Land Rights Network
American Land Rights Association
PO Box 400 – Battle Ground, WA 98604
Phone: 360-687-3087 – Fax: 360-687-2973
E-mail: alra@pacifier.com
Web Address: http://www.landrights.org
Legislative Office: 507 Seward Square SE – Washington, DC 20003
House Wetlands, Clean Water Act Hearing Thurs. Oct. 15th
New wetlands bill would give jurisdiction over all waters in US to Corps/EPA.
The Bill would give jurisdiction over all activities affecting all waters of US.
All watersheds (meaning all lands) would come under EPA/Corps.
This hearing is your last chance before a House Committee vote:
House Transportation and Infrastructure Committee Hearing on Oberstar’s Clean Water Act Wetlands Land Grab Bill (No Bill Number Yet) set for Thursday, October 15th. At 10:00 AM Eastern time. Rep. Oberstar is playing hide and seek with his bill number to forestall opposition.
See updated Committee list below with faxes and e-mails.
Webcast of hearing will be on the Web. Go to
http://transportation.house.gov
Congress Moves To Seize Control Of All U.S. Waters
From Bathtubs To Baptismal Fonts, Congress Moves To Give the Corps of Engineers and EPA Control Of All U.S. Waters
Issue: Having been slapped down by the U. S. Supreme Court’s two recent decisions that the words “navigable waters” in the Clean Water Act limited federal agencies to regulation of navigable waters only. Democrats and liberal Republicans in Congress are striking back.
They are attempting to pass the Clean Water Restoration Act of 2009 (No House Number – S 787 In Senate) that would amend the 1972 Clean Water Act and replace the words “navigable waters” with “waters of the United States.” Further, it defines “waters of the United States” with such breathtaking scope that federal agencies would be required to regulate use of every square inch of the U.S., both public and private.
The proposed definition states: “The term ‘waters of the United States’ means all waters subject to ebb and flow of the tides, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes [a flat dried up area, esp. a desert basin…] natural ponds and all impoundment of the foregoing, to the fullest extent that these waters are subject to the legislative power of Congress under the Constitution.”
Obviously, those behind this legislation have only contempt for the Constitution, limited government and private property rights. To understand what the framers of the Constitution intended, one need only look to their writings and the writings of those from whom they took wisdom and direction. A few of thousands of quotes follow:
Quote 1: “The moment the idea is admitted into society that property is not as sacred as the law of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. If ‘Thou shalt not covet’ and ‘Thou shalt not steal’ were not commandments from Heaven, they must be made inviolable precepts in every society before it can be civilized or made free.” — John Adams, A Defence of the Constitution of the United States against the Attacks of M. Turgot, 1787.
Quote 2: “What a man has honestly acquired is absolutely his own, which he may freely give, but cannot be taken from him without his consent.” — Samuel Adams, Massachusetts Circular Letter, 1768.
Quote 3: “…’tis not without reason that [man] seeks out, and is willing to join in society with others who are already united, or have a mind to unite for the mutual preservation of their lives, liberties and estates which I call by the name of property.” — John Locke, Second Treatise of Government, 1690
Quote 4: “The property which every man has in his own labor, as it is the foundation of all other property, so it is the most sacred and inviolable.” — Adam Smith, The Wealth of Nations, 1776
Comment 1: Obviously these are foreign concepts to the environmental lobby and their fellow travelers.
By Tom Randall
Winningreen LLC
3712 N. Broadway – PMB 279
Chicago, IL 60613
Phone: 773-857-5086
e-mail: trandall@winningreen.com
Action Items:
—–1. No matter what else you do, please forward this message as widely as possible to your list quickly. Time is of the essence.
—–2. Please call, e-mail and fax your member of Congress to urge him or her to ask Transportation and Infrastructure Committee Chairman Rep. James Oberstar permission to testify in opposition to the Clean Water Restoration Act at the October 15th hearing. This is the last hearing before any vote so it is critical to get as much opposition as possible.
This is really important. Get your Congressman or Senator to testify at the hearing. Oberstar will say the hearing is about enforcement by the EPA and Corps of wetlands under the two Supreme Court rulings that said the EPA and Corps could only regulate navigable waters.
But it does involve the Clean Water Act and the Clean Water Restoration Act and there will not be another hearing just on the Clean Water Restoration Act before the House Committee acts so you must act now.
—–3. Check to see if your Congressman is on the updated Transportation and Infrastructure Committee listed below. If so, you need to call, fax and e-mail him or her with white hot intensity over the next two weeks.
—–4. Ask him or her to oppose the Clean Water Restoration Act, this new Federal land and waterpower grab. You may call any Congressman at (202) 225-3121. Ask him or her to write Members of the Transportation and Infrastructure Committee to oppose the Clean Water Restoration Act and send you a copy of their letter.
—–5. Your deadline for testimony is Thursday, October 15th. . You must deluge your Member of Congress with calls, faxes and e-mails immediately. Get your friends, neighbors and business associates to call also.
—–6. Call, fax and e-mail each Member of the House Transportation and Infrastructure Committee in opposition to the Clean Water Restoration Act. It still has no number in the House but the Senate number is S 787. You can look at that bill to get a good idea what the Oberstar bill will look like.
We have provided an updated and corrected staff and e-mail list below. Staff is always changing. If e-mail does not work, call the staff member to get the current e-mail. Any Congressman can be called at (202) 225-3121. This is a little work and you don’t have much time. Failure to defeat the Clean Water Restoration Act would be a disaster for private property rights and Federal land use.
—–7. Ask any organizations or groups you are part of to fax or e-mail a letter opposing the Clean Water Restoration Act. Make sure they send you a copy and if you would, send us a copy also.
—–8. You can send your testimony for the record to the following addresses listed below. You must get your testimony in by Thursday, October 15th. Try to get your Testimony in early. Send your Testimony to both the Majority (Democrats) and Minority (Republicans).
—–Reminder — Be aware of the legal concept called “laches” or “sleeping on your rights.” You may lose legal rights later if you fail to comment or testify on the Clean Water Restoration Act. So at least send a letter opposing the Clean Water Restoration Act. It can be as short as one page or longer.
The Wetlands (No House Number Yet) Bill Gives Corps Control Over Your Property. This is a game of hide and seek by Rep. James Oberstar who is trying to get his bill passed out of his Committee and he is not formally introducing it to try to limit opposition by you. He is holding the coming hearing to try to prove that the EPA and Corps are having trouble interpreting the two Supreme Court decisions that said the Corps and EPA only had jurisdiction over “navigable waters.”
What he is trying to prove is that there is a need for his bill, the Clean Water Restoration Act, so he can get this massive land and water grab out of his Committee. You are making the difference by keeping up your pressure. Don’t stop now.
Please Fill Out the Wetlands Testimony Questionnaire Below And Forward It To your Congressman and the Committee.
Deadline – Thursday, October 15, 2009. You must get your testimony in quickly. Send it at least a few days early. Don’t wait until the last minute.
—–Apology: Yes, this e-mail is too long. But this is such an important issue and affects so many people, we felt we needed not only to explain the issue but also give you the tools to impact your Congressman. Please take the time to read it. It may be one of the most important things you do this year.
By e-mailing, faxing or mailing the Testimony Questionnaire below, you can have a profound affect on the future of land use in America and you can personally make a difference in how Congress writes the law. Don’t miss your chance to affect history.
For additional background on the Clean Water Restoration Act and maps showing what the Corps and EPA Jurisdiction are now and what they would be if the Clean Water Restoration Act passes, go to www.landrights.org.
Clean Water Act (CWA) of 1972 expansion of power.
Congress is considering expanding the power of the Clean Water Act of 1972 to include all waters of the United States and not limit it to navigable waters as is currently the law under two Supreme Court Decisions. They are going to try to overturn the Supreme Court decisions.
Language hidden in the bill also would give the Corps and EPA jurisdiction over all activities affecting the waters of the United States as well as all watersheds. That means all land since all land is in a watershed.
This is a massive threat to all private property in America. It also threatens the use of all Federal land.
Under the name “clean water,” the Clean Water Restoration Act would give the Corps of Engineers and EPA and the Federal Government massive additional regulatory powers that supercede local and state government.
People may be tempted to jump in favor of “clean water” not realizing they are trading away control over their land.
—–Besides private property, it threatens agriculture, grazing, forestry, mining and many other uses, as well as local and rural communities dependant on private and Federal lands.
—–You should send testimony again even if you sent testimony for the hearing a year and a half ago. This Testimony Questionnaire below has been modified and updated.
Below is listed the House Transportation and Infrastructure Committee. You must check to see if your Congressman is on this list. If he or she is, you need to be all over your Representative with white hot intensity. Call, Call and call again. Get your friends and neighbors to call. Also E-mail and fax.
Your Congressman must feel the pressure and know in no uncertain terms that you oppose the Clean Water Restoration Act which at this late date, has no number. The Senate number is S 787 that has passed Senator Barbara Boxer’s Environment and Public Works Committee.
If your Congressman is not on the Committee, go ahead and send the Testimony Questionnaire to the Committee Members and your Congressman.
—–Ask your Congressman to request to testify at the hearing and write each Member of the Transportation and Infrastructure Committee opposing the Clean Water Restoration Act.
—–S 787 (The Senate number) and the Clean Water Restoration Act in the House is the biggest threat to private property since CARA and actually affects far more land and people.
The Clean Water Restoration Act is the largest wetlands, water and land grab since the Alaska Lands Act in 1980 and it certainly affects more people. And this bill will hit and hurt Alaska again in a big way.
(It’s real name is the Clean Water Restoration Act but it has very little to do with clean water or restoration. It is mostly about land use control and expanding the power and reach of the Corps of Engineers and EPA under the Clean Water Act of 1972.)
What the bill supporters are doing is using the term “Clean Water,” which everybody wants, as a tool to pass legislation (Clean Water Restoration Act) that is really about land use control and has little or nothing to do with clean water. It is a huge rural land grab. Their target is land use control over all lands, both urban and rural.
What it really does is give the Corps of Engineers and EPA control over nearly all private property in America by changing the definition of “wetlands” under the Clean Water Act of 1972 vastly expanding the regulatory reach of the Corps of Engineers and EPA over private property as well as Federal lands.
Testify:
—–Take the Testimony Questionnaire below, save it to your word processor, edit it to say how you feel, and then e-mail it back to the Members of the Transportation and Infrastructure Committee listed below.
Also e-mail it to your own Congressman. Follow up with a phone call.
This Testimony is for the new hearing set to take place Thursday, October 15th, 2009.
—–You may print out a formatted version of the Testimony Questionnaire that is below by going to www.landrights.org. It’s easy. It is right on the homepage.
—–Urgent Action Required
—–Below we have created a Testimony Questionnaire for you to fill out and send to every e-mail address for Congress we have listed below for the Transportation and Infrastructure Committee. Be sure and send it to your own Congressman as well. You can call any Congressman at (202) 225-3121 to get the e-mail of a Member of his or her staff.
—–American Land Rights agrees with all the statements on the Testimony Questionnaire, but you don’t have to. You can mark it Agree, Disagree or No Opinion or add your own comments.
—–What is most important is that you fill out the blank space below the Statements with your own personal comments. You may get ideas and draw from the statements we have provided or preferably write your own. But don’t fail to fill out the blank space.
The Testimony Questionnaire is rated at a much higher value by your Congressman if you write your own personal thoughts in the space provided after the section with the statements with Agree, Disagree, or No Opinion.
So please, take the time to either borrow from our statements at the upper part of the Questionnaire or write your own. But write something in that blank space above where we have made a place for you to write your name and address toward the bottom of the Testimony Questionnaire.
—–Testimony Questionnaire – Please be sure to edit the Testimony Questionnaire so our e-mail information and instructions are removed.
—–The Committee Hearing on the Clean Water Restoration Act and enforcement issues for the EPA and Corps under the two Supreme Court decisions that took away jurisdiction of all waters that are not navigable.
The official name is the Clean Water Restoration Act but it does virtually nothing for clean water and is mostly about land use control. It would greatly expand the power of and the amount of land regulated by the 1972 Clean Water Act by the Corps of Engineers and EPA.
—–Updated — Committee Staff Members do change and we have corrected several additional committee e-mail addresses below. If you find e-mail does not work, call the Congressman’s office at (202) 225-3121 and ask for the staff person. Then ask for the correct e-mail. Send us an e-mail telling us about the correction.
Edit out all above this line before e-mailing this message.
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Testimony Questionnaire below:
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—–Fax, and E-mail Deadline Thursday, October 15th..
Congressional Testimony Questionnaire
Testimony For The Record
Clean Water Restoration Act (also Clean Water Act) and all issues related to enforcement of the Clean Water Act under the Supreme Court Decisions by the EPA and Corps.
Honorable __________________
US House of Representatives (Be sure to write the name of your Congressman and also James Oberstar, Chairman of the Committee.)
The Clean Water Restoration is really a massive Federal land and water power grab. It will use “wetlands” to take control over every farm, ranch, and piece of private property with any water on it or even if the landowner only engages in activities that might affect water.
It expands the authority of the Federal government under the Clean Water Act of 1972 and the Corps of Engineers and EPA to include all waters of the U.S. and activities affecting these waters as well as all watersheds.
It will give the Corps of Engineers and EPA control over most private property.
In the words of Reed Hopper of Pacific Legal Foundation, lead attorney in a landmark U.S. Supreme Court victory, “…this bill pushes the limits of federal power to an extreme not matched by any other law, probably in the history of this country.”
Below are my concerns and testimony regarding the Clean Water Restoration Act and Clean Water Act and the ability of the Corps and EPA to regulate both acts under the terms of the two Supreme Court Decisions. It has little to do with clean water and is mostly about land use control.
Please allow this Testimony to be submitted for the record for any additional hearings to be held on the Clean Water Restoration Act, or the Clean Water Act.
Please consider a photocopy of this document as valid as the
original and include my testimony for the official record.
Signature ________________________________
Print Your Name ______________________________
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Dear Private Property and Multiple-Use Advocate:
You must send your testimony in immediately. The Clean Water Restoration Act and Clean Water Act and their enforcement by the EPA and Corps are the subject of a Congressional Hearing in the House Transportation and Infrastructure Committee on Thursday, October 15th.
The Clean Water Restoration Act may be the biggest threat to property rights and local control yet.
Rep. Oberstar changed the rules so that if you have sent in testimony before, you need to send it again with Chairman James Oberstar’s name also on the Testimony as well as your own Congressman. You can send copies to each Member of the Transportation and Infrastructure Committee listed below.
The bill would overturn two U.S. Supreme Court decisions that favored landowners and local government. It would give federal agencies, EPA and the Corps of Engineers in particular, almost unlimited control over your land, your water and that of all your neighbors.
Reed Hopper, lead attorney in the latest Supreme Court victory for landowners said “…..this bill pushes the limit of federal power to an extreme not matched by any other law, probably in the history of this country. Jim Burling, senior attorney for the Pacific Legal Foundation, said “If our constitutional system of limited federal powers means anything, we have to win on this issue.”
It is important that you fill out the following testimony questionnaire and send it to your Congressman and all those Congressmen on the
Transportation and Infrastructure Committee listed below. It must be submitted by e-mail or fax by Thursday, October 15th. Ask your Congressman to make sure it is put in the record of any upcoming hearing on the Clean Water Act and the Clean Water Restoration Act. Do not wait until the last minute. Be sure to send your testimony in early.
Please act on this as soon as you get this e-mail message. Do not put it off until tomorrow. Tomorrow may be too late. Supporters of this bill are trying to ram the Clean Water Restoration Act through before people like you realize how dangerous it is.
Below is a Testimony Questionnaire for you to fill out and e-mail or fax back to your Congressman and the Members of the Transportation
and Infrastructure Committee in the US House of Representatives.
Be sure to check to see if your Congressman is on the Transportation Committee. This makes your Testimony even more valuable.
—–Alert — Be aware of the legal concept called “laches” or “sleeping on your rights.” You may lose future legal rights later if you fail to comment or testify on the Clean Water Restoration Act. So at least send this Testimony Questionnaire and possibly a letter opposing the Clean Water Restoration Act. It can be as short as one page or longer.
—–In the next section you will see a series of statements about the Clean Water Restoration Act that American Land Rights agrees with but you don’t have to.
This Testimony Questionnaire is about helping you get your testimony to Congress. Your Congressman and the Members of the Committee want to know what you think. It is critical that you write your responses to the statements with your opinion and not what you think we would want you to write. You are free to disagree with us.
You can add comments to each statement or change the statements to fit your preference.
You have a chance to change the course of history on the whole
“wetlands”, Clean Water Act, Corps of Engineers and EPA regulation issue by filling out this Testimony Questionnaire, writing your Congressman’s name in the appropriate place, and e-mailing it to all the Members of Congress listed below. Send it to your neighbors and friends also.
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Very Important :
—–Please save this document to your word processor, edit the document in your word processor and e-mail it or print it out and fax it to your Congressman and the other Members of the Transportation Committee listed below. Your personal comments make this document more valuable. So be sure to fill in the blank space with your own personal comments or concerns below where the section is with the Agree-Disagree statements are listed.
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–1. The jurisdiction of federal agencies under the Clean Water Act of 1972 should remain limited to navigable waters and not expanded to include all waters of the U.S., such as wetlands, sloughs, meadows, intermittent streams, prairie potholes, ponds, playa lakes, mudflats and sandflats.
Agree…..Disagree…..No Opinion
–2. The definition of wetlands under federal jurisdiction should be limited to those areas that are permanently wet or free flowing.
Agree…..Disagree…..No Opinion
–3. The Clean Water Act 1972 should not be used as a tool for national land use controls.
Agree…..Disagree…..No Opinion
–4. The Clean Water Act of 1972 should not be expanded to include activities affecting waters.
Agree…..Disagree…..No Opinion
–5. The U. S. Supreme Court decisions of 2001 and 2006 that ruled in favor of local government and landowners should not be overturned by the proposed Clean Water Restoration Act.
Agree…..Disagree…..No Opinion
–6. Mostly dry land and isolated wetlands should be excluded from federal jurisdiction under the Clean Water Act of 1972.
Agree…..Disagree…..No Opinion
–7. The definition of pollutants under the Clean Water Act of 1972 should not include clean fill or natural material of any kind.
Agree…..Disagree…..No Opinion
–8. The term ‘discharge’ should not apply to the disturbance of soils or natural materials.
Agree…..Disagree…..No Opinion
–9. Citizens cited for violation of regulations under the Clean Water Act of 1972 should not face criminal penalties.
Agree…..Disagree…..No Opinion
–10. National Water Quality goals should be achieved without violating constitutionally protected property rights.
Agree…..Disagree…..No Opinion
–11. National Water Quality goals are best achieved by local and state governments, rather than by federal agencies.
Agree…..Disagree…..No Opinion
–12. National Water Quality goals should consider priorities and costs.
Agree…..Disagree…..No Opinion
–13. National Water Quality goals should consider regional differences in landscapes and other ecological characteristics.
Agree…..Disagree…..No Opinion
–14. ‘Regulatory Takings’ that devalue private property should be compensated under provisions of the 5th Amendment.
Agree…..Disagree…..No Opinion
–15. Access to and use and enjoyment of public lands and waters should be guaranteed under provisions of the Clean Water Act.
Agree…..Disagree…..No Opinion
–16. ‘Environmental’ organizations have become too radical and have too much power and influence over federal legislation.
Agree…..Disagree…..No Opinion
–17. The Clean Water Restoration Act and other environmental legislation are often not about environmental protection, but about control over land, water, and people.
Agree…..Disagree…..No Opinion
–18. Please do not give the Corps of Engineers or EPA increased power to regulate more private land.
Agree…..Disagree…..No Opinion
–19. We do not believe there is confusion over regulation in the EPA or Corps of Engineers over the two Supreme Court decisions regarding the Clean Water Act limiting EPA and Corps Jurisdiction to Navigable waters. Congress should not overturn those two decisions.
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