Was he paying the fees to the BLM for grazing rights?
That is what this should really be about, was he right? or was he wrong?
From what I understand he is/was being passive aggressive. He refused to pay the fees because he felt the fees were being miss appropriated and miss used. The Fees weren't being used to administer or maintain the disputed area.
He said his refusals to pay was an act of protest. The Feds can claim anything they want and have the firepower to back up their claims. Joe citizen has little recourse but to be a spoiler.
As far as I know the Indians haven't given up claim to the same land, refused the payoff and have been disputing the Governments claim in federal court since around 1971 through 2006 and are likely still litigating. In other words who does Bundy pay the rent to, the Federal Engorgement of the Shoshone?
I'b be willing to bet, from observation of past record, that they claim Tortoise protection, but within five years, ten at the most, the same land will leased to some mining venture.
I've actually read the treaty, right of passage, right to way stations, mining and mining communities and a Fort. It prohibits homesteading and holding property. Of course in Lawyer speak, it probably doesn't say that, it is just what is written in the treaty.
I was once beaten stupid for trespassing in a State Park (how is this possible?) by County Sheriffs (out of their jurisdiction), hauled off to hospital/jail and my dog abandoned, never to be seen again. I was actually on Federal Lands at the time. The Sherrif's lied (CYA) the Judge sided with them. I stopped paying taxes, sold my business. moved me and what money I had overseas and said Auf Wiedersehen. I could have been proactive or reactive, I decided defense in depth was the better option than going to war ( I was tempted, really really tempted). Bundy decided to fight.
There are now around a hundred Iranians living on my small farm and around the same number of Mexicans on my brothers place. What I'm getting at is, if Bundy wins or looses, that is unlikely to be the end of the story. As often as not upsetting the status-quo is the poorer choice. All the Engorgement (Government) is really concerned with is projecting power so their extortion racket stays intact and making as much money as possible.
Right or wrong, lawful or unlawful may not be the right questions. I keep hoping common sense may someday prevail, I guess I'm a dreamer.