Federal Land Seizure Act
Resuscitating Itself from the Dead
“Looks like GOA defeated Goliath. Nice work.”
GOA warned you earlier this month about S. 3525, the Federal Land Seizure Act of 2012.
As you will remember, Senator Jon Tester (D-MT) — who is “F” rated by Gun Owners of America — is pushing this “hunting” bill which authorizes the Obama administration almost unlimited power to seize private lands for “environmental” purposes.
While it purports to the contrary, the bill would allow these seizures without the permission of the landowners for virtually any reason.
You guys delivered a crushing blow to this bill when you pressed your Senators to oppose it. We won, and it appeared the bill was dead for the year.
As one highly placed office in the Senate told GOA: “Looks like GOA defeated Goliath. Nice work.”
Sadly, in politics it’s often the case that a dead “Goliath,” like a Zombie, can come back to life — which is why we need now to cut off its head. S. 3525 could come up for a vote as early as Today.
Please go here to read the details about the details of this nefarious bill in our previous alert.
Tag Archives: Jon Tester
GOA: Senate to vote on the Federal Land Seizure Act on Thursday
Senate to vote on the Federal Land Seizure Act on Thursday
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. Click here to 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(1) When the “wetlands” provisions of the Clean Water Act were originally enacted, no one could have foreseen that a landowner would go to prison for applying clean dirt to a junkyard adjacent to a sewer, which was determined to be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.” But 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.
GOA: 3 Reasons…
Time for a little perspective: It was a bad night for conservatives and liberty-lovers.
On Election Day, Republicans were swept out of office in one race after another – leaving them with tiny minorities in the House and Senate. The gleeful press predicted that this was just the beginning of a demographic shift that would put Democrats in control for the rest of our lifetimes.
Election night, 2012?
No. This was Election Night, 1974.
But rather than being disconsolate and resigned to defeat, conservatives launched a plan.
They built organizations and secured votes around issues that would unite a winning electoral coalition.
Guns. Deregulation. Limited government. National sovereignty. Confronting enemies home and abroad through strength.
In fact, Gun Owners of America emerged from the wreckage of that era.
And, six years later, it was the Democrats’ turn to cry — and to wonder if they would be the permanent minority.
This is the crossroads we are at: We can continue to do business in the sorry way the congressional leadership has done it for the past four years. If we do, we will lose our country – perhaps permanently.
Or we can fight for our values and pitch our issues in ways that will cause a huge majority of the American people to support us.
We are at that crossroads — right now.
3 Reasons Republicans Lost
First, they nominated a candidate who was bad on virtually every major conservative issue – particularly guns – and who then proceeded to run to the left.
Second, they refused to fight for the things they purported to believe, particularly, guns and an end to the anti-gun ObamaCare law. In one important gun vote (concerning registration) in this past Congress — the vote on whether to exempt 4473’s from government seizure under post-9/11 legislation — GOP Leader Mitch McConnell whipped Republicans to vote anti-gun! By contrast, Harry Reid ended the session with a vote on a “pro-gun” bill intended to save endangered Montana Democrat Jon Tester.
Third, Congress refused to use its leverage to force Barack Obama to back down from his unconstitutional ObamaCare and anti-gun agenda. All the House and Senate GOP would have had to do is defund these unconstitutional actions of any “continuing resolution” and refuse to back down. They didn’t.
3 Reasons to be Optimistic
First, the party in power almost always suffers major losses in the sixth year of a presidency. This doesn’t mean we can sit back and wait for history to deliver us a victory, but it does mean that the wind will be to our backs.
Second, we predict that, when it’s finally implemented over the next two years, the anti-gun ObamaCare law will be every bit the nightmare we predicted it would be.
Third, we have elected a scattering of fire-breathers who may be willing to take on their leadership and force votes on guns, ObamaCare, constitutional governance – votes which are not just sops, but which are intended to transform the national debate.
3 Things You Can Do
Second, forward this email to everyone you know.
