The Bundy Affair - The Revenge of the BLM

[Gary Hunt]

The Bundy Affair - The Revenge of the BLM

Gary Hunt
Outpost of Freedom
October 29, 2014

 

Do you understand the difference between Rules and Laws?  Laws are enacted in accordance with the Constitution, where the House of Representatives and the Senate concur on a Bill.  The Bill then goes to the President, who can sign it into law.  We needn't discuss veto, here, as that has nothing to do with what we need to understand.

A Rule (Note: Rule includes regulations) is the desire of unelected officials in Administrative Agencies to implement laws without Constitutional authority.  They become Rules when they are posted in the Federal Register, opened for comment, and then, after 90 days(with various exceptions, extensions, etc.), they are entered in the U. S. Code, having all of the appearance of Laws.  The comment period, however, is only token -- unless there is a major outcry.

Congress created the Administrative Agencies in their current form in 1946, and the Congressional Record shows that Congress admitted that they were creating a Fourth Branch of Government in the Administrative Agencies.  So, put behind you the notion that the Congress enacts all "Laws" (forget that School House Rock stuff).  They have abrogated their Constitutional obligation to be the only source of Laws.  There is absolutely no authority to delegate that responsibility.

• Article I, Section 1--All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

"All" used to mean ALL, when it was written.

Congress, however, has "plausible deniability", since they don't enact the "Rules", only the laws that gave the agencies the power, as unelected officials (hired underlings), with no real allegiance except to their power, to take advantage of their position and assumed authority.  Congressional representatives can be "fired" at the polls, though these administrative minions are protected by the Civil Service Act ("The act provided selection of government employees by competitive exams, rather than ties to politicians or political affiliation.  It also made it illegal to fire or demote government employees for political reasons..." - Wikipedia), and are almost impossible to get rid of.

An interesting aspect of the Rules is that many Rules have punitive actions if you fail to comply, but there are no punitive actions if the agency/agent fails to comply.  There is also no means to punish those agents/agencies that violate their own Rules.  It is sort of like the King and his minions can do no wrong.  However, we subjects of his government, had better lockstep in obedience, or we will be punished.

A recent example is the Bureau of Land Management (BLM) in the Bundy Affair.  BLM solicited certified inspectors to violate the law regarding both brand and health inspections.  They also arranged for an auction house to ignore laws that require brand and inspection certificates before the cattle could be legally auctioned.  Finally, the BLM killed privately owned livestock, and no one on the government side is being prosecuted for their crimes against both Rules and Laws.

The process of Rulemaking is ripe for intervention by lobbyists.  They are paid "representatives" of clients who seek an advantage, either economic, social, or ideological.  The last two will, most often, result in economic advantage, at least indirectly.

Another problem is Rules being promulgated for revenge.  Let's take, for instance, the result of the Bureau of Land Management's effort, last April, to give the Desert Tortoise a "preserve", by removal of the Bundy cattle from their historical grazing allotment.  Fact has no role in their decision, since a study (Plight of the Desert Tortoise) suggests that since the deer and the antelope don't play there anymore, the cattle do more to provide for the Desert Tortoise than any harm they might cause.  This is demonstrated in the fact that the Deseret Tortoise has co-existed with the cattle, for over a century, with no apparent damage to the Tortoise population.

Now, in transparent vindictiveness, and seeking revenge for the embarrassment the BLM suffered when the rustled cattle were unrustled (when the cattle were taken back from the rustlers  - BLM).  That was when America stood, in an act of Civil Defiance against them, forcing them to put their tails between their legs, cower, and slink away, the BLM has another means of retaliation for the defeat that they suffered.  

Judging by the attitude and arrogance demonstrated by the BLM agents and their hired help during the first two weeks of April, it was understood and often stated that they would retaliate by whatever means they had at their disposal.  Predictably, those who direct BLM have joined the fray, using their "Rulemaking Authority" to punish not just the Bundys - nearly every person in Clark County, as well as some in Lincoln and Nye Counties who lives in a rural or agricultural area.  They are restricting uses of substantial portions of the public land in Southern Nevada.  The entire: Federal Register Notice.

 They are doing so by proposing Four Alternatives (PDF file) based upon a government concept called Zero Based Budgeting (ZBB).  ZBB begins with a status quo alternative, then proposes alternatives that are greater than what is current.  Usually, there is an escalation in the various alternatives.  In the instance, Alternative #1 is status quo.  Alternative #2 is the greatest amount of change; Alternative #3 is less change, and finally Alternative #4, with the least change.  In Alternatives 2, 3, & 4, there is a very pronounce inclusion into what is referred to as "Cultural/Biologic" area, the most severe restrictions, including trail, roads, camping, and essentially any human activity, and all three completely surround the Bundy Ranch.  That Cultural/Biological area that abuts the Bundy property is, by far, the largest area of change in any of the Alternatives (shown below), and the only one, with a few very minor areas, that is consistent through all three plans.

   

              Existing Conditions (Alt #1)                         Proposed Conditions (Alt 2-4)

So, someone could argue that there is remote possibility that this is not directed (revenge) at the Bundys, you can weigh the evidence, yourself, and decide.

Considering that all Alternatives afford protection for the Desert Tortoise and other critters, birds, insect, reptiles, etc., perhaps the government wants to amend the Preamble to the Constitution to:

• "We the Animals of the United States..."

Therefore, we find that it is up to us, "We the People", to do what is necessary to put the government back in its proper role as servants of, not master of, the People.

How can we achieve this?  A start would be to play their game, by their rules, for the time being.  We can see if the voice of the People will have weight on the final decision of those unelected bureaucrats at the BLM.  As stated above, there is a 90-day period where this proposed rule is open to comments.  So, rather than resorting to an effort that might lead to a violent confrontation, at this point, our energy should be directed at asserting our feelings on this matter.  There are a number of ways to register your comment, for the record, though all of them will identify you.  There is no means of anonymity, but, heck, they know who you are, anyway.  The following is from the Federal Register Notice:

• You may submit comments related to the Las Vegas and Pahrump Field Offices Draft RMP/Draft EIS by any of the following methods:

• Web site: https://www.blm.gov/epl-front-office/eplanning/planAndProjectSite.d...
• Email: [e-mail]
• Fax: [phone]
• Mail: BLM Southern Nevada District Office, Las Vegas/Pahrump Field Offices Draft RMP/Draft EIS, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130.
•  
• FOR FURTHER INFORMATION CONTACT: Back to Top
• Lee Kirk, RMP Team Lead, telephone: [phone]; address: 4701 N. Torrey Pines Drive, Las Vegas, NV 89130; email: [e-mail].

To make comments, begin with reference to the:

Notice of Availability Las Vegas and Pahrump Field Offices Draft Resource Management Plan and Draft Environmental Impact Statement, Nevada

My suggestion, to regain what was and should be, would be along the lines of:

* * *

I demand that you retain the status quo, also known as Alternative #1.  Further expansion of restrictions on OUR Public Lands is unacceptable.

Further, since it has been proven that ranging cattle are beneficial to the Desert Tortoise, that any grazing allotments, past or present be reopened for grazing, under the original conditions, and that any future request, within such Desert Tortoise protection areas, be granted, when requested.

Please record my comment, as stated above.

Molon Labe (Come and Take It)

* * *

Now, this may seem like a waste of time.  But, please, think again.  If we set forth our position in sufficient numbers, and they fail to heed, then we have justified any subsequent action, and they have proven that we are merely specks unworthy of consideration.

Between now and January 10, we can participate -- and, plan for the eventuality that we will be ignored on paper -- but not in fact.

The question we must understand, and answer properly, is, "Are the people to serve the Government, or, is the government to serve the People?"

 

This article can be found on line at The Bundy Affair - The Revenge of the BLM