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Carver hits Feds on land ownership
By LANE MILLS
Daily Press Staff Writer

Carver speaks at Constitutional Conference

(Dick Carver was a featured speaker at a "Constitutional Awareness Conference" held Sept. 17,1994, in Montrose, Colo. An account of his presentation was published in the Sept. 19 edition of The Montrose Daily Press. The complete text of The Daily Press' article follows.)

Nye County, Nev., county commissioner Dick Carver, who is challenging federal ownership of public lands nationwide, was received warmly by the more than 200 people who attended the Constitutional Awareness Conference" sponsored by the Stewards of the Constitution of Montrose at Friendship Hall from 9 a.m. to 4 p.m. Saturday. Carver was the third featured speaker during the conference. He made his presentation after Dr. Gene Schroder and Colorado State Rep. Charles Duke, R-Monument.

"Federal law only applies to federal property," Carver said. "lt's very clear and the courts have held that up for the last 200 years. The problem we have to deal with is to define what is that federal property. lt's time for you to not recognize (federal ownership of public lands) any longer--you recognize the constitution and we'll get it back," he said. "You're the ones who can make it happen. Not me ...not Charlie (Duke) ... not Gene (Schroder) -- it's you. You can make it happen. "We have to quit assuming that the federal government has all that power. The supreme law of the land are only laws made pursuant to the Constitution of the United States of America.

"That's clearly only about 20 powers the federal government has," Carver said. He said the first thing to ask federal agencies for is proof that the federal government owns the land. He said the federal agents cannot provide documentation because it does not exist. Carver stated that claims by the federal government that it owns public lands are groundless because the claims are not supported by the Constitution or court decisions historically.

Carver also discussed how he operated a bulldozer to open a road closed by the U.S. Forest Service. A Forest Service law enforcement agent attempted to block the operation and Carver filed charges against the employee the next day. He said the county district attorney did not follow up. Nor did the state attorney general. Carver said he will try to call a citizen's grand jury to pursue the case against the Forest Service employee and to investigate the county district attorney and state attorney general for collusion.

Carver said federal law enforcement agents in the Forest Service and Bureau of Land Management have no authority to enforce laws on public lands. He stated that since public lands belong to the states and the states are made up of counties, the function of law enforcement belongs to the county sheriff.

"lf anybody can prove that I am wrong, I will back off and say I am wrong," Carver said. "They haven't so far and that is because they cannot. Ownership of public lands is a political issue which has nothing to do with the law."

He said Babbitt can enforce Rangeland Reform on federal lands in Nye County--that is, the U.S. Post Office in Tonopah. Carver said he took up the issue of public lands ownership because he swore to uphold the U.S. Constitution. He stated the Constitution clearly outlines the purposes for which the federal government may own land. He stated Forest Service and BLM uses are not included.

He said he is waiting for the federal government to take him to court over his road-opening activities to bring the issue of public land ownership to a head. "I'm not going to ask the courts to tell the federal government I'm right," Carver said. "I want the government to take me to court to prove I'm wrong. They won't do that because it will bring the whole question of their ownership to the forefront--they know I'm right and so do I."

He said the important thing for people to do is to educate themselves about ownership of public lands and then to pass that knowledge along to county elected officials. "I'm here to tell you to get behind your county commissioners," he said.

Carver singled out Montrose County commissioner Bob Corey to thank him for attending the conference. He said the other two commissioners should have been tied up and forced to attend. He also stated that Congress ignores the 10th Amendment because citizens of the country have allowed it to happen.

Carver thanked President Clinton for galvanizing the American public. "I'll tell you he is doing a damn good job--don't impeach him, don't recall (Interior Secretary) Bruce Babbitt, keep them right where they are," Carver said. "They are making not only the miners and the ranchers mad but everybody."

Carver said Nye County will not implement health care reform, the crime bill, the Endangered Species Act or the Environmental Protection Act because they are not constitutional.

Carver commented on the importance of counties taking control of public lands in an interview with The Daily Press Sunday. "First of all, the federal government can enforce all the laws and treaties it wants to on federal lands, that is, lands beneath water," Carver said. "When we go out here and encourage ranching, mining and recreation, what is going to happen on the local level? Your economy is going to come up. When the economy goes up unemployment goes down, welfare goes down and government costs less to operate. The people of the county will manage the land in an environmentally responsible way because their livelihood depends on it. We don't need Washington, D.C., to manage our lands--they don't have a clue what our needs are," Carver said.

"Of course the federal government has a role in managing lands but their role has to be subordinate to that of the people. If we can work together we can make this work. The time is right. The time is now."

Carver said he welcomes people to write to him. His address is HCR 60, Box 5400, Round Mountain, Nev., 89045. 

 

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