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USFS, Martinezes clash on grazing permit issue

Date
August 3, 2005
Contact
Walter Mares Copper Era - Eastern Arizona Courier
In This Release
Public Lands  

Wednesday, August 3, 2005
USFS, Martinezes clash on grazing permit issue

A rancher whose cattle are scheduled to be removed from two grazing allotments for which he does not hold permits has asked Arizona’s governor to
Contact: Walter Mares Copper Era – Eastern Arizona Courier

A rancher whose cattle are scheduled to be removed from two grazing allotments for which he does not hold permits has asked Arizona’s governor to “send out the state militia.”

However, it is unlikely the governor’s office will become involved in what is a federal issue.

The U.S. Forest Service announced in a news release last week that it plans to remove cattle from the Apache-Sitgreaves National Forest’s Pleasant Valley and Hickey grazing allotments on which the Martinez family has cattle if the Martinezes do not remove the cattle.

Forest Supervisor Elaine Zieroth said the Martinez grazing permit on the Pleasant Valley allotment expired last August. The Martinezes also have cattle on the Hickey allotment, for which they have not previously had a permit. The Martinezes reportedly have around 250 cattle grazing there.

The Martinez Ranch, located northeast of Clifton, was owned for decades by Abelardo “Abe” Martinez Sr. It was purchased by Martinez’s three sons. One of those sons, Dan, has been highly vocal in opposition to removal of the cattle. He said the Forest Service is trampling on his federal and state Constitutional rights. He also said the USFS has failed to use due process and does not have a court order to remove the cattle.

Zieroth said the Forest Service has followed every legal procedure necessary and a court order is not required. “We are doing it under federal laws and regulations that allow us to administratively impound anything that’s trespassing on the forest,” she said.

She said the Forest Service sometimes takes some matters through the courts for a court order, but that was not necessary in the case of the Pleasant Valley and Hickey allotments.

Dan Martinez said the Forest Service wants his father to waive certain rights and his father has refused to do so. He said his father has never been involved in the legal system and the Forest Service is trying to “take advantage of these small ranchers.”

Not so, Zieroth said. She said the matter simply comes down to the fact the Martinezes do not have grazing permits. She emphasized the USFS has tried to work with the Martinezes to resolve the issue, but they have refused to comply. She said the Martinez’s Pleasant Valley allotment grazing permit expired in August 2004.

Clifton District Ranger Frank Hayes said the controversy began about three years ago when Abelardo Martinez Sr. sold the ranch to his sons. Hayes said the elder Martinez had a grazing permit for the Pleasant Valley allotment. In order for it to be transferred to the new owners, his sons, Martinez had to first waive the permit to the Forest Service. From there, the permit would have been issued to the ranch’s new owners.

The Copper Era asked Hayes if perhaps the Martinezes were concerned the permit would not have been transferred to them. Hayes said he would not have had any choice but to transfer the permit to them, so that should not have been a concern.

Hayes said during his career with the Forest Service he has never been involved in a case where a grazing permit was not transferred to the receiving party designated by the original permittee. He said as long as the person to whom the permit is being transferred owns 10 acres of an active ranch, that person is eligible for the transfer.

He said there would have been no problem in transferring the permit from the senior Martinez to his sons. Hayes also said the Forest Service has tried to work with the Martinezes to resolve the matter.

Dan Martinez, who lives in Santa Fe, N.M., said in a July 28 telephone interview with The Copper Era that he does not plan to resist removal of the cattle. However, he called the Era the following morning and said he had sent a letter to Arizona Gov. Janet Napo-litano asking her to send the state militia or National Guard to intervene.

Martinez sent the Era a copy of the letter, which says, “I have never refused to do anything they (United States Forest Service) have asked of me. All I have ever asked is for them to show proof of their claim. I repeatedly asked them to show me proof of their authority and jurisdiction. They have refused all of my requests; they have refused me an administrative due process hearing. They filed a claim with the United States Attorney and have failed to state any claim based on law.”

Martinez makes reference in his letter to articles in the U.S. and Arizona Constitu-tions. He also wrote, “Nowhere in the law does it require me to surrender my property in the form of my vested rights without just compensation, and they (United States Forest Service) refused to do it, instead they resort to these strong arm tactics of threats and violence, intimidation, coercion, false allegations and false assumptions upon me and my property.”

Hayes said he was not aware of any of the actions alleged by Martinez, especially threats and violence.

Martinez ended his letter saying, “This is an assault on the Constitution of Arizona and on the rights of the people of the State of Arizona. I am calling on you, Honorable Janet Napolitano to send out the state Militia to protect the Constitution of Arizona.”

Zieroth reiterated the grazing permits are a federal and not a state issue. She said, “This is a challenge of federal government and a challenge of land management down there.”

She added, “We’re working closely with our lawyers and law enforcement to make sure we’re doing everything by the law. We feel we are acting within federal authority.”

“Ranchers are required to have a permit to legally graze on federal land and Mr. Martinez does not have a permit,” Zieroth said. “Livestock grazing is an important part of the mission and culture of the Forest Service and the current Martinez situation is not representative of the many conscientious permit holders here in the Southwest. It is appropriate to continue to graze cattle on the Pleasant Valley and Hickey allotments but we must do so in a legal manner.”

Zieroth said members of the Martinez family were issued impoundment notices on July 26 and were given a last chance to remove their livestock from the National Forest. She said if the cattle are not removed, the Forest Service will hire a company to gather the cattle into corrals.

She said a State of Arizona brand inspector will examine the cattle to determine ownership through brands. After consultation with the state, the owner of the livestock may redeem the livestock by submitting proof of ownership and paying for all expenses incurred by the Forest Service in gathering, impounding and feeding the livestock.

If the livestock are not redeemed, the Forest Service will sell the livestock at public auction and the owner of the livestock will receive any of the value of the cattle once government expenses are recouped.

Is the Forest Service being heavy-handed with the Martinezes? “I don’t think so,” Zieroth said. “We tried hard to work with the family to get them to work with us before canceling the grazing permit. We tried various routes to find a solution.”

Reprinted from the Eastern Arizona Courier

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However, it is unlikely the governor's office will become involved in what is a federal issue.