Did Tracey Potter Use Your Tax Dollars To Lobby The Federal Government?

Here’s an update for those of you following the controversy over the National Heritage Area land designation that is effecting over 500,000 acres in North Dakota. Previously it’s been revealed that land owners weren’t notified that their land was going to be managed, and that state Senator Tracy Potter may have fibbed to Congress about public support for the designation as well as to the IRS about lobbying activities, now it appears as though Potter and his Northern Plains Heritage Foundation may have used your federal tax dollars to lobby.
Something that is specifically forbidden by federal law. From the North Dakota Policy Council:

According to Northern Plains Heritage Foundation’s 2007 IRS Form 990, the foundation’s only revenue was a $62,000 federal grant. The Form 990 also lists the foundation’s program expenses for 2007. One of the expenses listed is Potter’s trip to testify at a congressional subcommittee, which cost $8,446.22. You can read his testimony by clicking HERE.
According to Open Secrets.org, in 2007 the Northern Plains Heritage Foundation (NPHF) hired the Greystone Group to lobby for passage of the National Heritage Area designation. What isn’t clear is how much the NPHF actually paid the Greystone Group. On Open Secrets.org it simply states “Less than $10,000.”
There are two questions that need to be answered: 1) Was Potter’s testimony considered lobbying? 2) Did the NPHF pay the Greystone Group any money?

I’m not enough of a legal expert to say whether or not Potter’s testimony is considered lobbying (I’m inclined to say that it isn’t, or if it is that it shouldn’t be), but as to the second question the answer is almost undoubtedly “yes.” I doubt very much that the Greystone Group is in the habit of offering its services for free.
And if Potter’s group paid them to lobby, and if the only revenue for Potter’s group was the $62,000 federal grant as listed on disclosure forms, Potter and his group have a serious problem on their hands.
Stay tuned for more.

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  • http://Array conundrum

    From the act establishing the heritage zone. It seems as private property owners can opt out. That said potter was suppose to get approval from local gov’t, including county, city, and town ship. I was wondering what is Potters salary in all of this. Nothing like setting up a non-profit with the help of some powerful friends and collecting the salary.
    There is a section that says any fed money must be matched 50-50 with other sources. The other sources and how they benefit will let everyone know who is really behind this. Enviromentalists , anti-coal, or is Potter not going to do anything and just
    collect the $.

    SEC. 8. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
    (a) Notification and Consent of Property Owners Required- No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until–
    (1) the management entity notifies the owner of the private property in writing; and
    (2) the owner of the private property provides to the management entity written consent for the preservation, conservation, or promotion.
    (b) Landowner Withdrawal- Private property included within the boundary of the Heritage Area shall immediately be withdrawn from the Heritage Area if the owner of the property submits a written request to the management entity.
    SEC. 9. PRIVATE PROPERTY PROTECTION.
    (a) Access to Private Property- Nothing in this Act–
    (1) requires any private property owner to allow public access (including Federal, State, or local government access) to the private property; or
    (2) modifies any provision of Federal, State, or local law with regard to public access to or use of private property.
    (b) Liability- Designation of the Heritage Area shall not impose any liability on, or to have any effect on any liability under any other law of, any private property owner with respect to any persons injured on the private property.
    (c) Recognition of Authority To Control Land Use- Nothing in this Act modifies the authority of the Federal Government or State or local governments to regulate land use.
    (d) Participation of Private Property Owners in Heritage Area- Nothing in this Act requires the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area.

  • Wing Chun Geologist
  • 2Hotel9

    Rob, you caught that lie from coconutbrains quickly. The final wording compels property owners to not only participate, it requires them to pay extra for the privilege. Plus heaping confiscatory fines for any who attempt to remove themselves from the program.

    But that is OK! coconutbrains is all about stealing American’s property and jailing people for exercising their Constitutional Rights.

  • conundrum

    Thanks Rob. I need to go back and see what version of the bill I looked at. Have you ever figured out what Potter is paid for this?
    2/9 Once again you show your brilliance. Let me bow down before you as a god of repartee.

  • conundrum

    thanks

  • Wing Chun Geologist

    Do bears shit on Dino?

    Dino pays extra for the kinky stuff.

  • sayanything-4625

    They’re some things even a bear won’t do!

  • 2Hotel9

    I saw both texts posted over at resistnet, I’ll see if it is still open.

  • http://sayanythingblog.com robport

    Conundrum, a that language you posted above didn’t make it into the final version of the bill.

    In 2005, Sen. Dorgan initiated a bill S. 1544 to establish the Northern Plains Heritage Area in the 109th Congress.

    http://northernplainsheritage.org/Legislation.htm.

    Pay special attention to Section 8, requirements for inclusion of private property, item (b):

    “Landowner withdrawal — Private property included within the boundary of the Heritage Area shall immediately be withdrawn from the Heritage Area if the owner of the property submits a written request to the management entity.”

    The bill never made it out of the Senate Natural Resources Committee in the 109th Congress.

    The bill was resurrected in the 110th Congress, as S. 2098, without Section 8 (b) which allows you to petition, in writing, to be removed from the inclusion area.

    So property owners can’t back out.

  • http://sayanythingblog.com robport

    Thanks Rob. I need to go back and see what version of the bill I looked at.

    You probably looked at the one Potter’s Northern Plains Heritage Foundation has posted on their website. It’s from the 109th Congress. The bill passed in the 110th (current) Congress.

    So they’re misleading people by having that posted.

    Once again you show your brilliance. Let me bow down before you as a god of repartee.

    Meh. It’s a collaborative effort. I learn from the back and forth. I wasn’t aware that the Northern Plains Heritage Foundation had an old version of the bill on their website until you brought it up.

  • http://suitepotato.blogspot.com/ sayanything-4808

    Rob:

    Did Tracey Potter Use Your Tax Dollars To Lobby The Federal Government?

    Do bears shit on Dino?

    A move as stupid as all this… I’d say a serious ethical lapse and breaking of law to do it would be right in line with the overall situation.

    The question is, will the government actually take itself to task here and my guess is that we’ll hear the slow sweeping sound of stuff going under rugs.

  • http://sayanythingblog.com robport

    There is still something fishy here. If it’s that easy for the land owner to opt out, why do they even need this? Why not just use the existing method for government taking private land?

    And Potter went about this all the wrong way.

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