Horse News

H.R. 3188: the Groundwork for Denying Access to Court on All Levels

H.R. 3188 could set a PRECEDENCE that could end judicial review of a federal agency (this would include the Department of the Interior and wild horse & burro issues).  Call your House representatives and tell them you do NOT want them to support this unconstitutional bill!

SOURCE:   PPJ Gazette
Marti Oakley © copyright 2014 All rights reserved

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If H.R. 3188 passes and is signed into corporate contracting law and then converted to a public law, it will be used as a precedence for future obstruction of the public, by corporate federal agencies, to prevent access to the judicial system for remedy against federal encroachment.

Section (2) Administrative and judicial review salvage timber sales not covered under subsection (a) shall not be subject to—-

(A) Administrative review, including, in the case of the forest service the notice, comment, and appeal requirements of section 322 of the Department of Interior and Related Agencies Appropriations Act, 1993,(public law 102-381; 16 U.S.C. 1612 note); or

(B) judicial review in any court of the United States.

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Notice this doesn’t say “judicial review in any administrative court”; it says “in ANY court of the United States”.

Apparently dismayed at the ongoing obstacles presented by private citizens who attempt to use the courts to fight against federal and state government encroachment and corruption, Representative Tom McClintock, (R) CA-4, has decided it would be best to just do away with those pesky individuals. His bill H.R. 3188 makes clear that the input of the public is neither desired nor appreciated. Therefore, Representative McClintock made sure the public has no access, no input and no say in what happens to their resources.

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November 14, 2013 6:05 PM

Washington, DC – HR 3188 by Congressman McClintock, the Rim Fire Emergency Salvage Act, was approved today by the House Natural Resources Committee.

“I am pleased the Rim Fire Emergency Salvage Act was approved today by the House Natural Resources Committee and will now go to the House floor, where I expect the measure to be approved,” remarked Congressman McClintock. “The focus will then be on the Senate, which must take quick action and join the House in enacting legislation that will protect the forest and the environment and help prevent future cataclysmic fires.”

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McClintock stated he had removed a provision to include Yosemite National Park, keeping the focus to only Forest Service land.

The first thing to note in the bill sponsored by Representative McClintock, is the word “sponsored”.  This means he did NOT write the bill, someone else did.  So who was that someone?  Special interests?  Lobbyists?  Who?  And what did Representative McClintock receive in return for this unconstitutional favor?  And why all the secrecy?  What is it McClintock and his co-sponsors are trying to hide?

While the bill has 12 other sponsors, none of them claim the title of “author”.

Obviously, there is more at stake here than downed timber from a fire, albeit that alone will net millions in corporate contracting. But the question remains……who is the contractor?  Where is the salvaged timber going?  Why is a corporate government agency profiting from assets, even if indirectly, that belong to the states?  According to US Code, the proceeds from any sales, not just these highly secret deals, cannot be collected by the agency.  BUT!!  The proceeds are deposited to the general treasury as a miscellaneous revenue.  That would be the federal International Monetary Fund account that operates in lieu of an actual US treasury and then through federal appropriations, handed back to the federal agency.

As the Department of Interior does not want to be known for abrogating your rights it issued these statements.

Section 3 of Title 16 of the U.S. Code authorizes the Secretary of the Interior to sell or dispose of timber only in cases where it is required in order to control the attacks of insects or diseases, or to conserve the scenery or the natural or historic objects in any such park, monument, or reservation.  While the NPS will take management actions to protect life, property, and infrastructure immediately after a wildfire, burned areas are allowed to recover naturally wherever possible.

NEPA emphasizes public involvement to give all Americans a role in protecting our environment.  By waiving NEPA, H.R. 3188 would not require consultation with any federal, state, local or tribal governments or with local residents.  (Emphasis mine)

READ THE REST OF THIS ARTICLE HERE.

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billnumber=3188&billtype=hr&congress=113&format=html

http://trac.syr.edu/laws/16/16USC00003.html

http://nsea.us/wp-content/uploads/2013/07/DUNS-NUMBERS.pdf

http://www.gpo.gov/fdsys/cas/getdocument.action?billnumber=3188&billtype=hr&congress=113&format=html

http://www.doi.gov/ocl/hearings/113/hr3188_100313.cfm

http://www.gpo.gov/fdsys/pkg/STATUTE-106/pdf/STATUTE-106-Pg1374.pdf

6 replies »

  1. I asked McClintock (R-CA) in a public meeting why, if California has VOTED to ban horse slaughter, he has not cosponsored HR1094. He said he thinks horse horse slaughter is humane and he didn’t consider the vote by Californioans to be a control on how he conducted legislative decisions in Washington. This man is a menace. He also pushed through the Amended Grazing Act which provides for 20 year permits which are then continued on statement that “improvements” are either made or planned – thereby bypassing environmental overview. .

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    • And this guy supposedly “works” for Californians??????????? Apparently, when he makes the trip to Washington – California opinions don’t matter any more!

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  2. This guy is another A-hole to join so many others in congress. No wonder California is drowning in debt with people like him trying to push through laws like this. He reminds me of Senator Cornyn who thinks its fine if a owner wants to send their horses to slaughter.

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