Hospitals & Asylums    


Ruling Regarding the Threatened Endangered Species Act HA-7-10-05


By Anthony J. Sanders


As the House author of the Endangered Species Act, I am saddened to report that this cornerstone environmental law is in greater peril now than it has been in its 30 year history. Defending this common sense law will require a diligence the likes of which we have not witnessed before."
Congressman John Dingell (D-MI)


We have no choice but to meet this challenge. We must leave a better world for our children and their children.

- Governor Arnold Schwarzenegger (R-CA) at the UN World Environment Day Conference in San Francisco June 1-5 2005


Eminent domain is the inherent power of a governmental entity to take privately owned property, especially land, and convert it to public use, subject to reasonable compensation for the taking.
- Black’s Law Dictionary 7th Ed. 2000

(1) At 5:15 ET on Thursday, September 29, the Threatened and Endangered Species Recovery Act (TESRA) H.R. 3824 passed with a vote of 229 to 193. 158 Democrats, 34 Republicans, and 1 Independent opposed the bill. The Senate has chosen to hear the bill and we hope they will repeal the majority of it under Art. 1(7) of the US Constitution after a,

“Public Meeting Regarding the Unlawful Intrusion into the Habitat for Endangered Species by the Violation of Rules and Regulations of the ESA Presented by the Threatened and Endangered Species Recovery Act H.R. 3824 of 2005 with consideration given to Amending the Bill”.

(2) The impartiality and applicable specialization of the Organization of American States Office of Sustainable Development and Environment (OSDE) and proximity to the Senate, in Washington DC, and the US Fish and Wildlife Service (FWS) in Arlington, VA make them a highly respected counsel for the occasion.  The OAS OSDE, US FWS and US Senate should set a date and collectively invite representatives from the affected scientific and business community with the authors of the Bill to a Public Hearing in order to vote on line item veto of amendments and draft amendments to the Endangered Species Act of 1973 that everyone can agree too.

(3) The technical amendments under the Threatened and Endangered Species Recovery Act of 2005 are too lacking in debate to support any long term investment strategies of the legislature, at this time, and many sections of the Bill need to be repealed.

(4)   Except as otherwise expressly provided, whenever in this Ruling an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of the Threatened and Endangered Species Recovery Act of 2005 HR3824, the reference shall be considered to be to that Bill as it applies to the Endangered Species Act of 1973 (16USC(35)§1531 et seq.).


(5) To lend more authority to ESA the following sentence should be inserted at the end of what is redesignated paragraph 16 of 16USC§1532 Definitions, “The term Secretary, as used in this Chapter without specific indication of the specific Department, is equally applicable to the Director of the Fish and Wildlife Service (FWS)”. 


Sec. 3. Definitions.

(a) The best available scientific data clause is an acceptable amendment to the definitions at 16USC§1532 and should be numbered paragraphs 2(A)&(B) causing all subsequent paragraphs to be renumbered .

(b) The amendment regarding permit or license applicants to the definition at 16USC§1532 and should be numbered, as redesignated, paragraph 13, and should combine the qualities of both HR3824 and the ESA of 1973 to read, “The term ''permit or license applicant'' means, when used with respect to an action of a Federal agency for which exemption is sought under section 1536 of this title, (insert) ‘any person that has applied to such agency for a permit or license or for formal legal approval to perform an act' or any person who has applied to such agency for a permit or license and has been denied primarily because of the application of section 16USC§1536(a) of this title to such agency action”.

(c) Conforming Amendment- Section 7(n) (16USC§1536(n)) is amended by striking `section 3(13)' and inserting `section 3(14)' is acceptable

(d) Conforming Amendment- Section 3 (16USC§1532) is further amended in paragraph (18), as redesignated, by striking `Trust Territory of the Pacific Islands' and inserting `Commonwealth of the Northern Mariana Islands'.


Sec. 4. Determinations of endangered species and threatened species.

(a) The first amendment is redundant and makes no changes.

(b) Recognizing the Federal government protection efforts and new terminology are acceptable amendments to 16USC§1533(b)(1)(A)

(c) Amendments recognizing the use of biennial reports in the review of the list every 5 years is an acceptable amendment to 16USC§1533(c)(2)

(d) This amendment writes over the designation of critical habitat and takes authority from the determination of endangered species and replaces it with unprofessional reporting dogma regarding impact and benefits whose analysis is more professionally known as costs and benefits.  This amendment to 16USC§1533(a)(3) is illegal and must not pass.


Sec. 5. Repeal of critical habitat requirements (This entire section can be repealed because it seeks to eliminate scientific dialogue regarding critical habitat)

(a) The Repeal is hereunder vetoed.

(b) (1) seeks to delete the definition of endangered species and must be repealed.  The term ''endangered species'' means any species which is in danger of extinction throughout all or a significant portion of its range other than a species of the Class Insecta determined by the Secretary to constitute a pest whose protection under the provisions of this chapter would present an overwhelming and overriding risk to man. 16USC(35)§1532

(2) Seeks to repeal critical habitat designation and substitute an empty reporting regime and must not pass.

(3) Seeks to repeal dialogue regarding critical habitat decisions and must not pass.

(4) Is unnecessary and must be repealed.

(5) Seeks to eliminate legislation regarding critical habitat debates and must be repealed.

(6) Seeks to eliminate discussion regarding the range of endangered species and must be repealed.

(7) Is meaningless as the amendment has been overturned and must be repealed.

(8) Is meaningless as the amendment has been overturned and must be repealed.

(9) Is more elimination of cognizance regarding habitat and must be repealed.

(10) Seeks to amend unacceptable amendments, is therefore confusing, and must be repealed.


Sec. 6. Petitions and procedures for determinations and revisions.

(a) Seeks to do away with the recognition of which scientific works are warranted and must be repealed.

(b) The only acceptable amendment of this unredesignated section is to append (1)(A)(iii) that supports the authentic modernization of Internet publication, the rest should be repealed, after 16USC§1533(5)(A)(ii).


Sec. 7. Reviews of listings and determinations (acceptable)


Sec. 8. Secretarial guidelines; State comments.(acceptable)


Sec. 9. Recovery plans and land acquisitions (acceptable)

The name of section 16USC§1534 should be changed from “Land Acquisition” to “Recovery Plans and Land Acquisition”

In paragraph (b) of the amendments strike “without regard to taxonomic classification”


Sec. 10. Cooperation with States and Indian tribes.(acceptable) 16USC§1535


Sec. 11. Interagency cooperation and consultation (amendments are unacceptable because they eliminate interagency co-operation) 16USC§1536


Sec. 12. Exceptions to prohibitions (acceptable) 16USC§1539


Sec. 13. Private property conservation (acceptable) Sec. 13 Conforming Amendments is well amended with a section named, “Private Property Conservation of FWS Endangered Species Act


Sec. 14. Public accessibility and accountability (acceptable) Sec. 14 Repealer is well amended with a section named, “Public Accessibility and Accountability” of FWS Endangered Species Act


Sec. 15. Annual cost analyses (acceptable) 16USC§1544


Sec. 16. Reimbursement for depredation of livestock by reintroduced species


The initial repeals must be overturned.  The Senate should negotiate with the Departments of Interior, Commerce and Agriculture, in regards to the estimated annual cost for 2005-2010 of endangered species related conservation projects to be inserted the appropriate sentences of Sec. 15 Authorization of Appropriations. 


The section named, “Reimbursement for depredation of livestock” should be instead numbered Sec. 19 at the end of the FWS Endangered Species Act


Sec. 17. Authorization of appropriations (unacceptable as it fails to do Sec. 15 of the FWS Endangered Species Act justice by continuing the annual cost estimates).


Sec. 18. Miscellaneous technical corrections (acceptable)


Sec. 19. Clerical amendment to table of contents  of the FWS Endangered Species Act .


(1) It is acceptable to change the title of “Land Acquisitions” to “Recovery Report and Land Acquisition”

(2) The rest of the changes to the Table of Contents are not acceptable however it must be changed to read,

Sec. 13 Conforming Amendments may be amended to read, “Private Property Conservation”

Sec. 14 Repealer is amended to read, “Public Accessibility and Accountability”

Sec. 19 Reimbursement for depradation of livestock (new)

Sec. 20 for the Contents of the Sec. 13 Conforming Amendments and a summary of amendments of the Threatened and Endangered Species Recovery Act of 2005.

Sec. 21 for the  Repealer


Sec. 20. Certain actions deemed in compliance (is not an amendment requiring scrutiny)


Sec. 21. Consolidation of programs (acceptable) it is a good idea to consolidate programs and delete Department of Commerce from the definition of Secretary 16USC(35)§1532 (15)


Sec. 22. Review of protective regulations:  This is an acceptable process for the Secretary of the Interior to exercise the line item veto of this Ruling before the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate, but might not be sufficient due to the conflict of interest between FWS scientists and the author’s of this Bill.


Sec. 23. Provision of information regarding compliance costs of Federal power administrations (not relevant to the veto).


Sec. 24. Survey of BLM lands and Forest Service lands for management for recovery of listed species (not relevant to the veto)


Sec. 25. Relationship between section 7 consultation and incident take authorization under Marine Mammal Protection Act of 1972 (not relevant to the veto)


(6)  Everyone is welcome to peruse the Hospitals & Asylums (HA) website at  To subscribe or unsubscribe to Hospitals & Asylums monthly e-journal, consult with the author, or pay - make a request in writing to  People who have already been served are registered to receive the unsolicited quarterly and may unsubscribe or be unsubscribed, at any time.  This ruling is justified in the HA Battle Mountain Sanitarium Reserve policy regarding Unlawful Intrusion of Reserves and Violations of Rules and Regulations at 24USC(3)V§154 from whence this claim for $1,000 arises.


(7) Tony Sanders was elected President of the University of Cincinnati Earth Company in 1998 and Vice President in 1999 before he was deposed for disorderly conduct hosting a Higher Education Act Rally shortly before graduating with a degree in International Relations in 2000 when he began researching Hospitals & Asylums (HA) full time.  Sharon Sanders graduated with highest honors from the same college in 1999 with a degree in biology, she has worked with the Fish and Wildlife Service, on and off, since 2001 and earned a Masters in Ethno Botany at Kent University in the United Kingdom.  This treatise was drafted by Tony at Sharon’s request.


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Citation: Sanders, Tony. Hospitals & Asylums. Ruling Regarding the Threatened Endangered Species Act. HA-7-10-05


Done this 7th Day of October 2005