|
The House of Representatives Roll Call
Vote on H.R. 3824, "The Threatened and Endangered Species
Recovery Act of 2005" (TESRA)
(Note: The score stands at property rights takers 1, property rights
and resource provider cherishing folks 0. Contrary to
'popular opinion,' this ESA 'reform' legislation is worse than the
original ESA. It is fervently hoped that enough savvy Senators will
stand up and bury this monster. TESRA is not good for property rights.
Don't listen to the obligatory whining from GangGreen -- they're
likely part-authors of the bill, no matter how indignant they appear
to be for the media. Please see additional pertinent information below
the vote count. If a lot of people don't get the Senate to stop TESRA,
look forward to many more Victim Directories: http://www.propertyrightsresearch.org/2005/articles05/victimsdirectoriesfrms.htm)
September 29, 2005
Final vote results for Roll Call 506
(Republicans in roman; Democrats in italic; Independents underlined)
H R 3824 RECORDED VOTE 29-Sep-2005 5:12 PM QUESTION: On Passage BILL TITLE: Threatened and Endangered Species Recovery Act
http://clerk.house.gov/evs/2005/roll506.xml
Current House Floor Proceedings Legislative Day of September 29, 2005
http://clerk.house.gov/floorsummary/floor.html
The House Resources Committee http://resourcescommittee.house.gov
Threatened and Endangered Species Recovery Act of 2005
CBO Score for TESRA http://resourcescommittee.house.gov/issues/more/esa/TESRA/cboscore_hr3824HR.pdf
H.R. 3824, TESRA (Committee Print-Post Markup) http://resourcescommittee.house.gov/issues/more/esa/TESRA/HR3824_Committee%20Pri nt_xml.pdf
Post Mark-Up Amendments http://resourcescommittee.house.gov/archives/109/full/092205committeeaction.htm
TESRA Background & Need http://resourcescommittee.house.gov/issues/more/esa/TESRA/background&need.ht m
Summary & Analysis (Updated) http://resourcescommittee.house.gov/issues/more/esa/TESRA/summary_hr3824.pdf
Section by Section (Updated) http://resourcescommittee.house.gov/issues/more/esa/TESRA/section_by_section.pdf
Modernizing the ESA
Victim Directories http://www.propertyrightsresearch.org/2005/articles05/victimsdirectoriesfrms.htm
=====
Not Yours To Give
" ’Well, Colonel, it is hardly worthwhile
to waste time or words upon it. I do not see how it can be mended, but
you gave a vote last winter which shows that either you have not
capacity to understand the Constitution, or that you are wanting in
the honesty and firmness to be guided by it. In either case you are
not the man to represent me. But I beg your pardon for expressing it
in that way. I did not intend to avail myself of the privilege of the
constituent to speak plainly to a candidate for the purpose of
insulting or wounding you.
I intend by it only to
say that your understanding of the Constitution
is very different from mine; and I will say to you what, but for my
rudeness, I should not have said, that I believe you to be honest.…But
an understanding of the Constitution different from mine
I cannot overlook, because the Constitution, to be worth anything,
must be held sacred, and rigidly observed in all its provisions. The
man who wields power -- and misinterprets it -- is the more
dangerous the more honest he is.' “ ‘No, Colonel, there’s no mistake. Though
I live in the backwoods and seldom go from home, I take the papers
from Washington and read very carefully all the proceedings of
Congress. My papers say that last winter you voted for a bill to
appropriate $20,000 to some sufferers by a fire in Georgetown. Is that
true?’ " ‘Well, my friend, you hit the nail upon
the head when you said I had not sense enough to understand the
Constitution. I intended to be guided by it, and thought I had studied
it fully. I have heard many speeches in Congress about the powers of
Congress, but what you have said here at your plow has got more hard,
sound sense in it than all the fine speeches I ever heard. If I had
ever taken the view of it that you have, I would have put my head into
the fire before I would have given that vote; and if you will forgive
me and vote for me again, if I ever vote for another unconstitutional
law I wish I may be shot.'
http://www.juntosociety.com/patriotism/inytg.html
=====
Repeal Endangered Species Act
(Note: Please consider this fact -- both
times the text of the "ESA Reform" bill was
"leaked," the ONLY place it was located on the Internet
was at the Center for Biological Diversity's website (which is not a
government website). CBD has filed countless lawsuits, ostensibly
"on behalf of" various and sundry "endangered
species." CBD founder, Kieran Suckling, tells the world how
awful it is that cows poop in streams and continues to ignore the
FACT that the bodily functions of all animals -- including all wild
animals, endangered or not -- are released when "nature
calls," whether mid-stream or not. Please think about the fact
that CBD has had the bill text published on its website before any
other location on the Internet, including the Pombo Committee site.
Please ask yourself why this is so. Please ask Pombo's office staff,
too. Please think about the fact that this bill has "strong
bipartisan support," understanding that special interest
groups, Wildlands Project implementers, etc. often call the shots
when Congress critters make moves. Please think about all this and
then visit PropertyRightsResearch.org and click on the ESA and
Wildlands Project buttons. H.R. 2834, which you may now read here:
http://resourcescommittee.house.gov/issues/more/esa/TESRA/hr3824.pdf
is not property rights
friendly. It is the reauthorization of the ESA and uses Language
Deception to make the reader think it is less harmful to America's
property rights and gutted resource providers. Repeal -- complete
and total -- of the ESA is the only good thing to do. Bob Fanning
has hit the nail squarely on the head. It is my fervent hope that
many, many others join him and me. Just look at who's co-sponsoring
this: Pombo, Walden, Radanovich, Cubin, Gibbons, McMorris, Henry
Brown, Graves, Cardoza, Berry, Ross, Baca, Bennie Thompson, and
Costa)
September 1, 2005
By Robert T. Fanning, Jr. rtfanning@att.net
Pray, Montana
The Billings Outpost
Billings, Montana
866-311-6397 or 406-248-1616
Fax: 406-248-2414
To submit a Letter to the Editor: editor@billingsnews.com
No feudal nobleman would ever concede that the
feudal system is obsolete.
Legal fees are awarded in more than 90 percent of litigation to environmental organizations when they “prevail” in their Endangered Species Act suits against the federal government. “Prevailing” can be a simple as the judge ordering more “studies.” These monies fleeced from the U.S. taxpayer are a source of funds that fund, motivate and inspire extremists who abuse and “milk” the Draconian “Endangered” Species Act for all it’s worth. Jobs and job enticements are awarded to “former” federal employees who join, or plan to join, the extremists’ “environmental organizations” after “retirement” - and serve to ensure a formal system of bribery and corruption. Misuse of sportsmen’s excise taxes to blackmail, bribe, extort and coerce state fish and game agencies destroys individual and states’ rights and ensures corruption at the state level. Grants sought and “institutes” formed by academia ensure corruption and rubber-stamped, agenda-driven science from scientists whose minds and souls were purchased by extremist NGOs. Those scientists who don't “play ball” are blackballed and censored and marginalized. Corrupted academicians are the “expert witnesses “ paraded before the courts and – with help from a like structured “major media” – the court of public opinion, to hoodwink America. Rep. [Richard] Pombo [R-Calif.] will never “fix” the ESA with “reform.” All he is doing is preserving and perpetuating the same game for those who make a living exploiting it and wildlife. The ESA is nothing more than the urban majority imposing its political will on the rural minority under the pretext of “rule of law.” The same scam was used by England on the people of Ireland in the genocides of 1650 and 1849. Dr. Robert Taylor predicted on Jan. 11, 2000, before an audience of 600 attending the Predator Management Symposium in Billings, that the wolf program would end in violent human bloodshed. Dr. Taylor has witnessed and fought the systematic and premeditated destruction of America by the ESA since the spotted owl scam targeted the logging industry a quarter-century ago. A super majority of the Montana Legislature voted that wolf recovery is run by “law breakers” and asks for federal emergency disaster relief for communities destroyed by wolf introduction and the ESA. Rep. Pombo’s “ESA reform” guarantees that Dr. Taylor will see his prophecy come true. The blood will be on the “reformers’” hands. Oliver Cromwell was a “reformer” too. Complete REPEAL of the unconstitutional ESA is the only solution.
Very Important Comments
(highly recommended reading):
-----
Rachel Thomas
badger04@earthlink.net edited
comment (apparently dated September 20, 2005):
....as you know, the ESA bill was finally
made available to us yesterday -- all 73 pages. It was made
available [at] about 10 AM and they wanted everyone to throw
support behind the bill that day, before anyone had time to
read and analyze the total bill.
-----
September 21, 2005, Leo Schwartz
vlrc@ntelos.net comments:
I don't want to appear to throw cold water on
anyone's efforts, but I am still very suspicious about what Mr.
Pombo is doing and what will finally come out of this. You are
absolutely correct -- this is all too fast and rushed with not
enough time to consider and analyze the current proposal. I hope we
have not been victims of "good cop, bad cop" tactics.
Considering the recent near-betrayal, I don't trust Mr. Pombo to
fight for us when the compromising starts in Congress. Even if I am
wrong on this point -- and I hope my concerns are unjustified
-- once it is out of his hands there will be a loss of control.
After all the years of tyranny under this
un-Constitutional Act, my initial reaction is there is no
justification to push through a bill [that] does not totally
protect private land from federal action. I may be seen as being
ungrateful, but [I] keep coming back to the same point: binding
down our elected representatives with the chains of the Constitution
and their Oaths of Office.
-----
September 21, 2005, update from Bob
Fanning rtfanning@att.net,
regarding signing the Property Rights First [ESA] Letter:
As a kid I learned that half of taking
tests had to do with the knowledge you had and the other half
had to do with knowing how to take a test. I learned early that
"your first instinct is the correct answer." The
fact of the matter is that we have incrementally been herded into
a camp by herders that will point to the fact that we have
compromised and come to "consensus," thus lending
validity to their position -- and eradicating, dismissing and
marginalizing our arguments as being those of an
"extremist lunatic fringe." With the recent Supreme
Court ruling regarding eminent domain, combined with the
new improved/legitimized version of the ESA, my view of the future
of America is black. I would much rather be remembered as being
someone who fought this Alamo to its conclusion screaming for
the repeal of the Draconian and un-constitutional ESA that we can
prove in public hearings is the vehicle for green Fascism. By
signing on to this new version of oppression we are validating it
and agreeing to live under it without a fight. Once it is crammed
down the public's throat, it will be "rule of law."
Bankruptcy lawyers call it a "cram down plan." The 3rd
circuit court outlawed "cram down plans" in
the Combustion Engineering case http://www.paed.uscourts.gov/documents/opinions/05D0236P.pdf (pages
1 and 40) Congress, in consort with the greens, are using
this "cram down plan" on those who dissent to
muzzle us forever. The victims in both Combustion
Engineering and with the "reformed ESA" are the
"future claimants." I only know about the ESA
as it pertains to wolves being used as a bio-weapon against
our fellow American citizens. I guarantee that very soon the fight
will lead to civil disobedience and bloodshed. The repulsive thing
of this is that our side of the issue never got a day in
court or a chance to be heard. Standing rigid and
non negotiable is how the other side got the power it has.
Why is it so tough to understand for those who have lost so much
and have so much to lose in the future?
-----
September 21, 2005, edited comments
from studied ESA expert Helen Franklin
PacificTimber@aol.com:
I studied the Endangered Species Act for
years and wrote papers, blogs and articles in hopes that one
day the Act would be repealed -- or that others could more
effectively fight it.
Who had access to the proposed changes and
why was the document held in secret? I got better information from
the Center for Biological Diversity, and I knew I could trust
them, because they read.
Pombo received plenty of material from us
over the last few years ...
[T]hese would have been my recommendations:
The ESA applies only to federal lands,
unless you're in the federal nexus. "Federal
authorization" is what puts private landowners in the federal
nexus.
Remove all federal authorization from the
Act entirely and private lands are protected, plain and simple.
It's a very bad idea to include State
Governors in Section 6(c). Doing so would remove all powers from
the State legislatures. There is nothing wrong with Sec. 6(c); it
should be left as originally written. The thing that's wrong with
6(c) is that the Secretary of the Interior has been out of
compliance. Shorten all dates for agency compliance, and if
the work isn't done, the species in question should not be listed.
The ESA was subject to NEPA until one
listing was NEPA challenged in the early 1980s. Shortly
thereafter, all federal agencies wrote themselves a policy
statement that NEPA was no longer necessary. NEPA really gets us
nothing but more process. Yes, we get to comment on the Social
Assessments listed in 40 CFR 1508, but I've yet to see it
considered -- or that it would matter at any level of
significance.
Critical Habitat Designation needed to be
gone. It's a good change.
Local governments already have the option of
requesting to be included in the federal process (not that it has
ever made a difference).
Tribes are in the federal nexus. They wanted
to be there. No special language should be written into the Act
for them.
Another simple change would have been to
define the word "take" to mean kill, and kill only.
The U.S. Army Corps of Engineers' interpretation of the Migratory Bird Act has had greater adverse effect on the use of private property than the ESA.
I read the panic responses from the
so-called protectors of private property...
It doesn't help us when those who read the
least end up writing the most. and harder to believe they get as
much attention as they do.
-----
September 21, 2005, Julie Kay
Smithson propertyrights@earthlink.net comments:
Regarding "Pombo bill would rip the
heart out of the Endangered Species Act:"
Both the Center for Biological
Diversity (CBD) and "Defenders" [Defenders of
Wildlife] are setting up a smokescreen. There's nothing they
want more than for this bill to pass. CBD may have even
written part or all of the darned thing. This is all a
ruse, this whining -- but notice how much major muzzled media press
it's getting. That ought to run up a whole raft of Red Flags! Think
of Brer Rabbitt saying, "Put me anywhere but in the briar
patch" -- when that's Exactly where he wanted to go! We got
a late start, but are learning quickly about Language Deception,
as per the below URLs.
Mr. Pombo has alienated his own local
Tracy, California, constituents for years (and
redistricting/redrawing of political boundary lines) saved him
from the wrath of those few left with farms in an area that now
has:
1. Pombo farms, owned either by his family
or friends.
2. Housing/development.
3. Parks -- virtually all the former farms
(read, competition) have been swallowed by Parks.
So, suspicions and not gratitude swirling
'round Pombo are not only justified, they are valid.
An elected official can champion property
rights -- so long as they are his and his family's/friends' and
not care about those of others. He is likable and disarming, but
so are many people involved in implementing The Wildlands
Project.
I did not sign the ESA letter because I
did not agree with it, especially the part about reform.
I composed my own and sent it.
I cannot, and will not, support this bill
http://resourcescommittee.house.gov/issues/more/esa/TESRA/hr3824.pdf because
it is still reauthorizing the ESA, albeit in a slightly
different form. Now there is copious language that mentions:
Endangered species (73 times)
Threatened species (72 times)
Candidate species (20 times)
Monitor species (2 times)
The Plan (10 times)
and if all that doesn't raise any Red
Flags -- are any of you wondering how powerful a control tool
"candidate species" are? -- the Secretary (that is the
Secretary of the Department of Interior, and APPOINTED, not
elected, position -- anyone remember Bruce Babbitt and all the
swaths of "critical Babbittat" and "national
monuments"? not to mention the "current
Secretary" and her global "4 C's" program, which
is NOT GOOD FOR PEOPLE) is mentioned a hefty 136 times!
Anything with as much "bipartisan
support" as this and being shoved at us for "instant
support" must held be suspect.
Dissect this bill, strictly in terms of
Language Deception, and then look at it and see how much is left
that is beneficial to private property.
I have, and it's not much.
For many months I have heard much about
repeal versus "reform and strengthen" when referring
to this legalese.
What has happened to those who were so
stridently in favor of repeal?
Now many of them are caving in and
suggesting that we should "try to find things we can live
with."
Hey, folks! We were told in 1999 that no
one could -- and no one ever had -- defeated USFWS when it
decided to "study" for a proposed "wildlife
refuge."
Guess what? We don't have one here, and we
didn't use the recommended "hire an attorney" route.
We did what was heretofore unthinkable: we relied on getting our
story -- the truth about us -- out and the power of public
outcry.
With FOX NEWS doing "Vanishing
Freedom: Who Owns America" -- a four-segment one-hour story
similar to 60 Minutes and featuring the Darby as one segment, we
got support from all over America and Canada. We won!
Now we're being told that "we"
"can't" repeal this property rights and resource
provider decimating Medusa.
Where are the backbones? We need them NOW!
We CAN -- and we MUST -- repeal this!
|