Nye County Nevada and Surrounding Citizens,
A notice from the federal registry reveals that the federal government is seeking even more power over the Nye County people by claiming further control of the lands and resources. Federal Register / Vol. 79, No.197 Notice, outlines plans to make much more of Nye County, Areas of Critical Environmental Concern (ACECs). ACEC’s are human restricted areas.
The Nye County people soon will have less access to their lands and resources than any other people in the history of this country.
On December 1st Nye County Commissioners held a meeting discussing the federal attempt for more control over the land and resources in the county.
Due to the unanimous voice of the citizens of Nye County, the commissioners ended the meeting with a decision to draft a resolution revoking any authority the county had given the BLM and declaring that federal agencies do not have constitutional authority to administer land or resources in the State of Nevada including Nye County.
The resolution was first drafted by Commissioner Donna Cox and her staff. Three revisions were later made with input from the public to more closely align the resolution to the people’s will. This second draft the “People’s Draft” incorporated the following changes:
1-The word “federal” was stricken before land, implying that the land belongs to the people, not to the federal government.
2- “Whereas” were added to strengthen the constitutional position of the county’s resolution
3-“past and present” were also added in the last line to clarify that the county will not continue authorizing federal control
Changes up to this time were inline with the people’s desires and the U.S Constitution. and then sent to the other commissioners.
AND THEN...(read on)
On December 16th the commissioners were scheduled to pass the resolution. However, on account of some wavering, the commission announced that they are going to postpone the vote until next month. Nye County Citizens voiced concern that the bill would be changed and lose its purpose.
County Commissioner Frank Carbone said “Most of the people are probably worried we’re not going to get something on the table, He then added support for the “People’s Draft”, by saying, “But the majority of the things we’ve seen, from the redlining and changing, they’re pretty spectacular,”.
Although, county commissioner Butch Borasky said he liked the “People’s Draft”, he wanted the district attorney’s office to review it. He then made an extremely concerning comment. Speaking of the peoples draft, Broasky said, “... there was a statement made that it would take us out of the "cooperating agency status" and I think if we did that we’d have to have our heads examined because we’d be abdicating that position of power over to the BLM.”
This statement from Commissioner Borasky sends the message that Nye County gets its authority from the BLM through the “cooperating agency status”, and without it, the county would have no authority over the lands. Such a message underscores the ignorance that too many of our elected leaders exhibit when dealing with the federal government.
The BLM have no authority in Nye county unless the people give it to them. Period. According to the constitution, the moment Nevada became a State, the authority to govern the lands and resources inside the State transfers from federal to the People of Nevada and therefore, the People of Nye County.
A notice from the federal registry reveals that the federal government is seeking even more power over the Nye County people by claiming further control of the lands and resources. Federal Register / Vol. 79, No.197 Notice, outlines plans to make much more of Nye County, Areas of Critical Environmental Concern (ACECs). ACEC’s are human restricted areas.
The Nye County people soon will have less access to their lands and resources than any other people in the history of this country.
On December 1st Nye County Commissioners held a meeting discussing the federal attempt for more control over the land and resources in the county.
Due to the unanimous voice of the citizens of Nye County, the commissioners ended the meeting with a decision to draft a resolution revoking any authority the county had given the BLM and declaring that federal agencies do not have constitutional authority to administer land or resources in the State of Nevada including Nye County.
The resolution was first drafted by Commissioner Donna Cox and her staff. Three revisions were later made with input from the public to more closely align the resolution to the people’s will. This second draft the “People’s Draft” incorporated the following changes:
1-The word “federal” was stricken before land, implying that the land belongs to the people, not to the federal government.
2- “Whereas” were added to strengthen the constitutional position of the county’s resolution
3-“past and present” were also added in the last line to clarify that the county will not continue authorizing federal control
Changes up to this time were inline with the people’s desires and the U.S Constitution. and then sent to the other commissioners.
AND THEN...(read on)
On December 16th the commissioners were scheduled to pass the resolution. However, on account of some wavering, the commission announced that they are going to postpone the vote until next month. Nye County Citizens voiced concern that the bill would be changed and lose its purpose.
County Commissioner Frank Carbone said “Most of the people are probably worried we’re not going to get something on the table, He then added support for the “People’s Draft”, by saying, “But the majority of the things we’ve seen, from the redlining and changing, they’re pretty spectacular,”.
Although, county commissioner Butch Borasky said he liked the “People’s Draft”, he wanted the district attorney’s office to review it. He then made an extremely concerning comment. Speaking of the peoples draft, Broasky said, “... there was a statement made that it would take us out of the "cooperating agency status" and I think if we did that we’d have to have our heads examined because we’d be abdicating that position of power over to the BLM.”
This statement from Commissioner Borasky sends the message that Nye County gets its authority from the BLM through the “cooperating agency status”, and without it, the county would have no authority over the lands. Such a message underscores the ignorance that too many of our elected leaders exhibit when dealing with the federal government.
The BLM have no authority in Nye county unless the people give it to them. Period. According to the constitution, the moment Nevada became a State, the authority to govern the lands and resources inside the State transfers from federal to the People of Nevada and therefore, the People of Nye County.
Nye county has tolerated the abuses of the BLM in the past, presumably because the people didn’t understand the threat it posed to their liberties. The ACEC’s and the forces that came to the Bundy Ranch are just two example of many that help us all understand why the BLM never should have authority in Nye County.
Hundreds, if not thousands, of ranchers, loggers, miners and many others have had their livelihoods destroyed because the county has allowed the BLM and other federal agencies to claim and administer the land and resources that rightfully belong to the people of Nye County. The economic and non-economic destruction is immeasurable.
So what does Borasky say about it? If we end this abusive use of illegal power, we need to have our heads examined. Perhaps there is only one head that needs examining.
**Why would a county which holds the authority to govern the land and resources inside its borders relinquish that authority to a historically predatory agency that is forcibly destroying the livelihoods of the citizens in the county? ...Why?**
After a few weeks and many changes to the resolution, we now have a final draft, we labeled it the “Borasky’s Draft”. With little surprise, we find that the “Borasky Draft” reflects the comments that Commission Borasky made regarding where he believes county authority comes from.
The “Borasky Draft” fails in representing the people’s desires. The commissioners involved have changed certain words and phrases to the once simple and bold constitutional resolution, into a meaningless document that does not protect the rights of the people.
Commissioner Borasky along with other commissioners, have revised the resolution so as to not offend the BLM and threaten the counties “cooperating agency status”. This shows ignorance, fear, or corruption, it is hard to tell which.
If the Borasky version of the resolution is passed, nothing will have been accomplished, and the BLM will see the weakness in the commission’s will to stand for the people's rights. With this draft it does not repudiate the illegitimate power of the BLM. In fact the latest changes to the resolution by the commissioners, legitimizes the BLM’s continuing devastation to the land and the people’s livelihoods.
These latest changes to the resolution represent ignorance and contradicts the original purpose of the entire document. In this draft, it in no way restores the use of the land and resources back to the people, with Nye County as their protector. It also does not challenge the unconstitutional action of the BLM in controlling the land and resources.
It would appear that the intents of a few commissioners are to maintain the “cooperating agency status” with the BLM. Therefore allowing the devastation, of the people’s rights to the land and resources, to continue. Meanwhile ignoring the voice of those who vote them in.
**ACTION NEEDED** This resolution is scheduled to be voted on by the commission next Monday, January 5th 2015. The People of Nye County and surrounding Counties and States must immediately contact the county commissioners before the vote and demand that the resolution be returned to its original intent, as espoused in the Unified Draft. See below
NYE COUNTY COMMISSIONERS
District 1
Commissioner Lorinda Wichman
Vice-Chairman
HC 60 Box 51363
Round Mountain, NV 89045
(775) 761-1626 - Cell
Email: lawichman@gmail.com
District 4
Commissioner
Andrew "Butch" Borasky
2100 E. Walt Williams Dr., Ste. 100
Pahrump, NV 89048
(775) 751-7075 - County Office
(775) 513-9388 - County Cell
(775) 751-7093 - County Fax
Email:aborasky@co.nye.nv.us
District 2
Commissioner Frank Carbone
2100 E. Walt Williams Dr., Ste. 100
Pahrump, NV 89048
(775) 751-7075 - County Office
(775) 513-9736 - County Cell
(775) 751-7093 - County Fax
Email:fcarbone@co.nye.nv.us
District 5
Commissioner Dan Schinhofen
Chairman
2100 E. Walt Williams Dr., Ste. 100
Pahrump, NV 89048
(775) 751-7075 - County Office
(775) 513-8491 - County Cell
(775) 751-7093 - County Fax
Email: dschinhofen@co.nye.nv.us
District 3
Commissioner Donna Cox
2100 E. Walt Williams Dr., Ste. 100
Pahrump, NV 89048
(775) 751-7075 - County Office
(775) 253-0828 - County Cell
(775) 751-7093 - County Fax
Email: coxdonnac@msn.com
PROPOSED UNIFIED DRAFT - (THE PEOPLES AND THE COMMISSIONERS DRAFT)
This is the proposed draft supporting the peoples intent. Please compare.
NYE COUNTY RESOLUTION NO. 2014-51
A RESOLUTION SAYING “NO” TO THE BUREAU OF LAND MANAGEMENT
WHEREAS, the Bureau of Land Management (hereinafter “BLM”) are currently revising their Resource Management Plans (hereinafter “RMPs”) within Nye County; and
WHEREAS, Nye County is a Cooperating Agency to the RMP update process, whose comments and requests have been largely ignored by BLM; and
WHEREAS, the BLM has enacted and enforced rules and regulations that have caused Nye County to suffer severe economic and environmental damage; and
WHEREAS, the intent of both the National Mining and Mineral Act of 1970 and the General Mining Act of 1872 is to encourage a strong private mining sector and resource development. Further withdrawal of mineral bearing land or locatable mineral entry by the BLM is in clear conflict with established law; and
WHEREAS, the public meeting held by the Board of County Commissioners on December 1, 2014, exposed an alleged non-disclosure agreement (within the Cooperating Agency Memorandum of Understanding) in violation of the intent of the 1969 National Environmental Policy Act (NEPA) as amended; and
WHEREAS, the Commissioners and public dispute the authority of BLM to manage land and perform land planning without acknowledging and supporting a healthy economic base consistent with the fiscal desires and expectations of the public to retain all current use and access to that land;
and
WHEREAS, Nevada was admitted as a state in 1864 (the same year Nye County was established), and is no longer administered under U.S. Territorial auspices, as defined in article 4, section 3 of the U.S. Constitution; and
WHEREAS, Article 1, section 8, clause 17 of the U.S. Constitution prevents the federal government from owning lands inside Nye County, unless purchased by consent of the Nevada State Legislature, and only for the erection of forts, magazines, arsenals, dockyards, and other needful buildings; and
WHEREAS, legislative findings contained in NRS 321.596 conclude that Nevada land being claimed by the Federal Government is without lawful foundation and in violation of the Constitution of the United States.
NOW, THEREFORE, BE IT RESOLVED by the Nye County Board of Commissioners: That Nye County does not recognize the authority of the BLM to manage land or perform land planning on lands within the borders of Nye County; and
BE IT FURTHER RESOLVED that the people of Nye County by virtue of the U.S. Constitution, the supreme law of the land, claim ownership to all the land, and resources within the borders of Nye County, State of Nevada and herby repudiate the Federal Government's claim of ownership, control and jurisdiction over lands and resources in Nye County; and
BE IT FURTHER RESOLVED that the Nye County Board of Commissioners says "No" to any past, present and future encroachment, restriction and regulation of lands and resources within the borders of Nye County or any future participation in the federal RMP process .
BORASKY’S DRAFT
This is the draft (resolutions only) after the commissioners made their changes. Please compare.
NOW, THEREFORE, BE IT RESOLVED by the Nye County Board of Commissioners: by virtue of the BLM failing to abide by existing federal policies, procedures and processes, particularly, the responsible implementation of NEPA, does not recognize the authority of the BLM to conduct the aforementioned public land restructuring RMP, which denies the public access and use of public lands within the borders of Nye County; and
BE IT FURTHER RESOLVED that Nye County shall continue to support any and all actions to legally relieve the Federal Government of ownership, control and jurisdiction over public lands in Nye County, and demand that the Federal Government dispose and convey all right, title and interest thereto unto the State of Nevada; and
BE IT FURTHER RESOLVED that the Nye County Board of Commissioners says "No" to any past, present and future encroachment, restriction and regulation of public lands within the borders of Nye County unless the proposed change has the full and complete agreement and ratification of the public and Nye County Board of Commissioners.
NYE COUNTY RESOLUTION NO. 2014-51
A RESOLUTION SAYING “NO” TO THE BUREAU OF LAND MANAGEMENT
WHEREAS, the Bureau of Land Management (hereinafter “BLM”) are currently revising their Resource Management Plans (hereinafter “RMPs”) within Nye County; and
WHEREAS, Nye County is a Cooperating Agency to the RMP update process, whose comments and requests have been largely ignored by BLM; and
WHEREAS, the BLM has enacted and enforced rules and regulations that have caused Nye County to suffer severe economic and environmental damage; and
WHEREAS, the intent of both the National Mining and Mineral Act of 1970 and the General Mining Act of 1872 is to encourage a strong private mining sector and resource development. Further withdrawal of mineral bearing land or locatable mineral entry by the BLM is in clear conflict with established law; and
WHEREAS, the public meeting held by the Board of County Commissioners on December 1, 2014, exposed an alleged non-disclosure agreement (within the Cooperating Agency Memorandum of Understanding) in violation of the intent of the 1969 National Environmental Policy Act (NEPA) as amended; and
WHEREAS, the Commissioners and public dispute the authority of BLM to manage land and perform land planning without acknowledging and supporting a healthy economic base consistent with the fiscal desires and expectations of the public to retain all current use and access to that land;
and
WHEREAS, Nevada was admitted as a state in 1864 (the same year Nye County was established), and is no longer administered under U.S. Territorial auspices, as defined in article 4, section 3 of the U.S. Constitution; and
WHEREAS, Article 1, section 8, clause 17 of the U.S. Constitution prevents the federal government from owning lands inside Nye County, unless purchased by consent of the Nevada State Legislature, and only for the erection of forts, magazines, arsenals, dockyards, and other needful buildings; and
WHEREAS, legislative findings contained in NRS 321.596 conclude that Nevada land being claimed by the Federal Government is without lawful foundation and in violation of the Constitution of the United States.
NOW, THEREFORE, BE IT RESOLVED by the Nye County Board of Commissioners: That Nye County does not recognize the authority of the BLM to manage land or perform land planning on lands within the borders of Nye County; and
BE IT FURTHER RESOLVED that the people of Nye County by virtue of the U.S. Constitution, the supreme law of the land, claim ownership to all the land, and resources within the borders of Nye County, State of Nevada and herby repudiate the Federal Government's claim of ownership, control and jurisdiction over lands and resources in Nye County; and
BE IT FURTHER RESOLVED that the Nye County Board of Commissioners says "No" to any past, present and future encroachment, restriction and regulation of lands and resources within the borders of Nye County or any future participation in the federal RMP process .
BORASKY’S DRAFT
This is the draft (resolutions only) after the commissioners made their changes. Please compare.
NOW, THEREFORE, BE IT RESOLVED by the Nye County Board of Commissioners: by virtue of the BLM failing to abide by existing federal policies, procedures and processes, particularly, the responsible implementation of NEPA, does not recognize the authority of the BLM to conduct the aforementioned public land restructuring RMP, which denies the public access and use of public lands within the borders of Nye County; and
BE IT FURTHER RESOLVED that Nye County shall continue to support any and all actions to legally relieve the Federal Government of ownership, control and jurisdiction over public lands in Nye County, and demand that the Federal Government dispose and convey all right, title and interest thereto unto the State of Nevada; and
BE IT FURTHER RESOLVED that the Nye County Board of Commissioners says "No" to any past, present and future encroachment, restriction and regulation of public lands within the borders of Nye County unless the proposed change has the full and complete agreement and ratification of the public and Nye County Board of Commissioners.
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