Some history:
“Beginning about 1954, Bundy or his father or both have grazed livestock on public lands owned by the United States and administered by the BLM. For several years, Bundy or his father applied to the BLM to use the Bunkerville Allotment (”Allotment”) for livestock grazing and paid the BLM for the use of the Allotment. Beginning in March 1993, Bundy refused to pay the grazing bills or apply for use of the Allotment.
From 1973 or before until 1993, the BLM issued to Bundy’s father and Bundy, as his father’s representative, ephemeral grazing permits to graze livestock on the Allotment. Regions classed as ephemeral do not consistently produce forage, but periodically provide annual vegetation suitable for livestock grazing. 33 FED. REG. 18245. Before grazing on an ephemeral range, a person must submit an application to the BLM. The BLM will determine if adequate forage is available and that the use is consistent with all of the terms and conditions of the permit.
The last grazing fees paid by Bundy to the BLM was for the period of December 1, 1992 to February 28, 1993. See Exhibit 7 to #11, Mot. Summ. Jud. The last grazing application was for the same period. See Exhibit 8 to #11. The government contends Bundy did not have authorization to graze livestock on the Allotment after February 28, 1993.
On February 26, 1993, Bundy sent an Administrative Notice of Intent to the BLM, which stated his intent to graze cattle “pursuant to my vested grazing rights.” See Exhibit 10 to #11. Bundy sent several more Administrative Notice[s] of Intent in the months that followed. On June 16, 1993, the BLM sent Bundy a letter informing him that his application had not been received to graze livestock for the June 15, 1993 to August 31, 1993 period. The BLM included another application for Bundy to fill out and return. See Exhibit 12 to #11. Bundy responded to the BLM letter with another Administrative Notice and Intent, stating, among other things, that the BLM has produced no documents showing it had jurisdiction over the public lands. See Exhibit 13 to #11. The BLM began trespass detection efforts at the end of June 1993.
On July 13, 1993, the BLM sent Bundy a Trespass Notice and Order to Remove and gave him ten days to respond. As requested by Bundy, the BLM informed Bundy in a July 27, 1993 letter that it would extend the response time to 30 days. On August 19, 1993, Bundy sent another Administrative Notice and Intent, stating the BLM lacked proof that it had jurisdiction. See Exhibit 16 to #11.
On January 24, 1994, the BLM delivered a Proposed Decision Order to Remove and Demand for Payment to Bundy by placing it on the dashboard of Bundy’s vehicle while he was in the vehicle. BLM officials allege that Bundy became agitated, walked out of his truck and accused the BLM of harassing him. He then returned to his truck, threw the decision out of the window and drove away. One of Bundy’s sons then picked up the decision, tore it into pieces and threw it on the ground.
On February 17, 1994, the BLM issued a final decision canceling Bundy’s ephemeral range grazing permit. On March 3, 1994, Bundy sent a check for $1,961.47 to Clark County for grazing fees. The BLM calculated that this amount is equal to the amount Bundy would pay to graze 85 cattle on the Allotment for a 12-month period if the fees were paid to the BLM in advance. Clark County returned the check to Bundy since it did not have jurisdiction over the Allotment.”
I’ve read one article in which the man claimed his family had had access to that land back to the late 1800’s. Any idea if that’s true?