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.
I have written a number of articles, under the heading of “Burns Chronicles” the have exposed informants that participate with the FBI in obtaining information about the goings on, both inside and outside, during the occupation of the Malheur National Wildlife Refuge, near Burns, Oregon.
The government has, with a revised “Protective Order”, made it near criminal to read or share some of those articles, as the may contain what the Court has deemed “illegal materials”.
Warning: downloading these files may subject you to “Contempt of Court” or “other legal proceedings. Download at your own risk and peril.
Informant articles as of January 5, 2017 (pdf format)
Informant articles as of January 5, 2017 (Kindle format)
I got a call from FBI Special Agent Matthew Catalano, earlier today, January 11, 2017. He told me that he had an Order to serve. We made the same arrangements to meet at the restaurant in Los Molinos. The restaurant only serves breakfast and lunch, so it was closed, but I figured that this wouldn’t take very long.
I arrived at about 4:15 pm, and he said that he had to serve me. He handed me the Order, I looked at it and said, “I refuse this service, it is for the District of Oregon, and I am not within that jurisdiction.” I held the paperwork out toward him, but he did not take it, so, I said, “I will keep this, but I want you to tell Judge Anna Brown that I refuse service, as I am not subject to the Oregon District’s jurisdiction.” He agreed to convey the message, and then he proceeded to read certain portions of the Order to me. When he was finished, I reminded him that I wanted Brown to receive my message, and he assured me that he would pass it on. I feel certain that he will. After all, that is his job. We shook hands, and we departed.
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.
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.
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.”
The man in this photo is Daniel P. Love — Daniel P. Love was the Bureau Of Land Management’s Special Agent In Charge of rounding up Rancher Cliven Bundy’s Cattle beginning in March 2014.
Before SAG Daniel P. Love made his way to Bunkerville Nevada to use violence while violating the Civil Rights of Cliven Bundy and his family, Love had already gained the reputation of being overly aggressive and stepping outside the limit of his authority as a BLM employee.
In this video you will hear Senator Orrin Hatch speaking to then Attorney General Eric Holder about an overly aggressive BLM/FBI operation that ended with 3 people committing suicide — in particular a prominent Family Physician, Dr. Jame Redd of Blanding Utah. The SAG’s of that operation were BLM – Daniel P. Love and FBI – Greg Bretzing; you may recall Bretzing was in charge during the Malhuer Refuge occupation and responsible for agents who fired at LaVoy Finicum and then tried to cover it up. Bretzing has since retired.
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.
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.
It is a bit disappointing that Republican President-elect Donald Trump’s nominee to head the Interior Department, which along with other federal agencies controls 85 percent of Nevada, does not embrace his own party’s call for more federal public land to be transferred to the control of the states and local governments, but at least freshman Montana Rep. Ryan Zinke recognizes the need for better cooperative management of those lands.
The GOP platform that came from the summer convention reads: “Congress shall immediately pass universal legislation providing a timely and orderly mechanism requiring the federal government to convey certain federally controlled public lands to the states. We call upon all national and state leaders and representatives to exert their utmost power of influence to urge the transfer of those lands identified.”
But Zinke told the Billings Gazette he doesn’t support the transfer of federal lands.