Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 1 of 21

2
J

4
5

6
7
8
9

l0
1l

IGNACIA S. MORENO
Assistant Attorney General
TERRY M. PETRIE, Afforney
STEPHEN R. TERRELL, Attorney
United States Department of Justice
Environment and Natural Resources Division
Natural Resources Section
999 18th Street, South Terrace, Suite 370
Denver, CO 80202
Telephone: (303)844-1369
Facsimile: (303) 844-1350
Teny.Petrie@usdoj.gov
Stephen. Tenell@usdoj. gov
DANIEL G. BOGDEN
United States Attorney\
NADIA AHMED

l2

Special Assistant United States Attorney

333 Las Vegas Blvd. South, Suite 5000
Las Vegas, NV 89101

l3

Telephone: (702)388-6336

t4

l5

Facsimile:

(702) 388-6698

ATTORNEYS FOR THE UNITED STATES

l6
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

l7
l8
r9
20

LTNITED STATES OF AMERICA,

Plaintiff,
No.

2I

2:

2-gv-804-LDG-GWF

v.
22
23

24

DECLARATION BY
GARY WARSHEFSKI

CLIVEN BUNDY,
Defendant.

25

26

DECLARATION BY GARY WARSHEFSKI

27
28

I, Gary W. Warshefski, do declare as follows:

U.S. Mot. Summ. J. - Ex. 3 - Warshefski Dec. - Page 1 of 9

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 2 of 21

I have personal knowledge of the matters set forth in this declaration.

2
3

l.

I am the Deputy Superintendent for the United States Department of the Interior, National
Park Service (NPS) at Lake Mead National Recreation Area, (Lake Mead NRA or Park). I

have served in this position since June of 2001.

I have worked for the NPS since 1976. Lake

Mead NRA includes 1.5 million acres of national park lands within the states of Nevada and

7
8

Arizona,including 300,000 surface acres of water and provides recreational experiences for

over 7

l0

million park visitors annually. As the Deputy Superintendent, I provide park

operational leadership and management for over 300 employees and 1200 volunteers in a

11

wide range of functional areas including law enforcement, emergency medical services,

I2

search and rescue, wildland and structural fire, communication and dispatch services, visitor

13

t4

services and education, fee management, cultural and resources management, commercial

15

services, maintenance and engineering, planning and project management, public affairs, and

t6

business operations.

t7
18

19

20
21

22

2.

As the Deputy Superintendent, I oversee the response of NPS staff at Lake Mead NRA to
unauthorized cattle grazingand impacts from such grazing within Lake Mead
area

NRA. The

of Lake Mead NRA currently affected by trespass and stray cattle includes the west side

of Lake
of the Overton Arm of Lake Mead from Echo Bay north to the northem boundary

23

24

Arizona state
Mead NRA and along the east side of the Overton Arm of Lake Mead to the

25

Arm/Gold Butte
line, which is referred to as the Overton Arm/Gold Butte Area (Overton

26

"New Trespass
Area). The Overton Arm/Gold Butte Area corresponds to the area marked as

27

Lands,, and',Former Bunkerville Allotment"

within Lake Mead NRA shown on the map

28

U.S. Mot. Summ. J. - Ex. 3 - Warshefski Dec. - Page 2 of 9

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 3 of 21

attached to this declaration as Attachment

A. All of the federal

land within the New T

Lands and the Former Bunkerville Allotment within Lake Mead NRA is administered by the

NPS pursuant to the statutes and regulations applicable to all units of the National Park

System. Attachment B to this declaration is a more detailed map of the Overton Arm/Gold

Butte Area within Lake Mead NRA showing the New Trespass Lands, the Former
6

Bunkerville Allotment, and significant landmarks within the Park, including Park roads,

beaches, and areas

within Lake Mead.

l0

3.

ll

As part of my responsibilities, I routinely review reports, memos, and oral briefings by the
Lake Mead NRA staff on the presence and impacts from trespass and stray cattle on

t2
resources, visitors and staff, and park operations. As the Deputy Superintendent at Lake

l3
14

Mead NRA, I have dealt with and been responsible for NPS's responses to trespass and stray

l5

cattle within the Overton Arm/Gold Butte Area because cattle are not authorized to be within

t6

that part of the Park, cattle have damaged park resources, cattle have presented a danger to

t7

visitors and NPS staff at Lake Mead NRA, and the response by the NPS to the presence

of

18

cattle has adversely affected Park operations and required the use of NPS resources that

t9

could have been used to provide outdoor recreation opportunities to the public-

20

2l
22
23

24

4.

I first became aware of the presence and impacts of cattle in the Overton Arm/Gold Butte
Area upon my arrival to Lake Mead NRA in June of 2001. I was briefed that trespass and
stray cattle were within the Overton Arm/Gold Butte Area and were known to damage

25

26
27

Arm/Gold
resources. I have personally observed trespass and stray cattle in the Overton

NRA files and

Butte Area. For the purposes of this declaration, I have reviewed Lake Mead

28

U.S. Mot. Summ. J. - Ex. 3 - Warshefski Dec. - Page 3 of 9

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 4 of 21

records and have reviewed the Declarations by Alice Newton (dated December 18,2012;

I
2

Newton Declaration) and Mary Hinson (dated December 5,2012; Hinson Declaration), both

Lake Mead NRA staff, and the Declarations by Mary Jo Rugwell (dated December 17,2012;

Rugwell Declaration) and Lauren Brown (dated December l7 ,2012: Brown Declaration),

both of the United States Department of the Interior, Bureau of Land Management (BLM).

6
7
8
9

l0
l1

t2

5.

The statute creating Lake Mead NRA, l6 U.S.C. $460n-3, allows for grazing within the
Park, subject to such limitations, conditions, or regulations that the Secretary of the Interior
may prescribe, and to the extent that it is not inconsistent with the recreational use or other

primary uses of the Park. Prior to approximately 1998, grazingon federal lands within Lake

l3

Mead NRA was managed under a cooperative agreement between the NPS and the BLM.

t4

Pursuant to that agreement, all authorized grazing within the Overton Arm/Gold Butte Area

15

was conducted under grazingpermits issued by the

t6

BLM on behalf of the NPS for designated

administrative areas referred to as "allotments." The allotments administered by BLM

t7

l8

included public lands (BLM administered federal land) and federal land within Lake Mead

t9

NRA administered by the NPS. Subsequent to the listing of the desert tortoise as a

20

threatened species under the federal Endangered Species Act,

2I

the allotments surrounding Lake Mead NRA and the federal lands within the Overton

22

BLM closed the public lands i

Arm/Gold Butte Area to grazingand non-federal parties purchased and retired all of the

23

24

grazingprivileges within those allotments. (Rugwell Declaration

fltT

3, 10, and I

l.)

Since

25

Butte
1998, the NPS has not separately authorized any grazingwithin the Overton Arm/Gold

26

portion
Area of Lake Mead. Currently, there is no authorized grazingwithin the Nevada

27

Lake Mead NRA, including within the Overton Arm/Gold Butte Area.

of

28

U.S. Mot. Summ. J. - Ex. 3 - Warshefski Dec. - Page 4 of 9

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 5 of 21

6.

Prior to 1994, Cliven Bundy had a permit to graze cattle within the allotment known as the

Bunkerville Allotment (shown as the Former Bunkerville Allotment on the maps attached as

Attachments A and

B). Mr. Bundy's authorization to graze within the Bunkerville

Allotment, including that portion of the Former Bunkerville Allotment within Lake Mead

NRA, was terminated because Mr. Bundy failed to apply for the required permit and pay the

7
8

required fees. Mr. Bundy continued to have cattle within the Former Bunkerville Allotment

and

10

in 1998 was found to be in trespass on federal lands in previous litigation involving Mr.

Bundy and the United States (united States v. cliven Bund)', case No' cv-S-98-531-JBR

ll

(RJJ)). The District Court issued

t2

a Permanent

Injunction against Mr. Bundy from grazing

cattle on federal lands within the Former Bunkerville Allotment.

l3
t4

l5

l6

7.

I have reviewed the records for Lake Mead NRA and found that at no time has Cliven Bundy
requested or received permission or authorization

to graze or have cattle or to erect

t7
18

improvements on or within the New Trespass Lands, except for temporary structures used by

T9

Mr. Bundy to gather and remove his trespassing cattle. The last time that Lake Mead NRA

20

staff granted Mr. Bundy permission to have temporary structures to hold his trespassing

2t

cattle while he removed them from Lake Mead NRA was during the summer of 2011'

22

is no longer in
Q.{ewton Declaration fl20); that temporary authorization

effect. Currently, Mr.

23

24
25

Bundy has no authorization to graze or have cattle or improvements within the Overton

Arm/Gold Butte Area or any other area of Lake Mead NRA'

26
27
28

U.S. Mot. Summ. J. - Ex. 3 - Warshefski Dec. - Page 5 of 9

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 6 of 21

8.

Subsequent to the 1998 Injunction against Mr. Bundy until the present time, NPS staff,

contractors, and researchers, BLM staff, and visitors to Lake Mead have regularly observed

2
a

Area. Because of extended

trespass and stray cattle within the Overton Arm/Gold Butte

drought, the level of Lake Mead has lowered substantially over the past decade from the most

recent high level in January 2000 to its lowest level in November 2010 as shown on
6

Attachment

B. As the lake level lowered,

trespass and stray cattle have migrated from the

Former Bunkerville Allotment and other areas outside the Park and spread south into the

former lake bed along the Virgin and Muddy Rivers, along the east side of the Overton Arm

l0

of Lake Mead, and into the west side of the Overton Arm, areas of Lake Mead NRA that had

ll

never been authorized

l2

for any grazing. Cliven Bundy is the only person to claim to have

13

cattle or whose cattle have been identified by brands and/or earmarks within the Overton

14

Arm/Gold Butte Area, including both the Former Bunkerville Allotment and the New

l5

Trespass Lands. When cattle with Mr. Bundy's brands or earmarks have been observed,

T6

those cattle have been intermixed with cattle that have no identifiable brands or earmarks.

T7

To the best of my knowledge, Mr. Bundy is the only person to have cattle within the Overton

18

t9

Arm/Gold Butte Area, and therefore, all of the cattle observed by NPS and BLM staff within

20

the New Trespass Lands and the Former Bunkerville Allotment within Lake Mead NRA,

2l

whether or not branded or earmarked, are Mr. Bundy's cattle.

22
ZJ

g.

NpS and BLM staff have documented trespass and stray cattle within the Overton Arm/Gold

24
25

Butte Area of Lake Mead

NRA. I have reviewed and am familiar with the NPS records of

26

the Overton
lands owned by the federal govemmentthat are administered by the NPS within

27

Arm/Gold Butte Area (NPS Lands) and state as follows:

28

U.S. Mot. Summ. J. - Ex. 3 - Warshefski Dec. - Page 6 of 9

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 7 of 21

I
2

a.

The cattle discussed in paragraphs 5, 6, 7,8, and 1 1 of the Hinson Declaration, in

particular the cattle documented with brands andlor earmarks assigned to Cliven Bundy,

were all located on NPS Lands.

b.

The cattle discussed in paragraphs 14,

I7,

18,

2I, 23, 25, and26 of theNewton

Declaration, and as depicted on the maps on Attachments E, I, J, K, and M of the Newton

Declaration, in particular the cattle documented with brands and/or earmarks assigned to

Cliven Bundy, were all located on NPS Lands.

9
10

ll

c.

The cattle depicted as within Lake Mead NRA on the maps attached to the Brown

Declaration as Attachments A, B, C, and E were all located on NPS Lands.

l2
l3
t4

10. Trespass and stray cattle have damaged or destroyed natural and cultural resources

within

l5

Lake Mead NRA (Newton Declaration flfl 12, 13, 15, 16,22, and24). In addition, trespass

I6

and stray cattle present a serious threat to public safety by roaming on public roads, causing

I7

l8
t9

traffrc accidents, and threatening people in the Park (Hinson Declaration flfl 6,7, and 8). In
people
the past, parts of the Park were closed because of attacks of trespass or stray cattle on

20

in the park. Because responding to trespass and stray cattle requires the NPS to re-direct

2l

staff and resources from other needed functions in the Park, the cattle have a significant

22

person to have cattle

adverse affect on Park operations. Because Cliven Bundy is the only

23

to
within Lake Mead, I believe that damage to natural and cultural resources, the threats

24
25

cattle'
public safety, and the affect on Park operations can be attributed to Mr. Bundy's

26
27
28

U.S. Mot. Summ. J. - Ex. 3 - Warshefski Dec. - Page 7 of 9

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 8 of 21

11. Lake Mead

NRA staff have had interaction with Cliven Bundy or people who work for or

with Mr. Bundy including as described in the Declarations by Alice Newton and Mary

Hinson (Newton Declaration fl20; Hinson Declaration fll| 4,5,11, and

l2). ln addition, I

corresponded on behalf of the NPS with Mr. Bundy regarding his trespass cattle as follows:

a.

On November 10, 2011,I sent a letter to Mr. Bundy stating that his cattle were

trespassing on federal land within Lake Mead

NRA and that the trespassing cattle

were damaging natural and cultural resources and threatening public health and

l0

safety. I also informed Mr. Bundy that his cattle would be subject to impoundment

ll

he did not remove them from Lake Mead

NRA. At true

if

and correct copy of the letter

t2
that I sent to Mr. Bundy is attached to this declaration as Attachment C.
13

l4
15

b.

t6

By letter dated January 4,2012, Mr. Bundy sent a response to my letter indicating
that he was aware that his livestock were in Lake Mead NRA and stating that he had

l7

removed 165 head of cattle from the west side of Lake Mead and 36 head of cattle

l8
from the Gold Butte area. He also acknowledged that he could have more cattle on

19

20

the west side around Overton Beach area and the he would "put effort into removing

2l

those

22

Bundy is attached to this declaration as Attachment D.

cattle." A true and correct copy of the letter that the NPS received from Mr.

23

24

c.

On March

5,20I2,I

responded to Mr. Bundy's letter by another letter that informed

25

26
27

Mr. Bundy that he still had trespassing cattle within Lake Mead NRA and that he
his
should remove all his cattle immediately. Again, I informed Mr' Bundy that

28

U.S. Mot. Summ. J. - Ex. 3 - Warshefski Dec. - Page 8 of 9

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 9 of 21

trespassing cattle were subject to impoundment by the

NPS. A true and correct copy

of the March 5,2012letter is attached to this declaration as Attachment E.

2
J

12. Unless removed, trespass and stray cattle

within Lake Mead NRA will continue to cause

damage to natural and cultural resources within the Park,

will continue to present

a risk to

the health and safety of visitors and NPS staff, and will continue to require staff time and

resources that could otherwise be used to provide the recreational opportunities that

Congress envisioned when

it created Lake Mead NRA.

10

1l

Pursuant to 28 U.S.C . S 1746,I declare under penalty of perjury under the laws of the United
States that the foregoing is true and correct to the best of my knowledge.

l2
13

Signed

,1rir?/au, ot

hr^

,2012 atBoulder City, Nevada.

I4

l5
16

t7
18

r9
20

2l
22
23

24
25

26
27
28

U.S. Mot. Summ. J. - Ex. 3 - Warshefski Dec. - Page 9 of 9

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 10 of 21

ATTACHMENTATODECLARATIONBYGARYWARSHEFSKI
UnitedStatesv.Bundy,No.2:12cv804LDGGWF

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 11 of 21

Bundy Cattle
Trespass Overview
"

"

Mesquite

Bunkerville

170

168

Moapa
Glendale

er

ld

"

Riv

Go

"

gin
Vir

Bu

tte
Ro
ad

er
Riv
dy

Moapa Indian
Reservation

d
Mu

Desert National
Wildlife Refuge

Overton
"

er
sh
Fi

an

"

ov

604

ley

Of
Fi

r e Ro ad

Bureau of Indian Affairs

City Location

Bureau of Land Management

NHD Hydrology

Bureau of Reclamation

eac
ton B
Over

Valley of Fire
State Park

d
h Roa

City of Las Vegas

Major Road

15

V al

New Trespass Land

93

Former Bunkerville Grazing Allotment Land Status

Logandale
eR
oa

"

Legend

M u d W as h R

oad

Interstate

Clark County, NV

US Highway

Department of Defense

State Highway

Department of Energy

County Highway

Fish and Wildlife Service

Arterial

Forest Service

Collector

National Park Service

Local

Nevada State

Back Country Byway

Private

Resource

Lake Mead

Restricted

r
ge
Ro
as
sW
h

Decatur Blvd

Nellis Small
Arms Range

ho
nc
Ra
ive

Dr

Charleston Blvd

North Las Vegas

No

147

Fr
ee Las Vegas
m
" on
tS
tre
et

s
La

rH
de
ul
Bo

re
r thsho

ga
Ve

as
sW

146

ay

160

Ro

ad

166

Prepared for
United States of America
v. Bundy
No. 12-cv-804
Not intended for any other use
2.5

10 Miles

Lake Mead

h
ig

"
)

il

Duck Creek
215

rin gs T ra

Lake Mead
NRA

Nellis Air
Force Base

"

i t te r Sp

Henderson

"

215

93

"

Boulder City

Ex. 3 - Warshefski Dec. Att. A - Page 1 of 1

U.S. DEPARTMENTOFTHEINTERIOR
BUREAU OF LAND MANAGEMENT

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 12 of 21

ATTACHMENT B TO DECLARATION BY GARY WARSHEFSKI

United States v. Bundy, No. 2:12cv804LDGGWF

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 13 of 21

Little Virgin Peak 1077m

Ri v e r

National Park Service

U.S. Department of the Interior

R
St

es
cc
rA

Rd
4A

S ou

Note: Lake level data based on

U.S. Bureau of Reclamation
sonar and LIDAR data. Full pool
for Lake Mead is 1221' elevation.
Most recent high water is 1214' in
Jan 2000. Most recent low water
is 1082' in Nov 2010.

th

Overton Beach

h
Overton Beac

Rd

Ann Margeret
Beach

Elephant Rock 566m

Seven Sisters 591m

ve

St.
Thomas
Site

09

ws

AR
11

re R

White Domes
Rd

1
AR

O
ld

sh o

Th

th
Nor

Valley of Fire
State Park

Ri

0
11
R
A

Silica Dome 681m

Co
v

Nar
ro
om
as

iv
er

4
11
AR

n
Sa

ne
Mi

Rd

Not intended for

any other use

Black Butte 820m

f
luf
d B Rd
Re ring
Sp

169

Rd

's

Mormon Mesa 577m

an

es

11
1

AR
11
3

cc

er
m

AR

Fi
sh

rA

AR
11
2

9
16

iv
e

Vir gi
n

SR

in

dy
dy

Prepared by the United

States for United States
vs.
Bundy
No. 12-cv-804

Vi
rg

ud
M
ud

Attachment B
Gary Warshefski
Declaration

sR
d

Virgin River West Rd AR112A

Overton

Overton Mesa 487m

Lake Mead National Recreation Area

Arizona/Nevada

169

Fire C
ov

e Rd

Beehive Rock 783m

Saint Thomas Salt 380m

Legend

ownership
currently
being
resolved

No

rth

sh
o

re

Blue Point 639m

Rd

AR 106

Rd

Ste
w
AR

10

New Trespass Land

art
sP

oin

Former Bunkerville
Grazing Allotment
Lake Mead NRA
Boundary

3
!

Kline Hole

State Boundary

Glory Hole

Lake Mead - 1090' elev

Lake Mead - 1220' elev
!

Lime Cove

Roads
Ec
h

US route

oB

ay

Secondary highway

Rd

Major road
Local road
Echo Bay

Maintained unpaved road

sh Rd
Echo Wa

tte
Bi

p
rS

rin

R
gs

4WD road

Ownership
Gold Butte 1529m

Based on BLM land status data from

2012.

Bureau of Land
Management
Bureau of Reclamation

ash Rd
W
w
la
c
Cat

Echo Hills 840m

Catclaw Wash
Rd

National Park Service

Nevada State

AR 122

Non-federal Lands

us

eC
ov

eR

Mineral Buttes 1078m

Bo
a

t ho

Garrett Butte 1164m

Rattlesnake Peak 1473m

Pyramid Peak 886m

Saddle Mountain 703m

Guardian Peak 813m

k
La

L a k e

e
sid

Ba

R
ys

1
AR

21

Bonelli Peak 1601m

M e a d

1:100,000
on
nl

6
Rd
11
rry
AR
Fe

a
Sc

Arch Mountain 1001m

2 Miles

Ex. 3 - Warshefski Dec. Att. B - Page 1 of 1

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 14 of 21

ATTACHMENTCTODECLARATIONBYGARYWARSHEFSKI
UnitedStatesv.Bundy,No.2:12cv804LDGGWF

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 15 of 21

kqP,~~

y'~ \~~

I ~`

~,
a~ ^~~

[united ~fia.t~s L~cpartrn~nt o~'~h~ in~~~io~

.~,

~,,
~~.

NAIid1NA4 J

~RU~~;
~~,~~,

I~.ri(:e R4~.<icl ~aticvi~~l 12e4reat~rnx ~irc.~i

6!} I Tfava~clz~ th'tiv
t;aul~cr 'its, tvV 89t.)t)5

r~ ui E>i ~~ ~~ r i ~t r~r

tit,%i~IS(8:3fi1)
Nt~ti'erT~hct' I fj. ?C)~ 1
Vlr. C."?i~-~rt~ ~). ~~ir~dv
I'.t}. [3c?~ 7175
13uslkervili, NV f~t~{.f()~
IZe:

~I'res~Gzss t~~t G~itti~ iii I~akc: 1~1c~zci I~aYian~l }~ecre~tic}r~ ~t~~~~ {I.,<~k~ n%le~~r~ NR~,)

I)e:~r M~. ~3urlcl~~:

I z~z-n ~~~ritil~~ yc7u tc~ int~~rC1~ v~~u that }~c~~tr ~:~ttlt~ ~~~c:. ites~~assin~; c>n fi:~l~r~il lar~~i ~4itl~in I;akc: ?~~1~x~d
NR,h. ftc;ce;ni ~;uz~~~:~~w hu~~; in~li4;~ie;c~ tl~~~t there sire c~v~r 2()t) ~raxin~ #~~~ic~ of ratt~c: thrc~u~h gut
11~e ()~r~rtc~r~ Arm <zt~e.a ~~i~ I..<a~e Ntcai~ i~l~t.~. Apprc7~in~ately ~(?`/o of thc~~~: c~lt1~. tl~lvc ~~i~~mu~rks
arzci!t.~r h~~inds re~istc~re:ci tc~ ;,~r.~~.~ n~iit;~t zip; y=c~i~r c~~~~r>Lrwhi~ c~4'th~sc: catt y.
I...,i~~stoc;k rire~ nr3i ~Ilc~~~~d tivitfi ~z [..dkc~ 11~teaci NRA nl~ss in ~c}rafi~rm~cxc~ with :?Er (.MFR ?,(](}. 3(;
C'E~~t ?.hO~~i) ar~d (b} ~r~>hibi~ 11~e r~~r~nitr~;~~it.-lai~~e, he~~dic~~, tiri~ir~~; a~:rfs,:~llc~~~ir~~ ~t~, ~~stu~ii~g
cat' ~;razir~~ c~{'liw~est~~c:k t~f`~n~~ kind ita a p~z~~k ~tr~:~l ~ arc?~~ihit~-cl ex~:~pt t~r~ae-r ~~rtairt c:.c~n~it cans
and ~~.~rsu~int tc~ t(it tcrrns a~~~ cc~rz~itioets t~f`a license, ~strn~it car 1~~se. C`urr~ntly, thcr~:, is rlc}t
:~ut}~<~~irG~t i~t~ I<~r any Ise-~~tuck, in~lt~~in~~ y~c~1~~~;4 tc~ be in tEli.s are~~ at` I..~ik~. I~~Je~~ NFt~1. Y~>~~r la5t
~~t:itl~c~iz.a~ic~rl tee ~;ttar.e cattle t~~it~~in i._,~tk~: '~~1e:ad NIZr"~, c:y~~ tkle st~~~tll ~a~t of the )a.r~;e~ F3tEnkerti~ill~
/lll~~t~~~er~t twl7ici~ w~is lt~c~s~tec~ can ec~~:r~.l puhli~: la~~cis) ~tl~~~~a~~:~l h~~ the E3~ire~~t~ of` t.~~~~r~l
N1a~ia~;tnict~t (I.~~(,R'I}~ te.rnii~~aa.t~r~ in lanta~r}~, lt)9. in ai~lc~itii~nj sin~:L 1~~~K, ~~t~ l~,art~~ ~l~e~~n
E~~t~man~ntly ~~rc~l~ih t~cl (b~~ a t<~cier~i! Gc~urt ~~rci~.r} #rrn runlin~ ~~:ittic i~~ the fi~rftl~~r E3t~n~cr`~illc:
allotr~zat G~~~:a. 5iti~.G t}~en, t1~e r~trt~~E?~r of~rc}ur tr~s~~~~4in~, c~~~ttl~ i~~it(iin the I..ak~ w~~.~sd :"~Ei.~'t his
~,~rtr~~,~~~, anci nii~,t'at~ci cJ~>v~i~ ih~ ()v~rtc~r~ Anti ~u~e~z t~(`th~: 1.,4ike ~~!fe~~d3 N[txt, aln~~~st ?t) mil~;s inside
the Purl:_ I3I.,i~~t ~ia~ rec~ntl~~ rrit~fiG ~jc~~.~ it~~~~r~~ c~~'~`t~ur t~~tt~~ tre~~~ssi~t~ ti~ithin tl~+~: [3unk4r~,~ille
~illt~~iaa~nt and t:~tla~~ public 1~~~~1~, but. y~~}ts h~v~ fi~il~c~ tc> tike ax~y ~ict~i~~~ tip ~~e~~uve the c~~ttl~,o
F3~;~ this l~ttc:r. I aril nc>tityin~; }~c~u that y't>~~c catty: ~ir~; tres~z~~ssit~~, tin keci~ral 1~a~3c{ ~vitJ~in I.~i~:~:
A~t~,~d NR.:'~, I~c~ca~xs~ yc~u 1~~~~e tic~ airthc7rir.ation tE~ hive c<ttEl~. ~~iihin I ~~ke Uf~ad NRf'~, vE~u are
~iihj~c~t tc~ i}~~: ~e:nx~ltic~s set fi~rii~ rig 3t'~ t'h`[~ l.~ t~fr t}aiw cz~~c~in~ C;resp~~~,s.
1'r~~ir tres~~assn~ c:atil~ ~~r~ cit~ta7a~t1~ n~ttur<:~1 aT7cJ cultural rt~st~tirti:~ i~~ ~..~~:k.e ~9e~lcf NitA,

r~: c~~i~-c~:s tk~at ('~,r1~ae~ 5 leis n~at~c3ated that the N~tic~n4~l f'<~rk ~SCt~~~ic-e ~~~c~t~ct. "~~hc tr~5}~as~;iti
c~til~~ tlta 4tten ~sut?lic Safr:t}~ ciu~ tc~ ~ntcr~ tic~~~s with ~is tars anef their ~re~ei~ce. can ~uhlic r-a~ad.
~~itElin I.~ik~ h1c.~zc~ NR~:, Thy ~ait14 ~~l:~c? ~ ~s~: a public; l~G~~ItI~ rack t~ ~:au:~e of the l~ir~:ap~~c~i~nt cli'
~3~t~tr-~~ue: that iti n<7z4~ iti thl ~~~rk, iclGbc~in~ Gir~cis tEiat h~~~~~ bc~n ccr~,ter~<!, ~tt~ci ~t~ay~ he c~~tie~ed
a~ejir~, E~} tric: ~~~rttct~+ c~~'l.,ak~. ~~1e:~~~i. ~Ne cam~~~t ~ila~~ fl~i:> situ~itinn tc7 cc>3Zt.i~t~~:.

Ex. 3 - Warshefski Dec. Att. C - Page 1 of 2

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 16 of 21

f'tu~stzanl tc~ 3(i ~'I~ fit. ?.~~(:l, i ~~rr~ r~questin~ Chat ~~c>~~ r~i~3t~v~; a(i c7t'yt~o~r catty tlt~~t ~res ~~iil~ir~ Fake.
i~~ead NIZA w~it~in C~(} ~aF~ti i~f t}3~ c1~3t~. ~~#'t~l~i5 leCt~:r. in th~~ ~:r-e~~t thstt ~~c~t~ t~~il ~~~~ r~m~7vc~ ~(1 ~~i'
~~c~i~r cattle tia~it arc yuitl~irl t.~a4~e !1!l~;~ci Nlt~l, il~~ Naiic~n~~l Park 5~:~vicr~zn~~~~ it~pc~t~z~~i ti~~r ~:~~tle
aricl cli;~~c?se t~i~tl~e cattle in ac.cc.7rc1u~rlce ti~ith 3G {.'f=it ?.fi{}(c)..r~lft~r impc~ui~c~mer~k. ~~c~~~ i1~a~
r~cl~:e:ri~ your cattle ~iy 4u'btx~ittin~ ~rc~~7f~r~l~<~~~-~1~~ship ~it~c~ ~St~~ittc afl ~;x~~r~ses c~f~thG ~,~tiit~~!
4t~~t~~; 1cit~ cGi~~turin~, sn~.i~ert~.sirt~, ~?asturiEl~,. fc~cl~~~~,, it~~E~~~uttc iil~ ~tncl the arnc~ta~~t cif ~3ai7i,.~~Y~ tc}
~uhli~: prc>pertti' i.njurec~ r d~str~}y~~~ a~ a ri~~~zlt ~~fth~: t~'~;pa5:~. 1a~ ~~3c~iti<.~t~. 4h~ Natic~r~~l l~'~trl;
;4erwic~ r~Zay ta~:e; ~idc~itc~laE (~~tzl sactr~ t~~ G~ciclr~:.~s yi7r.3r c>n ~c~it7~ tres~~~ss,
~'c ~~il! ri~akc ~ve~~~ elfiFrt tt~ ti~c~r~ ti~~iil~ ;~c~u tc> r~r~7t~vc yc~ux tresp~7~~i~a~ c~att~c, 1 it~~vt:~4r, it is
~r~~~~r t~~~~c~nsi~~ity. W~ ~~i14 r~cjt~ic tl~4~t. ~,~o~z e~~nlni~~r~icr~t~: ani:l c~~c}r~.3ixlat~ ~~~ith k~s ~~c~~~~~ rlat~s t~~
c;c~n~~~l~ ~v~ith this rec~u~yt icy limit fui~tt~~:r r~st~urGC c~an~a~~ a~ld vi~itc~r satety~ ar1r~ health is:~~s~s
th~c~~i~h ~h~t rerxtt~~~.~1 ca ~y~~~e~r trr,sp~z~+sitl~ ~.a.ttic~. Yrkr~~ p~xirf~ c>i"~.or~t~~.ct or c:~~c~rc~i~a.~t~c~~,~ ~~t~l
apprc~~~~( c7f re:nmval flan u~ota rec~i~t t~t~thi;; lette::r is C'hiet" R~n~cr ,~dasn ~clse:ytr, ~hc~ cail 1~
re~~checi ~t {7()2)?~3-~~)fi~:. 1f~k'c7ta tl~is~c; at1~ c~i.a~~st:i~~n~, k~;~i t'r~e ~c, ec~rstac.t C3e~ut~,~ ~u~erittt~nct~r~f

~~%~x~:.et`~~l}~,

~~i1li~

:~
I~ir.~ins~>n
K_
i~ ej 7tcr~t~Lrt

C:'~: (F~~~c~r}~ bind. ~1~sistaa~i f~iel~1 `~ctliciic~r. t)C){

Ru.~~ ~rtarsl~, C'I~ief; C'ri~t~ix~sa! Division. I7{)J
E;lxiiz3~ 7'. ~'cl5tt. C'hi~~; C:'i~~il ~)i~~i~;~c7r7, I)().1
3'at~l C"ra~~~li~rd, ~i~e~i<it r1,~c~rtt, D`E'S
~1,~at~~ Kelsey'. C."hip#'E'~rk Ranks-, I,AK6~.

Ex. 3 - Warshefski Dec. Att. C - Page 2 of 2

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 17 of 21

ATTACHMENTDTODECLARATIONBYGARYWARSHEFSKI
UnitedStatesv.Bundy,No.2:12cv804LDGGWF

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 18 of 21

CLIVEN D. BU1~DY
P.O. Bc>x 717'5
B~nkerville, NV 891107
702-346-564

Dept. of inte~or
Natianai Park S~rvic~
Lake Mead NRA
60y Nevada Way
Bouf~ler City, lVV 890{5

January ~,212

RE: W3415(8361) in reply to trespassing cattle in l.ak~ (V}ead NRA dated 11-10-21}1 i
dear Vl/ifliarn K. C3fcicinson, Superintendent,
GattEe have migrated from my ranch ~aro~ to the west ~lde of lake Mead because of three
fia~tors: 1. The ~Isvation of ~.ake 11~lead, 2, Maintenance of fences on the t~ve~ton Wtldl~fe
Management Area, and 3. Mainten~nr~ of drifit fences betv+ieen my ranch and Gold Butte ~r~a.
~.ake IVi~ad elevatiar~ is rising a~t~i Ove~o~ Wildli~~a M1~tanagem~nt Area h installed new f~n~e~.
These two factors st~o~a~d reduc$ f~~ cattle migration to the west side of Lake Mead.
E~efore the date oaf your letter Nov. 10, 2f311,!removed i65 head of eattte from the wee# side of
Lake Mead acrd 3~ f~~ad of cattle from Geld Butte ar~~. To ray knor~ledge!a>u[d have as many
as 2~ head on the unrest side around the ~vertan each area. i gill put ~f~art into removing
those cattf~.
I want ica thank you and the Park S~rvfce #or being sc~ ~aoperatrve ar~cf b~in~ a good nei+~hk~gr.
StnCe~efy,

.~
f~

,r

;' _

~~'
~

~~_~

,"~Cliven p. Bundy
Enclosed cc for:

,r
~
;tom ,~`

"."

~h~ef Ranger Adam Kelsey

Deputy Superintendent Gary Vilarsi~efski

~:

Ex. 3 - Warshefski Dec. Att. D - Page 1 of 1

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 19 of 21

ATTACHMENTETODECLARATIONBYGARYWARSHEFSKI
UnitedStatesv.Bundy,No.2:12cv804LDGGWF

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 20 of 21

Ex. 3 - Warshefski Dec. Att. E - Page 1 of 2

Case 2:12-cv-00804-LDG-GWF Document 19-4 Filed 12/21/12 Page 21 of 21

Ex. 3 - Warshefski Dec. Att. E - Page 2 of 2