Saturday, February 14, 2004

DIAMOND BAR LIVESTOCK REMOVAL DATE CHANGED AND AREA CLOSURE RESCINDED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date of mid-February for the Diamond Bar livestock removal has been temporarily postponed and the area closure rescinded.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The area closure for the Diamond Bar allotment will be rescinded as of February 14th at 8:00 a.m. Public access will now be possible along Forest Road 150 (also known as the Beaverhead or North Star Mesa Road).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.

Friday, February 13, 2004

NEWS ROUNDUP

Fish and Wildlife Service expresses concerns over Biscuit fire salvage The U.S. Fish and Wildlife Service has expressed concerns that salvage logging plans for the area burned by the 2002 Biscuit fire could harm important wilderness habitats and northern spotted owls. Their comments in the draft environmental impact statement for Biscuit urged keeping timber sales out of inventoried roadless areas, undeveloped portions of the Siskiyou National Forest where the salvage plan calls for logging 12,355 acres to produce 200 million board feet out of the total 518 million board foot harvest. Fish and Wildlife characterized the roadless areas as "strongholds for populations of threatened and endangered species," adding that the fire did not destroy their potential to being designated wilderness, where logging is not allowed, and serving as important habitat.... Beauty vs. energy drilling, who will win? Will the U.S. Forest Service open the Valle Vidal for coal bed methane production? That is the fundamental question behind the more controversial, but perhaps more salient question, should the Valle Vidal be opened for such production? Coal bed methane is a natural gas found in coal seams. Production of the gas requires drilling holes into the earth, forcing water into coal seams, then pumping it out to release the gas. The coal bed methane drilling controversy extends well beyond the Valle Vidal with New Mexico joining the ranks of Wyoming, Kansas, Iowa, Alabama, Pennsylvania and Virginia as key players in this non-conventional energy source push.... Bend official urges House to force Pine Nursery sale A Bend Metro Park and Recreation District official asked a Congressional subcommittee Thursday to pass legislation that would force the federal government to sell the Bend Pine Nursery to the district for a price below what the government has requested. A day after a Senate committee approved the bill, sending it to the Senate floor, Chuck Burley of the Bend Park and Recreation District called on the House panel to approve Rep. Greg Walden's bill, which would transfer the 185-acre nursery for $3.5 million, $2.3 million less than the U.S. Forest Service's asking price. The Park District wants to use most of the land for recreational purposes, such as creating footpaths for hiking and building baseball diamonds and soccer fields.... Prairie dog poison ban lifted The U.S. Forest Service says it is lifting its ban on poisoning prairie dogs on five national grasslands in South Dakota, North Dakota, Nebraska and Wyoming. Deputy Chief Tom Thompson, in a letter sent Thursday to three regional foresters, rescinded an earlier letter of direction that effectively banned poisoning of prairie dogs on national forests and grasslands, according to a news release from Nebraska National Forest supervisor Don Bright in Chadron. The decision opens the way to control the spread of prairie dogs onto private land from federal grasslands, including the Buffalo Gap and Fort Pierre national grasslands in western South Dakota, Bright said.... Judge allows logging in critical owl habitat National forests in southwestern Oregon can sell timber that stands within critical habitat for the northern spotted owl if the areas also are designated for logging under the Northwest Forest Plan, a federal judge has ruled. The ruling by U.S. District Judge Owen Panner in Portland was a defeat for the Oregon Natural Resources Council and other environmental groups trying to protect old growth timber within the area designated for harvest on federal lands in Oregon, Washington and Northern California. In dismissing the lawsuit, the judge upheld the biological opinion from the U.S. Fish and Wildlife Service that declared logging on 60,000 acres of the Rogue River and Siskiyou national forests and the U.S. Bureau of Land Management's Medford District would not harm the overall population of spotted owls, which are a threatened species.... Cubin backs Wyo on wolf debate Barbara Cubin, Wyoming's sole U.S. representative, is "appalled" at how the U.S. Fish and Wildlife Service has treated the state over the wolf management issue, she told state lawmakers Friday. "Wyoming is right on this issue, and I'm not afraid to say that to a Republican administration," said the GOP congresswoman to state senators, sparking the one interruption by applause in her roughly 10-minute speech. She said officials of the federal agency made verbal and written assurances to both Cubin and state leaders that Wyoming's proposed wolf management law from last year would satisfy federal requirements for turning management of the creatures over to the states and for beginning to remove the gray wolf from the Endangered Species List.... Wyo aims to keep dual wolf status Wyoming's Game and Fish Commissioners are sticking to their guns and supporting a dual classification of wolves, even if it means going to court. The commission decided Friday not to support a bill, HB 155, that aims to avoid a court battle over Wyoming's gray wolf management plan by removing the predator provisions in the dual classification. Instead, the commission voted -- by a 4-3 margin that was decided by Commission President Jerry Sanders' tie-breaking vote -- to support a second House bill that keeps the dual classification in place, but changes the law to better meet federal demands for delisting. Commissioners said if nothing else, the bill could strengthen the state's hand if wolf delisting is litigated....Congress resists funding wild horse program The Bureau of Land Management is running into more problems trying to come up with additional money from Congress for wild horse controls, threatening new plans to reduce herds roaming the West. BLM officials were told by representatives from House and Senate budget-writing committees at a private meeting last week not to expect an increase for wild horse control, according to a spokesman for the House Appropriations Committee. The action represents another setback to a struggling Wild Horse and Burro program that is routinely criticized for failing to meet goals to manage 38,000 free-roaming horses and burros.... Column: Environmental regulation and private property rights Three years ago, Judge John Paul Wiese of the U.S. Court of Federal Claims ruled that the government owed the 275 farmers for their water losses. And this past New Year's Eve, he set the amount of damages at $14 million plus interest (a momentous judgment that received little notice until a few weeks ago). Indeed, no longer can government regulators take private property – be it water or, presumably, land – to protect this snail darter or that spotted owl with no consideration whatsoever for the economic loss that may be suffered by private property owners. If the government feels that a species is so endangered that it needs to take a farmer's water, that it needs to deprive a landowner of full economic use of his or her land, then the government ought to pay the farmer, the landowner for the loss.... NYT Editorial: Snowmobiles Unbound Friends of Yellowstone National Park were thrilled when a federal district judge in Washington ruled last December in favor of a Clinton administration plan that would have gradually eliminated snowmobiles from the park and against a Bush proposal that would have kept them there. Now another federal judge, in a separate case in Wyoming, has muddied the judicial waters by declaring the Clinton plan illegal and, in effect, ordering the National Park Service managers in Yellowstone to end the phaseout. The number of machines entering the park, which had been declining, promptly jumped to more than 700 a day from 490. It is hard to say which is more disheartening, the irrational ruling by the judge in Wyoming, Clarence Brimmer, or the administration's disingenuous response.... Park gas-mask probe rejected Republican candidate for governor Ken Miller has asked Attorney General Mike McGrath to investigate a 2-year-old photograph that showed National Park Service employees wearing gas masks to highlight air pollution caused by snowmobiles in Yellowstone National Park. McGrath declined, saying his office can perform criminal investigations only at the request of law-enforcement officials not the public, spokeswoman Lynn Solomon said. In a letter, Miller said the attorney general had received "hundreds of signatures on petitions and hundreds of letters requesting your office investigate the infamous 'rangers with gas mask' photo that Park Service personnel allegedly staged." Miller said he believes there is sufficient evidence of "malicious wrongdoing to justify an investigation." Many people watched the staging of a photo opportunity that resulted in a photograph that ran in newspapers throughout the country on Feb. 19, 2002, he said.... Ojito Wilderness The plan to create the Ojito Wilderness Area, crafted after years of negotiations in New Mexico between environmentalists, Zia Pueblo and lawmakers, has run into a snag with the Bush administration. New Mexico senators were surprised Thursday to learn the Department of Interior wants to use the Ojito bill to set a precedent in limiting its responsibility for managing Indian Trust lands.... Hunters complain of off-road vehicles Some elk hunters say hunters who use noisy - and speedy - all-terrain vehicles and snowmobiles are spoiling their chances. One complained to the Wyoming Game and Fish Commission on Thursday. "All day long they're cowboying it up," Stephen Eckert said. "These pseudo-hunters ... are a cancer that needs to be in remission.".... EPA Relaxes Estimations of Park Pollution In a decision that raises the possibility of increased pollution in national parks around the country, the Bush administration will allow North Dakota to change the way it estimates air pollution over Theodore Roosevelt National Park. The change, announced Friday in Bismarck, N.D., means that a consortium of power companies will be able to go ahead with a coal-fired power plant in North Dakota, and other power plants could open in the future, state officials said. Compliance with the Clean Air Act's requirements on national parks is determined by a system for estimating pollution levels. The new system, which is expected to produce lower estimates, could allow new coal-fired plants to be built near the North Dakota park without violating the law. "That sets the stage for new investments in our energy industry and real progress in our rural communities," Gov. John Hoeven said in announcing the agreement with the Environmental Protection Agency.... State’s Refusal to Share Public Documents Draws Challenge from Conservation Groups Earthjustice today appealed the Utah Attorney General’s refusal to provide public documents relating to highways claimed by the state under a federal statute known as R.S. 2477. The requests, filed in January under Utah’s Government Records Access and Management Act, seek basic information about the construction and location of the claimed highways, and the standards under which highway claims would be evaluated. Joro Walker, an attorney for the groups, explained that state and various county officials have misconstrued the law to claim that thousands of faint, previously unmapped trails qualify as “constructed highways” under R.S. 2477. The result is that once they have laid claim to these trails, they could move in with bulldozers and convert them to permanent roads, subjecting some of the most scenic national parks and refuges to increased traffic and development.... Column: Bush still isn't listening For three years, public servants and career scientists have been browbeaten into silence on many environmental and public lands issues. The administration ignores scientific studies that don't support Bush's political agenda. When public opinion disagrees with his goals, the administration shuts off public comment. The people who are trying to protect our air and water and be good stewards of our public lands have been told that their loyalty is not to the public or federal law. Instead, they are told, in no uncertain terms, to be loyal to this president.... Offshore Fish Farm Proposed A San Diego firm announced Thursday that it wants to use an old oil platform off Ventura County to create a commercial fish farm, the first of its kind on the West Coast to specialize in fin fish. The nonprofit Hubbs-SeaWorld Research Institute wants to use Venoco Inc.'s decommissioned Grace platform, in waters about 10 miles west of Ventura, to build an experimental operation that could produce up to 300 tons of fish annually.... Water rights proposal put forward in New Mexico A water rights battle that has raged for almost 40 years may finally be settled. New Mexico state officials first filed the Aamodt lawsuit in 1966 in an effort to delineate the water rights of Indian pueblos and of non- Native Americans. The proposed settlement involves water users who are not tribal members in the Rio Pojoaque, Rio NambĂ© and Rio Tesuque Pueblo drainages giving up private wells and connecting to a regional water system. The idea of a regional water system has been bandied about for years, but this is the first time a concrete plan with the backing of so many imvolved has been pushed forward. State and federal officials would coordinate the water system. The project is estimated to cost $280 million, of which the federal government would pay all but $68 million. A federal judge must still approve the proposal, which has the backing of Indian and non-Indian negotiators.... Probe prompts branding takeover The state's decision to take over the brand inspection program from South Dakota Stockgrowers Association came after a criminal investigation, Gov. Mike Rounds said Friday. But Rounds said the investigation didn't find criminal intent, and there are not plans to file criminal charges. He would not say what prompted the investigation. The South Dakota Brand Board voted Wednesday night to drop the contract with the Stockgrowers Association, which has run the brand inspection program for at least 60 years.... History of SD Hangings A woman who has compiled history about murders in Dakota Territory and South Dakota's early years has her work on display at the Cultural Heritage Center in Pierre. Carol Jennings spent two years on the project that focuses on murder in the state up to 1940. She's a research assistant at the State Archives in the Cultural Heritage Center. Her work includes the noose that was used to hang Nathaniel Thompson in 1893 and other items from that part of history. She has compiled this list of people executed by hanging in a portion of Dakota Territory and later in South Dakota.... 'Picture Perfect Cowboy' He can talk about the Stock Show ’til the cows come home, then “cut,” rope and paint the cows when they get there. Buck Taylor, at 65, embodies the classic old-time cowboy, and immortalizes the western way of life—from his Gunsmoke TV days to breeding longhorn cattle on his Throckmorton Ranch and creating paintings that reflect the romance and reality of the American West. For the past nine years, the actor and western artist has created the official Fort Worth Stock Show and Rodeo poster, and sold his art in the Amon Carter Exhibit Hall.... Cody ranch used for Sports Illustrated swimsuit shoot Never mind those sandy beaches - readers of this year's Sports Illustrated Swimsuit issue will see models posing on the banks of the North Fork and in Stampede Park. For one week in early July last year, two models and a crew of photographers, makeup artists and support personnel lived at the UXU Ranch and shot on location. "I was excited to have a magazine like that choose my ranch to spend a week," UXU owner Ham Bryan said. "Let's face it, it's any guy's dream.".... Local pro rodeo cowboy, rope manufacturer dies of heart attack Johnny Dale Emmons threw ropes, made ropes and even invented ropes. A former professional rodeo cowboy, he ran his family's rope manufacturing business and patented the Original Nylon Pigging String, a light rope that reduced times and brought new excitement to calf roping. Emmons, 55, died Monday of a heart attack at Arlington Memorial Hospital.... Short visits reveal mutual friends, kinfolk I have a theory, developed over my 70-plus years in the Panhandle, that goes something like this: "If you visit with a stranger for five minutes, you will know of him or at least heard of him before. If you visit 10 minutes, you will discover you both have mutual friends and mutual interests. If you visit 15 minutes, you will find you are cousins." This theory seldom fails me, as before I married Ruth I was kin to everybody south of the Canadian River. After marriage, I became kin to everyone north of the river. Kinfolks have always meant a lot to my family, but like many other things, times have changed.... On The Edge Of Common Sense: A horse is a horse, unlesss of course it's a girl's first love He spent his last year living a horse's dream: being loved by a little girl. A $400 dental bill at age 25 extended his life. I've owned many horses. He's the only one I've ever buried on my place. His greatest trait was that he had try. "He was hard and tough and wiry, just the sort that won't say die" was how Banjo Paterson put it in "The Man From Snowy River." He made a good cowman out of my daughter, won her a buckle in the team penning. He never placed in the halter class, always a little overweight, a might short. I took a lot of hoorahin' from the well-mounted boys at the roping arena....
OPINION/COMMENTARY

Stopping the Real Pests

It's great news that most Americans now identify themselves as environmentalists. Unfortunately, a small number have embraced environmentalism with religious fervor, basing their beliefs more on faith and dogma than on science and data.

Not unlike fundamentalists engaged in a jihad against unbelievers, these radical environmentalists pursue an agenda that has less to do with protection of the environment than with antipathy toward business, profits, and certain products and technologies. Ironically, their efforts to achieve their own narrow vision of what constitutes a "good society" often are inimical to protection of the environment -- a variation on the admission by Peanuts cartoon character Linus van Pelt, "I love humanity; it's people I can't stand."

For example, exploiting a technicality that links the Endangered Species Act (ESA) to pesticide registration, environmental groups have filed a spate of nuisance lawsuits that attempt to prevent the Environmental Protection Agency from registering or re-registering pesticides. These suits take advantage of a legal technicality that links pesticide registration to the Endangered Species Act (ESA). They allege that by failing to put in place a process for consultation with the federal agencies that administer the ESA -- the National Marine Fisheries Service and Fish & Wildlife Service -- before registering a pesticide, the EPA has not complied fully with the law. This in spite of the fact that the Fish & Wildlife Service's ESA Consultation Handbook makes it clear that "[t]he Services cannot force an action agency to consult."....

Democrats Dodge Campaign Finance Law with Environment 2004

Taking advantage of campaign finance laws that restrict direct contributions to political candidates but allow unrestricted contributions to “issues” advocacy, several former Clinton administration officials have begun raising money to target President George W. Bush’s environmental record during the upcoming election.

Referring to itself as “Environment 2004,” the new group consists of such Clinton notables as former EPA Administrator Carol Browner, former Interior Secretary Bruce Babbitt, and former Undersecretary of Global Affairs Frank Loy. Environment 2004 has so far raised $500,000 to attack the Bush environment record and has set a goal of raising $5 million by the November 2004 election.

According to the December 5 Chicago Tribune, “The organization is structured to take advantage of loopholes in campaign finance laws that allow independent interest groups to gather unlimited ‘soft money’ contributions that candidates and political parties are no longer allowed to accept.”....

Glacier National Park Ruling Voids Property Rights

However, in December 1999, the NPS sent McFarland an email informing him “that no one will drive park roads once they are closed to the public.” Though McFarland believes he has the right to use Glacier Route 7, he was willing to compromise. On January 6, 2000, he filed a special use permit application asking the NPS’s permission to use a vehicle or snowmobile to travel between his home and the Polebridge Ranger Station. On January 24, 2000, the NPS summarily denied that application.

McFarland sued. First, because he claims an easement in Glacier Route 7, with which the NPS interfered, he sued under the Quiet Title Act, by which Congress authorized landowners to get title to property to which the government asserts an adverse claim. Second, because the NPS arbitrarily and capriciously denied his special use permit, he sued under the Administrative Procedure Act (APA).

Recently, a Montana federal district court dismissed McFarland’s case. The court ruled he had filed beyond the Quiet Title Act’s 12-year statute of limitations, which, according to the district court, began to run in 1976 when the NPS restricted the general public’s ability to use Glacier Route 7 north of Polebridge Ranger Station. Though the NPS gave McFarland complete access to Glacier Route 7, he should have known, reasoned the court, that the NPS believed it could deny him that right. The court also dismissed the APA claim because the Quiet Title Act is “the exclusive means” of resolving property disputes. Both rulings are legally suspect and terrible public policy....

Want to know why “that dog won’t hunt”?

Congress passed a new law requiring that everyone in New York and California allow at least ten mice and two hundred cockroaches to live in their homes.

I am just kidding. Congress didn’t really do that, but wouldn’t it be fun, just for once, to let them know what if feels like to have other people dictate how to live? It will never happen, because “that dog won’t hunt” (an unworkable idea), any more than the prairie dog hunts.

Prairie dogs are proposed for listing under the endangered species act. They will receive additional attention this year, because Lewis and Clark “discovered” the prairie dog two hundred years ago. Lewis and Clark noted in their journal that the French called them “petite chien”, which means “small dog”.

Actually, the prairie dog is a rodent belonging to the same family as tree squirrels, chipmunks and ground squirrels (or as I call them “gophers”)....

The Terror of "Animal Rights"

The "animal rights" movement is celebrating its latest victory: an earlier, more painful death for future victims of Alzheimer's, Parkinson's, and Huntington's disease.

Thanks to intimidation by animal rights terrorists, Cambridge University has dropped plans to build a laboratory that would have conducted cutting-edge brain research on primates. According to *The Times* of London, animal-rights groups "had threatened to target the centre with violent protests ... and Cambridge decided that it could not afford the costs or danger to staff that this would involve."

The university had good reason to be afraid. At a nearby animal-testing company, Huntingdon Life Sciences, "protestors" have for several years attempted to shut down the company by threatening employees and associates, damaging their homes, firebombing their cars, even beating them severely....

Time To Cowboy Up on Extremists

Among the many excesses of radical environmentalism, few can match its unremitting opposition to genetically modified crops.

Led by groups such as Greenpeace, the radicals have displayed an astonishing callousness to suffering and starvation in the Third World, and an even more astonishing ability to impact political decisions there.

In the fall of 2002, Andrew S. Natsios, administrator of the U.S. Agency for Economic Development put it well. He was trying to ship maize to drought-stricken Zambia, where millions were in desperate need. But the Zambian government refused to distribute the maize because the Greenpeace-types had convinced them some of it might be genetically modified. Better to starve than take a chance on that, notwithstanding the fact there is no evidence GM maize represents any health hazard whatsoever. "They can play these games with Europeans, who have full stomachs, but it is revolting and despicable to see them do so when the lives of Africans are at stake," Natsios said....

Separating people from their water

Agenda 21 represents a major fundamental change in the role of government in social and land-use policy. Under its concept of sustainability, the primary purpose of government will no longer be to serve the people. Rather, the focus of Agenda 21 is to protect nature from people. Governance will be by consensus among "stakeholders and partnerships." The concept of elected representation that holds the government accountable to the citizens will be eliminated.

Agenda 21 requires that by 2000, "All States...have designed and initiated costed and targeted national action programmes, and to have put in place appropriate institutional structures and legal instruments" to implement Agenda 21. The Clinton Administration responded, creating the President's Council on Sustainable Development which published its report entitled Sustainable America in 1996. Chapter 18 of Agenda 21 requires that all States implement integrated watershed management plans "for the protection and conservation of the potential sources of freshwater supply, including ... protection of mountain slopes and riverbanks and other relevant development and conservation activities."

The Clinton Administration eagerly took up the challenge. In the U.S. State Department's 1997 report on its progress to the U.N., the U.S. proudly stated, "Agenda 21 sets ambitious objectives [for the United States to] ... move toward integrated water resource management, a holistic approach that treats water resources as an integral part of the ecosystem." Among the many programs spawned by Sustainable America to fulfill the fresh water protection requirements of Agenda 21 include the American Heritage Rivers (AHRI), and the Clean Water (CWI) initiatives. Neither program was voted on by the U.S. Congress. Instead, they are being implemented through executive order....

Thursday, February 12, 2004

NEWS ROUNDUP

Expert: Tahoe faces same fire threat as Southern California They urged more intensive logging and thinning of forests miles away from residential areas. "That's where the fires come roaring into communities from," said Bonnicksen, an expert on California forests who has testified before Congress for more than a decade in support of increased logging on federal lands. "These flames are 200-feet tall, burning at 2,000 degrees, moving at sometimes a mile a minute," he said. Some large trees will have to be cut as well as underbrush, Bonnicksen said. He criticized Forest Service restrictions putting most trees larger than 30 inches in diameter off limits to logging under the agency's latest plan for the Sierra Nevada.... Drilling expansion looming for southern Colorado Drilling could begin as early as next February on the first of 300 coal-bed methane gas wells in the northern half of the San Juan Basin, a Forest Service official says. Mark Stiles, supervisor of the San Juan National Forest, based his prediction on the expected May release of a draft environmental study of coal-bed methane gas development in La Plata and Archuleta counties. The basin itself straddles New Mexico and Colorado. It is the nation's No. 1 producer of gas from coal beds, with 20,000 wells and nearly 10,000 more planned in New Mexico over the next two decades.... Column: Sierra Club Old Guard Revives McCarthyism Most Americans remember the McCarthy era as a lesson - not to be repeated. Apparently the moral from those bleak days was lost on thirteen former presidents of the national Sierra Club, who are interfering with this year’s election for the Board of Directors. There are two types of candidates in Sierra Club elections: internally-selected candidates called, “nominating committee candidates” and candidates who get members’ signatures on a petition, abiding by all the rules in a grassroots, democratic process called, “petition candidates.” The thirteen former presidents, who are part of the old guard within the Club, put the bureaucratic, self-perpetuation of the Club above environmental protection. Their work appears on a website called Groundswell Sierra, giving new life to the dictionary definition of "McCarthyism." The main target of these McCarthyite tactics is a faction of Sierra Club members called SUSPS (formerly known as Sierrans for U.S. Population Stabilization), whose followers believe that limiting US immigration will stabilize population levels, thereby protecting the environment.... Wyoming rancher pleads guilty to poisoning prairie dogs on BLM lands A Wyoming rancher whose property extends into Powder River County in Montana admitted through his attorney Wednesday to illegally poisoning prairie dogs on federal land. Prairie dogs are a candidate species for federal protection under the Endangered Species Act. Billings attorney Kelly Varnes entered a guilty plea to the misdemeanor on behalf of Stanford M. Clinton Jr., of Recluse, Wyo., who owns the Three Bar Ranch in Wyoming and Montana. Clinton was charged with unauthorized range treatment on Bureau of Land Management lands and faces a maximum sentence of a year in prison and a $100,000 fine.... Senate balks at wolf law changes The Wyoming Senate on Thursday refused to introduce a bill aimed at changing the state's wolf management law to meet federal government requirements for taking the beast off the Endangered Species List and turning management over to the states. The Senate voted 15-12 in favor of introducing the bill, with three senators excused. The bill fell five votes shy of the two-thirds required for introduction.... Wyoming House votes to yield to feds on wolf management Members of the Wyoming state House voted Thursday to consider a bill that would yield to federal demands that gray wolves be protected throughout the state, but angry state senators refused. Working to avoid a court battle over wolf management, the House voted 51-8 to consider a measure revising the state management plan to conform to federal demands. But an identical proposal failed in the Senate 15-12, as opponents fumed at the last minute rejection of the Wyoming's original state plan by the U.S. Fish and Wildlife Service.... Column: How broken is it? It's much the same no matter where we look at ecological zeal. For example, in the last 30 years, fewer than 30 of 1,000 species listed under the Endangered Species Act as endangered or threatened have been taken off the list. That's a 97 percent failure rate for ESA. During the 1970-2000 time period, air quality improved dramatically. Our population increased 38 percent; energy consumption exceeded that growth; and the economy exploded by an inflation-adjusted 158 percent. Yet in the face of such increases, lead, particulates, smog, sulfur dioxide and carbon monoxide levels all declined, according to the EPA.... Bush guts silvery minnow money The Bush administration's commitment to helping New Mexico solve its Rio Grande water problems came into question at a Senate Energy Committee hearing today. The president's 2005 budget includes only about $5 million to restore habitat for the endangered silvery minnow, $9.5 million less than this year's appropriation, said Sen. Jeff Bingaman, a Silver City Democrat.... Interior secretary says she’ll consider Domenici’s minnow plan Interior Secretary Gale Norton says she’ll give serious consideration to New Mexico Senator Pete Domenici’s proposal to help the endangered silvery minnow by “taking the fish to the water.” The minnow’s primary habitat is the Rio Grande south of Albuquerque. It’s an area that sometimes runs dry, and for its survival, the fish requires water diversions from farmers and towns. Domenici and Sandia Pueblo Governor Stewart Paisano have asked the Interior Department to consider a proposal to relocate the fish further upstream to parts of the river that have more regular flows. They have also proposed sanctuaries for the fish on tribal lands north of Albuquerque....Group appeals latest sled decision A conservation group says it will appeal a Wyoming federal judge's decision to allow more snowmobiles into Yellowstone and Grand Teton national parks to the 10th U.S. Circuit Court of Appeals. In papers filed in U.S. District Court for the District of Columbia, the Greater Yellowstone Coalition said it will ask Judge Clarence Brimmer of Wyoming to suspend his order until the appeal is decided.... Ex-Park Service execs oppose oil leasing plan Former National Park Service executives are speaking out against a plan to sell fossil-fuel leases next door to a renowned fossil preserve. Today, the Colorado office of the U.S. Bureau of Land Management is scheduled to auction 27 parcels of land south of Dinosaur National Monument for oil and gas leasing. Next week, the BLM's Utah office plans to lease 28 parcels totaling about 12,000 acres around the western leg of the monument. Half of those parcels are in areas that environmentalists are trying to set aside as federally protected wilderness areas. The auctions -- which come three months after the BLM offered leases in parts of the Book Cliffs once considered by the agency for wilderness -- have fueled continued outrage from a growing number of environmental groups, outdoor recreation interests and now Park Service employees.... Nevada gov won't sue BLM over horses Governor Guinn says he came away from a weekend meeting with Interior Secretary Gale Norton convinced that she'll take steps to thin the herds of wild horses in Nevada. As a result, Guinn has decided to reject a state Wildlife Commission recommendation that he sue the federal Bureau of Land Management for mismanaging the state's 18,000 wild horses and burros. Guinn saysd Norton is trying to get money to carry out additional wild horse roundups this year, and the BLM is seeking a big budget increase next year. Despite Guinn's optimism, Nevada Senator Harry Reid says a Bush administration plan to shift money from other programs into the wild horse program is "dead on arrival.''.... NYT Editorial: An Enemy of the Environment The Bush administration has a troubling record of putting lobbyists in influential positions in the executive branch. Now it is taking the practice a step further by nominating a longtime lawyer and lobbyist for the mining and cattle industries, William Myers III, to an important judgeship. His extreme views on the environment, his hard-edged ideological approach to the law and his close ties to industries whose cases he would be deciding make Mr. Myers unqualified to be an appeals court judge. Until recently, Mr. Myers was the chief legal officer in the Interior Department. Before that, he was a mining industry lawyer and lobbyist and, earlier still, the director of federal lands for the National Cattlemen's Beef Association. A partisan advocate for the interests of the industries he represented, as well as a harsh critic of environmental protections, Mr. Myers regularly took positions that, though legally insupportable, would have had a devastating impact on the environment. He argued in one Supreme Court case that Congress does not have the power under the Constitution to protect wetlands. He also demonstrated a lack of judicial temperament, at one point comparing federal land management to "the tyrannical actions of King George in levying taxes" on the American colonies.... Agriculture groups plan to appeal ban on pesticide spraying A coalition of nearly 40 agriculture and pesticide groups plans to appeal a federal judicial ban on spraying certain pesticides near Pacific Northwest salmon waterways, an industry spokeswoman said. The groups, mostly from the Northwest, will file an appeal and a motion to stay the ban within the next week or two, said Corinne Simon of CropLife America, a pesticide trade association based in Washington, D.C.... Yellowstone Elk Die Early from Excessive Fluoride Elk that graze near the hot pools and geysers of Yellowstone National Park are dying about five years earlier than elk that live elsewhere in the park, says Robert Garrott, ecology professor at Montana State University-Bozeman. Blame it on fluoride. Fluoride is found naturally in the park, and elk take it in every time they eat and drink in the geothermal areas, said Garrott who is heading an ongoing study of the relationship between fluoride and early elk deaths. That's especially the case during the winter when the elk escape deep snow by congregating around the hot pools.... Experts strive to save mule deer habitat across West Wildlife biologists are mapping mule deer habitat from Mexico to Canada and identifying specific regional problems to try to stem the deer's decline across the West. An estimated 2.3 million mule deer roamed the diverse landscape stretching from the Pacific Coast to the Great Plains and the deserts of the Southwest to the mountainous terrain of the Northwest Territories in the 1950s and '60s, but their numbers have dropped sharply, the biologists reported. The Mule Deer Working Group of the Western Association of Fish and Wildlife Agencies hopes to reverse the trend by identifying and mapping habitat and recommending how best to manage it. Salmon advocates ask farmers to lease water Idaho Rivers United is asking farmers to lease water to the Bureau of Reclamation so it meets its goal for increasing flows in the Snake River to aid salmon migration. Already the bureau has leased 86,000 acre feet of water. With other water it already controls, the federal agency is only 100,000 acre feet below its goal of 427,000 acre feet of water. "The water situation looks a lot better, and we're sensing a lot of interest from irrigators in leasing water this year," said Diana Cross, a bureau spokeswoman. Idaho Rivers United is one of three groups that have sued the federal government claiming dam operations on the Snake River in Idaho are illegal.... Explosions rock canyon for river restoration Blasting that started in December continues in the American River canyon, with two back-to-back charges ripping through the temporary stillness of the Placer County Water Agency permanent pump and river restoration project site Wednesday. Wednesday’s explosion was part of a $17 million effort to prepare the site of the long-delayed Auburn dam for recreational use while building the agency’s long-awaited, year-round water hook-up from the American River to rapidly growing western Placer County.... Area farmers hurt by lack of water Clint pecan farmer Guadalupe Ramirez is trying to find ways to keep his business alive through another irrigation season that won't be significantly helped by snowpack runoff from the mountains in southern Colorado and New Mexico. Forecasters are estimating that farmers will receive about 56 percent of a full supply of water in 2004. Ramirez was one of many farmers in the area who in 2003 received only 34 percent of a full supply of water for irrigation. It was the first time in 25 years that farmers did not receive a full supply, said Wayne Treers, a hydraulic engineer with the U.S. Bureau of Reclamation in El Paso. Ricardo Bejarano, water master for Elephant Butte Irrigation District in Las Cruces, said the water allocation last year was 8 inches per acre, down from the normal of 3 feet per acre. "The figure for this year may be a little better, but not that much," he said.... S.D. House passes bill that would restrict game wardens' access to private property Under a bill passed by the South Dakota House of Representatives on Thursday, state conservation officers would need landowner permission to enter private land to detain hunters if there isn't an outward sign of wrongdoing. HB1258 addresses what is known as the open fields doctrine. Under that doctrine, established through a series of court rulings, state Game, Fish & Parks officers may freely enter private land to request that a hunter produce a hunting license or to check if a hunter has exceeded the legal limit of animals killed. HB1258 would require those officers to get the permission of the landowner before doing that. The officer would not need that permission if he or she observed anything suspicious or was tipped off to illegal activity.... Beef checkoff ruling to go to U.S. Supreme Court A group of Nebraska cattle producers and the U.S. Justice Department will ask the nation's highest court to review a ruling that found a national beef checkoff program is unconstitutional. The appeal will be filed this week, said Greg Ruehle, executive vice president of Nebraska Cattlemen. The case stems from a July decision by the 8th U.S. Circuit Court of Appeals that American beef producers do not have to pay a $1-per-head fee on cattle sold in the United States. The appeals court affirmed a 2002 decision by U.S. District Judge Charles Kornmann of Aberdeen, S.D., that the mandatory program violates the constitutional rights of cattle ranchers by infringing on their First Amendment right to free speech.... Water districts rescue West Texas The threat of outsiders to underground water in West Texas is real, and came as a wakeup call when news of a water mining lease between Rio Nuevo and the General Land Office on state-owned land made headlines last October. It is compounded by the fact that it's not just state-owned land that interests Rio Nuevo and others. Private land is also threatened by money-making deals for ranchers in exchange for water from their underground water resources. If West Texans have any chance to limit the impact on underground water, they then have to control who, when and where water can be produced and/or exported. This control can be found through local underground water districts.... Limit on land easements rejected Legislators were in no mood Wednesday to limit the length of conservation easements that place certain restrictions on the future use of land. Opponents of HB1194, which failed 18-50 in the state House, argued that government should not interfere with the rights of property owners. Easements typically are granted by landowners to the federal government or conservation groups, ensuring that the land will be preserved as open space that will not become speckled with businesses or homes. Landowners may donate easements or get paid for them. The bill would have limited future conservation easements to 99 years. It initially contained a 30-year limit, but Rep. Jim Lintz, R-Hermosa, asked the House for the longer period Wednesday.... Lawmakers propose mandatory US animal ID system The Agriculture Department would be given $175 million to quickly launch a mandatory U.S. livestock identification system, three farm-state lawmakers proposed in a House bill on Tuesday. The system would be used to combat outbreaks of foodborne disease, such as mad cow or foot and mouth disease, by tracking down suspect animals and their herd mates, the lawmakers said. Their bill would give USDA 90 days to establish a nationwide, electronic livestock identification system that could track farm-raised animals, such as cattle, hogs, sheep and poultry, from birth to slaughter.... Famed photographer to show off work today Celebrated photographer Bob Moorhouse will ride into town with the annual Texoma Farm & Ranch show this year. "These are photos I've taken on the Pitchfork Ranch," Moorhouse said. "Things I see that I want to preserve or natural settings I want to keep." Moorhouse's art is a byproduct of his work as vice president and general manager of the Pitchfork Land and Cattle Co. of Guthrie and Benjamin and of Eskridge, Kan. Besides presenting slides and commentary, Moorhouse will be on hand to autograph his recently published book "Pitchfork Country: The Photography of Bob Moorhouse.".... Western Writers of America Hooks Up With Festival of the West Western Writers of America joins the National Festival of the West at Westworld March 18-21 in celebration of the literature of the American West. More than 20 WWA members will be on hand to talk about their craft and sign books. Festival of the West, in its 14th year, is the country's largest celebration of the Old West and the American Cowboy. This will be the first time the nonprofit WWA, which has approximately 600 members and was founded in 1953 to promote and recognize Western literature, has been part of the festival....
Catron sheriff won't block removal of cattle

Catron County Sheriff Cliff Snyder may have changed his mind about trying to block the removal of unauthorized cattle from the Diamond Bar Allotment in the Gila National Forest.

District Ranger Annette Chavez and other forest managers reportedly spoke with Snyder on Tuesday.

The officials "sincerely felt Sheriff Snyder expressed no indication there would be any interference from the Catron County Sheriff's Department concerning the livestock removal," Andrea Martinez, public-affairs officer for the forest, said this morning.

"Our relationship with Catron County and the sheriff is very important to us," she added. "Our intent is to continue cooperation and communications with (them), especially during the development of the Diamond Bar livestock removal-impoundment activities."

Snyder has not returned calls from the Daily Press.

In a Feb. 4 letter to federal officials, he vowed to prevent shipment of the cattle out of Catron County. He cited several state statutes that he said supported his position.

Clint Wellborn, the 7th Judicial District attorney, responded the next day with a letter to Snyder, warning him that federal marshals would arrest anyone interfering with the impoundment.

The cattle removal, which Martinez said will take place in mid-February, is a result of a court order in which a judge determined that ranchers Kit and Sherry Laney are running unauthorized cattle on the allotment.

The Laneys have argued they have surface rights on the parcel because of their historic use of the land, predating creation of the Forest Service and wilderness areas.

At 8 a.m. today, an area closure went into effect. Nonresidents may not use Forest Road 150 (the North Star Mesa road) on forest land south of Wall Lake and north of the south rim of Rocky Canyon.

The 147,000-acre Diamond Bar Allotment, as well as several forest trails, also are closed to the public.

Maps of the area are available at district ranger offices. The closure "will be reviewed on a regular basis to determine its usefulness," Martinez wrote.

Private-land owners are allowed to travel to and from their properties.
NEWS ROUNDUP

Officials hope to have prairie dogs removed from threatened species consideration South Dakota has nearly double the number of prairie dogs that officials earlier believed, providing ammunition for efforts to get the animal dropped from the threatened species candidate list. An aerial survey has found 6,300 prairie dog towns occupying 327,500 acres in South Dakota, according to George Vandel, the top biologist for the state Game, Fish & Parks Department. The survey has not been completed on another 1,000 dog towns in Dewey and Corson counties because of weather and other problems, Vandel said. "We are going to be close to 400,000 acres when we get all done," Vandel said this week.... Lack of Awareness to Blame for Avalanche Deaths There is no trend in the snow sports industry as hot, no buzz or vibe more ringing and relished, than the pursuit of the backcountry experiences on skis, snowboards, snowmobiles and snowshoes. Leaving designated ski areas for the largely unexplored is so common, one wonders how much longer the backcountry can remain unexplored. Although the number of avalanche fatalities in the United States in the 1980's was approximately 15 annually, that number has doubled, on average, in the last five years. More people are now killed on public land by avalanches, avalanche researchers report, than by any other natural event, including lightning, fires or tornados. Last year, the Forest Service National Avalanche Center says, 30 people were killed in avalanches in the United States and another 28 died in Canada. Half were backcountry skiers or snowboarders, most of the rest were on snowmobiles.... Sheepish Delbert Chipman had been part of Utah County's growing sheep business for as long as he could remember. It was the flocks of Chipman and Adams sheep and herds of beef cattle that brought his family to settle along the American Fork Creek in 1850. The economy of Utah is spurred on by one of theoldest and most productive industries in the state - sheep raising.... Major land conservation effort awaits federal funds Five Humboldt County properties will remain working ranches while their 17,000 acres are protected from development in a major new conservation effort. The North Coast Regional Land Trust and the national Trust for Public Land have been developing the Six Rivers to the Sea Project since June 2002. They now await $2.8 million through the U.S. Forest Service Federal Forest Legacy, contained in President Bush's 2005 budget, which will fund the lion's share of the project.... Boldt Decision 'very much alive' 30 years later Hailed by some legal experts as the most significant ruling on Native treaty law in the past century, U.S. District Judge George Boldt's ruling held that the United States' mid-1850s treaties with Washington tribes provided that Indians always were entitled to half the salmon and steelhead harvest in their traditional fishing grounds off reservations. Boldt ruled that Washington state virtually had no authority over tribal fishing; in fact, it was the tribes that ceded to non-Indian settlers the rights to fish -- not the other way around. The decision also would instate tribes as "co-managers" with the state over Washington's salmon fisheries resources. For sport and commercial fishermen, Boldt's ruling amounted to blasphemy -- "special rights," they argued, that afforded a group making up less than 1 percent of Washington's population far too large a slice of the fisheries pie.... Oceans in peril: 'We have to change course,' say scientists The first new federal study of oceans in 35 years will suggest we did so, with alarming efficiency. Next month, a report from a panel appointed by President Bush is expected to paint a stark picture of oceans in trouble, and will call for sweeping new oversight measures to reverse decades of ecological decline in marine waters.... Lawmaker proposes avoiding fight over wolves A leading state lawmaker said Wednesday he will sponsor a measure adopting the federal government's stance on wolf management in Wyoming and allowing the process of removing federal protections for endangered wolves to go forward. "I've made a commitment that I will bring a bill that will yield to the federal position," Rep. Mike Baker, R-Thermopolis, told The Associated Press following a meeting between his legislative committee and U.S. Fish and Wildlife Service Director Steve Williams. Baker said he is sponsoring the bill in an attempt to break a logjam over the state's plan to manage wolves once they are removed from the federal Endangered Species List.... Wolf delisting two years away at best, Williams says If Wyoming conformed today with a wolf management plan acceptable to the U.S. Fish and Wildlife Service, and no bureaucratic hassles arise, the soonest wolf delisting could occur would be about two years from now, USFWS Director Steve Williams said Wednesday. Williams met with the House Travel, Recreation, Wildlife and Cultural Resources Committee to listen to its members and explain further why the Fish and Wildlife Service has rejected the state's plan to manage gray wolves.... Supervisor: Mohave Co. being denied tax base Buster Johnson is seeking a resolution that would make the federal government reimburse the county for a loss of property tax revenue. He said federal agencies, such as the Bureau of Land Management, is buying or trading land with private owners, causing the county a loss in tax revenue. Over the past four years, Johnson said the county has lost more than 8,500 acres to the federal government, while the state has lost more than 106,000. He said those numbers were put together by a consultant for the Quad State County Government Coalition, an organization Johnson belongs to. In a lot of cases, Johnson said the swapping and buying is being done in conservation efforts to protect endangered species. “There are more land trades (with the BLM) and also more threats of making people give up land for endangered species,” Johnson said. “These businesses will give up the land. That takes it off the tax rolls for us.” Johnson’s solution is to get the rest of the board to approve a resolution, which would endorse the Property Tax Endowment Act of 2003. He has placed the item on Tuesday’s Board of Supervisors meeting agenda. The act says that if the feds buy up a large portion of privately owned property — which is taxed by local jurisdictions — they have to endow those local entities full funding for the payment in lieu of taxes for five fiscal years.... Fees for public lands suffer blow in Senate The ability of the U.S. Forest Service to charge a fee to visit places like the Maroon Bells and possibly expand the program to cover hiking on public lands was dealt a potentially lethal blow in the U.S. Senate yesterday. The Senate Energy and Natural Resources Committee voted 23-0 to make the Recreation Fee Demonstration Project permanent for only the National Park Service. The ability to charge the fee would lapse for three other federal agencies — the Forest Service, Bureau of Land Management and Fish and Wildlife Service.... Yellowstone hastily crafts temporary snowmobile rules for rest of season Responding to the latest ruling by a federal judge, the National Park Service issued rules Wednesday that allow more snowmobiles in Yellowstone and Grand Teton national parks for the remaining few weeks of the winter season. The temporary rules increase from 493 to 780 the number of snowmobiles allowed in Yellowstone each day.Only some of the machines will need to be the cleaner, quieter-type snowmobiles, park Superintendent Suzanne Lewis said, but all must be part of commercially guided trips.... Snowmobiles: Issues get fuzzy when judges disagree On Dec. 16, U.S. District Judge Emmet Sullivan in Washington overturned the Bush administration's 2003 plan to allow snowmobiles to operate in Yellowstone. On Tuesday, U.S. District Judge Clarence Brimmer in Cheyenne overturned a 2001 decision by the Clinton administration to ban snowmobiles. Although the judges were deciding different issues, the results attempt to answer the same fundamental question: should snowmobiles be allowed or not? In the face of a sort of judicial stalemate on that question, the National Park Service was left to decide which opinion to follow.... Federal land deals could be regulated A state legislative committee on Wednesday backed two bills that would require the state Legislature to sign off on land purchases by the federal government. On a 10-3 vote, the House State Affairs Committee backed that idea in cases of state land going to the federal government. A similar proposal that would apply to sales of private land squeaked out on a 7-6 vote. Rep. Larry Rhoden, R-Union Center, sponsored HB1297 and HB1296, he said, because he believes the federal government owns too much land and is always seeking more.... Buffalo Commons researchers offer views on Buffalo Commons idea Back in 1987, researchers Frank and Deborah Popper created outrage among many rural residents by suggesting the Great Plains be allowed to return to its days of native grasslands where buffalo roamed. Included in their Buffalo Commons concept was the prediction that the Plains region faced a future with fewer people, an aging population, economic declines and depleted natural resources. On Wednesday, the husband-and-wife research team was part of a discussion group at Kansas State University about what might happen to the Plains region....

Wednesday, February 11, 2004

THE SAGA OF THE DIAMOND BAR ALLOTMENT

Catron sheriff may try to block cattle shipment

A confrontation may be looming in the Gila National Forest between federal officers and the Catron County Sheriff's Department.

Sheriff Cliff Snyder has vowed to prevent the shipment of Diamond Bar Allotment cattle from Catron County, despite a court order calling for impoundment of Kit and Sherry Laney's unauthorized livestock.

The 7th Judicial District attorney responded with a threat that federal marshals will arrest sheriff's officers who interfere in the action.

The Forest Service has an agreement with the New Mexico Livestock Board to take the cattle to an auction barn in Los Lunas, according to Andrea Martinez, public-affairs officer on the Gila.

The director of the board was not available this morning to confirm there is an agreement.

In a Feb. 5 letter to Snyder, District Attorney Clint Wellborn said the board has been "working with the Forest Service to assure compliance with New Mexico laws regarding inspections of cattle that are being seized."

Martinez said her agency does not plan to begin rounding up the cattle Wednesday, as previously reported.

"It was scheduled tentatively for mid-February, and we are still shooting for that," she told the Daily Press this morning. "We expect a snowstorm tomorrow; (Forest Road 150) is already muddy."

Public access to the road and the allotment will be prohibited, beginning Wednesday morning. The closure order will be lifted when the impoundment is completed.

Martinez stressed that private-property owners in the area will be allowed to use Forest Road 150, which extends from New Mexico 35 to Wall Lake.

Snyder signaled his intentions to block shipment of the livestock in a Feb. 4 letter to area federal employees, federal contracted employees, and state and county officials.

The next day, Wellborn called the sheriff and followed up with a letter.

"I would caution you against interfering with the extension of this order," Wellborn wrote. "If you or your department should attempt to intervene, you risk the possibility of being arrested by federal marshals and held in contempt of court and possibly jailed and/or fined for violation of the order."

Snyder has not returned calls from the Daily Press to confirm whether he still plans to try to stop the cattle shipment.

Martinez reported that forest officials have not heard from Snyder. She said she hopes the sheriff will back down.

In his letter, Snyder wrote: "I am not disputing the fact our 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."

Snyder cited several New Mexico laws governing the possession, hauling and selling of livestock, from which he concluded: "These cattle cannot be shipped and sold without being in direct violation of New Mexico state statutes."

Snyder wrote: "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 of the county," he added. "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."

Forest officials have consulted with the New Mexico attorney general's office regarding the impoundment, according to Martinez.

"We need to work within the law and enforce the court order," she said. "We want to conduct the impoundment with efficiency and safety for everyone concerned."

A forest law-enforcement officer declined comment on the controversy.

Federal courts ordered the Laneys to remove their livestock from the allotment, about 85 percent of which is in the Aldo Leopold Wilderness Area.

The ranchers have argued they are entitled to surface rights on the allotment because of their historic use of the parcel, predating creation of the Forest Service and the wilderness area.

Laneys say they won't oppose the removal of cattle

Ranchers faced with having their cattle impounded say they will not physically oppose the action, but that county law-enforcement officers should.

Gila National Forest officials announced last week they will gather and remove unauthorized livestock from Kit and Sherry Laney's Diamond Bar Allotment, beginning Wednesday morning.

In an e-mail message the Daily Press received this morning, Kit Laney wrote that he and others at the ranch are "not dangerous."

"Please be assured the Laney family will never act in a manner that physically harms another human being," he said.

Laney continued: "We have chosen to leave the defense of our livestock in the hands of local law enforcement. We feel we have been able to convince them that, within the boundaries of state law, they have the legal authority to protect our livestock from impoundment and ourselves from harm."

Catron County Sheriff Cliff Snyder was not available this morning to comment on whether he plans to oppose the impoundment. Gila National Forest officers also could not be reached.

Laney criticized the agency's plan to close Forest Road 150, and prohibit public access to the allotment during the impoundment.

"The Forest Service only has the authority to close roads to protect the public from road problems, weather problems or forest fires," he wrote. "There are none."

Laney added: "The implication is the public may need to be protected from me. Word went out (Sunday) morning that I had threatened people involved in planning the impoundment. I want to assure everyone I did not threaten anyone, and I will never raise a hand to physically harm anyone least of all, someone doing their job."

According to Laney, Forest Service personnel told him one reason for the road closure and "increased USFS law-enforcement personnel" is that "people who want our cattle off the land" may have made threats against the ranchers.

"If this is so," Laney wrote, "we expect the USFS to pass this information on to either the Grant or Catron County Sheriff's Department; they have the jurisdiction to investigate these incidents. The sheriff needs to be able to conduct an investigation into these allegations to see if they are real."

In a news release last week, forest officials wrote that the area's closure "provides for public safety, protection of property and minimizes public activities that may interfere with the gathering and removal of livestock."

The action will prohibit entry along the forest road to forest land between Wall Lake and the south rim of Rocky Canyon (north of Mimbres). The 147,000-acre allotment, and a number of forest trails, also will be closed to the public for an indefinite period.

Private-property owners will be allowed to travel to and from their land in the area. Maps of the closed areas are available at district ranger offices.

Federal courts have ordered the Laneys to remove livestock from the allotment, about 85 percent of which is in a wilderness area.

The ranchers contend they are entitled to surface rights on the Diamond Bar because of their historical use of the allotment, predating the Forest Service's creation.

Order 06-222
ORDER
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.
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