[Congressional Record Volume 142, Number 90 (Tuesday, June 18, 1996)]
[Extensions of Remarks]
[Page E1104]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SILVIO O. CONTE NATIONAL FISH AND WILDLIFE REFUGE EMINENT DOMAIN 
                             PREVENTION ACT

                                 ______


                               speech of

                         HON. HARRIS W. FAWELL

                              of illinois

                    in the house of representatives

                         Tuesday, June 11, 1996

  Mr. FAWELL. Mr. Speaker, I rise in opposition to H.R. 2909, the 
Silvio O. Conte National Fish and Wildlife Refuge Eminent Domain 
Prevention Act. This bill seeks to amend the Silvio O. Conte National 
Fish and Wildlife Refuge Act to require that the Fish and Wildlife 
Service may only acquire lands for the refuge through donations, 
exchanges, or otherwise through the consent of the landowner.
  As a former practicing attorney involved in eminent domain cases, I 
have concerns about the precedent set by this legislation. The Fish and 
Wildlife Service, like any other agency, has the power of eminent 
domain. This power, derived from the fifth amendment, assures citizens 
that their land will not be taken for public use, without just 
compensation. Current Fish and Wildlife Service policy directs such 
acquisitions only from willing sellers. In the last 10 years, less than 
2 percent of the Service's acquisitions nationwide were acquired 
through the use of eminent domain. The Fish and Wildlife Service is not 
abusing the power of eminent domain. I see no reason why Congress 
should take away the legitimate power of the Fish and Wildlife Service 
to act in the public interest.
  Mr. Speaker, I am opposed to this bill. I strongly support the 
establishment of the Silvio Conte National Fish and Wildlife Refuge, 
and the enactment of cooperative efforts to preserve the Connecticut 
River watershed. However, I urge Members to reject this measure which 
ties the hands of the Government to act in the public interest.

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