The Westerner

Have you got a match?

The following dialogue is something to think about when you visit the Black Hills or any of our national forests.

Lawyer: You are the Chief of the Forest Service, a division of the United States Department of Agriculture. Is that correct?
Chief: That is correct.
Lawyer: As Chief, is it your duty to protect and preserve the forests?
Chief: That is one of my duties, yes.
Lawyer: Is it also your duty to manage the forests in such a manner that they will produce an infinite and continuous supply of timber by harvesting the trees on a sustained yield basis?
Chief: I don’t know if I would phrase it exactly like that, but we are mandated to manage on a sustained yield basis, which in theory could, I suppose, continue indefinitely.
Lawyer: Tell me Chief, how much timber grows on the national forests each year.
Chief: It varies from time to time but I think the last I knew we are growing about twenty billion board feet a year.
(At this point the lawyer opened a box of wooden matches and counted out twenty of them and placed them in the Chief’s hands.)
Lawyer: Out of that twenty billion, how much is lost each year due to natural processes like storms, hail, mud slides and the like?
Chief: I think it is a little over one billion but less than two billion.
Lawyer: OK. Let’s remove two of those. (He took two matches from the Chief’s pile.) Now, how many are removed by commercial timber harvest?
Chief: It used to be four or five, but now it’s only about two. (The lawyer removed two more matches.)
Lawyer: OK, Chief. Other than fire, is there anything else that removes significant amounts of this timber each year?
Chief: Not really. I would guess that maybe another billion is removed from various causes. (The lawyer removed one more match.)
Lawyer: Alright. Chief, tell me how many matches are in your hand.
Chief: Fifteen.
Lawyer: And how many years has the service been managing the forest in this way?
Chief: At least twenty. (The lawyer added another three hundred matches to the pile in the Chief’s hands.)
Lawyer: What do you plan to do with those matches Chief?
Chief: Nothing. I’m just waiting for your little demonstration to end.
Lawyer: Well don’t worry because it is about to end. (The lawyer strode toward the witness while pulling a single wooden strike anywhere match from his coat pocket and expertly held it up and struck it with his thumbnail like only an old farmer or rancher can do.)
Tell me Chief, do you believe in lightning?

This of course is not a true story, at least not yet.

And in defense of the Forest Service, their ability to properly manage the forest has been hamstrung by lawsuits filed by fringe environmental groups who believe the forest should not be managed by man.

Whatever the reason, the result could be catastrophic.

Larry Gabriel, Secretary
South Dakota Deptartment of Agriculture

Permalink

More on Sherry Laney's Horses

They, USFS and the contract cowboys, stole Sherry's horses off the deeded land yesterday while Sherry was in Las Cruces Visiting Kit.

Sherry is devastated, she raised nearly every single one.
Their Sister in Law, Debbie took pictures of the gate thrown down.

I was with Sherry last night at a dinner in TorC she was doing OK and planning on hauling a bunch or horses to her mothers next week. We specifically talked about her having a hard time feeding all of them on the private land, and how she was going to farm some of them out to relatives since they cant keep them in the house traps because it is too hard to haul hay into Black Canyon. She was planning on spending some time at her mothers and regrouping and figuring out what to do next.

The horses were on deeded land and (the USFS is telling people they have known the horses were on federal land for a while. ) This is a blatant fabrication. Apparently they have been waiting for Sherry to leave and for a weekend when no one could call and complain about the theft.

Laura Schneberger
www.cowboysandcattlecountry.0catch.com

Permalink

DIAMOND BAR CATTLE COMPANY

Sherry Laney's horses

Dear Friends,

I just received a rather distressed call from Sherry's mom. The contractor hired by the USFS to gather cattle on the Diamond Bar is continously leaving all gates open which connect from deeded to public lands.

In the process 14 of Sherry's saddle horses have been "gathered" and are now held by the USFS. Some are colts which Sherry recently castrated, they are still swollen, and had been kept on deeded land by her house so she could easily feed them.

Sherry Laney was told by the USFS that she could have her horses back for $650 a head.

Please pass this information on to anyone on your mailing list.

Thank you. Monika Helbling at rabbitbrushranch@yahoo.com

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX


The Associated Press State & Local Wire


March 27, 2004, Saturday, BC cycle

3:18 PM Eastern Time

Roundup nets more cattle, horses; petition circulates

SILVER CITY, N.M.

A group of contract cowboys continued searching the mountain sides and deep canyons Saturday for livestock at the center of a battle over grazing on an allotment in the Gila National Forest.

Forest spokeswoman Andrea Martinez said 354 cattle belonging to Kit Laney and his ex-wife and ranching partner Sherry Farr have been rounded up, and more than 250 of those have been shipped to an auction barn.

A group of horses were the latest of Laney and Farr's animals to be impounded this week.

"The horses were on national forest land," Martinez said. "From the very beginning, we knew there were the 14 horses and the livestock on forest land."

Forest officials said the impoundment is about 90 percent complete and they expect the cowboys in another week or two to round up the remaining animals, some of which are roaming the outer reaches of the Diamond Bar allotment.

Farr and Laney don't hold grazing permits for the allotment, about 85 percent of which is within designated wilderness. They own private land within the allotment and contend they have grazing rights based on historical use of the land.

Courts have ruled against them numerous times. The most recent ruling came in December, when a federal judge ordered the cattle to be removed.

Laney, arrested this month after an altercation with federal officers, remains jailed without bond. He's accused of charging his horse at Forest Service officers and trying to tear down a corral holding some of his cattle.

A group of residents in Sierra County is circulating a petition refuting the judge's decision to hold Laney without bail.

"We the citizens do not feel threatened in any way, shape or form and do thereby testify to the good character of Kit Laney," the petition reads.

Permalink

NEWS ROUNDUP

Firefighters Battle Calif. Ski Area Fire Firefighters made steady progress Friday against a blaze that got out of control after it was ignited to destroy dry brush and dead trees. The 350-acre fire, about two miles south of the resort city of Big Bear Lake, was 65 percent contained and had stopped moving Friday, authorities said. Full containment was expected Saturday. About 1,500 skiers were ordered to leave Bear Mountain and adjacent Snow Summit but no homes were evacuated and no one was injured, said U.S. Forest Service spokeswoman Carol Beckley said. A hut used by the resort's ski patrol was destroyed.... Angry residents want answers from Forest Service An angry crowd of about 150 residents confronted Forest Service officials Thursday, March 25, after a prescribed burn jumped its perimeter lines and burned straight up the mountain toward Bear Mountain Resort. The communities of Sugarloaf and Moonridge were put on alert to be prepared to evacuate, just in case. The town hall meeting at the Convention Center put the Forest Service on the hot seat, as emotions reached close to the boiling point. With the Old Fire just six months from memory, the recollection of evacuation and the threat of wildfire was still very fresh for those in the room facing down fire officials, asking what happened....Group says Forest Service PR campaign was second proposed A watchdog group says U.S. Forest Service officials who approved a $90,000 public relations blitz backing plans to triple logging in 11 Sierra Nevada national forests proposed an even bigger PR campaign five years ago. The officials who approved the Sierra Nevada campaign proposed a $600,000 PR effort in 1999 seeking to persuade reporters covering the 2002 Winter Olympics in Salt Lake City to do positive stories about the role national forests play in providing recreation and protecting the environment.... Wyden floats idea of nearly doubling wilderness Protected wilderness on Mount Hood could nearly double in size if a proposal by U.S. Sen. Ron Wyden gains traction in the nation's Capitol. The Oregon Democrat said Thursday that he's prepared to introduce legislation designating an additional 160,000 acres of congressionally protected wilderness within the Mount Hood National Forest and Columbia River Gorge. Wyden also wants to bring four stretches of rivers, totaling 36.9 miles, into the national Wild and Scenic River System.... Scuffle mars mountain lion news briefing Arizona Game & Fish Department officials booted an opponent of the Sabino Canyon mountain lion hunt out the door and threatened to arrest him after a news briefing yesterday afternoon. Daniel Patterson, an ecologist with the Center for Biological Diversity, spoke out after a statement that Gerry Perry, Game & Fish regional supervisor, made about who would pay for housing the lions at a Scottsdale center.... Bald eagles nesting in Chicago for first time in a century Bird experts say a pair of bald eagles are nesting in Chicago for the first time in more than a century. State officials and birders are trying to keep the eagles' location a secret. They don't want curious onlookers to scare the birds from their nest. U-S Fish and Wildlife Service officials say they are nesting somewhere next to the Little Calumet River. The waterway marks part of Chicago's southern border.... Column: End costly spills and pay anglers not to catch salmon A ll this talk about reducing or eliminating summer spills at Columbia River dams to rescue, at most, an estimated $77 million in lost hydroelectric power sales misses the point. Never mind how many salmon would die as a result of eliminating or reducing summer spills. We ought to be talking instead about strategies to save as many salmon as we can the old-fashioned way: by reducing the harvesting of returning adult salmon. Allowing regulated killing seasons on an endangered species has always struck me as the ultimate form of stupidity in the great Northwest debate about saving our salmon. Think about it: The Bonneville Power Administration has spent more than $6 billion on fish recovery in the past 25 years to protect and preserve salmon. Yet society thinks nothing about allowing the citizenry to kill them off, good years and bad.... Editorial: Putting people last Carpetbagging "environmental" groups have convinced U.S. District Judge David Hagen to delay a scheduled auction of some 6,300 acres of federally controlled land in Lincoln County near Mesquite, so that greens and bureaucrats can spend years traipsing through the desert, counting tortoises. On Monday, Judge Hagen ruled that before the Bureau of Land Management can dispose of the land, as authorized by the federal Lincoln County Land Act of 2000, the agency must complete an environmental impact statement. As a result of this decision, the BLM has canceled the auction, which had been slated for August. Mind you, the good folks in Lincoln County (pop. 4,000) would like nothing better than to conduct the auction, sell the property, and put it on the local tax rolls. Roughly 98 percent of the land in the county is in government hands, and with so little property in private hands to generate revenues, times are so tough there the taxpayers had to lay off the county manager.... Florida panthers in Arkansas? A federal study has ranked two national forests in Arkansas as the most promising sites for returning the Florida panther to parts of its former range, but any proposal to do that would face intense opposition from farmers and other state residents. The U.S. Fish and Wildlife Service commissioned the study as part of its efforts to save the panther, now confined to a shrinking habitat southwest of Lake Okeechobee.... Snail plan calls for preserving streams One of the recommendations to protect the Newcomb's snail is to preserve minimum flows in Kaua'i streams where the threatened animals live, according to a draft recovery plan released by the U.S. Fish and Wildlife Service. A series of problems threatens the tiny freshwater snail, including predation by frogs, toads, fish and carnivorous snails. But diversion of water from streams, causing diminished flows in areas where the snail lives, could wipe out entire populations, the plan said.... Panther family being taught to avoid humans Wildlife officials are using dogs and slingshots to teach a family of Florida panthers not to get too comfortable around humans. The three cats have been spotted several times around homes in the Big Cypress National Preserve in Southwest Florida since last fall. While it's not unheard of to encounter the endangered panthers in the region, these animals seem to have lost their fear of humans.... Park Service Removes Yellow Ribbons To Welcome Troops Yellow ribbons tied around utility poles to welcome soldiers home from Iraq were removed by the National Park Service (search), which says they are a political statement. About a dozen ribbons were posted along a park service-owned street that runs through the Herbert Hoover National Historic Site (search), where his presidential library, birthplace and gravesite are all located. A resident who was involved in placing about 40 ribbons around town Tuesday said she cannot understand the objection. "We wanted to let the troops know that we are welcoming them home," Sandy West said. "I was very disappointed in a government organization that wouldn't even support the kids.".... BLM, producers dispute undrilled gas The Wyoming Bureau of Land Management is feuding with coalbed methane gas producers over federal parcels in the Powder River Basin that may have marginal volumes of gas. Producers blame the BLM for limiting the amount of federal minerals it allowed to be drilled during the three years it took to complete an Environmental Impact Statement to extend the coalbed methane play in the area. They say the slow permitting pace created a situation where pockets of federal gas were drained by neighboring state and private wells over a number of years.... BLM chief pleased with federal permitting Stepping back from remarks she made in October about "problematic" personnel at field offices in Wyoming, Bureau of Land Management Director Kathleen Clarke said she is pleased with the oil and gas permitting work being done in Wyoming.... Supreme Court Eyes Land Management Case A wilderness area that has been proposed for government protection stands next to a state-run ATV park where people go joy-riding across the red sand on knobby tires, much to the chagrin of environmentalists. Environmentalists say the proposed protected area -- with its dunes and ancient stands of ponderosa pines -- is in danger from ATV damage while the federal government ponders the future of the land. They want it safeguarded now, not months from now when a final decision is made. The dispute has given rise to a U.S. Supreme Court case that will be heard on Monday. At issue is whether citizen groups can sue the U.S. Bureau of Land Management to force it to more aggressively safeguard public land awaiting a decision on protected status. The case could have sweeping implications for the management of federal land across the West.... Column: High-gas-price blues? Blame the greens As gasoline prices continue to climb, finger pointing is becoming a national pastime. Led by Sen. Ted Kennedy, of all people, Senate Democrats say they are "outraged that the administration is not doing everything in its power to alleviate the strain on drivers, consumers and businesses." This same Ted Kennedy, and Tom Daschle, have led Senate Democrats to block the administration's energy bill. They have done everything in their power to increase the strain on drivers, consumers and businesses by blocking every attempt to increase domestic oil production. Americans have every right to be angry, as they watch the rising price of gasoline take a bigger bite out of their paychecks. But their anger should be directed toward the real cause of the unnecessary price increases: irresponsible reverence for the environment. Anger should be focused on the League of Conservation Voters and the senator they have endorsed for president. Anger should be focused on the Sierra club, the National Wildlife Federation, Greenpeace, Defenders of Wildlife and the horde of environmental organizations that go ballistic whenever anyone proposes to drill a new oil well or build a new refinery.... How much is left? Millions of barrels of oil have been discovered on Alaska’s North Slope, but how much more could there be, yet undiscovered? The U.S. Geological Survey has assessed undiscovered oil and gas resources in the Arctic National Wildlife Refuge on the eastern side of the North Slope and in the National Petroleum Reserve-Alaska on the western side, and is now looking at what it calls the “middle ground.” The middle ground of the North Slope, says Ken Bird of the USGS, is the area between ANWR and NPR-A, north of the Brooks Range and south of the three-mile offshore limit of state land.... Book accuses Justice Dept. of nuclear plant coverup Secret midnight burning of radioactive waste. An FBI spy flight with infrared cameras. An employee who contends she was contaminated by fellow workers for reporting safety violations. It sounds like something out of a paperback thriller. But the allegations are contained in a new book that says the Justice Department covered up environmental misconduct at the former Rocky Flats nuclear weapons plant near Denver more than a decade ago. Federal and state health officials say they are looking into the claims raised by the book, "The Ambushed Grand Jury: How the Justice Department Covered Up Government Nuclear Crimes and How We Caught Them Red Handed." The book was written by Wes McKinley, the foreman of a grand jury that investigated activity at Rocky Flats, and attorney Caron Balkany. They said the book is worth the risk of jail for violating grand jury secrecy rules. "I am doing my patriotic duty," McKinley said. "These people are criminals.".... Judge rejects argument against fish poisoning A federal judge has rejected an effort to halt the poisoning of fish in Cherry Creek so that the stream may be replanted with westslope cutthroat trout. "Everything that reasonably could have been done to fully satisfy all requirements of the law has been met," U.S. District Judge Sam Haddon ruled Wednesday, in upholding the state Department of Fish, Wildlife and Parks project. Bill Fairhurst of Three Forks had sued the agency to halt the project, maintaining that using antimycin to kill Yellowstone cutthroat, rainbow and brook trout constitutes water pollution and violates the federal Clean Water Act.... Hoover Dam considering banning vehicles once bridge is done Hoover Dam might be closed to all motor vehicles once a bypass bridge over the Colorado River is completed in 2007, a dam administrator said. Bob Walsh, spokesman for the federal Bureau of Reclamation, said security and maintenance concerns were behind a proposal to ban passenger cars from using the winding two-lane highway across Hoover Dam after the alternate route opens.... Water deal becomes law in Snake River Canyon signing Water users from above and below the Snake River Canyon rim joined Gov. Dirk Kempthorne Friday at the signing of legislation that will keep water flowing for another year north of the river. The ceremony was a show of unity among the state and water users in resolve and cooperation to protect the vitality of the Eastern Snake River Plain Aquifer. It supplies groundwater on the plateau and spring water at the river's edge, sustaining the region's economy and the Snake River.... History Channel to explore technology of the Old West Consider the bandanna. A simple square of cloth filling so many needs for a cowboy on the trail. He could use it to wipe his brow. Or fashion it into a sling for a broken arm. It could be waved in the air as a signal. He could pull it over his nose to keep the dust out. And if a morally unencumbered cowboy came to realize that being a drover was never going to make him rich, he could pull it up over his face and rob a bank. This is an entry level example from the History Channel's newest series, "Wild West Tech," debuting Tuesday at 8 p.m. The series opener, "Cowboy Tech," looks at the gear used by the cowboy from the end of the Civil War to the turn of the century.... Pistol packin' mamas R.L."Larry" Wilson knows this about women: they aren't afraid to pull the trigger. The San Francisco author and firearms expert is out with what he says is the first book to tell the whole truth about females' natural, historical, existentially joyful affinity for firearms. In "Silk and Steel: Women at Arms, " Wilson has collected thousands of bits of documentary evidence from his 35 years in the field to prove that women and weapons have been inseparable since the invention of gunpowder....

Permalink

DIAMOND BAR CATTLE COMPANY

Cattle removed; rancher remains jailed

Four U.S. Forest Service trucks with a law enforcement escort hauled more than 200 head of cattle off a grazing allotment in the Gila National Forest Wednesday night. The cattle belong to Catron County rancher Kit Laney, who remains in the Doña Ana County Detention Center.
Laney, 43, has been in the detention center since his arrest March 14 for interfering with Forest Service personnel and hired hands executing a court order to remove his cattle. Charged with five counts of assaulting a federal officer and other charges, he has twice been denied release by a federal magistrate who said she feared he would return to his ranch and interfere again.
Federal Magistrate Karen B. Molzen has denied Laney’s release until the cattle are removed. Laney’s federal public defender Jane Greek is appealing Molzen’s ruling.
The grazing allotment for Laney’s Diamond Bar ranch is on federal property.
Laura Schneberger, president of the livestock board in Catron County, said the Forest Service began removing cattle from the impound area Wednesday.
“It was just about dark when the trucks pulled out,” Schneberger said. “I got calls as they went through Winston and Cuchillo.”
“No one in New Mexico will buy those cattle,” she said. “Ranchers here believe the cattle are stolen. They (Forest Service) will probably have to go into Texas to sell the cattle.”
Schneberger and others have videotaped the cattle and indicated some of the cattle are not in good shape.
“One more reason Forest Service wants to sell these cattle out of state is they don’t want anyone to see the cattle unloaded,” Schneberger said. “There will probably be a number of dead animals by the time they get to their destination.”
Andrea Martinez, media liaison with the Forest Service confirmed 251 head of cattle left the holding area, but declined to say where the cattle will be sold.
“We had some livestock auction barns lined up to handle the sale,” Martinez said, “but many of the auction barns are run by ranchers and they all know each other. For that reason we don’t to disclose where the sale will be held.”
Martinez said there have been seven notices posted on the gate of Laney’s Diamond Bar Ranch explaining how the cattle can be reclaimed. She said if the Laneys pay the costs of roundup and prove ownership of the herd, they can have the cattle.
“The other stipulations are they may not place any livestock in the Apache National Forest or the Gila National Forest,” Martinez said.
Martinez estimates there are about 65 head of cattle remaining and thinks it may be two weeks before the Forest Service completes the removal process.
All of Laney’s cattle have been seen by veterinarians and are being well cared for with a mix of hay and alfalfa and plenty of water, Martinez said.

T.S. Hopkins can be reached at thopkins@lcsun-news.com

Officials say Laney can still redeem cattle

There is still time for ranchers Kit Laney and Sherry Farr to redeem cattle impounded from the Diamond Bar allotment, but reclaiming their livestock will have a hefty price tag.
According to a federal court ruling, Laney and Farr, as owners of the Diamond Bar Cattle Co., must reimburse the U.S. Forest Service for all costs associated with gathering, impounding and transporting cattle from the 146,000-acre allotment.
What those costs might be - which are to include labor, fuel and transportation, feed for livestock, meals for wranglers and Forest Service personnel, and other miscellaneous costs - remains speculative.
On March 11, three days after the roundup began, Laney received notice from Annette Chavez, Wilderness District ranger, that the costs associated with gathering and impounding 80 head of cattle totaled $40,950.
"If you intend to redeem your livestock at this point, you must provide a cashier's check or U.S. Postal money order payable to the United States Forest Service in the amount listed above," Chavez wrote.
Two weeks later, as of Thursday midday, 320 of an estimated 400 to 450 head of cattle had been gathered, according to a Forest Service spokeswoman.
The recent cost, on average, of one cow at livestock auctions is about $650. If 400 cattle are sold, they would bring about $260,000.
Toby Laney, Kit Laney's nephew, said his uncle asked the Forest Service how much it would cost to redeem the cattle.
"Kit and Sherry's attorney advised them to say they wanted to redeem the cattle to see where this goes," Toby Laney said. "We knew it was probably going to be an absurd amount of money, and probably wasn't going to be financially feasible, but the principle of the law says we have to have the opportunity.
"(The Forest Service) just put (the cattle) on a truck and shipped them to we don't know where."
A Forest Service spokeswoman said this morning that tallies of costs are updated weekly, and available to Laney and Farr upon request.
"We are not aware of any recent request from Kit and Sherry for redemption costs. We will continue to be responsive to them through the Wilderness District ranger's office for any request regarding those costs," she said.
When asked what the costs are to date, Gila National Forest officials referred the matter to a Forest Service attorney, who was unavailable for comment.
Laney remains jailed in Las Cruces after a federal judge this week denied for the second time the rancher's request to post bond. He was arrested March 14 after allegedly charging on horseback at Forest Service officials who were impounding his cattle.
The fourth-generation rancher has been charged with two counts of obstruction of justice, five counts of assaulting and interfering with federal officers and employees, and one count of interfering with a court order.
In denying bail for the 43-year-old rancher, U.S. Magistrate Karen Molzen said she was concerned he would return to the Diamond Bar allotment and try to disrupt the court-ordered roundup.
Farr and Laney do not hold permits to graze livestock on the allotment, about 85 percent of which is within designated wilderness. They do own private land within the allotment, and have contended in lawsuits that they have grazing rights based on historical use of the land.
Courts have ruled against them numerous times since the mid-1990s.
A U.S. District Court judge had ordered the cattle to be removed from the Diamond Bar allotment because Laney and Farr did not have a grazing permit. Laney was later found in contempt of court.
Forest Service officials have stated it is their intent to impound the cattle until they can be sold at auction.
The agency is now advertising its intent to sell 251 of Laney and Farr's cattle.
Laney has five days from Tuesday's posting of a legal notice in the Daily Press to redeem the cattle.
The Laneys contend they are entitled to surface rights on the Diamond Bar, claiming historical use of the allotment predates the authority of the Forest Service. They have argued they own a "vested fee interest" in areas the federal government claims to control, and that such an interest is similar to owning mineral rights or another easement on the land. In their case, the ownership is tied to both water rights and the land that is incidental to the water rights for grazing.
The ranchers have alleged that the roundup is illegal and that the impoundment is potentially a criminal offense, resulting in "an unconstitutional jurisdiction over us and our life, liberty and property."
Truckloads of Laney cattle have been shipped from Beaverhead, presumably to livestock auction barns.
The Forest Service has declined to disclose the destination of the cattle.
Marcia Andre, Gila National Forest supervisor, said that Kit Laney was notified of the pending shipment in accordance with the law.
"The clock is still ticking. (Kit Laney) can still redeem the cattle prior to any sale, and he has been notified how to do that," Andre said.

Permalink

NEWS ROUNDUP

Lion seen just after pause in hunt Minutes after state game officials halted the hunt for mountain lions Thursday morning, a woman reported seeing a lion crossing Sabino Canyon Road. "The lion was moving from Sabino Canyon and going west into the residential area," said Tom Whetten, education and information program manager for the Arizona Game and Fish Department, adding that officials verified the report by finding lion tracks.... Forest fire erupts in ski areas near Big Bear A forest fire Thursday threatened a ski resort in the San Bernardino Mountains – a range scarred by devastating wildfires last fall. A blaze intentionally set by the U.S. Forest Service to destroy dry brush and dead trees got out of control and roared through 200 acres. The fire was 20 percent contained by Thursday evening, said Linda Davis of the San Bernardino County Fire Department. There were no injuries. A hut used by the Bear Mountain resort's ski patrol was destroyed.... Buffalo Kill To Control Disease Questioned For most Americans, buffaloes are icons of an era when much of America was wild and unspoiled. But to state and federal park officials around Yellowstone National Park, the bison also represent the threat of brucellosis, a disease that causes both buffaloes and cattle to spontaneously abort their young. In an effort to protect susceptible cows on ranches bordering the park, park rangers have been shooting a growing number of the buffaloes that each winter wander out of the park in search of food. So far this year, National Park Service and Montana Department of Livestock employees have shot 278 of the roughly 4,200 wild buffaloes that roam the park's confines. The program -- a boon to neighboring cattle owners and a bane to environmentalists -- has been in place for nearly a decade. But as the number of dead bison mount, criticism of the practice has grown.... Bush administration criticizes Tiffanys over opposition to mine in Cabinet Mountains Mark Rey, an undersecretary of the Department of Agriculture, said the letter signed by Tiffany's chief executive was filled with errors, though he declined to say what they were. "I'm guessing this ad in The Washington Post cost upwards of $50,000," said Rey, director of the administration's forest policy, in a telephone interview. "For $49,999.63 less, they could have sent us this letter and given their customers a discount on their products." Mining interests also criticized Tiffany, suggesting the company was responding to threats of boycotts of its jewelry from environmentalists opposed to the mine.... Forest Service turns down employee outsourcing appeal The Forest Service late Wednesday ruled against California mechanics appealing an agency decision to outsource fleet maintenance work. In the ruling, Forest Service officials said the mechanics should not have waited so long to challenge the accuracy of a statement describing work at stake in a competition for 60 full-time maintenance jobs.... Editorial: More logging at a snail's pace I t never made much sense for the U.S. Forest Service to spend tens of millions of dollars every year crawling around old-growth forests counting slugs and snails and searching for mushrooms and moss. The Northwest won't miss the "survey and manage" rule abandoned by the Bush administration in a settlement of a lawsuit filed by the timber industry. The rule was a shrewd poison pill inserted into the Northwest Forest Plan in 1994 that crippled the plan's promise of a small but stable level of logging on public forests. Survey and manage was a full-employment act for several thousand Forest Service contract workers, and a herd of environmental lawyers who repeatedly and successfully used the rule to block old-growth timber sales. In some years, federal agencies spent more than $100 million surveying more than 400 organisms thought to live only in Northwest old-growth forests.... Reviews mixed on smaller scale grizzly plan Critics of a plan to relocate grizzly bears in British Columbia are praising a new proposal to relocate the animals farther north, reducing the chances the bears will roam to Washington state. Environmentalists criticized the new proposal as hurting recovery chances for grizzly bears in the state. The British Columbia government may capture bears this fall from Wells Gray Provincial Park and hold them for a year before releasing them in fall 2005 in the Canadian portion of the North Cascades, said Matt Austin, large carnivore specialist for the British Columbia Ministry of Water, Land and Air Protection. He said the bears may be released north of Highway 3, the main highway running across the southern part of the province. The highway is considered a possible barrier to grizzly migration.... BLM director: Avoid sage grouse listing Bureau of Land Management Director Kathleen Clarke stopped in Casper on Thursday during a tour of several Western states to garner support for efforts to prevent listing the greater sage grouse for protection under the Endangered Species Act. The U.S. Fish and Wildlife Service is reviewing a petition to list the greater sage grouse, and the agency is expected to make a decision early next week about whether or not the petition is warranted.... Wyo to appeal wolf FOIA denial Wyoming plans to appeal a decision by the U.S. Fish and Wildlife Service refusing the release of some documents considered in the federal agency's rejection of the state's proposed wolf management plan. Wyoming requested the documents under the Freedom of Information Act. The state is preparing to sue the federal agency over the rejection. "What we wanted to know was -- from both the regional and national offices -- give us the comments, the research and documents generated in denying Wyoming's wolf plan," Mike O'Donnell, chief deputy attorney general, said Thursday.... Scientists criticize government over salmon rules Scientists appointed by the government to review salmon-recovery efforts are lashing out at federal court rulings that require both wild and hatchery-raised fish to be counted when determining whether a species is threatened. In an editorial being published in Friday's edition of the journal Science, the six scientists also criticized the National Marine Fisheries Service, saying the agency must do more to protect wild salmon.... Gold miners work to salvage salmon spawning area Gold miners were enlisted in an apparently successful effort to salvage a rare stretch of chum salmon spawning grounds along the Columbia River, officials say. Sand as deep as 18 inches covered about 20 percent of the spawning area at Woods Landing, between Vancouver and Portland, Ore. At the request of the Washington Department of Fish and Wildlife, volunteer miners used lawn mower-sized dredges mounted on pontoons to suck up much of the sediment and pipe it out to the main channel of the river over the weekend of March 13-14.... 300 jam Denver meeting on wolves About 300 people crammed into a meeting room at a Denver hotel Thursday night, most eager to share their views on wolves and Colorado. The state Division of Wildlife held the meeting to encourage and collect nominations for a "working group" that will draft a wolf-management plan to be submitted to the division's director.... Park Service pledges cuts in travel costs Reacting to stern criticism in Congress, the National Park Service sought to dispel notions Thursday that its spending priorities were out of line and that it had muzzled employees who might want to speak out. "Who's minding the store here? Are you all sort of oblivious to what's going on?" Rep. George Nethercutt, R-Wash., demanded of Park Service Director Fran Mainella. Mainella said she would immediately halt any more spending for foreign travel and cut 10 percent from domestic travel spending. She acknowledged that million-dollar projects were getting under way without her consent and said any costing more than $1 million would require approval from her or Interior Secretary Gale Norton.... Column: Yellowstone becomes prize in legal tug of war Compared to the flood of visitors that washes over Yellowstone National Park during the summer, the number of people making their way during winter into that fabled realm of geysers, hot springs, bison, elk, and wolves is but a trickle. Visitation between December and March is seldom more than 1,000 people a day, whereas in June, July, and August — when most of the park's 3 million annual visitors arrive — a crowd that size may be found at eruption time on the boardwalk around Old Faithful. Yet that relatively tiny number of winter visitors is at the heart of a very large legal, political, and philosophical dispute, one that in the past few weeks has taken a dizzying number of twists. The conflict is emblematic of an old paradox built into the national park system and reflects a deep and irreconcilable division in the way Americans perceive their native landscape.... Supreme Court considers right to sue government over land managementThe state all-terrain vehicle park is bordered on three sides by the wilderness study area, and conservationists say the Bureau of Land Management isn't doing enough to protect the fragile dunes and their ancient stands of ponderosa pine. The nation's highest court hears arguments Monday on whether citizen groups can sue the BLM to force it to better protect public lands awaiting a decision on wilderness designation. The clash of competing interests is most pronounced here, about 250 miles south of Salt Lake City, where the border defining Coral Pink's most delicate dunes from ATV traffic is little more than an imaginary line in the sand.... Wandering bighorns may be destroyed Montana Department of Fish, Wildlife and Parks officials have decided that up to seven bighorn sheep that wandered away from their new home in the Greenhorn Mountains last year may have to be destroyed. That decision has created controversy.... Interior official admits Animas-La Plata errors The Animas-La Plata Project saw a dramatic increase in costs because the Bureau of Reclamation completely failed to do its job, an Interior official told a congressional subcommittee Wed-nesday. Bennett W. Raley, assistant Interior secretary for Water and Science, told the Senate Subcommittee on Energy and Water Development that the long-in-the-works water project skyrocketed in costs last year because the bureau failed to take several factors into account.... House votes water rights fee repeal Colorado lawmakers are fast-tracking a bill not only to repeal the controversial water rights administration fee that the Legislature enacted last year but to refund the estimated $467,000 in fees that have been collected so far. House Bill 1402, which Joint Budget Committee Chairman Rep. Brad Young, R-Lamar, introduced a week ago, was the only bill the House considered during a brief floor session Wednesday, and it unanimously passed the House today.... California Lawmakers Introduce Bill to Require Testing All Cattle for Mad Cow California would become the only state in the nation that tests every head of cattle for mad cow disease under a bill offered Thursday by a pair of Democratic state senators. State Sen. Michael Machado, D-Linden, said Californians could have a certified-safe beef supply for just pennies a pound extra under a bill he has co-authored with Sen. Jackie Speier, D-San Diego....

Permalink

DIAMOND BAR CATTLE COMPANY

KIT' UPDATE

Kit was hoping to get out of jail yesterday and placed into the custody of Bob Jones but was instead slapped with an eight-count federal grand jury indictment accusing him of assaulting five federal agents and other charges. In the official reports the alleged counts of shoving two officers have now been changed to hitting three officers with his fists. He has also been accused of running one man down with his horse and kicking another officer and slapping another in the face with his reins.

The charges are extremely hard to believe knowing Kit and have heard his story but especially since they keep escalating with each passing day. The Justice Department attorney tried to include some unfounded allegations of harassment against USFS family members for good measure in convincing the judge to keep him locked up but thankfully, the judge didn't fall for that one since there is no evidence they occurred and it was not possible that Kit was involved from his cell. Talk about slimy, and they call it the Justice Department.

Last but not least was the fact that the attorney for the JD wanted Kit left in jail pending the last of the cattle being gathered, knowing full well that they were going to ship them last night. The Judge allowed Kit to be held until next week's appeal, yet the cattle were shipped last night. This just keeps getting more and more ridiculous. Of course the most ridiculous part is that Kit is facing about 50 years jail time for these alleged assaults and he has never been in a fight in his life that anyone knows of. Now the USFS are going around to the people who refused the contracts to gather the cattle and asking them to sign affidavits that say Kit threatened them. We know these allegations are false and they are being proven to be false yet the USFS is determined to make a case.

They will keep him in jail as long as humanly possible to make sure no one tries to buck their system again the JD attorney who kept the Canadian fellow in jail in Roswell for 2 years until a judge finally dropped all charges. This is his specialty.

Kit's appeal for release will be next week. He isn't being allowed to have his mail but I tried to write to him anyway. If anyone else wants to try, let me know I'll send the address.

Laura Schneberger
www.cowboysandcattlecountry.0catch.com

Permalink

DIAMOND BAR CATTLE COMPANY

Rancher indicted for assault

A jailed Catron County rancher, in court Wednesday seeking release, was instead slapped with an eight-count federal grand jury indictment accusing him of assaulting five federal agents and other charges.
Kit Laney, 43, has been in the Doña Ana County Detention Center since March 14 following his arrest by U.S. Forest Service officers for assault and interference with law enforcement officers.
Laney was arrested, according to federal officers, after he charged them with his horse, then dismounted and tried to tear down fencing encircling his cattle. The officers and hired help were ordered to round up roughly 400 head of Laney’s cattle that were on his allotment in defiance of a court order.
If convicted on the eight charges, Laney could face a maximum of 51 years in prison and fines of more than $2.7 million.
He was in federal court in Las Cruces on Wednesday on a motion to reconsider his confinement. His attorney, federal public defender Jane Greek, had suggested Laney be released to a third party.
“Mr. Robert Jones (of Otero County) has been approved as a person who would be responsible for Mr. Laney,” Greek argued before U.S. Magistrate Karen B. Molzen. Such an arrangement would have required use of electronic monitoring.
“What we have here is essentially a man who tried to let cows out of a pen,” Greek told Molzen. “These are not the allegations of the century.
“The court said its concern was Mr. Laney returning to his ranch and interfering with Forest Service personnel. Staying with Mr. Jones on their ranch on Otero Mesa will solve the concern,” Greek said.
Federal prosecutor Gregg Wormuth argued there was nothing to indicate Laney would not return to his ranch and interfere again.
“This is a tense situation, a powder keg,” Wormuth said. “If Mr. Laney heads back to his ranch it will be trouble, and the court cannot close its eyes to that.”
Wormuth also said there had been threats to the family of Forest Service personnel, adding that the threats were under investigation and hinting they may have been made by friends of Laney.
Molzen ordered Laney to remain in jail, saying she feared he would return to his property.
“Mr. Jones is a fine man,” Molzen said in her ruling. But “I have lost faith in electronic monitoring. Until the roundup is over, Mr. Laney, I feel I cannot release you. I’m doing this to protect the community.”
Greek said she will appeal the ruling to U.S. District Court and hopes for a hearing Monday or Tuesday when U.S. District Judge John Conway of Albuquerque is in Las Cruces.
After the hearing, Jones said the decision was “insulting to the entire ranching community.”
Laney’s ex-wife, Sherry, said she was disappointed with the judge’s decision.
“I’m wondering if this is the United States,” Laney said of her ex-husband’s continued incarceration. “I thought a person was presumed innocent before a trial.”
When Laney made his first appearance in court last week, there were two charges against him: assault and interference with officers. The details of the allegations were read to the court by Charles Roe, the Forest Service case agent, who was not present when the alleged assault occurred.
In reading the description of what occurred, Roe referred to only three officers. In the latest charges, five officers claim to have been assaulted by Laney.
Greek refused comment on the indictment.

T.S. Hopkins can be reached at thopkins@lcsun-news.com

Federal charges against Kit Laney:
Counts 1 and 2: Obstructed proper administration of law
Count 3: Assaulted Officer Dewayne Ross — hit with fists
Count 4: Assaulted Officer Michael Reamer — hit with fists
Count 5: Assaulted Officer Christopher Boehm — hit by horse
Count 6: Assaulted Officer Robin Thies — kicked
Count 7: Assaulted Officer Isaiah Baker — hit with reins
Count 8: Interference with officer — attempt to tear down pen

Laneys waiting on courts

Despite the fact that her husband remains in jail and after years of judicial setbacks, rancher Sherry Laney said this week she is still relying on the courts — at least for now.
The Laneys’ 400 head of cattle are being rounded up in an impoundment procedure by the U.S. Forest Service on the couple’s allotment near the Aldo Leopold Wilderness Area in Catron County.
Laney said the stress of their ranching situation after losing a 1997 court case eventually led her and husband Kit to divorce. The couple has since reconciled and were living and working together on the Diamond Bar Ranch until Kit was arrested by U.S. Forest Service law enforcement officers after an alleged scuffle on March 14. He remains in jail in Las Cruces after a hearing Wednesday in U.S. Magistrate Court.
The impoundment and an area closure of the 143,000 acres began earlier this month after a federal district court ruling in December found the couple in contempt of court for continuing to allow their cattle to graze on federal lands, in contravention of earlier court orders. The Laneys contend they have a fee permit interest which predates the Forest Service and which deeds them grazing and water rights.
“Shocked and outraged at the injustice of it,” is how Sherry Laney described her family’s experience and the seizure of their cattle by the Forest Service.
A brand inspector was on site Tuesday afternoon to determine if the cattle being kept at the Forest Service’s Beaverhead Station are indeed the Laney’s; but the agency should not be expecting a bill of sale from the couple any time soon.
“They have no claim to ownership of these cows,” Laney said. “And if they can sell them, the money off the cows will be mailed to the U.S. Forest Service in Silver City. But there’s a lien on the cows with a lending institution in Idaho.”
Laney complained that the Forest Service is acting illegally and has treated her and her family badly over recent weeks.
“They’ve closed down the road here, it’s like martial law,” she said. “They have 10 to 16 law enforcement officers on the road. They have harassed us ... have said we can’t set foot off our deeded land and they have chased Kit’s brother and nephew who were on horses while they were in a vehicle yelling at them with a bullhorn.
“We’ve been lied to continuously,” she continued. “Mainly by Steve Libby and Annette Chavez. Steve Libby said he would call us and he has not.”
Libby, the senior Forest Service range officer overseeing the impoundment procedures, reacted Tuesday to the charges by Sherry Laney.
“Obviously this is very stressful for everyone,” Libby said. “I know there’s a lot of anger and concern and distrust. Throughout this whole, awful ordeal we have attempted to be nothing but professional and considerate of the Laneys and their family.”
Laney claimed the Forest Service posted notification of the impoundment on their ranch gate rather than by telephone as promised.
“I didn’t call her,” Libby acknowledged. “Instead we notified her five days in advance of when we would begin the impoundment. We did that by certified letter.
“Additionally, with each batch of animals that we have taken into our control or gathered, we provided Kit and Sherry with specifics about these animals in a manner that was mutually agreed upon by them and Forest Service personnel,” he added. “And we’ve kept them current with the number of animals that we have in our control as we gather them.”
Libby also explained or refuted Laney’s other charges against the Forest Service.
“We did close the road,” he said. “We did close the area, but we’ve already explained this was necessary to provide for an efficient operation and public safety. We expect to have the road closure lifted by the end of this month, that’s our objective.
“I have to disagree that we have harassed the Laneys,” Libby continued. “We’ve tried to show them every consideration including in how we communicate with them. And they have the right to ingress and egress to their private property. To my knowledge, they were never promised more general access to the allotment.”
Libby also acknowledged there was an incident between Forest Service officials and Kit Laney’s brother and nephew, but said the matter was not one of harassment.
“There was an incident where law enforcement officers attempted to stop Kit’s brother,” Libby said. “And they just wanted to know who he was and what his business was. He refused to stop and subsequently a supervisory law enforcement officer went to the Laney residence to explain the circumstances surrounding that incident and to request future cooperation.”
Libby said the incident occurred on Forest Service property. The Gila National Forest normally has only three agents to monitor the 3.3 million-acre wilderness, but nearly a dozen more have been brought in from other forests on a rotating basis to deal with the impoundment and area closure.

Thomas J. Baird can be reached at tbaird@scsun-news.com.

Judge Keeps Rancher in Jail

LAS CRUCES— Rancher Kit Laney remained behind bars Wednesday after a federal judge refused a second request to release him pending a trial on charges that he assaulted Forest Service officers.
Federal Magistrate Judge Karen Molzen said she remained concerned that Laney would return to his Diamond Bar grazing allotment in the Gila National Forest and try to disrupt a court-ordered roundup of his cattle.
The original two charges against the southwestern New Mexico cattleman multiplied when a grand jury on Tuesday handed down an eight-count indictment, including two counts of obstruction of justice, five counts of assaulting and interfering with federal officers and employees and one count of interfering with a court order.
The charges stem largely from a March 14 incident in the Gila, when Laney is suspected of charging his horse at Forest Service law enforcement officers and pushing several as he tried to tear down a corral holding his impounded cattle.
A U.S. District Court judge last year ordered the cattle rounded up from the Diamond Bar allotment where Laney grazed them without a permit and later found him in contempt of court.
Molzen refused at Laney's initial March 16 detention hearing to release him on bond. Molzen said she considered him a potential danger to Forest Service officers during the controversial cattle roundup, expected to last several more weeks.
On Wednesday, assistant federal public defender Jane Greek asked Molzen to consider releasing Laney to a third-party. She recommended Otero County rancher Bob Jones, a former president of the New Mexico Cattle Growers Association and a former member of the state Game Commission.
Jones said his remote ranch on Otero Mesa in southeastern New Mexico is more than a six-hour drive east of the Diamond Bar.
Molzen, citing Laney's earlier statements that he would not interfere with the roundup, said she was not confident that the rancher would stay away from the Diamond Bar allotment and the roundup.
"I may be mistaken. Nobody said judges are perfect," Molzen said to the rancher, his ankles shackled and his wrists handcuffed to a chain around his waist. "But I'm doing this to protect the community and to protect you."
Greek, who said the charges against Laney did not constitute "the allegation of the century," said she would appeal Molzen's decision. The magistrate said she would try to schedule another hearing before a federal judge as early as next week.
Sherry Farr, Laney's ranching partner and ex-wife, said she suspected that the judge's tough stance was based on the fact that Laney was found in contempt of an earlier federal court order not to graze cattle on the Diamond Bar allotment.
Still, Farr said she was "shocked"' by the judge's ruling.
"Is this America where you are innocent until proven guilty? It sure doesn't seem like it," Farr said.
Referring to the March 14 altercation, Farr said: "One unarmed man against four law enforcement officers armed to the teeth and he's a danger to them?"
Assistant U.S. Attorney Gregg Wormuth argued strenuously against Laney's release, saying that Jones, who is also president of a private property rights group called the Paragon Foundation, was not "impartial enough" to be a custodian of the rancher.
Wormuth also said Laney did not appear to respect the court's authority to remove cattle from the Diamond Bar because Laney continues to talk about fighting the case.
One of the new obstruction charges against the rancher stems from his March 12 filing of a criminal complaint in Magistrate Court against the Forest Service contractor rounding up Laney's cattle.
"They are still fighting this case, which is over by all legal means," Wormuth said, "and I don't think they've come to grips with that."
The Forest Service on Tuesday publicly advertised its intent to sell 251 of Laney's cattle.

Editorial: Grazing Hot Air Is Renewable Resource

If cattle could graze on hyperbole, Catron County would be an economic miracle. The hot air is generated by radicals at either end of the issue of public lands use.
Speaking from the right, the Catron County Commission on Monday declared that environmentalists are "slowly destroying our public lands."
The blast was prompted by the latest chapter in the sad saga of Kit Laney. He and his now ex-wife Sherry Farr started a cattle operation in the Gila National Forest with the expectation they could run enough cattle to make it pay.
Ledger-sheet health and rangeland health, however, don't necessarily coincide. In the interests of the latter, the Forest Service reduced by almost 75 percent the number of cattle Laney could run, putting the Diamond-Bar Ranch, as the County Commission put it, at the point of financial ruin.
The commission blames environmentalists. "For the past 20 years, the U.S. Forest Service has been held hostage by extreme environmental groups, ... whereas ranchers are the actual stewards of the land and have been for generations." Local ranchers' herds have been reduced by 25,000 head in the last decade, the commission asserted.
That's about as skewed as the old environmentalist battle cry "cattle-free by ¹93." According to Forest Service officials, herds clear across the Gila have been cut from 25,737 to 17,135 -- a reduction of 8,602 in 10 years.
Many ranchers are the best stewards they know how to be of the rangelands that sustain their families. But public land is the business of the public. Public land managers have to listen to a public that includes environmentalists and make decisions in the interest of the land's long-term health. That doesn't make them hostages.
Tighter regulation was part of the ranching business that wasn't factored into Laney's plans. But when, instead of cutting his losses, he asserted a right to run cattle on public lands without a permit, without regulation, he moved outside the realm of bad business judgment to futile political statement.
That -- not environmentalists -- is why the feds rounded up his cows.

Permalink

NEWS ROUNDUP

Mine Project Is No Jewel for Tiffany & Co. When Tiffany & Co. takes out a newspaper advertisement, the famous jewelry store is usually spotlighting one of its upscale sparklers -- some really fine diamond drop earrings for $200,000, say. But Tiffany took the Bush administration and the mining industry by surprise yesterday with its advocacy ad in The Washington Post. Michael J. Kowalski, chairman of the board and chief executive of Tiffany & Co., took out the ad to publish an open letter to U.S. Forest Service chief Dale Bosworth, criticizing the planned Rock Creek copper and silver mining project in Montana as unsafe for the environment and wildlife. The Revett Silver Co. would tunnel under the Cabinet Mountains Wilderness in Kootenai National Forest. The Forest Service has "approved the Rock Creek project in concept despite vehement opposition by a coalition of local, regional and national conservation groups, along with local business representatives, public officials and ordinary citizens. The opponents fears are justified," Kowalski wrote in the ad. " . . . Other disputes of this nature . . . are too often settled in favor of developers because statutes and department regulations tilt that way." He called for an revision of the 1872 General Mining Act....NOTE: The ALRA put out an email alert on this topic today, but as of this evening it hasn't been posted to their website.... Forests OK road plans for grizzly habitat area Supervisors on the Kootenai, Idaho Panhandle and Lolo national forests have signed off on forest plan amendments to guide motorized access in the Cabinet-Yaak and Selkirk grizzly bear recovery areas. The changes are expected to provide greater flexibility for providing roadless habitat and managing roads in defined "bear management units." But environmental groups have been deeply critical of that flexibility and are likely to sue the forests.... Trespassers caught during lion hunt Authorities didn't bag any mountain lions in Sabino Canyon Wednesday, but they did nab two trespassers who they said were trying to dismantle lion traps. State and federal law enforcement officials said they apprehended two of three trespassers that they spotted on a ridgetop early Wednesday afternoon, about a mile up the canyon from the canyon visitors center. Authorities used binoculars to spot the trespassers, then went on foot with a helicopter pilot acting as a guide to find them.... DNR removes wolf from list of threatened animals The gray wolf, once hunted until it became but a rumor in Wisconsin's forests, was removed Wednesday from the state's list of threatened animals by the Natural Resources Board. The number of wolves in Wisconsin has climbed steadily under a recovery program overseen by the agency. The wolf did much of the work on its own after it was placed on both the state and federal endangered species lists. Animals, nearly wiped out by trapping and poisoning in the 1950s, started moving again into the state's protected wild lands, mostly from Minnesota. Recent population counts show their numbers at about 335.... Feds take another look at Preble's meadow jumping mouse The U.S. Fish and Wildlife Service will reassess whether the Preble's meadow jumping mouse should continue to receive federal protection, officials announced Wednesday. The mouse, found mostly along waterways and only in Colorado and Wyoming, was listed as threatened in 1998. Designation of critical habitat for the rodent has delayed construction of government buildings and housing projects, and restricted typical farm-and-ranch operations such as haying and weed control. The state of Wyoming filed a 110-page petition in December after scientists at the Denver Museum of Nature and Science determined that the jumping mouse is genetically indistinguishable from a common type of mouse found extensively in the western United States.... Fish go 'ping' in the deep Wildlife biologists on land do it. Now marine biologist Charles Greene is spearheading a plan to help marine scientists do it too. Dr. Greene and more than a dozen colleagues from across the United States are laying the groundwork for a multimillion-dollar observatory here to track whales, dolphins, tuna, marlin, sea turtles, and a vast menagerie of other open-ocean creatures as they ply the waters off the big island of Hawaii. The observatory would turn up to 500 cubic kilometers (119 cubic miles) of ocean into the world's largest aquarium and give scientists their most comprehensive peek yet into marine life.... Rounds plans to sue Corps over new Missouri River plan Gov. Mike Rounds wants the U.S. Army Corps of Engineers to do more than just promise to try to manage the Missouri River so that fish spawning in the river's reservoirs is protected during April and May each year. Rounds said Tuesday that the State of South Dakota will ask a federal judge to order the Corps to set specific targets and outline detailed steps regarding the reservoirs' fisheries in its new Missouri River master manual and annual operating plan.... Desert expansion for Army OK'd The Army can expand its tank-training center in the San Bernardino County desert if it sets aside land and installs other protective measures for the threatened desert tortoise and an endangered plant, federal wildlife officials said Wednesday. The long-awaited decision by the U.S. Fish and Wildlife Service is the latest in the 19 years of politically charged debate between the military and environmentalists over what became known as "tanks vs. tortoises." Because the tortoise and the Lane Mountain milk-vetch are listed on the federal endangered species list, the Army needed a ruling by the wildlife agency stating its expansion would not "jeopardize" the existence of the two species or "adversely modify" their habitat.... Editorial: Why promote U.S. parks only to cut key services? Last month, the federal government launched a campaign to woo visitors from home and abroad to the USA's 387 national parks. Officials saw the park promotion as a way to spark tourism, which has dropped by more than 13 million visits since 2001. Yet that same month, a National Park Service (NPS) official ordered parks in 12 Northeastern states to come up with service cuts to stay within a tight budget. While belt tightening is to be expected in an era of skyrocketing federal deficits, the suggestions could threaten some parks' most popular lures. Among the proposals: cutting lifeguards, eliminating guided ranger tours and closing on Sundays, a prime day for visitors.... Column: Parks are in good shape Each year, national parks welcome some 270 million visitors. They give the parks high marks — an approval rating of 96%. With strong funding and management support, the Bush administration is helping our parks maintain this outstanding record. Despite claims in a recent critical report by the National Parks Conservation Association, funding for our parks is at an all-time high. Since 1980, parks have benefited from a 121% increase in operations funding — not a reduction, as the report claims.... Column: Cost-cutting and spin at national parks Depending on whom you believe, the nation's parks are either victims of "willful neglect" on the part of the Bush administration, or National Park Service managers are squandering the generous funding bequeathed to the agency by Congress on unauthorized building projects and needless trips abroad. Whatever the case, internal agency e-mails suggest that budget shortfalls may lead to visitors’ being greeted by uncut grass, shuttered visitor centers and canceled guided ranger tours when they arrive at their favorite park this year, assuming that the place is open at all.... Groups That Exposed NPS Cover-Up of Park Cuts Say Bush Team "Dropped The Ball" on Nearly $100 Million, Possibly More in Park Funds The Bush Administration's Department of the Interior is demonstrating "deliberate disregard" in its management of the national parks by failing in recent years to seek at least $87.5 million and as much as $170 million from Congress to offset costs to the National Park Service (NPS) for natural disasters, mandated employee pay increases and homeland security burdens, according to the two groups - the nonpartisan Coalition of Concerned National Park Service Retirees and the nonprofit Campaign to Protect America's Lands (CPAL) - that made public on March 17, 2004, internal NPS memos urging park superintendents to make major park cuts and then to mislead the public and the news media about the cutbacks.... BLM pulls plug on selling acreage for oil, gas leases The Bureau of Land Management has suspended a controversial decision to auction off more than 45,000 acres of public land for oil and gas leases near Dinosaur National Monument in Colorado and Utah after environmental groups filed protests. A total of 55 leaseable parcels near the monument, which straddles the northwest corner of Colorado and the northeast tip of Utah, are on hold until BLM officials decide whether the protests are legitimate, said Dwayne Spencer, chief fluid mineral officer of the Colorado BLM. The BLM should issue its decision within a couple months, Spencer said.... Poison gas kills five bison in Yellowstone Five bison have died after being exposed to poison gas in a geyser basin in Yellowstone National Park. The dead animals were discovered March 10 in the Norris Geyser Basin. They probably had been dead about a week, the National Park Service announced Tuesday. The bison probably succumbed to a combination of hydrogen sulfide and carbon dioxide emitted by nearby thermal features.... No Happy Trail in Desert Tale A range war has broken out between environmentalists and off-road motorcyclists over an illegal 3-mile dirt trail that cuts through prehistoric burial grounds and runs past a cave believed to have been used by Native Americans. The motorcyclists say they are finding booby-traps on the foot-wide trail — piano wire stretched taut a few inches above the ground, roofing nails, and pipes camouflaged with brush — designed to topple motorcyclists who regard the Cottonwood Springs area of Juniper Flats as a scenic riding route. Environmentalists, led by members of a local residents group, Friends of Juniper Flats, have denied any responsibility for the alleged acts of sabotage. But they, and some former federal land managers, say motorcyclists have cut property fences, "burning trails" on private property, and trashed what they consider the culturally rich site designated as an "area of critical environmental concern" by the federal Bureau of Land Management.... Court allows Interior computers to go online; Trust account information at heart of recent trouble A federal appeals court in Washington, D.C., has issued a stay temporarily rescinding a court order that had resulted in the shutdown this week of hundreds of Department of Interior computers in Billings. Dan DuBray, spokesman for the department, said he is not sure when thousands of computers nationwide will be up and running again. Some have been shut down for more than a week, but the stay was issued late Wednesday.... Wyoming witness cut off at hearing Marjorie West's voice cracked as she described the damage that coalbed methane producers caused on her ranch on Spotted Horse Creek in the Powder River Basin, but her emotion did not change the minds of lawmakers at a Senate committee hearing Wednesday. Senate Environment and Public Works Committee Chairman James Inhofe, R-Okla., stopped her testimony as she was describing how the iron-rich water from a well that a coalbed methane producer drilled for her family gave them diarrhea and turned their clothes orange. West, unlike the other people called before the committee, is not an old hand at testifying before congressional panels and Inhofe was in no mood to indulge her.... Bush, Kerry, and green differences As George Bush and John Kerry circle each other warily in the early days of the presidential campaign, focusing mainly on war and economic recovery, there's another issue that could make the key difference in a close race. It's the environment. There are dramatic differences in tone and approach between the presumptive candidates here. As a result, the issue is more politically significant than it has been since former Interior Secretary James Watt's pyrotechnic presence early in the Reagan administration 20 years ago.... Indian groups speak out against Bush appeals court nominee Leading American Indian groups Wednesday strongly protested President Bush's nomination of William G. Myers III to the federal appeals court, contending the former Interior Department lawyer has shown disrespect for Indian lands and rights.... Baucus lacks key support on ban Oklahoma Republican James Inhofe won't support Max Baucus' effort to prohibit drilling in the Rocky Mountain Front. Inhofe, who is the chairman of the Senate Environment and Public Works Committee, and Baucus frequently work together, but they do not see eye-to-eye when it comes to the Rocky Mountain Front. On Wednesday, Inhofe held a hearing to examine the environmental impact of natural gas production. Although development of the Rocky Mountain Front did not come up, Inhofe and his aides were clear about where he stands on the issue.... Demos work toward success in West Some prominent former Democratic elected officials in the Rocky Mountain states and Alaska announced plans Wednesday to form a new group aimed at putting the region back in the Democratic column after several decades of Republican rule. Former U.S. Rep. Pat Williams, D-Mont., is one of 13 founding committee members of Democrats for the West, a group seeking to restore Democrats to power in the eight Rocky Mountain States and Alaska. The group, created with the support of state Democratic parties in the region, aims to unite Democrats across state lines, enhance state party efforts and share ideas and resources.... Animas-La Plata dam threatened A key senator threatened to cut funding for the Animas-La Plata dam in mid-construction if the federal agency building it can't contain costs. "I want to complete this project in a reasonable manner," Sen. Pete Domenici, R-N.M., said Wednesday. "But a reasonable manner doesn't mean these cost overruns - or else we'll stop this project in the middle." Domenici has been one of the biggest backers of the ALP dam, which would tap the free-flowing Animas River near Durango. But he says his patience has been tested by a 50 percent surge in costs reported last summer.... Guess who's coming to protest? A decade ago, Karl Rappold, whose family was ranching in Montana before it was a state, would sooner spit than call himself an environmentalist. Today he's still not about to join any greenie groups - but with gas drilling threatening to foul the crystalline waters that gush from the Rockies onto his spread, he is arm-in-arm with a coalition of ranchers and environmental groups that aim to stop the drilling. Whether he likes it or not, Mr. Rappold is part of the new face of the American environmental movement - millions of Americans who may not call themselves environmentalists or belong to big-name green groups, but who might just sport a "What Would Jesus Drive?" bumper sticker or battle a local toxic-waste dump. For example, the number of environmental organizations with more than $1 million in annual income fell by nearly half - from 280 to 151 - during the period from 1995 to 2003, the IRS says. Meanwhile, 4,247 smaller environmental groups (up to $1 million in income) were created - a 51 percent increase. "What we've seen is the growth in the environmental movement shifting away from large-scale national groups," says Robert Brulle, a Drexel University sociologist who tracks environmental groups through IRS data.... Wool contract raises ruckus A contract calling for berets made of 100 percent Australian wool for Iraqi security forces is unfair to American wool producers, Sen. Tom Daschle, D-S.D., said in a March 19 letter to President Bush. "The contract's parameters have put American producers at a distinct disadvantage by specifying that the berets be made of 100 percent Australian wool. Such preferential treatment is not only unfair but is a serious concern that deserves immediate attention," Daschle wrote.... Speller says he's pushing U.S. for wide open trade on cattle Agriculture Minister Bob Speller says his U.S. counterpart assured him Wednesday that a decision on resuming the live cattle trade will be based on science, not politics. But it's still unclear how long a decision will take. A public comment period on dropping the U.S. ban is due to end April 7 and American officials will have to review what they've received. "All indications are, in fact, that they should be able to reopen that border" when the review is finished, said Speller....

Permalink

DIAMOND BAR CATTLE COMPANY

I've just received a report that all the cattle, except three head, are gone. The remaining three head apparently are not Laney cattle. Four trucks were seen passing through Cuchillo, NM at about 8:30 this evening. My sources do not know where the cattle were shipped. There are still more cattle to be gathered....I don't have a count on how many are left.

Permalink

DIAMOND BAR CATTLE COMPANY

Rancher Accused Of Assault Denied Bond

A judge has again denied bond for a southern New Mexico rancher accused of assaulting federal officers who were helping to remove his cattle from public lands.

Kit Laney, 43, was arrested March 14 and charged with assault on a peace officer, obstruction of a court order and intimidation.

He was accused of trying to trample federal officers with his horse and trying to release some of his livestock.

Public defender Jane Greek for Laney had asked U.S. Magistrate Karen Molzen to release Laney to the custody of an Otero County man under the conditions that Laney wear an electronic monitor.

Federal prosecutors asked that bail be denied at least until all of the cattle are rounded up.

Last Tuesday, a judge denied bond for the rancher.

Greek says she will appeal the judge's decision to deny bail.


Catron commissioners jump into Laney dispute

Dana L. Bowley El Defensor Chieftain Editor

The Catron County Commission has weighed in on the Diamond Bar Ranch case on the side of owners Kit and Sherry Laney, charging that environmental groups are controlling the U.S. Forest Service and "slowly destroying our public lands."

In related developments: Clint Wellborn, District Attorney for the 7th Judicial District, has complained that to gain public support the Forest Service "intentionally misrepresented" a letter he sent to Catron County Sheriff Cliff Snyder about an aspect of the case; and Sherry Laney has asked the couple's supporters to "keep their protests and attitudes peaceful."

The Laneys and the Forest Service are involved in a decade-old dispute over grazing on the 146,000-acre Diamond Bar in the Gila and Aldo Leopold wilderness areas of southern Catron County. The Laneys claim ownership of the land and water rights based on claims of title dating to the late 1880s, before the Forest Service existed. The Forest Service claims the land and water rights belong to the government, and the Laneys need a permit to graze their cattle on the allotment — permits the Forest Service has denied them since 1996. Several court rulings have backed the Forest Service, but the Laneys have refused to remove their cattle from the land.

Two weeks ago, working under court order, the Forest Service started moving personnel onto the land to begin rounding up and confiscating the cattle. The Laneys had vowed not to interfere with the roundup or the Forest Service actions, instead continuing to press their claims in court. But on March 14, Kit Laney was arrested by Forest Service law enforcement officers after he allegedly charged them on horseback, hitting at least one worker and causing damage to the temporary holding pen.

Laney said he was responding to reports the cattle were being mistreated and wanted to check on their condition. He denied assaulting anyone. As of Monday, Laney remained in jail in Las Cruces, facing several charges.

The round up is expected to be completed this week.

The Catron commission's position was outlined in a press release issued Monday and authorized by all three commissioners. It is the first time commissioners have taken a public stance on the case.

In the release, the commission charged that the Forest Service had reneged on promises and written agreements with the Laneys, who, it said, had invested their life savings, inheritance and lives on a ranch that was largely dependent on the Forest Service grazing permit.

The release said the Forest Service reneged because of pressure from environmental groups.

The release quotes District 1 Commissioner Rufus Choate as saying, "For the past 20 years, the U.S. Forest Service has been held hostage by extreme environmental groups in the name of protection of the environment, whereas ranchers are the actual stewards of the land and have been for generations. These groups who claim to be champions of the environment are slowly destroying our public lands."

The release said more than 200,000 acres in the county have been destroyed by catastrophic wildfires, those with temperatures of 2,000 degrees and above, because environmental groups' lawsuits have prevent forest restoration projects.

It also claims that in the past 10 years, county ranchers have lost grazing rights for more than 25,000 head of cattle, costing the county more than $1 million a year in revenues.

"Environmentalists are trying to make our public lands one use only — their use," Commission Chairman Ed Wehrheim is quoted as saying. "The Catron County Commission feels that the Laneys and other Catron County ranchers are victims of this power struggle between environmental groups and the American public that has the right to use these lands.

"We are the true environmentalist's here," Wehrheim said. "We are here to protect the environment now and for generations to come."

The release said Catron County intends to take every legal means possible to defend multiple use of public land.

Meanwhile, in a strongly worded four-page letter to Forest Service Supervisor Marcia Andre in Silver City, Wellborn said he is "frustrated" that the Forest Service continues to portray the Feb. 5 letter he wrote to Snyder as "an opinion of the District Attorney."

Snyder had asked Wellborn, whose district includes Catron County, questions about the confiscation of the cattle and responsibility for enforcing state Livestock Board regulations regarding the inspection of cattle and brands before the cattle could be moved out of the county.

In his response, Wellborn told Snyder that the gathering of the cattle appeared to be being conducted pursuant to a valid federal court order. He also said the Attorney General's Office told him the Livestock Board was working with the Forest Service to assure compliance with the state cattle-inspection laws.

In that letter, Wellborn also cautioned Snyder against interfering with the execution of the court order because it could expose him to possible arrest by federal marshals.

In his letter to the Forest Service, dated March 11, Wellborn complained that the agency, without his permission or knowledge, was characterizing the Snyder letter as a formal opinion supporting the legality of the court order and Forest Service action, and had even posted it on the Forest Service Web site. He said the way the agency has portrayed the "opinion," it has implied he has reviewed the matter and consulted with the Forest Service.

Among his complaints to the agency, Wellborn said opinions by district attorneys do not carry any authority, such as one by an attorney general might, and that in any case he was not offering an opinion on the merits or legality of the case against the Laneys, only that the court order appeared to have been lawfully issued. Further, he said, the purpose of the letter to Snyder was to address the question of inspection of livestock, and was not intended as an opinion on any legal issues related to the case.

The Forest Service's use of the letter to Snyder, Wellborn wrote, was done "without my knowledge or consent. It is my belief that the Forest Service has intentionally misrepresented the nature and purpose of my letter in an effort to gain public support and justify their actions."

Wellborn went on to say that while he still would not comment on the merits of the case, "Since the Forest Service is interested in my official 'opinion,' I felt it necessary to clarify my position." He then proceeds to offer his opinions on the issues related to the inspection and transportation of the Laney cattle. Among them:

-- The Forest Service must obey New Mexico law regarding seizure, inspection and transportation of the cattle. That law includes inspection of brands before livestock is transported out of the county to protect owners from having the wrong animals taken.

-- That the Livestock Board is not required to assist in carrying out the court order or to enter into a memorandum of understanding with the Forest Service.

-- That the Livestock Board has improperly entered into a memorandum of understanding with the Forest Service by allowing the executive director to enter into the agreement without a vote of the full board taken in open meeting after taking public comment.

-- That the Livestock Board should be "very cautious about putting brand inspectors in a position where they have to rely on the credibility of the United States Forest Service. From my perspective, the Forest Service has very little credibility after the events that led me to write this letter."

Wellborn concludes that this letter should not be used "as authority or precedence regarding anything involved in this situation."

In another development, Sherry Laney has urged the couple's supporters to use only legal, peaceful means to protest the Forest Service action.

In a press release issued Saturday, while her husband sat in a Las Cruces jail, Sherry Laney said Forest Service personnel are claiming harassment by Laney supporters, including threats and efforts at intimidation.

"Neither Kit nor I will ever condone any threats or intimidating tactics made in our name," she said, suggesting those engaging in such activities might be opponents posing as supporters and trying to cause problems for the Laneys.

"People who believe in us, and believe in Kit, will keep their protests and attitudes peaceful," she said. "Anyone who refuses to do so is not acting in our behalf."

In the release, she defends her husband and says anyone who knows him knows he is not capable of the actions the Forest Service claims.

Permalink

NEWS ROUNDUP

Group has issue with road-closure neglect The Targhee National Forest has been accused of failing to enforce road closures to preserve grizzly bear habitat in eastern Idaho under the Endangered Species Act. The Greater Yellowstone Coalition put the U.S. Forest Service on notice this week that it will go to court if changes are not made in the bear management units near Island Park, Henrys Lake and the west slope of the Teton Range. The Forest Service rejected the charge. Targhee National Forest managers said 380 miles of roads in the area have been effectively closed with earthen berms and gates and grass and shrubs are growing on closed-off trails.... Bush admin. eases logging restrictions The Bush administration on Tuesday eased restrictions on logging old-growth forests in the Pacific Northwest, completing a rules change that will allow forest managers to begin logging without first looking for rare plants and animals. Instead, the U.S. Forest Service and the Bureau of Land Management will rely on information provided by Washington, Oregon and California to decide whether to allow logging, controlled forest fires, and trail- or campground-building, agency spokesman Rex Holloway said. The change was prompted by a timber industry lawsuit and is intended to increase logging on 24 million acres of public land.... Decision upheld on dams in Emigrant After three months of consideration, Regional Forester Jack Blackwell released his decision yesterday: Keep 11 rock-and-mortar check dams in the Emigrant Wilderness and allow seven to erode. The verdict upholds Stanislaus National Forest Supervisor Tom Quinn's identical decision, made in December.... Three forests join in plan to attack non-native weeds A draft plan to attack noxious weeds before they take over parts of northern Arizona’s national forests envisions treating weeds on 119,000 acres annually for as long as a decade. Forest officials estimate that non-native weeds have spread from fewer than 5,000 acres on the three forests in 1985 to more than 187,000 acres today, pushing out native plants as they multiply.... Cougar capture attempts expected to start today Arizona Game & Fish Department officials plan to begin laying cable snares and using tracking dogs in Sabino Canyon today in hopes of capturing mountain lions that may pose a threat to humans. Details had yet to be finalized for hiring a helicopter to lift the big cats out of the popular recreation area northeast of Tucson, potentially delaying the hunt in more remote areas, Game & Fish regional director Gerry Perry said during a news conference yesterday afternoon.... Governor holds up airlifting of lions Gov. Janet Napolitano delayed the airlift of Sabino Canyon mountain lions for at least a day when she refused Monday to allow state game officials to use a National Guard helicopter to take the lions, once captured, from the canyon to a rehabilitation center.... Wolves raise pack of concerns Outfitter Ray Heid knows the snowy mountains around his ranch may soon be home to wolves moving south from Wyoming. In this tiny town north of Steamboat Springs, these mountains are also where he makes his living, taking families on summer horseback trips through the sun- dappled aspen and guiding hunters into the Mount Zirkel Wilderness each fall. So, like many Western Slope residents, Heid is uneasy that old foes are once more close at hand and that state officials are only now asking for advice on how to manage them.... Colorado Takes On The Wolf Debate Wolves would likely consider Rocky Mountain National Park a little bit of heaven, though not for the quite the same reason tourists do. The elk population in the park and the entire Estes Valley has exploded. Imagine Rocky Mountain National Park without its trademark aspen trees. Imagine aspen forests turned into tree-less meadows. That is what the constantly foraging elk are doing to the park. The park is considering a variety of methods to reduce the elk population -- including the reintroduction of wolves. The state of Colorado is about to start holding public meetings as it tries to draft a statewide management plan for wolves.... Column: Listen to the birds Today, birds are warning us once again, only on a much larger scale. A recent report from the conservation group Birdlife International has found that one in eight of the world's bird species is facing extinction and one-third are at risk. It's the first time that one paper has brought together status reports of bird populations worldwide for a true global analysis. The findings are pretty grim. More than 1,200 bird species face extinction, with some 200 on the critical list.... River plan violates Endangered Species Act, Interior claims The new plan for operating the Missouri River does not comply with the Endangered Species Act, the U.S. Department of the Interior said in a letter released Tuesday. The letter is significant because an Interior Department agency -- the Fish and Wildlife Service -- must sign off on river operations. The Fish and Wildlife Service is working with the U.S. Army Corps of Engineers to put the new plan in place. In finalizing its new Missouri River guidebook, the corps said Friday it won't create a more seasonal ebb and flow to sustain fish and birds, as the wildlife service previously ordered.... Political Shades of Green Clash The bitter wrangle over immigration now threatening to topple the leadership of the Sierra Club has exposed a rift in the nation's environmental movement itself and placed prominent conservationists, including Robert F. Kennedy Jr. and former U.S. Sen. Gaylord Nelson, a founder of Earth Day, in opposing camps. At the dawn of the modern environmental movement four decades ago, conservationists widely embraced the goal of global population control. They still do. But as they confront the prospect of a 50% increase in the U.S. population by mid-century — mostly composed of immigrants and their children — they are bitterly divided over whether to call for immigration restrictions.... Agencies Sign Agreements to Continue Species Protection The departments of Agriculture, Interior and Commerce announced they have signed agreements to implement new regulations announced in December that will expedite fuels reduction and other forest health projects while ensuring the protection of threatened and endangered species. Under the Endangered Species Act, federal agencies are required to consult with either Interior's U.S. Fish and Wildlife Service or Commerce's NOAA Fisheries whenever they authorize, fund or carry out an action that may adversely affect a listed species or its designated habitat. The new regulations will improve the process by allowing trained biologists within these federal agencies to make the initial determination of whether there is likely to be an adverse effect.... Scientists testing national park snow for pollution Like little kids saving for summer, scientists are packing blocks of snow from national parks throughout the West into freezers to test it for pollution. The National Park Service began the study two years ago and is scheduled to conclude it in 2007. The goal is determining whether airborne pollutants have fouled national treasures that many people believe are unspoiled. "It's really sort of a mystery we're trying to solve," said Dixon Landers, the lead scientist in a multidisciplinary research team working on the Western Airborne Contaminants Assessment Project.... Appeals filed over Phoenix Mine Great Basin Mine Watch and Western Shoshone Defense Project are appealing the U.S. Bureau of Land Management's approval of Newmont Mining Corp.'s Phoenix gold and copper mining project. The two environmental organizations are asking BLM's state director, Bob Abbey, to put the Battle Mountain project on hold and to review the agency's decision approving Phoenix.... Feinstein Opposes Nominee Sen. Dianne Feinstein (D-Calif.), a pivotal member of the Senate Judiciary Committee, disclosed Tuesday that she would vote against President Bush's choice of William G. Myers III for a seat on the U.S. 9th Circuit Court of Appeals — a move likely to trigger a filibuster of the nomination. Howard Gantman, an aide to Feinstein, said the senator reached her decision after thoroughly reviewing Myers' record as a lawyer representing mining and cattle interests. Environmental organizations have led opposition to Myers, saying his record includes numerous attacks on federal environmental laws.... Editorial: No Pal of the Environment In nominating William G. Myers III for the 9th Circuit Court of Appeal, President Bush is seeking to elevate a lawyer who has worked vigorously for private firms in opposing environmental protection. That alone should give pause. But there's more. Federal judges should have all the facts before passing judgment. During two years as the chief lawyer in Bush's Interior Department, Myers prodded two congressmen to draft a special-interest bill that would have given away to a private firm federal land near Sacramento worth hundreds of millions of dollars. This was at a time when Myers' job was to safeguard federal resources for the public. Instead, guided by knee-jerk property-rights views, he eagerly championed the company's claim that it owned the eight acres. The deal collapsed only when Interior agents in the Folsom office produced readily available documents conclusively proving that the government owned the land, embarrassing the department into pulling its support for the company's legislation.... State Sponsored Cattle Rustling: BLM Targets Two More NV Counties Several ranchers have been notified that the Bureau of Land Management (BLM) and/or the National Park Service (NPS) may again try to impound cattle from Nevada ranges. The cattle are running at large upon historic open range ranches of Nevada or lands claimed by the Western Shoshone Indians under the Ruby Valley Treaty. Earlier this month the BLM was on the radio and in the regional press announcing their intentions. Impoundment Notices have also been posted in local newspapers and post offices....High court ruling in Everglades case pleases both sides Water managers eventually might have to get costly federal permits for their pumps that pollute the Everglades -- but not just yet, the U.S. Supreme Court ruled Tuesday. In an 8-1 decision that left both sides claiming victory, the justices said a federal judge in Fort Lauderdale acted too hastily when he ordered the South Florida Water Management District to seek permits for pumps in western Broward County. But the Supreme Court also rejected one of the district's prime legal arguments -- that its pumps cannot be blamed for moving water that's already polluted. That caused environmentalists and the Miccosukee Indian tribe to predict they'll win when the case returns to a South Florida courtroom for further argument.... Grass roots force hearing on U.N. treaty The highly controversial United Nations Law of the Sea Treaty, which was on a fast track toward ratification by the U.S. Senate, has been temporarily checked though not derailed. In response to a groundswell of well-informed opposition both on Capitol Hill and from the grass roots, a hearing on the LOST (Treaty Doc. 103-39) is scheduled for today before the Senate Environment and Public Works Committee. Chairman Sen. James Inhofe, R-Okla., who heads the 19-member committee, says there's an obligation to ensure the treaty "does not adversely affect the sovereignty of the United States," and advises taking time to "slow down and take a critical evaluation of this Convention that deals with the Outer Continental Shelf, which is in the jurisdiction of this Committee.".... Lake Hattie at low levels Water levels at Lake Hattie, a popular recreation reservoir, have fallen 31 feet in the past five years. The lake was 74 feet deep in 1999, but by last October, it was 43 feet, according to state measurements. "It's sad," said Mike Hickerson, who owns a small home near the lake. "This is a natural beauty that we are just letting go to a pond. It's like a mud puddle." Officials say drought is to blame and that Lake Hattie's low priority water rights make it difficult to allocate more water from the Laramie River.... Battle Grows over Naming Places of Origin for What Americans Eat Country-of-origin labeling, or COOL, sounds simple enough: Tell consumers where the food comes from and then let them choose. People consistently say they'd be willing to pay more for a U.S. product. Trouble is, nobody's sure how much more. And with millions -- possibly billions -- of dollars in added labeling, record-keeping and processing costs, some sectors in the nation's sprawling food industry don't want to take the chance. "It could well prove to be a very expensive gamble," said Matt Brockman, executive vice president of the Texas and Southwestern Cattle Raisers Association, which supports a voluntary labeling program.... Cloud-seeding permit approved: License for weather-modification program to expire in 2008 When the storm clouds gather, Panhandle Groundwater Conservation District will be seeding them. The Texas Department of Licensing and Regulation approved a permit granting the water district authority to continue its weather-modification program for the next four years. The permit will expire March 13, 2008.... Judge sides with Tyson Foods to reject $1.28 billion award Tyson Foods, the world's largest meat processor, persuaded a federal judge to deny $1.28 billion in damages a jury awarded to more than 35,000 cattle ranchers after finding they were victims of price manipulation. U.S. District Judge Lyle Strom, who presided at last month's trial in Montgomery, Ala., yesterday rejected the jurors' award, saying the amount was "overstated" because it reflected potential damages for all ranchers who sold cattle between 1994 and 2002, not just ranchers in the suit.... Squirrel shooters spurn Humane Society protest More than a hundred farmers, ranchers, hunters and shooting enthusiasts turned out last weekend for the 13th annual Surprise Valley Squirrel Roundup, despite a protest from the Humane Society chapter in Redding. A letter from the Humane Society said the event that centers on shooting of ground squirrels in fields and pastures is not only distasteful, but may violate California law....

Permalink

DIAMOND BAR CATTLE COMPANY

Sherry Farr asks supporters not to harass officials

In an e-mail received by the Daily Press, Sherry (Laney) Farr is asking those who support her and Kit Laney in the issue of impoundment of their cattle on the Diamond Bar Ranch not to harass U.S. Forest Service personnel.

"It has come to my attention that various USFS personnel are making claims of harassment against people who may be supporting us in our battle with the USFS over the legality of the impoundment of our cattle," Farr wrote. "Neither Kit nor I will ever condone any threats or intimidating tactics made in our name. Anyone who is capable of committing such atrocities is likely only trying to make us look bad and make an already bad situation much worse. These people should see the inside of a courtroom."

Farr, who was recently divorced from Laney, but still resides at the Diamond Bar Ranch, said: "People who believe in us, and believe in Kit, will keep their protests and attitudes peaceful. Anyone who refuses to do so is not acting in our behalf and is not concerned with our well-being. We believe anyone committing crimes in this manner would have done so regardless of our situation and should be punished accordingly."

Kit Laney, who was arrested March 14 after a confrontation with federal officers near where the cattle were impounded, is being held without bond at Doa Ana Detention Center in Las Cruces.

He is accused of threatening to trample federal officers with his horse, and trying to release some of his livestock, according to Forest Service personnel.

Laney was charged with assault on a peace officer, obstruction of a court order and intimidation.

Laney is scheduled to be back in court Wednesday at 1:30 p.m., in Las Cruces for another arraignment/pre-trial hearing, according to Farr.

"Kit remains in jail on allegations that he committed a serious crime, a crime that our legitimate supporters and friends do not believe he is capable of committing," Farr wrote. "Kit told me his story and there is no reason for me to believe the allegations made against him.

"To behave as Kit is said to have done would have required almost superhuman strength," she wrote. "In my mind, the story the USFS witnesses are telling is simply not humanly possible.

"We are not in any way condoning the USFS actions as they continue to gather and inflict damage to our cattle. Nor do we appreciate the agency's false portrayal of Kit as having the potential to be violent. This continual defamation of Kit's character, even after the claims were proven false, was used to inflame the law enforcement officers involved in the impoundment and directly contributed to Kit's violent arrest and the charges against him.

"We feel confident that Kit will be exonerated of these charges," Farr wrote. "We feel confident that he will be freed from jail as soon as he finally receives a full arraignment hearing. He is doing well, and in as high spirits as can be expected."

The Forest Service personnel have said the cattle are being well cared for.

A notice of livestock sale legal advertisement is being placed by the Forest Service in today's Daily Press. It lists the number of cattle rounded up.

Cattle with the Diamond Bar Cattle Co. brand include 16 bulls, 82 cows, 45 steers, 59 heifers, nine steer calves, three heifer calves and two bull calves. Those with the Kit Laney brand include three cows, while those with the Sherry (Laney) Farr brand are five bulls, 10 cows two steers and three heifers.

Unbranded cattle include four heifer calves and eight bull calves.

According to the legal notice: "Livestock may be redeemed at any time before the date set for sale (five days from publication of notice) by submitting proof of ownership and paying for all expenses incurred by the United States Forest Service in gathering, hauling, impounding and feeding such livestock.

"In addition, livestock shall not be placed back on lands of the United States Forest Service (including but not limited to the Gila National Forest, the Apache National Forest, the Laney allotment and the Diamond Bar allotment) in the absence of a valid permit from the United States Forest Service," according to the legal notice.

Andrea Martinez, Forest Service spokeswoman, said this morning that 75 to 80 percent of the cattle have been rounded up.

"The estimate is that 305 to 310 have been gathered," Martinez said. "We expect the contractor will gather about 90 percent of the cattle, while the remaining cattle will be gathered and impounded by Forest Service personnel. We feel we have between 50 and 100 more to impound.

"The largest group we've gathered came out of the East Fork of the Gila River," she said.

Martinez said the rest of the cattle will be rounded up from the farthest reaches of the allotment.

Martinez also said the Forest Service is "not sharing the information" on where the sale of the cattle will be held.

According to the legal notice, "arrangements for redemption of livestock should be made with the Wilderness District Ranger, Annette Chavez, at (505) 536-2250."

Commission criticizes Forest Service for actions against rancher

The Catron County Commission is publicly criticizing the U.S. Forest Service and environmentalists, and the commission is supporting ranchers.

The commission says environmental groups have held the Forest Service hostage.

Gila National Forest Supervisor Marcia Andre disputes that view, and she says most ranchers who hold Forest Service permits are “quality land stewards.”

Andre says the worst thing that could happen to the forest would be for ranchers to go out of business.

The commission weighed in on the issue because of the ongoing situation with Diamond Bar rancher Kit Laney. He was arrested March 14th after a confrontation with federal officers.

Laney is accused of trying to release some of his livestock during a roundup to remove his cattle from the Gila National Forest.


March 22, 2004

NOTICE OF CLAIM AND NOTICE OF FRAUD

NOTICE is hereby given to any and all who may have a purported “interest” in or desire to purchase livestock specifically identified with certain brands as follows:

KIT SS 7Y- NOTE: Three of the brands didn't copy over, including the Diamond Bar.



Said livestock are the property of Kit and Sherry Laney and a perfected security interest in the form of a UCC-1 financing statement is in force and effect. In the event that you decide to purchase these stolen cattle, you risk the event of not only losing your money, but the cattle as well. The UCC filing is under the seal and stamp of the New Mexico Secretary of State’s office at filing number(s): 20030341986H filed at 8:00 a.m. on September 22, 2003, and filing number 20030341985G filed moments later.

Said secured party in this matter is a 5-fold ministry dedicated to the preservation of the western way of life in America. Secured Party Services is administered by one Samuel Lynn: Davis and as the Secured Party in this matter has a priority claim on the confiscated cattle.

Let all to whom these presents come take NOTICE:

NOTICE OF FRAUD is hereby given that attempts by person or persons unknown are being made to sell said property without compensation to the Secured Party as well as attempting to bargain, sell, convey, and transfer, without full disclosure to a prospective buyer, and further, said attempt to sell these cattle aforementioned is in violation of New Mexico law and a civil conspiracy between the agency’s and agents of the Federal Government known as the corporation of the United States of America in concert with the STATE OF NEW MEXICO and its agents as well as others as yet unknown.

BUYER BEWARE!

Dated this 22nd day of March, 2004.


Samuel Lynn: Davis
/s/
Samuel Lynn: Davis

One, Samuel Lynn: Davis, living, breathing, man, hereby certifies on my own unlimited commercial liability, that the information above is the truth, the whole truth, and nothing but the truth to the best of my personal knowledge and belief, so help me God, the Author of all Truth. Amen

Samuel Lynn: Davis /s/

Permalink

NEWS ROUNDUP

Agency to Reconsider Protection of Bird The U.S. Fish and Wildlife Service said Monday it will reconsider its protection of the western snowy plover, a nesting shorebird whose status as a federally threatened species has forced beach closings each spring and summer from southern Washington to southern Baja. The bird was listed under the federal Endangered Species Act in 1993, but a recent lawsuit and petitions contend it is genetically identical to inland populations. Populations must be threatened and a distinct species to qualify for protection. The agency said the argument against protecting the plovers is based primarily on an unpublished 2001 master's thesis that showed no significant genetic difference between the coastal and inland populations. The original threatened designation was based on the fact the populations breed in different locations.... Lawmakers vote to put Colorado back in the presidential horse race Frustrated after being left behind in this year's presidential races, a Senate committee voted Monday to make Colorado's presidential caucus the second in the nation four years from now. Lawmakers said they expect other states to join Colorado as they clamor for attention and move to front-load the presidential selection process. Sen. Doug Lamborn, R-Colorado Springs, said none of the candidates has addressed issues important to the West this year, such as management of public lands, protection of endangered species and water. "Those issues are not even on their radar screens," Lamborn told his colleagues.... A Mountain Railroad Spells Death for Grizzlies and Cubs Every day, trains climb a steep mountain corridor between the southern boundary of Glacier National Park and the northern boundary of the Great Bear Wilderness. The corridor is at the heart of the continent's wildest landscape, and it is prime bear habitat. In some 24-hour periods, up to 42 milelong trains use the line. Every once in a while, a grizzly runs or wanders onto the tracks and is hit by a locomotive. The threat to the grizzlies has fueled a dispute between the railroad, which says it has done all it can to protect the bears, and some wildlife experts, who say it should try harder. At least 32 bears, including 9 cubs, have been killed by trains since 1980. Three died last year.... Climate Debate Gets Its Icon: Mt. Kilimanjaro Campaigners from Greenpeace, the environmental group, scaled the mountain in November 2002 and held a news conference via satellite with reporters at climate-treaty talks in Morocco. Last October, Senator John McCain, the Arizona Republican who is co-author of a bill to curb greenhouse gases, displayed before-and-after photographs of Kilimanjaro during a Senate debate. A British scientist proposed hanging white fabric over the glacier's ragged 10-story-tall edges to block sunlight and stem the erosion. But now the pendulum has swung. This month, the mountain was taken up as a symbol of eco-alarmism by a cluster of scientists and anti-regulation groups. "Snow Fooling!: Mount Kilimanjaro's glacier retreat is not related to global warming," read a newsletter distributed on March 9 by the Greening Earth Society, a private group financed by industries dealing in fossil fuels, the dominant source of the heat-trapping gases. "Media and scientists blame human activity, but a 120-year-old natural climate shift is the cause.".... Column: Alabama has become the site of the largest extinction in United States Sixty-one percent of the nation's mussels live in Alabama. As we're blessed with more waterways than any other state, I guess that's not surprising. Further, more than 40 percent of the nation's snails live in Alabama. More than 350 species of mussels and snails (freshwater) are found in Alabama. So where is this leading? Alabama is the global hotspot for hundreds of aquatic animals. Consequently, as Alabama has progressed, we have become the site of the largest extinction in the history of the United States. According to Paul Hartfield, endangered species biologist for the U.S. Fish and Wildlife Service, we have that lethal distinction because of our incessant practice of damming rivers. In the past few years, nearly 50 snail and mussel species were lost.... Column: The Siege of the Sierra Club In 1998, anti-immigrant activists forced the Sierra Club to put a referendum on immigration on the annual membership ballot. Having been blamed for every other sin under the sun, immigrants were now to be scapegoated for our environmental problems as well. By the time the Club's membership had voted the measure down, a lot of participants were embittered, and the environmental movement was tarnished in the eyes of many onlookers. The 1990s saw the rise of the environmental justice movement, which did address environmental racism -- just who gets poisoned by dumps and incinerators, among other things -- but the mainstream environmental movement is not always so good at the racial politics that lurk within its own priorities and assumptions. Still, this is a long way from the politics of the anti-immigration activists attempting an openly hostile takeover of the Club, with three candidates for the March board elections looking to form a majority with some of the more dubious current board members, and various outside organizations -- some clearly racist and white-supremacist -- encouraging their members to join the Club and sway the vote. "Without a doubt, the Sierra Club is the subject of a hostile takeover attempt by forces allied with ... a variety of right-wing extremists," said the Southern Poverty Law Center in a warning letter. "They hope to use the credibility of the Club as a cover to advance their own extremist views.".... Truth must be ultimate weapon for Sierra Club Mark Twain said, "A lie can travel halfway round the world while the truth is putting on its shoes." It's astonishing how the media have been stampeded into a feeding frenzy by mostly one-sided stories charging that an army of racist, anti-immigrant, animal-loving vegetarians is about to take over the venerable Sierra Club. As a 35-year member of the club, I am pained to see such distortion. In recent years, the environmental movement has lacked courage to address the root cause of most environmental problems: rapid and apparently endless U.S. population growth. With our high levels of consumption, we Americans are stealing the resources of the world from other species, other peoples and future generations.... Beluga deaths may imperil Cook Inlet subsistence hunt Biologists say so many beluga whales died last year in upper Cook Inlet that Alaska Natives should forgo a subsistence hunt next summer. But representatives of two Cook Inlet Native whale hunting organizations said they have misgivings about suspending the small annual hunt only four years after it resumed.... Park Service jet-setters grounded The National Park Service wants to cut park hours and visitor services to save scarce funding, yet has spent nearly $100 million on travel, including foreign junkets to China, Japan, Africa, France and Russia since 2002. Globe-trotting employees held meetings, attended conferences and gave presentations during their trips, but the practice has angered lawmakers, who say they are pulling the plug on the agency's travel program.... Another 50 bison sent to slaughter The last 50 bison captured in Yellowstone National Park have been shipped to slaughter, spokeswoman Cheryl Matthews said Monday. That work was completed Friday and brought the total number of dead bison this winter up to 264. No more bison were captured over the weekend. The National Park Service is holding another 198 animals that have tested negative for exposure to brucellosis. Those bison will be kept until there is enough green grass inside the park to keep them from wandering toward private land to the north.... Feds swat at West Nile in court The federal government is taking a legal swat at the mosquito-transmitted West Nile Virus. But so far coalbed methane gas drillers are not required to take any swats in the fields where they're constructing hundreds of new ponds -- potential breeding pads for mosquitoes. U.S. Department of Justice attorneys defending the Wyoming Bureau of Land Management's plan for coalbed methane development in the Powder River Basin are expected to fight against a motion to add West Nile Virus to a long list of alleged legal deficiencies in the plan.... Ruling upholds claims of Western Shoshone elders A commission dedicated to human rights has issued a favorable ruling in the case of two American Indian elders who have waged a decades-long battle against the United State’s government over treaty rights. Problem is, the ruling has no legal authority in America. Western Shoshone sisters Mary and Carrie Dann are horse ranchers in Nevada. In the early 1970’s, the Bureau of Land Management hit them up for grazing fees and permits. The Dann sisters argued that they are exempt because they are on Western Shoshone territory. The following year they were sued for trespassing.... Anglers fed up with landowners blocking access to rivers in Madison County Anglers fed up with landowners who fence off access to rivers in Madison County said Monday they were equally miffed that county commissioners haven't taken action to enforce Montana's stream access law. More than a dozen members of the Public Lands/Water Access Association said wealthy landowners are using the guise of keeping livestock on their land to block the public from accessing rivers. They brought photos of multiple strands of barbed wire and electric fencing attached to the guardrails of bridges on county roads over the Ruby River, and fences that were painted orange and posted no trespassing within the public right of way.... Politician seeks probe of nuclear plant A Colorado congressman has asked the Environmental Protection Agency to respond to claims that environmental crimes at the former Rocky Flats nuclear weapons plant were covered up by the Justice Department. The claims are raised in a new book co-written by the foreman of a grand jury that investigated activities at the site in the late 1980s and early 1990s.... Water crisis warnings date to the 1970s Idaho leaders took less than a week to begin paying a water bill the state has largely ignored for 25 years. Warnings in the 1970s didn´t stop Idaho farmers until 1992 from continuing to sink new wells into the Eastern Snake River Plain Aquifer, a 10,000-square-mile underground reservoir running from Ashton to King Hill. The wells were used to turn desert into potato fields.... Beef industry split over allowing Canadian cattle imports The U.S. beef industry is split over a proposal to let young cattle and beef products from Canada into the United States less than one year after an animal in Alberta tested positive for mad cow disease. Cattle raisers say that allowing Canadian cattle into the country would drive prices down and raise the risk that new cases of mad cow disease could occur in the United States. But feedlot operators, who prepare cattle for slaughter and packaging, say it is time to merge all the markets in North America. Mexico still exports live cattle to the United States, and some U.S. beef and cattle are exported to Mexico and Canada. The dispute stems from a proposal by the U.S. Agriculture Department to list Canada as a "minimum risk region" for bovine spongiform encephalopathy, or mad cow disease, a brain-destroying illness.... High noon for Hollywood cowboys The western, killed off in the 1980s by expensive flops such as Heaven’s Gate, which bankrupted United Artists in 1980, is back. A decade after the cowboy film was briefly revived with Oscars for Unforgiven, Clint Eastwood’s revisionist version of the old west, it is high noon in Hollywood, with a rush of epic tales. Some big guns in moviemaking think the western myth — morality tales of brave men cherishing honour in the vast empty spaces of a promised land — may be a necessary, and financially rewarding, antidote to the relentless news of terrorism and conflict. Eastwood is returning with The Last Ride West. Brad Pitt is to play Jesse James in a film that tells of the outlaw’s life through the eyes of Robert Ford, the assassin who shot him in the back....

Permalink

DIAMOND BAR CATTLE COMPANY

PRESS RELEASE
Lif Strand (505) 773-4897 lif@catroncounty.org
FOR IMMEDIATE RELEASE

CATRON COUNTY COMMISSION SAYS ENVIRONMENTALISTS RESPONSIBLE FOR DIAMOND BAR FIGHT

March 22, 2004 RESERVE, NM - In the wake of the arrest of Kit Laney of the Diamond Bar Ranch, the Catron County Commission has chosen to speak out for the first time on the actions of the U.S. Forest Service and the effects of those actions upon the county at large.

The history of the Laney situation provides a key to understanding Catron County's position. Kit and Sherry Laney invested their life savings, their inheritance and lives on a cattle ranch that was largely dependent upon a U.S. Forest Service grazing permit. Originally the Forest Service made promises, commitments and agreements in writing with the Laneys, who would not have invested in the Diamond Bar without those commitments. Due to pressures brought to bear on the USFS by environmental groups, the Forest Service later reneged on those promises, reducing cattle numbers on the Diamond Bar to the point of financially ruining the Laneys.

In the past 10 years Catron County ranchers have lost grazing rights for over 25,000 head of cattle, causing the county to lose over one million dollars per year in revenues. This, combined with the virtual extermination of any forest thinning has devastated Catron County, causing not only financial ruin, but loss of custom and cultures.

"For the past 20 years the U.S. Forest Service has been held hostage by extreme environmental groups in the name of protection of the environment, whereas ranchers are the actual stewards of the land and have been for generations," said Rufus Choate, commissioner for District 1. "These groups who claim to be champions of the environment are slowly destroying our public lands."

In the past two years alone well over 200,000 acres have been destroyed by catastrophic wildfires in Catron County. These fires, with temperatures of over 2000° F, sterilize the soil, destroy habitat for wildlife and endangered species, pollute streams and watersheds, and take a century to come back. Fires have reached catastrophic proportions because environmentalists have halted forest restoration work in Catron County, filing lawsuits against the very forest restoration programs that would save the forests.

"Environmentalist are trying to make our public lands one use only ­ their use," said Ed Wehrheim, chairman of the commission. "The Catron County Commission feels that the Laneys and other Catron County ranchers are victims of this power struggle between environmental groups and the American public that has the right to use these lands. "

Catron County intends to take every legal means possible to defend multiple use of public lands.

"We are the true environmentalist here," Wehrheim said. "We are here to protect the environment now and for generations to come."

###

Lif Strand
for Catron County Commission
(505) 773-4897
lif@catroncounty.org

Letter to the Editor March 18, 2004

KIT LANEY VS. USFS

Having been present at the arraignment hearing for rancher Kit Laney on March 16, prompts me to focus on some important points in this lengthy legal battle, missed by the press.

USFS Special Agent Douglas Charles Roe, who testified against rancher Kit Laney, stated that he was hired by the USFS in November 2003 and was assigned as case agent on the Diamond Bar Ranch. He also stated that he had never spoken to Kit Laney and when asked if he knew the history of this case, Roe said he had been given the 1996 court case to read. Roe also testified that he had never been in the area where the alleged assault happened. In court, he used three photographs which depict the area, but these were sent to him via email. Clearly said, he was not present when the alleged assault took place. Everything he knew about it was told to him by USFS LEOs (United States Forest Service Law Enforcement Officers) Christopher Boehm, DeWayne Ross, and Patrol Captain Mike Reamer. Listening to some of Roe's phrases like; "I can't tell you right now, I think it was officer Reamer..." made eveyone present wonder about the legitimacy of his testimony.

According to Webster's dictionary a witness is; "someone who has personal knowledge or direct cognizance: see for oneself." On more than one occasion, Jane Greek, a federal public defender, who represented Kit Laney in the absence of his attorney, objected to what sounded like an embellished tale by Roe. Twice, U.S. Magistrate Judge Karen Molzen asked Roe; "How do you know that?"

When Jane Greek asked that Kit Laney's attorney, who was on stand-by, be heard via telephone conference call, U.S. Attorney John Crews acting on behalf of the USFS stated that this is against the law. Really? What about bringing someone into court as a witness who was not present, did not see anything, and did not hear anything? Isn't that against the law? During a recess, I learned that USFS LEOs can be witnesses based on hearsay evidence. Interesting. You are the average Joe, have been on the job for only four months, are armed with (according to Roe's testimony) a Glock pistol, a rifle, extra ammo, a baton, pepper spray, and other necessary law enforcement items, you have no clue as to the legal circumstances of this 18 year long case, yet you feel entirely confidant and are allowed to testify in Federal Court.

This is without a doubt a travesty of justice. Not just the most recent alleged assault charge, but the entire legal history of the Diamond Bar Ranch.

The incredible recent actions by the USFS need to be made public. Private landowners within the Gila National Forest are requested to have a permit issued by the USFS to go to their private homes on private land. I have been repeatedly denied a permit to visit my friends who live in that area. A week ago, I was denied access to the Gila National Forest, in spite of me stating to the Public Information Officer, that I have been taking European visitors to the area for many years and want to do so at this time. Even the County Sheriff was recently challenged by a USFS Ranger to get a permit in order to go into the Gila National Forest , which is public land.

It is high time that we rein in these runaway government agencies who appoint themselves lords of the land and at the same time judge, jury, and executioner. I have not yet been able to find a congressional mandate for the USFS to have law enforcement authority.

Unbeknownst to most people, this case started on a cool September evening in 1986. At the time I was staying at the Diamond Bar Ranch headquarters in Black Canyon. The USFS had just informed the Laneys that Road 61 would be closed. It was Kit Laney who asked us to stay calm about the whole situation and to work it out within the given legal framework. Therefore, people put together a petition, which in turn was presented to the USFS and the road stayed open. It was four years ago that I witnessed the hospitality extended to USFS personnel by the Laneys. The USFS was working on a land survey near Black Canyon. It was a hot summer day when two USFS employees were invited in for lemonade and ice tea. I sat at the table with them. In 18 years time, Kit Laney had ample opportunity to "get into it" with USFS personnel, yet he always stayed respectful.

Based on doing business with Kit Laney I know that his number one concern is the welfare of his cattle, especially his calves. A few days ago, a neighboring rancher who lives within a short distance of the corrals, set up by the USFS on the Diamond Bar allotment, told the Laneys of the endless bawling of corraled mother cows. Kit suspected that newborn calves had been separated from their mothers and he went to check on his cattle, which then led to his arrest on Sunday March 14. The contractor hired by the USFS is only getting paid for every cow he rounds up. Without a doubt, newborn calves that are unable to walk long distances in the rough terrain of the Gila, are left behind.

So Kit is a superb cowman - what about Kit, the person? In 1999, my daughter at the age of 13 asked to go and ride, work cattle, and camp out with him, I did not hesitate for one moment to let her go because you cannot find a more decent, caring, and honest man than Kit Laney.

Then why, you wonder, is one of the leading NM newspapers headlines screaming: "Jail, no bail, for rancher?" Kit Laney was denied bail on Monday March 16 by U.S. Magistrate Judge Karen Molzen because he is not a murderer, a rapist, nor a drug dealer. Kit Laney, who up to this point had an unblemished record, was in court on one count of assault and had no witness, since Mr. Bojangles (his horse) does not talk. In court, Kit did not speak on his behalf and was faced with a fake government witness. Therefore, everyone present, including the judge, heard only one side of the story.

Our courts will set bond for any hardcore criminal, yet will not set bond for the honest man who bucks, rightfully so, the illegal intrusion by the Federal Government.

Monika Helbling, PO Box 634, Pie Town NM 87827, 505 772 2550, rabbitbrushranch@yahoo.com

Rancher requests Greenlee's help

By John Kamin, assistant editor

Martinez and Hickey ranches owner Dan Martinez and his legal adviser, Wray Schildnecht, asked the Greenlee County Board of Supervisors to help him uphold state law on March 16.

Martinez gave a presentation to explain his position in a debate with the U.S. Forest Service over who really owns portions of the two properties. He owns the Martinez and Hickey ranches and grazes on the allotments. The U.S. Forest Service's grazing allotment fees and reductions in the number of cattle allowed on the allotment are part of the reason for the debate.

"If the Forest Service wants to impound my cattle and charge me with trespassing, they must follow the laws of the state," Martinez said. "They have to go to state court for that."

In February, Schildnecht told the Courier that Martinez "filed a Constructive Notice to the Forest Service, giving them notice that he owned the vested-fee interest and that it is private property under the jurisdiction of the state of Arizona."

A situation similar to the cattle removal with Kit and Sherry Laney in New Mexico could happen in Greenlee County if Martinez loses his grazing privileges. The removal was the result of a Dec. 18 decision by Federal Judge William P. Johnson.

According to a news release from the Center for Biological Diversity, Johnson "held the Diamond Bar and Laney Cattle companies, and their owners Kit and Sherry Laney, in contempt for violating the court's December 1996 livestock removal order."

During Tuesday's board meeting, Schildnecht referred to the Laney case and said the executive director of the New Mexico State Livestock Board signed a Memorandum of Understanding with the Forest Service without consulting the rest of the board.

"The executive director did not have the authority to do that," he said. The memorandum allowed the Forest Service to remove and sell the Laney cattle. Before the removal started, Catron County Sheriff John Snyder said he would stop the removal because of his duty to uphold state laws conflicting with it. That is what Martinez would like the Greenlee County Sheriff's Department to do, if the situation occurs.

The Laneys lost grazing privileges in federal court last December, but Martinez and other ranching advocates are saying the case could be won in state court.

New Mexico State University Associate Professor Angus McIntosh said, "Most land in the U.S. exists in a split estate." He said laws that separate water rights, easements and mineral rights from the actual property itself are at the heart of this type of legal argument.

McIntosh used the stretch of Highway 70 east of Safford as an example. He pointed out that while the land was federally owned before the highway existed, the federal agency owning the land gave the state of Arizona an easement to build the highway on its land.

"Once Congress granted that easement, that easement became the property of the state," he said. "An easement is private property, even though it may cross over land that the federal government owns. . . The federal district court doesn't have the jursidiction to rule what is defined as property."

Martinez quoted the 1839 Wilcox v. Jackson ruling as saying "whensoever a tract of land shall have been once legally appropriated to any purpose, from that moment, the land thus appropriated becomes severed from the mass of public lands."

Greenlee County owns the rights of several roads that the Forest Service claims jurisdiction over (when they close the roads), he said.

Martinez noted that some of these rights are referred to as Vested Property Rights. These were granted to ranchers by federal adjudicators in the late 1800s and early 1900s to help settle land disputes. This included easements addressing grazing paths, water rights and more.

Schildnecht said the Tenth Circuit Court of Appeals (from the Laney case) never questioned this. Martinez said he has had these easements passed down through his family for several generations.

Forest Service Public Information Officer Andrea Martinez and other officials have told the Courier numerous times that the land in question is still owned and must be regulated by the Forest Service. The federal agency has held strong on its stance that it maintains jurisdiction over the grazing allotments and its right to revoke permits for the allotments or reduce the number of cattle on them.

Andrea Martinez also told the Courier about 250 cattle have been gathered as of last Friday.

An update on Kit Laney

Kit Laney was arrested for interfering with the duties of a federal law officer on March 14. U.S. Forest Service Law Enforcement Officer Chris Boehm filed a complaint on March 15 that said Laney "forcibly assaulted, resisted, opposed, impeded, intimidated and interfered with Federal Law Enforcement Officers who were engaged in or on account of the performance of their official duties."

U.S. Magistrate Karen B. Molzen denied Laney's request to be released on a bail bond Tuesday.

McIntosh said, "The bottom line is that because the judge feels Kit ignored the previous court order to remove his cattle from the allotment, the judge did not believe he would abide by any bail conditions requiring him to stay away from the allotment. Therefore, he will not be released on bail. So, if he is released on bail, it will only be under third-party custody (house arrest with someone who lives a long way from National Forest) or they will keep him in jail until the FS (Forest Service) is done with their confiscation."

To contact John Kamin, call 428-2560 (ext. 240) or e-mail him at johnk@eacourier.com.

Permalink

DIAMOND BAR CATTLE COMPANY/W.M. GRIDER'S LETTER TO NM LIVESTOCK BOARD

Welda McKinley Grider
P.O. Box 753
Carrizozo, NM 88301

March 21, 2004

Daniel Manzanares, Executive Director
New Mexico Livestock Board
300 San Mateo NE, Suite 1000
Albuquerque, NM 87108

Mr. Manzanares;

I am the person who after shaking Mr. Delk’s hand at the Brand Board meeting where the Laney Case was discussed told you that you had lied to me.

I spoke with you by phone on or about March 1st, 2004. I introduced myself as a rancher from the Carrizozo area. I stated that I was concerned about the Brand Board’s upcoming consideration of signing the MOU with the Forest Service.

I told you that my father had spoken by phone to Mr. King and that my father had come away from that phone conversation with the understanding that Mr. King had taken a “strong stand in favor of the Laney’s”. You did not comment. (Although I did not hear the conversation, nor was I present. I am merely stating my understanding of that conversation.)

According to the brief notes that I made for myself concerning this conversation, you stated that you were “a ranch boy from the Northern part of the State and you knew too well, the problems of the Forest Service and the troubles ranchers were having in your part of the state.”

You stated the last MOU was signed “in about 1979, about the time I graduated, and it is still in effect, as far as I am concerned”. You said you “were very familiar with the recent Court Order and it didn’t name the New Mexico Brand Board”. You further stated, “Until I get a Court Order specifically naming the Brand Board, I have no intention of signing another MOU”.

You stated further, “If I get a Court Order specifically naming the Brand Board, then I have to protect the Brand Board”. I said I understood that, but at this point it didn’t. I asked if the Board would have to vote on signing a MOU and without hesitation, you agreed the Board would have to vote on such an action, but that I needed to understand if the Board had a Court Order, it would have no recourse but to sign a MOU, but that you didn’t think it would come to that.

You stated that as far as you were personally concerned, the problem lay between the Laney’s and the Forest Service and would not concern the Brand Board in any way. You reminded me that the Brand Board’s main purpose was to protect the owners of a brand. I agreed with that fact.

But upon agreeing with that fact, I stated again that I felt the Forest Service would ask them (the Brand Board) to support the impounding of the cattle in some way and that I wanted to voice my opposition to the Brand Board supporting an action that should be decided in court. I stated my personal beliefs about water rights, allotment rights and etc. You stated you were personally also in support of the Laney’s, as well as other ranchers facing the same problems, again stating that you were a ranch boy from up north.

We ended the phone conversation with my full belief that you would not, unless faced with a court order, without the vote of the Board – sign any MOU or any thing else.

At the Brand Board meeting, while I was listening to the comments during the time allotted by Mr. King for public input, it seemed to me that you were the only person at the head table (s) that was not extremely uncomfortable with the comments from the public.

It was whispered down the hall, that you acted on orders from the Governor himself. Certainly it became clear when Mr. Delk spoke, that the Board had not voted on you signing the MOU. Indeed, it was my understanding that the members of the Brand Board heard about this action about the same time as the public did.

So my statement to you – that you had lied to me, may have been strong language, but to my way of thinking, if a person does not tell the truth, then he has in some way - lied. Quite possibly at the time of our conversation, you were telling the truth, but the later actions, indicated to me the opposite.

I would be willing to hear your side of the story. I would ask you to answer several questions.

Is my rendition of our phone conversation incorrect in any way? If I misunderstood a point would you please set me straight?
Were you in receipt of a different Court Order?
If not, how did that Court Order affect your decision?
Was the Board informed prior to you signing the MOU?
Did the Board vote on this action? If so, what was the consensus of that vote and when was it taken?
If the Board was not informed and if it did not vote – then by what authority did you sign the MOU?

I await your reply and I thank you in advance for your consideration into this matter. I still support property rights set forth by the constitution, by the laws of the State of New Mexico, by the Taylor Grazing Act and the Gualdalupe/Hilgado Treaty. I am not in support of regulations imposed by governmental agencies that do not comply with the laws of the land. I remind you that Hage vs. US upheld private property rights. I remind you that the New Mexico Brand Board, by your own words, “main function was to support the owners of a brand. “

Sincerely,
/s/
Welda McKinley Grider

Cc: Joe Delk
Members of the New Mexico Livestock Board
Don L. Lee, President of New Mexico Cattle Growers Assn.
Caren Cowen, Executive Director of New Mexico Cattle Growers Assn.
Steve Pearce
Kit Laney
Ronnie Merritt
Frank Du Bois

Permalink

DIAMOND BAR CATTLE COMPANY

Note: The Paragon Foundation has put out an email stating the Laney hearing will be Wednesday at 1:00pm

Laney due in court today

The New Mexico rancher arrested March 14 for allegedly interfering with officers of the U.S. Forest Service in the Gila National Forest is scheduled to return to federal court today for a motion to reconsider his pre-trial detention. He has been jailed at the Doña Ana County Detention Center since his arrest.
Kit Laney, 43, has been charged with felony assault and interfering with law enforcement officers, a misdemeanor. Forest Service officers and hired help were rounding up Laney’s cattle to remove them from the 143,000-acre allotment Laney operated when the incident occurred.
Marcia Andre, forest supervisor of the Gila National Forest, explained why the Forest Service took action.
“Kit and Sherry Laney knowingly put livestock onto the Gila National Forest without a grazing permit in the spring of 2003,” Andre said. “They did this despite a court order issued in 1997 that clearly said they could not do so. That order was appealed by the Laneys to the U.S. 10th Circuit Court of Appeals, which affirmed the order.”
There are two accounts of what happened that Sunday night before Laney was arrested.
Sherry Laney, Kit Laney’s ex-wife, said Kit told her the March 14 incident did not occur as reported by the Forest Service officers in federal court.
“Kit said he did not gallop toward the officers,” Sherry Laney said. “Kit said as he approached the men one of the officers swung a flashlight at the head of his horse.”
Another portion of the officers’ account was amusing to friends and neighbors.
Many of those in court who heard the officers’ account of the incident laughed when they heard that Laney supposedly swore at the officers.
“I’ve never heard him swear,” said Laura Schneberger, a longtime friend and neighbor of Laney. “I’ve sworn in front of him and he gives me a look (of disapproval). He doesn’t like that kind of language.”
Laney has been tangled in a legal web since 1996 regarding his rights to the property. He owns the grazing and water rights, according to Sherry Laney.
Laney was cited by a federal judge for contempt of court in December 2003 for violating the court’s order to remove the cattle after he refused an offered permit because it limited the size of his herd.
“We could not make a living if they cut our herd to under 800 head,” Sherry Laney said.
At last week’s pretrial detention hearing Federal Judge Karen B. Molzen ruled Laney should remain in jail until a way can be found to ensure he will not be a danger to authorities removing his cattle. Jane Greek, Laney’s court appointed attorney, argued a third party custodian is an appropriate condition of release.
Federal prosecutor John G. Crews argued Laney is a flight risk and a danger to the community. Crews asked the judge to keep Laney in custody until all the cattle are removed.
Molzen said she didn’t feel Laney is a flight risk, but she was concerned for the safety of officers if Laney went home.
“I’m pretty optimistic Kit will be out of jail soon,” Sherry Laney said Friday. “Bob Jones has been approved as a third-party custodian.”
Jones is a rancher at the south end of Otero Mesa. Jones would be legally responsible if Laney were to travel back to Catron County before all cattle are removed from his property.
Friday afternoon, Crews filed a supplemental memorandum supporting his argument that Laney is a danger. He indicated in the memorandum at least two threats have been made against family members of Forest Service officers.
“The United States believes those threats occurred after the detention hearing was concluded March 16,” Crews wrote in the memorandum. Crews also asked that future judicial proceeding be assigned to Judge William Johnson.
While Laney has been in jail, his ex-wife and Laney’s brother have been working the family’s Diamond Bar Ranch.
“We’ve got our hands full,” Sherry Laney said. “But I really think things will turn out right.”
Alamogordo-based Paragon Foundation is providing help with legal assistance for Laney. Paragon was formed in the early 1990s to assist those whose civil rights or property rights are in jeopardy.
Paragon’s executive director G.B. Oliver and Joe Delk, a member of the New Mexico Livestock Board, visited the Laney allotment in the Gila National Forest last week.
“I thought based on the fact that not one living soul there knows one end of a cow from another they are doing a pretty good job,” Oliver said. “Some of the cows and their calves have been separated, but that is to be expected. The cattle are being fed and watered.”
Sherry Laney estimated about 200 of the 400 cattle have been rounded up, but doesn’t know where the government plans to take the cattle for sale.
Sherry Laney doesn’t believe the Forest Service has a plan in place for the sale of the herd.
She pointed out there is a lien against on the herd and couldn’t explain how the government can sell the cattle when a lien is pending.
“Right now, Kit is in jail,” Sherry Laney said, “and the cowboys and Forest Service officers are resting. Really, there haven’t done any work in a couple of days.”

T.S. Hopkins can be reached at thopkins@lcsun-news.com



Permalink

NEWS ROUNDUP

Town in Montana Wilderness Is Divided Over Drilling Plan "I'd like to see them drill," said Carl Field, a longtime real estate broker and land manager with a cluttered storefront office on Choteau's quiet main street. Gas production, Mr. Field said, "could help everyone around here, from suppliers to contractors, motels and grocery stores." For many, however, the prospect of drilling on the Front again is sacrilege. A combination of federal lands and vast private ranches, the Front is undeveloped, and because it is much lower in altitude than the mountains that tower over it, it provides a crucial winter refuge for wildlife.... Horse Trails Will Stay Open For Now The Shawnee National Forest Service had some good news for equestrian-based campground owners and the businesses who profit from traveling horseback enthusiasts -- open trails will stay open for now. Just in time for tourist season, the Forest Service listened to concerns from equestrian-based campground owners about ways to keep trails open and still protect sensitive plants and areas. Shawnee Forest Supervisor Allen Nichols said that while the ultimate decision about trail closures is not "a committee decision," he "never wanted to walk away from an opportunity to partner with people.".... Office Depot, 3 Conservation Groups Form Alliance Office Depot Inc. (ODP, news), seeking to boost its "green" reputation, plans to announce an alliance today with three conservation groups to promote research into forest management and endangered-species protection, Monday's Wall Street Journal reported. The Delray Beach, Fla., office-supply retailer aims to increase the amount of conservation data available overall, and to use the data to strengthen its own paper-procurement policy, said Tyler Elm, Office Depot's director of environmental affairs: "This is providing us with information we need to have a robust vendor-control policy.".... Amphibian slows some growth But 63 other projects, including many large residential subdivisions that would add at least 1,450 new homes, have been held up pending further review, according to a Press Democrat analysis of federal records. The number of homes snarled in the salamander's path is nearly double the number of new housing units built across Santa Rosa last year.... Mystery poisonings kill bald eagles Thirty years after a toxic pesticide was banned to protect bald eagles, someone is poisoning the nation’s symbol with another pesticide in the Willamette Valley. In the past 13 years, 17 bald eagles have been found dead in the Mid-Willamette Valley. Of those, 11 were tested and found to have eaten Fenthion, a highly regulated pesticide that is illegal in Oregon.... There's hope for giant bird Four captive-bred California condors were set free Saturday atop a 1,000-foot precipice north of the Grand Canyon, pulling the endangered bird a few more steps back from the abyss of extinction. In 1982, just 22 of the gigantic vultures were left in the world, prompting the unprecedented capture of an entire species of wildlife. Though initially opposed by many environmentalists, the strategy is now heralded as one of the shining successes of the Endangered Species Act.... Yellowstone winter use falls 18 percent In the midst of confusing and conflicting court opinions regarding snowmobiling regulations, winter traffic through Yellowstone National Park’s east entrance dropped 52 percent through February, the largest falloff of the park’s gateways. Overall winter use in the park was down 18 percent. A total of 185,796 visitors were reported in 2003-04, compared to 226,194 last winter.... Way of the wolf: The day the 'gray lady' went missing Of 174 wolves in the park, two attained celebrity status: the female nicknamed Cinderella and her longtime mate, a charcoal gray male. Park researchers called the pair "the Hollywood wolves," because of two National Geographic documentaries that focused on them and their family, the Druid Peak Pack — named for a nearby dome-shaped mountain. To many, they became the embodiment of Yellowstone's wild-wolf program. So Cinderella's absence and her mate's disconsolate wails on that Sunday morning in February stirred special concern among the wolf-watchers.... Permit backlog unjammed The Bureau of Land Management Buffalo Field Office has unjammed a backlog of 1,400 permits for coalbed methane gas wells on federal lands in the Powder River Basin. Now, the office is on track to maintain a steady flow of new permits said Richard Zander, assistant field manager at the BLM Buffalo Field Office.... Editorial: Slicing Up Energy IN THEORY, the Senate still intends to pass an energy bill this year. In practice, the list of other items on the agenda isn't getting any shorter, and the return to a large, complicated and possibly unpopular bill in the months before an election seems unlikely. As a result, some senators are considering shaving off some pieces of the bill and finding other means of passing them. We would prefer to see Congress take up a truly ambitious energy bill, one that actually reversed the advantages that the oil and gas industries have built into the tax code over time, and let markets do a better job of determining prices. But in the meantime, the notion of passing a few intelligent energy measures separately might not be a bad one -- as long as senators do so wisely.... Companies see NPR-A as tantalizing new territory For a glimpse of Alaska's crude oil future, take a small airplane to the middle of nowhere, jump into an industrial-size pickup truck with the heater on high, then drive west down a 34-mile road made of ice. There, jutting up from an endless plain of wind-sculpted snow, is the tall derrick of Rig 19. It's nasty cold, about 25 below zero. At times, great plumes of boiler steam seem to cling to the steel before disappearing.... California pushes to preserve coast The two visitors, marveling at miles of uncluttered oceanfront, didn't know about a small, powerful network of nonprofit land trusts, government agencies and foundations that has bought thousands of acres of California's coastline since 2000 to stop growth. As experts predict nearly 50 million Californians within a generation, the state is in the midst of an unparalleled drive to steer its 1,100-mile coast clear of more development. Borrowing from a movement that created more than 250 miles of oceanfront state parks during the last century and tapping portions of $11.1 billion in new state bonds, California preserved nearly 53,000 acres of coastal-area land last year, reports the California Coastal Conservancy, a state agency that seeded such projects with $168 million and leveraged $133 million more.... Hayden now ready to embrace Buffalo Commons initiative Mike Hayden was never a shy man, striding in cowboy boots as Kansas governor while spinning rustic anecdotes with a booming twang. But 13 years after the end of his governorship, Hayden is just getting warmed up in speaking freely - starting with an admission rarely uttered publicly by active-duty politicians. "I was wrong," Hayden says of his 1987 dismissal of unpopular predictions about the Great Plains' future. The prognosticators were Frank and Deborah Popper, married land-use experts from, of all places, New Jersey. They forecast continued declines in Plains population and natural resources and came up with a provocative name for their Plan B: the Buffalo Commons - long-term restoration of native grass and wildlife, notably buffalo.... Poll says tax to help aquifer is acceptable There is strong public support for continued use of tax dollars to buy undeveloped land in environmentally sensitive areas that help protect San Antonio's drinking water, according to a new poll commissioned by groups promoting the idea. The Bexar Land Trust, Nature Conservancy of Texas and the Trust for Public Land want the City Council to ask voters in November to reinstitute a 1/8-cent sales tax that would preserve additional environmentally sensitive properties.... Land policies turn sportsmen against administration From the slopes of the Rocky Mountains to the primeval forests of Alaska to the prairie potholes of the Dakotas, hunting and fishing enthusiasts are rebelling against President Bush's public lands policies. The nation's 47 million hunters and anglers tend to be conservative Republicans who voted for Bush in the last election, but many sportsmen say they have been imbued with a new sense of militancy by the administration's sacrifice of some of the best wild lands in America to economic development.... Powell saves Mead from drying up? Glen Canyon Dam, the 41-year-old barrier that backs up the Colorado River to form Lake Powell, is preventing the drought from virtually drying up Lake Mead downriver, according to some number-crunching by a Page scientist. Before Glen Canyon Dam was finished in 1963, Lake Mead dropped 130 feet below full pool in 1956 in the midst of another drought. And without the upstream dam now, Lake Mead would be just 9 percent full, argues Paul Ostapuk, a meteorologist at Navajo Generating Station near Page.... Wilderness backers look to Nethercutt for congressional boost Boosters of an effort to permanently protect 106,000 acres of wilderness in Snohomish County are looking for a savior and hoping the race for U.S. Senate will provide one. But time is running out for the bill in the current Congress, and the politics don't look favorable for what could be the first federal wilderness designation in the state in almost 20 years.... Nevada rancher's privacy case goes before U.S. Supreme Court A Nevada rancher who ran afoul of the law for refusing to identify himself to officers will have his day in the U.S. Supreme Court. Oral arguments are scheduled for Monday in a case that will determine whether people have a constitutional right to refuse to tell police their names.... Kansas Struggles to Test for Mad Cow Days after the federal Agriculture Department unveiled its plan for expanded surveillance for mad cow disease, Kansas officials say they're scrambling to figure out how to find and test enough at-risk cattle. Federal Agriculture Department officials said this week the broadened monitoring would focus on at least 201,000 animals that show signs of possible mad cow infection. Animals considered possible carriers include so-called downer animals that cannot stand at slaughter, cattle found dead on farms, or those with nervous system problems. Under the new testing, Kansas - the nation's second-largest cattle producer - has been ordered to test more than 7,000 animals for mad cow disease, state Livestock Commissioner George Teagarden said. To him, that 47-fold increase over the 150 animals Kansas screened last year "will be a challenge."....Salvaging old wood becomes new industry "It was getting to be a hazard to cattle," the 81-year-old retired rancher said. "They could get in it, break through the windows and get hurt." Instead of burning the home to the ground - a longtime method for ranchers to dispose of old buildings - Nichols hooked up with one of the many companies that specializes in salvaging old wood. Hilton Hern, a co-owner of Montana Rustic Wood Hub, gave Nichols $4,000 for the house, hauled it away and rebuilt it into someone's cabin.... Houston artist has sky-high dream of a 28-story Cowboy Don't hold your breath, but the IH-35 corridor could be in line for a truly breathtaking sight - a 28-story cowboy statue created by internationally-known artist and sculptor David Adickes. The "generic cowboy" structure, as Adickes envisions, would include an interior elevator, theater and museum. At 280 feet high, it would be the tallest sculpture in the world, Adickes said in a telephone interview from his Houston studio....

Permalink

DIAMOND BAR CATTLE COMPANY/JOE DELK LETTERS

Joe Delk, Member
New Mexico Livestock Board
PO Box 879
March 19, 2004
Mesilla Park, NM 88047

Daniel Manzanares, Executive Director
New Mexico Livestock Board
300 San Mateo NE, Ste 1000
Albuquerque, NM 87108

Dear Daniel,

Accompanying this letter is a report I made to Mr. Steve Libby with the US Forest Service, as a follow-up to a personal visit I made to the Beaverhead Ranger Station on Wednesday, March 17, 2004. Mr. Libby expressed to me, his gratitude for the help and cooperation he has received from you and Cliff Mascarenas.

I walked through the cattle and made several observations and suggestions covered in my report to Mr. Libby.

It is my opinion that the Forest Service personnel involved in the impoundment of the Laney cattle, including their contractor, are not sufficiently capable of handling and caring for these cattle in a manner that adequately satisfies me that there won’t be cattle unnecessarily injured or cattle that die from the stress and strain of the circumstance in which they have been placed.

It is my recommendation that the New Mexico Livestock Board take an active role in observing the care and handling of these cattle to insure that there can be no instance or inference of animal neglect or cruelty.

Sincerely,
/s/
Joe Delk

March 19, 2004

Joe Delk
Member, New Mexico Livestock Board
PO Box 879
Mesilla Park, NM 88047

Mr. Steve Libby
US Department of Agriculture, Forest Service
3005 E. Camino del Bosque
Silver City, NM 88061

Dear Mr. Libby,

Thank you for the hospitality you demonstrated to me, Sheriff Cliff Snyder, Al Schneberger and G.B. Oliver when we visited Beaverhead Ranger Station on Wednesday, March 17, 2004 at approximately 2:30 PM. to inspect the Laney cattle currently impounded at that facility.

You stated that there were a total of two hundred fifty one (251) head in your possession that day and that these were all the cattle that had been impounded up to that point. That number consisted of all cattle including bulls, cows, yearlings and calves. You also told us that you were feeding 2.5 tons of hay per day divided into two feedings.

The comments and suggestions I make in this report to you are based on my years of experience in and around the cattle business. The opinions are mine and mine alone.

Impoundment Enclosures

I saw two barbed-wire enclosures, which I estimated to be about 100 feet wide and 300 feet in length, I understand that you plan on reinforcing the barbed-wire fencing with cattle panels to provide safer, more secure enclosures.

It is my hope you accomplish this as soon as possible.

The size of the enclosures is adequate for the assortment of cattle you have there, but only for three to five days in my opinion. If you are going to keep these cattle for a longer period than that, they will need more space. I realize that you will be adding more cattle in the days to come, so this will become even more important.

All Cattle Together

I observed that all cattle were together. There were bulls, dry cows, cows with calves and yearlings. I estimated that 10% of the mature cattle were in body condition score (BCS) 2, 15% BCS 4 and 5 and the rest were BCS 3’s. I did not consider this to be unusual considering the time of year and current range conditions.

However, the several cows I judged to be BCS 2, should certainly be sorted off and given special care or they will likely die. I think they are weaker than they look and are getting weaker by the day. The others in the 4 and 5 brackets included most of the bulls and most of the dry cows. They too should be sorted off to be fed and cared for at a different level. The cows with calves and all the others in the middle or BCS 3 group would benefit from the reduced competition from the dry cows and bulls.

Water

Water availability to all cattle is probably the single most important concern when holding cattle in any type of enclosure for an extended period. You and I have already addressed the fact that the water in the water-troughs in these facilities was not accessible to smaller calves weighing 300 lbs or less. The water level was too low for smaller calves to stand at the trough and reach over the edge to get a drink. I feel certain that you addressed this as soon as we departed.

Feed Quality

The quality of hay being fed to the Laney cattle is poor to fair at best. Generally, cows can consume low-quality roughage and do OK, especially in open range conditions. But in confined conditions that is certainly not the case.

The hay being fed to the Laney cattle is not very good hay. This hay is being consumed by cattle that are hungry but because of the low nutritive value, I would estimate that less than 35% of the hay that is consumed is actually being digested and utilized. The Forest Service may be saving money by feeding cheap hay but the condition of the cattle will most certainly deteriorate as each day passes.

I would suggest that you use better quality hay to help insure the cattle are strong enough to endure the ordeal they are experiencing.

Stress

These cattle may appear, to the inexperienced eye, to be content and relaxed. However, I could see stress in most. The cattle had been gathered, penned, sorted, loaded onto crowded trailers and hauled over rough roads to a strange place with strange people and strange activity all around. The cows with calves exhibited the most outward concern because they fear for the safety of their babies.

I mention this because ranchers recognize that this “stress” factor can cause a herd of cattle to decline in health and condition with amazing speed.

I ask you to address this with any and all Forest Service personnel involved with the impoundment of the Laney cattle and see to it that they are cognizant of this “stress” factor and that they should handle the cattle with that in mind.

Nursing Cows Brought In Without Their Babies

This is absolutely inexcusable! I saw at least two cows with full udders searching for their calves. I saw one little newborn nursing his mother at one point and, later, one of the cows brought in without her baby. It is not normal for a cow to stand while another calf nurses her, but when she has lost her baby, it’s not unusual.

It is too late for the two baby calves left out in the forest. As you go forward with the impoundment, all wet cows should be paired before hauling them to Beaverhead to be sure they have their baby. If not, they should be released immediately to go to their calf. Then, once they are brought to Beaverhead, any wet cow that is bawling should be watched and if she has no calf, she should be returned to where she was gathered to allow her to find her baby. I would hope that you would address this with your contractors and not accept anything less than properly paired mothers with their babies.

Skinned-up Cattle

I realize that anytime cattle are gathered, penned, sorted, loaded on trailers and hauled for any distance, some will invariably get skinned up in the process. I observed what I judged to be too many injuries to too many cattle. I didn’t count them but it was plain to me that there were a lot of cattle in these enclosures that had been handled roughly. Whether it occurred in the penning, sorting, loading or hauling, I’m not sure.

This is not acceptable and borders on cruelty.

I would hope that you would address this with your contractors and not accept anything less than you would if they were your own cattle.

Cattle Down In Trailers

I observed at least three cows that had been hauled some distance while lying on the floor of a trailer. I realize that this sometimes occurs while hauling cattle in trailers with slippery floors especially when pulling steep grades over rough roads. I suspect that these cattle were hauled in trailers which contained too many cattle for the terrain and conditions of the roads.

I ask that you address this with your contractors and require them to not overload the trailers and be sure to stop frequently to check for cattle that are down.

Conclusion

Generally, I found the cattle to be in acceptable condition considering their circumstance. However, it is my opinion and concern that the cattle are being gathered, penned, sorted, loaded and hauled in a manner that is not consistent with the normally accepted beef quality assurance practices and procedures of most ranchers in New Mexico. Furthermore, it is my opinion that if the recommended changes aren’t made in the quality of feed, sorting of cattle, availability of water and the size and number of pens, the condition of the cattle will steadily deteriorate.

/s/
Joe Delk
New Mexico Livestock Board Member


Cc: Daniel Manzanares, Executive Director, NMLB
Cliff Mascarenas, Deputy Director, NMLB
Don L (Bebo) Lee, President, New Mexico Cattle Growers Assn.
All Members, New Mexico Livestock Board

These letters were accompanied by 5 pictures of the livestock. If you are interested, send me your email address and I will email you the pictures.

Permalink

OPINION/COMMENTARY

PETA Wants Constitutional Amendment For Fish

Sorry, crustaceans and reptiles. You didn't make People for the Ethical Treatment of Animals' list of animals that deserve protection under their proposed constitutional amendment, which declares "all mammals, birds, and fish will, henceforth, be defined as 'persons' in the eyes of the law." Of course, PETA's idea of protecting animals would strip us of everything from our leather shoes to the milk in our breakfast cereal (not to mention bacon and eggs).

PETA president Ingrid Newkirk has called human beings the "biggest blight on the face of the earth." Why would PETA want to degrade animals to our status?

Laws establishing rights for animals may seem like a joke, but in 2002 Florida approved an amendment to its state constitution that extends rights to pregnant pigs. PETA crowed that the Florida measure "could lead to similar ... campaigns in other states."....

Ninth Circuit Grants Pilgrim Family’s Appeal: Precedent-Setting Case Asks Court to Affirm the Rights of Alaskans to Access Federal Lands

The Ninth Circuit Court of Appeals today granted the appeal brought by Pacific Legal Foundation on behalf of the Pilgrim family, the 17-member Alaska wilderness family that has been locked in a high-profile battle with the National Park Service for nearly a year. Last April, the Park Service closed the only viable road to the Pilgrims’ property a few days after the family’s home was destroyed by fire. The road closure has made it impossible for the Pilgrims to bring in heavy materials to rebuild their home. As a result, the Pilgrims and their 15 children have been forced to live in an uninsulated mine building in Alaskan winter temperatures for months.

“We’re pleased the Ninth Circuit is willing to hear the appeal and we are confident that the faulty district court decision will be overturned,” said PLF attorney Russ Brooks. “We look forward to the day when the Pilgrims will have reasonable access to their home and this whole unnecessary mess can be brought to an end.”....

Americans are Using Water More Efficiently

Despite an increasing population, greater electricity production and higher agricultural output, Americans are using less water than they did 30 years ago, says a new report from the U.S. Geological Survey.

The agency examined 50 years of water use through 2000. Among its findings:

--Consumption is largely unchanged since 1985 and is 25 percent less than its peak in the 1970s.
--Americans consume 408 billion gallons a day of fresh and saline water -- of which 11 percent goes to homes and most businesses, while nearly half (48 percent) goes to power plants, more than a third (34 percent) to agriculture; and 7 percent for such uses as mining, livestock and individual domestic wells.
--Powerplants account for 96 percent of saline water withdrawals.

How has water been conserved?

--Electric utilities, which once needed huge amounts of water to cool electrical generating plants, now conserve water by closed loop recirculation.
--Other industries have conserved by using water-saving technology -- driven by energy-saving and environmental-protection laws passed in the 1970s.
--Irrigation remains the largest use of freshwater, and more of it is groundwater -- rising from 23 percent in 1950 to 43 percent in 2000.
--And, interestingly, low-flow bathroom fixtures and water-saving appliances ordered by a 1992 federal law -- the bane of millions of consumers -- have had little impact.

In contrast to the record of industry, Amy Vickers, author of "Handbook of Water Use and Conservation," says 15 percent to 20 percent of municipal water is lost to leaky pipelines and other unmeasured waste.

Source: Patrick O'Driscoll, "Americans using less water, report says," USA Today, March 12, 2004; based on Susan S. Hutson et al., "Estimated Use of Water in the United States in 2000," March 2004, U.S. Geological Survey.

PLF Asks U.S. Supreme Court To Take Action in Three Key Wetland Cases

Deaton v. U.S. On January 26, PLF filed its third brief since December asking the U.S. Supreme Court to tell the federal government to stop their unlawful power grab over intrastate waters under the guise of the Clean Water Act.

In December, PLF filed a petition for review with the High Court on behalf of its client, John Rapanos, in a case that has the potential to effect sweeping changes to national policy regarding wetlands regulation (Rapanos v. U.S.). Similarly, PLF filed an amicus brief in Newdunn Associates v. U.S. Army Corps of Engineers.

In all three of these cases, PLF is asking the Supreme Court to reaffirm its landmark 2001 decision, Solid Waste Agency of Northern Cook County v. U.S., which restricts federal authority over “isolated wetlands” under the Clean Water Act.

Food Fights

On March 10, Health and Human Services Secretary Tommy Thompson launched public service announcements depicting dismembered body parts of fat people -- double chins, stomachs, buttocks, and thighs -- caught in grocery cart wheels, found by children along the beach and tripped over by mall shoppers. They're part of Thompson's efforts to educate Americans about obesity and persuade them to change their eating habits by showing fat people what they should "lose."1

Yes, eating is becoming political. Our government is increasingly adopting the false science of a special interest group intent on making sure we all eat what they think we should -- and look and behave acceptably, too. If we're not careful, this new eugenics will see to it we're no longer free to eat what we want and we'll pay more for the privilege. If this sounds overly dramatic, look at what's already happened....

New hybrid car runs on gas, feelgood environmental BS

Fueling the recent craze over hybrid cars, Toyota Motor Corp. unveiled on Wednesday its newest model, the Gaia.

Powered by a hybrid engine that uses both unleaded gas and feelgood, self-important environmental crackpot bullshit, the sedan averages about 65 miles per gallon--and up to 80 MPG if you really, truly believe in the power of a single person to change the world.

"The Gaia brings together drivability and half-assed pocketbook environmentalism in one car," said Toyota's U.S. vice president of marketing, Jim Hebbern. "Using both gas and a patented process in which electricity, hydrogen fuel, solar and geothermal power magically fuse together and solve all the world's problems, the Gaia is the conscientious consumer's choice for driving."....

Permalink