By: Syver Alton Larsen and MJ
Voting on HR 1505, the inspiration of Rob Bishop of Utah, is ominously imminent. The simply stated purpose of the bill is to allow Border Patrol agents to access public lands in the interest of securing the border. In actuality, HR 1505 wipes out our Constitution, overrides the jurisdiction of other agencies, negates over one hundred years of law and policy, infringes on state’s rights… without congressional oversight and without recourse. As Chuck Baldwin inscribes:
“Let’s first acknowledge that the federal government has absolutely no natural right or constitutional jurisdiction to claim (much less seize) land and territory outside of the District of Columbia. In many of the western states of the US, for example, the vast majority of land in any given State is now regarded as “federal” land. Ask yourself, where is the constitutional authorization for this federal land grab? When did the various State legislatures vote to give these properties to the federal government? When did the various State governors sign the State laws giving these properties to the federal government? When did the citizens of the various states vote to give these properties to the federal government? The answer is, nowhere, and they didn’t!”
Please look at the red area below… 80% of the United States is a massive amount of land that will be removed from individual and state authority. It includes ten entire states including Florida and Hawaii!
What does HR 1505 do?
One will notice in the text of HR 1505, that it doesn’t seek to alleviate jurisdictional conflict, but rather completely decimate all other authority. Note the word “prohibit.”
• H.R. 1505 (R. Bishop), To prohibit the Secretaries of the Interior and Agriculture from taking action on public lands which impede border security on such lands, and for other purposes. “National Security and Federal Lands Protection Act”
o Press Release – Groups Call for Passage of Republican Legislation to Enhance Border Security on Federal Lands (7/8/2011)
Related Hearing – Subcommittee on National Parks, Forest and Public Lands Legislative Hearing on H.R. 1505 and H.R. 587 (7/8/2011)
“To prohibit the Secretaries of the Interior and Agriculture from taking action on public lands which impede border security on such lands, and for other purposes.”
HR 1505 hands total control to DHS in the interests of ‘border security.’ Here’s a sampling:
“(b) Authorized Activities – The Secretary of Homeland Security shall have immediate access to any public land managed by the Federal Government (including land managed by the Secretary of the Interior or the Secretary of Agriculture) for purposes of conducting activities that assist in securing the border (including access to maintain and construct roads, construct a fence, use vehicles to patrol, and set up monitoring equipment).”
This states very emphatically that HS can do what they want, not just in violation of authority of other departments, it also gives HS a waiver to violate Congressional statute, which directs the actions of those other departments. An explanation of those waivers is given in section (c), the clarifications.
Please take your time as you read all the laws HR 1505 wipes off the books:
“(c)(2) DESCRIPTION OF LAWS WAIVED – The laws referred to in paragraph (1) are:
• National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
• Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
• Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
• National Historic Preservation Act (16 U.S.C. 470 et seq.),
• Migratory Bird Treaty Act (16 U.S.C. 703 et seq.),
• Clean Air Act (42 U.S.C. 7401 et seq.),
• Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.),
• Safe Drinking Water Act (42 U.S.C. 300f et seq.),
• Noise Control Act of 1972 (42 U.S.C. 4901 et seq.),
• Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
• Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.),
• Public Law 86-523 (16 U.S.C. 469 et seq.),
• Act of June 8, 1906 (commonly known as the `Antiquities Act of 1906′) (16 U.S.C. 431 et seq.),
• Act of August 21, 1935 (16 U.S.C. 461 et seq.),
• Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.),
• Farmland Protection Policy Act (7 U.S.C. 4201 et seq.),
• Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.),
• Wilderness Act (16 U.S.C. 1131 et seq.),
• Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.),
• National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.),
• Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.),
• Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.),
• Subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the `Administrative Procedure Act’),
• Otay Mountain Wilderness Act of 1999 (Public Law 106-145, 113 Stat. 1711),
• Sections 102(29) and 103 of California Desert Protection Act of 1994 (16 U.S.C. 410aaa et seq.),
• National Park Service Organic Act (16 U.S.C. 1 et seq.),
• Public Law 91-383 (16 U.S.C. 1a-1 et seq.),
• Sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 (Public Law 95-625, 92 Stat. 3467),
• Arizona Desert Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law 101-628),
• Section 10 of the Act of March 3, 1899 (33 U.S.C. 403),
• Act of June 8, 1940 (16 U.S.C. 668 et seq.), (25 U.S.C. 3001 et seq.),
• Public Law 95-341 (42 U.S.C. 1996),
• Public Law 103-141 (42 U.S.C. 2000bb et seq.),
• Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.),
• Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.)
Is this a monumental bill or what? Has there ever been another bill that has sought to remove so many of the laws of our land and seek complete and uncontested jurisdiction for over 80% of our physical territory? From an opinion piece by Scott Nicol:
Would complying with our nation’s laws really prevent CBP (Customs Border Patrol) from securing our borders?
Not according to the Border Patrol.
The irony is that the Border Patrol has not asked for the power to ignore environmental laws, but instead has sent officials to testify against Bishop’s bill in Congress. Last spring, the Government Accountability Office said, “Most agents reported that land management laws have had no effect on Border Patrol’s overall measure of border security.”
“Let’s say someone wants to close an access road across land for an oil lease project? Appeal to Homeland Security— no problem. You want a cell phone tap station deep in the boonies? Appeal to Homeland security— no problem. You want a pipeline transfer station and can’t get the appropriate environmental review? Oil supply is a matter of national security. Appeal to the DHS—no problem.
In short, if this bill passes (which it won’t), the laws of the US will apply, until they don’t based on the whims of whatever administration is in the White House. Does that truly sound like ‘small government’ to you?”
Even as amended, the bill allows Department of Homeland Security to build roads, fences, patrol vehicles, install surveillance equipment and deploy tactical infrastructure called “forward operating bases.” The bill waves 36 conservation management laws, including the Fish and Wildlife Act and the National Parks and Recreation Act.
John Leshy, a University of California-Hastings law professor and a former House committee staffer stated, “under the bill, Homeland Security’s actions would be immune from court review, except for constitutional claims.” The Great Falls Tribune further states, “Supporters of the measure say that’s exactly the point.” See “House measure would expand Homeland Security powers, waive environmental laws,” by John S. Adams, Great Falls Tribune, September 19, 2011.
What are other possible purposes of HR 1505?
In order for us to understand the full implications of HR 1505, one needs only to look at what the highly qualified professional, Dr. Ed Berry wrote in his article “Fatal betrayal: HR 1505.” Dr. Ed Berry described our Department of Homeland Security as a beast with “seven heads.” DHS is seven agencies wrapped into one:
1. TSA—Transportation Security Administration
2. CBP—US Customs and Border Protection
3. CIS—US Citizenship and Immigration Services
4. ICE—US Immigration and Customs Enforcement
5. SS—US Secret Service
6. FEMA—Federal Emergency Management Agency
7. USCG—US Coast Guard
Organizational Chart of the Department of Homeland Security
Daily news is constantly referring to the excessive outreach and abuses of DHS, especially that of the Transportation Security Administration. As one can see from the chart above, there are six other “heads” coming from the main body of the DHS. In fiscal year 2011 it was allocated a budget of $98.8 billion and spent, net, $66.4 billion.
If this past year is an indication of the power grab the DHS is attempting, we can logically postulate that they have plans to continue their strangle hold in the following areas:
• DHS will eventually control travel
• DHS will eventually control food
• DHS will eventually control water
• DHS will control the land
• DHS will be building fortresses (underground fuel tanks, horse facilities)
• DHS will serve as Obama’s “civilian national security force that’s just as powerful (as our military) and fully funded”
• DHS will destroy the Tenth Amendment and State Rights
• DHS will enforce UN Agenda 21
So basically, it gives the federal government permission to ignore their own laws on public land.
A reader wrote an interesting observation regarding DHS’s power reach.
I said then that the SFA (Secure Fence Act) was only the beginning of a federal land grab that would not end until the federal government, under DHS / FEMA, had complete authority over the population. We wanted to feel safe from terror and we wanted to control illegal immigration. Well, that’s what happens when we look to the Feds to save us. Please note that the fence turned out to be a complete waste of money. Why? Because it was never about a fence. Though I have no evidence to support my claim, I am confident that part of The Secure Fence Act was to create an intra-governmental conflict between DHS, other federal department that would have to be resolved by further legislation. Enter H.R. 1505. The ultimate goal has always been DHS control over as much land and as many citizens as possible. Bush failed us badly with DHS. He used our fear of terrorism to create a monster in DHS and that monster is now roaming the countryside looking to constitutional rights to stomp on.
H.R. 1505 is the next logical step to the SFA; give DHS control of ‘public’ land. Once we get used to the impact of H.R. 1505, the step will be introduce legislation to redefine ‘public’ land. Imagine a law that expands DHS jurisdiction to include the ‘inspections’ of privately owned but state and/or federally subsidized housing, manufacturing, transportation, communication, utility, warehousing and storage facilities under the ubiquitous ‘security’ label.
Both The Secure Fence Act and H.R. 1505 seek to expand “Operational Control” over federal land. To the Feds, Operational Control is defined as: “the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.”
Instruments of terrorism and other contraband are so broad in scope as to allow the federal government the right to access virtually any property at any time for any reason with or without a search warrant so long as the goal is the prevention of contraband into the U.S. Notice the lack of definitions for instruments of terrorism and contraband.
Also, notice that the DHS definition of extremists include: people who are antagonistic toward the Obama Administration, people who stockpile food, people who oppose illegal immigration, people who oppose global governance, those who oppose the loss of US manufacturing to overseas nations, those who criticize free trade programs and those who consider themselves Patriots!
If DHS has failed to control our southern border, why should we trust them with even more power? To date, DHS has prosecuted three Border Patrol agents for doing their jobs. The Border agents’ sentences were for far greater time than the drug dealers. What makes DHS think that they will do any better on our northern border? DHS has even stopped routine Visa checks on our Canadian border!
What sane United States Citizen would want to give total control of 80% of our country’s territory to an organization that is currently field testing equipment to detect pre-crime? If the DHS is field-testing a thought crime device now, it means this technology is being considered for use. Future Attribute Screening Technology (FAST), a US Department of Homeland Security (DHS) programme designed to spot people who are intending to commit a terrorist act, has in the past few months completed its first round of field tests at an undisclosed location in the northeast.
The antithesis of U.S. law is the presumption of guilt. Guilt, then, necessarily hinges upon the actual commission or provable conspiracy to commit a criminal act. Even if an individual contemplates a crime but does nothing to carry it out that person is innocent under the law. Who hasn’t considered doing something unwise or illegal but changed their mind after having thought it through? Should they be arrested or surveilled (sic. Surveillanced) based upon the objective speculation of a machine? What psychological conditions produce the physical responses detectable by such a machine? Perhaps anger at a spouse, anxiety of travel to an important, time sensitive event, a wedding, a funeral or injury of a loved one might do it.
This is why lie detector (polygraph) tests are inadmissible as evidence in court. We already treat allegedly innocent people as criminal suspects every time we illegally search travelers at airports on the assumption that treating everyone as a potential terrorist is somehow preferable to proper police work. This mindset probably stems from the failure of said police work to prevent 9/11 and the resulting embarrassment of the various agencies involved. So, rather than correcting their mistakes, they simply oppress everyone.
There is, of course, the underlying agenda of complete social control by those in power. That, ultimately is what we all must resist. This Orwellian approach must be stopped.
From this evidence proving that DHS is experimenting with thought crime detection, we can only see that DHS has big plans for our future. If HR 1505 passes, it would give the seven-headed monster total control of 80% of our country’s land and even more tools to control our liberty, wipe out our Constitution and become an inescapable controlling force in our lives. Alert: HR1505 is the real terrorist.
What you can do:
Communicate with others the dangers of HR 1505.
Contest the spread of Communism.
HR 1505: GIANT LAND GRAB FOR THE POLICE STATE
DHS definition of extremists:
Federal agency warns of radicals on right
Those who consider themselves Patriots:
New SPLC Report: “Patriot” Groups, Militias Surge in Number in Past Year
DHS has even stopped routine Visa checks on our Canadian border!
US immigration checks eased on Canadian border
Future Attribute Screening Technology:
Terrorist ‘pre-crime’ detector field tested in United States
As one reader composed:
Terrorist ‘pre-crime’ detector field tested in United States