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new-logo25Marti 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

hijackedUnited 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? Lobbyist’s? 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)

Wouldn’t it be just glorious if they actually meant anything they said, or actually abided by any laws..

In other words, if this bill passes and is signed into corporate contracting law, it will be co-opted immediately by numerous other corporate federal agencies.  As it is, kangaroo administrative courts, created by legislative fiat, now act as a buffer between the public and the agencies who are decimating land, exploiting state owned resources, contaminating water supplies and killing off indigenous species such as the wild horses and burros.  Under corporate contacting utilized by federal agencies, pseudo courts have been erected to provide the barrier to lawful objections by the citizenry. These specially created “courts” exist only to deter the public from their constitutional rights and lawful courts.

Within these kangaroo courts, those who attempt to exert their rights are routinely told they have “no standing”.  In the world of corporate contracting, this is true.  You never entered into any contact, you were not aware of any contract, and therefore you are not a “stakeholder” in the contract.  So how can you be bound to application to these pseudo courts that administer code and statute, that operate under contract law?  That doesn’t apply to you and neither does the rulings of these administrative courts.  You were never part of the business plan.

It is the administrative court itself that has no standing.  These kangaroo courts are not property owners, taxpayers or even someone who who lives adjacent to the area at issue.  They do not live in the community and are not impacted by the actions of the agency in question. They have no constitutional authority to exist, much less to dictate what you may or may not do.  Therefore, they have no lawful interest in, or control over, what you as a private citizen may do in way of accessing the lawful court system.

From the Department of the Interior:

H.R. 3188 would require the Secretaries of Agriculture and Interior (Secretaries) to plan and implement salvage timber sales of dead, damaged, or downed timber resulting from the 2013 Rim Fire. The bill requires the Secretaries to proceed with salvage timber sales immediately notwithstanding any other provision of law, including NEPA, section 14 of the National Forest Management Act of 1976, the Forest and Rangeland Renewable Resources Planning Act of 1974, the Federal Land Policy and Management Act of 1976, and laws related to the management of timber within Yosemite National Park. These laws include numerous critical environmental protection laws such as the Wilderness Act, the Endangered Species Act, the Clean Air Act, the Clean Water Act, the National Historic Preservation Act, the Wild and Scenic Rivers Act, and the National Park Service Organic Act. H.R. 3188 also provides that salvage timber sales conducted pursuant to this bill shall not be subject to administrative review or judicial review in any court of the United States.

Let the pillaging and plundering begin!

[Congressional Record Volume 159, Number 129 (Thursday, September 26, 2013)]

[House]

[Page H5883]

From the Congressional Record Online through the Government Printing Office [www.gpo.gov] By Mr. McCLINTOCK:

       H.R. 3188.

       Congress has the power to enact this legislation pursuant

     to the following:

       Article IV, Section 3, Clause 2 confers on Congress the

     authority to manage and regulate territory or other property

     held by the United States.

       “The Congress shall have Power to dispose of and make all

     needful Rules and Regulations respecting the Territory or

     other Property belonging to the United States; and nothing in

     this Constitution shall be so construed as to Prejudice any

     Claims of the United States, or of any particular State.’

While this looks like it should validate McClintock’s assertions that the federal government has a supposed right to dispose of its property, it ignores the Constitutional provisions that limit the size, scope and reach of the government and what the federal government may own.  Needful buildings, insular possessions and territories was in no way meant to encompass state owned forests (owned by the people, not government), regardless of how much contracting the state has done with the Forestry Service, the USDA or any other alphabet agency.

When McClintock refers to the “Claims of the United States” he is not referring to the government of the Republic.  He is deferring to the corporation operating as “The United States,Inc”, The USA, Inc., “The United States of America, Inc.”.  All listed on Dunn & Bradstreet as corporations doing business as ….. (drumroll, please!) government!

We know from experience that whenever a bill such as HR 3188 appears, it is usually just the vehicle used to implement some new assault on the Constitution and the right of the people to challenge the government on its abuses.

That we have allowed these corporations to overtake the management of our state resources so that favored corporate contractors can profit at the public’s expense, is disgusting.  All resources would be far better managed at the state and local level, without the interference of federal actors and agencies.

HR 3188 belongs in the trash.

 _______________________________________________________

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

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