Grazing rights in Nevada

Last updated

Grazing rights in Nevada covers a number of rangeland Federal and state laws and regulations applicable to the state of Nevada. Rangelands are distinguished from pasture lands because they grow primarily native vegetation, rather than plants established by humans. Ranchers may lease or obtain permits to use portions of this public rangeland and pay a fee based on the number and type of livestock and the period for which they are on the land. [1]

Contents

History

The United States purchased land from Mexico in 1848 known as the Mexican Cession (the southwestern region of the U.S.) as part of the Treaty of Guadalupe Hidalgo. The Nevada Territory, which was partitioned in 1861 from the Utah Territory, became a state in 1864. Since then, the US government has continuously owned land in Nevada, including the Bunkerville Allotment. [2] [3] Federal rangelands in Nevada have been since 1934 managed principally by either the Bureau of Land Management, its predecessor the United States Grazing Service, or the United States Forest Service. Currently, 56,961,778 acres of land in Nevada are managed by the BLM. Over 18,000 grazing permits and leases are known to exist on BLM managed public lands. Season of use and forage use are stipulated on the permits and leases; grazing control can be targeted. [4] [5]

Federal rangeland laws

Map of all federally owned land in the United States. The area in yellow represents land managed by the Bureau of Land Management US federal land.agencies.svg
Map of all federally owned land in the United States. The area in yellow represents land managed by the Bureau of Land Management

Laws that apply to management of public land grazing are generally codified in Title 43 of the United States Code and include the Taylor Grazing Act of 1934 (TGA), the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, the Federal Land Policy and Management Act of 1976, the Public Rangelands Improvement Act of 1978, [1] and the Wild and Free-Roaming Horses and Burros Act of 1971.

In 1933, Edward T. Taylor, a Representative from Colorado, reintroduced a bill to set up the grazing bureau or service in the Department of Interior to administer range lands. [6] The TGA [a] regulates grazing on public lands (excluding in Alaska) to improve rangeland conditions. The Grazing Service was merged with the United States General Land Office in 1946 to form the Bureau of Land Management (BLM). [7]

Prior to the enactment of the TGA, an open-range system existed on public domain land. [8] The TGA was enacted by Congress to prevent overgrazing of rangelands, [9] and authorized the permitted use of lands designated as available for livestock grazing while specifying that grazing permits convey no right, title, or interest to such lands. [10] This definition was unanimously upheld by the United States Supreme Court in 2000. [11] The TGA allows the BLM to increase or decrease the utilization of a grazing area in response to changing ecological conditions, and specifies that permits are subject to periodic review at least every 10 years, with holders having preferential rights to renew "in the discretion of the Secretary of the Interior." [10]

Nevada rangeland laws

An article written by University of Nevada Cooperative Extension Educators Gary McCuin and Steve Foster, highlights the Nevada Open Range Law of 1893, a state statute under which "owners of ... livestock running at large on the ranges or commons” were exempted from state civil liability for trespass, and the open range was defined as “all unenclosed land outside of cities and towns upon which cattle, sheep or other domestic animals by custom, license, lease or permit are grazed”. [12] However, the federal Taylor Grazing Act has further regulated grazing on federal land since 1934, and violators may be subject to federal civil and criminal liability. [10]

Federal rangeland grazing regulations

The Bureau of Land Management manages about 167 million acres (676,000 km²) of publicly owned rangeland in the United States, with the United States Forest Service managing approximately 95 million acres (380,000 km²) more. [1] Permittees on federal rangelands are required to pay a fee, and the permit cannot exceed ten years but is renewable.

Any US citizen or validly licensed business can apply for a BLM grazing permit or lease. To do so, one must either buy or control private property (known as "base property") that has been legally recognized by the Bureau as having preference for the use of public land grazing privileges, or acquire property that has the capability to serve as base property and then apply to the BLM to transfer the preference for grazing privileges from an existing base property to the acquired property (which would become the new "base property"). [1]

Federal rangeland regulatory changes in 1993

The grazing rules for the land went through changes over the years, including some updated grazing rules in 1993 in the Gold Butte and Bunkerville land area of Nevada.[ citation needed ] Among other issues, the 1993 rules were changed to protect the vulnerable desert tortoise. [13] Other rules included limits to the number of cattle allowed in certain areas [14] to protect the lands from the severe overgrazing caused by less regulation in previous years and to help the land recover from recent wildfires. [15] Currently there are no grazing permits on the Bunkerville allotment, and any livestock on that land are there illegally. [13]

Bundy standoff

The Bundy standoff is a 20-year legal dispute between the United States Bureau of Land Management (BLM) and cattle rancher Cliven Bundy in southeastern Nevada over unpaid grazing fees that eventually developed into an armed confrontation between protesters and law enforcement. The dispute began in 1993, when in protest against changes to grazing rules, Bundy declined to renew his permit for cattle grazing on BLM-administered lands near Bunkerville, Nevada. [2] In 1998, Bundy was prohibited from grazing his cattle on the Bunkerville Allotment by the United States District Court for the District of Nevada in United States v. Bundy. [2] In July 2013, the BLM complaint was supplemented when federal judge Lloyd D. George ordered that Bundy refrain from trespass on federally administered land in the Gold Butte, Nevada, area in Clark County. [16]

On March 27, 2014, 145,604 acres of federal land in Clark County, Nevada were temporarily closed for the "capture, impound, and removal of trespass cattle". [14] A trespass cattle roundup commenced on April 5, an arrest was made on April 6. On April 12, a group of protesters, some of whom were armed [17] advanced on what the BLM described as a "cattle gather." [18] Sheriff Doug Gillespie negotiated with Cliven Bundy and newly confirmed BLM director, Neil Kornze, [19] who elected to release the cattle and de-escalate the situation. [20] [21]

United States v. Gardner

Cliff Gardner, a defendant in an illegal cattle grazing court case in Nevada, [22] United States v. Gardner, [23] drew comparisons to his case when he said, "I think Cliven is taking a stand not only for family ranchers, but also for every freedom-loving American, for everyone. [22] I’ve been trying to resolve these same types of issues since 1984." [22] Gardner argued and lost on states' rights, similar to Bundy, [2] [22] [23] and eventually served time for ignoring court orders and contempt. [22] The Gardner case is cited in Bundy court filings. In United States v. Gardner, decided in the District Court and later affirmed by the United States Court of Appeals, Ninth Circuit, the Gardners did not contest that they grazed livestock without a permit, nor the amount of the fee assessed. Instead, they asserted that the Nevadan lands where they grazed did not belong to the United States, and therefore the Forest Service did not have jurisdiction to regulate use of the lands or levy fees for unauthorized activities within them. [23] In March 2002, Cliff Gardner was sentenced to a month in a Reno halfway house, along with a $5,000 fine and a year of probation. [22]

United States v. Bundy

The case of United States v. Bundy played out over many years in the United States District Court for the District of Nevada. It involved court orders, injunctions, and notices. Bundy argued pro se that the land belongs to the state, while the Bureau of Land Management was represented by the US Attorney's Office for Nevada and the United States Department of Justice. [24] The court ruled that the land on which Bundy was grazing his cattle was indeed owned by the federal government, that he had not been paying to use it as he should have been, that Bundy and his cattle were trespassing, and that the government had the right to enforce the injunctions against trespass. The court found that Bundy repeatedly violated the court orders and continued to have his cattle trespass. [24] [25]

United States v. Hage

Elko County commissioner, Nevada rancher, and conservative Republican political activist Demar Dahl "notes that Bundy might benefit from following Nye County rancher Wayne Hage, who won a protracted battle with the federal government by successfully arguing that he had the right to graze his cows within two miles of water sources he developed." [26] In a similar case to Bundy's, ranchers in 2007 were sued by the Justice Department for trespassing on public domain lands in Nevada. [26] [27] The ranchers were alleged to have repeatedly grazed livestock without federal permits, despite repeated trespass notices from the BLM and the Department of Agriculture's Forest Service. [27] In 2013, the court found in favor of the ranchers for all other charges, including water rights, [26] grazing rights, and all but two livestock trespass charges in United States v. Wayne Hage. In the ruling, the judge said, "government officials ... entered into a literal, intentional conspiracy to deprive the Hages not only of their permits but also of their vested water rights. This behavior shocks the conscience of the Court and provides a sufficient basis for a finding of irreparable harm to support the injunction described at the end of this Order." [28]

See also

Notes

  1. ↑ 43 U.S. Code §§ 315-316o (P.L. 73-482)

Related Research Articles

<span class="mw-page-title-main">Bureau of Land Management</span> Agency within the US Department of the Interior

The Bureau of Land Management (BLM) is an agency within the United States Department of the Interior responsible for administering U.S. federal lands. Headquartered in Washington, D.C., the BLM oversees more than 247.3 million acres (1,001,000 km2) of land, or one-eighth of the United States's total landmass.

<span class="mw-page-title-main">Bunkerville, Nevada</span> Unincorporated town in the State of Nevada, United States

Bunkerville is a census-designated place in Clark County, Nevada, United States. The population was 1,303 at the 2010 census.

<span class="mw-page-title-main">Mary Dann and Carrie Dann</span> Native American Western Shoshone activists

The Dann Sisters, Mary Dann (1923–2005) and Carrie Dann (1932–2021), were Western Shoshone elders who were spiritual leaders, ranchers, and cultural, spiritual rights and land rights activists. They challenged the federal government over uses of their tribe's traditional land, in a case that reached the United States Supreme Court as U.S. v. Dann.

<span class="mw-page-title-main">Taylor Grazing Act of 1934</span>

The Taylor Grazing Act of 1934 is a United States federal law that provides for the regulation of grazing on the public lands to improve rangeland conditions and regulate their use.

<span class="mw-page-title-main">United States Grazing Service</span> Organization

The United States Grazing Service (USGS) was established in 1934 as part of the Taylor Grazing Act. This act was designed to control the destruction of public land due to overgrazing, which had become a problem across western states like Colorado, Wyoming and Montana. The USGS oversees grazing on these lands and regulates the amount of livestock that can be grazed to ensure that the land remains healthy and productive. The USGS also serves as an advocate for ranchers, helping them access permits, utilize water rights, comply with local regulations, and even negotiate grazing leases on public lands.

<span class="mw-page-title-main">Grazing rights</span> Legal right of a livestock owner to allow their animals to feed in a given area

Grazing rights is the right of a user to allow their livestock to feed (graze) in a given area.

Kleppe v. New Mexico, 426 U.S. 529 (1976), was a United States Supreme Court decision that unanimously held the Wild and Free-Roaming Horses and Burros Act of 1971, passed in 1971 by the United States Congress to protect these animals from "capture, branding, harassment, or death", to be a constitutional exercise of congressional power. In February 1974, the New Mexico Livestock Board rounded up and sold 19 unbranded burros from Bureau of Land Management (BLM) land. When the BLM demanded the animals' return, the state filed suit claiming that the Wild Free-Roaming Horses and Burros Act was unconstitutional, claiming the federal government did not have the power to control animals in federal lands unless they were items in interstate commerce or causing damage to the public lands.

<span class="mw-page-title-main">Trout Creek Mountains</span> Mountain in United States of America

The Trout Creek Mountains are a remote, semi-arid Great Basin mountain range mostly in southeastern Oregon and partially in northern Nevada in the United States. The range's highest point is Orevada View Benchmark, 8,506 feet (2,593 m) above sea level, in Nevada. Disaster Peak, elevation 7,781 feet (2,372 m), is another prominent summit in the Nevada portion of the mountains.

<span class="mw-page-title-main">August Ludwig Hormay</span> American ecologist

August Ludwig Hormay (1907–1999) developed and applied the concept of the rest-rotation grazing management system in areas of the Western United States. Rest-rotation rangeland management system uses deferred grazing to manage increased plant reproduction and maintenance, while providing grazing lands for both livestock and wildlife. Gus Hormay's rest-rotation management system was developed to increase a healthy plant community, watershed, soil and wildlife habitat, while at the same time increasing livestock production. It has been in use in various forms since the mid-1960s as a rangeland management tool.

<span class="mw-page-title-main">American Prairie (nature reserve)</span> Nature reserve in Montana, United States

American Prairie is a prairie-based nature reserve in Central Montana, United States, on a shortgrass prairie ecosystem with migration corridors and native wildlife. This wildlife conservation area is being developed as a private project of the American Prairie Foundation (APF), a non-profit organization. The reserve covers 462,803 acres (187,290 ha). The organization hopes to expand it greatly through a combination of both private and public lands.

The Pryor Mountains Wild Horse Range is a refuge for a historically significant herd of free-roaming mustangs, the Pryor Mountain mustang, feral horses colloquially called "wild horses", located in the Pryor Mountains of Montana and Wyoming in the United States. The range has an area of 39,650 acres (160.5 km2) and was established in 1968 along the Montana–Wyoming border as the first protected refuge dedicated exclusively for mustangs. It was the second feral horse refuge in the United States. About a quarter of the refuge lies within the Bighorn Canyon National Recreation Area. A group of federal agencies, led by the Bureau of Land Management, administers the range.

<span class="mw-page-title-main">Wild and Free-Roaming Horses and Burros Act of 1971</span> 1971 Act of Congress

The Wild and Free-Roaming Horses and Burros Act of 1971 (WFRHBA), is an Act of Congress, signed into law by President Richard M. Nixon on December 18, 1971. The act covered the management, protection and study of "unbranded and unclaimed horses and burros on public lands in the United States."

<span class="mw-page-title-main">Open range</span> Rangeland where cattle roam freely regardless of land ownership

In the Western United States and Canada, open range is rangeland where cattle roam freely regardless of land ownership. Where there are "open range" laws, those wanting to keep animals off their property must erect a fence to keep animals out; this applies to public roads as well. Land in open range that is designated as part of a "herd district" reverses liabilities, requiring an animal's owner to fence it in or otherwise keep it on the person's own property. Most eastern states and jurisdictions in Canada require owners to fence in or herd their livestock.

<span class="mw-page-title-main">Free-roaming horse management in North America</span>

Management of free-roaming feral and semi-feral horses, on various public or tribal lands in North America is accomplished under the authority of law, either by the government of jurisdiction or efforts of private groups. In western Canada, management is a provincial matter, with several associations and societies helping to manage wild horses in British Columbia and Alberta. In Nova Scotia, and various locations in the United States, management is under the jurisdiction of various federal agencies. The largest population of free-roaming horses is found in the Western United States. Here, most of them are protected under the Wild and Free-Roaming Horses and Burros Act of 1971 (WFRH&BA), and their management is primarily undertaken by the Bureau of Land Management (BLM), but also by the U. S. Forest Service (USFS)

The 2014 Bundy standoff was an armed confrontation between supporters of cattle rancher Cliven Bundy and law enforcement following a 21-year legal dispute in which the United States Bureau of Land Management (BLM) obtained court orders directing Bundy to pay over $1 million in withheld grazing fees for Bundy's use of federally owned land adjacent to Bundy's ranch in southeastern Nevada.

<span class="mw-page-title-main">Cliven Bundy</span> American cattle rancher

Cliven D. Bundy is an American cattle rancher known for his role in the 2014 Bundy standoff. Bundy has advocated a philosophy opposed to what he views as federal government overreach. He is the father of Ammon Bundy, who in 2016 also led another armed standoff against the government, the occupation of the Malheur National Wildlife Refuge in Oregon.

<span class="mw-page-title-main">Citizens for Constitutional Freedom</span> Armed private U.S. militia

Citizens for Constitutional Freedom (C4CF), later also known as People for Constitutional Freedom (P4CF), was the name taken on January 4, 2016, by an armed private U.S. militia that occupied the U.S. Fish and Wildlife Service's Malheur National Wildlife Refuge headquarters in the U.S. state of Oregon from January 2 to February 11, 2016. The leader of the organization was Ammon Bundy, son of Cliven D. Bundy, who engaged in a standoff with the federal government over grazing rights on federal land.

<span class="mw-page-title-main">Ammon Bundy</span> American anti-government activist

Ammon Edward Bundy is an American anti-government militant and activist who led the 2016 occupation of the Malheur National Wildlife Refuge in Oregon. He is the son of rancher Cliven Bundy, who was the central figure in the 2014 Bundy standoff in Nevada regarding unpaid grazing fees on federally-owned public land.

United States v. Hammond was a court case in Oregon, United States, culminating from 20-year-long legal disputes between Harney County ranchers Dwight Lincoln Hammond Jr., 73, his son Steven Dwight Hammond, 46, and federal officials. In 2012, both Hammonds were charged with several counts in relation to two fires in 2001 and 2006, and eventually convicted of two counts of arson on federal land. Knowing they would face the statutory minimum of five years, the men waived their right to appeal these convictions in exchange for dismissal of several unresolved charges. After this mid-trial agreement was entered, the Hammonds were sentenced to a few months in jail, which they served. In 2015, the United States Court of Appeals for the Ninth Circuit vacated these sentences because they were shorter than the statutory mandatory minimum. The Ninth Circuit remanded to the district court for resentencing. The district court subsequently re-sentenced both Hammonds to the mandatory minimum of five years in prison, with credit for time served.

Ryan C. Bundy is an American cattle rancher and former Independent candidate in Nevada's 2018 Gubernatorial Election. He is the brother of Ammon Bundy and the son of Cliven Bundy, who was a central figure in the 2014 Bundy standoff in Bunkerville, Nevada over the issue of state sovereignty and federal land ownership within Nevada State, Ryan Bundy was noted as a participant and leader in both the 2014 Bundy standoff and the 2016 occupation of the Malheur National Wildlife Refuge in Oregon.

References

  1. 1 2 3 4 "Rangelands/Grazing". Bureau of Land Management. Archived from the original on August 26, 2014. Retrieved April 15, 2014.
  2. 1 2 3 4 Decision and Order - United States v Bundy - 1998. United States District Court for the District of Nevada. November 3, 1998. p. 5.
  3. ↑ Gray, Tom. "Teaching With Documents: The Treaty of Guadalupe Hidalgo". National Archives and Records Administration. Retrieved April 24, 2014.
  4. ↑ Ross W. Gorte; Carol Hardy Vincent; Laura A. Hanson; Marc R. Rosenblum (8 February 2012). "Federal Land Ownership: Overview and Data" (PDF). Table 1. Federal Land by State, 2010. Congressional Research Service. Retrieved 28 April 2014.
  5. ↑ "Fact Sheet on the BLM's Management of Livestock Grazing". United States Department of the Interior Bureau of Land Management. March 28, 2014. Archived from the original on November 29, 2014. Retrieved April 24, 2014.
  6. ↑ Steen, Harold K. The United States Forest Service A History University of Washington Press, 1976, p. 205 ISBN   0-295-95523-6
  7. ↑ Muhn, J; Stuart, H.R. (1988). Opportunities and challenge: The story of the BLM. Washington, DC: Government Printing Office. p.  54.
  8. ↑ wyohistory.org: "The Wyoming Sheep Business" (Western)
  9. ↑ Donahue D. 2005. Western grazing: the capture of grass, ground, and government. Environmental Law 35:721-806.
  10. 1 2 3 "PART 4100—GRAZING ADMINISTRATION—EXCLUSIVE OF ALASKA" [ permanent dead link ]. United States Code of Federal Regulations 4130.2 (c) April 22, 2014.
  11. ↑ Public Lands Council v. Babbitt, 2000
  12. ↑ unr.edu: "Fact Sheet-10-69 NEVADA OPEN RANGE LAW" (McCuin and Foster)
  13. 1 2 Fuller, Jaimie (28 April 2014). "Everything you need to know about the long fight between Cliven Bundy and the federal government". Washington Post. Retrieved 28 April 2014.
  14. 1 2 Bureau of Land Management. "Environmental Assessment Temporary Land Closure Corrals and Cattle Impoundment" (PDF). Archived from the original (PDF) on April 13, 2014.
  15. ↑ "Nevada Governor Calls Federal Cattle Roundup 'Intimidation'". CBS Las Vegas. April 9, 2014. Archived from the original on April 14, 2014. Retrieved April 14, 2014.
  16. ↑ "United States of America v. Bundy - Document 35 - Court Description: ORDER Granting 18 Motion for Summary Judgment. Denying as moot 28 Motion to Dismiss. Signed by Judge Lloyd D. George on 7/9/2013". Justia. July 9, 2013.
  17. ↑ Kavanaugh, Shane Dixon (14 April 2014). "American Militias Emboldened by Victory at Bundy Ranch". Vocativ. Archived from the original on 30 April 2014. Retrieved 29 April 2014.
  18. ↑ Cattle Gather Operation Concluded Archived 2014-05-02 at the Wayback Machine , Bureau of Land Management, April 12, 2014
  19. ↑ Itkowitz, Kolby (8 April 2014). "Senate confirms Neil Kornze as BLM director". The Washington Post . Retrieved 29 April 2014.
  20. ↑ Tom Ragan and, Annalise Porter (April 12, 2014). "BLM releases Bundy cattle after protesters block southbound I-15". Las Vegas Review-Journal. Retrieved April 14, 2014.
  21. ↑ Rancher vs BLM: a 20-year standoff ends with tense roundup, Christi Turner, High Country News, April 11, 2014
  22. 1 2 3 4 5 6 Fuller, Jaime (April 15, 2014). "Everything you need to know about the long fight between Cliven Bundy and the federal government". Washington Post. Retrieved April 15, 2014.
  23. 1 2 3 United States Court of Appeals, Ninth Circuit. "UNITED STATES of America, Plaintiff-Appellee, v. Clifford GARDNER; Bertha Gardner, Defendants-Appellants". US Federal Government. Retrieved April 16, 2014.
  24. 1 2 Martinez, Michael (April 10, 2014). "Showdown on the range: Nevada rancher, feds face off over cattle grazing rights". CNN. Retrieved April 10, 2014.
  25. ↑ "United States v Bundy" (PDF). United States District Court for the District of Nevada. October 9, 2013. Archived from the original (PDF) on May 14, 2014.
  26. 1 2 3 Smith, John L. (April 16, 2014). "Nevada rancher questions Bundy's legal strategy". Las Vegas Review-Journal. Retrieved April 17, 2014.
  27. 1 2 US Government, Department of Justice. "United States Sues to Stop Illegal Grazing on Federal Lands". US Government. Retrieved April 14, 2014.
  28. ↑ "UNITED STATES OF AMERICA, Plaintiff, vs. ESTATE OF E. WAYNE HAGE et al., Defendants" (PDF). United States District Court for the District of Nevada/Ranchers-Cattlemen Action Legal Fund. May 23, 2013. Archived from the original (PDF) on April 23, 2014. Retrieved May 3, 2014. 2:07-cv-01154-RCJ-VCF
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.