Utah leaders issue resolution to undo decades of federal monuments injustices

On Jan. 26, 2017 the Utah House Rules Committee passed both resolution, H.C.R. 11 urging President Trump to rescind the Bears Ears National Monument Designation, and H.C.R. 12 Resolution Urging Federal Legislation to Reduce or Modify the Boundaries of the Grand Staircase-Escalante National Monument. Both resolutions passed six to two. H.C.R 11 was introduced by Speaker of the Utah House of Representative, Greg Hughes, with witness support from all three San Juan County Commissioners: Rebecca Benally, Phil Lyman, and Bruce Adams.

Rep. Michael E. Noel presented H.C.R. 12. This was written in cooperation with Kane and Garfield County elected officials. Commissioner Leland Pollack, Sterling Brown of the Farm Bureau, and Matt Anderson of Sutherland Institute also gave testimony.

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Crowd of 500, including some Oregon standoff defendants, salute Robert ‘LaVoy’ Finicum

JOHN DAY — Caravans of trucks with American flags and “Don’t Tread on Me” banners rolled into town over several days to gather Saturday night for a conclave that was part memorial, part reunion and part religious revival.

A crowd of more than 500 people grew still as Jeanette Finicum took the microphone.

“They silenced one man’s voice,” she said, speaking of husband Robert “LaVoy” Finicum, an Arizona rancher shot and killed by police as he and others occupying the Malheur National Wildlife Refuge were traveling north to this eastern Oregon town of about 1,700.

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Prosecutors seek to restrict defense at upcoming Bundy trial in Las Vegas

Anticipating a battle in the upcoming trial against six associates of rancher Cliven Bundy, federal prosecutors this week asked a judge to prohibit defense attorneys from referencing a wide range of material that is central to defense strategy in the case.

The six men scheduled to stand trial next month are considered the least culpable of the 18 charged in what authorities call a “massive, unprecedented assault on law enforcement officers” who in 2014 tried to remove Bundy’s cattle from public land in Bunkerville following a decades-long dispute over grazing fees. The antagonistic rancher rallied armed supporters, and a high-stakes standoff ensued.

The six requests in the sweeping motion filed late Tuesday include one asking that defense attorneys be prohibited from arguing that the federal government does not or should not own the land from which Bureau of Land Management agents tried to seize cattle. That includes mentions of ownership of the Gold Butte range and its recent designation as a national monument.

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Defense attorneys in Bundy case respond to prosecution request to block some testimony

Defense attorneys who represent associates of rancher Cliven Bundy responded swiftly this week to a government motion that aimed to block testimony about a wide range of topics in the upcoming trial against the people charged as gunmen in the 2014 standoff in Bunkerville.

The six alleged gunmen, who are scheduled to stand trial next month in Las Vegas, are considered the least culpable of the 18 people indicted last year.

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CoA Institute Sues BLM for Shielding Information on Expansion of Federal Lands

Washington, D.C. – Cause of Action Institute (“CoA Institute”) today sued the Bureau of Land Management (“BLM”) to obtain access to records about the agency’s acquisition of land in Arizona, Nevada, and New Mexico. Last year, the BLM asked Congress for nearly $90 million for new purchases, even though the agency already is responsible for about 250 million acres of federally-owned land. Americans deserve to understand how and why the BLM wants to increase its control over land that could otherwise be used for private or state purposes.

To shed light on the BLM’s land deals and ensure that the agency is responsibly managing its resources, CoA Institute submitted a Freedom of Information Act (“FOIA”) request on August 10, 2016 seeking purchase agreements, appraisals, and related communications. Nearly six months later, the agency has failed to issue a final determination on CoA Institute’s request or produce responsive records as required by FOIA.

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Robert ‘LaVoy’ Finicum’s widow returns to Oregon a year after he was shot

A year ago, Jeanette Finicum was watching her daughter’s basketball game at Fredonia High School when she overheard something about a shooting in Oregon.

She had just returned to Arizona from a weekend visit with her husband at the Malheur National Wildlife Refuge, where Robert “LaVoy” Finicum had become the spokesman for the armed takeover.

She grabbed her cellphone, dialed her husband’s number but didn’t get an answer. A short time later, she got a call from Lisa Bundy, the wife of refuge occupation leader Ammon Bundy.

“She told me LaVoy had been killed,” Jeanette Finicum recalled this week. “It was horrific. They stopped the game. His mother and father and brother, my daughter were all there.”

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Chaffetz Introduces Land Management Bills “It’s time to get rid of the BLM and US Forest Service police”

“It’s time to get rid of the BLM and US Forest Service police. If there is a problem your local sheriff is the first and best line of defense. By restoring local control in law enforcement, we enable federal agencies and county sheriffs to each focus on their respective core missions.

“The long overdue disposal of excess federal lands will free up resources for the federal government while providing much-needed opportunities for economic development in struggling rural communities.”

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Repair of two trenches, road dug at Mahleur National Wildlife Refuge cost more than $100,000

The cost of repairing two trenches and a road, dug last winter on a part of the Malheur National Wildlife Refuge that’s considered an archaeological site, was slightly more than $108,000, according to federal authorities.

Two of the seven defendants set for trial next month, Jake Ryan and Duane Ehmer, are accused of digging the trenches and charged with depredation of government property, considered a felony when damage and repair is more than $1,000.

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Trump’s pick to head Interior vows to review Gold Butte designation

WASHINGTON — Montana Congressman Ryan Zinke, President-elect Donald Trump’s pick to head the Interior Department, told a Senate hearing Tuesday he would review a recent controversial presidential declaration to create national monuments in Nevada and Utah.

But Zinke pledged to visit Nevada and speak with officials in the Silver State before making a recommendation on whether the incoming administration should try to rescind President Barack Obama’s declaration to designate the Gold Butte region, and Bears Ears in Utah, as monuments.

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Federal land redistribution rumbles build in D.C.

WASHINGTON— Emboldened by the change of administration, GOP lawmakers are quietly making moves that would permit a potentially vast transfer of federal land to states and other entities.

On a party line vote last week, the House of Representatives approved rule changes that would expedite such transfers, alarming environmental and recreation groups that have long called for “public lands to stay in public hands.”

President-elect Donald Trump and his pick for interior secretary, Rep. Ryan Zinke, a Montana Republican, have both said they oppose turning federal lands over to states or localities. Even so, Zinke joined his party in approving the Jan. 3 rules package, raising questions about how Trump might act if lands transfer legislation were to reach his desk.

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EPA says it won’t repay claims from waste spill

The Environmental Protection Agency announced Friday it will not repay claims totaling more than $1.2 billion for economic damages from amine waste spill the agency accidentally triggered in Colorado, saying the law prohibits it.
The EPA said the claims could be refiled in federal court, or Congress could authorize payments.
But attorneys for the EPA and the Justice Department concluded the EPA is barred from paying the claims because of sovereign immunity, which prohibits most lawsuits against the government.

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Editorial: Give Nevadans a voice in land use

Nevada’s two remaining Republican representatives in Washington have joined forces to introduce legislation that would prevent future presidents from usurping Nevada land without first consulting Nevadans.

This past week Sen. Dean Heller and Rep. Mark Amodei, who represents Northern Nevada, introduced the Nevada Land Sovereignty Act of 2017 (H.R. 243, S. 22). If passed, it would block executive fiats designating or expanding national monuments without congressional approval or local support, they say.

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Sell It Off? House Gop Wants To Transfer Federal Lands To The States

On Tuesday, the new Republican-controlled Congress passed a new House rules package, which, among others things, made it easier for federal lands to be transferred to states. What this means is that states that need to raise extra money could, and likely will, lease or sell lands to oil companies, loggers or ranchers instead of maintaining them for public use.

This is a substantial change. Previously, the federal government had to offset any income it lost through land transfers by cutting budgets or raising revenues elsewhere. But the new rule removes that obstacle, which means the federal government will likely be a lot more willing to hand land over to states.

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Why Trump’s new BLM Director must fire Daniel P. Love

What resulted was an unbelievable show of force, including over 200 agents, among whom were snipers whose weapons were trained on the protesters. Cliven Bundy’s civil disagreement with the BLM erupted into a government assault which violated the property and personal rights of numerous individuals. Citizens were confronted by BLM agents, tazed, brutalized, arrested and threatened with deadly weapons.

Commentary by Free Range Report

Daniel P. Love is hated in the West, and for good reason. Not only is his record of reprehensible behavior towards law-abiding Americans shocking to the conscience, but he embodies everything that is wrong with the Bureau of Land Management; arrogance, hostility, and contempt for property and human rights. His name is connected to several federal operations in which the lives of innocent citizens were lost or changed forever, and not only has he escaped the consequences of his thuggish, militaristic tactics, Daniel P. Love was promoted to become director of the BLM’s most militarized division, the Division of Security, Protection and Intelligence.

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Newspaper Column: Congress Or Trump Could Undo Gold Butte Monument Designation

There is a word for what President Obama did this past week in declaring Gold Butte a national monument: dictatorial.

In just more than a year Obama has unilaterally declared off-limits to productive economic uses 1 million acres of Nevada land — first the 700,000-acre Basin and Range National Monument straddling the border between Lincoln and Nye counties and now the 300,000-acre Gold Butte National Monument in rural northeast Clark County.

This brings Obama’s total protected acreage to 550 million — more than any predecessor and twice that set aside by Teddy Roosevelt under the Antiquities Act of 1906 — though much of Obama’s designations are underwater.

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Gold Butte Proclamation Still Allows Hunting, Fishing In Area

Early European explorers also hunted in this area, as did Mormon pioneers and miners who settled in Gold Butte, and that tradition has continued into the modern era. Every year hunters travel to Gold Butte in pursuit of Gambel’s quail, chukar partridge, bighorn sheep and even mule deer. Trappers also ply their trade, and anglers pass through on their way to remote corners of Lake Mead.

Today, however, sportsmen are wondering whether they will be able to continue to enjoy the hunting, camping and other outdoor opportunities Gold Butte has long offered visitors. They also are concerned about the future of wildlife water developments that have been installed in the last half century. I suppose it depends on how literally present and future land managers take the wording contained in the president’s proclamation.

“Nothing in this proclamation shall be deemed to enlarge or diminish the jurisdiction of the state of Nevada, including its jurisdiction and authority with respect to fish and wildlife management, including hunting and fishing.” Also, the proclamation states it doesn’t preclude the renewal, maintenance or replacement of “wildlife water catchments … that are located within the monument.”

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Republicans Seek Nevada Public Lands Bill

WASHINGTON — Angered over President Barack Obama’s protection of public lands, two Nevada lawmakers filed legislation Wednesday that would prevent executive action to expand or designate national monuments without congressional approval.
U.S. Sen. Dean Heller and U.S. Rep. Mark Amodei, both R-Nev., filed the bills in the Senate and House to “stop these unilateral federal land grabs” regardless of which political office holds the White House.

The lawmakers have titled their bill the Nevada Land Sovereignty Act.

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The Legal Basis For Why Western Ranchers Own And Do Not Rent Their Allotments

There are a lot of US Supreme Court decisions on the subject of “pioneer rights”, or settlers’ rights of “possession” or “occupancy” and “use”. The case that specifically refers to “pioneer rights” is Lamb v Davenport, 85 US 307 (1873).

Arguello v United States, 59 US 539 (1855), refers to a “cattle range” held in possession for 50 years (from prior to the Mexican cession to the US) as sufficient evidence of ownership. Essentially, pioneer rights are equivalent to “possessory” or “occupancy” rights that typically have the sanction of State or Territorial legislation, or; local laws, customs and decisions of the courts; or “aboriginal” title” or “possessory” or “occupancy” rights dating from a time prior to US acquisition through “treaty” (ie. Gudalupe-Hidalgo, 1848, or the Oregon-Northwest Treaty with Great Britain, 1846). This same possessory or occupancy right of “actual settlers” gives the settler a “color of title” which has been referred to as the “preference” right. The preference is the preferred right to acquire the government’s “legal title” when the land occupied or in the possession and use of the pioneer is eventually opened to settlement. (See Frisbie v Whitney, 76 US 187 (1869)). This pioneer right of possession and preference gives the occupant the right to sell his improvements as well as his possessory title, and such ownership will “relate back” to the first pioneer’s date of settlement.

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How Obama’s National Monumental Land Grab Can Be Undone

But as I related a couple of months ago the law has never been challenged on the basis of its constitutionality.

Article IV, Section 3 of the Constitution reads: “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States …”

The question is whether Congress has the power to abdicate that power and turn it over to the president, as it did with the Antiquities Act of 1906.

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Rally Protests Gold Butte Monument Declaration

A few dozen people, most of whom were family members or friends of Bunkerville rancher Cliven Bundy, staged a quiet rally Saturday at the state Route 170 access to the Gold Butte land falling under the monument declaration near Bundy’s home.

The demonstrators rang out the year under cloudy skies as they held signs that decried Obama’s authority to restrict access and called on President-elect Donald Trump for help, but throughout the morning hours they primarily visited with each other while watching an occasional vehicle pass.

“We’re proving that the Bundys couldn’t have had a conspiracy, because we’re never organized enough to conspire against anybody,” Carol Bundy, the wife of Cliven, joked in reference to the criminal charges filed against her husband and sons after a violent encounter with federal officers in April 2014.

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Happy New Year: Obama Land Grabs Can Be Reversed By Congress, Trump Administration

Mr. Obama has repeatedly abused his authority under the Antiquities Act to declare vast new national monuments, including on the high seas. This week’s monument designations have been strongly opposed by state officials and GOP congressional leaders, including the unanimous delegation from Utah.

Trump Can Reverse Obama’s Last-Minute Land Grab

The White House is trying to lock up millions of acres, but no president can bind his successor.

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Despite Broad Opposition, President Obama Proclaims National Monuments in Utah and Nevada

“Utah is saddened by this announcement today. It is alien to the desires of the overwhelming majority of Utahns. It’s also alien to the desires of the overwhelming number of Native Americans who live in this area, who will use this area, who approached us on how they wanted to function on this land. None of those desires are going to be accomplished by a monument designation.

“It is sad that there are special interest groups that feel that they are empowered, that feel that they can get the President to bend to their every will. Unfortunately, with today’s announcement, maybe there is some truth to that.

“Mr. President, I want you to know that we are saddened by this abuse of the Antiquities Act. It is sad that this entire process has been done in secrecy and in shadows. And Mr. President, I want you to know as Utahns, we will use every tool at our disposal to do the right thing—whether it be legislative action, judicial action, even executive action—because what we have seen so far is a poor procedure. It’s a poor policy and it reflects poorly on your legacy. As Utahns, we will fight to right this wrong.”

Chairman Bishop added:

“The announcement perpetuates two egregious lies. The first being that the size of the monument parallels the Public Lands Initiative. That is not true. The administration is grasping at arguments to justify a lame duck administration’s efforts to do things contrary to the will of the people who live in San Juan County. The second lie is in the creation of a faux commission to give management authority to Native Americans. This is a diversion. The Utah delegation wants to give management authority to Native Americans; the administration can’t. Only Congress can legally do so. This administration over-promised, failed to deliver, and is now trying to hide its ineptitude.”

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Fox News Special Report’s panel discussed the midnight monument designation by the Obama Administration.

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Oregon Occupation A Year Later: Ranch Family At Center Of Debate Was ‘Scared To Death’

Susie Hammond closely tracked the Bundy trial in Portland.

She hoped it would help people learn about her family’s battle with the U.S. Bureau of Land Management, “where people who didn’t live in Burns, Oregon would see what’s going on way out here in the weeds.”

The trial offered a window into the obstacles ranchers face, she said. Arrogant federal bureaucracies that brush aside local voices, break promises and ignore or impose rules because they can.

“Bundy helped draw attention to these problems,” she said. “I was hoping something positive was going to come out of this that would make it possible for private property owners and public administration to be able to get along and be productive.”

That hasn’t happened, she acknowledged.

Hammond Ranches is in the middle of appealing the land bureau’s refusal in 2014 to renew the company’s 10-year grazing permit.

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