Senator
Jon Tester (D-MT) — who is “F” rated by Gun Owners of America — is
pushing a “hunting” bill that authorizes the Obama administration almost
unlimited power to seize private lands for “environmental” purposes.
Anti-gun Majority Leader Harry Reid has scheduled Tester’s bill for a vote, and it will probably take place on Thursday.
ACTION: It is imperative that gun owners contact their
Senators and ask them to OPPOSE S. 3525. Tell them that the modest
conservation gains allowed in the bill are totally offset by giving
unelected bureaucrats the authority to steal land from hunters and
private property owners.
BACKGROUND
(1) When the “wetlands” provisions of the Clean Water Act were
originally enacted, no one could have foreseen that a landowner would go
to prison for applying clean dirt to a junkyard adjacent to a sewer,
which was determined to be “wetlands.”
Environmentalists have been
brilliant in taking seemingly innocuous programs and massively expanding
them through fraudulent interpretations or tiny loopholes.
(2) S. 3525 has “sweeteners.” It allows archery bows to be
transported through national parks under very limited circumstances,
although Obama could do this by administrative fiat.
It also allows,
but does not mandate, Pittman-Robertson funds to be used for target
ranges. But none of these small discretionary provisions offset the
potential damage this does to the rights of individual landowners.
(3) THE ISSUE OF LOST OPPORTUNITY: If this is the Democrats’ sop to
gun owners, it may make it a lot more difficult to secure national
concealed carry reciprocity or to stop anti-gun measures and treaties.
THE CENTRAL PROBLEM WITH S. 3525
The central problem with the bill is that it allows seizure of
private lands for “aquatic habitats” [Sections 201(8) and 204 (d) (2)].
The definition of this term is limitless and includes seizure of lands
in order to “protec[t] the quality and quantity of water sources” and to
“serv[e] as a buffer protecting the aquatic environment.” [Section 201
(2)]
Thus, a factory that “pollutes” can be seized to protect an “aquatic
habitat.” The only real limit on seizure in Section 204 is the
requirement that the government manage the seized property “in
accordance with the purposes of this subtitle.”
WHO ARE THE DECISION MAKERS?
The National Fish Habitat Board consists of 27 members. The initial
members (Obama appointees) select the remaining members. Thus while the
“commercial fishing industry” supposedly has a representative, you can
bet that that fisherman is an Obama-supporter and will support his
agenda.
The board then enters into “partnerships” with, inter alia, outside
groups. And you can bet that every liberal environmental organization in
the country will now be feeding at this pig sty. The outside groups
recommend fish habitat programs and plans for seizing private lands.
Bottom line: This will give immense powers to unelected bureaucrats
— a clear violation of the Separation of Powers which our Founders
implemented as a way of protecting our rights.
WHAT ABOUT SECTION 211 (e) (2)?
This supposedly requires the consent of landowners prior to having
their lands seized. But, note the sneaky loophole: Section 211 (e) (2)
applies only to property that is being seized with federal funds and,
under Section 204 (e), half the funds need to come from non-federal
sources.
So while this section is put forward as a “protection,” it actually
doesn’t provide total immunity because the government can take a land
owner’s property using non-federal funds — and there is no protection
in the bill against that.
November 17, 2012 – GunOwnersOfAmerica
Source Article from http://www.knowthelies.com/node/8374
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