DIAMOND BAR LIVESTOCK REMOVAL DATE CHANGED AND AREA CLOSURE RESCINDED

2/13/04 Supervisor's Office Andrea Martinez

Silver City, NM—The tentative date of mid-February for the Diamond Bar livestock removal has been temporarily postponed and the area closure rescinded. “We had hoped to meet our tentative mid-February date but as it stands,” we will not be able to. We do not have a contractor to conduct the livestock removal at this time and are in the process of advertising for bids,” said District Ranger Annette Chavez. The contracting process may take a few to several weeks.

The area closure for the Diamond Bar allotment will be rescinded as of February 14th at 8:00 a.m. Public access will now be possible along Forest Road 150 (also known as the Beaverhead or North Star Mesa Road). The area closure will be re-implemented at the time the livestock removal starts.

Please contact Andrea Martinez for any questions (505) 388-8211.

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Order No. 06-222

TERMINATION OF AN ORDER
GILA NATIONAL FOREST

Pursuant to 36 CFR 261.50(a) and (b), the prohibitions listed in Order Number 06-222 for the Diamond Bar Allotment Are Closure within the Gila National Forest, effective February 11, 2004, and signed by Forest Supervisor Marcia R. Andre on February 5, 2004, are hereby terminated effective at 8:00 a.m., February 14, 2004.

Date: 02/13/04

/s/ Marcia R. Andre

Marcia R. Andre
Forest Supervisor
Gila National Forest

I have received quite a few hits from Gila National Forest Permittees Association's website, where they have an excellent section on the Diamond Bar Cattle Company, including pictures of the ranch. Because of the interest, I am reposting the most recent documents concerning this issue.

DIAMOND BAR CATTLE COMPANY--CATRON COUNTY SHERIFF

Catron County Sheriff's Department
PO Box 467
Reserve, New Mexico
Pho: 505-533-6222
Fax: 505-533-6722

DATE: February 4, 2004

TO: Federal Employees, Federal Contracted Employees, State Officials and
County Officials

FROM: John Cliff Snyder
CATRON COUNTY SHERIFF

SUBJECT: Diamond Bar Cattle Company vs. U.S.
Federal Case # 96 437 WJ/LFS

As the elected Sheriff of Catron County, I am sworn to defend the Constitution of the United States and Laws of the State of New Mexico.

As all are aware, the US Forest Service is set to begin gathering cattle from the Diamond Bar on February 7, 2004. I am not disputing the fact that the Forest Service has a valid court order to remove the cattle from Forest Service lands. I do not have the power vested in me to determine, if indeed, they are Forest Service lands. I believe that is left to the courts.

I believe, where the problem lies is the shipping of cattle after they are gathered. Under NM Statute 77-9-1 through 77-9-63, the laws governing the possession, hauling and selling of livestock are spelled out.

The laws of most interest to me are: 77-9-19-23; 77-9-45-48 and 77-0-31.

These cattle cannot be shipped and sold without being in direct violation of NM Statute.

As I see this situation, the Federal Government is asking me to ignore my duty under state law. I believe this puts me, my department and the County in a position to be liable under State law. The Federal Government will walk away when they are finished, leaving me to face the liability alone.

I cannot, in good conscience, ignore my oath of office or the liability to my county. I intend to enforce the State Livestock laws in my county. I will not allow anyone, in violation of State Law, to ship Diamond Bar Cattle out of my county.

DIAMOND BAR CATTLE COMPANY--LETTER TO NM ATTORNEY GENERAL

February 6, 2004

Patricia A. Madrid, New Mexico Attorney General
P.O. Drawer 1508, Santa Fe, NM 87504-1508

Dear Ms. Madrid:

It is our understanding that your office provided an Opinion to the New Mexico Livestock Board relative to the situation where the Forest Service, acting on an Order of the Federal District Court, is planning to impound our cattle. As we understand, the Opinion stated that the Livestock Board was required to honor the Court Order. Since your office did not contact us, we have to assume your Office based the Opinion on the Court’s statement that our cattle were trespassing on “national forest system lands,” and should be removed.

The Court, by invoking rules of the Court, did not address or dispute the fact that we have a legally and lawfully filed deeded fee interest (based on res judicata under N.M. law) in the lands within our ranches that prove that our cattle are not ranging on national forest system lands.

Our situation hinges on three principles of law; the sovereignty of the State of New Mexico, the limits on federal jurisdiction, and the oath of office of state officials.
This matter concerns private property rights that are within the bounds of State sovereignty, over which the Federal District Court has no jurisdiction. Any dispute over these rights must be handled in a State court of proper jurisdiction, as stated by the U.S. Supreme Court in Garland v. Wynn, 61 US 6, 20 How 6, 15 L. Ed 801, “The Courts of a state must determine the validity of title to land within the state, even if the title emanates from the United States or if the controversy involves the construction of federal statutes.”

With respect to jurisdiction over national forest system lands, there is no evidence in the New Mexico legislative proceedings to show that exclusive legislative jurisdiction was ever ceded by the New Mexico Legislature in accordance with Article 1, § 8, Clause 17 of the Constitution of the United States of America (see NMSA 1978, 19-2-2 through 19-2-11) Therefore, federal jurisdiction over these lands falls within the category of proprietary jurisdiction, wherein the U.S. functions as any other land owner within the state, and must abide by State law and depend on local law enforcement to serve warrants, court orders and arrests. In Woodruff v. Mining Co., 18 Fed. 772, the U.S. Supreme Court stated, “the only interest of the United States in the public lands was that of a proprietor, like that of any proprietor…”

The federal government, under this limited jurisdiction, cannot compel the New Mexico Livestock Board or the County Sheriffs “to enact or administer federal regulatory programs,” (N.Y. v. U.S. 120 L.Ed.2d 158) nor can the federal government or District Court, authorize federal agency personnel or contractors to violate State law (i.e., New Mexico Livestock Code).

The predecessors of your office worked long and hard to win the decision of the U.S. Supreme Court in U.S. v. New Mexico 435 U.S. 696, 98 S.Ct. 3012 (1978), which stated that cattle grazing was not a purpose for which the Gila River Forest Reserve was withdrawn, and that the stock water was to be allocated to the individual stockwaterer under State law. In order for all New Mexico public officials to uphold their Oath of Office, they must protect private property rights. Those who do not do so are subject to being held accountable for violating their Oath.

We hand delivered a packet to you last Wednesday with more details in this matter.

Sincerely submitted,
___________________________________
Kit Laney

Cc: N.M. Livestock Board Members


Order 06-222

AREA CLOSURE – Diamond Bar Allotment Gila National Forest

Pursuant to 36 CFR 261.50(a) and (b), the following acts are prohibited on the area described in this order and shown on Exhibit A within the Gila National Forest, until further notice.

(1) Going into the area in violation of posted restrictions for public health and safety, 36 CFR 261.53(e).
(2) Going into the area in violation of posted restriction for the protection of property,
36 CFR 261.53(f).

Pursuant to 36 CFR 261.50(e), the following persons are exempted from this order:

(1) Persons with a permit specifically authorizing the prohibited act or omission.
(2) Any Federal State or local Officer, or member of an organized rescue or firefighting force in the performance of an official duty.

This order affects the Diamond Bar Allotment area of the Wilderness Ranger District, Gila National Forest, as shown in Exhibit A.

Description of Closed Area, Roads and Trails

Forest Road 150 from below the private lands at Wall Lake, (Township 11 South, Range 12 West, Section 15), south to the south rim of Rocky Canyon (Township 14 South, Range 11 West, Section 8).

Trails include: Trail #40 in Diamond Creek, including Middle Diamond Creek from the junction of Forest Road 150 to the junction of the CD trail # 74. CD Trail # 74 from the junction of Trail #40 south to the junction of Trail # 74. Trail #74 to the junction of Forest Road 150. Encompassing Trails # 75, 76, 75A, 72, 481, 73, 707, 68, 69, 67, and 308. To the west of Forest Road 150 trails include Trail # 803, 700, 95, 94, 716, 708, 713, East Fork of the Gila River from private property at Trails End Ranch to the private land at Lyons Lodge.

Land area includes the area described as the Diamond Bar Allotment: On the Northwest side from the confluence of Adobe Canyon and the East Fork of the Gila River to Forest Road 225 easterly to the junction of Forest Road 18, north along Forest Road 18 for approximately 1/2 mile then continuing east to Forest Road 150. From Forest Road 150 east to the southwest slope of Round Mountain south along
the Crest Trail to Diamond Peak and on to Reeds Peak. The south border continues along Trail # 74 to Sign Board Saddle to a cattle guard in Rocky Canyon and Forest Road 150. Continuing west to the north rim area of Apache Creek across the lower end of Black Canyon to the East Fork of the Gila River. The west boundary is the East Fork of the Gila River north to Adobe Canyon.

The attached map, Exhibit A, identifies the trails, Roads, and area closed by this Order.
This Order becomes effective at 8:00 a.m., February 11, 2004 and will remain in effect until rescinded.

Order No. 06-222 Page 2

Done at Silver City, New Mexico, this 5th day of February 2004.

/s/ Marcia R. Andre

MARCIA R. ANDRE
Forest Supervisor
Gila National Forest

Violations of these prohibitions is punishable by a fine of not more than $5,000 for an individual or $10,000 for an organization, or imprisonment of not more than six months, or both. (Title 16 U.S.C. 551 and Title18 U.S.C. 3559 and 3571).


What's Ahead (Forest Service)

A team has been assembled to conduct the impoundment and removal process. This team will work primarily out of the MeOwn Guard Station located within the Diamond Bar Allotment. A contractor will perform the actual gathering of livestock.

Initial aerial monitoring will be conducted by helicopter to determine the location of livestock. The contractor will be briefed and provided with maps indicating the livestock locations. The gathering of livestock by the contractor will be herded into the MeOwn or Beaverhead corrals for shipment to Los Lunas for eventual sale. To enable the contractor to gather the animals in an efficient manner, the helicopter will be used prudently for reconnaissance flights to locate remaining livestock.

The team will consist of an Incident Commander with Line Officer authority, an Operations/Planning Chief to oversee daily operations, a Contracting Officer Representative (COR) who will be responsible for the contract, a Logistics Chief to maintain the camps, the Forest Public Affairs Officer (PAO) who will be the media/public contact, a Finance Chief to track costs, a N.M. Livestock Inspector present when cattle are to be shipped, a Helicopter Manager, an Emergency Medical Technician (EMT), and a Security Chief to manage Law Enforcement personnel. Numbers of additional support personnel will vary.