'Use Whatever Means Are
Available' - Forest Service wants
people, cattle out
by Luther Broaddus III America's country
editor, Emeritus
PFNS, Alamogordo, NM - 8/25/02 - "The big
picture is to stop ranching on the national
forest, and stop people from living in the
national forest." This ominous warning
was given by a Forest Service employee to a
group of ranchers at a meeting in Silver City
eight years ago. The people who heard this
were astonished to learn such a program was
the official policy of the
government. This statement came from a person
who had been "socializing," and it
was felt he might have been exaggerating in
hopes of expanding his ego. However, the
actions of the Forest Service over recent
years prove the man's warnings to be correct,
and now, an Undersecretary of Agriculture has
publicly verified this policy.
At the recent Arizona/New Mexico Coalition of
County Governments meeting in Glenwood, the
audience heard a number of horror stories.
They were stories about how people had been
forced out of ranching through arbitrary
decisions by Forest Service personnel that all
had one goal: to put the rancher out of
business, and off their deeded lands.
In one case, a longtime Catron County rancher
had his permit reduced from over eight hundred
head, to just over two hundred head. This
Reserve family has a file "three inches
thick," with directives and appeals and,
reportedly, not one reference was made to any
range monitoring data. If the Forest Service
is going to cut an allotment by more than 70
percent, their decisions must be backed up by
on-site data, prepared by trained
professionals with range monitoring
experience...not an opinion prepared with the
predetermined intent of destroying the
economic viability of the operation.
Another story was of Abbe Springs, a Socorro
County ranch that had its allotment cut from
335 head, year 'round, to 220 head...for six
months. This would force the rancher to buy
and sell every six months...an impossible
situation. In frustration, the rancher sold
his deeded land to a developer. Now, even
though Socorro County has approved these
deeded lands being
subdivided, the Forest Service is refusing
access to any land wherein the owner has to
cross Forest Service lands. This is in direct
violation of federal law and the Forest
Service's own policy manual, which
specifically authorizes "right of
way" to private land owners.
There were two federal agency speakers from
Washington at the August meeting of the
Arizona/New Mexico Coalition of County
Governments. One was from the Bureau of Land
Management (BLM), and the other from the
Forest Service. Both of these men prefaced
their remarks by reminding the audience they
should be thankful they were now under George
Bush's administration rather than Al Gore's.
The Forest Service representative, Mark Rey,
is the Undersecretary of the U.S. Department
of Agriculture (USDA) for Natural Resources
and
Environmental Affairs, and head of the Forest
Service. He stated the determination of his
department was that the most significant
problem in federal lands in the Southwest was
the sale of ranchers' deeded lands to
subdividers for private homes. This was
having an adverse effect on clean water,
endangered species, and local wildlife.
His (USDA's) policy is to move as quickly as
possible to stop ranchers from selling their
deeded lands for homes. This was exactly the
position of the Clinton administration and an
almost verbatim quote of the Silver City
meeting's Forest Service employee, made eight
years ago. Rey said he is directing all
departments to immediately stop all
subdividing of private lands located within
national forests, and where they couldn't stop
it, to use "whatever means are
available" to slow it down.
This is exactly what Rey's Forest Service
underlings are doing to the developer of the
Socorro County ranch's deeded lands. After the
developer satisfied the County subdivision
requirements, the Forest Service started to
use "whatever means are available"
to slow him down. Although the County already
approved his plan, wherein 57 percent of the
subdivision was accessible by a
county-maintained road, and mostly sold out;
the Forest Service is now concentrating on
stopping access to the "checker
boarded" lands. In this action, the
Forest Service is honoring neither New Mexico
state law, which prohibits a person from
"land locking" another person; nor
federal law, as described in the Federal Land
Policy Management Act of 1976 (FLPMA), wherein
the procedure for granting rights-of-way
across federal lands is specified.
The subdivider paid $25,000 for an
environmental assessment, which was prepared
by a Forest Service approved contractor, only
to be told: "Re-do it," which they
did. Now, on orders from the Albuquerque
office, the Magdalena District Ranger has told
the subdivider that they want to see yet
another study. This one is to be an
archeological assessment of the deeded land
the subdivider is keeping.
It is none of the federal government's
business what is on his private land. If this
order is allowed to stand, perhaps the next
short step will be to have selected studies,
paid for by ranchers, on not only forest
grazing allotments, but also BLM and State
land leases.
The point person carrying the torch and
causing these problems is Sue McHenry. She
will probably get a medal from Mr. Rey for
carrying out his orders with unbridled
enthusiasm. She called, with actual glee in
her voice, to tell me the subdivider was going
to have to jump through one more hoop. She
must be using, as Mark Ray says,
"whatever means are available," to
slow
this subdivision down.
An environmentalist has threatened the Forest
Service that if they approve the proposed
exchange of easements, he will sue, and that
is double bad because the new Forest
Supervisor for this region is scared to death
of environmentalists. He is Harvey Forsgren,
the man responsible for allowing four young
people to die fighting a forest fire, rather
than risk being
criticized by an environmental group for using
water from an endangered species critical
habitat river. Perhaps Ms. McHenry will get
three medals for her efforts to stomp out
property rights: one from Mr. Rey; one from an
archeological society; and one from Mr.
Forsgren.
When asked to explain his ordering the
trampling of private property rights by having
the federal government interfere with the
transfer of private property between two
citizens; Rey said not to worry; he was
planning to get federal funds to mitigate any
economic hardship his order might cause a
rancher. How about that?
The USDA's Forest Service uses arbitrary rules
to force ranchers off their ranches. Then they
use more federal power to prohibit or make it
difficult for them to sell their private land.
Finally, they use federal handouts to keep
those citizens from complaining too loudly.
This type of action is the reason the two
major political parties are known in this area
as Socialist Party A, and Socialist Party B.
Although these two bureaucrats piously told
everyone they should be happy George Bush won
the election, it is apparent that for all
practical purposes, all the election did was
change the safety pins and leave the dirty
diaper on the baby. Arizona and New Mexico
ranchers are as bad off
under Bush as they would have been under Gore.
They just do not know it...yet.
What is the answer? It will not be easy or
fast. Congress will need to fix it.
There must be a new law specifically granting
citizens the protection of Article III courts
in all matters. Today, people accused of
violating the Endangered Species Act, the
Clean Water Act, the Environmental Protection
Agency's administrative ruling, etc. are tried
in Article IV courts. Article III Courts are
Constitutional courts. Article IV Courts are
legislative courts wherein people have their
Constitutional protection stripped from them
as they step through the courtroom door.
If you are interested in securing a copy of
the data, including Supreme Court decisions,
describing a person's rights under Article III
and Article IV courts, send $2 with a SASE,
to: Luther's Comments, PO Box 500, Magdalena,
NM 87825.
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