Report from London's Sunday Times on Western Shoshone Victory
Western Shoshone Defense Project
P.O. Box 211308
Crescent Valley, NV 89821
775-468-0230 775-468-0237 (fax)
The Sunday Times April 23, 2006
Defiance in the land of the free
A Native American woman is at war with the US. For 30 years she's been
fighting to keep her ancestral land - and now the United Nations is on
side. Report by Nicola Graydon
The government came for the horses at dawn. It was spring 2003 and it
foaling season. A helicopter flew low over Pine Valley, herding them to
corrals. Some prematurely gave birth, others were trampled. Armed
agents stood by. By the end of the day, over 500 horses were taken to be
auctioned off to a local rancher. Not long afterwards some 50 carcasses
were dumped - the horses had starved to death.
Carrie Dann, a diminutive Western Shoshone grandmother who owned the
horses, refuses to talk about it. "Indians love horses," is all she'll
say. But she thinks it caused the death of her sister, Mary, who died
April. "After that," she says, "Mary went down real fast."
The 2003 round-up was the fourth military-style operation in one of the
longest-running land disputes in the history of America. For over 30
years, Carrie and Mary Dann have fought the US government for Western
Shoshone rights to 60m acres of land that stretch through Nevada into
neighbouring states. Until now, the harassment has hardly scratched the
conscience of America, but that might be about to change.
In March, in an unprecedented document, the UN demanded that the US
government halt all actions against the Shoshone and find a solution
acceptable to them and in accordance with their rights. This landmark
decision could force the government to transform antiquated federal
law. And if it does it will be in no small part down to the Dann
What she lacks in physical stature - she barely scrapes 5ft - Carrie
makes up for in presence and sheer bloody-mindedness. Her face is
weathered by decades in the saddle and a 20-a-day habit - and her
swearing doesn't endear her to government officials. "The Indian wars
ain't over yet," she says fiercely. "They're still happening here and
now." But, despite her defiance, she admits she's still afraid the US
government will confiscate her ranch to pay outstanding fines for
disputed grazing fees.
The Dann ranch isn't much to look at. A single-story rambling clapboard
house, it's surrounded by tall cottonwood trees and rusting wrecks.
Clifford, who famously threatened to douse himself in gasoline when the
"feds" first confiscated the family livestock in the early 1990s,
nine months in state prison as a result, lives in a trailer in the
He's now profoundly deaf. Carrie's severely disabled son is playing in
cabin of a tractor in the front yard.
Panes of glass have been replaced by cardboard and there's no central
heating. Cooking is done on a wood-burning stove. The only things that
place the ranch in the 21st century are the solar panels that replaced
generator last year.
But Carrie doesn't care about home comforts. Her grandmother, she tells
proudly, never had a bed. Anyway, the land is all that matters. "We've
been here since time immemorial," she says, as we make our way to a
dam to catch brown trout for dinner. "I was born here and this is where
I'll die, whatever the government says."
The ranch is dwarfed by the Nevada landscape. Crescent Valley stretches
away from it for miles like a vast carpet of desert shrubs and wild
To the naked eye, it's a vast plain of nothing much - but the ranch is
some of the most expensive real estate in the world. Carrie Dann is,
literally, sitting on a gold mine.
Just down the road, the Carlin Trend, discovered in the 1960s, is the
second largest gold depository in the world after Witwatersrand in South
Africa, but the entire state is covered with open pits. Mining has
been Nevada's raison d'etre. There was a lull at the beginning of the
century; silver ran out and gold was yet to be discovered so the state
legalised divorce, gambling and prostitution. But today nearly 10% of
world's production of gold -- over half of US production - comes from
Carrie's ranch sits on the slopes of the Cortez mountain range, first
prospected in the original gold rush but as yet untapped. Not long
the 2003 round-up, Cortez Mining (a joint venture between Placer Dome,
largest mining operation in the area, and Rio Tinto) tried to introduce
legislation to privatise 60,000 acres for mining around Mount Tenabo,
most imposing mountain in the range.
Tenabo is sacred to the Shoshone for reasons other than gold, and the
ensuing uproar killed the bill but, for the Danns, this was just another
battle in an ongoing war of attrition.
The Danns' legal dispute began in 1973 when the Bureau of Land
Management fined the sisters for grazing their livestock on "public
lands": that is, land owned by the federal government. The sisters never
had any intention to pay. As far as they were concerned, they were
ancestral land ratified in the Treaty of Ruby Valley in 1863. Collection
notices still arrive at the tiny local post office but Carrie doesn't
bother to open them. "I probably owe $5m by now," she laughs hoarsely.
From 1974 to 1991 their case was shunted from court to court: through
the US District Court and bouncing backwards and forwards between the
Court of Appeals and the Supreme Court, which ruled against the Danns in
1985. "It was all totally wrong. I felt like we were being screwed by
federal court system all the way along. But sometimes I think that being
Indian means they can screw us whichever way they want."
The Western Shoshone had been screwed by earlier findings of
the Indian Claims Commission on which the Supreme Court based their
ruling. Set up by President Truman in 1946, ostensibly to honour Indian
rights and treaties, the commission ruled in 1977 that the
Shoshone had "lost" their lands in 1872 by "gradual encroachmemt" and
awarded $24m as compensation
"Gradual encroachment by what?" Carrie Dann sweeps her hand angrily over
the emptiness. "There's nobody else here - but the drilling rigs. In
the word was 'taken'. T A K E N. Now it's become 'lost to gradual
encroachment'. As far as I know, the constitution states that nobody can
take another's land unless it's by the federal government for public
and, even then, there are procedures to follow." However, the Western
Shoshone refused to take the money. "It's still there drawing interest,"
says Carrie. "I understand it's now over $130m." She snorts in derision.
"But no amount of money will make us give up the rights to our lands."
The Peace and Friendship Treaty of Ruby Valley of 1863 is one of the few
Indian treaties that didn't cede land, because nobody wanted it. It was
parched high desert; vicious in winter and equally so in summer.
The white settlers were looking for safe passage to the gold mines in
California during the great gold rush that began in 1848. Until then,
Indians of the interior had barely come into contact with white people.
But once the rush began, thousands of settlers began moving west with
rifles to shoot wild game and herds of livestock that grazed Shoshone
to dust. In just one year, 70,000 gold-seekers passed through Shoshone
The gold rush was devastating for native peoples. From 1848 to 1870 the
population dropped from 150,000 to 31,000. According to Carrie, only 10
families survived massacres in Ruby Valley itself.
The treaty allowed settlers to mine, ranch, cut timber and extract
resources but, crucially to the Danns' case, it recognised the Western
Shoshone as landowners.
The Shoshone nation stretches over four states: from Snake River in
through much of Nevada to the edge of the Mojave desert in
California and taking up a small corner of Utah. The treaty awarded the
Indians compensation for use of land at $5,000 a year for 20 years. It
never paid, and neither was a promised royalty for extraction.
The HQ of the Western Shoshone Defence Project (WSDP), set up by the
Western Shoshone National Council in 1991 to help the Danns' case, is a
trailer on scrubland off 6th Street in Crescent Valley, a barely-there
town that is mainly made up of mine workers.
Julie Fishel, a human-rights lawyer who's been with the WSDP for three
years, points out of the window: "There it is: the mountain they're
desperate to get their hands on." Mount Tenabo dominates the horizon.
Fishel became involved with the Danns in 1998, beginning full-time work
their case in 2001 when she received a desperate call asking her to help
them respond to a bill that was being introduced by Harry Reid, Nevada's
Democratic senator, to force the distribution of the disputed monies the
Shoshone have never claimed. Fishel began to turn their case around.
Reid has widely-reported links with the mining and gaming interests that
have made Nevada one of the fastest growing states in the US. The Los
Angeles Times recently revealed sizable sums his sons and son-in-law
received for lobbying on behalf of mining companies in Nevada.
"They really needed my help. The spin against them in Washington was
claiming, basically, that they were almost terrorists. That really
me. I finally got to talk to someone in authority. When I
explained the situation, he said, 'This is completely different to what
have been told.' I asked him where he was getting this from. And he
'Senator Reid's office'."
Nonetheless the Western Shoshone Distribution Bill was signed by George
Bush in July 2004, forcing the Western Shoshone to accept the award at
$20,000 at person. But still the money is languishing in state coffers.
While the first gold rush was devastating to native peoples, the modern
gold rush that began in the 1980s and intensified in the 1990s is
disastrous for the environment. Thousands of acres of woodlands have
cleared, streams have been contaminated with cyanide and mercury,
is disappearing and the landscape is scarred by open pits a mile wide
towering waste dumps. Environmental experts say it could take 100 years
for the land to recover, and fear the consequences of the rapid
of the aquifer - a vast underground lake - by an
industry that wastes some 10m gallons of water a day per mine in the
arid state in the US. About 383 billion gallons of water have already
pumped from one mine alone. Yet the gold industry remains one of the
regulated of all extractive industries, with no federal environmental
guidelines and no requirements to clean up after the mines become
In a memorable indictment in The New York Times recently, John Leshy, a
lawyer for the Department of the Interior in the Clinton administration,
said: "Nevada is being written off as a sacrifice area for gold."
For the Indian communities that, like Carrie, still rely on the land for
ranching and subsistence farming, sacred pools used for ritual are
diminishing or poisoned; mountains of legend and folklore are dynamited
and turned into toxic waste dumps. "For us, the Earth is a sacred
thing," explains Carrie, seeming slightly frustrated at having to
explain once again what is, to her, a basic tenet of life. "We were
the Earth is like our mother, and we have to take care of our mother
because she gives us life.
The Earth, the air, the water and the sun are all sacred to us and they
are being destroyed, polluted and contaminated. For us, this is like
She admits that the treaty allows mining on Western Shoshone lands but
points out that, in 1863, this amounted to a few men with pickaxes and
explosives. But she's still willing to talk with mining representatives.
"We're prepared to meet with them. Is there such a thing as responsible
mining? I'll have to work that out for myself."
The Danns were one of the few Indian families who avoided moving to the
reservations or into town. They would retreat to caves in the mountains
avoid trouble. Once, her grandmother told her, they had hidden for
during an epidemic when clothes distributed as gifts by the military
infested the tribe with smallpox. "Their own records tells that 98% of
people died - killed by bullets or disease," she says
bitterly. "If you don't call that genocide, what is? But they still
In 1951 the Atomic Energy Commission chose Western Shoshone land to set
a test site for nuclear weapons. Between 1951 and 1992, the US and Great
Britain exploded around 1,000 nuclear devices there. More recently the
Western Shoshone invoked the treaty in a lawsuit against a
Department of Energy plan to make Yucca Mountain into a dump for the
country's nuclear waste. "We call that mountain Snake Mountain because
moves," one elder told me. And, sure enough, geological surveys indicate
the area around the mountain has more than its share of seismic shifts
The Western Shoshone call their land Newe Sogobia, meaning '"the
people's earth mother", and their creation myths tell them they were
placed here to take care of the Earth. Unlike other tribes who were
in reservations far from their original homelands or migrated to safety,
they have, at least, managed to stay.
The Dann ranch is as good a place as any to conduct a last stand. At
night, Carrie watches the lights of exploratory drilling rigs - or
horses", as she calls them - as they move around in the valley below
She has no idea how she will survive financially without her livestock
continues to catch fish and gather pine nuts. The few horses that remain
stay close to the ranch now, as if for comfort, and the land is missing
the cattle to graze back the grass that has
overgrown in an unusually wet summer. Fishel recalls the day of the
round-up: "Carrie was nearly broken by it. She was on the ground
sobbing. She said to me, 'Julie, I'm done. They've destroyed us.'"
The weekend I visit, the Shoshone are conducting the first sun dance in
Ruby Valley since 1941, after which Indian religious rites were banned
the Department of the Interior until the 1970s. It's an extraordinary
where dancers fast for three days and three nights while they dance to
point of exhaustion. It's said to connect the people to the sun in an
of self-sacrifice to both the Earth mother and the community. In this
it has brought together hundreds of Western Shoshone in the place where
the Treaty of Peace and Friendship was signed over a century ago. Nobody
is downplaying the significance. Carrie is hopeful it's a sign of a
"I want the spiritual rights of our people to be restored," she says.
that means we need our rights to the land, for that is where we
The UN decision in March has given long-awaited recognition to her
struggle and a July deadline for the US to report on compliance. The
Committee for the Elimination of Racial Discrimination in Geneva has
demanded the US recognise and protect the Shoshone's cultural and
spiritual practices. Carrie admits it's a huge step in the right
direction but she has further ambitions. "I want the United States
government to come to us and say, 'Our history is long and painful. We
have mistreated you. We massacred, raped, humiliated and starved your
people. We admit we committed acts of genocide.' That would be a good
thing. If they decided to put a price on that, I would accept the money.
But I will never accept money for this land.
"We've been put here by our creator to be custodians of this land. But
believe me when I say to you that we are not caring for these things
for Indian children. We are caring for these things for everyone's
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