Bundy standoff
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 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.
On March 27, 2014, 145,604 acres of federal land in Clark County were temporarily closed for the "capture, impound, and removal of trespass cattle." BLM officials and law enforcement rangers began a roundup of such livestock on April 5, and Cliven Bundy's son, Dave, was arrested. On April 12, 2014, a group of protesters, some of them armed, approached the BLM "cattle gather." Sheriff Doug Gillespie negotiated with Bundy and newly confirmed BLM director, Neil Kornze, who elected to release the cattle and de-escalate the situation. The standoff drew support from some conservative and libertarian groups opposed to federal land policies, while the BLM faced criticism for its handling of the dispute, including the use of armed agents. As of the end of 2015, Cliven Bundy continued to graze his cattle on federal land and still had not paid the grazing fees.
The ongoing dispute started in 1993, when, in defiance to the legitimacy of nationally accepted federal jurisdictional authority, and to protest against changes in grazing rules, Bundy declined to renew his permit for cattle grazing on BLM-administered public lands near Bunkerville, Nevada. According to Bundy's commonly described anti-government ideological position, the federal government lacks the constitutional authority to own vast tracts of lands, an argument repeatedly rejected by federal courts. According to the BLM, Bundy continued to graze his cattle on public lands without a permit. In 1998, Bundy was prohibited by the United States District Court for the District of Nevada from grazing his cattle on an area of land later called the Bunkerville Allotment. In July 2013, federal judge Lloyd D. George ordered Bundy to refrain from trespassing on federally administered land in the Gold Butte area of Clark County, Nevada.
Cliven and his son Ammon Bundy, and their supporters, have claimed that the federal government lacks the authority to manage public lands. These arguments have been repeatedly rejected by legal scholars and federal courts, including the U.S. Supreme Court; the property clause of the United States Constitution grants plenary authority to Congress to manage federal property, including land.
Background
History
In 1848, as part of the Treaty of Guadalupe Hidalgo, the United States purchased from Mexico land that is now the southwestern region of the United States. Since then, the government has continuously owned land in what is now Nevada, including the Bunkerville Allotment. The Nevada Territory was partitioned in 1861 from the Utah Territory, and became a state in 1864. The original settlers in the 1840s and 1850s were Mormons from Utah and southern small-time farmers and ranchers from Louisiana, Arkansas, and Mississippi. After the end of the American Civil War, much of the land was settled by rural farmers, squatters and small-time cattle ranchers from Oklahoma, Texas, Arkansas, Louisiana, Missouri and Kansas, escaping from the post–Civil War Reconstruction and the associated violence and displacement. Since 1934 federal rangelands in Nevada have been managed principally by either the Bureau of Land Management or its predecessor, the United States Grazing Service, or the United States Forest Service., 47.8 million acres were managed by the BLM. Throughout the nation, the BLM manages nearly 18,000 grazing permits and leases, of which about 700 are in Nevada. The season of use and the details of forage are stipulated in permits and leases; thus federal control can be exerted on the land used for grazing.Permits
Under BLM permits first issued in 1954, Bundy grazed his cattle legally and paid his grazing fees on the Bunkerville Allotment until 1993. In 1989, the federal government declared the desert tortoise an endangered species and began negotiating a habitat conservation plan in Clark County, Nevada, to meet the needs of both the tortoise and the people, such as Bundy, who were using the land. In mid-1991, the United States Fish and Wildlife Service approved a short-term conservation plan that allowed for development of about 22,000 acres of tortoise habitat in and around Las Vegas in exchange for strict conservation measures on 400,000 acres of federal BLM land south of the city. This included the elimination of livestock grazing and strict limits on off-road vehicle use in the protected tortoise habitat. In 1993, a permanent conservation plan was put into place that more than doubled the conservation area, and included the Bunkerville Allotment.Unlike many ranchers, Bundy refused to sell his grazing privileges back to the federal government. Instead, as a protest, Bundy did not pay his renewal fees in 1993. His permit was canceled in 1994. Although the agency made several attempts to have Bundy renew the permit, he declared that he no longer recognized the BLM's authority to regulate grazing, and asserted that he had "vested rights" to graze cattle on the land. Federal courts have consistently ruled against Bundy on grazing rights, ruling him a trespasser with no right to graze on federal land. The courts authorized the BLM to remove Bundy's cattle and to levy damages for his unauthorized use.
Bundy accumulated more than $1 million in unpaid grazing fees and court-ordered fines. The Portland Oregonian newspaper reported in May 2014 that the amount that Bundy owed stood in "stark contrast" to the situation in Oregon, where just 45 of the state's roughly 1,100 grazing permit holders collectively owed $18,759 in past-due payments to the BLM, and only two ranchers had unpaid fees more than 60 days past due. Excluding Bundy's unpaid fees, the total of all late grazing fees owed nationwide to the BLM was only $237,000.
Bundy's worldview
Bundy has said that he does not recognize federal police power over land that he believes belongs to the "sovereign state of Nevada." He also denies the jurisdiction of the federal court system over Nevada land and he filed an unsuccessful motion to dismiss the BLM case against him, saying that the federal courts have no jurisdiction because he is a "citizen of Nevada, not the territory of Nevada." and that federally owned land in Nevada actually belongs to the state. According to The Guardian, Bundy told his supporters that "We definitely don't recognize jurisdiction or authority, his arresting power or policing power in any way," and in interviews he used the language of the sovereign citizen movement, thereby gaining the support of members of the Oath Keepers, the White Mountain Militia and the Praetorian Guard militias. The FBI considers sovereign citizen extremism a domestic terrorism threat.J. J. MacNab, who writes for Forbes about anti-government extremism, described Bundy's views as inspired by the sovereign citizen movement, whose adherents believe that the county sheriff is the most powerful law-enforcement officer in the country, with authority superior to that of any federal agent, local law-enforcement agency or any other elected official. On April 12, 2014, Bundy "ordered" Clark County Sheriff Doug Gillespie to confront the federal agents, disarm them and deliver their arms to Bundy within an hour of his demand, and later expressed disappointment that Gillespie did not comply.
The Southern Poverty Law Center has described Bundy's views as closely aligned with those of the Posse Comitatus organization, and says that such views focus on secession, nullification, state sovereignty and the principles of the Tenther movement.
Bundy was at first praised by some Republican politicians and conservative personalities. On April 19, 2014, Bundy said that "the negroes" "were basically on government subsidy, so now what do they do?" Bundy said. "They abort their young children, they put their young men in jail, because they never learned how to pick cotton. And I've often wondered, are they better off as slaves, picking cotton and having a family life and doing things, or are they better off under government subsidy? They didn't get no more freedom. They got less freedom." After his comments, Bundy was repudiated by some conservative politicians and talk-show hosts who had previously supported him. Many condemned his remarks as racist.
In May 2014, Bundy changed his political affiliation from the Republican Party to the Independent American Party.