Tag Archives: Taylor Grazing Act

A Well Tuned Whine at the Bundy Ranch

Bundy 2Just what do you say to lawbreakers when they refuse to cooperate with legal decisions?  In Public Lands Council vs. Babbitt the U.S. Supreme Court decided that, yes, the Bureau of Land Management did have the Constitutional authority to enforce the provisions of the Taylor Grazing Act of 1934, 43 USC 315.  What do you say to a freeloading rancher who lost in a Federal District Court in July 2013 (pdf) and again in October 2013 (pdf)?

Nevada’s own freeloading rancher, Cliven Bundy, doesn’t have any “right” to graze his cattle on public land. The land is not his property. He has no deed for the property, it is not for his sole and exclusive use.  [TWN]  There is no “land grab” because the land never belonged to Mr. Bundy in the first place.  How much simpler can the issue be? It is public land, the administration and management of the land is established in 43 USC 315, the law was confirmed as Constitutional by the U.S. Supreme Court on May 15, 2000 in a 9-0 decision from Chief Justice Rehnquist’s court.  [Oyez Project] And, not one but two Federal judges have informed Mr. Bundy he has no case.

It isn’t too difficult to come to the conclusion that Mr. Bundy is all for the U.S. Constitution — until a law he doesn’t personally like is declared Constitutional.  He may be all for law and order — until the law doesn’t suit his purposes.  What do we call the people who violate or ignore laws with impunity?  The answer is commonly “anarchists.”

Senator Dean Heller (R-NV) has another answer. He called them “Patriots.” [Roll Call]   Heller offered yet another example of his “Government as Bully” perspective, “I take more issues with BLM coming in with a paramilitary army of people, individuals with snipers, and I’m talking to people and groups that were there at the event, and to have your own government with sniper lenses on you, it made a lot of people very uncomfortable.”

Let us parse.  What’s a “paramilitary army of people?” On March 15, 2014 after twenty years of trying to get Mr. Bundy to comply with orders,  the Bureau of Land Management informed Mr. Bundy, by letter, that his cattle were “trespassing” and would be impounded.  Mr Bundy’s response — to ask the Clark County Sheriff’s Department for “protection.”  Bundy gives interviews by the hay wagon load and fans the fire of his displeasure. [WaPo]  Members of so-called freedom-fighters gather in Bundy’s support.   Bundy family members confront law enforcement personnel, and one is tazered after he kicks a police dog.

That “paramilitary army” of people were law enforcement personnel, BLM employees, and cowboys hired to round up and impound the cattle.

On the other side, a very visible group of Bundy supporters is the Oath Keepers organization, closely associated with the Tea Party, and infamous for proudly announcing what orders they will not obey. The organization includes members of the 3%’ers and former Arizona sheriff Richard Mack who refused back in the 90’s to enforce the Brady Laws.  [MJ]

Perhaps Senator Heller was ‘inartful’ using the term Paramilitary, but the word usually means an organization the structure, training , culture, and function of which is similar to the military, but is NOT considered a part of a state or federal military branch.  So, who has gathered a “paramilitary army of people?”  From the photographs of the scene the honors appear to go to Mr. Bundy.

But, Senator Heller is disturbed that people have their own government with sniper lens on them. It makes them uncomfortable.  At the risk of flippancy, when is it acceptable to have those who have broken the law for 20 years feel “comfortable?”

The radical right gives every appearance of wanting another drama — another Ruby Ridge, — another Waco, — another armed confrontation with authority, especially federal authority.  Senator Heller’s unfortunate use of the word “Patriot” offers sustenance to the fantasies of the radical right wing which feeds on these scenarios, and revels in the scripted Hollywood versions like Red Dawn.

Senator Harry Reid (D-NV) is more accurate calling antigovernment types like Bundy “domestic terrorists.” [previous post]  Certainly, there are euphemisms which might make the lawbreakers and their allies more “comfortable,” perhaps we could call them “puerile anti-authority activity advocates?”  However, it is not particularly helpful to apply euphemisms to assuage the tender sensitivities of extremists while ignoring the deleterious ramifications of their intentions, and covering their lawlessness with a patina of polite phrases.

The strident whining of the radical right extremists with its cacophony of hypocritical complaints is out of tune with a nation of laws — not of men.

 

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Filed under Heller, Politics, Reid

Bundy’s Lazy WQ Socialist Cows

Lazy WQWho knew? Cliven Bundy is a Socialist!  Because who but a banner waving Socialist would presume that public land was theirs for the taking without payment?  And, then there are those Socialist Cows munching on public property at no expense.  The Bureau of Land Management administers about 245 million acres of public land, and manages grazing on approximately 155 million acres by issuing permits — an estimated 18,000 permits for 21,000 allotments on BLM lands. [BLM]

Bundy’s gripe is with the 1934 Taylor Grazing Act which authorized the Bureau of Land Management to create regulated districts.  Further, he wants the use of public lands — but he doesn’t want to pay for the use — like the other 99.9% of ranchers.

“The Federal grazing fee, which applies to Federal lands in 16 Western states on public lands managed by the BLM and the U.S. Forest Service, is adjusted annually and is calculated by using a formula originally set by Congress in the Public Rangelands Improvement Act of 1978. Under this formula, as modified and extended by a presidential Executive Order issued in 1986, the grazing fee cannot fall below $1.35 per animal unit month (AUM); also, any fee increase or decrease cannot exceed 25 percent of the previous year’s level. (An AUM is the amount of forage needed to sustain one cow and her calf, one horse, or five sheep or goats for a month.) The grazing fee for 2014 is $1.35 per AUM, the same level as it was in 2013.
The Federal grazing fee is computed by using a 1966 base value of $1.23 per AUM for livestock grazing on public lands in Western states. The figure is then adjusted each year according to three factors – current private grazing land lease rates, beef cattle prices, and the cost of livestock production.  In effect, the fee rises, falls, or stays the same based on market conditions, with livestock operators paying more when conditions are better and less when conditions have declined.” [BLM]

Not to put too fine a point to it, but what Mr. Bundy wants is a free ride.  While 99.99% of western ranchers include the grazing fees in their accounting as a cost of doing business, Mr. Bundy wants a government subsidy (in the form of non-payment of the grazing fees).

Better still, Mr. Bundy has reiterated his attack on capitalism (which generally accepts that there are costs incurred in doing business) and staunchly declares he will Never Back Down. [ABC]  But wait, there’s more!

“It’s not about cows, it’s about freedom,” Utah resident Yonna Winget told ABC News affiliate KTNV in Las Vegas, Nevada.” [ABC]

Yeah, it’s all about Freedumb!  The freedumb to graze cows free of charge on federal (public) land, while every other rancher in the county pays the required grazing fees and doesn’t trespass his or her cattle on the allotments.

Thus, the Welfare Queen of Clark County, Nevada, wants to avoid paying the grazing fees because he doesn’t agree with the BLM rules and regulations — and I’d like to cut back on the income taxes I pay because I don’t agree with the brackets….

It is truly heart-warming (in the electrification sense of the term) to know that there are people who can get a free ride from the government, who can break the law with impunity, and who can threaten violence when called to account, if they don’t agree with the administration of the laws of the land, and the lands.

Meanwhile back at the Lazy WQ, Mr. Bundy doesn’t have to go to all the effort of moving his Socialist Cattle, because….. Freedumb!

 

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Filed under Economy, Politics