Nevada Ranchers Sued for Illegal Use of Federal Lands

Two Nevada Ranchers and the estate of another are being sued in a civil complaint filed by the Justice Department. The complaint alleges that they repeatedly grazed livestock on federal lands without the proper permits. They did this in spite of receiving repeated warnings from both the Interior Department's Bureau of Land Management (BLM) and the Department of Agriculture's Forest Service.

The ranchers accused in the complaint are Wayne N. Hage and Benjamin J. Colvin. The estate mentioned in the complaint is the estate of E. Wayne Hage. The complaint alleges that on numerous occasions they grazed cattle on federal lands located in Esmeralda and Nye Counties. They are also charged with illegally receiving money for leasing the federal lands unlawfully to other ranchers who grazed their cattle there also. The land is owned by the Federal Government and they in no way had title to the land or permission to lease it out.

Officers of the Interior Department's Bureau of Land Management (BLM) and the Department of Agriculture's Forest Service saw cattle owned by Colvin and the Hedges grazing on the federal land on 38 different occasions since 2004. Since then, the Interior Department's Bureau of Land Management and the Department of Agriculture's Forest Service have sent numerous letters notifying all of them that they were illegally using federal land. All of the notices have been returned. The ranchers contend that the federal government does not have the authority to regulate federal property. In addition, they have refused to pay for using the land without authorization.

The Taylor Grazing Act of 1934 and the Federal Land Policy and Management Act of 1976 gives the right to manage, administer and protect all federal lands to the Interior Department's Bureau of Land Management (BLM). The Forest Service has the rights under the Organic Administration Act of 1897.

In the suit, the federal government is asking the court to stop the unlawful grazing on federal property as well as have the ranchers reimburse the federal government for the previous unauthorized use of the lands.