Joel Skousen – January 09, 2016
www.garynorth.com

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.

In the early 1990’s the Hammonds filed on a livestock water source and obtained a deed for the water right from the State of Oregon. When the Bureau of Land Management (BLM) and US Fish and Wildlife Service (FWS) found out the Hammonds obtained new water rights near the Malheur Wildlife Refuge, they were agitated and became belligerent and vindictive toward the Hammonds. The US Fish and Wildlife Service challenged the Hammonds right to the water in an Oregon State Circuit Court. The court found the Hammonds legally obtained rights to the water in accordance to State law and therefore the use of the water belongs to the Hammonds.In August 1994 the BLM & FWS illegally began building a fence around the Hammonds water source. Owning the water rights, and knowing that their cattle relied on that water source daily, the Hammonds tried to stop the building of the fence. The BLM & FWS called the Harney County Sheriff department and had Dwight Hammond (Father) arrested and charged with “disturbing and interfering with” federal officials or federal contractors (two counts, each a felony). Dwight spent one night in the Deschutes County Jail in Bend, and a second night behind bars in Portland. He was then hauled before a federal magistrate and released without bail. A hearing on the charges was postponed and the federal judge never set another date.

The FWS also began restricting access to upper pieces of the Hammond’s private property. In order to get to the upper part of the Hammond’s ranch they had to go on a road that went through the Malheur Wildlife Refuge. The FWS began barricading the road and threatening the Hammonds if they drove through it. The Hammonds removed the barricades and gates and continued to use their right of access. The road was proven later to be owned by the County of Harney. This further enraged the BLM & FWS.

Shortly after the road & water disputes, the BLM & FWS arbitrarily revoked the Hammond’s upper grazing permit without any given cause, court proceeding or court ruling. As a traditional “fence out state” Oregon requires no obligation on the part of an owner to keep his or her livestock within a fence or to maintain control over the movement of the livestock. The Hammonds still intended to use their private property for grazing. However, a federal judge ruled in federal court, the federal government did not have to observe the Oregon fence out law.

The Hammonds were forced to either build and maintain miles of fences or be restricted from the use of their private property. Cutting their ranch in almost half, they could not afford to fence the land, so the cattle were removed.

The Hammonds experienced many years of financial hardship due to the ranch being diminished. The Hammonds had to sell their ranch and home in order to purchase another property that had enough grass to feed their cattle. This property included two grazing rights on public land. Those were also arbitrarily revoked later. The owner of the Hammond’s original ranch passed away from a heart attack and the Hammonds made a trade for the ranch back.

In the early fall of 2001, Steven Hammond (Son) called the fire department, informing them that he was going to be performing a routine prescribed burn on their ranch. Later that day he started a prescribed fire on their private property. The fire went onto public land and burned 127 acres of grass. The Hammonds put the fire out themselves. There was no communication about the burn from the federal government to the Hammonds at that time. Prescribed fires are a common method that Native Americans and ranchers have used in the area to increase the health & productivity of the land for many centuries.

I have to add here that there were other improper burns in earlier years that got the Hammonds in trouble with the BLM. Oregon Live reports on the fires:

The Hammonds’ run-ins with the government began in 1999, when Steven Hammond started a fire that escaped onto U.S. Bureau of Land Management territory. The intent of the fire was to burn off juniper and sagebrush that hindered the growth of grass for their cattle. BLM employees reminded Steven Hammond that although his family leased public land for grazing, he couldn’t burn it without a permit.

Which is why Steven called the fire dept before starting the routine burn in 2001. But that didn’t stop prosecution.

In 2006 a massive lightning storm started multiple fires that joined together inflaming the countryside. To prevent the fire from destroying their winter range and possibly their home, Steven Hammond (Son) started a backfire on their private property. The backfire was successful in putting out the lightning fires that had covered thousands of acres within a short period of time. The backfire saved much of the range and vegetation needed to feed the cattle through the winter. Steven’s mother, Susan Hammond said: “The backfire worked perfectly, it put out the fire, saved the range and possibly our home”.The next day federal agents went to the Harney County Sheriff’s office and filled a police report making accusation against Dwight and Steven Hammond for starting the backfire. A few days after the backfire a Range-Con from the Burns District BLM office asked Steven if he would meet him in town (Frenchglen) for coffee. Steven accepted. When leaving he was arrested by the Harney County Sheriff Dave Glerup and BLM Ranger Orr. Sheriff Glerup then ordered him to go to the ranch and bring back his father. Both Dwight and Steven were booked and on multiple Oregon State charges. The Harney County District Attorney reviewed the accusation, evidence and charges, and determined the accusations against Dwight & Steven Hammond did not warrant prosecution and dropped all the charges.

In 2011, 5 years after the police report was taken, the U.S. Attorney Office accused Dwight and Steven Hammond of completely different charges; they accused them of being “Terrorists” under the Federal Anti terrorism Effective Death Penalty Act of 1996. This act carries a minimum sentence of five years in prison and a maximum sentence of death. Dwight & Steven’s mug shots were all over the news the next week posing them as “Arsonists”. Susan Hammond (Wife & Mother) said: “I would walk down the street or go in a store, people I had known for years would take extreme measures to avoid me”.

Barry Bushue of the Oregon Farm Bureau decried this tactic: “I find it incredible that the government would want to try these ranchers as terrorists… Right now is when the public should absolutely be incensed. And the public, I think, should be fearful.”

Read the rest of the story here