He cited the limited powers granted to the federal government, noting the bureau has no “right to assume preemptory police powers, that role being reserved to the States,” and explained “many federal laws require the federal government to seek assistance from local law enforcement whenever the use of force may become necessary.”
The letter included a section of the U.S. Code — 43 U.S.C. Section 1733, Subsection C — stating exactly that point. [Emphasis Stockman's]
“When the Secretary determines that assistance is necessary in enforcing Federal laws and regulations relating to the public lands or their resources he shall offer a contract to appropriate local officials having law enforcement authority within their respective jurisdictions with the view of achieving maximum feasible reliance upon local law enforcement officials in enforcing such laws and regulations.”...The stated purpose of the correspondence is for the Obama administration “to bring the BLM into compliance with 43 U.S.C. section 1733.”
In the case of the Bundy Ranch, he continued, “the relevant local law enforcement officials appear to be the Sheriff of Clark County, Nevada, Douglas C. Gillespie.”
Absent a full investigation into the agency’s actions, he concluded, “the federal government must not only stand down, but remove all federal personnel from anywhere near the Bundy ranch.”
Legislators and law enforcement personnel have stood alongside state militia members and the Bundy family in opposing the excessive force employed by the BLM. Stockman’s letter adds even more weight to the growing sentiment against the federal overreach.