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Two people touting themselves as supporters of sports and recreation are traveling around the state trying to raise opposition to a bill granting sweeping powers to the U. S. Department of Homeland Security within 100 miles of the nation's borders.
"I think everybody is in favor of a secure border. It's common sense, " Helena writer Ben Lamb said in an interview with the Havre Daily News Wednesday. "The question is, is this federal overreach? "
Lamb, a former director of the Montana Wildlife Association and a board member of Helena Hunters and Anglers Association, and Brady-area rancher Joe Perry said they are contacting newspapers across the state to air their concerns. The two said they want people with concerns about the bill to contact Rep. Denny Rehberg and Sens. Max Baucus and Jon Tester — the bill now will be considered in the Senate — and let them know.
Perry agreed with Lamb that giving broad authority to one agency within 100 miles of the border raises major concerns.
"Any time this has ever happened, it's a wreck, " he said.
The bill, House Resolution 1505, is touted by supporters as a way to prevent "turf wars" with federal agencies stifling the actions of Homeland Security agencies like the U. S. Border Patrol, and waives Homeland Security from having to abide by some environmental laws such as the National Environmental Policy Act, the Endangered Species Act, the National Historic Preservation Act, the Antiquities Act of 1906, the Wild and Scenic Rivers Act and the National Wildlife RefugeSystem Administration Act of 1966.
See the full text of the bill as amended here.
The bill prohibits the secretaries of the Department of the Interior and the Department of Agriculture from impeding, restricting or prohibiting activities of Homeland Security to achieve "operational control" of land under their jurisdiction within 100 miles of an international border.
Supporters of the bill say its purpose is to provide security and prevent terrorists, illegal immigrants and illegal drugs from crossing the border.
"This bill, which is absolutely necessary to secure our borders against illegal immigrants, drug dealers, human traffickers and terrorists, is much more carefully crafted than what the Senate passed in 2009," Rehberg said in a press release Wednesday. "I call on our Senators to stop playing partisan games with national security and support this effort like they have in the past.
The release also cites numerous supporters, including Ted Denning, retired deputy chief from the Havre Sector of the U. S. Border Patrol, Public Lands Council President John Falen, National Association of Former Border Patrol Officers, National Border Patrol Council, and Mary Ann Murray, Montana area director of Women Involved in Farm Economics.
"It would be a shame if election year politics got in the way of good policy like H. R. 1505. This bill is about securing our borders and keeping our families safe from terrorism …, " Murray said in the release. "Opposing it would be irresponsible, and opposing it for purely political reasons would be almost treasonous. "
But Perry and Lamb said they are not aware of the problem the bill is trying to solve — particularly in Montana. They cited testimony by Secretary of Homeland Security Janet Napolitano and Custom and Border Protection officials saying that the environmental laws and other federal agencies have not been hurting securing the nation's borders. Agreements between Homeland Security and Interior and Agriculture already are in place.
"I think early on, right after 9-11, … there was probably some confusion and there were probably some dropped balls …, " Lamb said. "Honestly, the previous administration (under President George Bush) addressed this, and it seems to be working.
"To us, it's a solution looking for a problem, " he added.
"It begs the question, what is it we're trying to fix? " Perry asked.
They said, as sportsmen, their main concern is that at some point in the future Homeland Security might start restricting access to public land, preventing hunting, fishing, hiking and other activities.
Supporters of the bill point out that it prohibits restricting legal activities such as "grazing, hunting, mining, or public-use recreational and backcountry airstrips. "
But Lamb and Perry said they can't imagine how the bill would work without some restrictions on activities.
"How can you enforce that... if they decide that an area is critical to their operations? " Perry asked.
Supporters of the bill say opposition is coming from organized environmental groups, already active in this year's Senate campaign.
But Lamb and Perry said they are just members of groups of sportsmen and landowners concerned that the bill could cause problems.
Lamb and Perry also said they have tried on several occasions to meet or talk with Rehberg since he cosponsored the bill in May 2011 and were involved in 10 sports groups requesting at the end of April this year for Rehberg to hold a listening session about the bill. They have not received a response on their requests, they said.
Rehberg spokesman Jed Link said this morning that the representative has held listening sessions, including one in Havre in July 2010, where any issues could be raised. The topics at those sessions have included border security, he said.
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