The occupation of the headquarters of the Malheur National Wildlife Refuge in Harney County, Oregon by a small group of armed protesters represents a new and confrontational tactic in the Sagebrush Rebellion–the decades old struggle of Western ranchers against federal control of state lands. While the majority of rancher disputes are against the Bureau of Land Management (BLM) the US Fish and Wildlife Service has been just as ruthless–in this case expanding the wildlife refuge at the expense of neighboring ranchers. This week I’ll detail the struggle of the Hammond family, and of Ammon Bundy the protest leader. When you read the litany of federal abuse of ranching families, you will better understand why some ranchers are staging an armed resistance. I also give some suggestions on how this can be resolved peacefully.
The root of the controversy is a constitutional dispute that has never been properly adjudicated. Under Article IV, Section 3:2 (The Property Clause), it says,
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States….
However, once a territory becomes a state, the federal government can only possess land, within that state for limited purposes: a national capitol, federal military facilities, and certain docking and warehouse facilities related to the collection of tariffs. This is governed by Article I, Section 8:17 which states:
To exercise exclusive Legislation in all Cases whatsoever, over such District [Washington DC] (not exceeding ten Miles square) as may, by Cession of Particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings [such as post offices].
Notice, those lands have to be specifically ceded by the states through consent of the state legislatures; they cannot be taken arbitrarily by government. The federal government got around this by making federal ownership of large parts of Western territories a condition of statehood. This had never been done to any state until the territories west of the Dakotas, down through Texas became states. Nevada was literally robbed of 84.5% of its land. In most western states the federal government owns more than half of the land mass. This is outrageous. Here is a link to a map showing the sad facts.
From the beginning there were private lands interspersed among lands claimed by the federal government, and the forest service, in particular, has engaged in a long series of abuses making it difficult, if not impossible, for “inholders” to gain access to their land or use it.
The BLM has likewise engaged in a myriad of tactics to harass ranchers, including the denial of long-held grazing and water rights, access to their land and even starting controlled burns which threatened private land and forced ranchers into a costly battle to protect buildings and livestock–all of this without legal consequences for the government. Here’s video proof.
And yet when ranchers like the Hammonds do a controlled burn that crossed over to federal lands, they are prosecuted and fined even when authorities agree there was only benefit to the land from the fires. As the Wounded American Warriors have documented:
Tri-State Livestock News reports on that testimony, “In cross-examination of a prosecution witness, the court transcript also includes an admission from Mr. Ward, a range conservationist, that the 2001 fire improved the rangeland conditions on the BLM property.”According to Erin Maupin, a former BLM range technician and watershed specialist and rancher in the area who had been the neighbor of the Hammonds for years, said it was because researchers had determined that managing the invasive junipers, which steal water from grass and other cover was something necessary to increase the conditions on the land. “Juniper encroachment had become an issue on the forefront and was starting to come to a head. We were trying to figure out how to deal with it on a large scale,” said Maupin.
The fines are meant to be so heavy that ranchers are forced to sell their land to the BLM, which turns out to be the hidden purpose of the draconian prosecution. Ultimately this is what will happen to the Hammond family of Harney County, Oregon. But it is not sufficient to review the doctored court records of their case alone, as the press is doing, you also have to know the background of harassment ranchers surrounding the Malheur Wildlife Refuge have been subjected to by government agencies and the collusion of judges and prosecutors to deny justice to them when these matters come to trial. All of these cases taken together paint a vivid picture of ranchers being hustled out of their land and livelihood.
The Cliven Bundy family, who were involved in their own standoff with armed BLM agents in Southern Nevada, have taken a stand with ranchers in Oregon and documented better than anyone the list of abuses in Harney County, OR. The details below are significantly different than all the mainstream media reports. They start with an important history of the improper creation of the wildlife refuge:
The Harney Basin (where the Hammond ranch is established) was settled in the 1870’s. The valley was settled by multiple ranchers and was known to have run over 300,000 head of cattle. These ranchers developed a state of the art irrigated system to water the meadows, and it soon became a favorite stopping place for migrating birds on their annual trek north.In 1908 President Theodor Roosevelt, in a political scheme, create an “Indian reservation” around the Malheur, Mud & Harney Lakes and declared it “as a preserve and breeding ground for native birds”. Later this “Indian reservation” (without Indians) became the Malheur National Wildlife Refuge.
In 1964 the Hammonds’ purchased their ranch in the Harney Basin. The purchase included approximately 6000 acres of private property, 4 grazing rights on public land, a small ranch house and 3 water rights. The ranch is around 53 miles South of Burns, Oregon.
By the 1970’s nearly all the ranches adjacent to the Blitzen Valley were purchased by the US Fish and Wildlife Service (FWS) and added to the Malheur National Wildlife Refuge. The refuge covers over 187,000 acres, stretches over 45 miles long and 37 miles wide. The expansion of the refuge grew and surrounds the Hammond’s ranch. Approached many times by the FWS, the Hammonds refused to sell. Other ranchers also [chose] not to sell.
During the 1970’s the Fish and Wildlife Service (FWS), in conjunction with the Bureau of Land Management (BLM), took a different approach to get the ranchers to sell. Ranchers were told: “grazing was detrimental to wildlife and must be reduced”; 32 out of 53 permits were revoked and many ranchers were forced to leave. Grazing fees were raised significantly for those who were allowed to remain. Refuge personnel took over the irrigation system claiming it as their own.
By 1980 a conflict was well on its way over water allocations on the adjacent privately owned Silvies Plain. The FWS wanted to acquire the ranch lands on the Silvies Plain to add to their already vast holdings. Refuge personnel intentionally diverted the water bypassing the vast meadow lands, directing the water into the rising Malheur Lakes. Within a few short years the surface area of the lakes doubled. Thirty-one ranches on the Silvies plains were flooded. Homes, corrals, barns and graze-land were washed away and destroyed. The ranchers who once fought to keep the FWS from taking their land, now broke and destroyed, begged the FWS to acquire their useless ranches. In 1989 the waters began to recede; now the once thriving privately owned Silvies plains are a proud part of the Malheur National Wildlife Refuge claimed by the FWS.
By the 1990’s the Hammonds were one of the very few ranchers who still owned private property adjacent to the refuge. Susie Hammond in an effort to make sense of what was going on began compiling facts about the refuge. In a hidden public record she found a study done by the FWS in 1975. The study showed the “no use” policies of the FWS on the refuge were causing the wildlife to leave the refuge and move to private property. The study showed the private property adjacent to the Malheur Wildlife Refuge produced four times more ducks and geese than the refuge. The study also showed the migrating birds were 13 times more likely to land on private property than on the refuge. When Susie brought this to the attention of the FWS and refuge personnel, her and her family became the subjects of a long train of abuses and corruptions.
Obviously the environmental activists that inhabit all these government agencies don’t like facts that document the fallacies of government policies and planning.
