Native+American+Claims

The Shoshone and Arapaho Claims and How They Have Been Resolved

The Wind River Shoshone Indians obtained a judgment against the government for $4,408,444.23 on December 2, 1935. The settlement was made to compensate the tribe for the lands occupied by the Arapahos on a "temporary basis" since 1878. Although the Arapahos had been a party to the McLaughlin Agreement in 1896, the title to their lands was not cleared until the 1935 settlement was reached. Since then, the two tribes have been co-owners of the reservation.

The Shoshone claim in Docket No. 63 was for taking 700,642 acres of the Wind River Indian Reservation in the Brunot Agreement of September 26, 1872.2 The price paid was deemed "unconscionable." A final settlement in the amount of $433,013.60 was entered on April 22, 1957.

2 82 Ct. Cl. 23.

Docket No. 157 was a claim for removal of gold by settlers between 1868 and 1874.3 The Shoshone tribe asserted that the United States was responsible for not preventing such invasion. A final settlement of $120,000 was entered on February 24, 1965. This was a gross settlement of $195,000 less offsets of $75,000.

Dockets 326 and 367 were on behalf of the Shoshone tribe of the Wind River Reservation, the mixed Bannocks and Shoshones of the Fort Hall Reservation, and the Northwestern Shoshones of Utah.4 Five claims under Docket 326 were consolidated with claims under Dockets 366 and 367. The total settlement of all was for $15,700,000. Of this amount, $500,000 was allocated for the Fort Hall Reservation claims. The Wind River Shoshone tribe participated in only Docket 367 which was brought on behalf of the Shoshone nation or tribe. This was later divided between the Shoshones at Wind River Reservation and the groups at Fort Hall and the Northwestern Shoshones. This was a settlement for the aboriginal domain recognized in the Fort Bridger Treaty of 1863.

The Arapahoe tribe received only one judgment -that from the Indian Claims Commission. Another claim which had been filed on March 23, 1929, in the Court of Claims was dismissed January 6, 1941, for lack of prosecution.

The Arapahoe claim in Docket 329 was on behalf of the Northern and Southern Cheyennes and Arapahos. 5 The net judgment which resulted from the settlement was $15,000,000. It was for taking of lands set aside for the tribes under the Fort Laramie Treaty of 1851. The Southern Cheyennes and Arapahos, according to agreement among the groups, received 50.61% of the judgment.

The editor acknowledges the help given by Clyde W. Hobbs,agent, and Mrs. Silas Lyman, Fort Washakie, and Glen A. Wilkinson of Wilki nson, Cragun & Barker, Washington, D.C., in summarizing the cases.

Investigation of the Bureau of Indian Affairs, House of Representatives Report 2503,1952.
 * 1 6 Ind. Cl. Comm. 636, 18 Stat. 291.

4 6 Ind. Cl. Comm. 636, 415 Stat. 673. 16 Ind. Cl. Comm. 612.