Liberty Matters News Service

August 25, 1997

Volume I Issue 15

Rep. George Miller (D-CA) introduced H.R. 2351, the "Endangered Species Recovery Act of 1997" together with 53 cosponsors "to protect our rights to the medicinal, agricultural, economic and spiritual benefits derived from a healthy environment." The real kicker in the bill is the performance bond the landowner must file with the Secretary before the government will issue a permit. In return for "permission" to use his own land, the landowner will receive deferred estate taxes, tax deductions and tax credits. If non-compliance of the permit occurs, the bond is forfeited and the IRS could potentially take your land for non-payment of taxes that were deferred under the scam of saving endangered species, leaving your land to the critters instead of your grandchildren. FaxBack Doc. 160.

(The Relief Report 7/31) Breaking a commitment he made to property rights advocates earlier this year, Senator Dirk Kempthorne (R-ID) recently decided against offering a property rights protection bill and instead introduced the "Conservation Incentives Act of 1997" (S.901). Senator Kempthorne argues that S. 901 would "benefit private landowners of critical habitat for endangered species" through tax credits, capital gains tax reductions, or deferral of all estate taxes. Once property owners accept tax credits for nature set asides, it would be virtually impossible for them (or their heirs) to withdraw. Landowners who choose to do so would be liable not only for repayment of any tax credits, but would be assessed penalties and interest making the IRS yet another federal agency charged with enforcing federal environmental dictates. FaxBack Doc. 166

The U.S. Senate threw cold water on the negotiating session for the Climate Change Treaty in Bonn, Germany this past week. A Senate Resolution, adopted days before the session began expressed that (1) all member nations be equally bound by any emission reduction requirements contained in the agreement, and (2) that there be no adverse economic impact on the U.S. According to the Argonne National Laboratory study for the U.S. Department of Energy, "the proposals being negotiated would adversely impact 70 percent of the American economy and 1.8 million manufacturing jobs." Raul Estrada, chairman of the 166 member nations Third Conference of the Parties said: "the resolution is an internal matter between the U.S. Senate and the Executive Branch; it is of no consequence to these negotiations." FaxBack Doc. 165.

Although the public outcry against the American Heritage Rivers Initiative (AHRI) has been ringing loud and clear for the past several months, President Clinton has offered no sign he will back off the controversial land grab. He is expected to implement the plan after the August 20th deadline. The administration has been working behind the scenes to garner support. In many circles, it has worked. At the June, 1997 Annual Conference of Mayors, there was a unanimous vote to support the initiative. HR 1842 by Helen Chenoweth prevents the president from using funds for AHRI. At the local level, communities are passing resolutions prohibiting their local governments from signing on. For a copy of the resolution order FaxBack Doc.153. HR 1842 is FaxBack Doc. 131.

Take your pick. There are nine property rights bills either filed or being proposed in the halls of Congress. Some actually have property rights protections, but others are just window dressing. Liberty Matters will be reporting more on these, but remember, politics and legislation are the art of compromise. When it comes to property rights, there should be no compromise. FaxBack Doc’s: Summary of bills # 167: S709 (Hagel) # 120; S781 (Hatch) # 163; S953 (Shelby) # 162; HR95 (Solomon) # 56; HR992 (Smith) # 164; HR1534 (Gallegly) # 121.