Liberty Matters News Service

August 9, 1999

Hayworth Amendment Restricts World Heritage Designations

On Thursday, the House approved by a 217-209 vote, an amendment to the Commerce, State and Justice Appropriations bill (HR 2670) preventing the State Department from spending money to "add or maintain any World Heritage sites in the U.S. on the World Heritage in Danger List under the Convention Concerning the Protection of World Cultural and Natural Heritage." The provision would block the State Department from using its staff and resources to perpetuate the United Nation’s push to control historic sites in America. The "In Danger" list forced the closing of the New World Gold Mine in MT outside of Yellowstone National Park. The Everglades are also currently on the list. Faxback Doc. 428  Reese Article

 Clinton’s EO on Federalism Returns

After officially revoking EO 13083, the White House has replaced the order and titled it "Federalism" but has yet to give it a number. The original EO was pulled by the administration after they receive intense pressure from the states and grassroots because the EO virtually erased states rights. In his remarks last week upon signing the new order, Clinton said he had help with the revisions but would not reveal where the help came from. A press release from the White House press office stressed a desire to enhance the partnership between the federal government and the states. However, examination of the new order still reveals many of the problems extant in EO 13083. For example nothing in the EO prevents an agency from enacting any rule desired. They must consult with the states, but are not required to abide by the states’ objections. Faxback Docs. 429, 430, 431 

Decision Leads to ESA Takings Case

A U.S. Federal District judge in Austin, Texas ruled June 7, 1999, that the Fish and Wildlife Service (FWS) denied GDF Realty, Inc. a 10(a) permit under the Endangered Species Act leading to a $60 million Takings suit against FWS. Purcell Investments and GDF Realty spent over five and a half years dealing with FWS trying to obtain a permit to develop their land after they were told they had endangered birds and bugs (that live 30 feet below the surface). GDF submitted seven plans and applications but were told that they were "deficient" because they did not provide adequate buffer area, provide a plan for long term pesticide use and provide mitigation (extortion) for take of the birds. "The Court does not need a crystal ball to know that there is absolutely no chance that these applications, as submitted, will be granted," stated Sam Sparks, U.S. District Judge of the Western District of Austin. "The evidence is overwhelming that FWS never intended to grant the plaintiffs applications…and for some inexplicable reason has intentionally delayed ruling on them. To force the plaintiffs into economic damage by intentionally delaying a ruling…is simply wrong," he continued. The Judge ordered that FWS de facto denied the permit and that the agency could not appeal the decision leading GDF to file their $60 million Takings suit in the U.S. Court of Federal Claims. Faxback Doc. 432

 701 Stalled, but Not Dead

H.R. 701 had been scheduled for mark up in a hearing before the House Resources Committed chaired by Don Young, but was pulled by Young because of problems with the bill. "I have a problem on my side," Young said. "The problem comes down to a fear of purchasing great amounts of land." Young said he has enough support among Democrats to pass a bill now. But, 18 out of the 28 committee Republicans have problems with the bill and unless Young broadens support among them, the Republican leadership will not bring the bill to the floor. The Senate version, S 25 is reported to look even more bleak. Frank Murkowski (R-AK) pulled his bill from the Senate Energy and Natural Resources committee schedule after he lost a core group of Republicans before negotiations had even begun. Five committee Republicans and Senate Budget Committee chairman Pete Domenici (R-NM), stated they are "constrained to oppose any legislation" unless mandatory spending on land purchases is dropped. This is great news, keep up the pressure. We cannot afford to let up now.