PLOW NEWSLETTER
OCTOBER 1999
PLOW has been involved in several activities since the last news- letter. The Mt. Hope Trout Pond issue has had some movementsome good, some not so good. The National Natural Landmark designation in the Baraboo Hills of Sauk County has been an ongoing project for members in that area, and the rail-to-trails movement has resulted in a class action suit involving Wisconsin.
MT. HOPE TROUT POND
On July 2, we received a letter from Sen. Schultz and Rep. Brandemuehl stating that the DNR
had agreed to establish a new pond to replace the Mt. Hope Pond. The compromise seemed very fair. The DNR would develop a new pond that it would stock. The Woodman Boat Landing was the proposed site. The County already maintains this area and the DNR requested that local sports groups also help with maintenance. The DNR also agreed to discontinue its work at the present pond until the details regarding the new site were finalized.
Mr. Schultz and Mr. Brandemuehl felt that this was a worthy solution and so did we. In fact, PLOW felt that this was a win-win situation for everyone involved.
We called the DNR and asked for a meeting to start the process moving. Just about this same time we received a letter from Rep. Brandemuehl stating that the whole project was on hold because the Bureau of Endangered Species had found an endangered minnow at the boat landing site. Mr. Brandemuehl stated in his letter "I am personally angered by this development and have appealed to Secretary Meyer for his intervention in helping to resolve this matter."
We were also angered and disgusted by this development. Many of you may have seen the letter to the editor that appeared in several local newspapers where we questioned this development. Within the last ten years the spring at the boat landing dried up during a drought. Dead fish were lying on the banks of the spring as the water supply diminished to nothing. The question then becomes where did this minnow come from? Did it come from the Wisconsin River? Did it come from the Trout Pond? Did the Bureau of Endangered Species check the Trout Pond before it was drained to see if there were any endangered minnows, frogs, turtles or whatevers there prior to the draining?
The DNR must answer these and similar questions before we can believe that this was anything besides a fortuitous coincidence.
We will keep you informed through the newsletter and the local papers as this situation continues to play itself out.
WHERE IS TOMMY WHEN YOU NEED HIM?
On March 5, l999 a group of landowners who live within or adjacent to the Aldo Leopold National Wildlife Refuge petitioned Gov. Thompson to deny the U.S. Fish and Wildlife Service approval of the Reserve based on Wis. Stats. Ch1.035 (1) which states that "any land acquisition by the government of the U.S., or of land and water, shall first be approved by the governor Gov. Thompson did not even do the petitioners the courtesy of replying to their petition! What happened to govt. of the people, for the people, by the people let alone common courtesy and abiding by the laws of the state?
ECO-TERRORISTS TARGET WISCONSIN FUR FARMERS AND AG BUSINESSES
The release of mink from various fur farms around the state and the burning of the United
Feeds in Plymouth, WI has led Assemblywoman Barbara Gronemus to introduce legislation in WI to increase the penalty for the unauthorized release of animals to a Class C felony and make the offender liable for damages and legal fees. The bill has passed the Assembly and is now awaiting Senate action. Write or call your state senator asking that he/she support this bill.
The animal rights terrorists must pay for their violations of human rights that include the right to engage in lawful business activities.
RAILWAY RIGHT OF WAY SUBJECT OF CLASS ACTION SUIT
During the widespread expansion of railroads through out the U.S., railroad companies were granted easements for railroads with the promise that if and when the lines were abandoned the property would revert to the original owner or descendants or subsequent owners of the land involved.
As thousands of miles of railroad lines have been abandoned, the railroad companies have arbitrarily or have been coaxed into turning these rights of way over to recreationalists or to tele- communications companies for the laying of fiber-optic cables.
As the result of a court ruling in Kansas, states including Iowa and Wisconsin are filing class action suit in the Federal Court of Claims in Washington, DC.
(Trumpet Call, July/Aug. l999)
PLOW members in northern Wisconsin have been fighting this battle for several years. We know that the Military Ridge Trail from Verona to Dodgeville is along an abandoned rail line. Several other proposed hiking/biking trails have been proposed in the state as well as the snowmobile trail in the Hurley area.
These easements were given in good faith to the railroad companies as the railroads opened up more and more areas of the state and country. The advent of the automobile and subsequently the trucking industry has made most of these lines unnecessary and unprofitable. When the rail companies formally abandoned these thousands of miles of track, the land should have reverted to the present owners. However, the greens saw an opportunity to grab land for their agenda and pressured various local and state officials to "take" this land for their purposes without compensation to the landowners.
AT&T has found out that this is not going to pay. In Indiana AT&T paid $25,000 a mile to the railroad companies to lay fiber optic cables in abandoned rail rights of way. On May 12, l999, AT&T settled a class action suit brought by Indiana property owners for the equivalent of $200 million. While this suit at present affects only Indiana property owners it is expected that suits filed is other states will accomplish the same results for property owners across the nation. Indiana landowners will receive $45,000 per mile from AT&T in the settlement.
"This settlement is a blow to rails-to-trails groups which have been active in selling fiber optic companies on the whole idea of laying cables in abandoned rights of way where trails groups have tried to advance the federal Railsto-
Trails act, 16 U.S.C. 1247 (d). Court suits will be filed against any government agency or private group that have involved themselves in selling any rails-to-trails-type rights of way," says Dale E. Anderson, Ex. Director of National Association of Reversionary Property Owners (NARPO) in the July/Aug. l999 Trumpet Call.
If you have abandoned rail- road lines on your property, contact
the law firm of Zelle, Hofman, Voelbel, and Gette in Minneapolis, phone number 612-339-2020. The attorneys who are involved with the Wisconsin class action suit are John Massopust and Rick Hagstrom. The class action is primarily concerned with fiber optic lines placed on abandoned railroad property but this may be the time to question other railroad line abandonment issues.
BARABOO HILLS NATIONAL NATURAL LANDMARK DESIGNATION
PLOW members Claire Rischmueller, Bill Weitzel, and Ruth Bender spearheaded a move to inform landowners in the townships in the designated area that their land was included in a National Park Service designation as a National Natural Landmark area. The landowners were "notified" via a small notice in one local newspaper that they had 90 days to opt out of the designation. If they did not opt out, their property would become part of the Baraboo Hills National Natural Landmark area. Ironically this area lies between the former Badger Ordinance property and the Aldo Leopold Preserve.
The NSP and other groups mainly The Nature Conservancy tried to tell landowners that the designation meant nothing and that no restrictions would be placed on their rights to use their property. PLOWs question then was, if that is the case why have the designation in the first place? The NSP and TNC had no answer other than it would be an "honor" to have your property so designated!
PLOW had an open meeting on the NNL designation at the Sauk County Courthouse in Baraboo in July. So many concerned landowners turned out that a wall had to be removed between two rooms to accommodate everyone.
Our unofficial estimate of the crowd was 200 people. Ironically the NSP also called a meeting on the same night at the same place on the same subject. Their attendance was estimated at perhaps 20 people with many of those persons who went to hear what they had to say before coming to our meeting.
PLOW asked that any landowner opting out of the NNL send a copy of the opt out to us. We received nearly 100 copies and we are sure that many people did not send a copy to us. If 50 percent of the landowners in a NNL designation opt out, the designation is cancelled. At this time PLOW does not know if we reached that number.
Under the Freedom of Information Act, we are asking the NSP for a list of everyone who choose to opt out. The NSP reported that perhaps 200 had opted out yet the local post offices said the requests for certified mailings led them to believe the number was much higher.
In a recent development, citizens of the Baraboo area NNL are receiving a letter from the Regional Director of the National Park Service that begins "Dear National Natural Landmark Owner." Most of the persons receiving the letter have opted out of the NNL. The letter contains the usual government reassurances that this program "does not involve regulated land use by the Federal government." Yet in the very next paragraph this statement appears: "We are also responsible for consulting with other Federal agencies that may be considering an action that could affect the nationally significant resources within a NNL."
If that statement doesnt leave the door open for future regulation under any number of government regulatory actions, nothing ever has or will. Just like the Mt. Hope Trout Pond situation, an endangered minnow, fly, or double crested quack grass will be found in the area and here comes the NFWS and their regulations and gone are the private property rights of the landowners.
Gene and I visited upper New York state recently and saw first-hand how one of these designated areas spread from 2 to 6 million acres.
This nature preserve started out with a 2 million-acre preserve surrounded by "buffer" zones. With deadly regularity the buffer zones were appropriated into this "wilderness forever" preserve until it reached its present size of 6 million acres and still more land is being added as buffer zones. We drove 225 miles and were on one edge! The only highways were the main roads that were there before the preserve. We did not see one county crossroad. We did see dying villages composed of run down homes and closed businesses. The influx of those money-spending tourists does not and cannot support the businesses and individuals who formerly made their living from that land. The only place that seemed to be prospering was Cooperstown with the Baseball Hall of Fame and some other smaller tourist attractions. The tax base is gone and will never be replaced. The unemployment rate in that area of New York is 7 percent. People are driving up to two hours each way to find jobs. Is this what we want in Baraboo?! In Wisconsin?
The Conservation and Reinvestment Act (CARA-HR-701 or S-25) could make billions of dollars available for land acquisition. We must stop this bill or we may have sealed the fate of rural America, as we know it. Please write or call your Washington legislators and tell them enough land is in government hands now. The NSP will use this money as the opening to green groups to target thousands of acres in NNL areas as preserves or parks. The NSP itself calls these NNL areas as "ladies in waiting" for the expansion of the National Park System.
Right here in Wisconsin the greens through the DNR are trying to expand the Stewardship fund to between $350 to $500 million for land acquisition. The question that is starting to get more and more attention nationwide and should here in Wisconsin also is who pays the taxes when this land is taken by a governmental body. Our DNR tells us that they pay taxes on the land they own but that is really just a ruse. The money they pay goes for school taxes but not for all the other expenses that townships and counties accrue. Also it never goes up because nothing ever goes up on that property. No new barns, or houses, or businesses to generate additional property taxes or additional income taxes. Let your state legislators know that the state does not need any more land.
NEXT ON THE "GREEN" AGENDASOUNDS AND LIGHT
According to the Wisconsin State Journal, July 3, l999, the NSP is taking steps to halt noise in national parks and wilderness areas. Wes Henry a natural resource specialist at the agencys ranger division is writing a new "soundscape preservation" policy. Some of the sounds that are under attack are snowmobiles, jet skis, motor boats, cars, airliners, and other human noisesI wonder if that will include talking.
It probably will, as Secretary Babbitt is attempting to placate environmentalists as the 2000 presidential election approaches
by banning to most public use five (5) million acres of federal land in six states. In many cases, all recreational uses would be banned except walking and meditating.
(Trumpet Call, July/Aug l999)
Henry says that human noises (again we wonder, does that include talking) make it harder for frogs to hear potential mates peeping, or mask the airy whistle of hawk feathers alerting a vole that its about to become lunch.
With this logic in mind your flight from Madison to Seattle might have to take a detour down through Texas, across Mexico, out over the Pacific and then some how land in Seattle without causing sound pollution over any environmentally sensitive portion of the U.S. Or is this one hidden step in the stated aims of the Kyoto treaty to reduce
energy use and "global warming" by limiting the use of energy consumption in developed countries. Cant fly those airplanes without fuel, cant fly over sensitive areas, cant drive in national parks, cant take out your jet skis or motor craft, cant talk in national parks or wilderness areas. You can walk (remember no squeaky shoes) and meditate.
Babbitt, Gore, and company are achieving their goals of making national parks and wilderness areas out-of-bounds for everyone but those people who are physically able to walk in, around, and out of these national treasurers---for the rest of us too bad!
If you read a daily paper regularly, you have probably seen recent articles on light pollution of the atmosphere. It seems the night skies in urban areas have so much light pollution that people cannot see the stars. NSP policy mandates
that parks protect "scenic vistas, natural quiet, and clear night skies."
Cities and urban areas have also become involved in the idea of night light pollution. As a result, a proposed airport in Nevada is under attack for both the noise and light that will "destroy the publics ability to hear the natural sounds of the California desert and night visibility over Mojave would be degraded."
The increased lighting in cities and urban areas certainly does make it more difficult to see the beauties of the night sky but the increase has been brought about by the need for areas to as well lighted as possible. Cities and urban areas have responded to the increase in personal crime of all kinds by providing well-lighted streets and parking lots. A new reflector on lights that prevents the light from going up into the sky and instead concentrates it downward is one solution that has been tested.
One simple answer to this problem in cities is very simpleget rid of lighted outdoor advertising. If you have ever driven through Madison or any other larger city at night, you know that the glare of various signs along with the streetlights, stop lights, and car lights actually make it difficult to see. Im sure that businesses in these cities of all sizes would not like this solution but if people want safety and want to see the night sky this would be a place to start. My worst case
scenario of a governmentally proposed solution would be that all rural, i.e. farmyard lights will be eliminated and the cities will go on as usual.
ALLIANCE FOR AMERICA
At the AFA annual board of directors meeting, Shirley Luebker was appointed regional director for the Lake States region of AFA. The states include WI, MN, OH, IL, IN, and MI.
The Alliance was organized in St. Louis in l990. Six of the 80 founders were from PLOW. The Alliance consists of grassroots organizations from all states except Hawaii. It is made up of those who produce and extract the resources needed to feed, clothe, shelter, and provide recreational areas for the citizens of their nation and the world.
If you belong to any organizations involved in these areas such as logging, farming, building, recreation, encourage your group to join the Alliance. An ant by itself cannot move a twig, but hundreds of them can move a log.
The next AFA Board of Directors meeting will be in Sept. 2000 in Madison.
MEMBERSHIPS AND SCHOLARSHIPS
Membership in PLOW runs from April 1 to March 31 of each year. If you have a 00 or above on your address label, your membership is paid until March 31, 2000 or later. If you have any other number on the label, your membership is due. We will be "pruning" our membership list with the next newsletter and dropping all members who have not renewed since 1998. One reason we need to do this is the cost of postage and the number of incorrect addresses that result in returned newsletters. The post office charges PLOW for those returns and that can be costly if too many newsletters are returned. Our membership dues are
till just $10 a year.
The PLOW scholarship information for high school seniors in counties bordering the Lower Wisconsin Riverway will be arriving at your local high schools within the next few weeks. If you have a child or grandchild(ren) who are seniors this year and who are planning to attend a college, university, technical college, or a two-year university center, please encourage them to apply for this cash scholarship.
WAR ON "WEEDS"-- THE ELIMINATION OF NON-NATIVE FLORA
In 1998 Interior Secretary Babbit launched a verbal war on "weeds." He described them as "invaders" on American soil, which he alleged, are threatening the purity of Americas home-grown plant life.
In Feb. 1999, Pres. Clinton followed Babbits lead and issued Executive Order 13112 which authorized all-out elimination, wherever and whenever possible of non-native flora in America. This would include the Japanese cherry trees around the Jefferson tidal basin in Washington, DC; White poplars, Spearmint, and Peppermint plants, etc.
Vice President Gore claimed "invasive" plants were taking over 6,400 acres of U.S. soil per day. If this figure is correct, an area the size of Connecticut will have been "conquered" by alien "weeds" between now and Election Day 2000.
Fred Grau, Jr., of State College, PA notes that some of these non-native plants that are so bothersome to Babbitt, Clinton, and Gore include tall fescue which is in the lawns of millions of homeowners, sweet clover that provides bees with the makings of honey, crownvetch which is used nationwide to control roadside erosion, and birdsfoot trefoil, a valuable pasture plant for beef, lamb, and dairy cows. (It is also recommended by ASC for seeding down CRP land)
(Trumpet Call, July/Aug. l999)
If Babbitt and Gore are really looking for an invasive "weed" to control, a weed that truly is destroying pastures and other open land they have only to look at the multi-flora rose. This "weed" was introduced in large areas of the Upper Midwest during the depression as a way to control wind erosion of light soil.
When most land was farmed and cattle were in most pastureable land, multi-flora rose spread only marginally; however, that is not the case today.
As more farm are sold to larger producers and pastures are not used, as more lands are put into CRP, as more and more products are considered hazardous and taken off the market, the multi flora rose spreads and spreads and spreads. Pastures that were nearly like lawns when cattle were eating them down are now nearly impenetrable jungles grown over with this governmentally approved "alien" plant.
Requests on getting rid of this "alien" plant to the Soil Conservation Service, the Dept. of Agriculture, Trade and Consumer Prot, and local agronomists have brought a variety of answers from "yes, the government did introduce it, but no, we will not help you get rid of it; to if you spray with this product or that product that should do the trick; to there is only one thing that will kill this plant and it has been outlawed since Viet Nam." So what are we to do. We are starting to see the invasion of this plant into urban areas where it will probably be controlled because the landowner will only be dealing with one or two plants which the owner can spray regularly getting every leaf and eventually killing the plant. But that doesnt solve the problem of rural landowners, particularly farmers who may have the plant along fencerows, in pastures, and spreading into CRP ground.
If Babbitt and Gore want a cause that will get the attention of many farmers, an eradication program for multi flora rose is a top vote getter.
Let your legislators know that you think this is a bunch of hogwash!