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
* *
Block EPA & Corps Wetlands Jurisdiction Over Your Water & Land
*Do You Want The EPA &Corps In Your Backyard?*
Do you want the EPA & Corps jurisdiction over all forest roads?
If Not, Here’s Why You Need The
*“Preserve The Waters Of The US Act” (S-2245)*
Below are action items to protect your water and your land as well as
roads on Federal land. But first, read this:
* *
-----The EPA wants to lift the ban that prevents Washington , DC
bureaucrats from regulating non-navigable waters.
-----Lifting the navigable ban, passed by Congress to protect
families, small businesses and farmers from federal bureaucrats
seizing their water or their land, would devastate economic and
recreational activity as well as small communities across the U.S.
------You need to insist that Congress not remove the requirement set
by Congress in the original Clean Water Act that said the EPA and
Corps *can only regulate “navigable waters”*. The EPA and Corps
want to eliminate the word “navigable” and give the EPA and Corps
jurisdiction over “all waters of the United States and all
activities affecting all waters of the United States .”
-----If the ban is lifted, when it rains, your backyard or farm
becomes a minefield of Washington red tape and taxes.
-----If you’re a farmer, when it rains, your backyard becomes a
bonanza for Washington , DC bureaucrats to go on your property to
force you from doing activities like building a swimming pool,
installing a bird bath, running rainwater away from your home,
irrigating your fields, installing stock watering ponds and many
more.
-----If you’re a suburban homeowner, when it rains, the water in
your backyard allows Washington , DC bureaucrats on your property to
block you from doing basic things without a permit that can cost
thousands of dollars and long delays causing great damage.
-----Congress blocked attempts by former Congressman James Oberstar
(D-MN) and former Senator Russ Feingold (R-MN) from passing the Clean
Water Restoration Act, which would have lifted the “navigable”
ban. As with the EPA and Corp, Oberstar and Feingold tried to remove
the word “navigable” from the Clean Water Act.
-----Despite Congress not changing the law, the Obama EPA and Army
Corps of Engineers are attempting to remove this key protection for
families, small business and farmers by issuing an internal guidance
document to agency bureaucrats telling them it is now OK to regulate
non-navigable waters on people’s property throughout the United
States. The Obama folks seem to care less
about how they are ignoring two Supreme Court decisions.
-----The Preserve The Waters of the US Act (S-2245) would stop
Washington overreach and block any further attempt to issue
“guidance” to agency bureaucrats that says it is OK to regulate
non-navigable water in people’s backyards and farms.
*Preserve the waters of the u.s. Act (S-2245)*
*Purpose:* To preserve existing rights and responsibilities with
respect to waters of the U.S.
* *
*Background:* In May 2011, the Environmental Protection Agency (EPA)
and Army Corps of Engineers (Corps) issued draft guidance on
“Identifying Waters Protected by the Clean Water Act.”
This guidance document, which was sent in final form to OMB on
February 21, 2012, significantly changes and expands what features
are considered protected under the Clean Water Act and makes
substantial additions, such as a first time inclusion of ditches and
other water features that may flow, if at all, only after a heavy
rainfall.
EPA and the Corps received over 230,000 comments from the public on
their guidance, discussing the potential consequences of the draft
guidance to governments, businesses, and landowners. They have not
responded to the comments.
EPA and the Corps estimate that between 2 – 17% percent of
non-jurisdictional determinations under current practice would be
jurisdictional using the expanded tests of the new guidance.[1]
<#_ftn1>
This guidance has clear regulatory consequences and goes far beyond
being simply advisory guidelines.
*The legislation (S-2245) prevents EPA and the Corps from using this
/guidance/ to change legal responsibilities under the Clean Water
Act.*
*-----Regulation through Guidance:* By issuing a guidance document as
opposed to going through the rulemaking process, EPA and the Corps are
bypassing the necessary public outreach required under the
Administrative Procedures Act and failing to fully consider the
legal, economic, and unforeseen consequences of their actions.
* *
*-----Applies to all Clean Water Act (CWA) Programs:* In addition to
the Corps §404 dredge and fill permits, the guidance applies to all
CWA programs including §303 water quality standards, §401 state
water quality certifications, §311 Oil Pollution Act (including
SPCC), and §402 program (including NPDES permits, pesticide general
permit, and storm water).
*-----Increasing Permits: *EPA and the Corps affirm that this
guidance will result in an increase in jurisdictional determinations
that will result in an increased need for permits. In addition to
more Corps §404 permits, State-permitting authorities will be faced
with more NPDES permits and more entities will be subject to CWA
requirements.
*-----Economic and Job Impacts:* Additional regulatory costs
associated with changes in jurisdiction and increases in permits will
erect bureaucratic barriers to economic growth, negatively impacting
farms, small businesses, commercial development, road construction
and energy production, to name a few.
*-----Impact on State on Local Governments:* Changes to the “waters
of the U.S. ” definition may have far-reaching effects and unintended
consequences on a number of state and local programs. The guidance
creates significant unfunded mandates and preempts state and local
authority.
*-----Conflicts with Supreme Court Rulings:* The guidance uses an
overly broad interpretation of the /Rapanos /decision. The effect is
virtually all wet areas that connect in any way to navigable waters
are jurisdictional. Both the plurality opinion and Kennedy rejected
this assertion in /Rapanos/.
* *
*-----Private Property Rights:* Expanding federal control over
intrastate waters will substantially interfere with the ability of
individual landowners to use their property.
* *
*-----Action Items:*
* *
*-----1. It’s critical to get some of the Senators below as
co-sponsors of the Preserve The Waters Of The US Act (S 2245). *You
need to call, fax and e-mail your Senator (s) listed below to urge
them to cosponsor the Preserve The Waters Of The US Act.
-----2. For more information about S 2245 type in to Google the
following search term: Preserve The Waters Of The US Act.
-----3. Please forward this message to at least 10 other people. Your
whole list if possible.
The best thing to do is write a letter with your letterhead and
either fax it or e-mail it to your Senator (s). They don’t like
attachments so call ahead to ask for the staff person who handles the
Clean Water Act and Wetlands issues. Ask for his personal e-mail and
send him your letter.
* *
We’ve listed the fax of each Senator along with one or more staff
with their e-mail address. You may phone any Senator at (202)
224-3121. If the e-mail or fax does not go through, call the Senator
at the number above to ask for the correct information. Be sure to
pass any corrections along to American Land Rights.
Be sure to note that there is an underscore between the first and
last name of each staff person listed below. For example:
paul_wilkins@.
* *
Kelly Ayotte (D-NH) -- F-(202) 224-2952 E-mail:
adam_hechavarria@ayotte.senate.gov
Max Baucus (D-MT) – F-(202) 224-9412 E-mail:
paul_wilkins@baucus.senate.gov
Scott Brown (R-MA) -- F-(202) 229-2646 E-mail:
nat_hoopes@scottbrown.senate.gov
Susan Collins (R-ME) -- F-(202) 224-2693 E-mail:
rob_epplin@collins.senate.gov
Kent Conrad (D-ND) –F-(202) 224-7776 E-mail:
tom_mahr@conrad.senate.gov
Al Franken (D-MN) –F-(202) 224-0044 E-mail:
Benjamin_olinsky@franken.senate.gov
Lindsey Graham R-SC) – F-(202) 224-3808 E-mail:
sergia_sarkany@lgraham.senate.gov
Kay Hagan (D-NC) – F-(202) 228-2563 E-mail:
mike_harney@hagan.senate.gov
Tim Johnson (D-SD) –F-(202) 228-5765 E-mail:
todd_stubbendieck@johnson.senate.gov
Mark Kirk (D-IL) – F-(202) 228-4611 E-mail:
Patrick_magnuson@kirk.senate.gov
Amy Klobuchar (D-MN) –F-(202) 228-2186 E-mail:
travis_talvitie@klobuchar.senate.gov
Mary Landrieu (D-LA) – F-(202) 224-9735 E-mail:
Elizabeth_craddock@landrieu.senate.gov
Joe Manchin (D-WV) –F-(202) 228-0002 E-mail:
Patrick_hayes@manchiin.senate.gov
Claire McCaskill (D-MO) – F-(202) 228-6326 E-mail:
Stephen_hedger@mccaskill.senate.gov
Ben Nelson (D-NE) – F-(202) 228-0012 E-mail:
kate_gotsdiner@bennelson.senate.gov
Rob Portman (R-OH) – F-(202) 224-9558 E-mail:
Steve_kittredge@portman.senate.gov
Mark Pryor (D-AR) – F-(202) 228-0908 E-mail:
Kristin_sharp@pryor.senate.gov
Olympia Snowe (R-ME) – F-(202) 224-1946 E-mail:
don_green@snowe.senate.gov
Jon Tester (D-MT) – F-(202) 224-8594 E-mail:
james_wise@tester.senate.gov
Mark Warner (D-VA) – F-(202) 224-6295 E-mail:
neeta_bidwai@warner.senate.gov
Jim Webb (D-VA) – F-(202) (202) 228-6363 E-mail:
david_bonine@webb.senate.gov
These Senators are already co-sponsors of
The Preserve The Waters Of The US Act (S 2245).
Sen Barrasso, John [R-WY] (sponsor)
Sen Alexander, Lamar
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Alexander++Lamar%29%29+01695%29%29>
[R-TN] - 5/10/2012
Sen Blunt, Roy
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Blunt++Roy%29%29+01464%29%29>
[R-MO] - 3/28/2012 *
Sen Boozman, John
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Boozman++John%29%29+01687%29%29>
[R-AR] - 3/28/2012 *
Sen Chambliss, Saxby
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Chambliss++Saxby%29%29+00188%29%29>
[R-GA] - 3/28/2012 *
Sen Coats, Daniel
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Coats++Daniel%29%29+00209%29%29>
[R-IN] - 3/28/2012 *
Sen Coburn, Tom
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Coburn++Tom%29%29+00212%29%29>
[R-OK] - 3/28/2012 *
Sen Cochran, Thad
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Cochran++Thad%29%29+00213%29%29>
[R-MS] - 3/28/2012 *
Sen Corker, Bob
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Corker++Bob%29%29+01825%29%29>
[R-TN] - 3/29/2012
Sen Cornyn, John
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Cornyn++John%29%29+01692%29%29>
[R-TX] - 3/28/2012 *
Sen Crapo, Mike
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Crapo++Mike%29%29+00250%29%29>
[R-ID] - 3/28/2012 *
Sen DeMint, Jim
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+DeMint++Jim%29%29+01605%29%29>
[R-SC] - 5/16/2012
Sen Enzi, Michael B.
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Enzi++Michael+B.%29%29+01542%29%29>
[R-WY] - 3/28/2012 *
Sen Grassley, Chuck
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Grassley++Chuck%29%29+00457%29%29>
[R-IA] - 3/28/2012 *
Sen Hatch, Orrin G.
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Hatch++Orrin+G.%29%29+01351%29%29>
[R-UT] - 5/15/2012
Sen Heller, Dean
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Heller++Dean%29%29+01863%29%29>
[R-NV] - 3/28/2012 *
Sen Hoeven, John
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Hoeven++John%29%29+02079%29%29>
[R-ND] - 3/28/2012 *
Sen Hutchison, Kay Bailey
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Hutchison++Kay+Bailey%29%29+01368%29%29>
[R-TX] - 3/29/2012
Sen Inhofe, James M.
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Inhofe++James+M.%29%29+00583%29%29>
[R-OK] - 3/28/2012 *
Sen Isakson, Johnny
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Isakson++Johnny%29%29+01608%29%29>
[R-GA] - 3/28/2012 *
Sen Johanns, Mike
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Johanns++Mike%29%29+01899%29%29>
[R-NE] - 3/28/2012 *
Sen Johnson, Ron
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Johnson++Ron%29%29+02086%29%29>
[R-WI] - 3/28/2012 *
Sen Kyl, Jon
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Kyl++Jon%29%29+00655%29%29>
[R-AZ] - 3/28/2012 *
Sen Lee, Mike
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Lee++Mike%29%29+02080%29%29>
[R-UT] - 3/29/2012
Sen Lugar, Richard G.
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Lugar++Richard+G%29%29+01387%29%29>
[R-IN] - 3/28/2012 *
Sen McCain, John
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+McCain++John%29%29+00754%29%29>
[R-AZ] - 5/15/2012
Sen McConnell, Mitch
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+McConnell++Mitch%29%29+01395%29%29>
[R-KY] - 3/28/2012 *
Sen Moran, Jerry
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Moran++Jerry%29%29+01507%29%29>
[R-KS] - 3/28/2012 *
Sen Murkowski, Lisa
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Murkowski++Lisa%29%29+01694%29%29>
[R-AK] - 5/10/2012
Sen Paul, Rand
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Paul++Rand%29%29+02082%29%29>
[R-KY] - 3/28/2012 *
Sen Risch, James E.
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Risch++James+E.%29%29+01896%29%29>
[R-ID] - 3/28/2012 *
Sen Roberts, Pat
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Roberts++Pat%29%29+00968%29%29>
[R-KS] - 3/28/2012 *
Sen Rubio, Marco
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Rubio++Marco%29%29+02084%29%29>
[R-FL] - 3/28/2012 *
Sen Sessions, Jeff
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Sessions++Jeff%29%29+01548%29%29>
[R-AL] - 3/28/2012 *
Sen Shelby, Richard C.
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Shelby++Richard+C.%29%29+01049%29%29>
[R-AL] - 5/16/2012
Sen Thune, John
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Thune++John%29%29+01534%29%29>
[R-SD] - 3/28/2012 *
Sen Toomey, Pat
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Toomey++Pat%29%29+02085%29%29>
[R-PA] - 3/28/2012 *
Sen Vitter, David
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Vitter++David%29%29+01609%29%29>
[R-LA] - 3/28/2012 *
Sen Wicker, Roger F.
<http://www.congress.gov/cgi-lis/bdquery/?&Db=d112&querybd=@FIELD%28FLD004+@4%28%28@1%28Sen+Wicker++Roger+F.%29%29+01226%29%29>
[R-MS] - 3/28/2012 *
Thank you for your help.
Chuck Cushman, American Land Rights
ccushman@pacifier.com
Look Chuck Cushman and American Land Rights up on Google by typing in
the following search terms: Chuck Cushman, Charles Cushman, Charles S.
Cushman, American Land Rights Association, National Inholders
Association and League of Private Property Voters.
*Social Networking Update: * The American Land Rights Association has
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Executive Director Chuck Cushman is on Facebook.com.
You can also find American Land Rights Association and Chuck Cushman
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American Land Rights is on Twitter as AmLandrights.
Chuck Cushman is also on Twitter under ccushman98604
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Please forward this urgent message widely.
[1] <#_ftnref1>
“Potential Indirect Economic Impacts and Benefits Associated with
Guidance Clarifying the Scope of Clean Water Act Jurisdiction.”
April 27, 2011
http://water.epa.gov/lawsregs/guidance/wetlands/upload/cwa_guidance_impacts_benefits.pdf
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