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History of Cattle Trespass
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In 1993, some of the terms of Mr. Bundy’s grazing permit for the Bunkerville allotment were modified to protect the desert tortoise. Mr. Bundy did not accept the offered grazing permit and subsequently stopped paying grazing fees. The BLM then cancelled Mr. Bundy’s grazing permit but Mr. Bundy continued to graze his cattle in the Bunkerville Allotment. A portion of the Bunkerville Allotment is National Park Service (NPS) lands which BLM managed by agreement with NPS.
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In 1997, in accordance with the Desert Tortoise Recovery Plan and the Biological Opinion released by the U.S. Fish and Wildlife Service, active grazing permits in tortoise habitat were purchased by Clark County under the Clark County Multi-Species Habitat Conservation Program. Mr. Bundy rejected a tentative proposal to compensate him for any stockwater rights or range improvements he might have in his former allotment.
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In 1998, the United States filed a civil complaint against Mr. Bundy for his continued trespass grazing in the Bunkerville Allotment. The U.S. District Court for the District of Nevada issued an order permanently enjoining Mr. Bundy from grazing cattle on the Bunkerville allotment, ordered him to remove all trespass cattle and set a penalty of $200 per day per animal remaining on the federal range.
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In 1999, the Ninth Circuit Court of Appeals upheld the District Court’s permanent injunction. When Mr. Bundy failed to remove his livestock as directed by the District Court, the United States filed a motion to enforce the permanent injunction and the District Court ordered Mr. Bundy to pay $1,377 as willful repeated trespass damages and adjusted fines to be consistent with regulatory rates of $45.90 per day for each day Mr. Bundy’s cattle remained on the allotment based on a herd size of 51 cows BLM had documented as still remaining on the federal range.
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In 1999, the Las Vegas Field Office Resource Management Plan designated the Bunkerville allotment as “Closed to Grazing” to protect desert tortoise habitat.
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In 2008, BLM issued a decision to cancel Mr. Bundy’s range improvement authorizations (one range improvement permit and ten cooperative agreements). Mr. Bundy submitted a letter objecting to the action which BLM forwarded to the Interior Board of Land Appeals (IBLA) as an appeal. The IBLA issued a decision affirming the BLM’s cancellation decision on December 22, 2008.
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In March 2011, BLM counted 903 cattle from a helicopter spread out over approximately 90 miles in northeast Clark County within the Gold Butte area, including Lake Mead National Recreation Area. Of the 564 cattle that were in locations that could be accessed by ground teams, 43 percent had no identifying marks, 41 percent had either brands or earmarks registered to Cliven Bundy and 16 percent could not be viewed from all sides to determine ownership information.
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In 2011, BLM [has] issued Mr. Bundy a Trespass Notice and Order to Cease and Desist; a Trespass Decision and Order to Remove; and a Notice of Intent to Impound. None of these communications resulted in Mr. Bundy’s voluntary removal of the trespass cattle from the public lands.
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In August 2011, cattle were counted by helicopter in the Gold Butte Areas of Critical Environmental Concern (ACECs), Mormon Mesa ACEC and Lake Mead National Recreation Area. Of the 729 cattle counted, only 278 cattle were in locations that could be accessed by the ground teams.
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In February 2012, approximately 600 cattle were spotted by helicopter including Gold Butte Areas of Critical Environmental Concern (ACECs), Mormon Mesa ACEC and Lake Mead National Recreation Area. Approximately 50 cattle were counted in Lake Mead National Recreation Area and 550 were counted on BLM managed public lands.
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In April 2012, 750 cattle were identified by helicopter on the federal lands. An impoundment operation scheduled to take place in April 2012 was cancelled a day before operations were set to begin.
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In May 2012, the United States filed a Complaint seeking declaratory and injunctive relief for Cliven Bundy’s trespass grazing within the Gold Butte area outside the Bunkerville Allotment, including within Lake Mead National Recreation Area.
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In April 2013, the United States filed a Motion to Enforce the 1998 Permanent Injunction against Cliven Bundy for the Bunkerville Allotment.
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In May 2013, 795 cattle were counted by helicopter on the federal lands.
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On July 9, 2013, U.S. District Court of Nevada Judge Lloyd George permanently enjoined Cliven Bundy’s trespass grazing and ordered Cliven Bundy to remove his trespass cattle from public land outside the former Bunkerville Allotment within 45 days, stating that the United States is authorized to seize and impound any cattle that remain in trespass after 45 days.
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On October 9, 2013, U.S. District Court of Nevada Judge Larry Hicks reiterated that Cliven Bundy is permanently enjoined from grazing the Bunkerville Allotment and has no legal right to graze the federal lands, directed him to remove his trespass cattle from the former Bunkerville Allotment within 45 days, authorized the United States to impound his cattle if he fails to remove them within 45 days or continues to trespass at a future date and directed Mr. Bundy not to physically interfere with an impoundment action.
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In December 2013, BLM counted 568 cattle by helicopter that remain on the federal lands that are subject to the permanent injunctions.
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