Showing posts with label crime. Show all posts
Showing posts with label crime. Show all posts

March 25, 2018

Mojave National Preserve releases plan to remove most man-made wildlife water

Most small game guzzlers like this one would be removed or neglected into a non-functioning condition under the new NPS policy.

By JIM MATTHEWS
www.OutdoorNewsService.com


This has happened before.

The Mojave National Preserve released its Management Plan for Developed Water Sources on Tuesday this past week along with the environmental assessment of the plan’s impacts, effectively laying the groundwork for the abandonment or removal of well over 100 historic man-made water sources and developed springs used by wildlife.

Wildlife enthusiasts have been down this road before on the Preserve, when its second superintendent, Mary Martin, directed the removal and destruction of historic cattle water sources that had served wildlife for over 75 years. This was a direct violation of the Preserve’s own management plan that called for the evaluation of the impacts that water removal would have before they were removed. That evaluation never happened, but over 100 water sources that benefitted wildlife were removed that time around.

Now, this week’s document lists four alternatives for action within the plan, but all four would lead to the loss of all but two or three of the developed water sources within designated wilderness areas. It would also lead to the loss of dozens of water sources outside of wilderness.

The impacts on wildlife this would cause within the Preserve are dismissed and not addressed in any detail in the plan, calling the impacts “localized and small,” without any supporting documentation.

The public has a 30-day window (until April 19) to comment on the plan. More information and copies of the plan are available on the Preserve website at this direct address: http://parkplanning.nps.gov/moja_waterplan_ea.

Behind the scenes, the Department of Fish and Wildlife field staff is seething over the NPS’ plan. These are the scientists who are watching decades of their water development work and resulting successes wildlife protection and mitigation for natural water source losses across the desert.

The official DFW statement from Jordan Traverso, Sacramento-based information chief, hinted at the outrage, but was restrained.

“Natural and reliable surface water sources are not always available in the current desert environment,” she said Saturday. “The Department has worked with many partners over the years, including the NPS, to establish and document the importance of reliable water sources for wildlife. Across the California desert and since the early 1950s, wildlife water developments have provided this basic necessity to support and stabilize desert wildlife populations.

“While wilderness protection would guide land managers toward keeping a natural and undeveloped landscape, the wildlife that live in these landscapes deal with the reality of the anthropogenic changes imposed upon them. Though they offer protection, large and wild spaces alone do not necessarily ensure that a viable wildlife population can be maintained in perpetuity given some of those changes on the landscape.

“As wildlife managers, we look forward to collaborating with land managing agencies to ensure that wildlife and the habitat needs they require are secured when making changes to available resources within the landscape.”

Hunting conservation groups feel betrayed. Their decades-long conservation efforts to restore and update these man-made guzzlers, spring developments, and the conversion of cattle water to wildlife water on the Preserve are set to be abandoned or destroyed.

In a nutshell, the plan is an assault on all wildlife within the preserve and spells out the agency’s vision of “wilderness.” That vision comes at the expense of all desert wildlife and virtually all the other mandates called for in the Preserve’s management plan. Those who have battled through the 233 pages of “bias and hypocrisy” have pointed out major flaws common to all alternatives.

Cliff McDonald, the president of Water for Wildlife, a conservation group that has repaired over 160 guzzlers in the past several years, including many on the Preserve before the work was halted there, was outraged by the lack of common sense in the NPS proposal.

McDonald pointed out that the 68 big and small game guzzlers within wilderness occupy less than 3/4s of an acre total ground space of the 804,000 acres of wilderness within the Preserve, but the Preserve staff believes that 3/4 acre impacts “wilderness character” to the detriment of the designation.

“The impact is on one one-millionth of the Preserve’s wilderness. One millionth! How is that impact of the wildness an issue?” asked McDonald. “Don’t the benefits of this water for desert wildlife outweigh the impacts?”

Ironically, even the current Preserve superintendent Todd Suess has admitted to DFW staff that the Wilderness Act doesn’t mandate the removal or abandonment of these historic structures to comply with the wilderness designation. In fact, on nearby Bureau of Land Management Lands, also designated wilderness, maintenance and even construction of new guzzlers has been allowed because of the value to wildlife.

According to opponents of the water plan, the hypocrisy comes in when you realize the plan’s alternatives continue to allow at least two big game drinkers within the preserve’s wilderness because of their documented importance to bighorn sheep, but somehow decided the other wildlife drinkers have no importance.

Yet, the National Park Service has done no assessment to evaluate the impact the removal of the other 66 man-made drinkers will have on all wildlife that currently use those water sources. It has been determined -- apparently by “fiat and lots of hypocrisy” -- that quasi-pristine wilderness is more important than wildlife. Ironically, most of the guzzlers would not be removed or their footprint restored, they would simply remain and allowed to decay until non-functional. So, theoretically, the negative impacts will still exist -- they just won’t serve an important wildlife function any longer. This is simply insane.

The NPS staff is also mandated to protect and maintain historic sites throughout the Preserve, and most of these guzzlers were made in the 50s, as part of a concerted effort by the state DFW to create and enhance water sources for wildlife, even then recognizing the important to mitigate for urban sprawl and loss of historic natural water sources. There has been no effort by Preserve staff to recognize the historic value of these guzzlers or to maintain them for their intended purpose.

The park service has even been obstructing the gathering of data that would show the importance of water for the Preserve’s wildlife. Eight years into a comprehensive deer study on the Preserve, the park service removed its support of the project when it was entering a phase when the importance of man-made water sources would be evaluated and tested by turning on and off some of these sources and measuring impacts. The reason support was removed: It wasn’t going to affect the park service’s decision on how to manage the water sources.

The document also says there are 311 natural springs on the Preserve. Somehow that number has increased in this period of drought from a list of 101 that were found to hold year-around water in the 2008 NPS survey of springs. Many of the 175 suspected springs checked during those surveys proved to be dry or seasonal water sources.

So, how has the number of springs increased?

Is that a fabrication that includes historic (now dry) springs, seasonal seeps, and tenejas? Who knows? Is the number included to make the Preserve seem awash in natural water?

It’s not. It’s a desert and barren of wildlife where there is not available water. Sadly, that includes most of the Preserve’s lands. Where there’s water, the Preserve is a wildlife oasis.

So what is this water removal plan really all about?

That is the mammoth in the creosote that no one is talking about:

Fundamentally, it is about the bias the NPS staff has against the Preserve’s number one visitor: Hunters. Hunters still make up the bulk of the visitation on the Preserve. Hunters are the only volunteers trying to maintain this desert wildlife water since that job was abandoned by the state Department of Fish and Wildlife and never even attempted by the federal land management agencies, like the NPS.

Hunters (and cattle ranchers) are the only reason there is the diversity and quantity of wildlife there is on the Preserve. Over 350 species of birds and mammals have been documented on the man-made water. (So, no, it’s not only about the seven species of wildlife that may be hunted in the desert.) Preserving and adding water in desert is a good thing for all wildlife, and it is a means of mitigating for what has been lost through human activity elsewhere in the Mojave.

But it still sticks in the craw of the National Park Service staff that hunting was allowed on the vast property, and they are willing to sacrifice the Preserve’s wildlife to try to reduce or eliminate the number of hunters. They are willing to abandon 75 years of solid conservation efforts to bring the deer and desert sheep herds back. They are willing to dramatically reduce the numbers and diversity of birds and small mammals for their agenda.

There is no other explanation for this insanity. They all know the Wilderness Act doesn’t mandate actions this extreme. There is simply no other explanation.

Hopefully, enough people will get their federal representatives involved. Maybe then Ryan Zinke, the Secretary of Interior, will hear about this outrageous proposal and have it quietly withdrawn because it clearly violates Interior policy about cooperation with state game agency efforts and a recent policy to enhance recreational opportunities -- like hunting -- where appropriate.

The NPS staff got away with ripping out the cattle/wildlife water and seriously impacted the Preserves wildlife populations over a decade ago. That can’t happen again.

August 18, 2016

‘Confusion at every level’ of the Park Service


By Joe Davidson | Columnist
Washington Post


Years of sacred- and ceremonial-ground desecration at the Effigy Mounds National Monument in northeast Iowa disgraced the National Park Service, as did a recently sentenced former park manager who stole ancient human remains and hid them in his garage for more than two decades.

A review team of Park Service officials from outside the monument’s region examined the defilement and pronounced themselves “astonished” in an “after action” report released last week.

Its piercing conclusions go well beyond the Effigy Mounds scandals and cut right to the Park Service’s culture.

Given the critical issues the report found throughout the NPS, which celebrates its centennial next week, perhaps it is more surprising that shameful stories like Effigy Mounds aren’t more common.

In addition to the bone thefts, at least 78 projects on the grounds — costing almost $3.4 million from 1999 to 2010 — did not follow National Historic Preservation Act or National Environmental Policy Act provisions. A former superintendent, Phyllis Ewing, lost her job because of that. The projects included “an extensive system of boardwalks throughout the more than 200 American Indian sacred mounds,” according to the report. The mounds are over 1,200 years old.

NPS Midwest Regional Director Cam Sholly said the wrongdoing not only “violated the law and damaged resources” but also compromised “our valuable tribal relationships and the public trust.”

The report describes a confused agency beset with weak management of the nation’s cultural resources that it is charged with safeguarding.

“As the National Park Service is responsible for resources stewardship, we are also responsible for the damage and destruction of the resources entrusted to us,” the report says. “Sometimes it seems as if we hold visitors, concessioners, and contractors to a higher standard than we do ourselves when it comes to resources stewardship.”

Among the problems outlined in the report:

  • “Lack of staff knowledgeable and skilled in cultural resources management results in inappropriate collateral duties assigned to staff not qualified to complete the task.”
  • Employees “consistently reported that they had no authority to report concerns or to follow up on concerns reported in their chain of command.”
  • “Law enforcement rangers and solicitors are not well enough versed in cultural resources laws and policies.”

The problems infect the agency from top to bottom, from Washington to the local parks.

“The internal role of the park, regional office, and Washington Support Office in cultural resources management is neither well defined nor consistent. What work we should be doing and where it should take place to be most effective is not clear…” the report said. “There is confusion at every level, uncertainty as to span of responsibility, authority, and accountability.While this confusion has to do with who does what at each level of the agency, there is no understanding as to roles, responsibilities, and authorities regarding risk, mismanagement of or impacts to cultural resources.”

Three “overarching recommendations” were offered: “educate and empower all employees as stewards” of cultural resources; increase awareness of cultural resource laws, regulations and penalties; and “resolve the confusion of what work cultural resources professionals should be doing.”

Although the report provides a sharp agency critique and specific recommendations, the document amounts to “a bucket of mush on Effigy Mounds scandal,” says Public Employees for Environmental Responsibility.

“This new report epitomizes what is wrong with the current Park Service leadership, which never takes direct responsibility for screw-ups no matter how flagrant or preventable,” said PEER Executive Director Jeff Ruch. “Tellingly, this report preaches transparency and accountability but illustrates precisely the opposite, gauzing over critical facts and offering not a single meaningful reform.”

Thomas A. Munson is a former Effigy Mounds superintendent who has been held accountable, albeit long after his criminal deeds. In 1990, he stole remains of 41 Native Americans, more than 2,100 individual pieces, then concealed them in garbage bags in cardboard boxes in his garage. He was sentenced last month to 10 weekends in jail, 12 months of home confinement, plus probation and more than $100,000 in restitution.

Munson’s sentencing, reliving the Effigy Mounds lawlessness, and the frank after-action report are just the latest in a string of bad news that has muddied the agency’s 100th-anniversary year. Interior Secretary Sally Jewell has complained about a Park Service culture that “allows” sexual harassment. The NPS has been criticized for confusing park promotion with corporate commercialism. And NPS Director Jonathan B. Jarvis had to apologize for his ethical lapses.

The after-action report into Effigy Mounds said it was done because of a “deep concern” by agency officials that “this never happen again.”

That should apply to a range of National Park Service problems.

August 16, 2016

The Pipeline and the Short Seller

Emails show a federal regulator shared non-public information with an investor.

Water gushes into a pilot spreading basin on Cadiz Inc. property in California's Mojave Desert in 2002. (PHOTO: ZUMA PRESS)

OPINION
Wall Street Journal

Trust in Washington has hit a historic low, and one reason is the sense that government regulators favor some people over others. Consider an email trail that reveals how a federal employee shared inside information about regulatory approval with a short seller.

The emails concern a water pipeline in California that is stuck in regulatory limbo. The story begins in 1998, when the Los Angeles-based land management company Cadiz Inc. began plans to develop a groundwater bank on private land overlying a watershed in the Mojave Desert. Cadiz proposed building an underground pipeline along the Arizona & California Railroad’s right-of-way to transport 50,000 acre-feet of water annually to Southern California.

The Department of Interior’s longstanding policy allowed railroads to run power, telephone and fiber optics lines along their rights-of-way without a federal permit, thus expediting environmental review. However, in November 2011, after Cadiz had modified its plan to reduce environmental opposition, Interior at the insistence of California Sen. Dianne Feinstein revised its policy to limit the use of railroad rights-of-way granted in 1875 to “activities that derive from or further a railroad purpose.”

The Cadiz pipeline was the only project subject to the new rules. Cadiz spent several years and $12 million reconfiguring the pipeline to “further a railroad purpose,” proposing the likes of hydro-turbines, power safety systems and automated fire suppression. None of Cadiz’s compromises satisfied regulators.

On Oct. 2, 2015, the Bureau of Land Management (BLM) informed congressional staff—who tipped off Cadiz—of an imminent adverse ruling. A letter circulated by the bureau noted that the pipeline “does not derive from or further a railroad purpose” because the fire suppression system was “an uncommon industry practice,” among other complaints. The kicker was that the ruling could not be appealed because it “is not a final agency decision.” Thus the pipeline would have to undergo a formal environmental review. Ms. Feinstein has attached riders to every Interior appropriations bill since 2008 barring a review.

Within a week of the BLM ruling, Cadiz’s stock plummeted 65%. Yet one Cadiz investor had inside information that could have allowed him to make a killing. Emails obtained through a Freedom of Information Act request by Cadiz reveal that BLM realty specialist Erik Pignata (who oversaw the Cadiz review from the Sacramento bureau) shared non-public information with Cadiz investor Thomas McGannon of Whetstone Capital Advisors. Cadiz provided the emails to us.

***

Whetstone, based in Mission Woods, Kansas, describes itself as “a value oriented long/short investment fund.” Mr. McGannon told the Kansas City Business Journal in May 2014 that “when we put a short into the Whetstone portfolio, it’s because we’ve done research on a specific company and think that for one reason or another the value of that company is declining and the stock price is likely to decline over time as well.” That strategy would certainly fit with Mr. McGannon’s research into Cadiz with the help of the BLM’s Mr. Pignata.

Mr. McGannon declined to say if or how he traded Cadiz shares and sent us this statement: “Our research over a five year period led us to believe that there was an investment opportunity presented by Cadiz’s stated business plan, which appeared contrary to information that was publicly available. We did not seek nor obtain any material non-public information regarding the Cadiz Water Project.”

Yet the emails suggest that Mr. McGannon sure was interested in regulatory decisions about Cadiz. The Pignata-McGannon email trail that we’ve seen begins with Mr. McGannon following up on a FOIA request in September 2014 soliciting information about the bureau’s review. Mr. Pignata referred documents related to the request to the bureau’s FOIA officer. This should have closed their communication since government employees aren’t supposed to disclose non-public information to third parties outside of the FOIA process that could benefit private interests.

***

Mr. McGannon continued to probe Mr. Pignata about the project’s regulatory prospects. “Does the green line go through BLM lands?” Mr. McGannon asked in a Sept. 9, 2014 email, referring to a map of the Cadiz project. “I was mostly just curious if an alternate route along the green line would require BLM approval.” Mr. Pignata responded later that day that the alternative route “almost certainly” does.

On Feb. 19, 2015, Mr. McGannon inquired if there has been “any movement on the project discussions since we last spoke?” Mr. Pignata replied: “No, we are formulating our evaluation with DOI legal staff.” The emails suggest the two chatted repeatedly over the phone.

On June 4 Mr. McGannon emailed “great to catch up” along with a link to a blog post “Strong Sell On Project Failure, Insider Enrichment, And Bankruptcy, Price Target $0” that eviscerated Cadiz. On September 23 Mr. McGannon asked if there was “any news likely this week?” Mr. Pignata replied: “I have a briefing w/ the almost-highest people in my agency tomorrow . . . No pressure or anything.” Mr. McGannon cheered him on: “You got it man!”

A week later, Mr. McGannon inquired into when an adverse ruling would be finalized: “Wont [sic] it be great when I don’t bother you anymore.” Mr. Pignata replied: “I have a feeling Cadiz, Inc. isn’t going anywhere . . . so you’ll get to keep bugging me.” Several of Mr. Pignata’s emails suggest an animus toward the Cadiz project.

On October 1, Mr. Pignata assured his hedge-fund pen pal that the BLM determination would “for sure” be “signed tomorrow.” Mr. McGannon rejoiced: “Maybe one of these days ill [sic] get to buy you a beer or something as a thank you.” BLM made its ruling the next day.

Cadiz disclosed on October 5 that it had been briefed by a congressional office that an adverse ruling might be imminent. The company says the bureau did not respond to its email requests for confirmation. Cadiz’s share price tumbled by nearly two-thirds. A short seller who bet against the stock and had advance knowledge of the outcome could have made significant gains.

There are numerous chronological gaps in the emails between Messrs. Pignata and McGannon, which suggests there may be more documents the government hasn’t turned over. Mr. Pignata declined comment beyond an email saying he had complied with the FOIA request. A spokesperson for the Bureau of Land Management says the agency recently became aware of the Pignata-McGannon communications and has referred the matter to the Department of Interior’s Office of the Inspector General.

House Oversight Committee Chairman Jason Chaffetz has sent a letter to the Bureau of Land Management soliciting more information about the correspondence. The bureau should explain whether Mr. Pignata’s communications comport with a 1990 executive order forbidding government employees from improperly using non-public government information to further a private interest.

March 28, 2016

Human bones found near Fenner


By JOHN M. BLODGETT
Press-Enterprise


Bones found by a surveyor near Essex Road near Fenner on Friday afternoon were identified as human on Saturday, March 26, according to a San Bernardino County Coroner news release.

Homicide detectives then took over the investigation and found more bones in the same area on Saturday.
Fenner is about 40 miles west of Needles on I-40.

Anyone with information is asked to call detectives at 909-387-3589 or the anonymous We-Tip Hotline at 800-782-7463, or to visit the We-Tip website at www.wetip.com.

January 20, 2016

Fed Employees Caught Bragging About Federal Land Grabs

Employee brags they "stole the money from Washington" to push World War II vets off land


YouTube clip in which government employee brags about stealing land.

Adan Salazar
Infowars.com


“We went out to the mine and the owners were two little guys that had been in the Second World War,” a California park service employee recalls at a retirement celebration for Mojave National Preserve Superintendent Mary Martin in 2005.

The employee brags about how the veterans’ mine was appraised by the federal government at $40 million, and acquired for a paltry $2.5 million.

“We did get it appraised and we did acquire it for $2.5 million which I stole the money from Washington to acquire it,” the employee in the video admits, adding that it’s sometimes hard to bamboozle property owners due to the agency’s reputation.

“’Lands’ isn’t always supported because we’re the ‘bad guys.’ We come in, and we take this land. And we always take it for less than it’s worth.”

Later during the celebration dinner, another park service employee reveals that the acquisition of more than a hundred thousand private acres in the Mojave National Preserve were procured under Martin’s leadership, who he labels the “acquisition queen.”

“Acres acquired under the acquisition queen’s regime, 111,550.54 acres,” an employee announces in an extended clip of the dinner.

The employee then shows two other numbers, 5.66 and 106,375.36, which correlate with the park where Martin would be relocating, the Lassen Volcanic National Park.

He indicates that the larger number is the acreage of Lassen National Park, while the smaller number is acreage privately owned.

“If you own those 5.66 acres, would you be sweating right now?” the man jests referring to Martin’s acquisition power.

The employees’ jaw-dropping admissions amid joyful applause, smiles and celebration over the confiscation of two World War II veterans’ and others’ private land goes to prove the federal government is not at all concerned with “land preservation” and focuses mainly on predatory land grabs.

Full length version of video.

January 14, 2016

Mojave violated NPS policy buying assault rifles and grenades for rangers

A government report says a supervisor at the Mojave National Preserve in California violated policy by buying fully automatic assault rifles and dozens of "flash-bang" grenades

THE ASSOCIATED PRESS

MOJAVE NATIONAL PRESERVE, California — A supervisor at the Mojave National Preserve in California violated policy by buying fully automatic assault rifles and dozens of flash-bang grenades, according to a federal study released Thursday.

A supervisory park ranger at the immense desert park northeast of Los Angeles bought nine Colt M-4 fully automatic rifles between 2008 and 2010, and 24 grenades some years later, according to a report from the inspector general's office from the U.S. Department of the Interior.

The purchases violated park service policy, which specifies semi-automatic rifles and requires prior approval for defensive equipment, although the policy doesn't specifically mention flash-bang grenades, the report said.

The supervisor, who was not named in the report, acknowledged selecting the guns and allowing park rangers to carry them on duty for three years. They replaced aging and unreliable Vietnam-era rifles that rangers had been using on patrol, the report said.

The supervisor "admitted to purchasing and distributing the automatic weapons despite knowing that they violated NPS policy; admitted telling rangers who received the automatic rifles not to display them to others; and admitted to, at a minimum, not making it clear to his supervisors that the automatic weapons needed to be converted to semi-automatics," according to the report.

"He also provided inconsistent and implausible statements in his responses to our questions and caused us to doubt his overall truthfulness and candor," the report said.

The report did not indicate whether the supervisory park ranger was disciplined or whether he still works for the preserve or the National Park Service.

An email sent after hours to a park service spokeswoman was not immediately returned.

According to the report, the park service firearms program manager said no other national parks had used or sought permission to use fully automatic weapons.

In late 2013, the rifles were converted to semi-automatics, the report said.

The grenades were bought for about $1,000 without proper approval and were never issued to rangers, the report said.

The report said the National Park Service has since strengthened its procedures for buying equipment.

December 1, 2015

Holes in the Desert: A Mojave Crime Compendium

The McStay family memorial site located northwest of Victorville, CA. Traffic on the I-15 can be seen in the distance. | Photo: Kim Stringfellow.

Kim Stringfellow
KCET.org


The Mojave Project is an experimental transmedia documentary by Kim Stringfellow exploring the physical, geological and cultural landscape of the Mojave Desert. The Mojave Project reconsiders and establishes multiple ways in which to interpret this unique and complex landscape, through association and connection of seemingly unrelated sites, themes, and subjects thus creating a speculative and immersive experience for its audience.

It is a moonless night and the distant sound of rattling train cars is punctuated by the high pitched grinding of metal as multiple engines begin their push up past the Kelso Depot. Centered in the vast, federally designated region known as Mojave National Preserve (MNP) bordered by the I-40, the I-15 and the Nevada state line, it was here that the familiar lore of the Wild West played out 21st century style. Nighttime train robberies occurred on a regular basis. Notably, far bleaker criminal acts have transpired along the MNP's transient periphery or within other publicly administered lands of the Mojave Desert.

I first read about the Union Pacific train robberies in the MNP through a 1998 article by Phil Garlington of Rancho Costa Nada fame. Garlington had laid out the vivid details of criminal exploits and those who attempted to thwart them, relating how mile-long, double-stacked freight cars burdened with consumer goods and merchandise would fall prey to looters within the remote center of the preserve.

The thieves -- mostly homeless, down-and-out types hired by gangs who had stowed away earlier in the day at the Yermo yards would lie in wait for hours inside car "tubs" until the train began the steep ascent up the 18-mile-long Cima Grade just east of the depot. Those able to escape detection by Union Pacific officials and the assisting MNP rangers infiltrated and "liberated" the contents of the boxcars using hacksaws, bolt cutters and other tools of the trade. The slow-moving trains with their potentially lucrative hauls provided easy pickings for the interlopers who were lucky if they did not get seriously injured in the process.

At pre-arranged geographical points, the bandits tossed out the goods where their accomplices waited in rented moving trucks ready to load up the booty -- expensive electronics, Nikes, cigarettes, booze, or, if they were particularly unlucky, a boxcar filled with teddy bears. Scattered clothing, empty packaging and other discarded debris were regularly found strewn along the rail lines. By the late 1990s the railroad had estimated that it was losing over a million dollars a month from MNP lootings.

A rather amusing related incident shared in a 2008 Los Angeles Times article noted that "75 flat-screen TVs worth more than $225,000" had been spotted during a 2005 aerial search of the area after MNP law enforcement rangers had run into two men sitting in an empty rental moving truck near a rail crossing on a desolate stretch of road. Fumbling under the influence of alcohol, the duo couldn't explain why they were there or how a bag of suspicious white powder happened to be lying within a few feet of their vehicle. The two were consequently arrested. The powder was determined to be cocaine -- possibly a down payment for the botched flat screen heist? With heightened security over the past years since this incident was reported, Union Pacific has managed to crack down and curtail these types of robberies.

Although the majority of visitors passing through the MNP do so without incident, others have sought this "nowhere between two somewheres"1 as an isolated, out-of-the-way destination to conduct a variety of illicit activities including methamphetamine production, wildlife poaching, theft, vandalism, illegal dumping, OHV trespass or the unlawful collection of animals, plants and cultural artifacts.

In years past, MNP rangers have discovered detritus and the lingering residues of a methamphetamine "cook" at abandoned ranch and mine structures within the preserve. Empty pseudoephedrine containers (over-the-counter sales of which are now controlled), lye, red phosphorus -- all highly toxic chemicals and materials associated with clandestine meth production -- have been found among contaminated meth production equipment.

Makeshift meth labs were discovered in 1998 at Rainbow Wells and in 2001 at the New Trail Mine after two rangers found new locks on formally abandoned outbuildings during a routine patrol. When the rangers returned to the mine on the following day they encountered four suspicious men driving away in a pickup. Following a search of their vehicle by the rangers, the men produced keys for the padlocks of park holdings that they had legal access to. The ensuing investigation yielded "ten gallons of pure methamphetamine oil, valued at more than $50,000," that had been waiting to be crystallized. The site cost taxpayers $20,000 to clean up.2

Compounding the ecological ramifications of introducing these toxic chemicals into a wilderness environment is the fact that illicit drug manufacturers and their associates are known to be heavily armed and more than often high on their product, making an encounter by a ranger or unsuspecting recreationist extremely dangerous. The limited number of National Park Service (NPS) law enforcement rangers known to patrol the 1.6 million acres of the preserve has made regular monitoring of these types of remote sites difficult. Fortunately, evidence of this type of methamphetamine production within the preserve has not been observed in recent years, a status largely attributed to the ability of meth cooks to make smaller, cheaper "shake and bake" batches using a two-liter plastic soda bottle rather than the complicated chemistry lab setup of the past.

Over 500,000 vehicles travel through the MNP annually. Many come here specifically to recreate, but others simply use its paved thoroughfares -- the Kelbaker and Kelso-Cima roads -- as a convenient, uncongested shortcut route to Vegas from points further north or south. Speeding over the 55 mph speed limit, which is still higher than most national parks, results in one of the more commonly cited infractions by law enforcement. Close proximity of the two major interstates and an expanse of perceived "nothingness" seems to encourage other kinds of criminal activity, including toxic waste dumping along the preserve's more accessible borders.

Over a four-month period in 1995, the LeFaves -- a father and son duo with a Las Vegas-based epoxy manufacturing business -- dumped 97 drums of hazardous waste across a variety of public and private sites near Nipton Road to avoid paying the $1,000 per barrel cost to legally dispose the toxic chemicals and adhesives. Barrels split open in washes, mortally trapping animals in a sticky residue. After 17-year-old Louis LeFave and his accomplice were caught red-handed on one of their toxic waste runs, the LeFaves were arrested and eventually sentenced, with the father, Gene, receiving four years in prison plus $40,000 in fines. This fiasco cost taxpayers $170,000 to clean up the dumpsites.3

Other criminal activities occurring here involve the unlawful collection of plants and animals -- cited in as far as cash value as the second most lucrative illegal activity occurring within public lands after illicit drug production and smuggling activities. A federal investigation called "Operation Sweet Success" led by the U.S. Department of the Interior was launched in the late 1990s in an effort to combat the illegal collection of biznaga or barrel cactus by "an organized group of Hispanic workers" who sold them to competing production facilities in Los Angeles which, in turn, produced acitrón from its pulp, a jellied confectionery popular in Mexico.4 Officials estimated that collectors removed over 15,000 mature barrel cacti during the 1990s from federally managed lands for this purpose. Other cacti, including rare species belonging to the genera Mammillaria, Echinomastus or Sclerocactus -- commonly known as the delicate Fishhook cactus -- have been so extensively pilfered as ornamental specimens in some parts of the Mojave that they have nearly disappeared from their native regions entirely.

Wildlife poachers snatch, trap or hunt a variety of mammals and reptiles throughout desert public lands, including the region's more uncommon snakes, lizards, and even the federally protected desert tortoise. The perpetrators range from over-zealous solitary hobbyists to organized commercial wholesalers that traffic specimens locally for profit or internationally to smuggler rings that trade live and dead animals parts at black markets worldwide. "Collectors can make $2,000 a night driving the desert highways, picking up reptiles lying on the pavement, then selling the animals to the illicit pet trade."5 A 1986 report from California Fish and Game stated that bighorn sheep guides leading illegal hunts were, at the time, pocketing between $15,000 to $60,000 per hunt for their services.6

These illicit enterprises are not unique to the MNP. Over a five-year period during the mid-1980s, Joshua Tree National Park officials located 21 meth labs along the park's remote eastern border, some housed in abandoned 1950s era "jackrabbit homesteads."7 In the 1990s, a lone ranger on foot discovered a large-scale outdoor meth "cook" run by camping outlaw bikers in a secluded box canyon of southern Death Valley National Park (DVNP). Although the ranger somehow escaped unharmed from his close encounter, in the aftermath, several of the rangers closely involved with the bust were transferred out of the area for protection -- one under an assumed name due to retributive threats posed by the biker gang.

Death Valley will be forever linked to the Manson Family who occupied both Barker and Myers ranches located in the Panamint Range, now part of DVNP, over a two-year period during the late 1960s. The Family first moved out to these isolated ranch properties in 1968, initially Myers and then Barker Ranch, after Catherine Gillies, one of the Manson "girls" and also a granddaughter of Myers, suggested it as a secluded and fairly inaccessible place for the group to hide out. It has been proposed by various authors that Arlene Barker agreed to let them stay at Barker Ranch after Manson gave her a Beach Boys gold record supposedly stolen from Dennis Wilson's home.

During 1968 and 1969, The Family intermittently occupied the properties -- fleeing here after the Tate-LaBianca murders took place in August 1969 -- until their tenure was ended during a routine two-day police raid in October 1969 for suspected auto theft and arson after a NPS bulldozer was found torched in nearby Racetrack Valley. Consequently, local law enforcement targeted the ragtag group as possible suspects. At the very end of the raid, the 5 feet 2 inches Manson was found stuffed and cowering in a bathroom cabinet. Although arrested that same day, Manson's captors were unaware that they had an infamous psychopathic cult leader in their custody -- who had recently persuaded his followers to commit multiple murders on his behalf. Thirty years later detectives would return to Barker Ranch in 2008 to investigate a tip implying that several undiscovered bodies had been buried there. The consequent investigation yielded no human remains. Barker Ranch fell victim to arson in May 2009 and only the structure's stonewalls and one outbuilding remain standing.

In March of 2000, Death Valley was the scene of a two-day hunt for a heavily armed threesome including a middle-aged man, his girlfriend and the man's son who had robbed a Nevada bank and had holed up in a ravine not too far from the Furnace Creek airport. Eventually the suspects surrendered but not after having shot and forced a CHP helicopter to crash land during the first day of the ordeal.

Illegal marijuana growing operations sited on publicly managed desert lands comprise much of the most recent illegal drug production related offenses. Pot growers prefer to use government land not only for its perceived isolation, but "because... asset-forfeiture laws which allow the seizure of private property associated with the growing operations"8 are avoided by siting them within public land or park boundaries and living elsewhere.

Recent multi-agency busts such as "Operation Mountain Sweep" targeted and successfully destroyed a number of illegal grows in public lands across seven western states in 2012, including one located in DVNP. The toll on the environment resulting from these operations is costly -- both financially and impactfully -- to flora and fauna, especially in lieu of the current drought since marijuana cultivation requires profuse amounts of water, pesticides and fertilizers to thrive and produce. Growers additionally "contaminate and alter watersheds, clear-cut native vegetation, discard garbage and non-biodegradable materials at deserted sites, create wildfire hazards, and divert natural water courses."9 The cost to police, clean up and remediate these sites end up costing taxpayers of millions of dollars annually.

Of course, Bureau of Land Management (BLM) law enforcement deal with their share of crime in areas they oversee including but not limited to "mineral resource theft; wilderness area violations; hazardous materials dumping; archaeological and paleontological resource theft and vandalism; cultivation, manufacture, smuggling, and use of illegal drugs; timber, forest product, and native plant theft; off-highway vehicle use; alcohol related crimes; and wildland arson." Like their NPS counterparts, BLM's Barstow officials agree that the more elaborate meth lab setups utilizing abandoned structures are less of a threat due to the more portable production techniques used today. BLM rangers patrolling the higher elevations of the Mojave Desert are more likely to stumble upon an illegal marijuana cultivation operation, like one recently discovered in a mountainous desert canyon off California State Routes 14 and 178 east of Ridgecrest where 1,000 pot plants were confiscated and destroyed.10

One of the more mundane but increasingly costly issues facing the BLM is the identification and clean-up of those who illegally dump hazardous or nonhazardous wastes including spent motor oil, paint, unidentified toxic chemicals, tires, dead animals, abandoned vehicles, household trash and other refuse into the open desert. So far in 2015, the BLM's California Desert District's Hazardous Materials Program has removed over 55 tons of trash throughout the Mojave Desert costing around $100,000 annually. Defunct mining operations and other abandoned industrial enterprises continue to litter and pollute the surrounding desert with toxic tailings that can potentially seep and contaminate groundwater resources. Discarded heavy equipment that is "scrapped" illegally often releases fuel, toxic chemicals and leaves the site in a dangerous condition after the pilferers take what they are after and leave unwanted refuse exposed. But dumping in the desert truly takes on a far more sinister twist when it comes to getting rid of human remains.

Countless cinematic and literary depictions echo Joe Pesci's infamous "Casino" voiceover to suggest that casual acts of violence are taking place at any given time in the fictionalized backdrop of the Mojave Desert. Reflecting on this sentiment, I decided to see whether or not this imagined culture of violence actually exists here in the desert. I began by contacting Sergeant Don Lupear, a homicide detective for San Bernardino County whose jurisdiction covers the largest part of the Mojave Desert policed by any law enforcement agency within its boundaries.

During a phone conversation, I asked Lupear how many homicide victims are actually found in the Mojave. Somewhat surprisingly, he replied, "On average we only find one or two per year," commenting further that recreationists are most likely to find a murder victim in the open desert. He additionally mentioned that victims and their perpetrators are, in most cases, tied somehow to the location were the body is found. Hikers stumble upon the deceased occasionally, but more often than not bodies are discovered by off-highway vehicle (OHV) enthusiasts near a road of some kind. Consider that much of the Mojave Desert is within three miles of some type of thoroughfare, it is easy to imagine how one could go about such a repugnant task if deemed necessary.11 The reason is obvious -- the deceased are dead weight so the quickest to dispose of a "package" is to transport the body to a somewhat secluded spot via a vehicle. On occasion, evidence suggests that the deceased are "dispatched" where originally found. In most cases, however, investigators determine that the unfortunate victim was slain elsewhere and transported to the spot with the body dumped, bagged, buried, burned or disposed of in some combination thereof.

On November 13, 2013, partially unearthed human remains were discovered by a recreating dirtbike rider just off Quarry Road in an OHV recreation area just northeast of Victorville, CA. This grim discovery, a mere stone's throw from the heavily traveled Interstate-15, was later confirmed to be the missing McStay family of four. The couple along with their two young sons had mysteriously vanished without of a trace on February 4, 2010 from their home in Fallbrook, California some 100 miles south of where the slain family had been hastily buried. It seems that Chase Merritt, the former business partner of Joseph McStay who is accused and currently awaiting trial for this heinous and callous murder, has ties with the town of Apple Valley, the next town over from the crime scene. This case, along with others confirm that the Mojave Desert's high-speed vehicular corridors bordering the MNP and other publicly managed areas have indeed served as a convenient, out-of-the-way place to get rid of an unwanted body.

Over the past 15 years, several grisly discoveries have been found along or near the I-15 or the I-40 between Barstow and the Nevada state line including 19-year-old Jodi Brewer, a sex worker who had disappeared from Las Vegas in August 2003. Brewer's torso -- found along the preserve's Cima Road off-ramp entry point a few weeks after she first disappeared -- was identified by her tattoos, a hummingbird above her left breast and an "M" with a star on her lower back. No other body parts were recovered. Her murder has since been connected to suspected serial killer Neal Falls who was shot and killed in July 2015 by another potential victim in West Virginia.

A wayward beagle from Newberry Springs rummaging along the I-40 returned to its owner with a severed human foot with a stub of a leg in September 2012. The sheriff's search of the highway revealed additional human remains, triggering a murder investigation. The burnt skeletal remains of an unidentified female victim were found in 2010 off Zzyzx Road, west of the I-15 near Baker, CA. That same year the severed head of an unknown Hispanic teenage girl thought to be between 14 and 19 years old was found concealed in a backpack left on Lenwood Road, west of the I-15 in Barstow, CA.

Another unidentified female referred to as the "Nipton Jane Doe" was found on May 30, 1976 in an abandoned mine on Clark Mountain near Nipton, CA, located at the northeastern edge of the preserve near the Nevada border. The cause of death was a shotgun blast to the back of the victim's head. Her body had been discarded like a worn ragdoll in a dank mineshaft and the time of her death was estimated to have been four to six days earlier. The National Unidentified Persons Data System (NamUs) case file number 47426 noted that she had "reddish-brown hair [and] was found clad only in a blue and white bathing suit."

Studying the full-color digital reconstruction of her and other unfortunate victims like her, I was struck by how the images borrow the compositional conventions of a Renaissance portrait -- in that the murder victim is pictured with a symbolic landscape behind them like so many portraits of noblemen and woman of this period. In the Nipton representation, an endless expanse of creosote reaching into the far distance is the imagined place where this "Jane Doe" purportedly met her fate. What resounds most is that loved ones or even acquaintances have not bothered to identify this Jane Doe, or others like her, a sad fact that left me in a state of despondency and emptiness.

Not all unidentified victims have met violent ends. Human remains in various stages of decomposition have been found over the years in other out-of-the-way locations and are not necessarily the result of foul play. Ancient sun-bleached bones of long-deceased Native Americans turn up quite often, as do those of unwary recreationists or a down-on-their-luck undocumented transnational that has succumbed to either daytime's relentless heat or the near-freezing chill of the nighttime desert. It should be noted that of the four unidentified human remains discovered in San Bernardino County in 2010 all were found in outlying areas of the Mojave Desert.

Still, without a doubt the Mojave has witnessed some truly bizarre and senseless acts over the years. Consider the 2012 kidnapping, torture and attempted extortion of a successful Orange County marijuana dispensary owner and his female housemate, left tied up together at a secluded desert location off California State Route 14. A Kern County deputy found the woman wandering the desert after she managed to escape. The four suspects charged and currently awaiting trial for the crime allegedly beat, burned and doused the man with bleach in an effort to cover DNA evidence before severing his penis. Somehow, the poor fellow managed to survive his ordeal. Officials stated that the group's motive revolved around their obsessed notion that the targeted gentleman had been "burying piles of cash in the desert," which they had planned to retrieve -- a tired cinematic cliché reworked in many B-rated films, television shows, video games and other paltry fictions.

"Senseless violence, the world calls it, but the Mojave knows otherwise. The Mojave knows, has always known, that the violence is not senseless, the disturbing acts that unfold on its sandy stage in fact make perfect sense. For that is the very nature of the place, to convey meaning, to show events in living color on a giant screen in bas-relief, to make it seem as if everything is happening for the first time, even if for some, it is the last, or simply the latest in an endless spiral of repetitive, nowhere acts."
-- Deanne Stillman, "Twentynine Palms" (2008)

Los Angeles-based author Deanne Stillman has received numerous accolades and awards for her meticulous location-based nonfiction exposés detailing true crime in the Mojave and the Great Basin deserts. The extreme arid geographies of the American Southwest take on starring roles with each prominently featured in her three most recent books including "Desert Reckoning: A Town Sheriff, a Mojave Hermit, and the Biggest Manhunt in Modern California History" (2012), "Mustang: The Saga of the Wild Horse in the American West" (2009) and "Twentynine Palms: A True Story of Murder, Marines, and the Mojave" (2001).

Stillman explores and exposes her characters' vexing and troubled relationships against the High Desert as a backdrop. More often than not it is revealed through her careful research that these individuals have been thrust into bleak existential situations through despair, life circumstance, economic downturn or just plain bad luck. Her protagonists are as vivid as those of a Tom Waits' song in her precise crafting of their persona and personal histories. In one of her books she enumerates, "It's a terrain of savage dignity, a vast amphitheater of startling wonders that put on a show as the megalopolis burrows northward into the region's last frontier. Ranchers, cowboys, dreamers, dropouts, bikers, hikers, and felons have settled here -- those who have chosen solitude over the trappings of contemporary life or simply have nowhere else to go."

Donald Kueck, the ticking-time-bomb but resourceful hermit documented in Stillman's third book "Desert Reckoning" is one such character. Kueck, known by local law enforcement as a solitary meth addict who squatted in a ramshackle trailer on the edge of Llano, CA, was depicted by Stillman as someone both sensitive of the desert animals that visited him daily, who enjoyed building and launching rockets but was equally highly capable of murder -- confirmed when he shot down well-liked and respected Los Angeles County Deputy Sheriff Steve Sorensen multiple times with a .223 caliber assault rifle on August 2, 2003. Reports stated that Sorensen drew his weapon only after Kueck had shot him. Ominously, the two had a run-in nine years earlier after Sorensen had pulled Kueck over during a routine traffic stop.

Authorities located Kueck nearly a week later hiding out in nearby Lake Los Angeles. Remarkably he had managed to elude and remain under their radar due to his formidable survivalist skills plus multiple secret caches of food, water and ammunition hidden across the desert. Although he had admitted to the murder via cell phone, Kueck adamantly refused to surrender, subsequently dying during a violent standoff after the shed he was holed up in burst into flames. The explosion resulted when a road flare ignited a tear gas canister that had been tossed into Kueck's holdout by law enforcement -- a controversial extraction tactic later criticized in the media. Sorenson's widow who was staying with family and friends nearby was said to have commented afterwards, "I wanted to see [Kueck] burn in hell, but I guess Lake Los Angeles will have to do."12 A statement I could somehow imagine mumbled in one of Waits' song verses.

Stillman's second book, "Twentynine Palms," which took her 10 years to research and write outlines in painstaking detail the vicious rape and murder of Rosalie Ortega, a 20-year-old single mother, along with her friend and 15-year-old baby sitter, Mandi Scott plus the ensuing aftermath of this grisly event. Coincidentally, the crime took place on the same day that Sorenson was shot down by Kueck -- August 2, but in 1991 in Twentynine Palms, California home to the largest Marine base in the world. The convicted murderer, 29-year-old Valentine Underwood, a Marine lance corporal who had recently returned from the Gulf War, had brutally raped the both women and stabbed them each 33 times "because it was the killer's favorite number."13

Stillman's impassioned on-site research aided by her close relationship with the victim's families -- especially Mandy's mother, Debie McMaster, who worked as a bartender in a popular Twentynine Palms bar frequented by local marines -- ultimately resulted in a portrait of those who dwell in America's margins. Following their inevitable arrival in the Mojave Desert, Stillman recounts the girls' collision with Valentine Underwood, a Marine with a history of sexual assaults on women before he joined the Corps and while in it, including the rape of a sergeant major's daughter six weeks before the rape and murder of Mandi and Rosie. The prior assaults were overlooked because he was a star on the Marine basketball team. But, as Stillman notes, it was a Marine investigator who helped break the case, along with San Bernardino County sheriff's deputies and other witnesses. After a prolonged six-year trial, Underwood was finally convicted with "DNA evidence, bloody handprints, and a serious and fresh cut on his hand" that a trial witness had observed the day after the murders occurred.

Stillman's notorious characterization of Twentynine Palms divided the town in half, with some locals concerned that the portrayal would have a negative impact, driving business away from a region, which depends on the Marine Corps and tourism for its primary sources of income. While Stillman was working on her book, she was the subject of public attacks via Amazon book reviews, newspaper editorials and articles. 14 Among other locals however, Stillman's book was celebrated and widely circulated. Many felt that someone was finally bearing witness to their stories, and understood that Stillman was writing about a side of the desert that generally goes unnoticed.

Today, the town continues its holding pattern, appearing much as it did before the murders transpired -- neither better nor worse. To the extent that Stillman's "Twentynine Palms" had an impact on the town's economic growth has yet to be proven. And more importantly, crimes committed against women by former or active duty Marines stationed here have not ended with the Scott/Ortega murders.

Former Marine Christopher Brandon Lee, 24, was arrested on August 18, 2014 for allegedly murdering Erin Corwin, 19, his next door neighbor and wife of a fellow Marine. Lee and Corwin began an affair while the two were living at an apartment building on base at the Marine Corps Air Ground Combat Center north of downtown Twentynine Palms. Two days prior to Lee's arrest and nearly eight weeks after she had initially disappeared, Corwin's badly decomposed body was found at the bottom of the 140-foot "Rose of Peru" mine at the eastern edge of Joshua Tree National Park. Several weeks before her body was discovered law enforcement began a search of over 100 abandoned mineshafts in the area. News reports stated that Corwin might have been several months pregnant at the time of her death.

Corwin's text messages to a friend on the last day she was known to be alive suggested that she expected a marriage proposal from Lee (who was himself married) during a planned "hunting trip" with him that same day. Her portentous text read: "He said he's honestly not sure how I'm going to react... Seriously, I don't know why he would drag me to a very special place... for a big dumb surprise." Various news outlets commented that Lee had previously bragged to his neighbors on several occasions "he knew where to hide a body." It appears that he did just that.

Notes:

1 Nystrom, Eric Charles. "Chapter 7: Visitor Services." "Administrative History of Mojave National Preserve," United States Department of the Interior, National Park Service, Mojave National Preserve, Mar. 2003. Web.

2 Ibid.

3 Ibid.

4 It is now illegal to harvest biznaga in Mexico because the several of the species of cacti used for this purpose are now threatened.

5 Hansen, Kevin. "Crimes Against the Wild: Poaching in California." Mountain Lion Foundation, Jul. 1994. 8.

6 Ibid. 8.

7 Darlington, David. "The Mojave." 121.

8 Patrovsky, Edward. "Tales From a Ranger: Death Valley Manhunt." The Desert Report, 18 Sept. 2014.

9 U.S. Senate Caucus on International Narcotics Control, "Exploring the Problem of Domestic Marijuana Cultivation," Statement for the Record of Kim Thorsen Deputy Assistant Secretary, Law Enforcement, Security and Emergency Management Department of the Interior. Web.

10 BLM law enforcement official. Personal interview. 21 Sept. 2015.

11 Darlington. 35.

12 Burdick, Dan. "SCANNER AUDIO -- LASD -- Barricaded Suspect Shootout (8:05)." Online video clip. "YouTube." YouTube, 8 Aug. 2003. Web.

13 Gorman, Tom. "Ruffled Palms." Los Angeles Times, 21 Dec. 1997.

14Timberg, Scott, "Seeing the Light, Remembering the Dark," Los Angeles Times, 4 Feb 4 2007.

August 25, 2015

New Sheriff Overseeing Burning Man to Crack Down on Naked Rule-Breakers

The weeklong event in Nevada draws thousands of people — and their drugs

Participants walk through dust at the annual Burning Man event in the Black Rock Desert of Gerlach, Nev., on Aug. 29, 2014.

Jack Linshi
Time


A new Nevada sheriff tasked with overseeing the upcoming Burning Man festival plans to crack down on the annual desert debauchery.

Jerry Allen, 39, who was elected Pershing County Sheriff in January, said he plans to tighten law enforcement for the tens of thousands of festival-goers journeying to the remote Black Rock Desert next week for the annual event, the Reno Gazette-Journal reported on Tuesday.

In recent years, many attendees at the week long event — where nudity is the norm, drugs flow as if on tap and orgies litter the desert — have not been charged for crimes like marijuana possession, according to federal reports on the event, but the new sheriff in town said he has a tougher police protocol in mind.

“We don’t have the personnel to issue citations to 70,000 naked people on the playa, but we will be upholding the law to the best of our ability,” Allen said. He added that Burning Man “brings nothing … except for heartache” to the conservative, rural county.

Burning Man organizers said they remain optimistic because the low number of arrests in years past suggest more festival-goers are abiding by the law.

“We’ve been working with [Allen] since his election, and he’s been involved with all of the large coordination efforts,” said Burning Man spokesman Jim Graham. “It’s an ongoing process on education, but he hasn’t been out there for a few years, so he hasn’t seen the progress we’ve made in recent years.”

Burning Man will take place from Aug. 30 to Sept. 7.

October 31, 2014

Suspect identified in 8 graffiti vandalism cases in National Parks

Casey Nocket identified as prime suspect In 'Creepytings' national parks vandalism (Modern Hiker)

By Steve Gorman
Reuters


LOS ANGELES — Federal officials have publicly identified a woman suspected of graffiti vandalism in at least eight national parks across the West, including Yosemite and Death Valley in California, and credit social media for helping pinpoint the alleged culprit.

Casey Nocket of New York state has not been arrested or charged but was confirmed Thursday as “the major suspect” in an investigation of one of the most widespread acts of serial vandalism documented in the National Park System.

The case was brought to light in a series of photos obtained and posted by the Internet blog Modern Hiker and furnished to the National Park Service picturing numerous graffiti drawings, all signed “Creepytings” and dated 2014.

One shows a woman the blog identified as Nocket putting the finishing touches on an acrylic drawing of a cigarette-smoking figure scrawled on a canyon wall at Utah’s Canyonlands National Park in June.

Others show drawings of a woman with blue hair on a ledge overlooking Oregon’s Crater Lake and a bald man with a snake protruding from his mouth on a trailside rock in California’s Yosemite National Park.

The Park Service said initially it was investigating such vandalism in at least 10 Western national parks.

But agency spokeswoman Alexandra Picavet said Thursday that Nocket had been tied as a suspect to graffiti in eight parks: Yosemite, Death Valley and Joshua Tree in California; Crater Lake in Oregon; Zion and Canyonlands in Utah; and Rocky Mountain National Park and Colorado National Monument in Colorado.

Although instant gratification afforded by social media exposure was cited in a New York Times report last year for a rise in graffiti defacings on public lands, Picavet said social media in this case played a key role in the investigation.

The Modern Hiker said its photos were gathered earlier this month by screen shots taken of the suspect’s Instagram and Tumblr accounts, which have since been set to “Private.”

Park Service investigators also received numerous photos and other information from members of the public outraged over the defacings, Picavet said.

Vandalism is a federal misdemeanor punishable by up to a year in jail and a $5,000 fine, although prosecutors could decide to bring more serious charges.

“This is an open investigation,” Picavet said.

Yosemite spokeswoman Kari Cobb said vandalism occurred there occasionally but was “not common.” She added: “As far as a widespread case like this, it’s the first one I’m aware of.”

September 18, 2014

Feds charge five Utahns in Recapture Canyon protest ride

Recapture » San Juan Commissioner Lyman organized the event in May to protest federal control of public lands

ATV riders cross into a restricted area of Recapture Canyon, north of Blanding, Utah, on Saturday, May 10, 2014, in a protest against what demonstrators call the federal government’s overreaching control of public lands. (AP Photo/The Salt Lake Tribune, Trent Nelson)

By Brian Maffly
The Salt Lake Tribune


Federal authorities are accusing a San Juan County commissioner and a handful of protesters of conspiracy and illegally riding ATVs into southeast Utah’s Recapture Canyon in May.

The Bureau of Land Management closed the canyon to motorized use in 2007 to keep wheels off its many archaeological sites. About 50 riders motored into the canyon following a May 10 rally in Blanding denouncing federal "overreach" and mismanagement of public lands.

But only those suspected of organizing or promoting the illegal ride were targeted in charges announced Wednesday by acting U.S. Attorney Carlie Christensen.

The charges allege that Commissioner Phil Lyman, a Blanding accountant and a vocal critic of BLM policies that inhibit access to public lands, "advertised" the ride through a newspaper article and social media.

"We respect the fact that the citizens of this State have differing and deeply held views regarding the management and use of Recapture Canyon, and recognize that they have the right to express those opinions freely. Nevertheless, those rights must be exercised in a lawful manner and when individuals choose to violate the law, rather than engage in lawful protest, we will seek to hold those individuals accountable under the law," Christensen said in a prepared statement.

During the week leading up to the ride, BLM state director Juan Palma warned would-be protesters that their actions could damage cultural sites, which are protected under federal law, and said illegal riders would face legal consequences. Ancestral Puebloans who lived in the canyon until 800 years ago left artifacts, dwellings and graves.

The five defendants, all current or former San Juan County residents, were charged with "operation of off-road vehicles on public lands closed to vehicles" and conspiracy, offenses that carry up to one year in jail and $100,000 in fines.

None was charged with damaging archaeological sites, but prosecutors said the investigation remains open.

The defendants include Monte Wells, Shane Marian, Franklin Holliday and Jay Redd. The men are ordered to appear Oct. 17 before U.S. Magistrate Evelyn Furse.

Redd, who now lives in Santa Clara, is the son of the late James Redd, the Blanding physician who took his life five years ago after his arrest in an BLM investigation into artifacts trafficking.

May 20, 2014

Monument Preserve in New Mexico Could be Next Land Rights Battleground

Organ Mountain Desert Peaks National Monument landscape, near Las Cruces, N.M.

By Elliot Jager
NewsMax


President Barack Obama's decision on Wednesday to declare 500,000 acres in southern New Mexico as the Organ Mountains-Desert Peaks National Monument has set the stage for another controversy that pits conservationists against ranchers, The Washington Times reported.

Environmentalists, conservationists, and state tourism officials lauded the decision as bringing more visitors to the state while protecting the area's unique landscape. The monument is home to five mountain ranges, ancient rock art, and is also where the Apollo astronauts trained for their missions.

Ranchers are angry at losing grazing land. Local law enforcement authorities say the new environmental restrictions that come with the monument designation, will make it harder to patrol the area, which is fast becoming a haven for drug smugglers and illegal immigrants.

Sheriff Todd Garrison of Dona Ana County said the designation would leave thousands of acres as pathways "for criminals to get into this country," the Times reported.

The state's two Democratic U.S. senators, Tom Udall and Martin Heinrich back the administration's decision. Heinrich said that the monument will preserve cultural sites and boost tourism, the Times reported.

Republican Rep. Steve Pearce argued that only 50,000 acres should have been declared a monument – not half-a-million, the Times reported. He said the president's action amounted to a "land grab."

Garrison said law enforcement vehicles will face environmental restrictions in patrolling the area, while smugglers will simply disregard the new monument designation.

The Interior Department's Bureau of Land Management will administer the national monument. The U.S. Border Patrol will have limited access to the land when agents are in hot pursuit of smugglers, the Times reported.

Utah Republican Rep. Rob Bishop, chairman of the Natural Resources Committee's public lands subcommittee, confirmed that environmental restrictions have hampered the Border Patrol. He called on the president to delay the designation until "solutions to existing criminal activities plaguing the border" could be implemented.

While only Congress is authorized to designate a national park, the president may declare national monuments, the Times reported.

May 13, 2014

Federal probe could leave Utah ATV protest riders facing charges

As a Kane County sheriff's deputy watches from a horse, ATV riders make their way into Recapture Canyon, north of Blanding, Utah, on Saturday, May 10, 2014, in a protest against what demonstrators call the federal government's overreaching control of public lands. (Trent Wilson/Salt Lake Tribune)

By Jennifer Dobner
Reuters


SALT LAKE CITY – Federal agents have launched a damage inspection of protected archeological sites in southern Utah where public-lands activists on all-terrain vehicles staged a weekend protest ride challenging the prolonged government closure of a canyon trail.

Undercover agents from the Bureau of Land Management monitored the Recapture Canyon rally and documented cases in which ATV riders broke the law by venturing into an area off-limits to motorized use, BLM spokeswoman Megan Crandall said on Tuesday.

"At the end of the BLM's investigation, all evidence will be referred to the U.S. Attorney's Office for potential civil or criminal action," she said.

About 300 protesters gathered on Saturday at a park adjacent to Recapture Canyon near Blanding, in the southeast corner of the state, calling for federal land managers to reopen the trail to recreational vehicles after seven years of government study and indecision.

The rally, coinciding with heightened political tensions over government control of public lands across the West, climaxed as dozens of protesters, some armed with guns, ventured on ATVs down a closed-off trail through Utah's red-rock desert.

Local sheriff's deputies on horseback kept watch over the protest, along with the undercover BLM agents.

San Juan County Commissioner Phil Lyman, who organized the protest ride, said on Tuesday he was aware that BLM personnel were present Saturday and is concerned about possible penalties for himself and others.

"I would have anticipated that they would take this course of action," said Lyman, who insisted he stopped his own ATV short of the closed area. He said a return visit to the area on Sunday revealed no visible signs of disturbance or damage.

The BLM closed the canyon trail to motorized use in 2007 after its agents said they found an illegally blazed trail and damage to Native American artifact sites.

San Juan County officials sought to establish a public right of way and proposed giving up another local land claim in hopes of gaining BLM approval, but the agency has yet to decide the issue.

Lyman said he now expects the event to be used to justify a continuation of the trail closure, which the agency initially said would be temporary.

"This was never an ATV agenda," Lyman said of the protest. "It had to do with the BLM not following its own process and ignoring the people most effected by its decisions."

The protest followed last month's armed standoff between supporters of renegade Nevada rancher Cliven Bundy and BLM agents who unsuccessfully sought to seize his cattle by force over his longstanding refusal to pay federal grazing fees.

May 3, 2014

Rancher’s family takes grazing fight to sheriff

Ammon Bundy, son of rancher Cliven Bundy files a criminal complaint against the Bureau of Land Management at Metropolitan Police Department headquarters, Friday, May 2, 2014 in Las Vegas. Last month, federal agents launched a cattle roundup on the Bundy ranch after they refused a court order to remove their cattle from public land and pay a grazing fee. (AP Photo/Chris Carlson)

Ken Ritter
The Associated Press
Nevada Appeal


LAS VEGAS — Family members and other supporters took a Nevada rancher’s grazing rights fight against the U.S. government to the sheriff in Las Vegas on Friday, filing reports alleging crimes by federal agents against people protesting a roundup of cattle from public land.

Rancher Cliven Bundy wasn’t among those who filed handwritten complaints with the Las Vegas Metropolitan Police Department — the agency with jurisdiction over Bundy’s ranch in the Bunkerville area and much of Clark County.

Sheriff Douglas Gillespie said through a department spokesman that the complaints would be investigated and any appropriate criminal charges would be turned over to the Clark County district attorney.

In encampments around the Bundy ranch, self-described militia members from around the country continue to camp with handguns on their hips and heavier weaponry within reach in a show of support for Bundy.

But no weapons were seen Friday among those who responded to his call for supporters and witnesses of a tense April 12 standoff beneath an Interstate 15 overpass — and lesser confrontations in preceding days — to file complaints against U.S. Bureau of Land Management police.

Ammon Bundy of Phoenix headed a delegation of three Bundy sons, two sisters and perhaps 15 other supporters who filed reports accusing Bureau of Land Management agents of wielding high-powered weapons, using attack dogs and stun guns, closing public lands, blocking roads, harassing photographers and threatening people.

“We fervently hope and pray that these heavy-handed tactics will not be used on us or any other Americans ever again,” Ammon Bundy said as he read a three-page media statement at the door of police headquarters.

“Will our sheriff keep his oath this time and use his lawful forces to stop them?” Bundy asked. “Or will the people be left to their own protection?”

Ammon Bundy said Cliven Bundy didn’t join supporters Friday in Las Vegas because he previously filed a complaint asking Gillespie to investigate.

Gillespie didn’t immediately respond to questions about Ammon Bundy’s comments.

Bureau of Land Management officials have accused Cliven Bundy of failing to pay grazing fees for 20 years, racking up more than $1.1 million in fees and penalties, and failing to abide by court orders to remove his cattle from vast open range that is habitat for the endangered desert tortoise.

The agency responded to the filing of police reports with a wry statement.

“We welcome Mr. Bundy’s new interest in the American legal system,” spokesman Craig Leff wrote.

Openly carrying a pistol or rifle is legal in Nevada, and permit holders can carry concealed weapons.

Ammon Bundy credited armed guardians with coming to the aid of his family when the sheriff in Las Vegas would not. He also worried that armed federal agents who pulled out after the standoff nearly three weeks ago will return to Bunkerville.

“Will they come back with greater force and more cunning tactics than before?” he asked.

Hundreds of people and law enforcement officers were involved in the April 12 incident. Las Vegas police officers massed nearby but remained on the sidelines while department brass negotiated a truce between Cliven Bundy and the BLM.

Well-armed bureau police and a group of roundup contractors faced off against protesters backed by a picket line of militia members on the overpass displaying handguns, AR-15 and AK-47 and other military-style arms.

“It was the most frightening thing in my life, to have federal agents of my government pointing guns at me,” said John Lauricella, 44, a Las Vegas resident who backs Bundy and said he was in the potential crossfire.

“I was walking right in the front,” he said. “They said, ‘Keep walking and we’re going to shoot you.’”

Lauricella said he filed a police report Friday accusing federal agents of violating his civil rights.

In the end, the BLM released about 350 Bundy cattle that had been rounded up during the previous week then left the area near Mesquite, 80 miles northeast of Las Vegas.

“We believe that the BLM men who pointed guns at over 1,000 people ... committed a criminal act and that the Clark County sheriff’s office should be required to investigate,” Cliven Bundy and his wife, Carol, said in an overnight email asking supporters to file police reports.

Democratic U.S. Rep. Steven Horsford, who lives in Las Vegas and represents Bunkerville and Mesquite, has also called for federal authorities and Gillespie to investigate the gun-toting force that Horsford said was frightening for residents.

After the standoff, Senate Democratic Majority Leader Harry Reid of Nevada branded Bundy supporters who pointed weapons at federal agents “domestic terrorists.” Nevada Republican U.S. Senator Dean Heller called them patriots.

May 2, 2014

'Bigger than Bundy': Land agency's battles go beyond rancher dispute

April 12, 2014: The Bundy family and their supporters fly the American flag as their cattle is released by the Bureau of Land Management. (AP)

By Barnini Chakraborty
FoxNews.com


It's the most powerful agency you've never heard of -- at least, until recently.

The Bureau of Land Management, the nation's biggest landlord, found itself in the spotlight after a high-profile brawl with Nevada rancher Cliven Bundy and another dispute with state officials over the Texas-Oklahoma borderlands.

But the seemingly obscure agency, which is in charge of millions of acres of public land, is no stranger to controversy. History shows the power struggle over property rights and land use is one that's been fought -- fiercely -- ever since the bureau was created.

In the nearly seven decades of its existence, the BLM has struggled to find its footing and exert its power, pitted against a vocal states' rights movement.

"The federal government already owns too much land," Texas Gov. Rick Perry, one of the champions of that modern-day movement, recently told Fox News. He called for the federal government, and by extension the BLM, to "divest itself of a huge amount of this landholdings that it has across the country."

The Bureau of Land Management was formed in 1946, consolidating two now-extinct agencies into one for the purpose of overseeing public land. In the beginning, the BLM mostly focused on livestock and mines. Its mission shifted, though, in the 1970s when it took on the role of mediator between commerce and conservation, and faced a second identity crisis in the 1980s. That's when the so-called Sagebrush Rebellion gained new momentum in its push to return control of federal lands to individual states.

That "rebellion" may be underway once again, as states renew concerns about the amount of land controlled by the BLM. Congress also recently weighed in, with House lawmakers passing a bill in February that would prevent the BLM from buying new land.

Currently, the agency, which falls under the purview of the U.S. Department of Interior, oversees 247.3 million acres -- or about one-eighth of the land in the country.

It also owns 700 million acres of on-shore federal mineral estates.

The BLM is responsible for managing a large spectrum of natural resources. The federal agency regulates logging, mining and fracking practices across the country. It also administers close to 18,000 permits and leases a year held by ranchers who graze their livestock on land managed by the federal government. The permits and leases they issue usually last a decade and can be renewed.

In 2009, regulation of public lands in Western states generated $6.2 billion.

By acreage, the agency's largest stake is in Alaska where it owns 72.4 million acres. Nevada ranks second, with 48 million acres under the BLM, and then Utah, with 22.9 million acres.

In Nevada, rancher Cliven Bundy's recent refusal to hand over his family's cattle to the feds re-ignited the national debate over the BLM's power.

On the heels of that controversy, more than 50 lawmakers from nine Western states came together to protest federal land expansion. The state leaders discussed ways to combine their joint goals of taking control of oil-, timber- and mineral-rich lands away from the federal government.

"It's so much bigger than Bundy. There are issues ... all across the West where the federal government is exerting control over things it was ever supposed to control," Utah state Rep. Ken Ivory told Fox News. "The federal government was supposed to be a trustee. They do own the land. They do hold title to the land in trust ... but they have a duty to dispose of the land with all states east of Colorado."

Ivory says he wants the federal government to keep a promise it made in the 1894 Enabling Act that made Utah a state. He argues that public lands, except for congressionally designated national parks and wilderness areas, should be transferred back to the states.

So far, state lawmakers in Idaho, New Mexico, Arizona, Nevada, Wyoming, Oregon and Washington are looking for ways to transfer land management back to the states.

Utah, though, has been the most successful. Lawmakers there passed a measure demanding the federal government extinguish title to federal lands, aside from national parks. Ivory was also the primary backer of the 2012 Transfer of Public Lands Act which established a model for the transfer of certain federal lands to the state in the coming years.

The Bundy case has been largely viewed as the first leadership test for new BLM Director Neil Kornze, who was confirmed by the U.S. Senate and sworn into office in April. The local land-use dust-up fed into a growing apprehension over just how much authority the BLM has and how far it is willing to go to maintain control.

In Texas, Attorney General Greg Abbott sent a letter to Kornze looking into allegations the BLM was eyeing a massive land grab in northern Texas. "Decisions of this magnitude must not be made inside a bureaucratic black box," wrote Abbott, a GOP gubernatorial candidate.

The agency indicated that the land in question was determined to be public property. "The BLM is categorically not expanding Federal holdings along the Red River," a BLM spokeswoman said in a written statement.

Attention on the Bundy-BLM battle has lately turned to racially insensitive remarks that Bundy made in several media interviews and appearances.

Conservative and libertarian lawmakers like Kentucky Sen. Rand Paul and Texas Sen. Ted Cruz, initially came to Bundy's defense, calling his situation the latest example of big government overreach. Both, though, have since scaled back their comments in light of Bundy's remarks.

"Senator Paul spoke out against federal over-regulation and BLM handling of a situation," Paul spokesman Doug Stafford said in a written statement. "He has never spoken to or met Mr. Bundy and is not responsible for the vile comments that come out of his mouth."

Others say Bundy was at fault, failing to pay $1.1 million in fees for letting his cattle graze on government grass for more than two decades.

"I wish Mr. Bundy would mind his law requirements and not try to play to the television cameras about confronting the evil federal government," former BLM director Patrick Shea told KSL TV. Shea has been on both sides of the land-use debate. He represented activist Tim DeChristopher who took on the BLM over the 2008 sale of controversial oil and gas leases in Utah.

The BLM has run into trouble elsewhere.

In March, BLM officials rounded up a horse herd in Wyoming after area ranchers and farmers complained that the herd grazed down pastures and damaged cattle rangeland. The horses were turned over to Wyoming officials. The state then quickly sold all 41 horses to a Canadian slaughterhouse. Animal rights groups protested the sale and slaughter.

A year earlier, BLM agents in Nevada announced they would be removing 50 wild horses from a herd that had grown too large to be sustained.

But the complaints go beyond horses. In 2011, several Utah counties filed a lawsuit against the agency over exceeding its authority by establishing wilderness protections without the consent of Congress.

Back in the nation's capital, House lawmakers passed a package in February that includes a collection of public land access and restoration provisions. They also adopted two amendments that extend the length of grazing permits on federal lands to 20 years from 10 years and also allow expired or transferred permits to remain effective until new ones can be issued.

Calls to the BLM for comment were not returned.

May 1, 2014

Congressman wants to cut funding for federal ‘paramilitary units’ after BLM dispute

Protesters arrive at the Bureau of Land Management's base camp on April 11, 2014 where cattle seized by the BLM were being held. (Reuters)

FoxNews.com

A Republican congressman wants to crack down on the proliferation of armed law enforcement units within the federal government, on the heels of the standoff last month between supporters of Nevada rancher Cliven Bundy and a federal land agency.

Both sides of that standoff -- agents with the Bureau of Land Management, and states' rights protesters who streamed into Nevada -- were armed, leading the BLM to back down for fear of violence.

But Utah GOP Rep. Chris Stewart told The Salt Lake Tribune that the BLM doesn't need an armed unit in the first place. He's reportedly looking at ways to cut funding for what he calls "paramilitary units" and require them to rely on local law enforcement instead.

"There are lots of people who are really concerned when the BLM shows up with its own SWAT team," he told the newspaper. "They're regulatory agencies; they're not paramilitary units, and I think that concerns a lot of us."

The bill could apply to a host of federal agencies, including the BLM, IRS and others.

FoxNews.com previously reported, followed controversy over a separate armed raid by the EPA last year in Alaska, that 40 federal agencies have armed divisions. This includes nearly a dozen typically not associated with law enforcement.

The agencies employ about 120,000 full-time officers authorized to carry guns and make arrests, according to a June 2012 Justice Department report.

Though most would expect agents within the Drug Enforcement Administration and the Bureau of Prisons to carry guns, agencies such as the Library of Congress and Federal Reserve Board also employ armed officers.

Among those with the largest armed units are the Fish and Wildlife Service, Bureau of Land Management and Park Service.

A BLM spokeswoman told the Tribune that the BLM and Park Service had law enforcement on the scene in Nevada to ensure safety -- and that, with just 300 officers covering millions of acres of public land, they already coordinate with local law enforcement.

But Stewart says they should be able to rely on the local sheriff in these types of incidents.

Other lawmakers, though, are focusing more on the armed militia members who showed up to protest agents taking Bundy's cattle over a grazing fee dispute.

KLAS-TV in Las Vegas reported that Sgt. Tom Jenkins, of the Las Vegas Metropolitan Police Department, said officers were concerned for their lives.

"We didn't show any fear that day, but I can tell you, we all thought in the back of our minds, we all thought it was going to be our last day on earth, if it went bad," he reportedly said.