YUCCA MOUNTAIN

"Stop Nuclear Waste form Traveling thought Your Neighborhood" (video clip) http://nuclearneighborhoods.org/images/nn-pub.swf
The government wants to ship 77,000 tons of deadly radioactive nuclear waste across the country by train, truck, and barge - Through our communities - In front of our schools - Passing by our homes.
Will your family be safe?
An accident or attack involving just one of these shipments could be catastrophic. Each transport container holds the equivalent of up to 240 times the long-lived radioactivity that was released in the Hiroshima bomb.
Deadly Yucca Mountain shipments would pass through 734 counties in 44 States. Nuclear disasters waiting to happen.
It is not too late. YOU can stop nuclear waste from traveling through your neighborhood.
Click here to contact your Senators http://nuclearneighborhoods.org/?propName=origin&propValue=pubcitizen/.
Click here to sign the Yucca Petition @ http://www.yuccapetition.org.

Yucca Mountain Nuclear Waste Storage would infringe on Native Rights . A tribal leader from Nevada and Native and non-Native environmental groups are disappointed with the House of Representatives vote today to approve Yucca Mountain as the nation’s nuclear waste repository... May 9, 2002

Hello All --

The Senate is expected to make its historic Yucca Mt. vote on Tuesday. The game plan is very simple -- call your senators; then call your Senators; fax your Senators; then get 10 others to do the same, all day Monday and Tuesday. If you need more information, visit our website at: http://www.neis.org

Here's how to get the job done this week:

1.) Keep those cards and faxes coming.... The best way still to contact your Senators to urge them to reject Yucca Mt. is either 1.) by FAXING a HAND-WRITTEN letter to his/her office, and/or 2.) CALLING their D.C. office, and giving your opinion to the receptionist. Time's up for procrastination -- if you haven't done this, you soon will not be able to, so please don't delay any longer. Then, get 10 others you know to do the same before Tuesday morning. Consider setting up a letter-writing party over a meal some night, and then splitting the cost to have them all faxed. Also, if you use Working Assets long-distance, you may be able to send a fax at least to Sen. Durbin this month any day FOR FREE, since he's listed in the Action section this month. Can't beat that, can you?

2.) For you electronic geeks: Here are all the url's you'll ever need to know to get your point across on Yucca Mt.:

Twenty years of effort go on the line this week. The effects will last at least 10,000 more. It's time for you to step up to the plate, and go above and beyond for two critical days this week.

Thanks for all. Stay well, and let's work a miracle this week!

Dave Kraft (847)869-7650; -7658 fax
NEIS
P.O. Box 1637
Evanston, IL 60204-1637
neis@forward.net
www.neis.org

"If you love a flower that lives on a star, it is sweet to look at the sky at night. All the stars are a-bloom with flowers..."

--The Little Prince--

"Justice is not a rally, no matter how big it is. Justice is not a wage, no matter how fair it is. Justice is a way of looking at life. It is a way of seeing every other person, and the rights of that person, and the work that that person does for you, and that you do for him. Justice is the way you fit in, and the way you allow other people to fit in. There is no lone justice. There is no solitary justice. There is no work of justice that isolates another person. Justice is the great unifying principle of all life. A single life may look for comfort. A single life may look for love. But all life, when it is lived together, looks for justice."

--novelist Thomas Cook--

Yucca Mountain Facts
http://www.yuccamountainfacts.org/
http://www.lii.org/yucca

Native American communities and Indian Reservations in Nevada and 16 other states would be directly impacted by thousands of shipments of civilian spent nuclear fuel and defense high-level nuclear waste under the U.S. Department of Energy (DOE) proposal to construct a waste repository at Yucca Mountain, Nevada. According to DOE's 1999 Draft Environmental Impact Statement (DEIS), there could be up to 96,000 cross-country shipments over 39 years.

A study prepared for the State of Nevada identified the following potentially affected Indian Reservations along the most likely highway and rail corridors to Nevada:

• Arizona - Hualapai and Navajo (I-10, I-40; BNSF/UPRR)
  
• California - Agua Calientes, Cabazon, Chemehuevi Valley, Ft. Mojave, Ft. Yuma, Morongo, Torres Martinez, and Hoopa Valley (I-10, I-40/I-15; BNSF/UPRR)
  
• Florida - Hollywood (I-95, FECR)
  
• Idaho - Fort Hall (I-15, UPRR)
  
• Iowa - Mesquakie(Sac & Fox) (UPRR)
  
• Kansas - Potawotamie (UPRR)
  
• Minnesota - Prairie Island (CP/Soo)
  
• Nebraska - Omaha and Winnebago (UPRR)
  
• New Mexico - Acoma, Canoncito, Isleta, Laguna, Navajo, and Zuni (I-10, I-40; BNSF/UPRR)
  
• New York - Cataraugas and Tonawanda (I-90, Conrail)
  
• North Carolina - Cherokee (I-40)
  
• Oklahoma - Choctaw, E. Shawnee, Kialegee Creek, Kickapoo, Miami, Modoc, Osage, Ottawa, Peoria, Quapaw, Sac & Fox, and Thlopthlocco Creek (I-35, I-40; BNSF/UPRR)
  
• Oregon - Umatilla (I-84; UPRR)
  
• Utah - Goshute, Ouray, Skull Valley, and Unitah (I-84/I-15/I-80/US93A; UPRR)
  
• Washington - Yakima (I-84; UPRR)
  
• Wisconsin - Oneida (WCRR)

All of the Indian Reservations identified by the State of Nevada study (PIC, 1995) would be affected by at least one of the shipping scenarios (mostly rail and mostly truck) proposed by DOE.

The State of Nevada has urged DOE to formally define affected Native American lands and resources to included the following:

1. reservations crossed by potential shipping routes;
2. off-reservation ceded lands, where Tribes retain treaty rights or other legally-recognized user rights, crossed by potential shipping routes;
3. reservation lands and off-reservation lands within transportation emergency evacuation zones along potential shipping routes;
4. reservation and off-reservation lands which could be contaminated by air or water transport of radioactive materials released in a severe transportation accident or terrorist incident (generally within 50 miles down-wind, down-stream, or down-gradient of a potential shipping route);
5. reservations whose highway access would be disrupted by a nuclear waste transportation emergency; and
6. off-reservation lands along potential shipping routes where Tribal personnel would likely be involved in transportation emergency response.

1. Tribal authority to regulate shipments across reservations;
2. emergency response planning and training for Tribal personnel;
3. advance notification of shipments and shipment monitoring;
4. protection of Native American religious and cultural sites, plants, and animals, both on and off reservations;
5. cultural implications of potential radiological contamination of Indian lands, and the cultural implications of cleanup activities involving non-tribal personnel; and
6. adverse economic impacts of public perception of risk, especially adverse impacts on tribal tourism and recreation businesses.

Moreover, except for Tribes in Idaho, DOE failed to identify potentially Indian reservations and communities in the DEIS and in the public hearing notices, and failed to provide financial assistance to facilitate independent technical review of the DEIS by potentially affected Indian Tribes.

Prepared by Bob Halstead for the Nevada Agency for Nuclear Projects, June 14, 2000

HIGH-LEVEL NUCLEAR WASTE TRANSPORTATION

Potential Impacts on Native American Communities in Nevada

Native American communities, lands, and cultural resources in Nevada would be directly impacted by thousands of shipments of civilian spent nuclear fuel and defense high-level nuclear waste under the U.S. Department of Energy (DOE) proposal to construct a waste repository at Yucca Mountain, Nevada. According to DOE's 1999 Draft Environmental Impact Statement (DEIS), there could be up to 96,000 shipments through Nevada over 39 years.

The State of Nevada considers the following Indian Reservations and Colonies in Nevada to be potentially affected by rail and truck routes identified in the DEIS:

• Moapa Reservation (UPRR, I-15)
• Las Vegas Resrvation (Valley Rail Spur, US95)
• Ely Colony (US93)
• Duckwater Reservation (US6)
• Walker River Reservation (UPRR)
• Pyramid Lake Reservation (UPRR)
• Reno-Sparks Colony (UPRR)
• Lovelock Colony (UPRR)
• Wnnemucca Colony (UPRR)
• Te-Moak Reservations [Battle Mountain, Elko, South Fork, Te-Moak, Wells] (Carlin Rail Spur, UPRR)

The State of Nevada has urged DOE to formally define affected Native American lands and resources to included the following:

1. reservations crossed by potential shipping routes;
2. off-reservation ceded lands, where Tribes retain treaty rights or other legally-recognized user rights, crossed by potential shipping routes;
3. reservation lands and off-reservation lands within transportation emergency evacuation zones along potential shipping routes;
4. reservation and off-reservation lands which could be contaminated by air or water transport of radioactive materials released in a severe transportation accident or terrorist incident (generally within 50 miles down-wind, down-stream, or down-gradient of a potential shipping route);
5. reservations whose highway access would be disrupted by a nuclear waste transportation emergency; and
6. off-reservation lands along potential shipping routes where Tribal personnel would likely be involved in transportation emergency response.

1. Tribal authority to regulate shipments across reservations;
2. emergency response planning and training for Tribal personnel;
3. advance notification of shipments and shipment monitoring;
4. protection of Native American religious and cultural sites, plants, and animals, both on and off reservations;
5. cultural implications of potential radiological contamination of Indian lands, and the cultural implications of cleanup activities involving non-tribal personnel; and
6. adverse economic impacts of public perception of risk, especially adverse impacts on tribal tourism and recreation businesses.

Moreover, DOE failed to provide financial assistance to facilitate independent technical review of the DEIS by potentially affected Indian Tribes in Nevada.

The below document is a suggested mass e-mail document on Yucca Mountain. Included is a national map of the primary waste transit routes. Distribute far and wide! Comments appreciated.

**** RADIATION BULLETIN (RADBULL) ****

SPECIAL RADBULL IS PRODUCED BY
THE ABALONE ALLIANCE CLEARINGHOUSE

June 22, 2002

Armor piercing weapons available on the international market could pierce one of the thousands of yearly shipments traveling on major highways across the country, contaminating cities for millenia.

This issue is an important and nearly as costly as the entire Vietnam War, yet the media has given the issue only minor coverage. Nevada's republicans and democrats have come together to demonstrate that the DOE does not have the technical skills or credibility to undertake one of the largest most dangerous projects in human history.

in opposition of the Yucca Mt. dump. Below are a few of the resources put together by the state of Nevada that clearly demonstrate just how premature the Goshute and Yucca dumps are.

Its time to do a national mail campaign directed at your local senator prior to the Senate's final vote prior to their early July vote that would set the U.S. moving on a path that could effect the earth in ways far beyond any previous policy step this country has ever taken!

Please review the materials below that has united the state of Nevada against the Yucca Mountain plan. It is urgent that you send this document to your friends and senator (see the list below for your senators).

• Nevada Nuclear Waste Project http://www.state.nv.us/nucwaste/
• DOE: Yucca Mountan Repository http://www.ymp.gov/

• Citizen Alert http://citizenalert.org/yucca/index.html
• Nevada Nuclear Waste Taskforce http://www.nvantinuclear.org/
• Nuclear Resource Information Service http://www.nirs.org/
• Public Citizen http://www.citizen.org/cmep/energy_enviro_nuclear/nuclear_waste/
• Sierra Club's Nuke Waste Task Force http://www.sierraclub.org/nuke
• Yucca Mountain Rag http://www.homestead.com/yuccamountainrag
  

Note: Over 200 environmental organizations, mayors, and unions along with citizens from Nevada and Utah are opposed to the plans to build and ship spent fuel to Utah and Nevada.

• N-Waste Timeline http://www.state.nv.us/nucwaste/yucca/dilemna.htm
• High Level Waste: Coming Soon to your town http://www.mapscience.org
• Geology and N-Waste Policy http://www.state.nv.us/nucwaste/news2000/nn10726.htm
• 1982 Nuclear Waste Policy Act http://www.rw.doe.gov/progdocs/nwpa/nwpa.htm
• GAO Yucca Mt. Investigations http://www.state.nv.us/nucwaste/yucca/gaoindex.htm
• DOE's Credibility Gap http://www.state.nv.us/nucwaste/news/tenn01.htm
• DOE's Credibility Gap Pt II http://www.usatoday.com/news/poison/cover.htm
• Redirecting N-Waste Policy http://www.state.nv.us/nucwaste/yucca/100cent.htm
• N-Waste Policy Crossroads http://www.state.nv.us/nucwaste/yucca/crossrds.htm
• IEER: Cheap Deceptions http://www.ieer.org/reports/npdz.html
  ABC News Yucca Mt. Report http://www.state.nv.us/nucwaste/news/abcnews2.htm
• Seattle Post Waste Investigation http://www.state.nv.us/nucwaste/news/torvik/spi01.htm
• NY Times: Yucca Mt Doubts http://www.state.nv.us/nucwaste/yucca/nyt01.htm
• Stranger Than Fiction http://www.state.nv.us/nucwaste/yucca/abby01.htm
• Virtual Radwaste Respository http://cobweb.quantisci.co.uk/VRepository/Index.htm
• US Nuclear Technical Review Board (2nd Report Down) http://www.nwtrb.gov/reports/reports.html
• Western Governors Reports http://www.westgov.org/wieb/reports.html
• Yucca Technical Issues http://www.state.nv.us/nucwaste/technic.htm
• Nevada: Health and Economics http://www.state.nv.us/nucwaste/socio.htm
• Nevada Transit Info http://www.state.nv.us/nucwaste/trans.htm
• DOE Transit Docs http://www.ymp.gov/documents/transp/index.htm
• Nuclear Waste website http://www.geocities.com/CapitolHill/Lobby/4745/
• Congressional Research Service Reports:
  NIE: Nuclear Waste Reports (enter Yucca Mountain on Search Line) http://cnie.org/NLE/CRS/

Find your senator here http://www.senate.gov/contacting/index.cfm
or by state here http://www.senate.gov/contacting/index_by_state.cfm

National map of the proposed transit routes where thousands of yearly shipments of the most deadly wastes ever produced will go:

The Environmental Working Group's cool www.mapscience.org site is up, where folks can easily find out just how close they will be to nuclear waste shipments. EWG suggests:

-- Will nuclear waste pass through your neighborhood?
-- Radiation in your neighborhood
-- Are you on a nuclear waste transportation route?

Proposed email text:

Find out by going to www.MapScience.org today and get a custom map to see how close you, your tribe, family and friends, your schools, churches and hospitals might be to nuclear waste shipments. Washington is making this decision without your input - maybe by the end of June. Send an email to your Senators to let them know you are worried the waste is coming too close to your neighborhood. With the chance of an accident or terrorist attack, it's too risky.

WE SOGOBIA AND THE UNITED STATES OF AMERICA

Renewal of International Relations on the Basis
of Mutual Government-to-Government Respect

Rudolph C. Ryser

Center for World Indigenous Studies
(A Fourth World Documentation Project Reprint)

(c) 1985 Center For World Indigenous Studies
(c) 1994 The Fourth World Documentation Project

The United States of America is preparing to take full and absolute control over a territory extending some 24 million acres which has been the historic homelands of Newe Sogobia. By its own decision, the government of the United States has come to agree with the Western Shoshone people that the territory of their homelands which is surrounded by the United States of America is separate from the United States and still under the original ownership of the Western Shoshone. The United States government wishes to purchase all of Western Shoshone territory for about eight-five cents per acre, and it seeks to pay Western Shoshone fifteen cents per acre for sixteen million acres of surface rights. On December 6, 1979 the United States government made this judgement and decided it would pay the Western Shoshone a little more than $26 million. At the contemporary interest rates prevailing from December 1979 to December 1985, each Shoshone individual would be paid an estimated $26,000. This would be a one-time-only payment by the United States of America, and if the Shoshone decided to distribute these moneys each person would receive what appears to be a "windfall" in U.S. money.

But, some Shoshone people say that the 24 million acres of Newe Sogobia that the United States wants to buy isn't for sale. Some say that the ancient obligation of the Shoshone to Newe Sogobia, to protect the land and use it according to the laws of the Great Spirit is far more important than a single payment by the United States of America in currency that is only useful in the United States of America. Some say that Newe Sogobia must not be sold, given or traded away to the United States of America or any other state or nation. And, while this discussion is continuing among the Shoshone people (whether to sell Newe Sogobia to the United States or not), the people of Newe Sogobia have not accepted final payment. The money offered by the United States has been placed in an account within the United States government - ready to be distributed to the Western Shoshone. So the decision has yet to be made whether to accept the United States government's offer of more than $26 million for the ancient Western Shoshone homelands.

Like many other nations who have dealt with the U.S. government's Indian Claims Commission, the Western Shoshone people find that several thousand dollars in their pocket would be a great "windfall". Who wouldn't want thousands of dollars of free cash to spend any way you want? This is a very appealing proposition. Many nations have accepted U.S. offers of "money for land". The Kalamath people accepted a great deal of money for the richest forests in the Northwest. The Menominee people accepted money for their homelands. And many other nations accepted money for their homelands. Many of these nations are gone like the wind - never to exist again. Still other nations became lost and experienced sickness among their people. Many individuals within some nations became very wealthy while many thousands more became impoverished, with no homes, no food and no way to live. Now, what will the Western Shoshone decide?

There are important alternatives to merely accepting a single payment for Western Shoshone homelands. There are many alternatives to selling, trading or giving Newe Sogobia to the United States of America in exchange for money. These alternatives may not have been thoroughly considered by the Shoshone and it is for this reason that this paper has been prepared.

Instead of each individual among the Western Shoshone being paid $26,000.00 on a one-time-basis, perhaps individual Shoshone would be more open to receiving a guarantee of $40,0000 each year, a new home, free health services, free education and a job of their choosing for the rest of their lives and the lives of generations to come. A dream? A fiction with no possibility of occurring? Or is this a reality within the grasp of the Western Shoshone people?

Before the coming of the whiteman, the Shoshone had this kind of wealth for hundreds of generations. The Western Shoshone were the governor's of Newe Sogobia - the caretakers of at least 24 million acres of territory. And for being good caretakers, the Western Shoshone were among the most wealthy people in the world. But, since the United States of America and Newe Sogobia came into contact and made agreements, the Western Shoshone have become people who are among the poorest in the world. The Western Shoshone have become people who are among the poorest of the poor. What has changed?

The basic change has been that the Western Shoshone have allowed the United States of America to "take" land, resources and advantage of the Western Shoshone for its own benefit. And the United States of America has given the Western Shoshone nothing in return to replace the "wealth" that it has either taken by agreement or "stolen" without the consent of Newe Sogobia. The result has been that the United States of America has become wealthy at the expense of the Western Shoshone people and Newe Sogobia. From being among the wealthiest people in the world to being among the poorest, the Western Shoshone have suffered a great deal.

The alternative to a "short-term payment" for "wrongs that have been done" to the Western Shoshone is for the Western Shoshone to take back that which belongs to the Western Shoshone and reclaim the responsibility for living as the caretakers for Newe Sogobia. True wealth for the Western Shoshone, as with many other nations in the world, is in fulfilling the responsibility for caring for the land and receiving great wealth from the land. And this wealth is for all time and not for the short time that it takes to spend $26 thousand. The wealth must be for all Shoshone and not just a few who are lucky. Either the whole nation is wealthy or none are wealthy. This is a rule of natural law - the law of the Great Spirit.

But, before the Western Shoshone can consider alternatives to the offer being made by the United States government, they must decide which path they shall take into the future first. For it is this basic decision that will determine whether alternatives do in fact exist. Here are the paths:

1. Rebuild Newe Sogobia as a free nation able to freely choose its own political, economic, cultural and social future where the Western Shoshone will govern themselves throughout the lands of Newe Sogobia, and all Shoshone enjoy the fruits and benefits of all the lands and resources of the homeland.

2. Accept the decision of the United States to pay each Shoshone a certain amount of U.S. currency, turn over all lands and resources to the United States of America and assimilate the Western Shoshone into the U.S. society as ordinary members of an "Indian minority group" and ordinary citizens of the United States of America.

If it is the decision of the Western Shoshone to follow the second path, then nothing more need be done. This is the path the United States government has chosen for the Western Shoshone and for which the United States government has long worked to achieve. This is the termination or liquidation of Newe Sogobia and the Western Shoshone nation. The only risk in doing nothing and accepting payment from the United States is that the Western Shoshone will forever have accepted the demise of their ancient civilization and the final defeat of the Shoshone nation. If this is worth $26,000 to each of the Western Shoshone then there is no further need for discussion or debate.

But, if the Western Shoshone decide to enter on the first path, then there is a great deal to do for it is this path that the people of Newe Sogobia have long traveled - long before there was a United States of America in existence. It is a path of great responsibility and a path that requires great discipline among the people and in their government.

To rebuild Newe Sogobia and for the Western Shoshone to resume their responsibility as the caretakers of the land it must be rebuilt "internally" and "externally". Such an undertaking will require a great deal of effort, but of course, the Western Shoshone have succeeded for thousands of years - there is no reason why the Shoshone people cannot continue the success and resume the prosperity to which they have a natural right.

Newe Sogobia is a country which has existed for the Shoshone for generations upon generations. As a nation with its own cultural, political, economic and legal history the Shoshone remain today as a distinct people from all others. And the lands of the Shoshone remain the ancient homelands of the people. The neighbors of Newe (the Paiute, Chut-pa-lu, Cheyenne and others) have always respected the Shoshone as the proper users and protectors of Newe Country. And for this respect, the Shoshone have always respected the rights and interests of the neighbors around them.

But, during the last one hundred twenty-five years the Shoshone, like their neighbors, have seen the growth and expansion of a state across the lands of many nations and even into Newe Country. Within the life time of six generations of Shoshone a state called the United States of America was established around and on top of Newe Country and the world was told that the Shoshone had removed themselves from Newe onto small parcels of original Shoshone territory and "gave" the remaining portions of their homelands to the United States of America. The United States of America came to claim Newe as territory belonging to it and available for its use. The United States of America established smaller states, counties and cities within and on top of Newe to confirm its ownership of Shoshone land; and for a long time the United States of America and its people acted as if the Shoshone had disappeared.

Many people of the Shoshone remembered that all of Newe still belonged to the Shoshone, and that all of the ancient homelands had never been given, traded or sold to any nation or state - Newe remained Shoshone as it had always been. The leaders of Shoshone had never turned Newe over to any other people. Some of the leaders had made treaties with the United States of America to bring a long war to an end, and they agreed to permit the United States of America the "license" to use certain parts of Newe for "military posts", travel routes, mining and timber extraction and settlements for U.S. citizens who engaged in mining, timber extraction and agriculture. The Shoshone agreed to move from their camps throughout Newe to various reservations, and to accept $5000 (U.S. currency value) in "provisions and clothes" as "presents" at the conclusion of the treaty. The United States of America also agreed to pay in currency or provisions the amount of $100 thousand for the "inconvenience resulting ... in consequence of the driving away and destruction of game ...." These are the main agreements made by some leaders of the Shoshone in their dealings with the United States of America through the Treaty of Ruby Valley (1863).

Nothing in the Treaty of Ruby Valley ever sold, traded or gave any part of Newe Country to the United States of America. Nothing in this treaty said the United States of America could establish counties or smaller states within Newe Country. Nothing in this treaty said the United States could establish settlements of U.S. citizens who would be engaged in any activity other than mining, agriculture, milling and ranching. Yet the United States of America has established political jurisdictions in the form of counties, cities and the states of Nevada, Idaho, Utah and California that overlap into Newe Country. The United States of America did establish settlements of its citizens within Newe Country for purposes other than those provided in the Treaty of Ruby Valley. And the United States of American has used other parts of Newe territory for military purposes other than those stipulated in the Treaty. The United States of America have also used parts of Newe Country that were not included in the Treaty of Ruby Valley.

Understandings and agreements between the governments of the Shoshone and the United States have, over time, become more favorable to the interests of the United States of America than to Newe. The Shoshone people have been made to suffer from this growing "imbalance in relations". When a nation is made to suffer losses and damages to its livelihood over time as a result of compacts or agreements made with another nation or state, it is incumbent upon the parties to the agreement to reestablish the original balance in relations, or to make new agreements adjusting to new political, economic and social changes.

The United States of America accorded to itself the responsibility to "preserve, protect and guarantee" the rights and property of nations like the Western Shoshone. This was done by the United States on its own and not as a product of any agreement between Newe Sogobia and the United States. That the United States has violated its own internal commitments under its own laws is one issue. But, that the United States of America has violated its treaty agreements with the Western Shoshone as well is a matter of great importance to the peace and security of Newe Sogobia. That the United States of America has violated an international treaty with Newe Sogobia and gone further to annex Newe Sogobia territory not covered under the Treaty of Ruby Valley is also a violation of the law of nations and established international law. These are extremely serious matters which cannot be taken lightly. And, certainly since these violations can be directly linked to Western Shoshone suffering, dislocation and damages done to the Shoshone people and property it is essential that the government of Newe Sogobia "redress the balance between the Shoshone and the United States of America".

Like all nations Newe Sogobia has an internal world and an external world. The internal world is made up of all territory within established boundaries and the laws that govern this world are determined by the Western Shoshone people. These laws are a direct result of the customary practices of the people and the people's interpretations of natural law. It is through the Shoshone law that the people of New Sogobia are governed. How these laws are derived and how they are practiced is up to the Shoshone people and the Shoshone people alone. Western Shoshone need not "ask" any other government other than their own what the laws are of the land. The customs and practices of Western Shoshone for hunting, fishing, using water, using land, using minerals, timber and other raw materials are the "internal law". Marriage practices, education practices, and other family relations are determined by "internal law" - Western Shoshone law.

Strategies for communicating Shoshone law and enforcing Shoshone law must be determined by Shoshone and Shoshone alone. The government of Newe Sogobia does not have to ask any other nation or state for the right to exercise Shoshone law. Where the actions of other nations or states interfere with the full exercise of Newe Sogobia law steps must be taken to remove that interference. Where non-citizens of Newe Sogobia violate internal law, steps must be taken to enforce the law against them.

When other nations or states interfere with the full exercise of Newe Sogobian governmental powers then this is an external issue that has a direct effect on internal peace and security, and it is the responsibility of the Newe Sogobian government to formulate external policies to deal with the external world that threatens internal peace and stability. When non-citizens violate Newe Sogobian law it is an internal issue that has a direct effect on internal peace and security. Such acts of violation may require that the government of Newe Sogobia enact new laws or simply remove the violators from Newe Country.

In order for internal rebuilding to succeed, Western Shoshone people must decide how Newe Sogobia will be governed now and in the future. In order for external relations to be rebuilt and succeed, the Western Shoshone people and their government must deal with the realities of the world outside Newe Sogobia boundaries. This is the external world.

Newe Sogobia does experience extensive interference in its internal capacity to govern because the United States government, the states of Idaho, Nevada and California and dozens of counties and municipalities have superimposed their governing and administrative institutions over Newe Country. The laws of these governments frequently conflict with the laws of Newe Sogobia. This is a major issue of importance to Newe Sogobia and requires that the government of Newe Sogobia deal with the United States government to remedy this problem since the United States government is empowered by its constitution to deal with such matters. None of the other "subordinate" governments have the power to deal with these "jurisdictional conflicts".

The government of the United States has extended many of its powers of governance into Newe territory through enactment of its own laws and through many of its administrative agencies like the Department of Defense, Department of Interior, Department of Commerce, Department of Transportation, Department of Energy, Department of Health and Human Services, Department of Treasury and Department of Justice, etc. These agencies of the U.S. government exercise powers within Newe territory that are either contrary to Shoshone law, or they are seriously in conflict with that law. This is a major issue which requires a remedy flowing from decisions of the Newe Sogobia government and the U.S. government.

The United States government has established military posts within Newe Sogobia territory in accordance with the Treaty of Ruby Valley. But, the U.S. government has also established posts within Newe Sogobia territory not covered under the Treaty of Ruby Valley. Indeed, the United States has come to use a great deal of Newe territory in many ways that exceed the original understandings under the Treaty of Ruby Valley.

All of these issues and many more are subjects of negotiations between the nation of Newe Sogobia and the state of the United States of America. These issues matter and these are issues which affect the external relations of Newe Sogobia.

The National Council of Newe Sogobia began to conduct discussions with representatives of the United States government to determine an equitable settlement of the long-standing dispute. These discussions have centered on alternative offers by the United States to "expand" existing reservations within Newe Sogobia, the right of Shoshone to fish, hunt and use parcels of land outside reservations for grazing cattle. Distribution of moneys initially offered by the United States has also been an issue. These issues have been considered important to the process of formulating U.S. legislation which will ensure Shoshone interests. In the light of our discussion earlier, these "issues" are really beside the point. The United States government has no authority to determine whether Shoshone can or cannot hunt and fish or graze cattle within Newe Sogobia. And for the United States to propose that reservations be "expanded" is an equally empty gesture since the United States does not own any land inside of Newe Sogobia to expand reservations with. If the United States owned the territory of Newe Sogobia it would not be offering to buy that land in the first place.

The overriding issue which should occupy discussions and ultimately negotiations between the Newe Sogobia and United States of America is whether the United States and its subordinate political entities (states, counties, cities, etc.) will continue to be permitted inside Newe Country. And if the United States is permitted to continue use of portions of Newe territory, under what circumstances and conditions may the United States use these parcels and for what purposes.

The government of Newe and the government of the United States have begun "discussions", but they have not begun "negotiations". And, so far, these discussions have only dealt with "diversions" which avoid the central issue of controversy: The political relationship between Newe Sogobia and the United States of America and the extent to which the United States will be permitted to enjoy the right to use portions of Newe territory. These are the primary issues for negotiations between Newe and the U.S. Unless these issues are resolved between the two governments, there can be no settlement satisfactory to either party. While there is technically a treaty of peace, this condition is not guaranteed. For the only alternative to negotiating a peaceful settlement of differences between Newe and the United States is through war. Obviously, neither party wishes to renew warfare. So the only option is formal government-to- government negotiations.

The United States government negotiated the Treaty of Ruby Valley with some representatives of Newe Sogobia, and it is through this treaty that the United States of America gain rights to use certain portions of Newe territory within an area of about 40% of Newe Country (primarily in the northern portion). The United States of America did not receive any rights to use any lands or resources in the southern portion of Newe territory which constitutes about 60% of the whole country. Despite the limited conditions for use of lands in the north and despite the non-existence of any grant to the United States by Newe in the South the United States government has, contrary to the law of nations, come to occupy nearly all of Newe country.

Shoshone use of Newe territory has been reduced to less than one-half of one percent of the total territory. Meanwhile, the United States has come to use about eight percent of Newe for its on military posts and facilities, and most of these are outside of the Ruby Valley Treaty area. About sixty-five percent of Newe territory has fallen under the control of the United States government through its Bureau of Land Management within its Department of Interior. The remainder of Newe territory has been placed under other U.S. government agencies or under the control of local state, county or municipality jurisdictions.

The United States government has recently asserted that "the established date of taking" where the United States became the holder of title over Western Shoshone lands was December 1979. And the United States has asserted that it is prepared to pay the Western Shoshone in excess of $26 million (at 1863 currency values) for the lands taken. This is a non-sensical proposition.

If the date asserted by the United States itself is 1979, then it should be offering payment to the Shoshone in 1979 dollars. If the United States government were dealing honestly with the Shoshone it would be offering modern-day values for modern-day land. The offer that would be more realistic, assuming the Shoshone were prepared to ignore violations of the Ruby Valley Treaty, would be in the neighborhood of $40 billion. On a per capita basis of distribution, the United States should be paying each Shoshone roughly $20 million each. This is a far cry from what is being offered at the rate of 1863 dollars.

From this discussion it should be obvious that the United States government is currently offering the Western Shoshone less than one-half of one percent of the contemporary value of the land. The United States of America has already received billions of dollars in resources and use from Newe territory just in the last 125 years. Despite this obvious benefit, the U.S. government is only prepared to offer the Shoshone less than a penny of actual value for each acre of Newe territory.

If the government of Newe were to examine the extend to which the United States has made free use of Newe territory it would become obvious that the United States has been getting a very good deal for its commitments in the Ruby Valley treaty. Indeed, the United States has been able to use the Ruby Valley Treaty as the means by which it has come to occupy the remaining 60% of Newe territory. This is clearly an added benefit to the United States.

Since the United States already occupies 99% of Newe Sogobia it would seem very unlikely that serious negotiations with Newe would be a high probability. Yet, as it is obvious that the United States is at least willing to "discuss" a settlement the potential does exist for serious negotiations between the two governments. But, even if serious negotiations were to become a reality would they be based on mutuality and respect? In all probability the answer would be no unless the Western Shoshone "up the ante" or otherwise raise the price for negotiations.

During the present discussions with the United States representatives of Newe Sogobia have focused on what can only be considered "internal" issues which, in point of fact ought not even be on the table for discussions with the United States. Land rights, hunting and fishing rights, and other such matters are purely "internal" interests of the Shoshone. The United States government does not have the power to grant or deny these rights to Shoshone living within Newe Sogobia territory. Only the Shoshone can grant or deny these rights. These internal issues should be "non-negotiable" since they are matters of right only among the people of Newe Sogobia.

During the discussions the U.S. representatives offered the "possibility that various of the Indian Reservations within Newe territory might be expanded" as a part of a "settlement". This cannot be considered a serious proposal since all of Newe already belongs to the Shoshone.

In the light of these brief observations, one must conclude that the first three rounds of discussions between Newe representatives and U.S. representatives have been points of testing, but in no way can these discussions be considered serious negotiations. The framework for resolving the Newe dispute with the United States is too imprecise and too loose to ensure a satisfactory conclusion. The present discussions should be "downgraded" to "technical discussions" while the Newe National Council considers approaches and methods for building a more acceptable framework for government-to-government negotiations at the highest levels of both governments.

Negotiations between nations and states ought not be very much different than negotiations between states. The mere fact that negotiations are considered as a method of resolving a dispute suggests that, 1. Neither party wishes to resolve the dispute through force of arms. 2. Both parties are prepared to compromise for the sake of achieving a mutually satisfactory agreement. 3. Both parties stand to gain from negotiations and both stand to lose if the negotiations are unsuccessful. If these conditions exist in the present context, then it is conceivable that a negotiated resolution of the dispute between Newe Sogobia and the United States of America.

What is the nature of the dispute between Newe Sogobia and the United States of America? First of all, the United States has learned after fifty years of prodding by the government of Newe Sogobia that a little more than one-third of the State of Nevada, a small portion of Idaho, a sliver of Utah and a piece of California do not belong to the United States. This area of real estate is in fact the ancient homelands of the Western Shoshone who call it Newe Sogobia. Twenty-four million acres or 42,682.7 square miles of Newe country had been unlawfully confiscated by the United States of America and placed within its territorial domain. The people of Newe Sogobia have implied by their decision not to accept $26 million for their land that there are many other questions concerning the rights and welfare of the Western Shoshone which must be resolved before a settlement can be concluded. This is a classic political confrontation between a nation which is the original occupant of a territory and a state which seeks to take control of the territory. This is the issue over which the Western Shoshone and the United States fought a war in the late 19th century and it was this war that provided the motivation for the Treaty of Ruby Valley.

This territory has become economically, politically and strategically important to the United States due to these facts:

• Within the last eighty years, the United States of America has organized and established state jurisdictions with their subordinate county and municipal jurisdictions within Newe Sogobia - thus politically annexing Newe Territory to the United States.
  
  

• U.S. government agencies and private U.S. companies have established substantial economic control over Newe Sogobia through mining, timber extraction, wholesale and retail commercial businesses, agriculture and ranching. In addition, the U.S. has made extensive use of Newe Sogobian water located in the sub-surface aquifer. Minerals, timber, grazing land and water have contributed handsomely to the development the major cities of Las Vegas, Reno, Los Angeles, Phoenix and Albuquerque. In excess of 50,000 non- Shoshone now live within Newe Sogobia territory. This economic activity extends throughout the Ruby Valley Treaty area as well as the non-treaty south.

• Major areas of Newe Sogobia are being used as primary military and strategic facilities for the defense of the United States of America. U.S. Air Force training facilities, and operations bases have been established in the non-treaty south of Newe. Rocket launching facilities for nuclear testing in the Pacific Ocean and various underground nuclear testing facilities have also been established in the non-treaty south. In addition, the United States uses the Yucca Mountain area of Newe for the storage of nuclear waste and vast areas of Newe airspace for testing rockets and jet aircraft. Portions of Newe territory are used for landing and launching space craft as well.

• Despite the appearance of its terrain Newe Sogobia has become a central political, economic and strategic asset to the United States of America. Indeed, the United States government has located some of its most sensitive strategic facilities inside Newe territory giving it an importance to the security of the United States of America far greater than is immediately apparent.

U.S. interest in Newe Sogobia is clearly significant. And it is obvious just why the United States government is eager to "resolve the question of ownership concerning Western Shoshone lands". The United States is eager to establish its own firm title over the land so as to ensure its continuing control and use of the territory. When the government of Newe Sogobia declined to accept the $26 million Indian Claims Commission settlement proposal U.S. control and title over Western Shoshone lands came into doubt. Further doubt was cast on the probability that the United States could continue to exercise its jurisdiction and carry out economic and strategic activities within Newe Sogobia. Under the present circumstances, the United States government clearly has an interest in negotiations to resolve the question of ownership.

Newe Sogobia also has a major interest in the political, economic and strategic future of its territory. Not only is Newe Sogobia the ancient homelands of the Western Shoshone, it is the sole source of livelihood for all the Western Shoshone. As the original caretakers of Newe territory the Shoshone have fundamental obligations to the land - without the homelands, the Shoshone people will cease to exist as a nation. It is, therefore, in the interest of Newe Sogobia to negotiate with the United States of America to clarify the jurisdictional questions, economic benefit questions and strategic questions which arise as a result of U.S. use of Newe territory.

The cultural realities on which Shoshone existence is based are found in the territory. Shoshone customs, economic life, social life, political life and spiritual life are all bound up in the forty-two thousand square miles of land and water that constitute Newe Sogobia. If the connection with these ancient realities were severed, the Shoshone would cease to exist as a people.

Regaining control and influence over Newe Sogobia is essential to the role of the Western Shoshone as the first caretakers of the land. Such control and influence is also essential to the physical survival of the Western Shoshone people. Reestablishing the direct link between the land and physical well being among Shoshone is crucial to reestablishing physical and spiritual health. The temporary break in this link which came as a result of growing U.S. control and influence inside Newe territory has contributed to the decline in Shoshone quality of life. Regaining full political, economic and cultural control over Newe Sogobia is indispensable to the continuing existence of the Shoshone.

Newe Sogobia and the United States of America have three options for bring their current dispute to a conclusion. These include:

1. Continuing the Indian Claims Commission Settlement procedure and gaining a U.S. government legislative enactment which provides guarantees for Shoshone economic, social and legal rights in exchange for 99% of Newe Sogobia.
   
   

2. Establish formal government-to-government negotiations between the United States government and the Newe Sogobia government based on existing international standards for relations between nations and states resulting in the formulation of a bi-lateral treaty establishing the basis for future political, economic and strategic relations.

3. Abandon all provisions of the Treaty of Ruby Valley thus returning relations between the United States and Newe Sogobia to a state of war.

         Options one and three are real though they actually imply failure from the outset. Option #1 suggests that the Western Shoshone are prepared to virtually "give over Newe Sogobia" to the control and perpetual use of the United States of America in exchange for a small amount of currency, greater dependence on the United States government and U.S. "recognition" of certain Shoshone "rights" to the use of land, fishing, etc. While such a move may seem "easier" it actually constitutes the final defeat of the Western Shoshone and their total abandonment of Newe Sogobia.

         Option #3 suggests that the Western Shoshone are prepared to defend an absolute right to control and use Newe Sogobia even at the expense of expelling the United States from Newe territory. Reestablishing the state of war between Newe Sogobia and the United States would reflect the inability of Newe Sogobia to diplomatically resolve differences with the United States.

         Option #2 constitutes the only viable alternative to total defeat and violent confrontation. It is upon this path that the government of Newe Sogobia has set its course. But, in the light of U.S. behavior during the last eight months, and a new effort by the United States to "end discussions through completion of the Dann case" (presently before the U.S. courts) it would appear that the United States government is not wholly committed to the idea of negotiating a solution with Newe representatives. The "negotiations path" has not produced very much movement during three earlier rounds of discussions, and it would appear that maneuvers are now underway to "close down the process all together" and finalize the Indian Claims Commission decision of December 1979.

   Because of U.S. interests in Newe Sogobia it would appear that Newe Sogobia is not without resources and capacity to "force a framework for negotiations" to achieve a mutually satisfactory resolution of the land dispute. Indeed, Newe Sogobia actually "holds most of the cards" in the dispute with the United States of America. The United States has already recognized Western Shoshone original ownership of Newe Sogobia, and by implication she has recognized the shakiness of her claims to Newe Sogobian territory. While the United States would like to quietly take possession of Newe Sogobian territory, the real issue of whether the United States can remain inside Newe Sogobian territory must be raised. This is the overall question which must be resolved. This issue can only be resolved through government-to-government negotiations based on mutual respect. The established process and procedures for the conduct of mutually desirable relations between nations on the basis of equality and mutual respect through the instrumentality's of government must provide the framework for negotiations. This is the most fundamental express of government-to-government relations.

Particular principles which guide the conduct of government- to-government relations include:

• There exists at least two separate and distinct entities which meet on the basis of political equality to discuss, negotiate and mutually agree on:

  1. principles and procedures for dealing with one another,

  2. an agenda of issues and concerns which each party believes requires intergovernmental cooperation and action,
  3. mutually acceptable methods and procedures for implementing negotiated agreements, and
  4. acceptance of the idea that both parties accept the basic concept of mutual respect, cooperation and compromise, sovereign equality and reciprocity.

  • The successful conduct of government-to-government relations requires that each party accept the sovereignty of the other, unconditionally.

  • Internal interference is strictly prohibited by either party. Good faith may serve as the foundation for agreement, but a third party observer or arbitrator may be necessary to ensure agreement compliance.

  • Government-to-government relations are by definition bilateral (only two governments) unless multi-lateral relations or negotiations are first formalized.

  These principles are generally applicable to relations between all nations and between all states. It is, however, only a recent tendency in relations between nations and states that these principles are being applied. The government of Canada began in 1982 to conduct discussions with Indian Nations using some but not all of these principles. The Nicaraguan government began in 1984 to apply some, but not all of these principles in their negotiations with the Miskito, Sumo and Rama Nations. In each of these instances, the Indian Nations accepted the principles completely, but the state government did not.

  Unlike the two example states just cited, the United States government has already made a formal declaration of its commitment to conducting relations with Indian governments on a government-to-government basis. The United States first announced its commitment to these principles in 1979 when it pledged to apply Principle VIII of the Helsinki Final Act to its dealings with Indian nations. The commitment was made more explicit when President Ronald Reagan announced on January 14, 1983 his commitment to conducting relations with Indian governments on a government-to-government basis. Unfortunately, despite these rather positive circumstances, no Indian government has fully tested the United States on its commitments to the Helsinki Final Act member states. No Indian government has actually tested President Reagan's 1983 Indian Policy Statement. The circumstances and conditions surrounding the Newe/U.S. controversy could be an important test for the United States government and a major Indian government.

  OPTIONAL STRATEGIES AND TACTICS

  To effectively deal with the government of the United States, the Newe government must have political leverage sufficient to cause the United States to seriously negotiate a mutually satisfactory solution to the present dispute. An overall "Political and Legal" strategy is essential to achieving the necessary leverage as well as achieving the full respect of the U.S. government. The political strategy must contain both internal and external elements and it must be intimately linked to the legal strategy. The legal strategy must be directed at advancing certain political objectives and aiding in the process of building political leverage. The combined affects of the political and legal strategy must be directed at the conduct of bi-lateral negotiations with the United States on the basis of government-to-government procedures.

  STATEMENT OF NEWE SOGOBIA STRATEGIC GOAL

  To establish a mutually acceptable and balanced political relationship between Newe Sogobia and the United States of America where Western Shoshone can fully govern themselves and their territory without doing harm to the United States of America - in a climate of mutual coexistence.

  ELEMENTS OF POLITICAL STRATEGY

  INTERNAL: Rebuild Western Shoshone cultural, economic, political and social institutions to govern Newe Sogobia and maximize economic and social self-sufficiency and prosperity among peoples living in Newe Sogobia. Organize a political consensus among peoples living in Newe Sogobia supporting the government of Newe Sogobia.

  EXTERNAL: Organize political and diplomatic ties between Newe Sogobia and selected states (Possibly: West Germany, Norway, Yugoslavia, Tanzania, Vanuatu, Sweden and Lesotho) and selected nations (Possibly: Belau, Kwajalene, Lummi, Miskito, Sumo, Rama, Haudenosaunee, Yakima and Kanak).

  ELEMENTS OF LEGAL STRATEGY

• DANN CASE: Delay final decisions concerning the disposition of land in this case as long as possible to maintain the unsettled character of U.S. or "private" land ownership.

• RAILROADS: Consider initiating a lawsuit concerning the legality of U.S. rail ownership.

• NUCLEAR WASTE: Consider initiating a lawsuit concerning the legality under U.S. law of locating nuclear waste repository at YUCCA Mountain. (Generally institute lawsuits to call into question certain asserted U.S. rights for the purpose of blocking economic or strategic activities within Newe territory.

Having created political and legal obstacles to U.S. final annexation of Newe Sogobia take steps to:

Wed, 13 Feb 2002
Dave Kraft neis@forward.net
Nuclear Energy Information Service

YUCCA MT. DEBATE -- YOU'RE INVITED!

 In January of this year, the Chicago Tribune ran an op-ed (provided below) in support of Sec. of Energy Abraham's recommendation of the proposed site at Yucca Mt., Nevada, to serve as the Nation's first high-level radioactive waste perpetual storage facility.  Aside from being the same position they've held for years, the op-ed was riddled with errors, and contained an attack on Illinois Senator Richard Durbin, who has voted in opposition of Yucca Mt. in the past.  NEIS sent the Tribune a challenge (see below) to defend their flawed and inaccurate position in public debate -- or stop mis-informing the public about it.

To date the Tribune has not accepted our challenge.  But, whether they show up or not, we will provide a presentation about the problems with the Yucca Mt. site and process; and about real options for dealing with the Nation's radwaste problems.

Finally, we all expect President Bush will announce some time later this week that he will accept Yucca Mt. as the site for development.  Be ready for an "action alert" at that time.  In the meantime make plans to join us on the 20th for an information-packed evening.

                                Stay well,

                                Dave Kraft, Director

NEIS letter to the Tribune:

RE: "Quit dawdling on nuclear waste," January 18, 2002

To the Editors:

In response to your editorial of January 18th, in which you call for Congress to get on with the selection of Yucca Mt. as the nation's high-level radioactive waste perpetual storage facility, I have been authorized by my Board to challenge the Tribune editorial board writer of this piece to an open public debate on the suitability of Yucca Mt. to serve the nation in this capacity.


The topic for the debate will be:

"Should Yucca Mt. serve as the Nation's first high-level radioactive waste perpetual storage facility?"

We have reserved the large meeting room of the Sulzer Regional Library, 4455 N. Lincoln Avenue in Chicago, Wednesday, February 20th, from 6 - 9 p.m. for this purpose.  We have invited the Chicago Media Watch to provide a facilitator for the debate.  We will also extend invitations to various Chicago media outlets to record the session for rebroadcast, or for written publication.

While not wanting to make the event stilted, the format will consist of 2-15 minute sessions for each side to present his/her case; 2- 10 minute rebuttal sessions; and 2-5 minute summary sessions.  The facilitator will act as timekeeper.   After the conclusion of the presentation, we will allow the audience to ask questions of the two debaters.  It is permissible to bring printed handouts and display information (set up is at 6 p.m.)

While we are fully aware of and support the Tribune's First Amendment free speech rights, we are prompted to take this course of action for a number of reasons.

1.)  Your editorial is full of factual errors which need correcting, and historically you have not responded well to our attempts to have such corrections printed on your op-ed pages;

2.)  While the normal course of action might seem to be submitting a response piece for publication, again your historic neglect of our previous attempts to provide such a counter balance to your views argues forcefully against this option;

3.)  We already provided you a "manuscript" on the issue ("HASTE MAKES WASTE," January 11, 2002), which has not been published; and have many times over the years provided your Board with both background information articles, citations, and reports,  as well as our own op- eds; it would appear that neither of these have been utilized, since the errors persist.

4.)  In late January, 2000, after meeting with your board representative on the issue, an op-ed appeared written by someone not even in the room, and taking into account nothing that was discussed during that meeting.  This event has made us more than skeptical that fairness and balance on this issue is even possible on your pages.

5.)  While again fully acknowledging your First Amendment Right to your opinions, the First Amendment does not apply to nor defend deliberate attempts to misinform.  Since your op-eds have disseminated factually incorrect information for years on this issue, without permitting publication of the corrections, we simply can no longer permit you to use this cherished right as a shield to perpetuate such misinformation, especially on this issue which has such potentially dire consequences for Illinois and the Nation, both economic and environmental.  In short, you will finally have to defend your assertions before the public, or "cease and desist," as they say.

We ask that you provide the name of the editorial board person representing your position to us as soon as possible, so we can provide this to the public in the advertisements we will be distributing.

Please feel free to contact us if you would like any further information, or to discuss the event in any way.  We look forward to hearing from you soon.

                                  Stay well,

                                  David A. Kraft
                                  Director
 

"Justice is not a rally, no matter how big it is.  Justice is not a wage, no matter how fair it is.
Justice is a way of looking at life.  It is a way of seeing every other person, and the rights of that
person, and the work that that person does for you, and that you do for him.  Justice is the way
you fit in, and the way you allow other people to fit in.  There is no lone justice.  There is no
solitary justice.  There is no work of justice that isolates another person.  Justice is the great
unifying principle of all life.  A single life may look for comfort.  A single life may look for love.
But all life, when it is lived together, looks for justice."

from: Public Citizen
Nuclear Security and the Proposed Yucca Mountain High-level Waste Dump: Debunking the Myth
"Yucca Mountain, located about 80 miles northwest of Las Vegas, Nevada, is the only site being considered as a potential repository for 77,000 tons of high-level radioactive waste from DOE weapons sites and commercial nuclear power plants across the country. Despite numerous unresolved technical, environmental and policy issues, the pro-nuclear Bush administration appears committed to pursuing the project..."

September 17, 2001

Background

Over 20 years of "scientific study," grassroots activism, and political rancor are coming to a head. Energy Secretary Spencer Abraham, who as a Michigan Senator voted time and time again to ship nuclear waste to Nevada ASAP, will give his thumbs up to go forward with the Yucca Mountain Project by late this year/early next year at the latest. The DOE is accepting final public comments on the ill-conceived proposal until Friday, October 5th, 2001.

Despite major scientific uncertainties and widespread public opposition, the DOE is rushing to develop a high-level nuclear waste dump at Yucca Mountain, Nevada. Marking the latest insult to democratic process and public participation in the controversial project, the DOE recently gave Las Vegas residents only 9 business days notice of a crucial final public hearing on the Secretary of Energy's intention to recommend the nuclear waste dump plan to the President.

Yucca Mountain, located 80 miles northwest of Las Vegas, is on disputed territory claimed by the Western Shoshone Indian Nation under the Ruby Valley Treaty of 1863, but currently held by the DOE. An aquifer beneath the site is the only source of drinking water for the closest community. Seismic activity in the area makes it likely that radioactivity from the proposed repository would eventually contaminate the groundwater and surrounding environment.

Moreover, 70,000 metric tons of high-level radioactive waste from commercial nuclear reactors and DOE weapons sites across the country would be shipped to the proposed dump, launching an unprecedented nuclear transportation scheme. Routing projections indicate that tens of thousands of highly radioactive atomic waste shipments would likely pass within half a mile of the homes, schools, and workplaces of 50 million Americans in 43 states over the course of several decades.

The DOE's Preliminary Site Suitability Evaluation (a document released on August 21st which launched this final public comment period) is premature at best. In addition to longstanding technical problems with the repository proposal, a safe transportation scenario has never been identified, the required Environmental Impact Statement has not been released, and key regulations are yet to be finalized.

A woefully short 45-day comment period has been initiated that will close on October 5th. Apart from the hastily announced Nevada hearings, submitting comments is the only opportunity for public involvement in the site recommendation process.

If the Energy Secretary and President give their thumbs up to the Yucca Mountain dump, Nevada has officially announced it will veto those decisions - its right under the Nuclear Waste Policy Act. However, a simple majority in both Houses of Congress can override Nevada's veto. Congress will likely vote on the repository proposal within the next year.

Take Action!

Let DOE and Congress know that you object to the dramatically flawed process that continues to characterize the Yucca Mountain Project, and oppose hauling deadly waste throughout the nation to dump in a leaking earthquake zone on Native American land! See below for sample letter and addresses.

• Help spread the word! Host a letter writing party and encourage others to participate.
• Bring this issue to the attention of your local organization. Organizational letters are very helpful!
• Contact NIRS for postcards, comment forms, and petitions to circulate.
• Forward this action alert to friends and family, as well as e-mail alert lists.

Join the new "Yucca Challenge" campaign and receive regular e-mail alerts and updates on how you can help stop Yucca Mountain and the Mobile Chernobyl. Let Kevin Kamps, NIRS nuclear waste specialist, know that you want to sign up: kevin@nirs.org.

SAMPLE LETTER to DOE and CONGRESS

Carol Hanlon, DOE
Yucca Mountain Site Characterization Office (M/S #025)
P.O. Box 30307
North Las Vegas, NV 89036-0307
E-mail: YMP_SR@ymp.gov
Fax: 1-800-967-0739

Dear Ms. Hanlon:

I am writing to express my deep concern over the wayward Yucca Mountain Project and the flawed process railroading it toward unacceptable approval. How can the Secretary of Energy be preparing to recommend Yucca Mountain for a high-level nuclear waste dump when thousands of public comments on the Draft Environmental Impact Statement still have not been addressed? Without a Final Environmental Impact Statement, a detailed transportation plan, finalized Dept. of Energy repository siting guidelines, or a Nuclear Regulatory Commission repository licensing rule, the Department of Energy lacks any basis whatsoever for consideration of site suitability. The public cannot accept a recommendation to move ahead with the Yucca Mountain Project that arises from such a fatally flawed process.

In short, Yucca Mountain is a very bad site. Yucca Mountain is a very active earthquake zone, with a number of volcanic cinder cones visible a short distance away. The highly fractured and fissured rock allows rainwater infiltration at a fast rate, which will corrode waste containers and wash their deadly contents into the groundwater, the drinking water supply for nearby farming communities. As pointed out to DOE three years ago by over 200 environmental groups, this fast flow of water should be disqualify Yucca Mountain from further consideration, for it violates DOE's own repository siting guidelines.

Given that 75% of commercial nuclear reactors are east of the Mississippi River, moving the waste many thousands of miles across the country to Nevada would require many tens of thousands of shipments, past the homes of 50 million Americans, through 43 States. A severe transport accident on our roads and rails, such as the recent Baltimore train tunnel fire, could release radiation and cost tens or hundreds of billions of dollars to clean up, not to mention the untold health impacts. In addition, DOE has not addressed terrorist and sabotage threats against high-level waste shipments.

I urge you to abandon the Yucca Mountain Project and the countless "Mobile Chernobyl" truck and train shipments it would launch.

Sincerely,

[YOUR NAME]
[YOUR ADDRESS]

cc. The Honorable [NAME OF SENATORS]
    United States Senate
    Washington, DC 20510

    The Honorable [NAME OF REPRESENTATIVE]
    United States House of Representatives
    Washington, DC 20515

*Be sure to send copies of your letter to your Representatives in Congress!

Dear Friends,

It been a while since we wrote you. Shundahai Network has been on the road for the last few months attending gatherings with Corbin and doing support work in for different indigenous groups, the next E-News will have the stories of our travels.

It is important that we all take time to respond to the Proposed Radiation Reduction Standards that the NRC wants to replace the EPA.

As you know the intermin storage bill (Mobile Cherboly) was put to rest and the government is taking liability of the waste at nuke plants and will have on site storage till Yucca Mt is certified.

Is this a victory ? NO WAY this is just another Screw Nevada Bill.

Yucca Mt is being proposed with new NRC rule changes weaking our radiation protection even less than the standards surrounding the WIPP Site in New Mexico, which is ONLY LOW WASTE

Please take the time to send your comments and thanks to NIR's for all their work on this action alert, it can also be found at our website at http:// www.shundahai.org/YM_eisAlet.html

Remember we ALL ARE THE PEOPLE that Corbin depends on , Let the NRC know NUKE WASTE NO WAY !!!

Tell the NRC "Don't Screw Nevada!" Submit Your Comments on NRC Proposed Repository Licensing Rule for Yucca Mountain by June 30th.

The deadline for written comments on the NRC's Proposed Repository Licensing Rule for Yucca Mountain is quickly approaching. There is only one week left --comments are due on or before Wednesday, June 30, 1999!

Comments are critical at this time. The NRC's Proposed Rule would weaken radiation protection standards for the public and the environment by usurping EPA's legally mandated jurisdiction (under the Energy Policy Act of 1992) to set the standards for the proposed Yucca Mountain repository. This would accommodate the DOE, which, in its impatience to move towards its recommendation to the President and its license application for the Yucca Mountain repository, is pressuring NRC to set standards soon, in advance of the EPA. This would also serve to lower the standards to such an extent that Yucca Mountain might still qualify to serve as the repository for the nation's high-level radioactive waste, despite Yucca Mountain's severe safety shortcomings. The NRC's proposed rule should be withdrawn until EPA promulgates standards, at which time NRC can then modify its repository licensing rule to meet the EPA standards, as required by law.

In order to make a bigger "splash" with the NRC, we are encouraging individuals and organizations to submit their own comments, rather than to simply sign on to NIRS' comments. This way, NRC will have to handle each individual entry as one more distinct public comment; the larger the number of such comments, the more clear it will be that citizens across the USA are concerned with the NRC and DOE forcing shortcuts on safety at Yucca Mountain.

The full text for the NRC proposed rule can be found in the 2/22/99 Federal Register (Vol. 64, Num. 34, starting at page 8639 -- the document is 78 pages long), which is accessible via internet at http://www.access.gpo.gov/su_docs/aces/aces140.html.

This is the Federal Register Online via GPO Access. Click on the "Federal Register" button. Make sure the date is set for 1999, and on 2/22/99. Use "nuclear" as the search term, and click "submit". If you have problems, phone Kevin Kamps at NIRS (ph. 202-328-0002), or the GPO Access User Support Team (ph. 202-512-1530) NIRS will post its comments on the NIRS website (www.nirs.org) on Monday afternoon, June 28th. Please feel free at that time to "borrow" ideas, to formulate comments in your own words.

In the meantime, the following points give an overview about why NRC's proposed rule is unacceptable from environmental, public health, and legal perspectives:

* NRC has no legal authority to usurp EPA's legally mandated jurisdiction, under the Energy Policy Act of 1992, to set radiation release, public health, and environmental protection standards for the proposed Yucca Mountain repository. As mentioned above, the NRC's proposed rule should be withdrawn, until EPA promulgates standards, at which time NRC can then modify its repository licensing rule to meet the EPA standards, as required by law.

* Why should Nevadans living near the proposed Yucca Mountain repository be less protected from radioactive contamination of their water supply than, say, New Mexicans living near WIPP? The NRC rule proposes a lesser standard of protection for Yucca Mountain releases, despite the fact that local Nevadans will also be exposed to radioactivity from two other sources: the Nevada Test Site, and the Beatty "low level" radioactive waste dump. Since groundwater contamination would deliver Yucca's worst doses of radioactivity to nearby residents, water quality must be protected to the fullest extent of the law, which this proposed NRC rule fails to do. Yucca Mountain should have the most stringent of standards, for leakage will only increase over time. Such stringent standards would guard against an unsafe location being licensed for the repository

* This NRC proposed rule does not assure adequate protection for future generations of people who would be exposed to radionuclide releases from the proposed Yucca Mountain repository.

* The proposed rule does not limit the thermal energy output of high-level radioactive waste per unit area of the repository emplacement area, which is a critical design and safety shortcoming. Yucca Mountain's rock may not be capable of containing such high levels of thermal heat and radioactivity.

* Lots can change in 10,000 years. Due to the tremendous uncertainty associated with the proposed Yucca Mountain repository, radiation protection standards for the public health and the environment should be more stringent, rather than the less stringent standards NRC puts forth in this proposed rule.

* This NRC proposed rule seriously underestimates the potential dangers associated with future, unpredictable human intrusions over the next several centuries or millennia which could breach the proposed repository at Yucca Mountain.

* Despite the complexity and decades-long process involved with the Yucca Mountain repository proposal, this NRC rule would weaken or undo the requirement that DOE systematically record its decisions that significantly concern safety, how those decisions were made, and what factors influenced them. Given the grave consequences of radiation leakage from a repository, systematic accountability on scientific and engineering decisions related to safety must be upheld.

Comments should be mailed to:

Secretary
U.S. Nuclear Regulatory Commission
Washington, D.C. 20555-0001
attn. Rulemakings and Adjudications Staff

Comments can also be submitted via the NRC's interactive rulemaking website, through the NRC home page. It allows you to submit a word processing file containing your comments. Go to http://www.nrc.org, and click on Rulemaking at the bottom of the page. Click on the following sequence of choices: Rulemaking Forum; News, Information, and Contacts for Current Rulemakings; Proposed Rulemaking -- Disposal of High-Level Radioactive Wastes in a Proposed Geologic Repository at Yucca Mountain, Nevada; Public Comments; Submit a Document. You then fill in the blanks (name, address, etc.), load your file, and send it.

Your comments can also be faxed to the Office of the Secretary at (301) 415-1101 (put to the attention of Andrea Byrd). Comments can be e-mailed, as well, to CAG@nrc.gov Please include "RE: Proposed Rule : Disposal of High-Level Radioactive Wastes in a Proposed Geologic Repository at Yucca Mountain, Nevada" at the top of your comments.

If you have questions about any of these ways to submit your comments, contact Kevin Kamps at NIRS (ph. 202-328-0002), or Carol Gallagher at NRC (ph. 301-415-5905).

Thank you for any action you can take on this important matter. Please contact Kevin Kamps at NIRS if you have any questions: ph. 202-328-0002.

This update was prepared by Kevin Kamps, NIRS Nuclear Waste Specialist, on Wednesday, June 23, 1999.


SHUNDAHAI NETWORK
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Shundahai Network is proud to be part of: shundahai@shundahai.org Healing Global Wounds Alliance, a multi-cultural alliance to foster sustainable living and break the nuclear chain; and Abolition 2000: A Global Network to Eliminate Nuclear Weapons shundahai@shundahai.org Honoring the Mother, Healing Global Wounds Spring Gathering, May 7-10, 1999 at the Nevada Test Site http://www.shundahai.org/HGW

By Keith Rogers
Review-Journal
December 03, 1998
http://www.lvrj.com/lvrj_home/1998/Dec-03-Thu-1998/news/10156392.html

For John Wells, living in the Las Vegas Valley or any part of a wide swath of Nevada known as Newe Sogobia means being one of the leaders of a nation within a nation.

At 50, Wells is the southern representative to the Western Shoshone National Council, which represents about 10,000 Shoshone people who are spread, primarily, throughout the Southwest. That includes several hundred in the Las Vegas Valley.

Ever since the Treaty of Ruby Valley was forged in 1863 between the United States and the Western bands of the Shoshone Nation, the two nations -- the United States and the Western Shoshone -- have been at odds over claims to what amounts to about one-third of Nevada.

In his language, it is "Newe Sogobia," which translates to "people of Mother Earth."

Last month, Wells told the Community Advisory Board for the Department of Energy's Nevada Test Site that the Ruby Valley Treaty still holds today and the U.S. government violates it through its work in nuclear weapons testing and its effort to dispose high-level radioactive waste in Yucca Mountain.

He said he intends to make his case again when the Nevada Test Site Community Advisory Board meets in January, even though the branch of the U.S. government that deals with other nations -- the State Department -- doesn't recognize the Western Shoshones as a nation.

Reminding the board about the conditions of the treaty "keeps the issue alive with the public," Wells said in an interview this week at his home in southeast Las Vegas Valley.

"Not to go to the board, or not to go out and protest," he said, "is to say, `All right, I'll lay down and you can steamroll me.' "

Despite the fact that the government allocated to the Western Shoshone $26 million in 1973 for land that includes what is now the test site and Yucca Mountain, the national council has not accepted it.

The money and interest, now about $105 million, sits untapped in an Interior Department trust account.

"The council refuses to accept the money as have reservation governments. That will continue to be our policy," he said.

One Shoshone band, the Te-Moak tribe from the Battle Mountain-Elko area, did vote to accept the money this year, but Raymond Yowell, chief of the Western Shoshone National Council, said the vote did not represent the entire nation.

Even if the council decides to eventually accept the money, none of it would be distributed "until everything has been resolved," he said.

And that means, the government would have to negotiate with the council on a wide range of issues including test site activities, mining and grazing.

Wells said the $26 million payment, accepted by the Interior Department on behalf of the Western Shoshone, was an attempt "to make things right."

But, he said, "Could I put money into a bank account in your name and take your home?"

In November, Wells explained to the advisory board that the discovery of gold in California in the 1840s had a dramatic effect on the Western Shoshone way of life.

In 1849 alone, he said, more than 100,000 Americans traveled to California with about 60,000 of them traversing Newe Sogobia.

"Livestock depleted food resources, hunters took more game than nature could replace. Unprincipled travelers used Indians for target practice and sexually abused Indian women," he said.

"The Shoshones refused to take this treatment passively, and retaliated against the American invaders by carrying out raids to take horses and weapons.

"Crossing Newe territory was no longer as safe as it had once been," Wells said.

A treaty was negotiated in 1855 but lost approval from the Office of Indian Affairs and was never ratified by the Senate.

The treaty crafted in 1863 was ratified by Congress and signed by President Ulysses S. Grant because of the need for a safe route to the California gold fields to finance the Civil War.

The treaty, according to Wells, allows U.S. citizens to travel through Western Shoshone territory "unmolested, to mine, ranch and create agricultural settlements.

"It does not imply that the Western Shoshone sold, gave or transferred title of its lands to the United States," he said.

Wells' family and relatives made their homes near Beatty on the outskirts of the test site, where his nearest full-blooded relative, Mary Strozzi, lived. He said the Energy Department's activities near there contradict federal court rulings in 1984 and 1986 that the treaty still has full force and effect.

"In a nutshell, the Department of Energy is doing all this work, including the study of Yucca Mountain, within our territorial boundaries. The treaty states what is allowable. The testing of nuclear weapons and the storage of nuclear materials is not in our treaty," he said.

Western Shoshones have challenged the government's authority over their territory in several legal batt