August 28, 1998

From: Dave Ealy

Reference: Proposed Indiana Sovereignty Protection Act.

Several states are considering, and some have passed, legislation protecting private and state lands and waters from designations by regulators and special interests. HR-901 the "American Land Sovereignty Protection Act" has passed the U. S. House of

Representatives. HR-901 is currently stalled in the Senate. It is not expected to obtain the two thirds passage required to override the threatened veto from President Clinton.

Since the Congress is unable to override President Clinton's sure veto, the issues of land sovereignty, state rights, property rights, and individual freedom must be addressed by the General Assemblies of the states, as provided in our Constitutions. Enclosed is a draft copy of the Indiana Sovereignty Protection Act.

It is not intended this draft be in the final form. For example, the State of New York allows County Governments to approve land purchases by state agencies via a local hearing process. This draft contains no such provision for local government oversight. With our legislature out of session most of the year there are certainly many justifications to give local government oversight in land designations and purchases by state agencies.

It is intended this draft raise the quality of the debate to include the traditional world view of our founding fathers which are preserved today in our Constitutions. It is also intended our

unique American world view be contrasted with the current world view being disseminated by globalists. The globalist world view proselytizes that all human rights, including property rights, are held collectively, and emanate from government. Under this world view government, not man, is the Sovereign with inalienable rights. This pagan world view is the underlying philosophy of all Marxist, fascist, and socialist governments.

The Indiana Sovereignty Protection Act, if passed, will use state law to close a major loop hole special interests and regulators are using to place designations upon state and private lands and waters. Since most state codes have not anticipated anyone placing foreign designations upon private and state lands and waters byproclamations, agreements, or executive orders, there are no procedures to follow. Special interests and regulators are using this loop hole to simply write and implement their own procedures for placing designations upon private and state lands and waters.

First, and foremost the Indiana Sovereignty Protection Act affirms the Sovereignty of the People and the State of Indiana in matters of private and state lands and waters.

Second, the Indiana Sovereignty Protection Act establishes a procedure to be followed by anyone seeking a designation upon private and state lands or waters.

• This procedure imposes the full force of our Republican Form of Government in the process, starting at the local level, then to the legislative, then to the executive.

• Any damage claims are resolved, not by a political special interest unit, but instead by the local judicial branch where the property rights of Citizens are most likely to prevail, especially in jury trials.

• This procedure protects the balance, and separation, of power provided in our Constitutions.

• This procedure prevents special interests from bypassing the public forum and our elected governments.

• The hearing process establishes a record which can be used in the courts for future damage awards should regulators or special interests attempt to change the designation scope from what was stated in the original application, approved by the General Assembly, and signed into law by the Governor.

Third, the Indiana Sovereignty Protection Act establishes a funding mechanism, the designation bond, to resolve damage claims from property owners without raising taxes.

Fourth, the Indiana Sovereignty Protection Act prevents outside designations from becoming unfunded mandates upon property owners, local, and state governments by automatically terminating any designation which becomes an unfunded mandate.

Last year, while the Indiana General Assembly was out of session, there was an aggressive attempt to place millions of acres of Indiana lands and waters under federal land use management as American Heritage Rivers. This designation required a "detailed plan of action" be included with the application.

This "detailed plan of action" was to provide a time line for implementing natural resource and environmental protection, economic revitalization, and historic and cultural preservation upon private and state lands and waters. Federal regulators would use their resources to assist in the implementation of the "detailed plan of action," as required by the time line. There was no requirement for any local or state government involvement with

writing or implementing the required "detailed plan of action."

Federal regulators were to evaluate, and approve this "detailed plan of action" in light of it's compliance with the recommendations contained in the report "Sustainable America" from the Presidents Council on Sustainable Development. The Presidents Council on Sustainable Development was created by executive order shortly after President Clinton took office. It is one of almost 100 national councils of sustainable development operating under

the Earth Council, a United Nations organization, which was formed to implement Agenda 21 and the Rio Declarations, via national councils of sustainable development, in the UN member countries.

The globalist report "Sustainable America" concluded individual freedom, private property rights, national sovereignty, and free enterprise are obstacles to be modified, harnessed, or overcome. "Sustainable America" declares it's most important finding is, our current Republican Form of Government is inefficient, therefore a new government based upon a "collaborative decision process" is needed to implement the recommendations in the report. The report defines the "new collaborative decision process" as a public/private partnership between special interests and regulators which are being empowered to manage, and administer programs which implement the sustainable agenda.

"Sustainable America" has been implemented by executive order of the President in all new policies, regulations, and procedures issued by the executive branch of the federal government since April of 1997. Agenda 21 and the Rio Declarations written into "Sustainable America," such as the United Nations Biodiversity and Wildlands agendas, have never been ratified by the United States Senate.

Inspite of overwhelming opposition by property owners, County Governments, Congressman, and Senators Lugar and Coats, four Indiana river watersheds were nominated for federal managementunder "Sustainable America" as American Heritage Rivers. Two nominations came from out of state environmental groups for rivers in northern Indiana. Two nominations came from a small environmental group in southern Indiana.

The Wabash Heritage Corridor Commission, which has no authority over private and state lands or waters, has tabled for now plans to place four million acres of Indiana lands and waters under federal land use management. Foreign designations, such as those planned by the Fish and Wildlife Service for the Kankakee River watershed, are pending in Indiana.

We must stop special interests and regulators from placing designations upon Indiana lands and waters without the consent of our elected governments in violation of our laws and Constitutions. The General Assembly can stop special interests and regulators from abusing state rights and individual property rights by passing the "Indiana Sovereignty Protection Act.