The Bundy Affair – The Revenge of the BLM

The Bundy Affair – The Revenge of the BLM

BLM Bundy

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 use Alt. #1       Cultural Biological area 2-4

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:

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?”

Related articles:

The End of the Bundy Affair (maybe)

The Bundy Affair – The Battle Continues

The Bundy Affair – Who Was Not in the Front?

The Bundy Affair – Is Anybody in Charge Here?

The Bundy Affair – Oathkeepers vs. Militia

The Bundy Affair – Oath Keepers vs. Militia – Part II

Stealing Valor

The Bundy Affair – Vetting the Millers

The Bundy Affair – Answering the Most Common Question

12 Comments

  1. Grace L. Coleman says:

    Many of us have been fighting Agencies for years. By watching the Federal Register (which is very time consuming), reading the proposed regulations, then motivating people in the effected area and to submit comments is the only way I know to fight them at this time (in addition to getting our local U.S. Congressional members to speak out). The new & improved “clean water act” is a good example. I’m praying there have been “sufficient numbers” to stop it. Electing a conservative, knowledgeable, Congress is another way to fight.

    Until, and unless, Congress listens and de-funds these nefarious Agencies, we are spending a lot of time and effort fighting the Feds for our own Constitutional rights. The other issue that extremely bothers me is that too many of these proposed “regulations” have been written by NGO’s whom are funded by grants from the Federal Government in addition to their contributors. We are funding our own demise until Congress stops this action.

    This email is being forwarded to many who will submit comments – God bless you for fighting against the BLM. P.S. I’m also aware that the “green” people have a great machine that works to promote these proposals through their contacts. When we were fighting a local land/water grab here in Nebraska, there were comments from New York, California, Oregon, etc FOR it. It’s a challenge!!

  2. bogbeagle says:

    It’s logically-impossible for “government” to be your servant.

    There is no answer to be found in any agency of the State … or any Constitution.

    • ghunt ghunt says:

      Bogbeagle,
      I don’t believe that it is impossible. The first have century of our country’s existence was one where government didn’t meddle in private affairs. The Framers were on the right track, though being the first to introduce such a government, they did not anticipate that those seeking power could, through chicanery, sidestep the limitations imposed.
      Should we regain control of government, minor Constitutional Amendment could plug the loopholes that were inadvertently left in the Constitution.
      Giving the people recourse, which was omitted from the Constitution, leaving all punitive action to the government, itself, has allowed the fox to guard the chicken house. The concept is goo, the implementation and control cannot be left solely to elections. The remedy must be in the hands of the people.

      • Kimo says:

        As long as men want freedom, we are still in the game. they go after the strong ones, those with minds, those who fight the control. They are gonna kill me out here Gary. Funny thing this life for me, took me 50 years, to wake up, now im old, all I can do, is teach. But the master teacher is you Gary. You NEVER gave up, never gave in.
        Dam proud of you, a true American.

    • Kimo says:

      It is NOT impossible, STAND YOUR GROUND, if I can, out here, surrounded by idiots, you can, you have no idea whats coming. The answer, is In the constitution, the way, is to MAKE them follow it.

  3. Kimo says:

    My mind goes back, to that good movie, legends, of the fall. Have we fallen so far, that it cant be fixed? i see the spirit of freedom is ALIVE! It burns inside so many of us. the NEED for righteous men is great.
    Gary, you know who I am, they are attacking me hard out here now. using many methods.
    Mr. Hunt, you are a great man, many know that sir, you earned the title SIR.

    • ghunt ghunt says:

      Kimo,
      My best advise on attacks is to ignore them. Most often, they will go away. By responded, you add fuel to the fire and bring attention to the accusations.
      The time may come when you have to fight back, but only when the attack jeopardizes something that warrants the extent of effort required.

      • Kimo says:

        Gary, my respect for you is immense, I know of no other man, that has fought for right for so long sir. Your knowledge on the Constitution, and rule of law is vast, far beyond mine. You are a man of courage and morals.
        Thank you, for you

  4. Kimo says:

    Gary, my wife got breast cancer, been over 4 years, taking care of her, thats what Ive been doing. Ive become a dam good doctor, pharmacologist.

    • Freddy Crisp says:

      Alkaline a HIGH content of it as it is proven Cancer can NOT survive in such , BUT you will need to give her good CLEAN GREEN foods known as K2 . And this should kill the Cancer Brother. KC your what this nation needs my brother and this nation is in DIRE need of men such as us. As Always I will be praying for you bro. III%

  5. Jennifer Jones says:

    In AZ, Yuma Field Office Director John MacDonald thinks he’s Obama and with his pen, he can invent “policy” that is not even part of any Rules or laws. According to his Supervisor Roxie Trost, ”
    BLM Field Managers and District Managers are not tasked with establishing National BLM policy. However, in specifically managed sites under a Field or District Manager’s purview, both managerial positions can establish policy based on contributing factors that include topic specific items such as health and safety. This authority comes from the Federal Lands Policy and Management Act of 1976 (FLPMA), BLM Manual Part 1203, and 1221 Directives.

    In the case of both of the policies you mentioned, Removal of Material from Dumpster Policy and Keeping of Domestic Animals in the Long Term Visitor Area (LTVA) policy, several different events compelled management to develop policies that would address the various health, safety, and conduct concerns for visitors and also pets in the LTVA.

    The intended goal of the BLM LTVA is to provide a safe and enjoyable public land experience for all visitors, while promoting environmental stewardship, mutual respect, and responsible use of the public land’s natural resources.

    The BLM Yuma Field Office realizes that not all policies are going to please every visitor that utilizes the LTVA. However, the managers involved with administering the public’s trust will work diligently to find solutions that take into account the goals of the LTVA specifically when public health and safety, for humans or animals, are a concern. “

  6. […] in “The Bundy Affair” was published on October 31, 2014.  That article was “The Revenge of the BLM“, when the Bureau of Land Management tried to promulgate new rules, in favor of critters and […]

Leave a Reply