September 8th, 1996

The Dann family of the Western Shoshone Nation, the Western Shoshone Defense Project, and the Western Shoshone National Council are asking for your immediate assistance in protecting a site of cultural/spiritual significance.

Oro Nevada Mining Company has filed a Notice of Intent with the Bureau of Land Management to conduct exploratory drilling for gold directly on top of a hot spring located approximately one mile south of the Dann ranch in Crescent Valley, Nevada. The drilling is scheduled to start in early September and may begin any day now. The Danns and the W.S.N.C. have informed the B.L.M. and the mining company that the hot spring and the surrounding area is extremely important spiritually and culturally and requested that it not be disturbed by mining activity.In response to these requests Oro Nevada has repeatedly mislead Western Shoshone representative and moved forward with their exploration plans. Past exploratory drilling has destroyed other hot springs in the area. The hot spring adjacent to the Dann ranch is especially vulnerable because of its low flow. The intrusions of mining activity onto their sacred area represents an attack on freedom of religion, a right guaranteed by the United States Constitution. Public pressure must be applied to force the BLM and Oro Nevada to respect the rights of the Western Shoshone and preserve their cultural sites.


BACKGROUND

The U.S. Constitution states that treaties, agreements between sovereign nations, are the supreme law of the land. The 1863 Treaty of Ruby Valley between the U.S. and the Western Shoshone Nation remains in effect, affirming the sovereign status of the Western Shoshone and recognizing the boundaries of their territory. The destruction of cultural sites and water sources was clearly not intended to be permitted through the Treaty of Ruby Valley. Oro Nevada's activities fall within the boundaries of the Western Shoshone Nation and violate the Treaty and the U.S. Constitution.

Oro Nevada Mining Company first appeared in the Crescent Valley area in early spring 1996, staking claims on most of the so-called public lands surrounding the Dann ranch. In July 1996 Oro Nevada purchased the neighboring Dean Ranch, 48,276 acres of private land spread across the Dann's traditional use area. In total, Oro Nevada controls over 94,000 acres of land in the Crescent Valley area. The company is completely owned by Oro Nevada Resources Inc. of Toronto, Ontario Canada and selling stock through the MVP Capital Corporation, also of Toronto. They were able to raise 40 million dollars almost overnight to fund the purchase of the Dean Ranch and their exploration activities in Crescent Valley. One of the founding directors is a wealthy Canadian geologist named Ian Parks who has connections with mining ventures around the world.

The Danns live on one of the few areas surrounding the world famous "Carlin Trend" ore body that has not been extensively explored or impacted by gold mining ventures. These activities by Oro Nevada represent the final invasion of trans-national gold mining ventures on the traditional lands of the Dann family. The potential of these activities to destroy the hot spring and other cultural sites represents not only an attack on the Dann family but on the cultural integrity of the Western Shoshone Nation. The destruction of sacred sites is an attempt at the destruction of the spirit. These acts constitute genocide against the Western Shoshone Nation.


WHAT WE ARE ASKING

1. Phone calls, faxes and letters area needed to the BLM and Oro Nevada. Calls and faxes are better because of the immediacy of the situation. Important to make are:

The Danns and the Western Shoshone National Council have asked that no drilling or other mining activities occur in Section 10, Township 28 North, Range 49 East, the area containing the hot spring. The United States government has still failed to provide documentation on how they acquired legal title to Western Shoshone lands. Until they prove title has been legally transferred, the Western Shoshone retain their rights and responsibilities towards their traditional territory. Mining companies and the Federal government must respect the wishes of the Dann family and the Western Shoshone Nation.

The U.S. Constitution guarantees the freedom of religion. This freedom is meaningless if the sites connected to the practice of the religion are destroyed. Other laws protecting cultural sites such as the American indian Religious Freedom Act, and the National Historic Preservation Act have been ignored in regards to the drilling around the hot spring.

Hot springs are rare and represent places of very significant cultural and spiritual value to the Western Shoshone. If a hot spring is destroyed it cannot be replaced. Drilling has damaged or destroyed hot springs in the past. The destruction of these sacred places represents a continued genocide against the Western Shoshone.

You support the Western Shoshone in their desire for the hot spring and other cultural areas to remain undisturbed.

The following individuals and companies should be contacted immediately and frequently:

2. People may be needed to participate in protests on non-violent civil disobedience to protect the hot spring and other cultural sites in the area. This would be a last resort if other avenues fail to persuade the BLM or Oro Nevada. Call us if you would be able to come out to Crescent Valley to assist. Please remember that the Western Shoshone continue to abide by the 1863 Treaty of Ruby Valley, a treaty of "Peace and Friendship" with the United States. We are committed to non-violence. Firearms, drugs and alcohol are strictly prohibited! Please call us first if you come out!

3. Donations of money and office supplies are always need. Research is needed on Oro Nevada and its Canadian relations. We are especially interested in discovering what individuals and/or companies have invested in oro Nevada Resource Inc. or MVP Capital Corp.

October 1st, 1996

The Dann family of the Western Shoshone Nation, the Western Shoshone Defense Project and the Western Shoshone National Council would like to thank you for your concern and the response to the September 8th, 1996 Action Alert. Your actions in support of protecting this cultural and spiritual site to the Western Shoshone are greatly appreciated. Following is an update of recent events and related information. Due to very limited financial resources we are unable to send this information out to our entire mailing list. We are asking you for help in distributing this update through your own networks and contacts. It is ciritical to keep up the public pressure on the BLM and Oro Nevada, and also call on President Clinton and Secretary Babbitt to live up to their obligations and open nation to nation negotiations with the Western Shoshone.

On September 12th, 1996 Oro Nevada Mining Company submitted an amendment to their Notice of Intent to the Bureau of Land Management. In this notice Robert A. Jones, president, states that "drilling will be concentrated in Section 3 which is private land owned by our company." In the attached map Oro Nevada clearly removes Section 10, wherein lies the hot spring, from the proposed drill area. However, the threat to the hot spring remains. Section 10 is the square mile division immediately south of Section 3. Therefore, Oro Nevada's drilling in Section 3 can still potentially reduce or destroy the flow of the hot spring which lies on the edge of Section 10. Because the actual drilling will occur on private land, Oro Nevada is no longer subject to the jurisdiction of the BLM or federal law. This means that Oro does not have to provide any information to the public or the BLM regarding their drilling activities on Section 3. Drilling can still begin any day now. We need to clearly state that despite Oro's amendment, the BLM and Oro Nevada are still fully accountable to any endangerment to this Western Shoshone cultural / spiritual site.

Oro Nevada officials continue to put pressure on the Dann family, entering the Dann ranch without invitation or prior notice and refusing to allow their conversations to be videotaped or documented. They are trying to negotiate a "deal" with the Dann family and are making offers to buy out the ranch. Oro officials need to understand that they must respect Western Shoshone land rights, the Dann family and their ties to their traditional lands.

Many people who have called the BLM and Oro Nevada have informed us that they were told that mining is permitted by the 1863 Treaty of Ruby Valley. The BLM only cites the Treaty when it is convenient for them, dismissing its relevance when brought up by the Western Shoshone. By invoking the Treaty to justify their actions, the BLM provides a good opportunity to discuss the Treaty as an agreement between sovereign nations. The section pertaining to the Treaty reads as follows:

It is further agreed by the parties hereto, that the Shoshonee country may be explored and prospected for gold and silver, or other minerals; and when mines are discovered, they may be worked, and mining and agricultural settlements formed, and ranches established whenever they may be required. Mills may be erected and timber taken for their use, as also for building or other purposes in any part of the country claimed by said bands.

As illustrated above, one of the rights granted to the U.S. by the Western Shoshone Nation was permission to mine on their lands. One might assume then that the proposed exploratory drilling is permitted under the Treaty. Yet, such an assumption is contrary to established treaty law. Treaties are agreements between sovereign, independent nations. The U.S. Supreme Court has ruled that treaties are to be interpreted as the native peoples would have understood them at the time of signing. At this time (circa 1863) mining was conducted by the construction of shafts extracting visible veins of gold, or by panning visible granules found in streambeds. The Western Shoshone in no way agreed to the scale, intensity or form of modern open pit heap leach gold mining. They also did not agree to the destruction of cultural/spirtual sites through the mining process. At the time of the signing of the Treaty, the 1872 Mining Law which has given so many "rights" to companies mining on "public" lands, did not even exist. It also applies only to U.S. Federal land. To this date, the U.S. has not proven how they acquired legal title to Western Shoshone land. As the "supreme law of the land," the Treaty of Ruby Valley is not restricted or diminished by the 1872 Mining Law.

It should be understood that these treaties do not give rights to Native Americans, they grant certain rights to the United States and its citizens. Those rights, not specifically ceded in the document remain intact. As the original inhabitants of Newe Sogobia, the Western Shoshone retain their inherent rights and responsibilities towards the waters within their original territory. Thus the potential destruction of water sources by mining is in violation of the Treaty of Ruby Valley and an infringement upon Western Shoshone sovereignty.

As in agreement between two nations, the Treaty cannot be unilaterally interpreted or enforced. While it is not the desire or intent of the Western Shoshone to immediately shut down the entire mining industry within their territory, the continuing expansion of mining on Western Shoshone lands is certainly an issue of concern which must be discussed as part of nation to nation negotiations between the U.S. and the Western Shoshone Nation.


How You Can Help:

• The so-called "negotiations" process that began in 1994 between Western Shoshone IRA governments (federally funded tribal entities) and the U.S. Department of Interior has allowed only for the discussion on how to distribute the Claims money with the U.S. government refusing to discuss the Treaty of Ruby Valley or land rights. The Federal government is pushing for the money distribution because this result would "officially" close the argument of Western Shoshone title over their lands. Tell Bill Clinton and Bruce Babbitt that it is their responsibility to 1) open nation to nation negotiations with the Western Shoshone regarding land rights and the Treaty of Ruby Valley and 2) stop the destruction of Western Shoshone sacred sites.

DECEMBER 10,1996

ORO NEVADA MINING COMPANY BEGINS DRILLING
FOR GOLD NEAR DANN FAMILY HOME

BACKGROUND...
Starting this spring, Oro Nevada Mining Company, a Canadian gold mining firm, began posting mining claims throughout Crescent Valley, Nevada, the traditional lands of Western Shoshone grandmothers, Mary and Carrie Dann. Since the outset, the Dann family and the Western Shoshone National Council have repeatedly asked Oro Nevada not to disturb particular areas that hold cultural importance. In August, Oro Nevada told the Bureau of Land Management (BLM) they were planning to conduct exploratory drilling in Section 10, T28N, R49E. Within this Section (one-square mile), is a hot spring that has been used by the Dann family for generations. Hot springs hold a very important place in Western Shoshone traditions. The mining company's plan to drill near the spring creates the potential to disturb not only this fragile water source, but also the oral history and traditional knowledge associated with it.

In response to Oro's planned activities, the Western Shoshone Defense Project (WSDP) mailed an "Action Alert" to our network of supporters from around the world, calling for letters, faxes and phone calls protesting the company's disturbance of this sacred place and their disregard for Western Shoshone land rights. The response was immediate. Scores of letters, statements and resolutions came from individuals, organizations and governments, including the International Indian Treaty Council and the Ely Shoshone Tribal Council. As a result of the pressure people placed on Oro Nevada, the company retracted its initial plan to drill in Section 10 containing the hot water. But that was not the end of the matter. Oro still has a broad exploration program ahead, including drilling thousand-feet holes in the section immediately adjacent to the hot spring, Section 3. (For more info see Update, October 1, 1996).

THE CURRENT SITUATION...
For months the WSDP has awaited the arrival of Oro Nevada's drilling equipment. Finally, on November 19th, 1996, the Oro Nevada Mining Company rolled its machinery up to the edge of the Cortez Mountain range, along Dewey Dann Creek. The creek, the namesake of Mary and Carrie's father, is a perennial that flows from the top of the Cortez range down to the Dann's homestead. The drilling rig has been a permanent fixture since its arrival, including a night-watchman that guards the machinery. To date, Oro has completed at least four of the planned sixteen, thousand-feet-deep holes near Dewey Dann.

The same day the drilling began, 3 federal BLM agents visited the WSDP base camp and office. They wanted to ensure the safety of the drilling rig and its operators. WSDP staff volunteers assured the federal agents of our adherence to non-violence. We also made very clear to them that the Dann lands are under Western Shoshone jurisdiction.

By late December, Oro Nevada intends to begin drilling in Section 3. This section is between Section 10 (containing the hot spring) and Section 4, where the WSDP base camp is located. Given the depth of the drill holes, and the close proximity of the hot spring to the section boundary line, there is still a strong threat to the hot water.

Research on Oro Nevada has revealed that the company is not directly connected to any of the major transnational mining corporations. Yet, the WSDP believes that if Oro's exploratory drilling program is successful in locating a profitable gold deposit, Oro will either form a joint-venture with- or be bought-out by a larger gold mining corporation. Destructive mining practices in Newe Sogobia occur without any control or input from Western Shoshone people. It is critical that we voice concern over Oro Nevada's activities because, like the other mines in the area, Oro continues to disregard the Danns' traditional lands, Western Shoshone land rights and responsibilities.

HOW YOU CAN HELP:
1. The so-called "negotiations" process that began in 1994 between Western Shoshone IRA governments (federally funded tribal entities) and the U.S. Department of Interior has allowed only for the discussion on how to distribute the Claims money with the U.S. government refusing to discuss the Treaty of Ruby Valley or land rights. The Federal government is pushing for the money distribution because this result would "officially" close the argument of Western Shoshone title over their lands. Tell Bill Clinton and Bruce Babbitt that it is their responsibility to 1) open nation to nation negotiations with the Western Shoshone regarding land rights and the Treaty of Ruby Valley and 2) stop the destruction of Western Shoshone sacred sites.

Secretary of the Interior Bruce Babbitt
US Department of Interior, 18th & C St. NW, Washington, DC 20240
ph: 202-208-7351, Email: Bbabbitt@ois.doi.gov

US President Bill Clinton
The White House, 1600 Pennsylvania Ave., NW, Washington, DC 20500
ph: 202-456-1111, fax: 202-456-2461, Email: president@whitehouse.gov

2. The phone calls, letters and faxes to Oro officials and the BLM have been effective. The BLM needs to know that as representatives of the Federal government they need to push for meaningful negotiations with the Western Shoshone. Keep up the pressure and continue to state to Oro Nevada that they must respect the wishes of the Dann family and the Western Shoshone Nation.

Anne Morgan
BLM State Director, 850 Harvard Way, P.O. Box 12000, Reno, Nevada 89520-0006
ph: 702-785-6400, fax:702-785-6411

Helen Hankins
District Manager, Elko BLM , P.O. Box 831, Elko, Nevada 89803
ph: 702-753-0200, fax: 702- 753- 0255

Robert Allen Jones
President, Oro Nevada Mining Company
6490 South McCarran Blvd., Bldg D-1, Suite 34, Reno, Nevada 89509
ph: 702-825-7499, fax: 702-825-5277

Michael Farrugia
Oro Nevada Resources Inc., 20 Adelaide St. East, Suite 200, Toronto, Ontario M5C 2T6

3. The Western Shoshone Defense Project is one of the only organizations that addresses the environmental and cultural impacts of mining in Newe Sogobia. Much needed contributions of money and office supplies will help us continue our work.

For More Background Information:
See the September 8th, Action Alert! and the October 1st Update.
Or Contact the WSDP at POB 211308, Crescent Valley, Nevada 89821
ph 702-468-0230, fax 702-468-0237, email: wsdp@igc.org

DECEMBER 10,1996

In the spring of 1995, Lander County Commissioners appointed new members to the Rock Creek Advisory Board. They were given the assignment that many others before them had failed to complete: construct a recreational dam and reservoir at Rock Creek. For the past year and a half, the Board members have been active and vocal in promoting the dam project. Contracted firms have prepared initial engineering studies, the Bureau of Land Management archeologists and anthropologists combed the area, water rights negotiations and land acquisition deals were pursued. Each monthly Advisory Board meeting was followed by newspaper articles, chronicling their progress. Yet, there was always one agenda item the Board reluctantly approached--public comments. Heart-shaped pool and spring at Rock Creek

 

Heart-shaped pool and spring at Rock Creek

Rock Creek has been a gathering and religious place for Western Shoshone for thousands of years. This is confirmed by oral traditions and archeological evidence. Rock Creek continues to be valued and used by Western Shoshone families and communities, reinforcing strong cultural traditions. It contains spring waters used for healing. It is also the burial grounds for Western Shoshone ancestors, some of whom are remembered by name. Because of this long, rich history that is still unfolding, Rock Creek has become a strong rallying point for all Western Shoshone communities. Letters from Western Shoshone governments, organizations and individuals produced a constant stream of opposition. In March 1996, a press conference was held in Reno, Nevada, announcing the Battle Mountain Tribal Council's intent to bring the dam project into costly litigation. The event was attended by over eleven Western Shoshone and Washoe government and organization representatives.

Faced with growing and widespread opposition, the Lander County Commissioners turned back to their electorate. On the November 5th ballot, Lander County voters were asked whether the Rock Creek dam project should continue to be pursued, or if it should be abandoned. Local organizations, including the Western Shoshone Defense Project, Citizen Alert Native American Program, the Battle Mountain Band Council and the Nevada Indian Environmental Coalition circulated fliers and purchased newspaper ads to let the County voters know the importance of Rock Creek to the Western Shoshone Nation.

On November 6th, the results were posted... Rock Creek was overwhelmingly voted down with a 1,522 to 647 margin! As Battle Mountain Chairman, Gelford Jim stated, "(the vote demonstrated)...the protection (of) the right of Indian people to continue to practice their religion in the places we hold sacred as our ancestors did for over seven thousand years."

Although we celebrate this victory, the fact remains that Rock Creek is still vulnerable to future devastation. Rock Creek lies next to what is called the "Carlin Trend," a world-renown gold deposit that is currently mined by several transnational gold corporations. No more than a mere eighteen miles east of Rock Creek lies one of the larger mines in northeastern Nevada. The mine is pumping over 70,000 gallons per minute from the water table to access microscopic gold particles found thousands of feet deep. These mines are constantly exploring new areas and expanding their operations.

We must now work to protect Rock Creek for the long-term. The WSDP is researching avenues to return all or critical portions of Rock Creek to Western Shoshone management. We welcome suggestions on this matter.

Article by Jennifer Allen, WSDP Volunteer. For more information, please contact:
Western Shoshone Defense Project, PO Box 211308, Crescent Valley, Nevada, 89821
Ph 702-468-0230, Fax 702-468-0237, Email: mailto:wsdp@igc.org