From Wikipedia, the free encyclopedia
Jump to: navigation, search

New article name goes here new article content ...


Ben Swann examined Bundy's comments in broader context and found that Bundy was not given a truthful representation,[1] the American Thinker revealed that Bundy was speaking to the consequences of Government welfare on black families and stated, "He is no more a racist than is E.W. Jackson, Thomas Sowell..."[2] David Brock of Media Matters for America confirmed that they themselves were the source of this news. [3]

Joseph Curl, writing for The Washington Times, leaves the controversy for his readers to decide, "One thing is clear: The New York Times, which broke the story, didn't offer the entire transcript of Bundy’s remarks. They edited them down, and every network that played the clips for hours and hours followed." [4]

In 1989, the Environmental Protection Agency listed the Desert tortoise as an endangered species, one year later that designation was reduced to threatened. [5] On January 28, 1993, a letter entitled, "Full Force and Effect Decision Bunkerville Allotment", changing the terms of his grazing permit, was mailed to Bundy. Bundy refused to agree to the the terms of Full Force and Effect Decision, and claimed in Federal Court that if the, "decision concerning the Desert Tortoise, if fully implemented,would lead to the end of ranching in Clark County," and his ranching days would be over. [6] In March of 1993, the Washington Post reported that the BLM had announced its plan for the area, which included: "...the elimination of livestock grazing and strict limits on off-road vehicle use in the protected tortoise habitat."[5] On February 26, 1993, Bundy sent an Administrative Notice of Intent to the BLM, which stated his intent to graze cattle "pursuant to my vested grazing rights.",[6] a right that cannot be taken or impaired without consent of the owner.[7]

Bureau of Land Management actions[edit]

BLM Trespass Cattle Closure Map 04 11 2014

The BLM was tasked with environmental assessment[8] and various enforcement issues regarding the cattle trespass injunctions. During March–April 2014, it closed some areas of government lands during the planning for roundup of the trespass cattle owned by Bundy. In early April, "just before the roundup got underway, a survey conducted by helicopter counted 908 head of cattle scattered across roughly 1,200 square miles of remote mountains and desert managed by the Bureau of Land Management and the National Park Service."[9] The BLM stated on its website:[10]

Cattle have been in trespass on public lands in southern Nevada for more than two decades. This is unfair to the thousands of other ranchers who graze livestock in compliance with federal laws and regulations throughout the West. The Bureau of Land Management and the National Park Service have made repeated attempts to resolve this matter administratively and judicially. An impoundment of cattle illegally grazing on public lands is now being conducted as a last resort.

A page on the BLM website, since removed, listed the impacts of trespass cattle owned by Cliven Bundy. Among these are risks to people driving on roadways, destruction of crops in private property, damage to community property in Mesquite, negative impacts on city facilities in Bunkerville, destruction of archaeological artifacts, and unauthorized reservoir construction.[11] The regional off-site mitigation strategies of non-governmental organizations are also delayed for the Dry Lake Solar Energy Zone,[12] and a matching $400,000 grant from the Walton Family Foundation to restore habitat for the Southwest Willow Flycatcher along the Virgin River is delayed on the condition that trespass cattle be removed by Bundy.[13]

BLM preparations and execution[edit]

A closure (effective March 27, 2014 to May 12, 2014), of the public lands known as Gold Butte, Mormon Mesa, and Bunkerville Flats Areas was approved by the Department of the Interior on March 24, 2014. Additionally, the Federal Record states: "This temporary closure is necessary to limit public access, use, and occupancy during an impoundment of illegally grazing cattle to ensure the safety and welfare of the public, contractors, and government employees."[14]

The project area consisted of 802,571 acres, primarily composed of The Bunkerville Allotment 145,604 acres and the New Trespass Lands 451,775 acres, portions of project area are managed under The Bureau of Land Management, Bureau of Reclamation and the National Park Service. [8]:3 Not all of the public areas would be closed at the same time if operations were moved to another location.[14]

No 30-day comment period or public scoping was conducted.[8]:5

Public and media relations[edit]

The BLM designated two First Amendment zones "...for members of the public to express their First Amendment rights: I–15 and Exit 112 for Riverside and State Route 170 and White Rock Road." [15] [16] However, only one of the two First Amendment zones would be open at any one time at the daily discretion of the, "Incident Command staff". A third area, I–15 and Toquap Wash (between mile marker 114 and 115),[17] was designated as a media area and "...BLM/NPS credentialed media..." could request tours by appointment inside the enclosure area to obtain b-roll video, no live feed and satellite trucks allowed. [8]:10 [14]

Free speech and no fly zones[edit]

Dave Bundy was arrested for filming a 300 strong contingent[18][19] of heavily armed BLM Enforcement Rangers and Special Agents from outside a First Amendment zone and was released on April 8. 2014. [20][21] Nevada Gov. Brian Sandoval released statement concerning the free speech zones:

Due to the roundup by the BLM, my office has received numerous complaints of BLM misconduct, road closures and other disturbances. I have recently met with state legislators, county officials and concerned citizens to listen to their concerns. I have expressed those concerns directly to the BLM.

Most disturbing to me is the BLM’s establishment of a 'First Amendment Area' that tramples upon Nevadans' fundamental rights under the U.S. Constitution. To that end, I have advised the BLM that such conduct is offensive to me and countless others and that the ‘First Amendment Area’ should be dismantled immediately. No cow justifies the atmosphere of intimidation which currently exists nor the limitation of constitutional rights that are sacred to all Nevadans. The BLM needs to reconsider its approach to this matter and act accordingly.

— Governor Brian Sandoval, April 8, 2014 [22]

Ian Gregor, FAA Public Affairs Manager, confirmed that a 30 day, Temporary Flight Restriction (TFR) over Mesquite, NV was instituted April 11, 2014. [23] [24][25]

Rule of Law[edit]

Texas Rep. Steve Stockman (R) sent correspondence to the BLM inquiring how, in light of U.S. Code — 43 U.S.C. Section 1733, Subsection C, the BLM "paramilitary raid" demonstrated a "...'maximum feasible reliance' upon such local officials." [21][26]

In granting the United States’ Motion to Enforce Injunction, on October 8, 2013, Federal Judge Larry R. Hicks noted in the Order: "Second, the Clark County Sheriff has indicated that he would also require a court order authorizing seizure and impoundment in order to provide local law enforcement support to the United States. See id. Indeed, local law enforcement support would be particularly important given the United States’ concern about a confrontation with Bundy in the event of a seizure and impoundment."[27]

On May 1, 2014, Utah Rep. Chris Stewart (R), announced that he will be looking into ways to defund paramilitary units for regulatory agencies.[18] Senator Rand Paul (R) also objected to "48 federal agencies carrying weapons and having SWAT teams." [19]

Roundup yield[edit]

Government contractors using horses and a small helicopter succeeded in penning almost 400 trespass cattle from April 5 to 9, 2014. "According to state brand inspectors, almost 90 percent of the cattle rounded up by midweek bore Bundy's brand. Of the remaining animals, five belonged to a neighboring rancher, four were marked with brands that couldn't be read, and the rest were slicks, a ranching term for unmarked livestock."[9] On April 17, the BLM confirmed that a cow and a bull owned by Bundy were put down for posing "a significant threat".[28] A state brand inspector said the bull "might have got frightened, but that's no reason to shoot a bull." Another said that bulls sometimes charge at people, adding that it takes "a pretty good-size weapon" to kill Bundy's breed of bull.[29]

After the roundup was suspended due to public safety concerns, BLM spokesman Craig Leff said the agency would continue to try to resolve the matter "administratively and judicially." Leff said, "The door isn't closed. We'll figure out how to move forward with this," and "The BLM and National Park Service did not cut any deal and negotiate anything."[30]

United States v. Hage[edit]

Elko County commissioner, Nevada rancher, and conservative Republican political activist Demar Dahl "notes that Bundy might benefit from following Nye County rancher Wayne Hage, who won a protracted battle with the federal government by successfully arguing that he had the right to graze his cows within two miles of water sources he developed." [31]In a similar case to Bundy's, ranchers in 2007 were sued by the Justice Department for trespassing on public domain lands in Nevada.[31][32] The ranchers were alleged to have repeatedly grazed livestock without federal permits, despite repeated trespass notices from the BLM and the Department of Agriculture's Forest Service.[32] In 2013, the court found in favor of the ranchers for all other charges, including water rights,[31] grazing rights, and all but two livestock trespass charges in United States v. Wayne Hage, FINDINGS OF FACT,CONCLUSIONS OF LAW, AND INJUNCTION. In the ruling, the judge said, "government officials ... entered into a literal, intentional conspiracy to deprive the Hages not only of their permits but also of their vested water rights. This behavior shocks the conscience of the Court and provides a sufficient basis for a finding of irreparable harm to support the injunction described at the end of this Order."[33]


Federal rangeland regulatory changes in 1993 name=EnvironmentalAssessment

Some US government land in Nevada is managed by the BLM, which allows stock grazing in some areas under certain permits and restrictions.[34] Bundy grazed his cattle legally on an area of public domain land near Bunkerville prior to 1993, but when grazing rules were changed in the Gold Butte, Nevada, area in Clark County, he became locked in legal battles with the US government.[10]

Bundy has since accumulated over $1 million of unpaid grazing fees and court-ordered fines. [35] [36] 8888888888888888888888888888888888888888

56,961,778 acres of land in Nevada is managed by the BLM. Over 18,000 grazing permits and leases are known to exist on BLM managed public lands. Season of use and forage use stipulations are stipulated on the permits and leases; grazing control can be targeted.[37]

[38] The terms and conditions for grazing on BLM-managed lands (such as stipulations on forage use and season of use) are set forth in the permits and leases issued by the Bureau to public land ranchers.

On March 27, 2014, 322,000 acres of public lands in Clark County, Nevada were temporarily closed, a fenced First Amendment zone was erected at some distance from a (credentialed only) media area and live/satellite feed trucks were excluded from site tours. [8]

A trespass cattle roundup commenced on April 5th, an arrest was made on April 6th. On April 9th, a confrontation between BLM and unarmed protesters resulted in the deployment of stun-guns and police dogs. On April 12, horse mounted and unmounted protesters (some with holstered weapons)[39] advanced on BLM paramilitary and sniper personnel.[40] Sheriff Doug Gillespie negotiated with Cliven Bundy, newly confirmed BLM director, Neil Kornze,[41] elected to deescalate the situation and released the cattle. [42]


Ben Swann, questioned whether Bundy's inarticulate comments were given a "truthful representation," publishing a 3 minute video which includes the comments preceding, and those sensationalized by the The New York Times.[44]

NRS 321.596 Legislative findings.

The Legislature finds that:

1. The State of Nevada has a strong moral claim upon the public land retained by the Federal Government within Nevada’s borders because

(a) On October 31, 1864, the Territory of Nevada was admitted to statehood on the condition that it forever disclaim all right and title to unappropriated public land within its boundaries;

(b) From 1850 to 1894, newly admitted states received 2 sections of each township for the benefit of common schools, which in Nevada amounted to 3.9 million acres;

(c) In 1880 Nevada agreed to exchange its 3.9-million-acre school grant for 2 million acres of its own selection from public land in Nevada held by the Federal Government;

(d) At the time the exchange was deemed necessary because of an immediate need for public school revenues and because the majority of the original federal land grant for common schools remained unsurveyed and unsold;

(e) Unlike certain other states, such as New Mexico, Nevada received no land grants from the Federal Government when Nevada was a territory;

(f) Nevada received no land grants for insane asylums, schools of mines, schools for the blind and deaf and dumb, normal schools, miners’ hospitals or a governor’s residence as did states such as New Mexico; and

(g) Nevada thus received the least amount of land, 2,572,478 acres, and the smallest percentage of its total area, 3.9 percent, of the land grant states in the Far West admitted after 1864, while states of comparable location and soil, namely Arizona, New Mexico and Utah, received approximately 11 percent of their total area in federal land grants.

2. The State of Nevada has a legal claim to the public land retained by the Federal Government within Nevada’s borders because

(a) In the case of the State of Alabama, a renunciation of any claim to unappropriated lands similar to that contained in the ordinance adopted by the Nevada constitutional convention was held by the Supreme Court of the United States to be “void and inoperative” because it denied to Alabama “an equal footing with the original states” in Pollard v. Hagan, 44 U.S. (3 How.) 212 (1845);

(b) The State of Texas, when admitted to the Union in 1845, retained ownership of all unappropriated land within its borders, setting a further precedent which inured to the benefit of all states admitted later “on an equal footing”; and

(c) The Northwest Ordinance of 1787, adopted into the Constitution of the United States by the reference of Article VI to prior engagements of the Confederation, first proclaimed the “equal footing” doctrine, and the Treaty of Guadalupe Hidalgo, by which the territory including Nevada was acquired from Mexico and which is “the supreme law of the land” by virtue of Article VI, affirms it expressly as to the new states to be organized therein.

3. The exercise of broader control by the State of Nevada over the public lands within its borders would be of great public benefit because

(a) Federal holdings in the State of Nevada constitute 86.7 percent of the area of the State, and in Esmeralda, Lincoln, Mineral, Nye and White Pine counties the Federal Government controls from 97 to 99 percent of the land;

(b) Federal jurisdiction over the public domain is shared among 17 federal agencies or departments which adds to problems of proper management of land and disrupts the normal relationship between a state, its residents and its property;

(c) None of the federal lands in Nevada are taxable and Federal Government activities are extensive and create a tax burden for the private property owners of Nevada who must meet the needs of children of Federal Government employees, as well as provide other public services;

(d) Under general land laws only 2.1 percent of federal lands in Nevada have moved from federal control to private ownership;

(e) Federal administration of the retained public lands, which are vital to the livestock and mining industries of the State and essential to meet the recreational and other various uses of its citizens, has been of uneven quality and sometimes arbitrary and capricious; and

(f) Federal administration of the retained public lands has not been consistent with the public interest of the people of Nevada because the Federal Government has used those lands for armament and nuclear testing thereby rendering many parts of the land unusable and unsuited for other uses and endangering the public health and welfare.

4. The intent of the framers of the Constitution of the United States was to guarantee to each of the states sovereignty over all matters within its boundaries except for those powers specifically granted to the United States as agent of the states.
5. The attempted imposition upon the State of Nevada by the Congress of the United States of a requirement in the enabling act that Nevada “disclaim all right and title to the unappropriated public lands lying within said territory,” as a condition precedent to acceptance of Nevada into the Union, was an act beyond the power of the Congress of the United States and is thus void.
6. The purported right of ownership and control of the public lands within the State of Nevada by the United States is without foundation and violates the clear intent of the Constitution of the United States.
7. The exercise of such dominion and control of the public lands within the State of Nevada by the United States works a severe, continuous and debilitating hardship upon the people of the State of Nevada.

(Added to NRS by 1979, 1362)


  1. ^ Swann, Ben (25 April 2014). "Truth in Media: Cliven Bundy’s “Racist” Remarks Were Also Promoting Hispanic Culture? What MSM Isn’t Telling You". Ben Swann. Retrieved 2 May 2014. 
  2. ^ Clarice Feldman (27 April 2014). "Cliven Bundy Delenda Est". American Thinker. Retrieved 2 May 2014. 
  3. ^ Jim Hoft; Kristinn Taylor (27 April 2014). "David Brock Says He Doesn’t Know if Media Matters Worked With Sharyl Attkisson Before Group Attacked Her". The Gateway Pundit. Retrieved 2 May 2014. 
  4. ^ Joseph Curl (27 April 2014). "CURL: Racism everywhere, Obama and Democrats agree". The Washington Times. Retrieved 6 May 2014. 
  5. ^ a b Fuller, Jaime (April 15, 2014). "Everything you need to know about the long fight between Cliven Bundy and the federal government". Washington Post. Retrieved April 15, 2014. 
  6. ^ Cite error: The named reference CourtOrder1998 was invoked but never defined (see the help page).
  7. ^ "Vested Right". FindLaw. Retrieved 6 May 2014. Source: Merriam-Webster's Dictionary of Law ©1996 
  8. ^ Cite error: The named reference EnvironmentalAssessment was invoked but never defined (see the help page).
  9. ^ a b Brean, Henry (April 11, 2014). "Good progress in cattle roundup to decelerate". Las Vegas Review-Journal. Retrieved April 13, 2014. 
  10. ^ a b Glionna, John. "BLM seizes cattle in range war with stubborn Nevada rancher". Los Angeles Times. Los Angeles Times. Retrieved April 12, 2014. 
  11. ^ "Cattle Trespass Impacts". Retrieved April 24, 2014. 
  12. ^ "Dry Lake Solar Energy Zone (SEZ) Solar Regional Mitigation Planning Project". Bureau of Land Management. Retrieved April 24, 2014. 
  13. ^ "Virgin River Program". Bureau of Land Management. Retrieved April 24, 2014. 
  14. ^ a b c "Bureau of Land Management [LLNV934000.L71220000.JP0000. LVTFFX00080A, MO# 4500063088]". Notice of Temporary Closure on Public Lands in the Gold Butte, Mormon Mesa, and Bunkerville Flats Areas in the Northeastern Portion of Clark County, NV. Federal Register. 27 March 2014. Retrieved 30 April 2014. Vol. 79, No. 59 
  15. ^ "N+114°14'03.6"W/@36.768903,-114.234328,13 "Free Speech A I–15 and Exit 112 for Riverside" (Map). Google Maps. Retrieved 30 April 2014. 
  16. ^ "Free Speech B State Route 170 and White Rock Road" (Map). Google Maps. Retrieved 30 April 2014. 
  17. ^ "N+114°11'18.6"W/@36.7699167,-114.1885,15z/data=!3m1!4b1!4m2!3m1!1s0x0:0x0 "Media area I–15 and Toquap Wash" (Map). Google Maps. Retrieved 30 April 2014. 
  18. ^ a b "GOP rep wants to cut funding for federal ‘paramilitary units’ after BLM dispute". Federal Regulations. Fox News. 1 May 2014. Retrieved 3 May 2014. 
  19. ^ a b Thomas Burr (29 April 2014). "Utah’s Stewart: BLM doesn’t need a ‘SWAT team’". The Salt Lake Tribune. Retrieved 3 May 2014. 
  20. ^ Becket Adams (8 April 2014). "Armed Fed Agents and Snipers? Nevada Rancher Is Taking on the Gov’t in a Battle That’s Reaching a Breaking Point". The Blaze. Retrieved 2 May 2014. 
  21. ^ a b Michael Bastasch (18 April 2014). "GOP lawmaker urges BLM to stop illegal ‘paramilitary raids’ against rancher". The Daily Caller. Retrieved 2 May 2014. 
  22. ^ Nevada Governor Brian Sandoval (8 April 2014). "SANDOVAL STATEMENT ON BLM ROUNDUP". State of Nevada. Retrieved 2 May 2014. 
  23. ^ "Supporters gather to defend Bundy ranch in Nevada, FAA enacts no-fly zone". Home / USA. RT. 11 April 2014. Retrieved 29 April 2014. 
  24. ^ KERRY PICKET (23 April 2014). "No Fly Zone Over Bundy Ranch Cancelled Same Day After BLM Left Bunkerville". Retrieved 3 May 2014. 
  25. ^ Ben Swann (12 April 2014). "FAA Creates “No Fly Zone” Over Bundy Nevada Ranch". Ben Swann. Retrieved 3 May 2014. 
  26. ^ B. CHRISTOPHER AGEE (18 April 2014). "Just In: Obama Accused By Congressman Of Illegal Action At Bundy Ranch". Western Journalism. Retrieved 3 May 2014. 
  27. ^ Cite error: The named reference USvBundy was invoked but never defined (see the help page).
  28. ^ "BLM says 6 cattle died in disputed Nevada roundup". Seattle Post-Intelligencer. April 23, 2014. Retrieved April 22, 2014. 
  29. ^ Ben Botkin; Keith Rogers (April 17, 2014). "BLM: 2 bulls euthanized during Cliven Bundy cattle roundup". Las Vegas Review-Journal. Retrieved April 23, 2014. 
  30. ^ CBS, News (April 14, 2014). "Nevada rancher standoff turns on a states' rights debate". CBS News. Retrieved April 15, 2014. 
  31. ^ a b c Smith, John L. (April 16, 2014). "Nevada rancher questions Bundy’s legal strategy". Las Vegas Review-Journal. Retrieved April 17, 2014. 
  32. ^ a b US Government, Department of Justice. "United States Sues to Stop Illegal Grazing on Federal Lands". US Government. Retrieved April 14, 2014. 
  33. ^ "UNITED STATES OF AMERICA,Plaintiff, vs. ESTATE OF E. WAYNE HAGE et al., Defendants.". United States District Court for the District of Nevada/Ranchers-Cattlemen Action Legal Fund. May 23, 2013. 2:07-cv-01154-RCJ-VCF 
  34. ^ "Fact Sheet on the BLM’s Management of Livestock Grazing". United States Department of the Interior Bureau of Land Management. March 28, 2014. Retrieved April 24, 2014. 
  35. ^ Nagourney, Adam (April 23, 2014). "A Defiant Rancher Savors the Audience That Rallied to His Side". The New York Times. Retrieved April 24, 2014. 
  36. ^ Martinez, Michael (April 10, 2014). "Showdown on the range: Nevada rancher, feds face off over cattle grazing rights". CNN. Retrieved April 10, 2014. 
  37. ^ Ross W. Gorte; Carol Hardy Vincent, Laura A. Hanson, Marc R. Rosenblum (8 February 2012). "Federal Land Ownership: Overview and Data". Table 1. Federal Land by State, 2010. Congressional Research Service. Retrieved 28 April 2014. 
  38. ^ "Fact Sheet on the BLM’s Management of Livestock Grazing". United States Department of the Interior Bureau of Land Management. March 28, 2014. Retrieved April 24, 2014. 
  39. ^ Kavanaugh, Shane Dixon (14 April 2014). "American Militias Emboldened by Victory at Bundy Ranch". Vocativ. Retrieved 29 April 2014. 
  40. ^ a b "Reid: ‘Something Will Happen’ To Stop Nevada Rancher Cliven Bundy". Politics. CBS Las Vegas. 22 April 2014. Retrieved 27 April 2014. 
  41. ^ Itkowitz, Kolby (8 April 2014). "Senate confirms Neil Kornze as BLM director". The Washington Post. Retrieved 29 April 2014. 
  42. ^ Cite error: The named reference RaganPorter was invoked but never defined (see the help page).
  43. ^ Bastasch, Michael. "GOP lawmaker urges BLM to stop illegal ‘paramilitary raids’ against rancher". The Daily Caller. Retrieved 27 April 2014. 
  44. ^ Swann, Ben (25 April 2014). "Truth in Media: Cliven Bundy’s “Racist” Remarks Were Also Promoting Hispanic Culture? What MSM Isn’t Telling You Read more: Follow us: @BenSwann_ on Twitter". Ben Swann. Archived from the original on 25 April 2014. Retrieved 26 April 2014. 

External links[edit]