Public Service: Let’s get firmly fixed in our minds at the outset that we are public servants, employed by the public and paid by the public from funds provided by taxation in some form. We are responsible to the entire public and are not bureaucratic bosses to work our will upon the public as we see fit. Taylor Grazing Act, 1934
Begin Ms. Cox’s remarks:
“I have had people ask me to explain my dad’s stance on this BLM fight. Here it is in as simple of terms as I can explain it. There is so much to it, but here it s in a nut shell.
My great grandpa bought the rights to the Bunkerville allotment back in 1887 around there. Then he sold them to my grandpa who then turned them over to my dad in 1972. These men bought and paid for their rights to the range and also built waters, fences and roads to assure the survival of their cattle, all with their own money, not with tax dollars.
The rights to the land use are called preemptive rights. [which Cliven Bundy has cited.]
Some where down the line, to keep the cows from over grazing, came the Bureau of Land Management. They were supposed to assist the ranchers in the management of their ranges while the ranchers paid a yearly allotment which was to be use to pay the BLM wages and to help with repairs and improvements of the ranches. My dad did pay his grazing fees for years to the BLM until they were no longer using his fees to help him and to improve.
Instead they began using these monies against the ranchers. They bought all the rest of the ranchers in the area out with they’re own grazing fees. When they offered to buy my dad out for a penance he said no thanks and then fired them because they weren’t doing their job. He quit paying the BLM and tried giving his grazing fees to the county, which they turned down.
So my dad just went on running his ranch and making his own improvements with his own equipment and his own money, not taxes.
In essence the BLM was managing my dad out of business. Well when buying him out didn’t work, they used the endangered species card. You’ve already heard about the desert tortoise.
Well that didn’t work either, so then began the threats and the court orders, which my dad has proven to be unlawful for all these years. Now they’re desperate. It’s come down to buying the brand inspector off and threatening the County Sheriff.
Everything their doing at this point is illegal and totally against the Constitution of the United States of America.
Then there’s the issue of the cattle that are at this moment being stolen. See even if dad hasn’t paid them, those cattle belong to him, regardless of where they are they are my father’s property. His herd has been part of that range for over a hundred years, long before the BLM even existed.
Now the Feds think they can just come in and remove them and sell them without a legal brand inspection or without my dad’s signature on it. They think they can take them over two borders, which is illegal, ask any trucker.
Then they plan to take them to the Richfield Auction and sell them. All this with our tax money. They have paid off the contract cowboys and the auction owner as well as the Nevada brand inspector with our tax dollars. See how slick they are? Well, this is it in a nut shell. Thanks”
BennSwann.com published Ms. Cox’s statement. I don’t know if it was submitted directly to him from her or perhaps was posted on her Facebook page, where she has been posting regularly.
The Bureau of Land Management (BLM) was formed in 1946, formally known as US Grazing Service (1939), formerly the Taylor Grazing Act (1934).
The controversial grazing land is “public land,” not federal land. The Bureau of Land Management (BLM) ‘manages’ some 245 million acres of public lands. Of the 245 million, 155 million acres allow livestock grazing — under Federal Law, which is The current Federal Law is 43 Code of Federal Regulations Part 4100
The BLM administers nearly 18,000 permits and leases held by ranchers who graze their livestock, mostly cattle and sheep, at least part of the year on more than 21,000 allotments under BLM management…
In managing livestock grazing on public rangelands, the BLM’s overall objective is to ensure the long-term health and productivity of these lands and to create multiple environmental benefits that result from healthy watersheds.
The Bureau administers public land ranching in accordance with the Taylor Grazing Act of 1934, [Signed by Franklin Roosevelt] and in so doing provides livestock-based economic opportunities in rural communities while contributing to the West’s, and America’s, social fabric and identity. Together, public lands and the adjacent private ranches maintain open spaces in the fast-growing West, provide habitat for wildlife, offer a myriad of recreational opportunities for public land users, and help preserve the character of the rural West.
At some point, the current public law differs from the Taylor Grazing Act of 1934 in four critical ways, and changes “permits” to “leases;” one shown below:
Section 15 of the Act
Section 15 of the Taylor Grazing Act concerns issuing grazing leases on public lands outside the original grazing district boundaries. It states that “The Secretary of the Interior is further authorized, in his discretion, where vacant, unappropriated, and unreserved lands of the public domain are so situated . . . . to lease any such lands for grazing purposes, upon such terms and conditions as the Secretary may prescribe . .
Domestic Use Grazing Permits: Under Section 15, no provision for free domestic use or subsistence grazing on the section 15 lease lands is made.
From 1934 to 1968, grazing use on the 16 million acres of Section 15 public lands was authorized under 10-year leases. Grazing fees were assessed on an acreage basis. Lessees were required to pay the lease regard-less of whether or not they actually had livestock on the leased lands. No provisions were made for refund or nonpayment due to drought, fire, or other factors.
In August 1968, regulation changes were implemented to place the Section 15 public lands under “multiple use management” (43 CFR 4125.1-1). Key changes made to the regulations are as follows.
- Allowed for joint use of the leased area by two or more lessees.
- Prohibited locked gates or other actions by the lessee to prevent or interfere with lawful public use of the public land.
- Established a framework for cooperation between BLM and lessees to develop allotment management plans aimed at improving resource conditions.
- Established construction standards for fences and other projects constructed by the lessees to assure multiple use objectives were met.
- Changed grazing fee charges from an acreage basis to payment for forage consumed as measured by animal unit months (AUMs).
The Federal Land Policy and Management Policy Act of 1976 (FLPMA) was passed to establish policy for managing BLM-administered public lands. To ensure long-term stability and use of BLM-administered public lands by the live-stock industry, FLPMA authorized 10-year grazing permits and required a two-year notice of cancellation. The Act also directed grazing advisory boards (formed under the Taylor Grazing Act) to guide the BLM in developing allotment management plans and allocating range betterment funds
The final rule change:
Standards for Healthy Rangelands and Guidelines for Livestock Grazing Management became effective August 21, 1995 in accordance with the Department of Interior’s final rule for grazing administration. The development and application of these standards and guidelines are to achieve the four fundamentals of rangeland health outlined in the grazing regulations (43 CFR 4180.1). Those four fundamentals are: (1) watersheds are functioning properly; (2) water, nutrients, and energy is cycling properly; (3) water quality meets state standards; and (4) habitat for special status species is protected.
The final, final rule change:
Other changes that became effective August 21, 1995 that occurred with the Department of the Interior’s final rule for grazing administration are:
- Management of the public lands in section 3 and section 15 are now the same.
- The distribution of grazing fees remains the same as it was under the Taylor Grazing Act.
- Leases are issued for section 15 and permits are issued for section 3.
- Livestock being leased from/or pastured for someone else are subject to a surcharge.
Laws that apply to the BLM’s management of public lands grazing include the Taylor Grazing Act of 1934, the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, the Federal Land Policy and Management Act of 1976, and the Public Rangelands Improvement Act of 1978.
Federal Grazing Fee
The Federal grazing fee, which applies to Federal lands in 16 Western states on public lands managed by the BLM and the U.S. Forest Service, is adjusted annually and is calculated by using a formula originally set by Congress in the Public Rangelands Improvement Act of 1978. Under this formula, as modified and extended by a presidential Executive Order issued in 1986, the grazing fee cannot fall below $1.35 per animal unit month (AUM); also, any fee increase or decrease cannot exceed 25 percent of the previous year’s level. (An AUM is the amount of forage needed to sustain one cow and her calf, one horse, or five sheep or goats for a month.) The grazing fee for 2014 is $1.35 per AUM, the same level as it was in 2013.
This website provides information about grazing administration on the National System of Public Lands, including names and addresses of all grazing permit and lease holders who graze livestock on these lands. This information is provided in consideration of a United States District Court, District of Idaho decision in Case No. CV 09-482-CWD. In that case, the Court found that there was substantial public interest in understanding the scope of the grazing and rangeland program, including knowing how many individuals or entities actually graze cattle on public lands, as well as the size and scope of their operations, and that this public interest outweighed the permit holders’ privacy interest in their names, addresses and authorization numbers. The change makes the routine use of grazing administration information by BLM and U.S. Forest Service more consistent.
Summary of Public Lands:
The majority of “Public Lands” are held in trust for the American people by the federal government and managed by the Bureau of Land Management (BLM), with local cities and counties. Public lands are also managed by the U.S. Forest Service, the National Oceanic and Atmospheric Administration (NOAA), and the U.S. Army Corps of Engineers.
Each western state also received federal “public land” as trust lands designated for specific beneficiaries, which the States are to manage as a condition to acceptance into the union. Those trust lands cannot any longer be considered public lands as allowing any benefits to the “public” would be in breach of loyalty to the specific beneficiaries. The trust lands (two sections, or about 1,280 acres (5.2 km2) per township) are usually managed extractively (grazing or mining), to provide revenue for public schools. All states have some lands under state management, such as state parks, state wildlife management areas, and state forests. Source: Wikipedia
Related and Background: