Posted on 02/04/2012 5:27:37 PM PST by girlangler
Etta Pettijohn
Sierra County Sheriff Joe Baca has joined a growing number of elected sheriffs from across the West by sending a message to federal officials about undermining state and local rights regarding law enforcement. Baca, a former lieutenant in the New Mexico Army National Guard and an Afghanistan veteran, told Sierra County Commissioners earlier this month his office will not renew an annual $16,000 contract with the U.S. Forest Service (USFS). The ongoing cooperative agreement between the two agencies to compensate the sheriffs department for patrolling and enforcing laws in the Gila National Forest was due for renewal this past fall. Bacas decision places him in agreement with other western sheriffs opposed to proposed Forest Service rules they interpret as giving USFS law enforcement officers more police powers, which they claim is contrary to citizens rights guaranteed in the U.S. Constitution. According to Sierra County Tax Assessor Keith Whitney, the Forest Service manages approximately 378,700 acres (a portion of the more than 3- million acre Gila National Forest) in Sierra County. The Western States Sheriffs Association (WSSA) received official notice of the U.S. Forest Service Law Enforcement proposed rule changes to the code of federal regulation 36 (CFR) 262, 261 and 212 on July 15, 2011
. The WSSA released a position paper opposing these rules in September 2011. The portion of the new rules the WSSA opposes reads The proposed revisions to 36 CFRs 262, 261, and 212 make the Forest Service regulations more consistent with other land management agencies; clarify the agencys authority and give it enforcement measures and means commensurate with state law; and update regulations regarding payments for evidence, rewards, and impounding abandoned property. The Forest Service has added stipulations that we do not agree with, Baca told The Sentinel. We (sheriffs) have jurisdiction in the forest anyway if the land is within our county, and I wont take money for doing what I already get paid to do by the residents of Sierra County. Baca said he refuses to have federal authorities dictate what he can and cannot do in Sierra County, while Region 3 USFS officials contend the agency is merely updating rules that allow the existing agency law enforcement to be more effective when enforcing laws on public lands and ensuring public safety. The Gila National Forest is presently in the final stages of approving its Travel Management Plan to determine what roads will remain open to motor vehicles, motorcycles and all-terrain vehicles in the Gila and other national forests, and the agencys adjusted law enforcement powers are contained in these proposed plans. The Gila draft proposals for road closures in the forest include (1) taking no action, which would leave 4,604 miles of roads open to public use; (2) implementing a preferred alternative, which would leave 3,323 miles open; and (3) allowing 2,332 miles to 4,266 miles of open roads. The final decision for road closures was originally scheduled to be announced in mid-2011, but has been delayed until spring 2012. During a series of public meetings last spring where significant local opposition was expressed to any forest road closures, Sheriff Baca announced his department would not enforce federal regulations preventing citizens from accessing public lands. Sierra Countys sheriff is not alone when it comes to local law enforcement officials who claim it is their job to protect the citizens who elected them, even if it means conflicts with federal Forest Service authorities. Sheriff Gil Gilbertson of Josephine County, Ore., after hearing complaints from local citizens about Forest Service law enforcement officials, told the agency it has no authority in any county and he would protect citizens using the forest. In 2011 Gilbertson drafted a 10-page report, Unraveling Federal Jurisdiction Within A State, which has become the resource manual for sheriffs in counties facing road closures, National Monument designations and other federal actions perceived as limiting citizen access to public lands. Last year, another Oregon sheriff, Glenn E. Palmer of Grant County, refused to renew his countys cooperative law enforcement agreement with the Forest Service. I have sent at least two requests to the U.S. Forest Service asking for information that pertains to where the U.S. Forest Service gets it Constitutional authority to have law enforcement officers within Grant County, Sheriff Palmer wrote. Your jurisdiction, as I see it, is limited in nature to the Federal Building in John Day (Ore.). Within the confines of Grant County, the duties and responsibility of law enforcement will rest with the County Sheriff and his designees. And in March 2011, the Denver Post reported a feud between Montezuma County Sheriff Dennis Spruell and the Forest Service over road closures in the San Juan National Forest. When 155 miles of the forests estimated 700 miles of unauthorized motorized routes near Dolores were made off limits to ORV use, Spruell threatened to cut locks on gates and ticket Forest Service agents enforcing the closures. Like his counterparts in other states, Sheriff Baca is confident his refusal to renew the law enforcement agreement with the Gila National Forest was justified. It might make some people mad, but I want to do whats right, not whats required by the Forest Service, or violating the U.S. Constitution or state statutes, Baca said. Robin Poague, the USFS Region 3 law enforcement special agent responsible for national forests in Arizona and New Mexico, said the agency has jurisdiction over forest lands, and its road closure proposals are not meant to undermine the authority of county law enforcement We want to work with the sheriffs, and respect their role, and these rewrites of the regulations will give us the opportunity for better enforcement cooperation, Poague told The Sentinel this week. Poague said the USFS has long-held arrest authority (on forest lands) under the law, but the timely rewrites are meant to conserve resources, enhance public safety, and enhance cooperation between the sheriffs and agency. However, an official statement from the Western States Sheriffs Association indicates that group respectfully disagrees. (The proposed rule changes) exhibit an absolute disregard for the sovereignty of the individual States, show a disregard for the authority of the Office of Sheriff, and a continued inability of the Forest Service to understand the mission and function of its law.
The evil paragraph destroyer has struck again!
You are right.
It is NEVER my fault, must be someone else’s.
LOL.
Really, that is not funny, but I am sleepy so will be better tomorrow.
Just a tagline update. Dragging up an old one WTH.
This story does not suprise me. My fiancee’ is from out west. He told me he has had run ins with USFS rangers himself while out hunting. He despises them. He says they think they personally own the forests and he even had one ranger tell him that it was his forest and he could do anything he wanted. But on that day my fiancee’ was holding a 30-30 and was really in no mood for it so the ranger backed down and left. They will come up and try to tell you that you can’t hunt in an area that is clearly legal to hunt in.
The unstated goal of the National Forest Service is to close down all of the “public” lands to the public. They don’t want you hunting, fishing, hiking, camping, riding an ATV or anything else on “their land”.
The sovereign states are finally waking up and they are going to have to at some point just kick the Feds out. Thank God for the sheriff’s.
Thanks for the ping!
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildingsOther than the District of Columbia, the federal government is authorized to own land only for the purpose of "erection of forts, magazines, arsenals, dockyards, and other needful buildings." They have no authority to manage the vast area that are now under their control. To see the extent of the land controlled by the federal government, especially in the western states, see the following map prepared by the Bureau of Land Management:
Additionally I would argue that ownership of the western lands was transferred from the federal government to the various states upon their erection as sovereign states. There should be a movement in the western states to assert such ownership and expel federal authorities as unlawful trespassers.
Even if the above theory of state ownership of these lands cannot be enforced the federal government should be forced to sell off any lands that are not required for the "erection of forts, magazines, arsenals, dockyards, and other needful buildings."
In any case, the most that the federal government can claim is ownership, not jurisdiction. They should be treated by the states in the same manner as the private owners of other lands.
I was taught to read English left to right, top to bottom, so I had no problem reading your post. And it was a good one.
The deal is that HTML eats excess white-space. If you want white-space beyond a single space (say a paragraph) you need to insert it by typing "<p>".
Try it and see.
Several years ago I read an article which made reference to the closing of mountain roads and trails in Germany during the 1930s. In that case the authorities wanted to make sure people couldn’t ‘bug out’ to the hills when TSHTF.
The more things change the more they stay the same - right?
They should have gone in and fought the fire any way. Let the feds bitch and moan and whine
screw them
The rule is “ask for forgiveness, not permission”
Is this forum a journalism school or something of that sort. I didn’t have any problem reading the article but yes, paragraphs would have helped.
Get over it!
Excellent article at your link.
In Elkhart County, Ind., Sheriff Brad Rogers told Food and Drug Administration agents they would be arrested if they go on Amish farmer David Hochstetlers land.
Hochstetler is a raw milk criminal, and the FDA didnt like that he was distributing it to people who buy into his herd of dairy cows. So the FDA issued a subpoena and declared it wanted to perform an inspection.
Rogers told the agents if they tried to inspect Hochstetlers farm without a warrant they would be arrested for trespassing. The Department of Justice responded by threatening to arrest Rogers, but Rogers didnt blink. The DOJ and FDA did, however. The subpoena was withdrawn, and the Feds slunk away into the night.
Thanks.
Cloudcroft, NM (September 13, 2011) Congressman Steve Pearce will participate in Otero Countys emergency tree cutting plan on September 17, 2011. Cutting will take place on one acre of the Lincoln National Forest near Cloudcroft in efforts to clean up the forest and decrease the spread of fires.
This is an important day for New Mexico, said Pearce. I look forward to joining in this effort to restore common-sense forest management to New Mexico. It has been an uphill battle to begin logging again in New Mexico, but September 17th will mark the beginning of increased public safety and local environmental resource management. Fires have devastated overgrown forests, and it is time to take back our forests and protect our families. I commend the Otero County Commissioners for their efforts to bring the power back to local government.
The Otero County Commission voted in June to create an emergency plan, allowing the county to forego U.S. Forest Service policy and cut trees in the event of an emergency. They created an 80,000-acre plan that calls for responsible management to protect local watershed and prevent fires that have threatened Cloudcroft for many years.
The media and public are invited to attend the event, which begins at 12:00 noon on September 17th. Congressman Steve Pearce will address a crowd attending Lumberjack Day at the Cloudcroft Ice Rink, across from Cloudcroft High School, to kickoff the event.
Loved reading about Sheriff Gilbertson. He’s leading this movement.
Is this forum a journalism school or something of that sort. I didnt have any problem reading the article but yes, paragraphs would have helped.Get over it!
Bless your little heart.
Thank you for these reports on Elkhart and Otero counties in Indiana and New Mexico. What great news!
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