Kathleen has a unique message for many markets.

BLM Operates Outside the Law

Most people think "BLM" stands for the Bureau of Land Management. In a more honest and proud time-it did. Now, however, these initials have unfortunately come to mean the Bureau of Lawless Manipulation. Bruce Babbitt, masquerading as Secretary of the Department of Interior, has once again attempted to write a new chapter in his management manifesto known as The World According to Bruce. This chapter intends to eliminate Americans' rights under established public law to renew/transfer public land grazing permits. Consequently, 4,500 grazing permits are at risk of termination effective September 30, 1999.

To prevent this clear Federal abuse, a number of public land users have filed suit in federal district court in Denver. The CO Public Lands Council; WY Farm Bureau; National Public Lands Council; OR Cattlemen's Association; WY Wool Growers Association; FNF Properties, LLC, A New Mexico ranching operation; and Alameda Bookcliffs Ranch of Utah. Each of these ranching operations runs livestock on public lands. The suit is directed at Bruce Babbitt.

The suit is challenging the legality of Babbitt's December 1998 Memorandum (99-039) which "requires the BLM to prepare an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) for each and every individual grazing permit or lease issuance or renewal or provide a detailed "administrative determination" that the existing NEPA analysis is sufficient." NEPA refers to the National Environmental Policy Act. According to Babbitt's management manifesto, if one of these documents is not in place by September 30-for each and every permit, then the permit is terminated. Cattle/sheep would have to be removed from the allotment-end of chapter!

No one is objecting to the longstanding requirements for environmental compliance already set forth under regulation and law. The objection and basis of the lawsuit is that such action as spelled out in Memorandum (99-039) is establishing new regulations without the required hearings or publication in the Federal Register. This memorandum eliminates grazers' rights of appeal guaranteed by federal land laws.

The BLM has taken a ruling by one of the agency's Administrative law judges that a particular permit (Comb/Wash allotment) had to have either an EA or an EIS to bring it into compliance with a newer resource management plan. Rulings by BLM Administrative law judges do not carry the power to make federal land policy. However, Babbitt is attempting to interpret this ruling as policy and apply it to all 4,500 grazing permits. This constitutes an illegal effort to ignore the legal requirements for changing rules and regulations. Equally important as the illegality of this effort is the underlying agenda, i.e. getting all commodity use off of public lands.

The grazers involved are completely at the mercy of the BLM's ability to meet an absurd and illegal deadline. Babbitt knows that such an illegal deadline is the same as requiring straw be spun in to gold. Unfortunately for Americans, the only spin going on here attempts to weave dishonesty into the workings of a once honest agency. Having gotten his political and public image severely damaged back in 1993/94, when he held court around the West on Rangeland Reform , Bruce Babbitt now attempts to avoid the public spotlight and the scrutiny that brings. This man rarely leaves Washington to travel West where people recognize him for the public servant he most definitely is not. It's much easier on his ego to issue totalitarian rulings from inside the Beltway. Also, from a distance there is less political damage to repair with an election just around the corner. As we have all come to learn — the political ecosystem comes before all else!

Managers of public lands constantly refer to their role as protectors of the natural resources. That is only one-half of their responsibility. The other half-the neglected half is their responsibility to protect Americans from the constantly changing political winds that would deny them their legal rights to access and utilize their natural resources in compliance with public laws. Fulfilling these responsibilities equally would create the "balance" agency folks always talk about but never seem to find.

This Administration is one of lawlessness. Law or regulation that does not suit a goal is to be ignored or manipulated. The end always justifies the means in the Bureau of Lawless Manipulation. Bruce Babbitt has seen the enemy and the enemy is the inconvenience of complying with law!

Permission granted to reprint in full or part with full credit given to author.