Message #391:

From: AzTeC SW Archaeology SIG

To:   Matthias Giessler

Subject: ARPA, Bulldozers And Roads In White Pine County NV

Date: Mon, 22 Dec 1997 20:16:01 -0700

From: Garry Cantley 

Page 8, Ely Daily Times, Ely, Nevada. Monday, November 10, 1997

Carver Wont Pay

Nye County Commission Chairman Dick Carver, a leader in the fight to
gain state control over federal lands, says he wont pay an $82,855 bill for
damage caused when he bulldozed open a road closed by the U.S. Forest
Service. The bill sent to Carver and the county commission is based on what
the federal agency calls a violation of the Archaeological Resource
Protection Act (ARPA). "Tbere's no way Nye County or Dick Carver Will give
them one penny, he said. 'All they're trying to do is pressure me to admit
l goofed and I'm not
going to I do that. The Forest Service was in the process of conducting
archaelogical and environmental impact studies on the Jefferson Canyon
road, an old stage coach route, when Carver
bulldozed it open on July 4, 1994. The incident got national attention as a
symbol of Nevada's Sagebrush Rebellion, the attempt by ranchers and miners
to turn control of federal lands over to states. Carver said the latest
Forest Service Action has set back county-federal relations that he thought
were restored by a recent out-of-court settlement. He threatened to open up
other closed
roads in the future. "We worked so hard to get a goodworking relationship
going and this just blew it," he said. "What they're trying to do is send a
message out to other county elected officials, don't do like Dick Carver
did because we'll prosecute you as an individual." "It's a scare tactic.
Now, dammit, you're not going to scare me off... I told the Forest Service
I'll fire my bulldozer up and open up every damn road in White Pine County
that they've closed. Is that what it's going to take to wake people up?
We're not going to back down." The agreement earlier this year this year
between the Forest Service, Bureau of Land Management and Nye County
resolved a lawsuit over Carver's opening of the road. The federal
government has sued in 1995 after federal and county agents
disagreed about who had the authority to manage the public lands that make
up 93 percent of Nye County. Under terms of the agreement, the federal
government recognized that Nye County and Nevada have 
concurrent jurisdiction over the public lands, with respect to health,
safety and law enforcement matters. But Forest Service District Ranger Tony
Valdes said the archaeological issue remained.
When the Forest Service studies were completed, he said,  archaeological
artifacts were found. In a five-page letter to the Forest Service, Carver
claims the intent of ARPA was to prevent
the removal of artifacts on public lands, not to penalize a county for
reopening a road. He has steadfastly maintained the old stage route is a
county road and the Forest Service has no jurisdiction over it.