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<PREVSANTA CRUZ VALLEY NATIONAL HERITAGE AREA ACT NEXT>
Text From the Congressional Record

Hastings, Richard [R-]
Debate: H.R.324
Begin2009-09-2314:25:40
End14:31:11
Length00:05:31
Mr. HASTINGS of Washington. Mr. Speaker, this legislation raises serious concerns about border security and the private property rights of private landowners by establishing an over 3,300-square-mile--let me repeat that, Mr. Speaker--3,300-square-mile national heritage area that includes land along the Arizona and Mexico border.

Mr. Speaker, House Republicans support the wise and responsible stewardship of Federal lands. We also strongly believe the protection and conservation of natural areas is important. Yet it need not be done at the expense of our homeland security or the private property rights of U.S. citizens.

On the issue of homeland security, some of the most heavily trafficked drug smuggling and human trafficking routes in the United States would be designated as a national heritage area under this bill. To make matters worse, the bill lacks sufficient protections to ensure that border security enforcement, drug interdiction and illegal immigration control is not restricted, is not hindered, and is not impeded by this legislation.

At a time when our borderlands are far from secure, now is simply not the time to place yet another layer of Federal interference in these areas. It is critical that policies meant to conserve natural areas or to preserve or promote unique areas in our Nation do not become corridors for illegal activities that threaten the safety and security of United States citizens.

This Congress must ensure that the responsibilities of the Border Patrol and the Department of Homeland Security are not undercut by the actions of another agency or Department. This is especially true with the Department of the Interior, which, Mr. Speaker, controls 40 percent of the lands along the southern border.

In response to concerns raised about the lack of border security protections in this bill, the Democrat majority has used their power on the Rules Committee to automatically add meager text to this bill that falls far short of meaningful protection of our border security. This meager text simply states that no border enforcement authority is being modified, altered, or amended.

Well, Mr. Speaker, this leaves the barn door open to the reality that this heritage area designation could restrict, could hinder or impede border enforcement or security authority, including drug interdiction and illegal immigration control.

It also completely fails to address the effects that other existing laws are having over the ability of the Border Patrol and the Department of Homeland Security to achieve operational control of the border.

Instead of addressing the hurdles to border security that exist on public land, this bill, frankly, Mr. Speaker, exacerbates them.

On the issue of property rights, this legislation does include language that expresses support for property protection. I will acknowledge that. However, the bill omits stronger protections that have been included in many of the other recently established heritage areas.

What should be included in this bill is an assurance that the written consent of property owners be acquired before their property is included into the planning activities of the heritage area's management entities. Property owners should also be permitted the choice to opt out of the heritage area's boundaries if they choose.

Now, as I noted, the bill does include language related to private property, and it does say that property owners are allowed to ``refrain from participation.'' Yet, Mr. Speaker, nothing changes the fact that this bill places property owners within a new Federal designation.

[Time: 14:30]


It would allow a basis for ambitious Federal land managers to claim that now they have a mandate and millions of Federal dollars to interfere with local decisions affecting the private property of others.

The reality is that there are likely a great number of property owners who have no idea that they are being included in this heritage area designation. After all, Mr. Speaker, we are talking about over 3,300 square miles. This House should insist that the weak and ineffectual provisions of the bill are strengthened with real and meaningful protections that protect all landowners with the choice to opt out of this designation.

With deep concern, Mr. Speaker, across the country over the growing intrusion of the Federal Government into our daily lives, as evidenced by the debate on health care in this country and private choices of American citizens, great caution and care should be taken to protect the property rights of the thousands and thousands of property owners located within the over 3,300 square-mile heritage area that is being proposed by this legislation.

So, Mr. Speaker, without sufficient protections for private property rights and the security of our southern border from drug smuggling and illegal immigration, I must oppose this legislation.

I reserve the balance of my time.