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Pie N Politics » Klamath dam removal is against Congressional Laws and the Constitution_ (http://pienpolitics.com/) _http://pienpolitics.com/?p=8156_ (http://pienpolitics.com/?p=8156) Klamath dam removal is against Congressional Laws and the Constitution February 17, 2012 From: Dr. Richard Gierak 5814 Highway 96 Yreka, Ca. 96097 530 475-3212 Congressional Law and the Constitution as it relates to the KBRA and KHSA The KBRA and KHSA, demanding removal of four hydroelectric dams on the Klamath River, promoted by the Departments of Interior, Commerce and the California Fish and Game Commission are in direct violation of the following Congressional Acts. “Wild and Scenic Rivers Act” passed in 1961 “Magnusson Stevens Act” passed in 1976 “Sustainable Fisheries Act” passed in 1996 “Dormant Commerce Clause” as part of the Constitution of the United States The release of 20 million cubic yards of toxic sludge into the Klamath River will violate the “Wild and Scenic Rivers Act” by changing values present in the designated river at the date of designation in 1981. Historical documents state that before the dams the Klamath River, in a drought year, would revert to marshes and swamps and thereby would not qualify as a Wild and Scenic River. The Magnusson Stevens Act and the Sustainable Fisheries Act, passed by Congress, specifically states that a listing of a species as endangered can only have authority to modify water and substrate only. This is the definition of Essential Fish Habitat which applies to all navigable waterways in the United States. Dams are neither water nor substrate and therefore may not be considered for removal or modification. The Dormant Commerce Clause states that a State may list any species as Endangered, however, on a navigable river they have no authority to impose any regulatory action. Only a Federal listing of endangered can initiate the Essential Fish Habitat actions. Based on the above violations of Congressional Law and the Dormant Commerce Clause in the Constitution the KBRA and KHSA may not proceed and should be abandoned.
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