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Date: Fri, 31 Oct 1997 06:02:48 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: The Globalization of U.S. Domestic Land Use Policy (fwd)

> EDITOR'S NOTE:  The following article was written for the Lincoln 
>Heritage Institutes publication the Lincoln Log by Congressman Don Young 
>of Alaska.  The subject of the article is protection of U.S. rights 
>against the pending threat of loosing legal control of U.S. lands and 
>individual property rights to foreign powers and the U.N.  Many people 
>have not been aware of this threat.  However, now  the protection of U.S. 
>sovergeinty is a growing  concern in the heartland of the U.S.  
>	For more information on the subject, please contact the Lincoln Heritage 
>Institute by e-mail or fax 517-663-5245.
>The Globalization of United States Domestic Land Use Policy 
>By	Congressman Don Young (R-AK)
>The Constitution gives Congress the power to dispose of and make all 
>needful rules and regulations governing lands belonging to the United 
>States.  Yet over the last 25 years, 68 percent of America's National 
>Parks, Preserves and Monuments have been designated as a United Nations 
>World Heritage Site, Biosphere Reserve or both by Executive Branch action 
>with virtually no congressional oversight or approval and out of the 
>sight of the public scrutiny.
>World Heritage Sites are natural sites or cultural monuments recognized 
>by the United Nations Educational, Scientific and Cultural Organization 
>(UNESCO) under "The Convention Concerning Protection of the World 
>Cultural and Natural Heritage.
>U.S. biosphere reserves are part of the Man and Biosphere Program, a 
>worldwide program operated by UNESCO.  Biosphere reserves operate without 
>legislative direction and are not authorized by Congress, nor is the 
>program part of an international treaty.
>What is a biosphere reserve? The model UN biosphere reserve is actually 
>a federally zoned laboratory where social engineers have real life 
>subjects to use in studies to testing their theories on biodiversity, 
>conservation and sustainable development.  The reserve consists of: 1) a 
>core area, such as a national park, which has strict legislative 
>protection and is used for scientific monitoring of minimally disturbed 
>ecosystems; 2) a "managed use area," surrounding the core area, where 
>allowable land uses and human activities are strictly regulated; and 3) 
>an "area of cooperation" having an undefined boundary and managed for 
>"Sustainable" production and uses in harmony with the biosphere reserve.
>The "area of cooperation" is a sort of utopian neighborhood where, 
>according to the State Department, "managing agencies, local governmental 
>agencies, scientists, economic interests, nongovernmental organizations, 
>cultural groups, local citizens and other biosphere reserve stakeholders 
>educate one another in the process of linking conservation, economic 
>development and cultural values." The "area of cooperation" includes 
>non-federal property.
>Dr. Jeremy Rabkin, professor of government at Cornell University, 
>argues: "Lands of private owners, lands owned by state or municipal 
>governments and U.S. government land seem to be thrown into this warm, 
>bubbling stew of cooperating 'stakeholders' where actual owners seem to 
>have no more status than advocacy organizations from outside, where 
>'local citizens' have no more status than 'cultural groups' from the 
>other side of the country." Rabkin adds, "The whole point of that 
>amorphous term 'stakeholder' is to blur distinctions between owner and 
>spectator and between citizen and outsider."
>Federal agencies use international land reserves to control and 
>orchestrate local and state land use policy and steamroll the property 
>rights of  private land owners.  This problem is illustrated by the New 
>World mine project located three miles beyond Yellowstone National Park, 
>a World Heritage Site.  The boundary of the World Heritage Site 
>coincides exactly with the national park boundary, The Department of 
>Interior (DOT), which wanted to stop the mine, brought in the World 
>Heritage Committee to "inspect" the project, parading the Committee 
>around Montana and Wyoming as if they had an important say in the 
>development of the mine.
>Ninety percent of the New World project is located on private land and 
>the remainder is in a national forest.  Under U.S. law, private land 
>cannot be included in a World Heritage Site without the consent of the 
>owner, and the owner of the mining project never consented to be included 
>in the World Heritage Site.  DOI's action also trampled on the decision 
>made by Congress to manage Federal lands included in the project as part 
>of the multiple-use National Forest System -- not as protected land in 
>Yellowstone National Park.
>DOI had no authority to invite a foreign entity to interfere with a 
>domestic land use decision.  D0I bureaucrats ignored U.S. law and 
>infringed on personal  private property rights by involving the World 
>Heritage Comniittee in a project located on private land.  They exhibited 
>no concern or interest about protecting rights of U.S. citizens or 
>respecting the decisions of Congress.  These bureaucrats were incapable 
>of seeing how these actions compromised U.S. sovereignty.
>Why should we even think about involving an international body in making 
>land policy decisions for lands within the United States? Congress must 
>act to keep international commitments from interfering with  
>Constitutional constraints.  Otherwise, the rights of our citizens and 
>the boundary between public land managed by government and private 
>property can be too easily ignored. 

Paul Andrew Mitchell, Sui Juris      : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA;   M.S.: Public Administration, U.C.Irvine 02
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