Press Release

December 19, 2002

Despite continued federal intimidation, Western Shoshone move forward on seeking land talks.

At 10:50 a.m. on December 17, 2002, Carrie Dann watched as two federal agents pulled up to her family's home. The agents were there to serve a notice of unauthorized use and order to remove livestock from lands claimed as "federal lands" by the Bureau of Land Management.

When Ms. Dann did not accept service, the notice was tossed on the ground by one agent stating "consider yourself served."

The second agent said that wasn't good enough and as Ms. Dann was reentering her home, he reached around her and threw the documents through the doorway and into the family home.

The notice gives the Danns 5 days to respond or to face possible impoundment of the livestock.

The fifth day falls on Christmas Eve. The notice was served without a response to the Danns request (see attached letter of Nov. 29, 2002 from attorneys for the Danns to Helen Hankins/BLM) that they be provided with copies of data being relied upon by the BLM to assert range conditions and the opportunity to discuss the BLM's position on Western Shoshone land negotiations.

Under threat of another federal raid and increased threats to the lands, the Western Shoshone are continuing to move forward in efforts to engage the United States in good faith discussion with the Western Shoshone over land issues.

Several community meetings have been held over the past month and half and additional meetings are being scheduled. Topics of the meetings have included:

1. creating dialogue between the Western Shoshone and with private, state, local and federal interests;

2. Mapping and the use of maps in negotiations; and

3. techniques for negotiations strategies. Upcoming meetings will include continuing discussion of these topics and workshops on indigenous rights and history of the Western Shoshone case. An initial meeting has been held with Congressman Gibbons and Senator Ensign's offices and discussions are in place with Senator Reid's office although they have not yet agreed to a meeting on the issue of land.

"The state and federal government have known for many years that the Western Shoshone Nation has wanted to enter into a discussion regarding land," stated Fermina Stevens, Chairperson of the Elko Band Council and Te-Moak Tribal Council Member. "In fact, Elko Band as well as other Western Shoshone communities have worked diligently to identify areas and make proposals to the U.S. However, to date, we have received no commitment or acknowledgment of our land or treaty rights from the United States. They have been asked to provide documents regarding bill of sale or cession of land -- apparently they have no such documents. The U.S. is being unfair and unjust with regard to addressing the issue of Western Shoshone land in order that we can provide for ourselves, culturally and economically."

For additional information please contact the Western Shoshone Defense Project at 775-468-0230 or email: wsdp@igc.org .

Following is the Nov. 29 letter referenced in the WSDP's Dec. 19 press release. (Written by Deborah Schaaf, Indian Law Resource Center, Helena Montana, 406-449-2006)

November 29, 2002

Helen Hankins, Field Manager Bureau of Land Management Elko Field Office 3900 East Idaho Street Elko, NV 89801

CERTIFIED MAIL:

Dear Ms. Hankins:

We are writing to respond to your letter of November 21, 2002. You note therein that the Danns informed your office by letter of June 5, 2002, that because of their concern for the range and resource management, they were taking steps to round up and remove a number of horses in the so-called Buckhorn Allotment with the intention of leaving an optimum number of 100 horses on the range.

As you also noted, the Danns made it clear that this roundup and removal was being undertaken in a manner without risk of harm to the animals and as the temperature permitted.

In your letter you ask for confirmation of the Danns' continued intent to remove the animals. As you know, the Danns did remove a large number of horses last summer. Please be informed that it is and has been their intent to roundup and remove additional horses for sale in accordance with the terms outlined above.

However, it should not surprise you to learn that the BLM enforcement action on September 23, 2002, the seizure and sale of over 200 head of the Danns' cattle has hindered the removal of additional horses.

The Danns were forced to bring their remaining livestock in early, filling holding areas which would otherwise have been used to contain the horses.

The Danns are understandably concerned that if those cattle are turned back out, and the horses brought in, the cattle will be forcibly seized and auctioned in a repeat of your earlier action. Of course, as you know, this livestock is essential to the Danns' economic livelihood, which has already been seriously jeopardized by the September 23rd raid.

We note also that your most recent action of sending a helicopter out to (as you have said) "account for" the remaining horses has put undue and unnecessary stress on the Dann family as they prepared for the coming holiday. It has also scared the horses away from good range areas to those areas the BLM claims are poor.

The Danns ask that the BLM notify them in advance of any further such action(s), and that you inform your pilots to use caution and fly at appropriate distances so as not to worsen the situation.

The Danns will and are making plans to round up and sell additional horses. They are anxious to protect the range and stream conditions. But they need the cooperation of your office to ensure that those efforts will be fruitful.

Your letter references data collected in Brock and Cottonwood Canyons. We request copies of that data and any other data collected in other areas to reflect a comparison of conditions. In your letter you also state that streams and springs are in "non-functioning" condition. Please describe what you mean by "non-functioning."

As you know, the Danns are extremely concerned about the de-watering processes employed by mining operations in this area.

As far as conditions for livestock, the evidence that the Danns have seen from the livestock already brought in, notably the cattle auctioned through your office on October 4, 2002, is that the livestock are in prime shape hardly consistent with a diet of "dirt and weeds."

Finally, if the BLM has other information about range conditions that would be useful to the Danns in making management decisions in this and other areas, please share that information with us so that the removal can be performed in the most expeditious and fair manner as possible.

The information should include any data collected on fencing, either by the BLM or private parties, and the effects of that fencing on range conditions and livestock movement.

Finally, your letter states that the BLM remains interested in a resolution of the long-standing disputes regarding these lands.

The Danns would like nothing more than to see a fair resolution of these issues and to move toward a cooperative relationship with the BLM.

The BLM could learn much from the Danns, whose Western Shoshone ancestors have been the caretakers of these lands for hundreds of years.

The Danns are also aware that full resolution of the issues of concern to them and to the BLM will require their cooperation and agreement. The Inter-American Commission on Human Rights has issued its preliminary report, and the final report is likely to be released soon. Therefore, the Danns are prepared to engage in discussions with the BLM to resolve mutual concerns about grazing and resource management issues (including a proposal for a cooperative management agreement).

Given the BLM's stated interest in resolving the conflict with the Danns, we ask that your office support the immediate commencement of good faith negotiations to identify and recognize adequate lands and resources for the cultural and economic prosperity of the Western Shoshone Nation.

We welcome the opportunity to meet with your office or other interested federal offices to further discuss reasonable approaches to the commencement of these negotiations.

Sincerely,

Deborah Schaaf

CC:

Regional Solicitor, Sacramento, CA

Nevada State Director

Wayne Robinson, Eureka County

Steve Boies, Nevada Cattlemen's Association