Liberty Matters News Service

July 11, 2000

CARA Markup Now Set for July 18-19

CARA was to be marked-up before the July 4th break, but because of grassroots’ pressure, it was postponed for the third, and probably last time. A secret deal has apparently been struck between Murkowski and Bingaman of New Mexico. Don’t let down your guard. Contact your Senators and tell them not to allow this land-grabbing bill to pass. Only you can stop it. Call today. 
Fatal Flaws of CARA (9 pgs): # 2136 
Senate Committee member numbers (1 pg): # 2146 
Capitol Switchboard 202-224-3121

Changing the Rules

Congress inserted a provision into the Supplemental Appropriations bill that would block EPA’s new regulations regarding the non-point source pollution Total Daily Maximum Load rule (TDML) requiring states to develop plans to eliminate pollution. The key word in the rider was “new,” according to a spokesman for the Administration. “The president has until July 13th to sign the bill into law, so if the EPA can complete the nearly finished rules pronto, the prohibition (rider) will be meaningless.” Once again, Clinton finds a way to circumvent Congress. 
Clinton Rushes on Rules (2 pgs): #2161

Gettysburg Battles – Unwilling Sellers

The Gettysburg Battlefield observation tower built on private property and used by tourists since 1974 to view the entire battlefield, was destroyed July 3rd by the federal government. Secretary of Interior, Bruce Babbitt called it “sacred ground” and vowed in April 1999 to bring down the tower before he left office. Keeping to his word, the government used eminent domain to condemn the property and placed $3 million into an escrow account toward the purchase of the 6.45-acre property even though the Park Service appraised the property in 1996 at $6.6 million. The National Park Service and environmental organizations have been fighting the property owners since the tower was proposed in 1972. Government officials plan to restore the site to its 1863 appearance even removing “non-historic trees.” One more example of government’s view of “willing sellers” and “fair market value.” 
Gettysburg Tower of Discord (3 pgs): #2159

Ninth Circuit Bolsters Property Rights

In USA v. Shumway, recently decided by the Ninth Circuit Court of Appeals, property owners won an important victory. The Court reversed the lower court and upheld Shumway’s ownership of mineral rights on National Forest Lands. The US Forest Service had dramatically raised the bond amount the Shumway’s would have to secure in order to continue mining their cyanide-leaching site making it impossible for the Shumway’s to continue. When the Shumways protested, USFS forced the closure of the mine and evicted them claiming they did not have a valid operational plan. The court disagreed and decided that the Shumway’s did in fact have a vested possessory right, which is recognized as an interest in real property. They also concluded that not having an operational plan does not extinguish those property rights. In the Court’s words, “The Shumways are not guests at their mill site, but property owners.” 
US v Shumway decision (18 pgs): #2162

Landowners Say “No” to Government

In a letter fittingly dated July 4th, landowners in Burnet Count, Texas declared their own Independence from the federal government by writing a letter to Bruce Babbitt stating they will not be forced to sell their land. U. S. Fish and Wildlife Service notified hundreds of landowners that they were going to purchase 34,000 acres of land to add to their 17,000 acre Balcones Canyonlands National Wildlife Refuge, but that it would only be from “willing sellers.” FWS never notified anyone of their plan to expand until last May when they held two meetings at the same location on the same day. Landowners were told their land had been targeted and that the only option for FWS to protect and preserve two endangered songbirds was to acquire more land. The landowners drew a line in the sand and sent a letter to FWS clearly stating they were not willing sellers. Maybe this is a lesson we can use against CARA, if it passes, since Don Young and other co-sponsors claim they will only buy from “willing sellers.” 
The Burnet Bully (2 pgs) #2163

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