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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


New Maps, this may be the most important e-mail we've ever sent you. 

This is a must read.   April 30 Deadline for Testimony.

New Corps of Engineers, EPA and Wetlands Testimony Questionnaire below.  

-----Action Items below:

-----New Maps showing existing Clean Water Act affected areas compared to HR 2421 Clean Water Restoration Act affected areas.

Click on www.landrights.org       

Look for HR 2421.  You'll see the maps.  They're at the top of the home page. 

You Can Still Testify for the record Against HR 2421, the Clean Water Restoration Act. 

-----Yes, this is a long e-mail.  Just read the first three pages. Then look at the Testimony Questionnaire.  If we haven't gotten your attention by then, you must think you are not affect.  But if you own land, you are affected. 

-----Congress Moves To Seize Control Of All U.S. Waters

-----The Real Goal of HR 2421, the Clean Water Restoration Act Is to give Corps and EPA Control Of All Watersheds Which Means National Land Use Control.   It will give the Corps and EPA control over your property. 

-----HR 2421 is worse than a mere return to the jurisdiction the Corps of Engineers and EPA had before the U.S. Supreme Court limited their jurisdiction.  It gives the jurisdiction to the federal government that the environmental bureaucrats only dreamed of before the Supreme Court's rulings. 

-----Besides private property, HR 2421 threatens businesses, agriculture, small communities, grazing, forestry, mining and many other uses on private and Federal land.  It will affect many kinds of manufacturing companies and businesses. 

-----Congress is considering expanding the jurisdiction 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, the Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001. 

-----Congress is also considering expanding Clean Water Act jurisdiction to include all "activities affecting these waters."  In other words, the bill is a double whammy:  It expands the definition of waters and gives the Environmental Protection Agency (EPA), Corps of Engineers (Corps) and other Federal agencies control over activities that affect waters-any land use activities. 

-----An example is that the Federal bureaucracies will gain control over all the watersheds in the United States.  That includes dry land inside or adjacent to watersheds.  That means everything.  Because all land is in a watershed.

-----And in fact HR 2421 even goes far beyond that by adding the language, "the activities affecting these waters," which is essentially a limitless national land use control provision.

 -----Chairman Oberstar and some Members of Congress are trying to overturn the U.S. Supreme Court decisions using HR 2421 to define those decisions away.

The only thing HR 2421 restores is the jurisdiction of the Corps and EPA over all the lands they had taken jurisdiction over before the two critical Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001. 

-----HR 2421 is the biggest threat to private property since CARA and actually affects far more land and people.  It seeks to overturn the critical Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001 that said the Corps of Engineers was going outside their jurisdiction. 

Now Chairman James Oberstar (D-MN) and others are trying to overthrow the Supreme Court decisions. 

-----You have until Wednesday, April 30th to get your testimony in to the House Transportation and Infrastructure Committee.  

Special Notice -----

-----You can read the Democrats and Oberstar staff Clean Water Act White Paper and the Executive Summary and Analysis written by our associate Don Parmeter of the American Property Coalition so you can see from the Democrats own words what their real goal for the Clean Water Restoration Act is.  Go to www.landrights.org.      It is right at the top of the homepage.  

------In the White Paper on the Clean Water Act you'll see how Rep. James Oberstar, Chairman of the Transportation and Infrastructure Committee and his staff laid out their plan for the Corps of Engineers and EPA to control all the watersheds in the United States.  All land is in a watershed.  HR 2421 is really national land use control. 

-----It is critical that you forward this message as widely as possible and hand out copies.   Send it to your friends, neighbors and business associates no matter where they live.  HR 2421 affects the whole U.S.

-----It became clear what Oberstar is really up to at the House Transportation and Infrastructure Committee Hearing on Oberstar's Clean Water Act Wetlands Land Grab Bill (HR 2421) on April 16th.
 
-----Rep. Oberstar is going to try to trick you into thinking everything is OK by keeping the word "Navigable" in HR 2421, but adding words to gut the meaning of it. 

-----This is called bait and switch.  You need to call, fax and e-mail your own Congressman and the others on the Transportation and Infrastructure Committee to let them know that you know about the trick and that you are going to hold them accountable for it. 

Rep. Oberstar knows that a number of Democrats on his Committee are worried about HR 2421 and he is trying to give them a place for a soft landing by leaving the word "Navigable" in the bill so their constituents will think they are still protected. 

But he is going to gut the meaning of the word "Navigable."  He is doing this to make it possible for Democrats on his Committee to vote for HR 2421without getting hammered by you.  Your Congressman must hear from you that you are not falling for this trick.  He or she must learn from you that they will be held responsible if they vote for HR 2421. 

-----Committee Chairman James Oberstar (D-MN) made it clear at the April 16th hearing that he plans to overturn the Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001.  That would give the Corps of Engineers and EPA jurisdiction over nearly all private and Federal land.  The Supreme Court limited that jurisdiction in the two Supreme Court decisions.

-----Furthermore, Oberstar is trying to push the other Democrats on the Transportation and Infrastructure Committee to support his position and vastly increase the jurisdiction of the EPA and Corps.

-----The Testimony Questionnaire below is newly updated and changed to reflect what happened in the hearing on April 16th.  Even if you sent in testimony before, you should do it again.  You should also call, fax and e-mail your Congressman, any other Congressman from your state plus all the Members of the Transportation and Infrastructure Committee with e-mails listed below.

-----You should send testimony again even if you sent testimony previously.   This Testimony Questionnaire has a lot of new parts and has been modified and updated. 

-----Make sure you ask Ranking Minority Member Mica and Committee Chairman James Oberstar to put this testimony in for the official record of the April 16th hearing on the Clean Water Restoration Act (HR 2421).  You have two weeks after the April 16th hearing until April 30th.   E-mail it to the addresses below. 

The House Transportation and Infrastructure Committee could bring HR 2421 to a vote anytime in the next month.

-----The House must be overwhelmed with testimony and phone calls over the next two weeks.  Especially call, fax and e-mail the Democrats but all Committee Members should receive your e-mails.  You have until April 30th.   You can call any Congressman at (202) 225-3121. 

-----For the most part, the Democrats are supporting HR 2421.  But they are worried about how their constituent (you) will react.   Some have real concerns about the affect of HR 2421 on their constituents.   They are worried about whether you will realize that HR 2421 really hurts you and that they will be held responsible in November if it passes Congress.  And you need to make sure they know they will be held responsible.

-----You must make it clear to them that you know HR 2421 will overturn the Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001.

That means HR 2421 will vastly expand the jurisdiction of the Corps of Engineers and the EPA.  Do you want the Corps and EPA in your backyard?  That's what will happen if HR 2421 passes Congress. 

-----We apologize for the length of this e-mail.  We are trying to put tools in your hands that you can really use to get Congress to save your private property and access to Federal lands.

In the near future we are going to begin posting all the Committee Members with their staff, e-mails and faxes on our website so instead of sending them out each time, we will send you a link if you need to get their information.  So change is coming.  Hang in there. 

For now, you need to have the fax and e-mail numbers of the Members of the Committee.  That takes up a lot of space below.  Please be patient.  We know we've got to shorten the e-mails but Congress is throwing a lot at you and your property rights at the moment.  So it is a real struggle. And you are in real danger.  But you can win if you send in testimony. 

It is critical that you take action with your Congressman and any other Congressman from your state.   Please fill out and e-mail or fax your Testimony Questionnaire to your Congressman and the other Members of the Transportation Committee listed below.  Also call them to make sure they know you oppose HR 2421 and any attempt to overturn the Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001. 

If you have already sent testimony to your Congressman, do it again because the Testimony Questionnaire below is dramatically different than what you sent before. It reflects what Chairman Oberstar and other Members of Congress said at the April 16th hearing.  Your Congressman must get hundreds of Testimony Questionnaires. 

HR 2421 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, 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. 

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.  Ask him or her to send you a copy of the letter. 


-----Action Items Below

We call HR 2421 the National Wetlands Clean Water Act - Corps of Engineers Land Grab Bill HR 2421. 

(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, reach and jurisdiction 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 (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 HR does is give the Corps of Engineers and EPA control over all private property in the US by changing the definition of "wetlands" under the Clean Water Act of 1972 expanding the regulatory reach of the Corps and EPA over private property.  

-----You must prevail on your Congressman not to let that happen. Don't assume someone else is going to do it.  You must take the responsibility to call, fax and e-mail your Congressman and the Members of the Transportation and Infrastructure Committee below.

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 Committee listed below.

Also e-mail it to your own Congressman.  Follow up with a phone call.  Call any Congressman at (202) 225-3121.  Ask for your Congressman.  Then ask for the staff person who handles Wetlands, the Corps of Engineers or the Clean Water Act. 

This Testimony is for the official record of the hearing that took place April 16, 2008 in the House Transportation Committee.  

-----Urgent Action Required

-----Below we have created a brand NEW 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 may 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 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 instructions are removed.

-----Chairman Oberstar is trying to rush this bill so a Mark-up (vote) could come as early as May or June.  They tried to sneak a vote in November but your e-mails and phone calls stopped them.

-----See Action Items Below.


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 Wednesday, April 30th for the hearing originally held April 16th in the House Transportation and Infrastructure Committee.
 
-----Congressional Testimony Questionnaire-----

Testimony For The Record
HR 2421 -- Clean Water Restoration Act (also Clean Water Act).  We call it the National Wetlands Corps of Engineers Land Grab Bill.


Honorable __________________(Write in James Oberstar and the name of your Congressman. 

I believe the Congress through the Transportation and Infrastructure Committee is moving to seize control of all U.S. waters.

The Goal Of HR 2421, the Clean Water Restoration Act Is Corps and EPA Control Of All Watersheds Which Means National Land Use Control.   It will give the Corps and EPA control over my property. 

-----HR 2421 is worse than a mere return to the jurisdiction the Corps of Engineers had before the U.S. Supreme Court limited their jurisdiction.  It gives the jurisdiction to the federal government that the environmental bureaucrats only dreamed of before the Supreme Court's rulings. 

-----Congress is considering expanding the jurisdiction 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, the Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001. 

-----Congress is also considering expanding Clean Water Act jurisdiction to include all "activities affecting these waters."  In other words, the bill is a double whammy:  It expands the definition of waters and gives the Environmental Protection Agency (EPA), Corps of Engineers (Corps) and other Federal agencies control over activities that affect waters-any land use activities. 

An example is that the Federal bureaucracies gain control over all the watersheds in the United States.  That includes dry land inside or adjacent to watersheds.  That means everything.  Because all land is in a watershed. 

Chairman Oberstar and some Members of Congress are trying to overturn the U.S. Supreme Court decisions using HR 2421 to define those decisions away.

And in fact it even goes far beyond that by adding the language, "the activities affecting these waters," which is essentially a limitless national land use control provision.

It became clear what Rep. Oberstar is really up to at the House Transportation Committee Hearing on Oberstar's Clean Water Act Wetlands Land Grab Bill (HR 2421) on April 16th. Transportation Committee Chairman Oberstar is planning to try to trick us into thinking the bill is OK.  He is planning to leave the word "navigable" in HR 2421 but trick us with words that essentially gut its meaning. 

This called bait and switch.   I know about the trick with the word "navigation" and am going to hold you accountable for it if Oberstar is successful and you vote for it.   

You must know that I understand this tactic. We are not going to be suckered by a bait and switch tactic.  I will hold you responsible if Oberstar is successful in passing HR 2421 taking the heart out of the Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001.

We understand that Rep. Oberstar is trying to give some members of his Committee a place for a soft landing by leaving the word "Navigable" in the bill so people like us will think we are protected. 

But he is going to gut the meaning of the word "Navigable."  He is doing this to make it possible for Democrats and others on his Committee to vote for HR 2421without getting hammered by their constituents.   Please understand that I am not falling for this trick.  You can expect a huge reaction if you vote yes on HR 2421.  

Committee Chairman James Oberstar (D-MN) made it clear at the April 16th hearing that he plans to overturn the Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001.  That would give the Corps of Engineers and EPA jurisdiction over nearly all private and Federal land.  The Supreme Court limited that jurisdiction in the two Supreme Court decisions.

I want you to oppose the effort of Chairman Oberstar to overturn the Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001.  I do not want the Corps and EPA to get back the jurisdiction they had before the Supreme Court decisions.  I don't want the Corps of Engineers or the EPA in my backyard.  I am urging you to vote no on HR 2421, the Clean Water Restoration Act. 

Below are additional concerns and testimony regarding HR 2421, the inappropriately named Clean Water Restoration Act.  HR 2421 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, 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.  H.R. 2421 may come up for a vote in the House Committee in May or early June. 

The Committee Chairman Oberstar 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.

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 the name of your own Congressman.  You must specifically ask that it be put in the official record of the hearing.   You must 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. The Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001.   HR 2421 would give federal agencies, the Corps of Engineers and EPA 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 Wednesday, April 30th to be included in the official record of the original hearing held April 16th.  

Ask your Congressman to make sure it is put in the record of any upcoming hearing on HR 2421.   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 HR 2421 through before people like you realize how dangerous it is. 

Below is a New Testimony Questionnaire for you to fill out and e-mail or fax back to your Congressman and the Members of the Transportation 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 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", Clean Water Act, or Corps of Engineers regulation issue by filling out this Testimony Questionnaire, writing your Congressman's name as well as that of Chairman James Oberstar 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.  Jurisdiction of the Corps and EPA under the Clean Water Act should remain the same as it is now after the two Supreme Court decisions. 

Agree...Disagree...No Opinion

--3.  Congress should not gut the word "navigable."  It should stay meaning what the Supreme Court said it meant.

Agree ... Disagree ... No Opinion

--4.  The definition of wetlands under federal jurisdiction should be limited to those areas that are permanently wet or free flowing.

Agree...Disagree...No Opinion

--5.  HR 2421 is called the "Clean Water Restoration Act", because
Committee Chairman James Oberstar is claiming the Supreme Court has misinterpreted the "original intent" of Congress to regulate all waters in the United States.   You must debunk this myth.

Agree ... Disagree ... No Opinion

--6.  By recognizing in the Clean Water Act (1972) that the States have "the primary responsibilities and rights" to eliminate pollution and determine the "development and use ... of [local] land and water
resources," Congress expressed its intent to limit federal authority.

Agree ... Disagree ... No Opinion

--7.  Congress never intended to regulate ALL waters in the US when it prohibited discharging pollutants into "navigable waters."

___ Agree  ___ Disagree

--8.  The Clean Water Restoration Act (HR 2421) is being used to try to take control over all watersheds in the United States -- that in effect is national land use control.  The Clean Water Act 1972 and HR 2421 should not be used as tools for national land use controls.

Agree...Disagree...No Opinion

--9.  The Clean Water Act of 1972 should not be expanded to include "activities affecting waters."

Agree...Disagree...No Opinion

--10.  The U. S. Supreme Court decisions (Rapanos and SWANCC) of 2006 and 2001 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

--11.  The attempt by some Members of Congress to return the Jurisdiction of the Corps of Engineers to what it was before the Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001 should not go forward.  HR 2421 must be defeated. 

Agree...Disagree...No Opinion

--12.  The U.S. Supreme Court greatly clarified the Wetlands issues in the Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001.  The Supreme Court established clear limits to the jurisdiction under the 1972 Clean Water Act.  Now some Members of Congress want to use HR 2421 to overturn  those cases and return to the chaos and intimidation by the Corps of Engineers  that was occurring before the Supreme Court stepped in.  HR 2421 must not overturn the Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001.

Agree...Disagree...No Opinion 

--13.  Mostly dry land and isolated wetlands should be excluded from federal jurisdiction under the Clean Water Act of 1972.

Agree...Disagree...No Opinion

--14.  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

--15.  The term 'discharge' should not apply to the disturbance of soils or natural materials.

Agree...Disagree...No Opinion

--16.  Citizens cited for violation of regulations under the Clean Water Act of 1972 should not face criminal penalties.

Agree...Disagree...No Opinion

--17. National Water Quality goals should be achieved without violating constitutionally protected property rights.

Agree...Disagree...No Opinion

--18. National Water Quality goals are best achieved by local and state governments, rather than by federal agencies.

Agree...Disagree...No Opinion

--19. Nat. Water Quality goals should consider priorities and costs. 

Agree...Disagree...No Opinion

--20. National Water Quality goals should consider regional differences in landscapes and other ecological characteristics.

Agree...Disagree...No Opinion

--21. 'Regulatory Takings' that devalue private property should be compensated under provisions of the 5th Amendment.

Agree...Disagree...No Opinion

--22. 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

--23. 'Environmental' organizations have become too radical and have too much power and influence over federal legislation.

Agree...Disagree...No Opinion

--24. The Clean Water Restoration Act and other environmental legislation is often not about environmental protection, but about control over land, water, and people.

Agree...Disagree...No Opinion

--25.  Please do not give the Corps of Engineers increased power to regulate more private land or allow them in my backyard.

Agree...Disagree...No Opinion

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(Your written comments here are essential if you want Members of Congress to really pay attention to this document.   You are free to use as much space as you need.  But please write some comments
below before sending this important document to Congress.)














   

               
                                          


Open space for your personal comments.













(If needed, use additional sheets or attach a personal letter)
To validate your comments please fill in completely (PRINT or TYPE) and be sure to sign.
Signature_________________________________ Name____________________________________________
E-Mail___________________________________ Fax ___________________ Phone ____________________
Address_______________________________ Town______________________ State_____ Zip____________

Please do not fail to send this testimony questionnaire even if you receive it late.


Deadline for Fax, E-mail Wednesday, April 30th.  You should e-mail or fax it early.  Don't wait until the last minute.  And don't use US Mail.  The Anthrax mail inspections in Washington are slowing the mail down by weeks and months. However, if you receive this message late, the Committee will usually accept testimony late.

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Please edit out or cut below this line before sending to your
Congressmen and others on the Transportation Committee.  Check above to make sure you have edited out our instructions before you   e-mail to the Committee and its staff.    


Action Items:

-----1.  Check to see if your Congressman is on the 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.  We have listed their individual numbers. 

-----2.  Please call, e-mail and fax your member of Congress whether he or she is on the Committee or not.  Ask him or her to oppose HR 2421, this new Federal Corps of Engineers/EPA land and power grab. 

Tell him or her you do not want Congress to overturn the Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001. You may call any Congressman at (202) 225-3121.  Ask him or her to write Members of the Transportation and Infrastructure Committee to oppose HR 2421 and send you a copy of their letter. 

-----3.  Your deadline for testimony is Wednesday, April 30th to get on the official record of the hearing held April 16th.  You must deluge your Member of Congress with calls, faxes and e-mails immediately.  Get your friends, neighbors and business associates to call. 

-----4.  Call, fax and e-mail each Member of the House Transportation and Infrastructure Committee in opposition to HR 2421.  We have provided an updated and corrected staff, phone and e-mail list below.  Staff is always changing.  If an e-mail does not work, call the staff member to get the current e-mail.  The numbers are listed below. 

-----5.  Ask any organizations or groups you are part of to fax or e-mail a letter opposing HR 2421.  Make sure they send you a copy and if you would, send us a copy too.  

-----6.  You can send testimony for the record to the following e-mail and fax addresses.  You must get your testimony in by Wednesday, April 30th/ 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 HR 2421.  So at least send a letter opposing HR 2421.  It can be as short as one page or longer. 

Address your testimony:  (Committee Address)

Honorable James Oberstar (D-MN) (Be sure to put Oberstar's name on your Testimony as well as that of your own Congressman.)
House Transportation and Infrastructure Committee
US House of Representatives
2165 Rayburn House Office Building
Washington, DC 20515.
(202) 225-4472

Because of the Anthrax postal inspections, mail to Congress can be slowed by several weeks.  Mailed testimony will not get there in time. You are safer to fax or e-mail your testimony.  The Committee fax number is (202) 226-1270.  E-mail: The committee e-mail was not working.  Here is a staff person to send your testimony to.   jon.pawlow@mail.house.gov;

You are safer to send it to the staff persons listed below to make sure they get it in case any e-mail does not work.    Call (202) 225-4472 if that e-mail address fails to work. 

-----7.  Call, fax and e-mail James Oberstar, Chairman of the House Transportation and Infrastructure Committee at his personal office.  Honorable James Oberstar, House of Representatives, Washington, DC 20515.  Fax:  (202) 225-0699.  Send e-mail to Rep. Oberstar care of the following staff persons:  bill.richard@mail.house.gov
john.schadl@mail.house.gov; chip.gardiner@mail.house.gov; meloday.hamoud@mail.house.gov; kipp.johnson@mail.house.gov;
jonathan.rucks@mail.house.gov.

-----8.  Call, fax and e-mail John Mica (R-FL), Ranking Minority
Member of the House Transportation and Infrastructure Committee.   Because the Committee Chairman, James Oberstar, is also the author of HR 2421 you may not receive favorable treatment of your testimony from him.   Also send Rep. Mica a copy of your testimony.

Address it: Honorable John Mica (R-FL), Ranking Minority Member, House Transportation and Infrastructure Committee, 2165 Rayburn House Office Building, House of Representatives, Washington, DC 20515.  Minority Phone:  (202) 225-9446.  Minority Fax:  (202) 225-6782.  Send e-mail to John Mica and Don Young (R-AK) at the Committee care of:  jon.pawlow@mail.house.govgeoff.bowman@mail.house.gov; john.anderson1@mail.house.gov

-----9.  Send a copy of your testimony to both your Senators.  The Senate version is S 1870 and is worded exactly like the HR 2421.  It is sponsored by Senator Russ Feingold (D-WI).  By wording both bills the same, they are looking to ram through this bill fast before you get a chance to get organized. 

-----10.  Ask organizations or groups in your State to send letters by fax or e-mail opposing HR 2421.  Especially those involved in farming, ranching, and anyone who owns private land.  Get copies of all the letters or resolutions to all the Members of the House Transportation and Infrastructure Committee listed below.  

-----11.  No matter where you live, but especially if you live in Minnesota or better still, in Rep. Oberstar's district, it is critical that you notify organizational leaders as well as average citizens to have them send letters and pass resolutions opposing HR 2421 to Reps. Oberstar and John Mica.  Make it clear that HR 2421 must be defeated and must not be allowed to overturn the Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001.

Also notify your state legislators and local elected officials.  You should hold local public meetings in your local area and get as many people in your area as possible informed about HR 2421.  This is especially true in Minnesota. 

-----House Transportation and Infrastructure Committee
Below is the fax and e-mail list of most of the Members of the Committee.  You need to send your e-mail to the staff person we've listed.   We've listed the individual numbers of each Comm. Member.

Chair:  Oberstar (D-MN) 42 Democrats
Ranking Minority:  Mica (R-FL) 33 Republicans

House Committee on Transportation and Infrastructure

Minority (Republican) Direct Line:  (202) 225-9446

Chief of Minority Staff - James Coon, (202) 225-9446 jim.coon@mail.house.gov--or ryan.boyce@mail.house.gov

Minority (Republicans) Fax:  (202) 226-5435

Republicans:
John L Mica (R-FL) (202)225-4035 Fax (202) 226-0821 Contact: Brian Waldrip - brian.waldrip@mail.house.gov

Don Young (R-AK) (202)225-5765 Fax (202) 225-0425 Contact: Pamela Day - pamela.day@mail.house.gov

Thomas Petri (R-WI) (202)225-2476 Fax (202) 225-2356 Contact: Lindsay Bowers - lindsay.bowers@mail.house.gov

Howard Coble (R-NC) (202)225-3065 Fax (202) 225-8611 Contact: John Mautz - john.mautz@mail.house.gov

John J Duncan Jr. (R-TN) (202)225-5435 Fax (202) 225-6440 Contact:  Ryan Temme - ryan.temme@mail.house.gov

Vernon J Ehlers (R-MI) (202)225-3831 Fax (202) 225-5144 Contact: Matthew Reiffer -matt.reiffer@mail.house.gov

Steven C La Tourette (R-OH) (202)225-5731 Fax (202) 225-3307 Contact:  Tim Lundquist - tim.lundquist@mail.house.gov

Richard Baker (R-LA) (vacant - resigned in Feb.) (202) 225- 3901 Fax (202) 225-7313 Contact:  Paul Sawyer - paul.sawyer@mail.house.gov  

Frank A LoBiondo (R-NJ) (202)225-6572 Fax (202) 225-3318 Contact:  Geoff Gosselin -Send to:  jacob.sciandra@mail.house.gov

Jerry Moran (R-KS) (202)225-2715 Fax (202) 225-5124 Contact: Alex Richard - alex.richard@mail.house.gov

Gary G Miller (R-CA) (202)225-3201 Fax (202) 226-6962 Contact: Sandra Breitengross - sandra.breitengross@mail.house.gov

Robin Hayes (R-NC) (202)225-3715 Fax (202) 225-4036 Contact: Tommy Sevier - tommy.sevier@mail.house.gov

Henry E Brown Jr. (R-SC) (202)225-3176 Fax (202) 225-3407 Contact:  Chris Berardini - chris.berardini@mail.house.gov

Timothy V Johnson (R-IL) (202)225-2371 Fax (202) 226-0791 Contact:  Stephen Borg - stephen.borg@mail.house.gov

Todd Platts (R-PA) (202)225-5836 Fax (202) 226-1000 Contact: Joe Thomas - joe.thomas@mail.house.gov

Sam Graves (R-Mo) (202)225-7041 Fax (202) 225-8221 Contact: Paul Sass - paul.sass@mail.house.gov

Bill Shuster (R-PA) (202)225-2431 Fax (202) 225-2486 Contact: Stephen Martinko - stephen.martinko@mail.house.gov

John Boozman (R-AR) (202)225-4301 Fax (202) 225-5713 Contact: Kathee Facchiano - kathee.facchiano@mail.house.gov

Jim Gerlach (R-PA) (202)225-4315 Fax (202) 225-8440 Contact: Bill Tighe - bill.tighe@mail.house.gov

Mario Diaz-Balart (R-FL) (202)225-4211 Fax (202) 226-0346 Contact:  Lauren Robitaille - lauren.robitaille@mail.house.gov

Kenny E Marchant (R-TX) (202)225-6605 Fax (202) 225-0074 Contact:  Ryan Young - ryan.young@mail.house.gov

Charles W Dent (R-PA) (202)225-6411 Fax (202) 226-0778 Contact: Pete Richards - pete.Richards@mail.house.gov

Ted Poe (R-TX) (202)225-6565 Fax (202) 225-5547 Contact: Alan Knapp - alan.knapp@mail.house.gov

Dave Reichert (R-WA) (202)225-7761 Fax (202) 225-4282 Contact: Chris Miller - chris.miller@mail.house.gov

Connie Mack (R-FL) (202)225-2536 Fax (202) 226-0439 Contact: Francis Gibbs - francis.gibbs@mail.house.gov

John R "Randy" Kuhl Jr. (R-NY) (202)225-3161 Fax (202) 226-6599 Contact:  Meredith Bircher - meredith.bircher@mail.house.gov

Lynn A Westmoreland (R-GA) (202)225-5901 Fax (202) 225-2515 Contact:  Joe Lillis - joe.lillis@mail.house.gov

Charles W Boustany Jr. (R-LA) (202)225-2031 Fax (202) 225-5724 Contact:  Terri Fish - terri.fish@mail.house.gov

Jean Schmidt (R-OH) (202)225-3164 Fax (202) 225-1992 Contact: Joe Jansen - joe.jansen@mail.house.gov

Candice S Miller (R-MI) (202)225-2106 Fax (202) 226-1169 Contact: Sean Moran - sean.moran@mail.house.gov

Thelma Drake (R-VA) (202)225-4215 Fax (202) 225-4218 Contact: Dena Kozanas - dena.kozanas@mail.house.gov

Mary Fallin (R-OK) (202)225-2132 Fax (202) 226-1463 Contact: Jeff Ringer - jeff.ringer@mail.house.gov

Vern Buchanan (R-FL) (202)225-5015 Fax (202) 226-0828 Contact: Max Goodman - max.goodman@mail.house.gov


Democrat Committee Members (We've listed only those we hope may be open minded.)

Direct line for Majority (Democrats) (202) 225-4472 Fax: (202) 226-1270

Gene Taylor (D-MS) (202)225-5772 Fax (202) 225-7074 Contact: Courtney Littig - courtney.littig@mail.house.gov

Ellen O Tauscher (D-CA) (202)225-1880 Fax (202) 225-5914 Contact:  Paul Kidwell - paul.kidwell@mail.house.gov

Leonard L Boswell (D-IA) (202)225-3806 Fax (202) 225-5608 Contact:  Susan McAvoy - susan.mcavoy@mail.house.gov

Tim Holden (D-PA) (202)225-5546 Fax (202) 226-0996 Contact: Keith J Pemrick - keith.pemrick@mail.house.gov

Brian Baird (D-WA) Fax (202) 225-3478 Contact: Andrew Dohrmann - andrew.dohrmann@mail.house.gov and
Hilary Cain - hilary.cain@mail.house.gov

Mike Michaud (D-ME) (202)225-6306 Fax (202) 225-2943 Contact: Kim thompson - kim.thompson@mail.house.gov

Russ Carnahan (D-MO) (202)225-2671 Fax (202) 225-7452 Contact: Jeremy Haldeman - jeremy.haldeman@mail.house.gov

John T Salazar (D-CO) (202)225-4761 Fax (202) 226-9669 Contact: Eric Wortman - eric.wortman@mail.house.gov

Nicholas V Lampson (D-TX) (202)225-5951 Fax (202) 225-5241 Contact:  Dan Easley - dan.easley@mail.house.gov

Zachary T Space (D-OH) (202)225-6265 Fax (202) 225-3394 Contact:  Aaron Schmidt - aaron.schmidt@mail.house.gov

Bruce Braley (D-IA) (202)225-2911 Fax (202) 225-6666 Contact: Mike Goodman - mike.goodman@mail.house.gov

Jason Altmire (D-PA) (202)225-2565 Fax (202) 226-2274 Contact: Erik Komendant - erik.komendant@mail.house.gov

Timothy J Walz (DFL-MN) (202)225-2472 Fax (202) 225-3433 Contact:  Meredith Salsbery - meredith.salsbery@mail.house.gov

Heath Shuler (D-NC) (202)225-6401 Fax (202) 226-6422 Contact: Sean O'Brien - sean.obrien@mail.house.gov

Nick J Rahall (D-WV) (202)225-3452 Fax (202) 225-3452 Contact: Erika Young - erika.young@mail.house.gov

Jerry F Costello (D-IL) (202)225-5661 Fax (202) 225-0285 Contact: Christa Fornarotto - christa.fornarotto@mail.house.gov

Harry E Mitchell (D-AZ) (202)225-2190 Fax (202) 225-3263 Contact:  Matthew Weisman - matthew.weisman@mail.house.gov

Christopher P Carney (D-PA) (202)25-3731 Fax (202) 225-9594 Contact:  Jeffrey Gabriel jeffrey.gabriel@mail.house.gov

Steve Kagen (D-WI) (202)225-5665 Fax (202) 225-5729 Contact:   Casey Frary - casey.frary@mail.house.gov

Steve Cohen (D-TN) (202)225-3265 Fax (202) 225-5663 Contact: Marilyn Dillihay - marilyn.dillihay@mail.house.gov

Jerry McNerney (D-CA) (202)225-1947 Fax (202) 225-4060 Contact:  Nick Holder - nick.holder@mail.house.gov

Laura Richardson (D-CA) (202)225-7924 Fax (202) 225-7924 Contact:  Matt Chiller - matt.chiller@mail.house.gov



You must take urgent action to help stop HR 2421.  This bill will have a huge impact on business, agriculture, small communities, rural America, farming, ranching and private lands.  It will overturn the Rapanos and SWANCC Supreme Court Decisions of 2006 and 2001.   No one who owns private land is safe. 

Your help is greatly appreciated. 

Chuck Cushman
Executive Director
American Land Rights Association
(360) 687-3087
ccushman@pacifier.com




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