By DR. LARRY MOSES
No one asked me but… The real question in the BLM confrontation in Bunkerville is not a bunch of cattle. The real question is does the federal government have to obey federal law?
Senator Reid is big on citizens following the law. How is he on government following the law?
We are all aware that the government passes laws and then exempts the federal government from those laws. Minimum wage laws, EPA rules and regulations, OSHA, and ObamaCare are just a few examples of federal laws Congress exempts itself from. There is, however, no indication that they have exempted themselves from the Taylor Grazing Act.
It would be refreshing if Senator Reid was as adamant about the federal agencies obeying the law as he is about the private citizen.
No one asked me but… I finally found someone who tried to explain to me why the Taylor Grazing Act does not apply to Gold Butte. He indicated that new laws have been passed, like the Species Protection Act, and therefore the government does not have to obey the Taylor Act.
I have a great deal of respect for the opinion of my friend; but the Taylor Act is still in effect. If it is not, the Nevada Revised Statues, that codifies the federal grazing laws in the State of Nevada, are invalid. If that is the case, no rancher in the state must abide by them and no cattle rancher owes the federal government any fees.
Any fees collected after the passage of the Species Act should be refunded. Had the BLM complied with the Taylor Grazing Act in 1994, much of the conflict in Bunkerville would be a moot issue.
No one asked me but… I believe the federal government owns over eighty percent of the State of Nevada. However, I also believe that does not give it the right to flaunt federal law.
Everyone is quick to jump a rancher who appears to be out of compliance of federal law but are willing to give the BLM a pass when they fail to comply. The Taylor Grazing Act, the federal law governing the grazing of animals on federal lands, clearly states if anyone in Nevada wants to keep animals from grazing on their land, they must fence them out. Every private landowner in the Gold Butte area has built a legal fence, as defined by NRS, to keep free roaming cattle off their land. One must ask what makes the federal government, as a landowner, different. The law clearly states, that if there is no legal fence, there can be no trespass damages claimed.
No one asked me but… Turning again to the Taylor Grazing Act, one can muster a strong argument in favor of Mr. Bundy having a right to graze his cattle on the BLM land based on custom.
The Taylor Grazing Act for the State of Nevada states in NRS 568.230 “… It is unlawful … (to) restrict or interfere with the customary use of the land for grazing livestock by any person who, by himself or herself or the person’s grantors or predecessors, has become established, either exclusively or in common with others, in the grazing use of the land by operation of law or under and in accordance with the customs of the graziers of the region involved.”
What does customary mean under the law? NRS 568.240 states: “Customary or established use… to include the continuous, open, notorious, peaceable and public use of such range seasonally for a period of 5 years or longer immediately before March 30, 1931, by the person or the person’s grantors or predecessors in interest, …Any change in customary use so established must not be made after March 30, 1931, so as to prevent, restrict or interfere with the customary or established use of any other person or persons. NRS 568.230 to 568.290, “…does not prohibit any such established user from continuing his or her grazing use, as established by operation of law or in accordance with such customs.”
NRS 568.290 states: “Nothing in NRS 568.230 to 568.290, inclusive, amends or repeals existing law regarding the grazing use of the public lands or of water for the purpose of watering livestock, or modifies or compromises any valid rights or priorities which exist therein on March 30, 1931.”
One must ask Senator Reid if this is a law that he believes should be obeyed or is this just another law that he chooses to ignore. Should he not be as angry with the judge who ignored the law as the regular citizen who ignores the law?
No one asked me but… By the decree of a single federal bureaucrat; the city of Mesquite, the townships of Bunkerville, Logandale, and Overton were isolated from the rest of the United States. This bureaucrat abused her power by setting down regulations that violated the people’s right of free speech, freedom of the press, and the freedom to peaceably assemble. Was this bureaucrat following the law or merely issuing an unlawful imperial decree? Should Senator Reid, the great defender of the law, not demand that BLM officials follow the law of the land and not make it up as they go along.
No one asked me but… While other elected officials were working to put out the fire at Bunkerville, Senator Reid, in his usual inept manner, came by to throw gas on the flames. He declared that all of those who faced down the BLM were “domestic terrorist.”
Harry reminds me of the Platte River that runs through Nebraska. It is a mile wide at the mouth and too shallow to be of any good to man. He is the greatest example of when you don’t know the issue you resort to name calling. He lied about Mitt Romney not paying taxes and now uses the same lie about Cliven Bundy. Mr. Bundy’s taxes are not at issue, fees are.
Are all people who oppose government rulings domestic terrorist? Was Rosa Parks a domestic terrorist as she opposed the “separate but equal” laws of the land? Was Dr. Martin Luther King a domestic terrorist as he went to prison to protest segregation laws in the 1960’s? Is Harry Reid a domestic terrorist as he opposes federal immigration laws of today? Cannot an American citizen oppose unfair laws, federal court decisions, and the unlawful regulations of bureaucrats without being a domestic terrorist? I find it hard not to call Harry Reid a domestic idiot, but that would be name calling, and I am opposed to that.
Thought of the week…Never approach a bull from the front, a horse from the rear, or an idiot from any direction.
-Unknown
