http://www.regulations.gov/#!submitComment;D=IRS-2013-0038-0001
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From: http://dailycaller.com/2014/01/08/epa-overrides-congress-hands-over-town-to-indian-tribes/
“EPA overrides Congress, hands over town to Indian tribes
Michael Bastasch
January 8, 2014
Have you heard the story of the residents of Riverton, Wyoming? One day they were Wyomingans, the next they were members of the Wind River tribes—after the Environmental Protection Agency declared the town part of the Wind River Indian Reservation, undoing a 1905 law passed by Congress and angering state officials (On what constitutional authority?—my addition).
The surprise decision was made by officials of the EPA, the Department of Interior, and Department of Justice early last month, and has invoked the ire of Governor Matt Mead, who has vowed not to honor the agency’s decision and is preparing to fight in court (Normally, I would say, “This must not be true!” However, this is the Obama Administration and they seem to believe that laws are irrelevant! They know best and everything and everyone else be tossed to the side!—my addition).
‘My deep concern is about an administrative agency of the federal government altering a state’s boundary and going against over 100 years of history and law,’ Mead said in a statement. ‘This should be a concern to all citizens because, if the EPA can unilaterally take land away from a state, where will it stop (If the federal government can tell American citizens what they must buy, where does it stop? If the federal government through the courts can MURDER American citizens where does it stop? If the federal government can steal from American citizens, where does it stop? This is not new! The Obama Administration is just getting more and more perverse in its believe that government is not bound by law and morality!—my addition)?’
The EPA declared that Riverton was part of the Wind River Indian Reservation after granting a ‘Treatment as a State’ application from the Northern Arapaho and Eastern Shoshone tribes. The tribes submit such applications to get funding for air quality monitoring under the Clean Air Act. However, this seemingly innocuous application ended up undoing the tribal boundaries set by a 1905 congressional act (Not constitutionally it didn’t!—my addition).
The EPA granted the tribes’ claim that the Wind River reservation extended over one million acres of land beyond what the 1905 Congressional Act established. By doing this, the agency effectively overruled an act of Congress, state officials charge.
The worry by state officials is that turning Riverton, a town of over 10,000 people, over to the tribes will come with a slew of tax and law enforcement complications. Since Riverton is now part of the Wind River reservation, it is technically no longer eligible for state services and no longer falls under local law enforcement. Mead, however, has ordered that state agencies conduct ‘business as usual’ in regards to Riverton, meaning state services, law enforcement and regulations will continue.
‘This is an alarming action when you have a federal agency step in and start to undo congressional acts that has really been our history for 108 years … with the stroke of a pen without talking to the biggest groups impacted,’ state Senator Leland Christensen told The Daily Caller News Foundation, ‘and that would be the city of Riverton and the state of Wyoming (What say would they have? They would disagree with the EPA. Can’t have that! The EPA is also unconstitutional, by the way!—my addition).’
According to the Mead’s office, the EPA’s decision came as a surprise to him, and he only found about it from the media—not the EPA itself. This comes after Mead wrote to EPA administrator Gina McCarthy last August detailing his concerns about the implications of granting the tribes’ request to effectively override the 1905 act.
The tribes remain adamant that Riverton and the one million acres of land is theirs, arguing that state officials once supported such a conclusion. Tribal officials have criticized tthe governor’s office for changing its tune on Riverton and the reservation’s boundaries (Seems to be a disagreement that needs to be decided by the Supreme Court—original jurisdiction when a State is involved—and NOT the EPA which is nothing more than an unconstitutional executive bureaucracy!—my addition).
‘Now that the [Interior Department] and EPA have issued their determinations, state officials have changed their tune, claiming to be outraged by the decision and suggesting that the federal government has no say in such matters,’ the Northern Arapaho Business Council wrote in a letter to Mead, adding that the state’s shift in rhetoric could hurt tribe-state relations.
The dispute has received little national attention as of yet, but the Wyoming congressional delegation has written the EPA on the issue.
‘The EPA’s decision has in effect overturned a law that has been governing land and relationships for more than 100 years,’ wrote Wyoming Senators Mike Enzi and John Barrasso, along with Representative Cynthia Lummis (Oops! There it is! Wyoming is a red [Republican] State! No wonder the decision against the State! It is the Chicago way. Help your friends. Do harm to those who are not with every possible opportunity!—my addition) . ‘We are also very concerned about the political ramifications this decision could have for the tribes and the state of Wyoming.’
The boundary dispute between Wyoming and the tribes has been going on for some time now. It arose from a 2009 tax case that the state urged the courts not to drop because of the ‘implications of ruling on a boundary without the federal government and Eastern Shoshone being involved in the case,’ reports the Casper Star-Tribune.
‘We don’t have a fully binding decision,’ Deputy Attorney General Marty Hardsocg in 2009. ‘We do in the state, but the state is then put in a position of having to rely on the federal government’s view for its direction.’
‘At the end, of the day state lawyers acknowledge that this determination is a federal question and must be determined to a final point in the federal courts,’ Mark Howell, the lobbyist for the Northern Arapaho tribe, told the Star-Tribune. ‘That’s what this EPA decision will allow all parties to do.’
State courts have heard at least two cases on the boundary in the last three decades—one 1980s Wyoming Supreme Court case found that Riverton was part of the reservation, and another state high court case in 2008, which found that the town was in Wyoming.
The only problem is that the state court decisions don’t set a solid precedent, since neither case involves both tribes living on the reservation, nor the state and the federal government all at once, Howell told the Star-Tribune.
The EPA did not immediately respond to TheDCNF’s request for comment.”
Constitutionally, if this case goes to a federal court, and it seems it should, it MUST begin in the United States Supreme Court!
Article III, Section 2, ¶ 2
“In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.”
What do you think are the chances? We have not been obeying the Constitution in this area for a long time!
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This is my two part suggestion to Tea Party groups, social conservatives, Constitutionalists, and anyone else who wants to save our Republic from the approaching destruction.
1) Run as many conservative candidates in as many Republican primaries as possible.
2) Then, run as many independent and/or third party candidates as possible in as many races as possible where we did not win the primary.
That is why I am working to get the Constitution Party on the ballot in Texas. If we get on the ballot, we will have two Congressional House candidates running and two State candidates running. Getting on the ballot is the first step. Winning elections is the second. Winning elections will grow the Party. The Constitution Party is much more in line with the Tea Party movement than is the Republican Party. And I have been involved with all three!
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If elected to Congress, I will not, under any circumstances, vote for present Speaker of the House John Boehner to be Speaker of the House. I call on every Republican primary candidate running in Texas Congressional District 19 to publicly (in writing) make the same pledge. It would not be a bad idea for every Republican candidate running for the House of Representatives to give the same pledge. See my post at http://christiangunslinger3.blogspot.com on December 16, 2013 entitled “Speaker of the House John Boehner Attacks the Tea Party Again for Being Fiscally Responsible!”
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If I am elected to the House, I will use the Constitution, as written, to do everything in my power to stop judicial tyranny! Will the other candidates pledge the same? I know our present Representative has NOT done everything possible to stop judicial tyranny! Why is that?
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Competition is good for the economy and competition is good for the Republican Party!!! Competition keeps Congressmen committed to we the people!!! Primary Republicans who do not support the Constitution as written.
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