II
Calendar No. 623
110th CONGRESS
2d Session
S. 2807
IN THE SENATE OF THE UNITED STATES
April 2, 2008
Mr. Coburn introduced the following bill; which was read the first time
April 3, 2008
Read the second time and placed on the calendar
A BILL
To protect the liberty and property of all Americans.
This Act may be cited as the
Land and Liberty Protection Act of
2008
.
Short title
This title may be cited as the
Protecting Americans From Violent
Crime Act of 2008
.
Congressional findings
Congress finds the following:
The Second
Amendment to the Constitution provides that the right of the people to
keep and bear Arms, shall not be infringed
.
Section 2.4(a)(1)
of title 36, Code of Federal Regulations, provides that except as
otherwise provided in this section and parts 7 (special regulations) and 13
(Alaska regulations), the following are prohibited: (i) Possessing a weapon,
trap or net, (ii) Carrying a weapon, trap or net, (iii) Using a weapon, trap or
net
.
Section 27.42 of
title 50, Code of Federal Regulations, provides that, except in special
circumstances, citizens of the United States may not possess, use, or
transport firearms on national wildlife refuges
of the United States
Fish and Wildlife Service.
The regulations described in paragraphs (2) and (3) prevent individuals complying with Federal and State laws from exercising the second amemdment rights of the individuals while at units of—
the National Park System; and
the National Wildlife Refuge System.
The existence of different laws relating to the transportation and possession of firearms at different units of the National Park System and the National Wildlife Refuge System entraps law-abiding gun owners while at units of the National Park System and the National Wildlife Refuge System.
The Federal laws should make it clear that the second amendment rights of an individual at a unit of the National Park System or the National Wildlife Refuge System should not be infringed.
Protecting the right of individuals to bear arms in units of the National Park System and the National Wildlife Refuge System
The Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm in any unit of the National Park System or the National Wildlife Refuge System if—
the individual is not otherwise prohibited by law from possessing the firearm; and
the possession of the firearm is in compliance with the law of the State in which the unit of the National Park System or the National Wildlife Refuge System is located.
Short title
This title may be cited as the
Government Real Estate Accountability
and Transparency Act of 2008
.
Annual report detailing amount of land owned by Federal Government and the cost of Government land ownership to taxpayers
Annual Report
In general
Subject to paragraph (2), not later than May 15, 2009,
and annually thereafter, the Director of the Office of Management and Budget
(referred to in this section as the Director
) shall ensure that
a report that contains the information described in subsection (b) is posted on
a publicly available website.
Extension relating to certain segment of report
With respect to the date on which the first annual report is required to be posted under paragraph (1), if the Director determines that an additional period of time is required to gather the information required under subsection (b)(3)(B), the Director may—
as of the date described in paragraph (1), post each segment of information required under paragraphs (1), (2), and (3)(A) of subsection (b); and
as of May 15, 2010, post the segment of information required under subsection (b)(3)(B).
Required information
An annual report described in subsection (a) shall contain, for the period covered by the report—
a description of the total quantity of—
land located within the jurisdiction of the United States, to be expressed in acres;
the land described in subparagraph (A) that is owned by the Federal Government, to be expressed—
in acres; and
as a percentage of the quantity described in subparagraph (A); and
the land described in subparagraph (B) that is located in each State, to be expressed, with respect to each State—
in acres; and
as a percentage of the quantity described in subparagraph (B);
a description of the total annual cost to the Federal Government for maintaining all parcels of administrative land and all administrative buildings or structures under the jurisdiction of each Federal agency; and
a list and detailed summary of—
with respect to each Federal agency—
the number of unused or vacant assets;
the replacement value for each unused or vacant asset;
the total operating costs for each unused or vacant asset; and
the length of time that each type of asset described in clause (i) has been unused or vacant, organized in categories comprised of periods of—
not more than 1 year;
not less than 1, but not more than 2, years; and
not less than 2 years; and
the estimated costs to the Federal Government of the maintenance backlog of each Federal agency, to be—
organized in categories comprised of buildings and structures; and
expressed as an aggregate cost.
Use of existing annual reports
An annual report required under subsection (a) may be comprised of any annual report relating to the management of Federal real property that is published by a Federal agency.
Short title
This Act may be cited as the
No Trespassing Act of
2008
.
Notification requirement
The Secretary of the Interior shall not approve a management plan for a National Heritage Area unless the local coordinating entity of the proposed National Heritage Area provides written notification through the United States mail of the designation to each individual who resides, or owns property that is located, in the proposed National Heritage Area.
Written consent requirement
With respect to each National Heritage Area, no employee of the National Park Service or member of the local coordinating entity of the National Heritage Area (including any designee of the National Park Service or the local coordinating entity) may enter a parcel of private property located in the National Heritage Area without the written consent of the owner of the parcel of property.
Short title
This Act may be cited as the
Taxpayer Property Protection Act of
2008
.
Requiring citizen approval of Government land grabs
In general
Subject to subsections (b) and (c), the Department of the Interior, the Department of Energy, and the Forest Service, acting individually or in coordination, shall not assume control of any parcel of land located in a State unless the citizens of each political subdivision of the State in which a portion of the parcel of land is located approve the assumption of control by a referendum.
National emergencies
The requirement described in subsection (a) shall not apply in the case of a national emergency, as determined by the President.
Private landowners
The requirement described in subsection (a) shall not apply in the case of an exchange between a private landowner and the Federal Government of a parcel of land.
Duration of approval
In general
With respect to a parcel of land described in subsection (a), the approval of the citizens of each political subdivision in which a portion of the parcel of land is located terminates on the date that is 10 years after the date on which the citizens of each political subdivision approve the control of the parcel of land by the Department of the Interior, the Department of Energy, or the Forest Service under that subsection.
Renewal of approval
With respect to a parcel of land described in subsection (a), the Department of the Interior, the Department of Energy, or the Forest Service, as applicable, may renew, by referendum, the approval of the citizens of each political subdivision in which a portion of the parcel of land is located.
Short title
This Act may be cited as the
Do No Harm Act of
2008
.
Guarantee of no adverse affects to citizens as a result of a National Heritage Area designation
Each National Heritage Area designation shall not take effect until the date on which the President certifies that—
the designation of each proposed National Heritage Area will not cause an adverse impact on—
agricultural or livestock production within the proposed National Heritage Area;
energy exploration and production within the proposed National Heritage Area;
critical infrastructure located within the proposed National Heritage Area, including the placement and maintenance of—
electric transmission and distribution lines (including related infrastructure); and
natural gas pipelines (including related infrastructure); and
the affordability of housing; and
with respect to each State in which there is located a proposed National Heritage Area, the total deferred maintenance backlog of the State is an amount not greater than $50,000,000, as reported by the Director of the National Park Service to the Federal Accounting Standards Advisory Board.
April 3, 2008
Read the second time and placed on the calendar