PUBLIC LANDS: Refuge Militants Fear Impending Arrest Phil Taylor, E&E

Total Page:16

File Type:pdf, Size:1020Kb

PUBLIC LANDS: Refuge Militants Fear Impending Arrest Phil Taylor, E&E Refuge militants fear impending arrest AN E&E PUBLISHING SERVICE PUBLIC LANDS: Refuge militants fear impending arrest Phil Taylor, E&E reporter Published: Wednesday, January 6, 2016 MALHEUR NATIONAL WILDLIFE REFUGE, Ore. -- Leaders of the dozen or so armed militants occupying refuge headquarters here said last night that they expect federal agents to attempt to arrest them soon, though they refused to say whether they would respond with force. LaVoy Finicum, 54, one of the leaders of the group, which has called itself Citizens for Constitutional Freedom, said the FBI has five arrest warrants, including one for him. Ammon Bundy, the son of Nevada rancher Cliven Bundy and the orchestrator of the occupation, said the group received the intelligence from a "solid source," though he did not say who. "The FBI is indeed planning on moving on us," he told reporters gathered here at dusk in a mix of snow and rain. After three days of occupying the 188,000-acre birding refuge in southeastern Oregon, the anti-government militants looked desperate and dejected. Their goal of preventing the incarceration of area ranchers Dwight and Steven Hammond for convictions of arson evaporated Monday when the two surrendered to federal authorities in California and disassociated themselves from the refuge occupiers. Their broader hopes of forcing the federal government to give up part of its 640-million-acre Western estate were doomed to fail from the get-go. Now, they're waiting to see if and when the police come. Federal and county law enforcement officials have declined to comment on their response to the occupation and have not said whether any warrants have been signed. Squad cars from various sheriff's departments and state and tribal police yesterday constantly circulated the streets of Burns, Ore., about 30 miles north of here, but there was zero law enforcement presence at the refuge through late yesterday evening. Harney County Sheriff Dave Ward yesterday said "there are things being done" to end the occupation but did not elaborate, according to The Oregonian newspaper. Finicum, an Arizona rancher who helped Cliven Bundy turn back the Bureau of Land Management during an armed standoff near Bunkerville, Nev., in April 2014, said the electricity remains on at refuge headquarters, despite calls by some local elected officials and business owners to disconnect it. "It's warm, it's comfortable, it's nice," he told Greenwire. He wore a thick camouflage jacket, gaiters and a cowboy hat. As he spoke to media, one of the militants dropped a copy of the U.S. Constitution on the ground between Finicum's legs. Police have apparently not disrupted the group's food supply, either. At about 3:30 p.m. local time yesterday, two women arrived in an SUV with two pizzas to deliver to the group. Finicum, however, appeared exasperated at an unscheduled news conference yesterday evening. He threw a bag to the ground and sat cross-legged with a rifle over his legs, vowing to sleep there until the authorities tried to pick him up. "If they want to serve the warrant, here I am, right here," he said. "I'm going to make my bed right here. They can come serve it right here." He suggested he'd rather die than be hauled off to prison. As he sat in the snow, surrounded by about a dozen reporters, he talked of his children -- "Kids, if I don't come, you know I love you" -- and thanked his parents for raising him. At one point, Bundy appeared to drop a single bullet on the ground, which Finicum picked up and placed in his belt next to what appeared to be a pistol. "This is going to be where I breathe my last breaths, whether I'm 90, 95 or 55," he said, referring to the outdoors. "I'm going to not spend my days in a cell. This world is too beautiful to spend it in a cell." He said none of the "militia" would be coming up to his position to point guns at authorities. Bundy said that he did not know precisely when the FBI would come but that he believed agents planned to seize the Hammonds' ranch at the same time. He asked that half the reporters follow him to the Hammond ranch in Diamond, Ore., and then sped off in a vehicle. It remained unclear how many people are hunkered down at the refuge headquarters. Despite Bundy's plea last weekend for new recruits to join him with guns, there's no indication whether the group has grown significantly in size. Visitors, critics Members of the public, but not all reporters, were allowed to move freely in and out of the headquarters area, which was obscured down a hill and behind trees. A large man named Jason Patrick, who identified himself as a "peace officer," guarded the entrance with a Ford F- 150. He wore a navy sport coat and a silver badge that read "Second Amendment -- Right to Bear Arms." He called himself "Clooney" and spoke to a man named "Dragon" at the refuge headquarters through a walkie-talkie. One man who identified himself as Don Q. Public from Ketchum, Idaho, told Patrick he's a free-speech advocate who wanted to meet with the group inside to "see if there couldn't be a peaceful solution." He was allowed to walk down the road carrying a wooden soapbox he'd brought from home. Local residents were welcomed, too. Ranchers Thomas O'Toole and his father of Drewsey, Ore., came simply to meet the group and hear what it was all about. "The things that they say and the principles they claim to defend I believe in also," Thomas O'Toole told Greenwire after leaving the compound. "But the way that they're doing it is not how I think it should be done." Terri Strickland, a rancher who raises cows about 6 miles from refuge headquarters, said she also visited the group and does not believe anyone will resort to violence. "If any violence happens, it's going to happen because the government moves upon these people," she said. Militants continued to survey the horizon yesterday from the refuge fire lookout. Photo by Phil Taylor. All the while, militants continued to scan the horizon from atop a fire lookout near the headquarters. They likely couldn't see far through the low-lying clouds, rain and snow. By around 5:30 p.m., ice and snow began to accumulate fast on the main road leading to the refuge buildings. An American flag remained draped over the refuge entrance sign, which was surrounded by a handful of news broadcast trucks. As federal authorities bide their time, some environmentalists have stepped up their criticism for the failure to arrest Cliven Bundy or any of his followers after the Bunkerville standoff. It's emboldened Ammon Bundy to lead the current occupation, said Jeff Ruch, executive director of Public Employees for Environmental Responsibility. "Rather than abating conflict, the federal hands-off approach has backfired and enables the Bundy clan to franchise a 'Militia McDonald's,'" Ruch said. "In Nevada, federal authorities have ceded a 200-square-mile militarized zone on national park and range lands as a staging ground for further operations to challenge the legitimacy of public ownership." David Jenkins, president of Conservatives for Responsible Stewardship, a Republican environmental group, said yesterday that "swift and effective justice in this case -- and for the Bundy Ranch standoff -- is not only essential to preserving the rule of law." "It is essential to protecting the American concept of public lands and defending the property rights of every American," Jenkins added. .
Recommended publications
  • Bundy Seeks Jail Vistors | News - Home 2/9/16, 12:58 PM
    Refuge occupiers post video; Bundy seeks jail vistors | News - Home 2/9/16, 12:58 PM Log In Bend, OR 59° Clear Mobile RSS Email Search NEWS WEATHER SPORTS LIFESTYLE WHAT'S ON COMMUNITY CONTESTS CONTACT US Home / News Tuesday, February 9, 2016 12:56 pm Refuge occupiers post video; Bundy seeks jail vistors advertisement Nevada lawmaker, gun rights advocate coming to Oregon Wanda Moore POSTED: 8:05 PM PST February 8, 2016 Like 130 Tweet 0 Most Popular Articles Slideshows Videos Bend woman facing murder charge in death of grandmother, 92 Special report: Bend parks soar, while streets crumble Utah man killed, 4 hurt in Hwy. 20E van crash near Brothers Refuge occupiers post video; Bundy seeks jail vistors Bend river remains update: Autopsy indicates no New video of holdouts foul play Redmond woman arrested in Burns on drug charges BEND, Ore. - On Day 38 of the armed occupation of the Malheur Wildlife Refuge near Burns, one of the last four remaining occupiers, David Fry, has posted more videos. OSU scientist: Window to cut carbon emissions is small Bend restaurants partner with local farmers for MORE FROM KTVZ.COM It comes after a week of silence on his YouTube page. He said tasty menu it was because the FBI had asked him to stop posting videos Cliven Bundy talks grazing contracts at and cut off his means of communications. Finicum funeral Turnbull wildlife refuge reopens on Monday The videos give a rare look at life on the refuge since the FBI put up blockades late last month. Mourners fill pews for LaVoy Finicum funeral "You can see, here we've got Camp Finicum going," Fry said in Assn.
    [Show full text]
  • Profit and Politics How Public Lands Fare in State Hands a Special Report November 27, 2017 | $5 | Vol
    High Country ForN people whoews care about the West Profit and Politics How public lands fare in state hands A Special Report November 27, 2017 | $5 | Vol. 49 No. 20 | www.hcn.org 49 No. | $5 Vol. 2017 27, November CONTENTS Editor’s note Land’s true worth One of the planks in the Republican platform calls for the transfer of an undisclosed number of acres of federal public lands to Western states. This land transfer, the party argues, would benefit states “and the nation as a whole,” because “residents of state and local communities know best how to protect the land where they work and live.” It is unclear how the transfer of public lands would benefit the entire country, but it seems to me that such a transfer on any scale would change the character of the American West. Given that, and given that the GOP holds the Oval Office and both chambers of Congress, the so-called “land-transfer movement” is worthy The not-so-grand entrance to Little Missouri State Park in North Dakota, where a saltwater disposal facility of a hard look. Over the last nine months, this is a sign of the oil wells that can be seen within the park. ANDREW CULLEN magazine set out to learn what it could about how states treat the lands they already have, in SPECIAL REPORT: Profit and Politics order to see whether the public would benefit from a transfer. Writer and former HCN intern Emily Guerin went to North Dakota to see what 16 Pump Jack Park How the Bakken boom transformed happens to state and federal parks under an oil On the cover one of North Dakota’s most special landscapes By Emily Guerin boom, while Contributing Editor Cally Carswell A well pad complex is constructed 20 Plant Blind in New Mexico Politics, land ownership investigated how rare plants are treated on just outside Little and the protection of imperiled plants By Cally Carswell different lands in New Mexico.
    [Show full text]
  • The Oregon Standoff: Understanding Lavoy Finicum's Death & The
    The Oregon Standoff: Understanding LaVoy Finicum’s Death & the Management of BLM Land When one talks about the Bundy Family, the first thing that springs to mind is the standoff in Nevada in 2014. However, perhaps even more important is the standoff and occupation at Oregon’s Malheur National Wildlife Refuge in 2016. Indeed, the two events are often conflated because Ammon Bundy is the son of Cliven Bundy, the man who stood up to the federal government over “grazing fees” on Bureau of Land Management land. The occupation was a highlight for both the militia and the sovereign citizen movement as well as proponents of states’ rights. The main argument from those occupying the land is that the federal government is mandated by law to turn over the land that they manage to the individual states in which the land sits. This, they argued, was particularly true of the Bureau of Land Management, United States Forestry Service, and United States Fish and Wildlife Service land. The 2016 Oregon standoff was over two ranchers convicted of arson on federal lands – despite the fact that the men, a father and son pair named Dwight and Steven Dwight Hammond, did not want their support. Harney County in rural eastern Oregon is one of the largest counties in the United States by land mass, but one of the smallest when it comes to population. With a mere 7,700 people, cows outnumber humans in Harney by a factor of 14-to-1. Nearly three quarters of the land in the county is federally managed.
    [Show full text]
  • Placing the Militia Occupation of the Malheur National Wildlife Refuge in Harney County, Oregon
    Placing the Militia Occupation of the Malheur National Wildlife Refuge in Harney County, Oregon Carolyn Gallaher School of International Service American University [email protected] Abstract This intervention examines the recent militia occupation of the Malheur National Wildlife Refuge in Oregon. There is no consensus on how to place the group. Some commentators suggest the group was white supremacist. Others argue that it was animated by religious fanaticism. Still others emphasize the group’s grievances with the Bureau of Land Management. I argue here that the Malheur occupiers’ politics cannot be understood with reference to a single identity position. Rather, we need to focus on the group’s anti-government rhetoric because it funnels and shapes multiple interests at once. Here I examine how the group’s anti-government rhetoric frames race and class interests. In terms of race, I argue that anti-government rhetoric obscures the white interests behind the occupation. This concealment is based on a selective reading of history that emphasizes the end of settlement, when the government took ownership of land not claimed during the settlement period, instead of the stage leading up to it, when the government seized Indigenous land for white settlement. So construed, the occupiers could claim they were taking the ‘people’s’ land back from the government rather than engaging in a second round of white theft of Indigenous land. In terms of class, I argue that because the occupiers framed their fight as against government tyranny instead of as for privatization, the occupiers did not have to confront the inequities that come with privatization.
    [Show full text]
  • Criminal Complaint
    Case 3:16-mj-00004 Document 14 Filed 01/27/16 Page 1 of 32 AO 91 (Rev. 11/11 ) Criminal Complaint UNITED STATES DISTRICT COURT FIL£Dc'Yf' J~ '1615:35UsDC-~p for the District of Oregon United States of America v. Ammon BUNDY, Jon RITZHEIMER, Case No. ~ .;l 3 '. f.,- '-- m .J·, {){J]04-- , I JJ 3I '-I , Joseph O'SHAUGHNESSY, Ryan PAYNE, Ryan BUNDY, Brian CAVALIER, s, b; ~ ¥' Shawna. COX, Peter SANTILLI, DefendanJ(s) I, the complainant in this case, state that the following is true to the best of my knowledge and belief. On or about the date(s} of January 2, 2016, to the present in the county of Hamey in the District of ___O_ reg_ o_n___ , the defendant(s) violated: Code Section Offense Description 18 u.s.c. § 372 Conspiracy to Impede Officers of the United States from discharging their official duties through the use of force, intimidation, or threats This criminal complaint is based on these facts: See attached Affidavit if Continued on the attached sheet. Katherine Armstrong, Special Agent, FBI Printed name and title Sworn to before me and signed in my presence. Date: City and state: Portland, Oregon Stacie F. Beckennan, U. S. Magistrate Judge Printed name and title Case 3:16-mj-00004 Document 14 Filed 01/27/16 Page 2 of 32 UNITED STA TES OF AMERICA ) ) AFFIDAVIT OF KA THERINE ARMSTRONG DISTRICT OF OREGON ) I, Katherine Armstrong, having been first duly sworn, do hereby depose and state as follows: Introduction and Agent Background 1. I am a Special Agent (SA) of the Federal Bureau of Investigation (FBI) and have been so employed for approximately one-and-a-half (1 Yi) years.
    [Show full text]
  • The Malheur Occupations and the Hyper-Masculine Drive for Control
    The Patriarch and the Sovereign: The Malheur Occupations and the Hyper-Masculine Drive for Control COURTNEY IRONS* On January 2, 2016, a group of armed protestors seized control of the Malheur National Wildlife Refuge. The occupation followed a long tradition of resistance in western states of federal land management policy, but the members took a stricter approach to federalism than most. The group fully rejected federal sovereignty over the land, and in doing so demonstrated a particularly gendered approach to power and government. The purpose of this Note is to explore how the occupier‟s understanding of federalism relates to theories on masculinity. Drawing on statements made during the course of the occupation, news reports, and testimony during the subsequent legal proceedings, this Note will argue the occupiers‟ patriarchal beliefs about masculinity influenced and informed their understanding of federalism with the belief that doing so may help us understand the growing nationalist and extremist views in conservative movements today. * Executive Notes Editor, Colum. J.L. & Soc. Probs., 2017–2018. J.D. Candidate 2018, Columbia Law School. The author would like to thank her advisor Professor Chris- tina Duffy Ponsa for her guidance and feedback, and the staff of the Columbia Journal of Law and Social Problems for all of their helpful comments and hard work. 480 Columbia Journal of Law and Social Problems [51:3 I. INTRODUCTION For forty days in 2016, a group of anti-government protesters occupied the Malheur Wildlife Refuge in Southeastern
    [Show full text]
  • BILLY J. WILLIAMS, OSB #901366 United States Attorney District of Oregon ETHAN D. KNIGHT, OSB #992984 GEOFFREY A. BARROW CRAIG J
    Case 3:16-cr-00051-BR Document 1158 Filed 08/30/16 Page 1 of 31 BILLY J. WILLIAMS, OSB #901366 United States Attorney District of Oregon ETHAN D. KNIGHT, OSB #992984 GEOFFREY A. BARROW CRAIG J. GABRIEL, OSB #012571 Assistant United States Attorneys [email protected] [email protected] [email protected] 1000 SW Third Ave., Suite 600 Portland, OR 97204-2902 Telephone: (503) 727-1000 Attorneys for United States of America UNITED STATES DISTRICT COURT DISTRICT OF OREGON UNITED STATES OF AMERICA 3:16-CR-00051-BR v. AMMON BUNDY, GOVERNMENT’S THIRD RYAN BUNDY, AMENDED EXHIBIT LIST SHAWNA COX, PETER SANTILLI, DAVID LEE FRY, JEFF WAYNE BANTA, KENNETH MEDENBACH, and NEIL WAMPLER, Defendants. The United States of America, by Billy J. Williams, United States Attorney for the District of Oregon, and through Ethan D. Knight, Geoffrey A. Barrow, and Craig J. Gabriel, Assistant United States Attorneys, hereby submits the attached list of exhibits the government Case 3:16-cr-00051-BR Document 1158 Filed 08/30/16 Page 2 of 31 intends to offer in its case-in-chief at the September 7, 2016, trial. If new exhibits are identified they will be promptly disclosed to the Court and to defendants. Dated this 30th day of August 2016. Respectfully submitted, BILLY J. WILLIAMS United States Attorney s/ Craig J. Gabriel ETHAN D. KNIGHT, OSB #992984 GEOFFREY A. BARROW CRAIG J. GABRIEL, OSB #012571 Assistant United States Attorneys Government’s Third Amended Exhibit List Page 2 Case 3:16-cr-00051-BR Document 1158 Filed 08/30/16 Page 3 of 31 UNITED STATES v.
    [Show full text]
  • ENVIRO 2016-01-27 Malheur Ammon Bundy and 7 Oregon Protesters Held
    Ammon Bundy and 7 Oregon Protesters Held; LaVoy Finicum Is Reported Dead - NYTimes.com 1/27/16, 1:41 PM Start Download File size: 487KB. OS: MacOSX. Rating: 5.0 Stars - ZipDevil U.S. Ammon Bundy and 7 Oregon Protesters Held; LaVoy Finicum Is Reported Dead 1399 Police officers in Oregon blocked a highway in Seneca, Ore., on Tuesday during a confrontation with Ammon Bundy and his group. DAVE KILLEN / THE OREGONIAN, VIA ASSOCIATED PRESS By JULIE TURKEWITZ and KIRK JOHNSON JANUARY 26, 2016 JOHN DAY, Ore. — Ammon Bundy, the leader of an armed seizing of a federal http://mobile.nytimes.com/2016/01/27/us/oregon-armed-group-arrest-…c=edit_th_20160127&nl=todaysheadlines&nlid=14469363&_r=0&referer= Page 1 of 9 Ammon Bundy and 7 Oregon Protesters Held; LaVoy Finicum Is Reported Dead - NYTimes.com 1/27/16, 1:41 PM wildlife refuge in rural eastern Oregon, was arrested and one person was killed Tuesday afternoon in a traffic stop in rural Oregon, the F.B.I. and the Oregon State Police said. Seven other people, including Mr. Bundy’s brother Ryan Bundy, were arrested, the authorities said. Another person was hospitalized with injuries that were not life- threatening. The authorities did not identify the man who was killed, but a member of the Nevada State Assembly, Michele Fiore, who has been a supporter of the Bundy family, said on Twitter that it was LaVoy Finicum. Mr. Finicum had become a de facto spokesman for the occupiers. The confrontation came after more than three weeks of growing tension and anxiety that put the tiny community of Burns — about a five-hour drive from Portland — into an international debate about homegrown right-wing militias, public lands and constitutional rights.
    [Show full text]
  • Number One in Energy Consumption
    the SUMMIT HIGH SCHOOL FRIDAY, MARCH 18, 2016 PINNACLE VOLUME 15, ISSUE 4 The lights are on as the staff welcomes eighth graders as incoming freshmen for an evening of orientation activities. One reason our energy costs are higher may well rest in the fact that our school is open seven days a week and is often utilized by college and community groups in the evenings and on weekends. Building lights, heat and air conditioning units make up the largest portion of our electricity bill, which runs more than $13,000 each month. With its high ceilings and large windows, the school requires a larger amount of energy than most. Photo by Miranda Harris Hamlin NUMBER ONE IN ENERGY CONSUMPTION Kevin Crawford dollars saved for the American driver. Now, in 2016, the effects of this push for energy Editor-in-Chief efficiency, both indirect and direct, are everywhere. In April of 2010, the federal government adopted new standards for automobiles, Georgetown University, in solidarity with this national and global movement, requiring manufacturers, like Ford and Chevrolet, to improve the average fuel challenged 50 communities across the U.S. to, over a two-year period spanning from efficiency of their new-car fleets by 30 percent by 2016. The New York Times, in an 2015 to 2016, massively reduce their energy usage. editorial entitled “Everybody Wins,” said the standards would produce a “trifecta of The winning community, which will be selected in July of 2017, will receive five benefits.” In 2009, these benefits were enumerated by then U.S. Secretary of Energy million dollars to help fund further energy efficiency-improving projects.
    [Show full text]
  • Pay for Prey Inside Oregon’S Troubled Wolf Payouts by Gloria Dickie CONTENTS
    SEARCH FOR THE MISSING | CRUCIAL CONGRESSIONAL RACE | OREGON STANDOFF AFTERMATH High Country ForN people whoews care about the West July 23, 2018 | $5 | Vol. 50 No. 12 | www.hcn.org 12 50 No. | $5 Vol. 23, 2018 July Pay for Prey Inside Oregon’s troubled wolf payouts By Gloria Dickie CONTENTS Editor’s note The political power of the cowboy Earlier this month, President Donald Trump issued pardons for two Oregon ranchers who were serving time for arson on public lands. The plight of the ranchers, Dwight Hammond Jr. and his son, Steven, underpinned the demonstrations in Burns, Oregon, that ultimately sparked the 2016 occupation of the Malheur National Wildlife Refuge. That occupation was, of course, related to the 2014 standoff in Bunkerville, Nevada, between supporters of rancher (and melon farmer) Cliven Bundy and federal agents. Readers will recall from HCN’s coverage that few substantial convictions resulted from the Nevada standoff or the Oregon occupation. These facts demonstrate the political power of one of the West’s most romanticized icons: the cowboy. That power influences conservation policies across the region, especially where ranchers’ livelihoods Rancher Dennis Sheehy at his Diamond Prairie Ranch in Enterprise, Oregon. Sheehy helped draft the plan the are concerned. No issue had proven itself more state later adopted for predation compensation in Oregon. TONY SCHICK/OPB AND EARTHFIX stubborn than the reintroduction of wolves into lands where they have long been hated, hunted and extirpated. The reintroduction of gray wolves into FEATURES the Greater Yellowstone Ecosystem was hard-won by conservationists and deeply opposed by ranchers — On the cover 16 Pay for Prey until the idea of predation compensation was finally accepted.
    [Show full text]
  • RANGE Magazine, Winter 2020-The Jackbook File: Looking for Justice
    WI20 10.12 pm.qxp__ Spirit 1-95.q 10/14/19 10:20 AM Page 72 “I spent an entire month at that trial,” THE JACKBOOT FILE: Jeanette says. “Of the 30 officers who testified, only one went off their script and told the truth. But I learned a lot. I learned that the LOOKING FOR JUSTICE FBI was in charge of the entire operation. It was the FBI who ordered no body cameras, The real story of LaVoy Finicum has yet to be told. no audio and no video. The FBI’s 40-year trainer testified that multiple protocols were By Patricia Aiken broken on multiple levels of government that night. An FBI supervisor who was in charge at the first stop when LaVoy’s truck and he mainstream media has had nearly alleges: “These defendants were mentally pre- Ammon Bundy’s driver were pulled over tes- four years to correct the lie that rancher disposed and committed to using excessive tified that the occupants of the truck were in Tand therapeutic foster parent LaVoy lethal force, to solve a political dispute. The compliance with the orders being given to Finicum was reaching for a loaded handgun result has been both haunting and tragic,” them. Then ‘Oregon State Police Officer #1’ when he was gunned down by government contending the defendants engaged in “wide- fired a round into LaVoy’s truck.” agents on U.S. Hwy. 395 outside Burns, Ore. spread and systemic corruption” and “pre- Jeanette continues: “The supervisor testi- In the snow, with his hands in the air, LaVoy meditated targeting.” fied that shot escalated the entire situation.
    [Show full text]
  • The Public Interest in the Public's Public Lands
    Mitigating Malheur's Misfortunes: The Public Interest in the Public's Public Lands SANDRA B. ZELLMER* TABLE OF CONTENTS Introduction ................................................. 510 I. Grass, Gas, Water, and Beyond............................... 512 A. The Hammonds, the Bundys, and their Progeny: Fire, Water and Grass 512 B. The Badger-Two Medicine: Sacred Sites, Oil and Gas . 518 C. Operation Gold Rush .................................. 520 II. Constitutional Power Over Private Interests on Public Lands . 522 A. The Property Clause .................................. 522 B. The Enclave Clause ................................... 525 III. The Law of Private Interests in Public Lands and Resources . 526 A. Grazing Permits...................................... 527 B. Mineral Leases ...................................... 529 1. The Mineral Leasing Act ........................... 529 2. Solenex and Moncrief.............................. 532 C. Hardrock Mining Claims ............................... 537 IV. History, Republicanism, Libertarianism, and Endowment . 540 V. The Public Interest Responsibility to the Public for the Public's Public Lands ................................................. 544 A. The Public Trust Doctrine .............................. 544 1. Public Use, Not Conservation ........................ 545 2. Navigable/Tidal Waters and Submerged Lands. 545 3. State, Not Federal................................. 547 B. The Public Interest is Distinct FromÐYet Informed ByÐThe Public Trust Doctrine ......................................
    [Show full text]