Wednesday, April 16, 2014

 The Bundy fight has many nuances.....can anyone fact check this??

David Thomas The United States government received the territory which would become Nevada from the Mexican government in the Treaty of Guadalupe Hidalgo in 1848. Under the property clause (U.S. constitution article 10, section 3, clause 2), the United States government can make use of territories or other property of the United States government. In United States v. Gardner in 1997, another Nevada rancher used similar arguments as Mr. Bundy about how the state of Nevada not the U.S. government owned a different piece of land. The rancher cited a case from 1845. In this case, Virginia and Georgia had basically pawned land to the U.S. government to help them pay for debts accrued during the Revolutionary War. This particular agreement stated that the land would be held by the U.S. government until the land became a state. At the time of statehood, ownership of the land would be transferred to the state. This specific agreement was carried out and does not apply to Nevada. The last argument that has been made by Nevada ranchers is that the Equal Footing Doctrine limits the amount of land the U.S. government can own. However, the Equal Footing Doctrine involves political standing and sovereinty relative to other states of the Union. The only mention of property states that the shores and beds of navigatable waters are owned by states ............................................................................................................So, the U.S. did own the land before Mr. Bundy. The right of the federal government to own this land is written into the constitution. The Nevada ownership of the land has been shot down in court (U.S. v. Gardner). Also, I have acquired court documents from U.S. v. Bundy from 1998 and 2013. If you would like these me your email ...........................................................................................................The free speech area was created to protect agency workers who are also citizens of the United States and other measures to protect agency workers were provoked by threats made by Mr. Bundy and his family. Mr. Bundy and his followers are the only people that have used intimidation in this conflict.
Let me learn you something real quick. This man is not a hero. He is a man who has been breaking the law for 20 years and is using political views to manipulate people into helping him. His actions are causing the deterioation of lands the government is attempting to conserve for both the desert tortoise and for public use.
Let me spin you a historical yarn.....
The federal government owns land that has been acquired by the United States government. Much of this land has been turned over to private citizens for no or a minimal fee through a series of Homestead Acts. These acts have given land to private individuals who were willing to live on the land. Originally, individuals were given 160 acres with subsequent increases to 320 and 640 acres in amended Homestead Acts.
Unclaimed land remained in possession of the federal government and has been held in the public trust since. Ranchers in the west were able to use public land for grazing unrestricted until 1936. The Dust Bowl in the1930’s caused public outcry and was attributed to the deterioration of rangelands. The Taylor Grazing Act of 1936 was the first attempt to help rangelands on public land to recover (public land and federal land can be used interchangably). Under the Taylor Grazing Act, permits were issued to ranchers allowing them to graze their cattle on public lands (the cost of permits was and still is a fraction of what it would cost for ranchers to raise cattle on private land). These permits were meant to limit the number of cattle on public lands and allow rangelands to recover. The Bureau of Land Management (BLM) was established in 1946 to manage federal lands that did not fall under the control of the Forest Service and National Park Service (aka the rangelands). Subsequent acts were passed by congress allowing the BLM to limit the number of permits issued for grazing on public land.
The Endangered Species Act was passed by Congress in 1973 to reduce and prevent the extinction of species. The Fish and Wildlife Service (FWS) was given the responsibility of identifying and listing species that are endanger of extinction as set by the ESA. In 1980, the desert tortoise was listed as threatened under the ESA. Along with listing, the FWS must designate critical habitat for a listed species. In 1993, the FWS proposed a rule to designate critical habitat for the desert tortoise. After a year of accepting and responding to public comments, a final rule was codified in 1994. The final rule listed this BLM land as critical habitat for the desert tortoise. To help conserve the desert tortoise under the ESA, the BLM increased the cost of grazing permits. Mr. Bundy quit paying the grazing fees that all other ranchers continued to pay. In 1998, the courts upheld federal ownership and ordered Mr. Bundy to pay grazing and trespass fees. Mr. Bundy continued to graze his cattle illegally. In 2013, the courts ordered the removal of Mr. Bundy's cattle to prevent further deterioration of public lands and to collect the back dated fees (fees that other ranchers have been paying).

My note:
The cost per head for grazing right are ridiculously low......or is this about something else. I am a believer that this land belongs to you and me, not just the Bundy empire.

1 comment:

  1. Paul Deming
    Apr 16, 2014

    Not only are the claims quoted in the blog at least mostly accurate (100% accurate in terms of what it means for public lands in Nevada), the case is even quite a bit stronger even than that. Like that Maryland, leading the other small states in 1782, forced the concession that the larger states ceded their western reserves to the Federal Government under the articles of confederation and that in the Northwest Ordinance of 1787 (again under the articles of confederation) the process for creating territories, distributing land and property rights, drawing boundaries where all established by the Federal Government. Even more damning to the Bundy argument is that every state (after the original 13) entered the Union by the passing and acceptance of an Act of Entitlement and except for Texas, every single state ceded it's public lands to the Federal Government in the Act of Entitlement with the Federal Government then granting back some lands to the state, primarily every 16th section in the survey. So at the time of the actual creation of the United States Federal Government under the Articles of Confederation the Federal Government was the largest land holder and held more land than all 13 Colonies combined, at least theoretically. The parts about Georgia and the land ceded by Georgia that partially became Alabama and Mississippi requires a bit more detail to explain.