Transcript Slide 1
The Property-Rights Movement or the Sagebrush Rebellion Revisited A Series of Analyses From Around the Country Property Rights Movement: •Concerns the “rights” of people, companies, cities, counties and states. •Land Ownership evident in the 1890’s with the establishment of the first Forest Reserves. •In 1897, Congress allowed homesteaders to find farm land inside the reserves. - Resulted in the loss of thousands of acres of public timbered land to developers. •Efforts by Westerners in the early 1970’s to take over management and ownership of Federal lands were called the "Sagebrush Rebellion." Property-Rights Movement Federal Worker Threats Home Rule Memo Western States Coalition Wise-Use Movement Catron County Ordinance Legal Litigation County Rights Trends in Ownership Future of Public Lands The Property-Rights Movement or the Sagebrush Rebellion Revisited A Series of Analyses From Around the Country Wise-Use Movement: •The movement began in the early 1990’s. •Today, the WUM is concerned with federal and state taking. •Elements of the WUM can be seen in the sagebrush rebellion, but the WUM has more political support. Wise-Use Movement Values: •People with a mission... •Local action, national press… •Philosophy… •View of Environmentalists… •Recent successes… •Libertarian bent… •Speaking Engagements… Property-Rights Movement Federal Worker Threats Home Rule Memo Western States Coalition Wise-Use Movement Catron County Ordinance Legal Litigation County Rights Trends in Ownership Future of Public Lands Federal Workers Become Target of Wave of Threats and Violence Government employees are cast as a “New World Order” working to take over the United States. Increase in conflicts cause reason for concern: •Seattle – A bomb detonates inside the Forest Service Office •Montana – A militia leader directed threats at public officials, who say they now fear for their lives •Idaho – Federal agencies have stopped performing their duties fearing violence from government opposed radicals •Nevada - Local officials say they will arrest federal workers interfering with plans to assert control over public lands •Oklahoma – Oklahoma City bombing •Montana – Militia sent fax urging members to take actions on April 19 (Oklahoma City and Waco, Texas incidents) Property-Rights Movement Federal Worker Threats Home Rule Memo Western States Coalition Wise-Use Movement Catron County Ordinance Legal Litigation County Rights Trends in Ownership Future of Public Lands \ Home Rule Memo Grass Roots Effort by “The Federal Land Conference.” Pros, Cons and General Observations: •Scope of “Home Rule”: Influence federal land management. •Limitations Under State Law: A county can legislate over issues affecting the health and welfare within the county. •Home Rule Tool Kit: Laws require that the federal government solicit local, and state input when amending land policies. •Protecting the Economy: It is the opportunity and duty of the impacted community to present analyses that federal agencies cannot ignore. •Environmental Impact Input: County adoption of a “county use plan” addressing federal lands will give counties a direct role in determining the significance of environmental impacts. •Ousting the Federal Government: County governments can take over control of federal land through land use plans. •A judge in a Nevada case reaffirmed the authority of the U.S. government over federally owned land. Property-Rights Movement Federal Worker Threats Home Rule Memo Western States Coalition Wise-Use Movement Catron County Ordinance Legal Litigation County Rights Trends in Ownership Future of Public Lands Home Rule Road Show Public Lands: Ownership and Management Wayne Hage: "The argument is not over who owns the land, but who exerts the legislative jurisdiction, that is, who makes and enforces the rules.” Dick Carver: "The Federal government has the power to do only four things: print money, regulate commerce, establish post offices and post roads and raise armies and declare war. Comments and Thoughts: •The proposed solutions may seem extreme, but the frustrations people are feeling are very real. •We need to be prudent and compassionate in the exercise of our duties. •Hot Topics: -Armed law enforcement officers -Federal claims on water rights -Grazing Property-Rights Movement Federal Worker Threats Home Rule Memo Western States Coalition Wise-Use Movement Catron County Ordinance Legal Litigation County Rights Trends in Ownership Future of Public Lands Western States Coalition and “Win Back the West” Seminar People believing Federal government is interfering with their daily lives. Western States Coalition – Summit III: •Threat to western water rights. •Field-level employees marching to orders from above. •Concern with consideration of the “Ecosystem Management.” Win Back the West Conference: A series of speakers •Advocated action through the judicial system. •Arguments are based on selective view of U.S. history and Constitutional interpretation. •Resemblance to “New World Order” theory arguments. •No concern with Native American claims to western land. Property-Rights Movement Federal Worker Threats Home Rule Memo Western States Coalition Wise-Use Movement Catron County Ordinance Legal Litigation County Rights Trends in Ownership Future of Public Lands Western States Coalition and “Win Back the West” Seminar Speakers at the Conference Comisky: Why, How and Where •Why - danger of losing the right to own property in America •How-government of, by and for the people •Where – going back to local control and to use of the land Wayne Hage: Remedies to the nationalization of land •Traditional Industry approach •Sagebrush Rebellion approach •Constitutional approach Mike Kelly: Advocate of “Home Rule.” •Uses the constitution as the basis of power concentrating on the state needing more power than the federal government. Dick Carver: Threaten federal employees with arrest. •Abides by constitution laws not Supreme Court decisions. Gene Gustin: •Advocates establishing a body with fact-finding authority. Property-Rights Movement Federal Worker Threats Home Rule Memo Western States Coalition Wise-Use Movement Catron County Ordinance Legal Litigation County Rights Trends in Ownership Future of Public Lands Wise-Use Threats Exposed Environmentalists: An Endangered Species? ”The War Against Greens”: •Environmentalists are having to pay for speaking out in defense of the earth •Militant groups use tactics to silence “tree-huggers” •They have projected fear into the political process •Demolishes the fiction that anti-environmentalism is a grassroots movement by showing its corporate underpinnings Property-Rights Movement Federal Worker Threats Home Rule Memo Western States Coalition Wise-Use Movement Catron County Ordinance Legal Litigation County Rights Trends in Ownership Future of Public Lands Wise-Use Directory Coalitions powering the Wise-Use Movement. ” American Farm Bureau Federation - Large organization associated with the Wise Use Movement •Blue Ribbon Coalition - umbrella organization of the WiseUse movement •Center for the Defense of Free Enterprise - sponsored three conferences establishing the Wise-Use movement •Land Center, The - instrumental in drawing up the Catron County, NM, land use plan and ordinance •National Cattlemen's Association – preserve public land grazing rights and fees •Public Lands Council - Organization devoted to preserving public land grazing rights and fees for Western cattle and sheep ranchers •Wilderness Impact Research Foundation - 231 affiliated groups •Wise Use Agenda - Twenty-five point program adopted by more than 240 Wise Use Movement groups Property-Rights Movement Federal Worker Threats Home Rule Memo Western States Coalition Wise-Use Movement Catron County Ordinance Legal Litigation County Rights Trends in Ownership Future of Public Lands Catron County Ordinance Land Use Plan Ordinance Values and Ethics: •Advocate the rights of private property owners and local governments according to the Constitution •These ordinances attempt to weaken five acts set forth by the federal government. - 1-3). Adopts the U.S. Civil Rights Act - 4). Adopts the Public Rangeland Improvement Act - 5). Adopts a land use plan emphasizing resource extraction States with Catron county land use plan ordinances: •California, Idaho, Montana, New Mexico, Oregon, Utah, Washington States considering Catron county land use plan ordinances: •Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, Washington, Wyoming Property-Rights Movement Federal Worker Threats Home Rule Memo Western States Coalition Wise-Use Movement Catron County Ordinance Legal Litigation County Rights Trends in Ownership Future of Public Lands Court Cases Current litigation regarding range management issues. •McKinley v. United States: The complaint alleged that the Forest Service improperly reduced the number of cattle authorized under the permittee plaintiff's grazing permit •Hage v. United States: Complaint alleged that the Forest Service has taken permittee plaintiff's private property without just compensation contrary to the fifth amendment •Federal Lands Legal Foundation v. U.S.F.S.: This complaint alleged that the FS failed to promulgate regulations under Section 8 of the Public Rangelands Improvement Act •Rogers v. Borden: Plaintiff alleged that the Forest Service's negligence in failing to enforce permit terms and conditions resulted in a permittee's cattle straying from an allotment onto plaintiff's property and causing damage •Poorbaurh v. United States: Plaintiff alleges that the agency negligently allowed recreationists to trespass on plaintiff's private property adjacent to National Forest land and also failed to prevent cattle permitted to graze on National Forest land from trespassing on plaintiff's property. Property-Rights Movement Federal Worker Threats Home Rule Memo Western States Coalition Wise-Use Movement Catron County Ordinance Legal Litigation County Rights Trends in Ownership Future of Public Lands County Rights Ordinance United State Department of Agriculture Report County Petitions: •Residents in some counties are voting on whether the county should recognize the federal government’s lack of authority to possess unconstitutionally held land •Petitioners contend that the federal government has no authority to manage lands except for needful buildings. •Federal ownership is not authorized and should be under county jurisdiction Three issues considered by the petition: •1.)The United States owns the National Forests and Constitution gives Congress the power to make regulations on the property of the United States •2.)After Congress created the National Forests, their administration and law-making was transferred to the Secretary of Agriculture •3.)The Secretary delegated the authority to an Assistant Secretary, who then delegated the power to the Chief of the Forest Service Property-Rights Movement Federal Worker Threats Home Rule Memo Western States Coalition Wise-Use Movement Catron County Ordinance Legal Litigation County Rights Trends in Ownership Future of Public Lands Trends in Federal Land Ownership House Resources Hearing Summary Speaker Remarks: •Large federal acreage locked up for preservation •Affecting the economic base of local communities •95 million acres locked up to become wilderness •Forest Service is moving from multiple-use management and closer to preservation management philosophy •Resource agencies have been infiltrated by preservationists •Republican agenda for this meeting was to set the stage for future evaluation of the “negative economic impacts of federal land ownership.” Property-Rights Movement Federal Worker Threats Home Rule Memo Western States Coalition Wise-Use Movement Catron County Ordinance Legal Litigation County Rights Trends in Ownership Future of Public Lands Future of Public Lands Documentation from Dr. Jerry Franklin Warning about the Future of public lands: •Federal land is under attack •Challenge to federal ownership is mounted by congressional interests and their allies •Environmental groups and scientists are unwittingly assisting in creating a case for disposal of federal lands •More than a “Sagebrush Rebellion,” or Wise-Use Movement. -a well-organized movement to take federal land •One concept is to allocate the federal lands to “dominant use” •Discrediting the federal land management agencies •“Stealth” effort to dispose of public lands •Efforts to dispose of the federal lands should not be characterized as proposals by commodity interests Conclusion: •Think analytically about the importance of the public land •Bring the political agenda of proposals into the open to create a forum for debate Property-Rights Movement Federal Worker Threats Home Rule Memo Western States Coalition Wise-Use Movement Catron County Ordinance Legal Litigation County Rights Trends in Ownership Future of Public Lands