Wednesday, December 21, 2016

Castrating the Outer Continental Shelf Lands Act of 1953

As another Lame Cherry exclusive in matter anti matter.

The Obama regime, intent on inflating energy prices for their green terrorists and oil terror cartel cronies, has stolen large sections of America from Americans for the "Obama legacy" again, in the same treasonous Standing Rock terrorism in the dead of winter.

Invoking a rarely used provision in federal law, the Obama administration on Tuesday announced a permanent ban on offshore drilling in broad parts of the Arctic and Atlantic coasts – a sweeping and controversial move that will help secure the president’s environmental legacy, though there are questions about whether it will survive in the next administration.
The ban relies on the Outer Continental Shelf Lands Act of 1953, which gives the president authority “from time to time” to withdraw federal waters from oil and gas development that are not already leased.

The direct quote is from the Act in the following section, reposted here.

29 of 59
1341. Reservation of lands and rights
Withdrawal of unleased lands by President:
The President of the United States may, from time to time, withdraw from disposition any of the unleased lands of the outer Continental Shelf. 

The situation is that NO American President has ever used this Act to permanently steal resources and jobs from America, endangering American national security. It is typical of this criminal Obama regime to bastardize the law of America meant to actually develop energy resources, instead of banning energy development.

image Obama "thinks" according to it's phd egg head experts that it can steal these resources, but the fact is there are caveats all through this Act in various sections to check any out of control regime.

In this section, there are provisions that the Secretary, meaning of Interior can notify a Governor of anything which affects the Continental Shelf, and after that notification the Secretary can recommend changes, which the President can then implement.
Put it this way, Secretary Zinke contacts the Governor of Alaska who states this Obama mandate places undue stress on Alaska, Secretary Zinke then recommends a reversal of this Obama dictatorial land grab, and President Trump overturns it.

Federal action affecting outer Continental Shelf; notification; recommended changes:
The head of any Federal department or agency who takes any action which has a direct and
significant effect on the outer Continental Shelf or its development shall promptly notify the Secretary of such action and the Secretary shall thereafter notify the Governor of
any affected State and the Secretary may thereafter recommend such changes in such action as are considered appropriate.

This section provides for at least in this section the States have not had any of their claims negated. This could be construed as much for the States, as much as Obama grabbing lands illegally.

State claims to jurisdiction over submerged lands:
Nothing contained in this section shall be construed to alter, limit, or modify any claim of any State to any jurisdiction over, or any right, title, or interest in, any submerged lands. 

This section is the Achilles Heel against Obama mandates, as if one reads exactly what is stipulated, all fissionable materials are not covered in any Obama ban. Reading the stipulations in the Atomic Energy Act of 1946, nothing can be banned which is peculiarly essential to the production fissionable materials.

It is postulated that oil and natural gas are peculiarly essential to the production of nuclear material. It requires hydrocarbons to mine and transport nuclear material, and as electricity is essential, that also includes natural gas in electrical plants.

Obama's mandate can be castrated on this link.
Source materials essential to production of fissionable materials:
All uranium, thorium, and all other materials determined pursuant to paragraph (1) of subsection (b) of section 5 of the Atomic Energy Act of 1946, as amended, to be peculiarly essential to the production of fissionable material, contained, in whatever concentration, in deposits in the subsoil or seabed of the outer Continental Shelf are reserved for the use of the United States.  

In the final stipulations to castrate the Obama mandates, Governors can make recommendations to Secretary Zinke whenever there is a not a reasonable balance between national interests and the Citizens of any State affected by any Obama mandates.

There is an Equal Protection Clause in the Constitution, meaning that as in this Act, that a President can not have dictatorial rights in one section of a law, without being checked and balanced in every section. A Governor having right or a Secretary having rights in one section can not be banned from rights in another section.

Acceptance or rejection of recommendations:
The Secretary shall accept recommendations of the Governor and may accept recommendations of the executive of any affected local government if he
determines, after having provided the opportunity for consultation, that they provide for a reasonable balance between the national interest and the well-being of the citizens of the affected State.
For purposes of this subsection, a determination of the national interest shall be based on the desirability of obtaining oil and gas supplies in a balanced manner and on the findings, purposes, and policies of this subchapter. The Secretary shall communicate to the Governor, in writing, the reasons for his determination to accept or reject such Governor’s recommendations, or to implement any alternative means identified in consultation with the Governor to provide for a reasonable balance between the national interest and the well-being of the citizens of the affected State. 

All that requires to be done is for Secretary Zinke to recommend to the President that the Obama dictates place an undue burden on National Security and on the States.

All that requires to be done is for President Trump to sign an order which states:

Be it known that for the National Security of America, in the exploration and production of fissionable materials, that linked to this is hydrocarbon fuels to power engines and to generate electricity.

President Donald Trump.

It will be a glorious day that these Obama reprobates be sent packing in their 3rd world dictatorship making genocidal warfare on America and Americans.
From the disgusting Michelle Obama telling Oprah Winfrey that she will teach a real Lady like Melania Trump how to be First Lady, to this latest Obama land grab, are the Obama legacy of the monkeys in the zoo thinking they are the primates with brains, because we keep feeding them bananas.

Nuff Said