- Issue: Having been slapped down by the U. S. Supreme
Court's recent decision 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 2007 (HR2421 and S1870) 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
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- 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: <mailto:trandall@winningreen.com>trandall@winningreen.com
-
-
-
- Wetlands (HR 2421) Bill Gives Corps Control Over Your
Property
-
-
- New Wetlands Land Grab Hearing Coming In House. The
date has not been finally set yet but send your testimony anyway.
-
- Please Fill Out the Wetlands Testimony Questionnaire
Below And Forward It To your Congressman and the Committee.
-
- Deadline - February 15, 2008.
-
- If you get this message after that date, send your testimony
anyway as the hearing may be moved to March or April.
-
-
- -----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 sending 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.
-
-
-
- Clean Water Act (CWA) of 1972 expansion of power.
-
- Congress 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.
-
- This is a massive threat to all private property in America.
It also threatens the use of Federal land.
-
- Under the name "clean water" HR 2421 would
give the Corps of Engineers 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 grazing, forestry,
mining and many other uses on Federal land.
-
- -----You should send testimony again even if you sent
testimony for the previous hearing. This Testimony Questionnaire below
has been modified and updated.
-
- Below is 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 HR 2421.
-
- 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 write each Member of the Transportation
and Infrastructure Committee opposing HR 2421.
-
- -----HR 2421 is the biggest threat to private property
since CARA and actually affects far more land and people.
-
-
- -----Action Items Below
-
- We call HR 2421 the National Wetlands - Land Grab Bill.
-
- (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 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
(HR 2421) 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 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 over private property.
-
- 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.
-
- This Testimony is for the new hearing now set to take
place sometime in the next month but don't delay sending your testimony.
-
- -----You may print out a formatted version of the Testimony
Questionnaire that is below by going to <http://www.landrights.org/>www.landrights.org.
-
-
- -----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.
-
- The Testimony Questionnaire is designed so you can simply
save it into your word processing file, edit it with your comments, and
then send it to the Congressmen listed on the Committee using your e-mail
program. Be sure to edit out or cut off the parts that are not part of
the testimony. We've marked them so read it carefully.
-
- -----We agree with all the statements on the Testimony
Questionnaire, but you don't have to. You can mark it Agree, Disagree
or No Opinion.
-
- 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.
-
- Please send a copy of your Testimony, no matter how you
feel about the issue, to American Land Rights at <mailto:ccushman@pacifier.com>ccushman@pacifier.com.
-
- Write in the Subject line: Copy of Testimony Sent to
Congress. Otherwise we won't know whether you sent it to Congress or not.
And we would like to know how you feel about the issues. You do not have
to send a copy to us.
-
- -----Testimony Questionnaire - Please be sure to edit
the Testimony Questionnaire so our e-mail information and instructions
are removed.
-
- -----Committee Vote on the National Wetlands Land Grab
Bill, HR 2421, could come as early as February or March. They tried to
sneak a vote in November but your e-mails and phone calls stopped them.
-
- 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
affected by 1972 Clean Water Act
-
- -----See Action Items Below.
-
- -----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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- -----Fax, and E-mail Deadline Friday February 15th.
- Congressional Testimony Questionnaire
-
- Testimony For The Record
- HR 2421 -- Clean Water Restoration Act (National Wetlands
Land Use Control Bill)
-
-
- Honorable __________________
- US House of Representatives
-
- HR 2421, The Clean Water Restoration Act, 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 engage in activities that
might affect water.
-
- It expands the authority of the Federal government under
the Clean Water Act of 1972 to include all waters of the U.S. and activities
affecting these waters.
-
- It will give the Corps of Engineers 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 HR 2421,
the inappropriately named Clean Water Restoration Act. 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 HR 2421, the Clean Water Restoration
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. H.R. 2421
may come up for a hearing and possibly a vote in the House in February
or March. The Committee Chairman tried to rush a vote in November. It
is imperative that you act now. The Clean Water Restoration Act may be
the biggest threat to property rights and local control yet.
-
- The bill would overturn two U.S. Supreme Court decisions
that favored landowners and local government. It would give federal agencies
and the Corps of Engineers in particular almost unlimited control over
land, water and people.
-
- 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 Friday, February 15th. Ask
your Congressman to make sure it is put in the record of any upcoming hearing
on HR 2421.
-
- 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 HR 2421 through before people like you know
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 legal rights later
if you fail to comment or testify on HR 2421. So at least send this Testimony
Questionnaire and possibly a letter opposing HR 2421. It can be as short
as one page or longer.
-
- In the next section you will see a series of statements
about HR 2421
- 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" or Clean Water Act 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.
-
- We would appreciate it if you would send a copy to American
Land Rights with the words "copy sent to Members of Congress in the
subject line.
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- - - -
-
- -----Please edit this 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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- - - - - - - - - - -
- -
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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 (HR 2421).
-
- 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
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