts according to the Treaty and the Nevada Enabling Act.

Stop Reid from completing fraud against the Western Shoshone Nation and protect the jurisdiction and sovereignty of the Western Shoshone people that is directly connected to our land. Please oppose any effort by Reid to pass legislation to distribute the Indian Claims Commission Award Docket 326 A and Docket 326 K.

SB 958 would rip-off the Western Shoshone Nation by the United States today for land never lawfully sold. This would be done in violation of law by unscrupulous politicians on behalf of unaware Americans to a people that have been weakened by acts of racism, discrimination, radioactive poison, and other acts of attrition.

SB 958 would close the 1951 Indian Claims Commission case feeding the perception that justice has been served allowing Reid to distribute Western Shoshone property to cities, counties, and the state. Western Shoshone Lands are constitutionally protected under the terms of the 1863 Treaty of Ruby Valley sharing equal status with the US Constitution, Article 6, Section 2, "This Constitution...and all treaties made...shall be the supreme law of the land." Congress cannot legislatively supersede the US constitution. To do so may be constitutional subversion a high crime and treason. The Treaty and US Constitution can only be changed by a two-thirds vote of Senators or three-quarters vote of a referendum the states.

SB 958 will use discrimination to determine eligibility of who a Western Shoshone is. Blood quantum is discrimination focusing it on our most vulnerable citizens, our children. The Western Shoshone Nation does not discriminate against our children by using a measure of inherent quality of race. Discrimination by this method was started by the US as a policy to get rid of Indians. All of our children are Western Shoshone citizens…our future!

SB 958 does not provide for a land base necessary for the growth and development of the Western Shoshone Nation as contemplated by the 1863 Treaty of Ruby Valley, ensuring instead that the current condition of economic starvation continues on the tiny colonies and reservations.

SB 958 would undermine our effort to prevent high-level nuclear waste from being stored at the proposed Yucca Mountain repository. The Department of Energy must prove site ownership to receive a license from the Nuclear Regulatory Commission but cannot get one if it does not own Western Shoshone property. The Nuclear Regulatory Commissioner will not issued a license if the Department of Energy does not own Yucca Mountain.

SB 958 would undermine our efforts to obtain accountability and compensation from the United States to address adverse health effects from the 934 nuclear weapons tests conducted on Western Shoshone lands in violation of the Treaty. Thousands of Western Shoshone have been hurt by radiation or lost family members. They deserve millions for their suffering and loss, not to be ripped-off by Reid.

SB 958 will avoid just compensation under the Fifth Amendment, which would provide approximately $20 billion to the Western Shoshone Nation and ensuring negotiations of a reasonable reservation is established as contemplated by the Treaty. In the US v. Sioux Nation, 448 US 371 (1980) the Supreme Court held that a taking by the US in violation of a similar treaty was covered by the Fifth Amendment including compound interest. The US has made no equitable offer of settlement, and the Western Shoshone Nation is under no obligation to sell Western Shoshone property. It is true that the Western Shoshone need money to meet their basic living needs, but not by selling Mother Earth. Opportunities for growth and development pass over the Western Shoshone Nation going to Reid’s special interests.

Reid no longer supports truth, justice, or equity for the Western Shoshone Nation. Reid fails to recognize there is a title dispute. Reid is playing Washington politics with Western Shoshone basic human rights and Western Shoshone property. Reid has the power to do the right thing, but has chosen to violate the Western Shoshone people.

Reid the politician has created a media campaign to attack outspoken Western Shoshone citizen Carrie Dann honored recipient of the 1993 Right Livelihood Award. Carrie Dann was acquitted of trespass when grazing livestock within Western Shoshone treaty lands in the case US v. Dann. Ms. Dann, like all Western Shoshone citizens are property owners in "privity" with all other Western Shoshone. Reid called Ms. Dann "despicable" for resisting Bureau of Land Management regulation of Western Shoshone property. On July 19, 2000 in the Las Vegas Review Journal Reid attacked Western Shoshone leaders stating that tribal leaders, " are living in a dream world."

The Western Shoshone Nation cannot assume US jurisdiction is legitimate, but if it were, the courts may avoid or correct a prior judgment between the same parties if the judgment was based on a mistake, or substantial change in the circumstances that give continuing effect to the judgment is unjust, or because there has been an intervening change in the governing law. See American Law Institute Restatement of Judgments, Second, §§ 71,73. The Indian Claims Commission process was an unjust tool used to undermine tribal title. It is an outdated method to defraud the Western Shoshone Nation of their property.

Now you can end the ongoing harassment of individual Western Shoshone exercising their constitutionally protected treaty rights by helping the Western Shoshone people. Your good name signed to a letter sent to the Senate Committee on Indian Affairs stating your opposition of a distribution bill is important and will make the difference. Tell the senators a bill should not move forward. Write:

Chairman Ben Campbell (D-HI) Committee on Indian Affairs 838 Hart Office Building Washington, D.C. 20510 Senator Daniel Inouye (D-HI) Committee on Indian Affairs 838 Hart Office Building Washington, D.C. 20510 Senator Paul Wellstone (D-MI) Committee on Indian Affairs 838 Hart Office Building Washington, D.C. 20510 Senator Akaka (D-HI) Committee on Indian Affairs 838 Hart Office Building Washington, D.C. 20510

Senator Barbara Boxer (D-CA) 112 Hart Senate Office Building Washington, DC 20510 Senator Dianne Feinstein (D-CA) 331 Hart Senate Office Building Washington, DC 20510 Senator Richard Bryan (D-NV) 269 Russell Senate Office Building Washington, DC 20510 Senator Harry Reid (D-NV) 528 Hart Senate Office Building Washington, DC 20510 Contact also: Members of the Committee on Indian Affairs

Your help now will help insure that the Western Shoshone Nation has the opportunity to grow and develop without losing title to our land, ensuring that future generations of Western Shoshone will have the benefits of their land, Mother Earth.

(Your address)

(Date)

(Senator)

Hart Office Building

Washington, D.C. 20510

Dear Senator,

I am oppose SB 958 a bill to distribute the Indian Claims Commission funds to individual Western Shoshone against the will of their elected leaders.

Currently proposed bills do not include provision for a land base, the means of production, growth and development for the Western Shoshone people.

Currently proposed bills are inequitable by not paying the Western Shoshone just compensation under the Fifth Amendment applying a dual standard for Native Americans.

The Western Shoshone Nation has never ceded land to the US and the Treaty of Ruby Valley confirms that fact. Senator Reid intends to deceive by omitting facts to avoid the truth of Western Shoshone property ownership.

The Western Shoshone Nation is owed a debt for making the 1863 Treaty of Ruby Valley with the United Stated allowing for gold to be transported during the war between the states helping to preserve our union as the USA. Article IV and VII of the treaty show agreement by the Western Shoshone Nation to grant, and by the US to purchase, the interests involved, necessarily implying Western Shoshone property ownership.

I am doing my part to see that the US does not continue the practice of defrauding Native Americans who have suffered for the freedoms we all enjoy. I urge you Senator to oppose SB 958, legislation to distribute the Indian Claims Commission Aware in Docket 326 A/K. And, instead open an investigation into fraud against the Western Shoshone Nation to determine the full extent of physical injury to the Western Shoshone people and damage to the land so culturally appropriate compensation may be given including both land, funding and other needful assistance.

Sincerely,

(Your name)