Why the #Oregonstandoff
at Malheur Matters
In January of this year, several armed individuals occupied
the Malheur National Wildlife
Refuge in an occupation that lasted for weeks, and which, unfortunately,
resulted in the death of one of their leaders who resisted at a roadblock. This event epitomizes a cascade of ideas and
activities that are important for us as a society to consider as we get ready
to learn of the fate of the 7 defendants (many others have already pled guilty
and others await later trials).
Public Lands
Stewardship
First let’s look at Harney County, Oregon, one of the
largest (in terms of area) and least-populous counties in the United
States. Most of the county is in public
hands, owned and managed by the US Bureau of Land Management, US Forest
Service, or US Fish and Wildlife Service.
Recent history since the Sagebrush Rebellion has improved government
relations with local property owners and ranchers, and the public-private partnerships
were beginning to take shape. The
largest Ponderosa Pine forest in the nation, and an important resting and
foraging area in the Malheur NWF were undergoing important restoration with a
definite eye towards public engagement in government programs. Then in early January, it all came crashing
down when the Bundy family and their acolytes decided to take over the wildlife
refuge headquarters.
The Bundy family of course drew national attention two years
previously when they staved off federal seizure of cattle illegally grazing on public
lands near Bunkerville, Nevada. We all
learned a lot about Cliven Bundy, the family elder, and his views and beliefs,
and the BLM surely backed down to avoid further trouble. His sons, Ammon and Ryan, were part of the
January/February takeover of Malheur NWF.
Their dispute over federal grazing rules and fees has resurrected the
Sagebrush Rebellion among many conservative supporters across the west, even
resulting in Utah legislation that calls for a return to state or private
control of federal lands.
The trial is nearly over in Portland for the first 7
defendants of the occupation; many have already pled guilty, and many are also
being charged in Nevada now that they are in Federal custody. Their claims of adverse possession have been
dismissed and the criminal case does not seem to be going to well as far as
improper title to the land by the US government, and the idea that they are not
legal owners of the land. However it is
a complex case and the defense attorneys are providing a spirited defense for
their clients.
Threats to Government
Employees
It is illegal for private citizens to carry firearms into
federal facilities (18 US Code § 930a).
They did it and they should be held accountable for that, but the
government has linked the presence of firearms to a conspiracy charge to
elevate the penalty (I suppose).
Further, they provided credible threats during, prior and after the
occupation to its employees, based on testimony reported by the media. Many federal employees in Harney County (as
many as 25% in one media report) have requested transfers out of the
region.
Damage to and Theft
of Government Property
Government computers were used and office employees’ desks
were searched and materials read. Native
American artifacts may have been damaged or misplaced. Roads were built using government vehicles,
and government cameras stolen and vehicles used improperly (and presumably fuel
to run them).
Suspension of
Important Restoration Work
The invasive carp that have been populating several areas of
the refuge were destroying habitat by removing vegetation and creating
tremendous amounts of suspended sediment in the lakes and ponds on the refuge,
providing for a much less desirable habitat for migratory birds (protected)
using the Pacific flyway. Restoration efforts had begun to further
isolate the carp by refuge biologists in a further attempt at eradication,
efforts which normally take place in the winter/early spring. Those efforts were stalled completely and
many restoration efforts have not yet resumed.
The ecology of the region was undergoing recovery and this event is no
less damaging than a wildfire or drought or flood – an event which may take an
instant in time to do damage, but takes years or decades to recover from.
Renewal of Hostile
Engagements
While the people of Harney County had by all reports largely
put many past disagreements about land stewardship behind them, which is not
the case across much of the west. But
Harney County was being held up as a model of community engagement. I got to witness this first-hand at the Conservation Partnership
meetings in Eugene last year. But the
events of January and February have reopened old wounds and made it more
difficult to have the frank discussions upon which successful community
engagement depends.
A Public Press?
At least one participant claims that he was just a reporter
at the event and did not conspire to commit any crimes, or participate in any
way. What is a journalist, these days,
anyway? Is anyone with a blog or twitter
handle actually allowed to claim “freedom of the press” these days? I’m just sayin’.
And the Mainstream
Press was Largely Silent, …
… except for a few media outlets which have stuck with the
story relentlessly. High Country
News provides great perspective in its series of articles on the return
of the Sagebrush Rebellion. Amanda
Peacher (@amandapeacher) of Oregon Public
Broadcasting and Les Zaitz (@LesZaitz), recently retired from The
Oregonian|Oregon Live, also have provided tremendous reporting aided by
many others in their organizations.
Conrad Wilson (@conradjwilson), Amanda, John Sepulvado (@JohnLGC, now at
KQED) and their team have put together an incredible audio series called This
Land is Our Land and every episode is worth a listen. We need to pay attention to the summations of
the prosecution and defense teams just completed, and of the trial verdicts,
which will come at any time. A great
sense of the trail itself is provided by following Maxine Bernstein’s
(@maxoregonian) reporting for the @Oregonian. It could impact this movement across the west,
and is worthy of our attention.
Domestic Terrorism?
Many of the individuals involved in this and other similar
protests base their views on strict interpretation of Mormon/Christian belief
systems that are not considered mainstream.
They can be dangerous, and are often supported by people who belong to
the Constitutional Sheriffs and Police Officers
Association and many groups who are characterized as hate groups by the Southern
Poverty Law Center. They grab power
and influence where they can, and their supporters who hold public office are
numerous, including county commissioners, sheriffs, state representatives and
senators. Even some candidates for
higher public office have been known to support their views without
qualification. Let’s be careful – many
of these groups are heavily armed and have demonstrated their willingness to
threaten violence against individuals or agencies.
Civil Liberties
Benjamin Franklin once wrote “those who would give up essential liberty to purchase a
little temporary safety deserve neither liberty nor safety”. He wrote this as a representative of the
Pennsylvania Assembly, not as a civil libertarian (that came later!). But the sentiment is there to facilitate
those who espouse one or the other to strike a balance, let’s say.
Bunkerville
When the government was able to “capture” Cliven Bundy as a
result of the situation in Harney County, it also set it motion, finally, the
legal resolution for the case in Bunkerville, and those trials will be ongoing
through 2017. This isn’t over yet, by a
long shot. But we ought to be careful
whenever we hear talk about private citizens raising angry and hostile
objections to “government overreach” on land stewardship. It’s happening a lot out here in the
west. With a tension-filled election
situation about to get resolved (one hopes), let’s hope a tinder-box is not set
to go off.
Paul Ruscher
Eugene OR 10/20/16
