Two South Dakota prescribed burns, ignited by the U.S. Forest Service, blew out of control, burning thousands of acres of federal and private land in 2013. Ranchers that suffered extensive property damage from the Perkins County, South Dakota, “Pautre fire,” filed tort claims in accordance with federal requirements, but will receive no compensation because USDA found the U.S. Forest Service not responsible for that fire.
Why the Hammonds?
“The story is like an onion, you just keep peeling back the layers,” Maupin said.
In an effort to stave off what they feared was a pending Clinton/Babbitt monument designation in 2000, a group of ranchers on the scenic Steens Mountain worked with Oregon Representative Greg Walden, a republican, to draft and enact the Steens Mountain Cooperative Management and Protection Act that would prevent such a deed. The ranchers agreed to work with special interest “environmental” groups like the aggressive Oregon Natural Desert Association and others to protect the higher-than 10,000 foot breathtaking peak.
A number of ranchers at the top of the mountain traded their BLM permits and private property for land on the valley floor, allowing the anti-grazing groups to create a 170,000 acre wilderness, with almost 100,000 acres being “cow-free.”
“The last holdouts on that cow-free wilderness were the Hammonds,” explained Maupin. And because the Hammonds have large chunks of private property in the heart of the cooperative management area, they carried a target on their backs.
“It’s become more and more obvious over the years that that the BLM and the wildlife refuge wanted that ranch. It would tie in with what they have,” said Inglis.
The Hammonds also lost their ability to water cattle on one BLM permit when refuge personnel drained a watering hole that the Hammonds had always used.
Maupin said the government scientists and resource managers working “on the ground” supported the Hammonds’ use of the water but that the high level bureaucrats backed special interest anti-grazing groups. “There is a huge disconnect between employees on the ground and the decision-makers,” she said, building tension between ranchers and federal agencies.
In the Hammonds’ plea agreement in the 2012 trial, the BLM obtained the first right of refusal should the family have to sell their land and BLM leases, Maupin added.
The Maupins themselves had a small lease that also bordered the “cow-free wilderness” and the Oregon Natural Desert Association was “relentless in their pursuit to have us off, in order to expand the cow-free wilderness,” Maupin said. The group would criticize the ranchers’ water usage, causing them to pipe water to their cattle, which in turn instigated more complaints from the group.
Eventually the Maupins sold their permit and moved.
But the Hammonds remained.
Steve and Dwight Hammond are sheduled to turn themselves in for their prison sentences next week but there is a severe Constitutional problem with their entire case: The federal government is not authorized to own or manage the land involved in this affair! Thus, it was patently illegal for the feds to have ever prosecuted these men and thrown them in jail. Even worse, after the men served their sentences, the government came back to court to have them jailed LONGER! That's what is set to begin this coming week! THAT is why the militia is stepping-up; because the feds are running roughshod over the Constitution. They are exercising power they do not have and ignoring the constitution. Some view the federal government as having become tyrants.
The Hammond family has sold their cattle. Their BLM permit has not been renewed for two years, leaving them unable to use even a large amount of intermingled private land.
The family is in the “last challenge” to re-obtain their grazing permit. “I don’t know what happens after that,” Susan said. “We have done everything according to their rules and regulations and there is no reason that they should not give us back our permit.”
The new, five-year prison sentence sets a worrisome precedent for area ranchers, Maupin said.
“Now the sky is the limit. It doesn’t have to be fire, it can be trespass with cattle.”
Another precedent – one for fire that burns beyond expectations – should apply to everyone, including federal employees, though, Maupin points out.
Susan Hammond isn’t sure where to go from here.
“We’ve been fighting it for five years. We don’t want to destroy people as we are fighting it even if it is a BLM employee,” she said, “They live in our community and they have families. We respect that.” The situation could get even more ugly but that “it’s not going to be our fault,” she said.
Maupin talked about the Hammonds helping her and her husband with ranch work, like hauling cattle, lending portable panels and never expecting anything in return. Wilber recalled them hauling 4-H calves to the fair for neighbors and Inglis said Dwight once offered to lend him money because he thought he needed help. “Here’s a guy with $400,000 in fines and legal bills I can’t imagine, worrying about my welfare,” said Inglis.
“I think that’s the biggest point of all of this – how can you prosecute people as terrorists when they aren’t a terrorist?”
Which brings us to today . . .
Several hundred armed Patriots from various Militia have now seized the federal wildlife refuge and its buildings. Instead of the feds getting the Hammond Ranch, the feds have now lost their wildlife refuge. The Militia have brought trailer loads of supplies and plan to keep control of the federal wildlife area "for years."
Among the occupiers is Ammon Bundy, son of Nevada rancher Cliven Bundy, and two of his brothers. Militia members at the refuge claimed they had as many as 150 supporters with them. The refuge was closed and unoccupied for the weekend.
In phone interviews from inside the occupied building Saturday night, Ammon Bundy and his brother, Ryan Bundy, said they are not looking to hurt anyone. But they would not rule out violence if law enforcement tries to remove them, they said, though they declined to elaborate.
"The facility has been the tool to do all the tyranny that has been placed upon the Hammonds," Ammon Bundy said.
"We're planning on staying here for years, absolutely," he added. "This is not a decision we've made at the last minute."
Neither would say how many people are in the building or whether they are armed. Ryan Bundy said the group would release a statement shortly.
"We will do whatever it takes to maintain our freedom," he said.
Government sources told SuperStation95 that the militia also was planning to occupy a closed wildland fire station near the town of Frenchglen. The U.S. Bureau of Land Management posts crews there during the fire season.
Law enforcement officials so far have not commented on the situation. Oregon State Police, the Harney County Sheriff's Office and the FBI were involved.
Ammon Bundy had a video posted on his Facebook page calling on patriots from across the country should to report to the refuge – with their weapons.
Burns Protest Marchers including militia and local residents Saturday head for the Harney County Courthouse as part of a protest against government.
The dramatic turn came after other militia groups had tried to damp down community concerns they meant trouble.
Brandon Curtiss, a militia leader from Idaho, told SuperStation95 he knew nothing about the occupation. He helped organize Saturday's protest and was at the Harney County Fairgrounds with dozens of other militia for a post-parade function.
The occupation is being led by hard-core militia who adopted the Hammond cause as their own.
Ammon Bundy met with Dwight Hammond and his wife in November, seeking a way to keep the elderly rancher from having to surrender for prison. The Hammonds professed through their attorneys that they had no interest in ignoring the order to report for prison.
Ammon Bundy said the goal is to turn over federal land to local ranchers, loggers and miners. He said he met with 10 or so residents in Burns on Friday to try to recruit them, but they declined.
"We went to the local communities and presented it many times and to many different people," he said. "They were not strong enough to make the stand. So many individuals across the United States and in Oregon are making this stand. We hope they will grab onto this and realize that it's been happening."
Among those joining Bundy in the occupation are Ryan Payne, U.S. Army veteran, and Blaine Cooper. Payne has claimed to have helped organize militia snipers to target federal agents in a standoff last year in Nevada. He told one news organization the federal agents would have been killed had they made the wrong move.
He has been a steady presence in Burns in recent weeks, questioning people who were critical of the militia's presence. He typically had a holstered sidearm as he moved around the community.
At a community meeting in Burns Friday, Payne disavowed any ill intentions.
"The agenda is to uphold the Constitution. That's all," he said.
Cooper, another militia leader, said at that meeting he participated in the Bundy standoff in Nevada.
"I went there to defend Cliven with my life," Cooper said.
The Constitution Proves the Militia is RIGHT!
The militia is correct in it's interpretation of this case.
Art. I, Sec. 8, Cl. 17 of the U.S. Constitution, which reads as follows:
"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, dock-Yards, and other needful Buildings."
Based upon the Constitution itself the federal government has no actual authority over the lands that they claim the Hammonds burned. It is State land, and there is none of the above functions of the Federal government taking place that would permit federal land ownership.
And as an added note, Congress cannot lawfully add to their listed powers, jurisdiction or authority through the legislative process. That must be done by the Amendment process in the Constitution itself despite lies that saboteurs will try on you. Any so called 'act of Congress' that furthers their power in violation of the listed duties in the Constitution itself is in fact null and void as if it had never been enacted.