Sent signed and U.S.P. 2/21/13
Charles W. Sylvester
P.O. Box 155 LaSalle, Colorado 80645
Farm_Cowboy@msn.com H# (970) 284-6874
Secretary Ken Salazar
U.S. Department of Interior
1849 C. St. NW
Washington, D.C. 20240
Dear Ken, February 20, 2013
Congratulations on your professional career in serving our country – in many ways including your appointment as Secretary of the Interior.
I am sure you are looking forward to returning to your native state of Colorado, and spending well deserved time with your family.
Speaking of family, your brother John is doing a great job as our Commissioner of Agriculture, and therefore gaining healthy respect in the Ag community.
Before you leave D.C., I’d appreciated our working together to address some unfinished business; and that is the 1993 Interim agreement between the DOI (BLM) and Wyoming Granite Mountain Open No. 1636 Allotment Owners (AO – and also known as Stockholders and Permittees). Through earlier communications with you and your department, and subsequently BLM Director Bob Abbey, I know you are familiar with this matter, and are likely to be in agreement it deserves closure.
The1993 agreement was based on BLM’s commitment to do water development fencing etc. maintenance, in exchange for Stockholders agreeing to a temporary voluntary giving up 45% of their AUM’s.
Though the Stockholders honored their part of the agreement, they noticed within a few years that the BLM would not honor their part and instead increased their feral horse herds. So began the Stockholder’s request the agreement be terminated; which the BLM finally did February 22, 2012 via a letter from BLM agent Richard Vandervoet.
Due to a government action – i.e. the 1993 Interim Agreement, each Granite Mountain Open Allotment Owner has accrued financial losses. Under historic statues, State and U.S. Constitutions, these government generated losses are wholly recognized as “compensable” to Allotment Owners.
The historic recap “In the Shadow of Wounded Knee” (National Geographic August 2012) serves as sad reminder that government is quick to lie, and excruciatingly slow to correct itself and assume full accountability; even after clear showings of its wrongful, inaccurate actions.
“Shadow of Wounded Knee” explains how – in 1868 the Native American Indians were deceived by government employees, simply because they didn’t know how to read our English. In 1868 men came out and brought papers. We could not read them, and they did not tell us truly what was in them...When I reached Washington the Great Father (President of the United States) explained to me...that the interpreters had deceived me. All I want is right and justice. They (federal government) made us many promises, more than I can remember. But they kept but one--They promised to take our land...and they took it." Chief Red Cloud of the Ogallala 1822-1909
I offer this parallel, for not unlike government’s approach to the Indians, the Lander BLM agent came to the Stockholders, explained an agreement was necessary for conservation and range rest, and strongly suggested that unless we signed the agreement, we wouldn’t get any “improvements” cooperation from BLM. And we, the stockholders, could read, and believed him. We believed the agreement was as stated, “interim – i.e. temporary,” and that BLM would honor their commitment to improvements, so we agreed to voluntarily give up 45% AUM’s., leaving 55% of AUM’s based on 1993 numbers…NOT the highest historic levels.
A side note: BLM reported 19 years (or 2012) later, that their tracking revealed Stockholders running only 53% AUM’s.
Page 2 – Item No 1 (Agreement of management actions…) of the Interim Agreement, BLM reiterates the appropriate feral horse management levels of 160 (minimum) and 250 (maximum) with roundups every 3 years. Yet on a range tour in 2006, Roy Packard (then in charge of the Feral horse program), bragged that there were probably 800 horses in our allotment, and BLM employees reported up to 1,000 with as many as 1,100 at one time.
Feral horse numbers have never been maintained at levels less than 250 over the past 20 years.
For the record: Considering the “Highest Historic Level” on the Granite Mountain Open Allotment, Allotment owners have run considerably less over the past 30 or so years; and since 1993, likely a quarter (maybe an eighth) less than that.
Bottom line, Secretary Salazar, while I kept with the interim agreement, the BLM did not. The big contrast between the 1868 agreement and today is that BLM employees – not the Native American Indians, who appear the ones who cannot read, or maybe worse yet…can’t count! Instead, they used our grass to feed the excess numbers of Feral horses. My Water and Range rights had vested in the late 1800’s. These rights to “forage and water” have never been waived, extinguished or voluntarily abandoned. Said “forage and water” constitute my “Property.” BLM’s Feral horses stole my property, and I’m due just compensation.
Therefore, please consider the following my submission of financial loss, with expectation of full and immediate just compensation by government.
Here’s a backgrounder on how I figured my financial loss:
Using assigned number of 2,108 AUM’s, subtract the 45% cut, equals 948 AUM’s. Feral horse AUM’s have been figured at approximately 79 head over 12 months at an annual basis. To house feral horses, government pays private property owners in the range of $1.50 to $1.75 per head per day. Forgiving the Federal Government $0.50 to $0.75 I’ll use $1.00 per head per day - or $30.00 per month. Take $30.00 times 12 months times 20 year’s time 79 head of feral horses equals $568,800 total, less $25,596 the BLM fees I would have paid, leaves a balance of $543,204. Bill summary follows on the last page.
We pray DOI justly compensates expeditiously. Should DOI desire to litigate instead, we will subpoena BLM employees to verify the numbers, with the add on request that certain BLM employees be given immunity and protection; because they’re sure to tell the truth.
Ken, I hope you enjoy your remaining days in D.C. and that your transitioning goes smooth and happy. After you’re settled back in Colorado, we’ll put business aside (because it’ll have been settled justly), and renew our friendship over coffee or Crown to your liking.
Thank you,
Charles W. Sylvester
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Bill Summary: Granite Mountain Open Allotment Owner Charles W. Sylvester
2108 AUM’s Granite Mountain Open Allotment
-45% Volunteer give up
= 948.6
12 Months of year
79 Horses per year @ $1.00 per 30 day month
(Compared to $1.50 - $1.75 BLM per day BLM pays sanctuaries.)
= $30.00
$2,370.00
X’s 12 Months in year
= $28,440 Total per year
X’s 20 Years of excess Feral horses
$568,800 Total
- $25,596 Less BLM for my bill
= $543,204 Total owed to Charles Sylvester
__________________________________________________________________________
A Federal Government Agency known as the Department of Interior, through its department Bureau of Land Management, owes $543,204.00 payable to Charles W. Sylvester.
Charles W. Sylvester P.O. Box 155 La Salle, CO 80645 970-284-6874 |