from the Congressional Record of May 14, 1997

Statement by Rep. Jim Gibbons, R-Nev.

 

BLM BULLIES

The SPEAKER pro tempore. Under a previous order of the House, the gentleman from Nevada [Mr. Gibbons] is recognized for 5 minutes.

Mr. GIBBONS. Mr. Speaker, today I want to discuss something so powerful and hurtful that it cripples the economy, puts a stranglehold on businesses and farms, destroys livelihoods and families, and yet seems unstoppable.

The monster that I am discussing is the power that was once granted to Congress in article I, section 1 of the U.S. Constitution, which reads: All legislative powers herein granted shall be vested in Congress. Today, however, the executive branch of this very Government has taken control of this reserved privilege and holds it captive at the expense of American citizens.

To illustrate my point, I would like to discuss newly assumed police power Secretary of the Interior Bruce Babbitt and the Bureau of Land Management allege to possess. The proposed law enforcement regulations are an attempt to vastly, and in most cases unconstitutionally, expand the BLM's law enforcement authority by increasing the number and types of actions which may result in the violations of law and substantially increase penalties for violation of such regulations.

Let me share with my colleagues, Mr. Speaker, exactly what powers the BLM is commandeering. A story: On July 24, 1994, a family from New Mexico was on a family outing in the Santa Cruz Lake area in the northern part of New Mexico. After fishing and picnicking for 2 hours, the family loaded up their car and were leaving the area when they were stopped by a BLM ranger. According to a complaint filed by the family's attorney, the BLM ranger approached the vehicle carrying a shotgun and ordered everyone out of the car using threats of bodily harm laced with profanity. The BLM ranger fired his shotgun at the car to show that he meant business.

This complaint continues to state that the three men got out of the car and asked why they were being stopped. They asked if it was for fishing without licenses, but they were never asked for their fishing licenses. When a man, woman, and the children tried to leave, the BLM ranger maced the driver and handcuffed him. The driver's mother tried to help her son but was knocked to the ground by the ranger who then stomped on her leg before handcuffing her.

After handcuffing the mother, the BLM ranger went back to the driver and sprayed him again in the face with mace. All this time the children were crying and the ranger yelled at them to shut up. According to the complaint, the BLM ranger said he was going to blow their, and I will delete the expletive, heads off.

It gets worse, Mr. Speaker. When one of the men picked up a child to comfort him, the BLM ranger put a shotgun to the child's head and ordered the man to put the child down. Two other BLM rangers allegedly arrived and began waving their weapons around as well. The BLM rangers refused to say why they had stopped the family in the first place.

The adults were incarcerated, and the BLM ranger did not notify the Attorney General, as they are required to do. Although records at the Santa Fe jail indicate six adults were arrested on charges of assault and hindering a Federal employee, a U.S. magistrate released all those jailed because the BLM did not produce a written complaint and no formal charges were made. To this day the family has no idea, Mr. Speaker, why they were arrested.

Remember these are Federal public land management employees who are committing these atrocious acts. It becomes very evident that these power hungry bureaucracies have designated themselves unconstitutional police powers without having proper authority or training. The agents are turning into bullies with little respect for public safety or property.

Mr. Speaker, no longer are Americans free. They are chained to the dictatorship of bureaucratic monsters. It is time for Congress to stand up for its constitutional rights and the protection of the American people. This is exactly what I and the Subcommittee on National Parks and Public Lands intend to do tomorrow when we bring the BLM and the Department of the Interior before our committee and the American people.

The regulatory authority now used by these Government agencies to create rule after rule and regulation after regulation has begun to put a stranglehold on the Western part of this country to the extent that it may never breathe again.