[Congressional Record Volume 143, Number 63 (Wednesday, May 14, 1997)]
[House]
[Page H2615]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.
____________________