ASSOCIATED PRESS
9/30/2003 10:37 pm
WASHINGTON — A group of Western Shoshone Indians
has sued the federal government for ownership of 60
million acres of property in four states, claiming
it as their ancestral land.
The 22-page lawsuit filed Monday also seeks
royalties from mining activity on the land, much of
it in Nevada, and nullification of a 1972 ruling
awarding the tribes $26 million in payments in an
earlier case.
The complaint could deepen divisions between
Western Shoshone members who favor receiving
individual payments from the earlier judgment and
those who fear that taking the money will extinguish
their claims to native land.
“We’re trying to address the land issue even
though Congress is not,” said Ian Zabarte, secretary
of state for the Western Shoshone National Council,
a tribal group that claims up to 15,000 members.
The Western Shoshone National Council, the South
Fork Band, the Winnemucca Indian Colony and the Dann
Band filed their lawsuit in U.S. District Court for
the District of Columbia.
Critics say the plaintiffs are trying to stall
judgment fund disbursements, which are supported by
a clear majority of tribal members.
“It’s sour grapes,” said Rep. Jim Gibbons, R-Nev.
“This is a small vocal minority of members that are
simply trying to upset the long-standing settlement
claims of Western Shoshone.”
Gibbons, who has authored legislation authorizing
payments of about $20,000 to 6,500 Western Shoshone
members, said issues raised by the lawsuit already
have been decided by the courts.
The Justice Department and the Bureau of Indian
Affairs declined to comment on the lawsuit.
The Western Shoshone ancestral land stretches
from the Snake River Valley in Idaho, in the east
from Salt Lake Valley in Utah, in the west across
most of eastern and central Nevada, and southward
into Death Valley and the Mojave Desert.
The complaint charges the United States violated
the 1863 Treaty of Ruby Valley which granted the
expanding nation access to Western Shoshone land.
The plaintiffs contend the treaty “expressly
recognized permanent ownership” of the land to the
tribe yet the government now owns most of it.
The lawsuit alleges the Bureau of Indian Affairs
“made material misrepresentations” and false
statements to prevent the tribes from rightfully
suing for ownership of their land.
BIA spokeswoman Nedra Darling said the agency had
not reviewed the complaint.
The lawsuit also seeks to overturn a 1972
judgment by the Indian Claims Commission which
compensated the Indians for the gradual encroachment
by the U.S. government.
The plaintiffs claim the $26 million judgment was
“fatally flawed” because there were constitutional
problems with the way the commission was
established.
If the court endorses the Indian commission’s
judgment, the tribes contend they should be given 36
million acres of aboriginal land that was not in the
1972 judgment.
In addition, the tribes say the government owes
them more than $14 billion in interest for the 24
million acres that were identified by the commission
to be Western Shoshone land.