Newspaper column: DACA rhetoric just muddies the waters

Pro-DACA gathering in Las Vegas earlier this month. (R-J pix)

The vitriol being spewed over President Trump’s suspension of Obama’s executive fiat to defer deportation of illegal immigrants brought to the United States as children is nothing more than pretentious and pointless political patronizing.

Nevada’s Democratic delegation to Washington was unmatched in its heated hyperbole.

Sen. Catherine Cortez Masto called Trump a racist and a xenophobe, firing off a missive declaring the “decision to end DACA protections for DREAMers is not guided by sound policy, but by xenophobia and myths. DREAMers who benefit from DACA know no other country other than the U.S. Denying them DACA protection unjustly rips away their future, exposes them to job loss, and threatens them with deportation from the only country they have ever known.”

For the acronym deprived, DACA stands for Deferred Action for Childhood Arrivals, the name given by Obama to an executive order to defer deportations of illegal immigrants brought to the U.S. as children. DREAMers is a derivation of the Development, Relief, and Education for Alien Minors Act, which has been pending in various forms in Congress since August of 2001 without passage.

When Congress failed to act, Obama took it on his own in June 2012 to do what Congress had not.

Even though Trump gave Congress six months to remedy his rescinding of DACA and pass the DREAM Act, Rep. Jacky Rosen declared it was wrong to invite “these young people to come out of the shadows, raise their hands, and make themselves known, the United States made a promise to those who came here as children. President Trump is now reneging on that promise …”

Rep. Ruben Kihuen, making the obligatory observation that he was once an undocumented immigrant brought here by his parents, said in an email that the decision tramples this country’s values and shatters the hopes and dreams of the 800,000 who have signed up for DACA. He called the decision “heartless and cruel.”

Rep. Dina Titus said, “Ending DACA appeals to xenophobic beliefs and goes against the founding principles of our nation” — ignoring the fact it was Obama who made a promise he had no power to make.

In a statement announcing the DACA decision, Attorney General Jeff Sessions said, “This policy was implemented unilaterally to great controversy and legal concern after Congress rejected legislative proposals to extend similar benefits on numerous occasions to this same group of illegal aliens.

“In other words, the executive branch, through DACA, deliberately sought to achieve what the legislative branch specifically refused to authorize on multiple occasions. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.”

In contrast to Nevada’s Democratic delegates, its Republicans reacted by saying it is now time for Congress to do its job.

Sen. Dean Heller issued a statement to the Reno newspaper saying, “While I remain concerned about the way in which DACA came to life, I’ve made clear that I support the program because hard working individuals who came to this country through no fault of their own as children should not be immediately shown the door.”

Heller noted that he is a cosponsor of the Bridge Act, which provides legal status for so-called DREAMers while Congress works toward a permanent solution to immigration problems.

“Just as I have in the past, I’ll continue to work with my colleagues to reform our broken immigration system and that must start with securing our borders …” Heller’s statement continued.

Rep. Mark Amodei put out a statement noting that he is a sponsor of a bill called Recognizing America’s Children Act, which would provide a way for childhood immigrants to earn legal residency.

“Since I’ve been here, I’ve called on congressional leadership to act on immigration reform. I would always rather be criticized for attempting to move this issue toward a solution, than criticized for repeated inaction,” Amodei said in a statement. “Now, Congress has six months to do the job it’s supposed to do according to the Constitution. If we’re unable to do that job, then 800,000 immigrants will be affected.”

Amodei further noted that Congress has not passed any substantive immigration reform since Ronald Reagan was president, three decades ago, adding that if any blame is to be attached to this it is rightfully Congress’.

The Democrats’ rancorous rhetoric does nothing to move toward a compromise and might well jeopardize that goal, especially if they categorically reject border security as a part of the package.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

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Zinke recommendation to reduce Gold Butte Monument size met with usual blather

Interior Secretary Ryan Zinke’s memo to President Trump recommending an unspecified reduction in size of several recently created national monuments — including the 300,000-acre Gold Butte National Monument in Clark County — has sent the usual suspects into apoplexy.

Democrat Rep. Ruben Kihuen, whose district includes Gold Butte, screeched, “The latest leaks from this administration show that once again Secretary Zinke is ignoring the will of Nevadans by recommending that the size of Gold Butte National Monument be reduced. This decision will not only be detrimental to Nevada’s economy and shared cultural heritage, but it is further proof that the monument review process has been rigged from the start. Secretary Zinke promised that Nevadans’ voices would be heard. Instead, we got half-hearted attempts to meet with stakeholders and secret memos cooked up behind closed doors, all when the outcome was predetermined from the beginning. When it comes to altering our monuments and impacting our livelihood, Nevadans deserve more than unofficial leaks and uncorroborated reports. Secretary Zinke should look Nevadans in the eye and give it to us straight, rather than hide behind the administration’s continued shroud of secrecy.”

Secretary Ryan Zinke talks to media in Bunkerville during a visit to Gold Butte. (R-J pix)

Actually, the residents of Mesquite welcome the reduction, especially if the free land assures the town it will have access to springs in the region that will be needed to supply the growing community with drinking water in the future.

Zinke’s memo specifically noted that the water district has historic water rights to six springs and five of those are within the Obama-designated national monument boundaries.

Democrat Rep. Dina Titus weighed in by proclaiming, “Secretary Zinke leaked a memo in the middle of the night because he knows his plan to hack away at monuments like Gold Butte is an overreach opposed by the majority of Americans. Gold Butte’s opponents have created a straw man argument about water rights without mentioning that the monument’s proclamation includes language to protect them. Now we must recommit our effort to protect these precious public lands in the courts and send a strong message to Zinke and Trump to keep their hands off our monuments.”

Democrat Rep. Jacky Rosen claimed, “No President has unilateral power to revoke a national monument under the Antiquities Act and any decision to redefine protections for Nevada’s national monuments is a blatant overreach. This rash decision by the Trump Administration will not only endanger Nevada’s natural beauty and chip away at our cultural heritage, but it will also hurt our state’s outdoor recreation economy by eliminating jobs that have contributed significantly to our local tourism industry. I’ll continue to stand up to this administration, in every way I can, to protect Nevada’s public lands.”

Democrat Sen. Catherine Cortez Masto in the past has opposed reducing the footprint of any national monument.

But Republican Sen. Dean Heller and Rep. Mark Amodei had opposed the designation of Gold Butte and the 700,000-acre Basin and Range National Monument in Nye and Lincoln counties. Zike’s memo makes no mention of Basin and Range.

Heller said, “As a strong proponent of states’ rights, the Obama Administration’s decision to bypass Congress and designate two national monuments in Nevada despite widespread disagreement at the local level is an example of extreme overreach and the failed Washington-knows-best mentality. That is why I welcomed Secretary Zinke to Nevada to see first-hand the impact of monuments designated under the Antiquities Act with no local input. After talking to and meeting with the Secretary several times, I am pleased that he has taken my recommendation to ask the President to modify Gold Butte’s boundaries to allow the Virgin Valley Water District to access its water rights that were lost under the previous Administration. These actions recommended by me and Secretary Zinke prioritize local concerns over the opinion of Washington bureaucrats, and I hope that President Trump will agree with the Secretary.”

Frankly, the designations as national monuments did little more than create paperwork, because the all the land was under the jurisdiction of various federal land agencies, primarily the Bureau of Land Management. The monument designation does nothing to add actual protection for the few petroglyphs and other artifacts that are located on the sites.

Zinke noted this lack of protection and wrote that his agency “should work with Congress to secure funding for adequate infrastructure and management needs to protect objects effectively” in Gold Butte.

As we have already noted, these monuments need not be so large.

The Antiquities Act of 1906 was passed in order to protect prehistoric and Indian ruins and artifacts on federal land in the West and the law limits such designations to “the smallest area compatible with proper care and management of the objects.” While earlier monuments averaged 422 acres, several of Obama’s designations exceeded a million acres.

The Gold Butte portion of the Zinke memo:

Editorial: Western congressmen seek monument size reductions

Recently the 17 members of the Congressional Western Caucus — which includes Nevada’s Rep. Mark Amodei — took Interior Secretary Ryan Zinke up on his request for feedback on what to do about all the national monuments created in the past two decades, sending him a letter with specific recommendations about 27 of those monuments.

These recommendations called for vastly scaling back the size of two monuments created by President Obama in his last year in office at the urging of then-Sen. Harry Reid — the 300,000-acre Gold Butte in Clark County and the 700,000-acre Basin and Range in Nye and Lincoln counties.

The letter repeatedly points out that the Antiquities Act of 1906, which authorizes the president to create monuments, was passed in order to protect prehistoric and Indian ruins and artifacts on federal land in the West and the law limits such designations to “the smallest area compatible with proper care and management of the objects.” While earlier monuments averaged 422 acres, several of Obama’s designations exceeded a million acres, the letter notes.

Zinke’s review of the monuments comes at the behest of President Trump, who in April asked for the review in an executive order, giving Zinke till Aug. 26 to comply. Zinke was scheduled to be in Nevada this week to discuss the matter.

As for Basin and Range, the congressmen point out it is larger than Rhode Island and was created as “a personal favor to then-Senate Minority Leader Harry Reid. According to a former Obama adviser, ‘it is only due to Harry Reid that [Basin and Range] is getting done.’”

The letter quotes opposition to the monument from the Nevada Farm Bureau, as well as Lincoln and Nye County commissioners.

Nye County Commissioner Lorinda Wichman called the monument “an excellent example of hypocrisy,” noting that Reid insisted on local consent for the construction of a nuclear waste repository in Nye County at Yucca Mountain, which many in Nye favor, while ignoring the lack of local consent for Basin and Range, which many opposed because of its impact on recreation, grazing and mineral exploration.

The letter also points out that one of the motives for creating Basin and Range was to provide a buffer for an “art” project on a strip of private land, which has nothing to do with protecting antiquities.

According to a Washington Post article in 2015, Reid, who for two years could not get Congress to go along with his proposal to put the land off limits, asked Obama to create a national monument partly as a buffer for a giant earthen and concrete art project called “City” and described as “reminiscent of a ceremonial Mesoamerican city stretching across an expanse of desert nearly the size of the Mall” in Washington. The “artist” has been working on it for 50 years and allows only VIP visitors and journalists to view his work.

Though both Amodei and then-Rep. Cresent Hardy, in whose districts the monument is located, opposed it, Reid persuaded Obama, who owed him a favor or two for such things as ObamaCare and ending the filibuster for judicial nominations.
The caucus letter recommends the monument be reduced to about 2,500 acres — “the smallest area compatible with proper care and management of the objects to be protected.”

As for Gold Butte, the letter notes the designation specifically bans grazing and suggests it was “political retribution” against the Bundy family, whose cattle have grazed in the area for more than a century. Cliven Bundy and four of his sons are currently in jail awaiting trial on charges growing out of an armed standoff in 2014 when BLM agents attempted to confiscate their cattle.

In January, Amodei and Sen. Dean Heller introduced the Nevada Land Sovereignty Act, which intends to prevent the threat of executive action designating or expanding national monuments without congressional approval or local support.

Neither monument needs to be so large.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

Gold Butte (BLM pix)

 

Western congressmen seek reduction in size of national monuments

Two weeks ago the 17 members of the Congressional Western Caucus — which includes Nevada’s Rep. Mark Amodei — took Interior Secretary Ryan Zinke up on his request for feedback on what to do about all the national monuments created in the past two decades, sending him a letter with specific recommendations about 27 of those monuments.

These recommendations called for vastly scaling back the size of two monuments created by President Obama in his last year in office at the urging of then Sen. Harry Reid — the 300,000-acre Gold Butte in Clark County and the 700,000-acre Basin and Range in Nye and Lincoln counties.

The letter repeatedly points out that the Antiquities Act of 1906, which authorizes the president to create monuments, was passed in order to protect prehistoric and Indian ruins and artifacts on federal land in the West and the law limits such designations to “the smallest area compatible with proper care and management of the objects.” While earlier monuments averaged 422 acres, several of Obama’s designations exceeded a million acres, the letter notes.

Zinke’s review of the monuments comes at the behest of President Trump, who in April asked for the review in an executive order, giving Zinke till Aug. 26 to comply.

As for Basin and Range, the congressmen point out it is larger than Rhode Island and was created as “a personal favor to then-Senate Minority Leader Harry Reid. According to a former Obama adviser, ‘it is only due to Harry Reid that [Basin and Range] is getting done.'”

The letter quotes opposition to the monument from the Nevada Farm Bureau, as well as Lincoln and Nye County commissioners.

Nye County Commissioner Lorinda Wichman called the monument “an excellent example of hypocrisy,” noting that Reid insisted on local consent for the construction of a nuclear waste repository in Nye County at Yucca Mountain, which many in Nye favor, while ignoring the lack of local consent for Basin and Range, which many opposed because of its impact on recreation, grazing and mineral exploration.

The letter also points out that one of the motives for creating Basin and Range was to provide a buffer for an “art” project on a strip of private land, which has nothing to do with protecting antiquities.

A view of “City,” artist Michael Heizer’s monumental work of land art in the Nevada desert. (Tom Vinetz / Triple Aught Foundation / LACMA via LA Times)

According to a Washington Post article in 2015, Reid, who for two years could not get Congress to go along with his proposal to put the land off limits, asked Obama to create a national monument partly as a buffer for a giant earthen and concrete art project called “city” and described as “reminiscent of a ceremonial Mesoamerican city stretching across an expanse of desert nearly the size of the Mall” in Washington. The “artist” has been working on it for 50 years and allows only VIP visitors and journalists to view his work.

“Explain it to me,” the paper quoted Reid quoting Obama.

“I can’t,” Reid said he replied.

Though both Amodei and then-Rep. Cresent Hardy, in whose districts the monument is located, opposed it, Reid persuaded Obama, who owed him a favor or two for such things as ObamaCare and ending the filibuster for judicial nominations.

The WaPo story ends thusly:

“This was on nobody’s radar screen, and it certainly wasn’t part of the plan,” said one person close to the president who has been involved in the discussions. When the question of possible controversy was broached, Obama said: “I don’t care. I want this done.”

Reid visited (Michael) Heizer’s art installation and its remote environs in 2007. He said he went “to check off a box.” But the visit changed him. “I became a convert. … You have this magnificent work of art that this man spent half a century working on. And that’s quite a story.”

The caucus letter recommends the monument be reduced to about 2,500 acres — “the smallest area compatible with proper care and management of the objects to be protected.”

As for Gold Butte, the letter notes the designation specifically bans grazing and suggests it was “political retribution” against the Bundy family, whose cattle have grazed in the area for more than a century. Cliven Bundy and four of his sons are currently in jail awaiting trial on charges growing out of an armed standoff in 2014 when BLM agents attempted to confiscate their cattle.

Gov. Brian Sandoval said the monument designation bypassed Congress and the public.

In January, Amodei and Sen. Dean Heller introduced the Nevada Land Sovereignty Act, which intends to prevent the threat of executive action designating or expanding national monuments without Congressional approval or local support.

“Whether you agree with our proposals or not, I have always supported a public and transparent process which includes input from interest groups, local communities, and elected representatives,”Amodei said at the time. “Unlike all of our Nevada lands bills that allow stakeholders an opportunity to voice their concerns and ultimately reach a consensus agreement that achieves bipartisan support, the Obama Administration has repeatedly bypassed Congress and local input.”

Heller said, “Late last month, without even having a say in the matter, Nevadans witnessed the executive branch quickly lock up hundreds of thousands of acres of local, public land with an effortless stroke of the pen. No matter which political party is occupying the White House, these types of unilateral federal land grabs by the executive branch should not be allowed.”

The caucus letter quotes former Rep. Hardy as stating: “If you want to protect the petroglyphs, and you want to designate that as the monument, that’s what the Antiquities Act was set up to do, is protect the minimum possible footprint of that of what you’re trying to designate. Not an extra 300,000 acres on top of the 50-100 acres that you could have protected.”

The letter itself did not state any specific size for Basin and Range.

In concluding remarks, the congressmen argue: “The Antiquities Act of 1906 is broken and in desperate need of reform. No one person should be able to unilaterally lock-up millions of acres of public land from multiple-use with the stroke of a pen. Local stakeholders deserve to have a voice on public land-use decisions that impact their livelihoods.”

BLM pix

Let’s play the blame game

(AP pix)

No matter what happens it is Trump’s fault.

Freshman Nevada Congresswoman and soon-to-be-announced candidate for the Senate Jacky Rosen put out the most mind boggling press release in recent memory after Anthem announced it was pulling out of the ObamaCare health insurance business in 14 Nevada counties, leaving about 8,000 residents in those counties with no ObamaCare option.

Her statement reads:

“These health insurers pulling out of Nevada is a direct result of President Trump and Republicans in Congress creating partisan chaos over health care. The rush to pass this reckless legislation has already caused so much instability on the exchange that thousands of rural families in Nevada will now have zero options. This exodus from Nevada’s health exchange creates a crisis for patients in rural communities who were already struggling with access to affordable health care as it is. All signs point to President Trump and Republicans in Congress continuing to sabotage the Affordable Care Act for political reasons, which means we can only expect to see additional health insurers exit the Silver State Health Exchange. It’s time for Republicans to give up on this obsession with tax breaks for the wealthy and instead work across the aisle to work on finding real, bipartisan solutions to improve our health care system.”

Of course, as The Wall Street Journal reported online Wednesday afternoon, the company is pulling out due not to something that might happen in the future, but due to the nature of ObamaCare.

The paper said Anthem’s decision was due to the volatile individual market, which is due to the ObamaCare rules and restrictions. The company said that “planning and pricing for ACA-compliant health plans has become increasingly difficult due to a shrinking and deteriorating individual market, as well as continual changes and uncertainty in federal operations, rules and guidance, including cost-sharing reduction subsidies.”

As Forbes points out, the Senate health care bill keeps cost-sharing subsidies through 2020, and if they are reduced insurers could increase rates by 15 to 20 percent, shifting the cost the consumer instead of the taxpayers.

Congressman Mark Amodei, who represents six of the counties affected, said:

“Sadly, this news isn’t shocking. It represents another symptom of the sickness that is killing America’s health care system. While there are plenty of arguments on how to fix this, regardless of your political views, it’s clear the status quo isn’t working and is in need of serious repair. Once again, I’m left wondering, when is Congress going to put the issue ahead of the politics? I will continue to focus on the facts and the policy options to be applied in Nevada. As always, my goal is to ensure that any reform package increases Americans’ access to quality and affordable care, while paying respect to rural communities like ours that are being hit the hardest.”

 

 

Democrats push to block Nevada entering statehood

The Democratic majority in the Nevada Legislature is doing everything they can to erase everything accomplished by the 2015 Republican-controlled session. First, labor reform and a minor prevailing wage reform are rolled back. Now, they want to keep Nevada a territory instead of barging ahead into some semblance of statehood.

In 2015 the Legislature passed Senate Joint Resolution 1, which urged Congress to release about 7.2 million acres of federal public land to the state, which would have reduced the federal land control in the state from about 85 percent to about 75 percent.

In support of that resolution in March 2015 Congressman Mark Amodei, who represents northern Nevada, introduced H.R. 1484, dubbed the Honor the Nevada Enabling Act of 1864 Act. The House Natural Resources Subcommittee on Energy and Mineral Resources finally got around to conducting a hearing on the bill in November but the bill lapsed with the session of Congress.

Amodei at a meeting in Reno in April. (RGJ pix)

On Tuesday the Assembly Committee on Natural Resources, Agriculture and Mining heard testimony on Senate Joint Resolution 12, which would rescind SJR1 as if it never happened and the results of a years-long public lands task force report was written in smoke. That task force found that, while the federal government loses 91 cents an acre on the land it manages, states with public land trusts make $28.59 acre, meaning Nevada could net $114 million by taking over just 10 percent of BLM land.

SJR12  has already passed the Senate on a 12-9 party-line vote.

Meanwhile, Rep. Amodei appears to be throwing in the towel. He told the Reno newspaper editorial board this week that he won’t likely reintroduce a bill to transfer federal land to state control. “Transferring millions of acres of public lands … is not something I think the majority of people think is a good idea,” he was quoted as saying.

Janine Hansen, representing the Nevada Committee for Full Statehood, was one of the few to testify against SJR12. She noted that the federal land bureaucracies are blocking economic development in rural Nevada.

 

 

 

Editorial: Give Nevadans a voice in land use

Gold Butte (R-J photo)

Gold Butte (R-J photo)

Nevada’s two remaining Republican representatives in Washington have joined forces to introduce legislation that would prevent future presidents from usurping Nevada land without first consulting Nevadans.

This past week Sen. Dean Heller and Rep. Mark Amodei, who represents Northern Nevada, introduced the Nevada Land Sovereignty Act of 2017 (H.R. 243, S. 22). If passed, it would block executive fiats designating or expanding national monuments without congressional approval or local support, they say.

In just more than a year President Obama has unilaterally declared off-limits to productive economic uses 1 million acres of Nevada land — first the 700,000-acre Basin and Range National Monument in Lincoln and Nye counties and in recent weeks the 300,000-acre Gold Butte National Monument in rural northeast Clark County. Basin and Range alone is larger than the state of Rhode Island.

Obama used the authority granted him by the Antiquities Act of 1906. Though more recent legislation has required environmental reviews and public comments, none was undertaken.

The legislation introduced by Heller and Amodei is terse and to the point. It basically piggybacks onto current law that reads: “No extension or establishment of national monuments in Wyoming may be undertaken except by express authorization of Congress.” The current proposal would amend this by simply adding the phrase “or Nevada” after the word Wyoming.

“Whether you agree with our proposals or not, I have always supported a public and transparent process which includes input from interest groups, local communities, and elected representatives,” Congressman Amodei was quoted as saying in a press release announcing the legislation. “Unlike all of our Nevada lands bills that allow stakeholders an opportunity to voice their concerns and ultimately reach a consensus agreement that achieves bipartisan support, the Obama administration has repeatedly bypassed Congress and local input. I continue to be amazed by the fact that some people hug unilateral, non-transparent monument designations, while at the same time, protesting vehemently over the introduction and public discussion of congressional lands bills proposals. In contrast to the last eight years of this administration’s one-sided approach on major land management decisions in Nevada, our bill simply ensures local stakeholders have a seat at the table going forward.”

Sen. Heller was quoted in that press release as saying, “Late last month, without even having a say in the matter, Nevadans witnessed the executive branch quickly lock up hundreds of thousands of acres of local, public land with an effortless stroke of the pen. No matter which political party is occupying the White House, these types of unilateral federal land grabs by the executive branch should not be allowed. Public input and local support remain critical to the decision-making process of federal land designations. This legislation prevents actions like last month’s Gold Butte land grab from occurring without input from Congress and local officials. I’d like to thank Congressman Amodei for his partnership on this bill.”

One hurdle for this proposal may be that all four of Nevada’s current Democratic members of the Washington delegation expressed support for Obama’s Gold Butte land grab.

Whatever one’s opinion on the end result, wouldn’t it be preferable for Nevadans to have a say in how the land here is used, instead of having it crammed down our throats?

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.