Monday, 14 April 2014 18:00
Written by Warren Mass
The standoff between Nevada rancher Cliven Bundy and the federal Bureau of Land Management (BLM) deescalated on April 12, when the bureau announced that it will stop its operation to confiscate Bundy’s cattle.
But another aspect to this ongoing story is jumping: The blogosphere is alive with allegations that Senator Harry Reid (pictured), and his son, Rory, have motivations of their own for wanting Bundy’s cattle off the disputed lands.
Though the major media announced that a “deal” had been reached between Bundy and the BLM, Bundy explained what transpired differently in an interview with KLAS TV in Las Vegas: “There is no deal here. The citizens of America and Clark County went and took their cattle. There was no negotiations. They took these cattle. They are in possession of these cattle and I expect them to come home soon.”
The BLM stated in its statement released on April 12: “Based on information about conditions on the ground, and in consultation with law enforcement, we have made a decision to conclude the cattle gather because of our serious concern about the safety of employees and members of the public.”
The BLM’s language made apparent that the bureau still regarded its actions “to remove illegal cattle from federal land consistent with court orders” as being legally justified:
This is a matter of fairness and equity, and we remain disappointed that Cliven Bundy continues to not comply with the same laws that 16,000 public lands ranchers do every year. After 20 years and multiple court orders to remove the trespass cattle, Mr. Bundy owes the American taxpayers in excess of $1 million. The BLM will continue to work to resolve the matter administratively and judicially.
As William F. Jasper noted in his April 11 article about the standoff, however, there was more to the federal action to remove Bundy’s cattle from “public lands” (where they are, allegedly, damaging the “fragile” habitat of the protected desert tortoise) than has been widely reported:
According to Bundy, whose family has been ranching in the area since the 1800s, the BLM’s armed invasion and occupation of Nevada has nothing to do with protecting the tortoise and everything to do with running him off the land, as it has already done to all of the other ranchers in Clark County.
As for the BLM’s assertion that its actions “to remove illegal cattle” are legally justified, among the many points that Joe Wolverton II made in his April 12 article charging that the seizure of Bundy’s cattle was unconstitutional was this citation from Section 1 of the Nevada constitution, titled “Inalienable Rights”:
All men are by Nature free and equal and have certain inalienable rights among which are those of enjoying and defending life and liberty; Acquiring, Possessing and Protecting property and pursuing and obtaining safety and happiness.
Wolverton observed: “Despite the Nevada constitution’s capitulation to supreme federal authority (authority, remember, that does not exist in the Constitution) … it could be argued [that the above-quoted language from Section 1] supersedes the other article’s cession of state and popular sovereignty.”
That which is unconstitutional, therefore, cannot properly be called legal.
As the tension between Bundy and the BLM ratchets down, a number of conservative bloggers and pundits have raised questions about another angle in this case: Does the BLM want Bundy’s cattle off the land his family has worked for over 140 years in order to free up the land for the construction of solar panel power stations?
That question was prompted, in part, by since-deleted information previously posted on the BLM website, information retrieved from Google’s cache.
The text of a BLM document retrieved from Google’s cache and posted by Liberty News Online contains the following chronology of events:
• “In 1993, some of the terms of Mr. Bundy’s grazing permit for the Bunkerville allotment were modified to protect the desert tortoise.”
• “In 1998, the United States filed a civil complaint against Mr. Bundy for his continued trespass grazing in the Bunkerville Allotment.”
• “In 1999, the Las Vegas Field Office Resource Management Plan designated the Bunkerville allotment as ‘Closed to Grazing’ to protect desert tortoise habitat.”
• “In March 2011, BLM counted 903 cattle from a helicopter spread out over approximately 90 miles in northeast Clark County within the Gold Butte area … 41 percent had either brands or earmarks registered to Cliven Bundy.”
• “In May 2012, the United States filed a Complaint seeking declaratory and injunctive relief for Cliven Bundy’s trespass grazing within the Gold Butte area outside the Bunkerville Allotment.”
A PDF of the BLM’s document, “Regional Mitigation strategy for the Dry Lake Solar energy Zone: Technical Note 444,” produced by the BLM in March, can be found online.
Technical Note 444 states that the “’Regional Mitigation Strategy for the Dry Lake Solar Energy Zone’ recommends a strategy for compensating for certain unavoidable impacts that are expected from the development of the Dry Lake Solar Energy Zone (SEZ) in southern Nevada.”
Technical Note 444 states: “The resource values found in the Gold Butte ACEC are threatened by: unauthorized activities, including off-road vehicle use, illegal dumping, and trespass livestock grazing ; wildfire; and weed infestation.” (Emphasis added.)
The above-referenced BLM “Technical Note 444” specifically mentions the Gold Butte Area of Critical Environmental Concern (ACEC) 76 times. While the document expresses many environmental concerns, including “trespass livestock grazing,” it is important to keep in mind that the title of the document reveals the BLM’s ultimate objective, which is to create a “solar energy zone.” FINISH READING…