In 2022 the following complaint was filed with the DOJ, DOI, BLM Colorado State Director, BLM Utah State Director, Republican Congresswoman Lauren Boebert, and Colorado Attorney General Phil Wier.
The complaint was registered on the following websites: https://www.blm.gov/
https://boebertforms.house.gov/services/help-federal-agency.htm
https://complaints.coag.gov/s/contact-us
The Complaint/s are below all had the 5 bulleted pdf documents below attached. Not one response was received by any elected representative, state, or federal agency as of 6.2.23. The same complaint was filed with the BLM Director in the state of Utah where the BLM has also unilaterally assimilated dozens of Utah state laws.
- 40 USC 3112, 40 USC 255
- BLM adopts 115 CO state laws
- DOJRES~2
- DOJ Resource Manual 1630 18 USC 7 a
- statviewer 355
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Sent: Thursday, February 16, 2023 8:12 AM
To: ‘Farley, McKenna’ <[email protected]>
Subject: The BLM has adopted 115 Colorado State Laws without a cession of jurisdiction by the state
Mckenna and Jay, hello. I have not heard any follow-up from the Boebert Team since reporting to you in August 2022 (below), that the BLM has illegally adopted (assimilated) 115 state laws in Colorado.
As our western slope federal elected representative, it’s my understanding (according to our DA and your website), that such issues on federal lands are yours to address. In 2021/22 I filed complaints with the BLM State Directors (CO and UT), CO lead BLM law enforcement officer, Mesa County Sheriff, Mesa County DA, State Representatives, and State Attorney General Phil Wieser. No one has answered the question/s of how this is legal and since it is well documented in federal jurisdiction reports and Congressional Acts that it’s not legal, I am asking you for your help. (See email/complaint details below).
Please be aware if we don’t address this we are allowing federal bureaucratic agencies to unilaterally form federal enclaves on our federal lands within our state, without a constitutional cession of jurisdiction by the state. This BLM action is not disclosed in MOUs between our County Sheriffs and the BLM nor is it disclosed on any BLM website. In this case, specifically, the BLM is assimilating (adopting) 115 state laws, illegally enforcing them, and then illegally prosecuting them in federal court.
Thank you for your attention to this matter and for addressing federal overreach and standing up for the Constitution and the rule of law.
XXXXXXXXXXXX
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Sent: Wednesday, September 28, 2022 4:59 PM
To: XXXXXXXXXX
Subject: FW: The BLM has adopted 115 Colorado State Laws without a cession of jurisdiction by the state
From: Farley, McKenna <[email protected]>
Sent: Tuesday, August 23, 2022 9:33 AM
To: XXXXXXX
Subject: RE: The BLM has adopted 115 Colorado State Laws without a cession of jurisdiction by the state
Thank you XXXXX. I just wanted to let you know that this was received and out team and myself is still reviewing to see what if any actions we can take.Thank you,
McKenna Farley
Western Colorado Field Representative
US Congresswoman Lauren Boebert (CO-03)
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Below is my complaint to the Colorado BLM Director, the 5 attached documents were included. The Assimilative Crimes Act only applies when the federal government has obtained a cession of jurisdiction by the state, please see the attached DOJ Resource Manual 1630 18 USC 7. I’m glad to share other reports/docs that clarify this. When the federal govt has received a cession of concurrent or exclusive jurisdiction by the state the federal enclave laws are activated (ACA). This is why Rocky Mtn National Park and the Colorado National Monument are federal enclaves.
97.2% of Colorado’s’ federal lands are held in a Proprietorial Interest Only (proprietary jurisdiction), and are not subject to federal enclave laws / ACA.
Also see attached 40 USC 3112, since 1940 when Congress passed RS 355 (attached), the documented state cession of jurisdiction and federal acceptance process is required by federal law. This means they can’t unilaterally take a state jurisdiction. Once a cession of jurisdiction has occurred only an act of Congress can reverse the cession, this is called a retrocession.Thank you! Please confirm receipt.
XXXXXXXXX
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Actual Complaint Filed with BLM Director for the State of Colorado in 2022
From: xxxxxxxx
Sent: Tuesday, March 8, 2022 2:04 PM
To: ‘StateDirector, BLM_CO’ <[email protected]>
Subject: The BLM has adopted 115 Colorado State Laws without a cession of jurisdiction by the state
Ms. Lavery, I have attached 5 documents to this email and 2 federal jurisdiction reports are linked in the text below.
Attached is a list of 115 Colorado state laws (obtained thru FOIA), that the Bureau of Land Management (BLM) has assimilated/adopted and is now able to enforce and prosecute as a federal crime on Colorado BLM lands.
Research shows that the BLM obtaining a state’s legislative jurisdiction is solely provided thru a cession of jurisdiction by the state- defined in the Enclave Clause of the Constitution- Article 1, Section 8, Clause 17. The assimilation process is also defined in the Assimilative Crimes Act, 18 USC § 13. Many examples of this constitutional cession process are available today- national parks, national monuments, etc. The Colorado National Monument went thru this constitutional/federal statute-guided cession and federal acceptance process in 1983/1984– link.
Since 1940 and passage of 40 USC § 255, 40 USC § 355, 40 USC § 3112 (attached) by Congress the requirement for a state cession of legislative jurisdiction and the recorded acceptance by the federal government is well defined. In the case of the vast majority of BLM federal lands, they are held in a Proprietorial Interest Only (aka proprietary jurisdiction) by the federal government. There appears to be little doubt that the BLM would need a cession of concurrent or partial jurisdiction by the Colorado State Legislature to assimilate state laws and prosecute them as a federal crimes.
It appears that by using 43 C.F.R § 8341.1(d) the BLM may be taking an unconstitutional / legally questionable unilateral action to adopt/assimilate Colorado states’ laws without a cession of jurisdiction (exclusive, concurrent, or partial) by the state and is adopting the state’s legislative jurisdiction pertaining to these 115 state laws. This unilateral action by the federal government is forbidden according to several linked historical federal jurisdiction reports referenced below:
1957 GSA federal report titled, Part II Interdepartmental Committee for the Study of Jurisdiction over Federal Areas within the States, Chapter 3 (Acquisition of Legislative Jurisdiction), Page 46 it defines the following: “Constitutional consent –The Constitution gives express recognition to but one means of Federal acquisition of legislative jurisdiction– by State consent under article I, section 8, clause 17…. No federal legislative jurisdiction without consent, cession, or reservation. It scarcely needs to be said that unless there has been a transfer of jurisdiction (1) pursuant to clause 17 by a Federal acquisition of land with State consent, or (2) by cession from the State to the Federal Government, or (3) unless the Federal Government has reserved jurisdiction upon the admission of the State, the Federal Government possesses no legislative jurisdiction over any area within a State.”
In the 1956 federal GSA report on this website, titled, Part I, Interdepartmental Committee for the Study of Jurisdiction Over Federal Areas within the States, Chapter III, Page 13 declares: ” The term Exclusive legislative jurisdiction as used in this report refers to the power “to exercise exclusive legislation” granted to Congress by article I, section 8, clause 17, of the Constitution, and to the like power, which may be acquired by the United States through cession by a State, or by a reservation made by the United States through cession by a State, or by a reservation made by the United States in connection with the admission of a State into the Union.”
In the 1957 federal GSA report, titled, Part II, Interdepartmental Committee for the Study of Jurisdiction Over Federal Areas within the States, Ch. 3 (Acquisition of Legislative Jurisdiction), Pages 47-48 declare: “NECESSITY OF STATE ASSENT TO TRANSFER OF JURISDICTION TO FEDERAL GOVERNMENT: Constitutional consent.–The Federal Government cannot, by unilateral action on its part, acquire legislative jurisdiction over any area within the exterior boundaries of a State. Article I, section 8, clause 17, of the Constitution, provides that legislative jurisdiction may be transferred pursuant to its terms, only with the consent of the legislature of the State in which is located the area subject to the jurisdictional transfer. As was indicated in Chapter II, the consent requirement of Article I, Section 8, Clause 17, as intended by the framers of the Constitution to preserve the States’ jurisdictional integrity against Federal encroachment.”
In closing, I would like to summarize that with the BLM unilaterally adopting/assimilating 115 Colorado state laws without a cession of jurisdiction by the State that it appears to be 3 possible violations:
- Possible Violation of the Enclave Clause of the US Constitution Art 1, Section 8, Clause 17
- Possible Violation of 40 USC 255, 40 USC § 355, 40 USC § 3112 (current)
- Possible Violation of the Assimilative Crimes Act, 18 USC 13
If I am incorrect, please provide the documentation that shows how this unilateral action by the BLM in Colorado is constitutional/legal. I cannot find it and have researched the topic extensively. The Property Clause permits the federal government to make needs rules and regulations on federal lands but obtaining a state’s legislative jurisdiction is reserved exclusively for the Enclave Clause and backed by the referenced federal statutes and reports.
Thanks for your attention to this matter. Please confirm receipt. Respectfully,
XXXXXXXXX
From: StateDirector, BLM_CO <[email protected]>
Sent: Thursday, February 24, 2022 12:57 PM
To: xxxxxxxxx>
Subject: RE: [EXTERNAL] BLM constitutional complaint
Hello xxxxxxx,
You may reply to this email with your complaint and I will ensure it gets to the State Director. Thank you!
Renee Lavery
Executive Assistant
Office of the Colorado State Director
Bureau of Land Management, DOI
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The Following BLM Complaint was filed with the Colorado Attorney General Phil Weiser in 2022, the complaint has not been responded to as of 6.3.23.
Sent: Thursday, April 28, 2022 10:35 AM
To: [email protected]
Subject: The BLM has adopted 115 Colorado State Laws without a cession of jurisdiction by the state
Attorney General Phil Weiser, My email below and the 5 attached documents are a copy of the complaint I submitted to the Bureau of Land Management (Colorado) on March 8, 2022. I do not expect the BLM to reply to my complaint, but I am hoping you as the AG of Colorado will pursue legal action against the BLM. The BLM’s actions of unilaterally assimilating/adopting 115 Colorado State laws without a cession of jurisdiction by our state legislature and prosecuting them as federal crimes is a probable violation of:
- Violation of the Enclave Clause of the US Constitution Art 1, Section 8, Clause 17
- Violation of 40 USC 255, 40 USC § 355, 40 USC § 3112 (current)
- Violation of the Assimilative Crimes Act, 18 USC 13
I did try and submit this on your website (twice) but was not able to get a confirmation # or email receipt that it was received. The website also does not accept attachments. This meets the definition on your website of the following:
Governmental Authority
Following the enactment of Senate Bill 20-217 (C.R.S. § 24-31-113), the Colorado Attorney General has authority to pursue civil actions when there is reasonable cause to believe that a governmental authority has engaged in a pattern or practice that deprives persons of rights protected by the constitution or laws of the United States or the State of Colorado.
I called your office and they gave me this email address. Can you please confirm receipt of this complaint and give me a confirmation number and let me know the next steps. I look forward to helping however I can. Thank you very much.
XXXXXXXXXX
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Sent: Tuesday, March 8, 2022 2:04 PM
To: ‘StateDirector, BLM_CO’ <[email protected]>
Subject: The BLM has adopted 115 Colorado State Laws without a cession of jurisdiction by the state
Ms. Lavery, I have attached 5 documents to this email and 2 federal jurisdiction reports are linked in the text below.
Attached is a list of 115 Colorado state laws (obtained thru FOIA), that the Bureau of Land Management (BLM) has assimilated/adopted and is now able to enforce and prosecute as a federal crime on Colorado BLM lands.
……………………………………………..see BLM complaint above (same)