Marti Oakley (c) coyright 2010 All Rights Reserved

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Photo by Laura Leigh

The Bureau of Land Management has just announced that it will close the Indian Lake Roads holding pens to public visits beginning in June.  Apparently the documentation of the horrendous conditions at the facility and the deteriorating condition of the horses including multiple deaths, poor food, lack of shelter and the climbing death rate of foals (which the BLM does not count in its inventory) is just too much of a hassle for them. 

The gathered (hunted, terrorized, abused) horses were transported to the Indian Lakes Road Short-Term holding facility in Fallon, Nev., where BLM claimed it would be adopting out the horses or leasing land for long-term holding pastures; if they don’t die first.

It seems no one at the BLM thought anyone was paying attention to plight of these animals and this miserable excuse for government management has been under fire since the roundups began, from all across the nation. 

The Bureau of Land Management was created with nothing more than a proclamation in 1906 by President Roosevelt and entered into the Federal Register once the Antiquities Act had actually been created; as no one rebutted the assumed authority in the Antiquities Act of 1906 it supposedly stood as law. At the time few even knew they could rebut the law but even so, as it is written it is simply an attempt to keep historic sites and relics preserved.  The entire bill is 296 words and says nothing about giving this agency any authority whatsoever to seize the assets of states, most especially not its wildlife or livestock, and only allows the management of land in a limited manner. 

How did this 296 word Act become the enabler for the capturing, killing, sterilization, pharmaceutical administration of untested drugs and vaccines and zeroing out of our herds of wild mustangs and burros?  “Zeroing out” is a BLM term for ending the existence of these animals.  BLM brags that it is aggressive in its attempts to sterilize both mares and stallions….if they can’t find a meat market for them.

Although US Code &Title (laws of contract) are being accessed, the BLM nor any of its moneyed supporters can cite any enabling authority under the Constitution; BLM instead refers to the “proclamations” as its basis for authority and existence. 

43 USC Chapter 37 :  Public Rangelands Improvement:  1-05-2009

Reading this ten page document you will find the groundwork being laid for the PR campaign that was to follow to be delivered to the public.  This change to the USC made substantial unsupported claims of threats to the environment and wildlife, claiming conditions were unsatisfactory and deteriorating; like any one of these royal political jackass’s had any idea what the conditions were.  

Section 1906 is of particular interest:   Authority for cooperative agreements and payments effective as provided in appropriations. This is the section which deals with those corporate cooperative agreements and the ensuing bribery. Basically it amounts to nothing more than a green light to BLM to begin the massacre of the wild horses.  BLM, now claiming what it calls the “multiple use” doctrine decided it was more profitable to get rid of the horses, lease the land out to industrialized cattle ranches for grazing, to violate the Calico preserve by contracting to have the Ruby Pipeline run right through the preserve, and to lease out mineral and other rights. Why work to preserve a national treasure when you can make a fast buck elsewhere?

This is straight from the BLM page:   The current free-roaming population of BLM-managed wild horses and burros is nearly 37,000, which exceeds by some 10,350 the number determined by the BLM to be the appropriate management level.  Off the range, there are more than 36,000 wild horses and burros cared for in either short-term corrals or long-term pastures.  All these animals, whether on or off the range, are protected by the BLM under the 1971 law.

The appropriate management level?  Based on what?  No one knows as this fictitious claim was never substantiated with anything other than BLM said so and congress of course, notorious not only for not writing any legislation, but also for not reading anything either, just went along with the program.  But hey!  There was money to be made..so count them in!

Claiming the horses were over populated and starving, BLM failed to mention the fencing off of sections of the preserve or other protected areas and the associated forage and water.  As land was leased out to other corporate interests, the area preserved for the wild horses was increasingly limited and especially where good forage and ample water was available. 

Colorado fought back successfully in 2009 as reported here on “The Soul of a Horse”

In the case of Colorado Wild Horse and Burro Coalition vs Ken Salazar, Secretary, U.S. Department of the Interior, et al on August 5, 2009, Judge Rosemary M. Collyer of the United States District Court, District of Columbia, ruled as follows: “For reasons explained herein, the Court finds that BLM’s decision to remove the West Douglas Herd exceeds the scope of authority that Congress delegated to it in the Wild Horse Act. The Court will grant in part Plaintiffs’ motion for summary judgment, deny Defendants’ cross motion for summary judgment, and set aside BLM’s decision.”

In her ruling, Judge Collyer states, “It is a federal crime to remove a wild free-roaming horse or burro from public lands, convert a wild free-roaming horse or burro to private use, or kill or harass a wild free-roaming horse or burro. Congress delegated to the Secretary of Agriculture and the Secretary of the Interior jurisdiction over all wild free-roaming horses and burros ‘for the purpose of management and protection in accordance with the provisions of this chapter.’”

In other words, a federal court has found the BLM in violation of the very law they were appointed to enforce. Full text of court opinion.

The Antiquities Act of 1906, although referenced continually as the enabling “proclamation” for the BLM, says nothing at all about what has become, through political evolution, an environmental/wildlife terrorist agency operating for profit as a private corporation, (as all government agencies are) or having the right to steal the live assets of a sovereign state, such as they are doing in Nevada. Nor does it give them the authority to engage in the removal of the wild horses and burros belonging to the state of Nevada, from public lands; this is nothing less than theft of state assets and a clear violation of a public trust and is clearly unlawful. 

The truly sad part of this travesty is that the BLM had to enter into contractual agreements with Nevada state officials to accomplish this theft.  So who was it in Nevada that negotiated the memorandum of understanding, the subsequent cooperative agreement and the inevitable bribe money called “cooperative funding”?  Who profited? 

Congress delegated to the Secretary of Agriculture and the Secretary of the Interior jurisdiction over all wild free-roaming horses and burros ‘for the purpose of management and protection.”   Enter the USDA.  God, help us all. 

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An Act for the Preservation of American Antiquities http://www.archaeology.org/online/features/act1906/act.html

In section 2:

That the President of the United States is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with proper care and management of the objects to be protected: Provided, That when such objects are situated upon a tract covered by a bona fide unperfected claim or held in private ownership, the tract, or so much as thereof may be necessary for the proper care and management of the objects may be relinquished to the Government, and the Secretary of the Interior is hereby authorized to accept the relinquishment of such tracts in behalf of the Government of the United States

http://www.blm.gov/wo/st/en/info/newsroom/2010/april/nr_04_19_2010.html

The Wild Horse Act http://www.wildhorsepreservation.com/resources/theact.pdf

USC 43 Chapter 37   1-05-09 http://uscode.house.gov/download/pls/43C37.txt  

http://www.blm.gov/nv/st/en.html

http://www.thesoulofahorse.com/PDF%20Files/JudgeCollyerAugust5-2009Opinion.pdf

http://thesoulofahorse.com/blog/federal-court-slaps-the-blm-says-mustang-removal-illegal/

http://www.blm.gov/wo/st/en/info/newsroom/2010/april/nr_04_19_2010.html

Definitions:

Proclamations: 

2. The president’s proclamation has not the force of law, unless when authorized by congress; as if congress were to pass an act, which should take effect upon the happening of a contingent event, which was to be declared by the president by proclamation to hive happened; in this case the proclamation would give the act the force of law, which, till then, it wanted. How far a proclamation is evidence of facts, see Bac. Ab. Ev. F; Dougl. 594, n;

B. N. P. 226; 12 Mod. 216;

8 State Tr. 212; 4 M. & S. 546; 2 Camp. Rep. 44;

Dane’s Ab. eh. 96, a. 2, 3 and 4; 1 Scam. R. 577; Bro. h.t.

How they systematically redefined the Antiquities act to now somehow allow BLM to act as livestock and real estate developers:

The Wild Free-Roaming Horses and Burros Act of 1971 (Public Law 92-195) was amended as follows:

Sections 1332 and 1333 were modified by the Public Rangelands Improvement Act of 1978 (Public Law 95-514);

Section 1338 was modified by the Federal Land Policy and Management Act of 1976 (Public Law 94-579);

the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333) added Section 1338a.;

 and Section 1333 was again modified by the Fiscal Year 2005 Omnibus Appropriations Act (Public Law 108-447)

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