Posts Tagged → access
US Army Corps of Engineers: America’s Black Hole in Need of Cosmic Level Fixing
Because it is a relatively small part of our big military and kept in a dusty back room far from the shiny B-2 bombers, the US Army Corps of Engineers has been off the radar of legislators and commanders-in-chief alike since George Washington ended his presidency. But in the intervening 250 years since its founding, the USACE has gone from building bridges for troops and cannons, to aggressively stealing private property rights and forcing a Marxist environmentalist agenda on domestic citizens under the guise of “civil works.” Of all the federal agencies I have dealt with professionally and personally, including USEPA where I worked for seven years, the USACE has had the biggest mission creep in the worst directions of all. So, for USACE’s 250th birthday this year, can we please give Americans a gift of freedom, and see this most hidebound, insular, destructive, over-reaching, and unaccountable agency finally get the keelhaul overhaul that Americans deserve?
Not that I am rooting for Navy here, but our sacred Army has no business getting its good hands dirty with the USACE’s lawlessness. Big change must happen there, and with fresh new appointees from the Trump Administration, hope should be on the horizon. I hope these appointees are tough as nails, because they are facing a deeply entrenched bureaucracy as jealous of its ill-gotten power as any other federal agency has been, and they have the arrogant, dismissive staff culture to show for it.
USACE “manages” 12.5 million acres of formerly private land, much of it associated with water projects for hydropower, flood control, and public recreation. Sounds useful and wholesome enough: Waterskiing, fishing, hiking, families picnicking, with downstream communities protected from heavy rains up in the watersheds. Problem is, most of USACE’s flood control lakes are heavily silted in and barely functioning as advertised or designed. And probably 95% of this enormous land collection was obtained at gunpoint, through eminent domain against private American landowners, including the Seneca Nation, who still have a formal land treaty with the US government that was reached with George Washington himself, and which the USACE violated.
Absolutely nothing and no one is sacred to the USACE; not the US Constitution, not us citizens, not our property rights.
Anyone familiar with federal eminent domain knows it is rife with abuse and below-market values forced on private landowners for the most frivolous purposes. And while some federal agencies will attempt to reach willing-seller-willing-buyer agreements before going nuclear, the USACE just used legal sledgehammers against American landowners right from the get-go, because screwdrivers have never been in their toolbox.
But the situation is worse than just USACE’s rampant takings of privately owned lands that could have easily served the USACE’s goals while remaining in private ownership. Back in the 1950s-1970s good ol’ days of “Big Government Knows Best,” when the agency was most active, the USACE also stripped many of its condemned properties of their valuable subsurface oil, gas and or mineral rights, too, without paying for them. Not content with taking the surface rights for managing surface water, the agency simply took what it wanted and dared the beaten-down landowners to try to beat them in government courts. Today, millions of Americans are deprived of substantial and highly valuable subsurface private property rights at nearly every single USACE water resource project. These oil, gas, and mineral rights should be in their families’ private ownership, but are wasting away under USACE theft and neglect.
A group of military engineers and their civilian hangers-on have no business running public recreation facilities on American soil. The USACE’s job started as support of military combat troops in 1775, and it is incredible that we are having this discussion in 2025. The marrying of USACE hydroelectric dams and flood control facilities to public service recreation has not worked, because the agency’s staff developed a culture of untouchable bullies. The US military is not supposed to operate on American soil, for damned good reasons, but the USACE does so, with predictably bad results.
USACE is over-ripe for huge change. At the very least USACE needs the deep cleaning treatment of staff and structure that chief administrator Lee Zeldin is doing over at USEPA. USACE’s “civil works” must be spun off to actual civilian oversight and management in the agencies that have historically done this kind of public service and natural resource management. Nearly all of USACE’s physical assets should be moved to the Bureau of Land Management, the National Park Service, and the US Forest Service, all of which have much better track records dealing with public service than the USACE. Which is saying a lot, because all of these federal agencies have had real rough patches in their public land management history and public service interface cultures, too.
Josh First wrote his 1991 master’s thesis on the USACE’s nationwide water resource projects, and, ironically, has randomly ended up owning substantial acreages adjoining two USACE water resource projects in Pennsylvania as an entrepreneur. He will write about his own related experiences with USACE in future essays.
This essay originally appeared at American Thinker.
Please do not pet the landowner
A few weeks ago, my wife looked up, startled. Her eyes were fixated on something over my right shoulder, and then she said “There are some men on the porch. Were you expecting visitors today?”
Uh, no, I was not only not expecting any visitors that day, I was not expecting any visitors the entire weekend. Because I was alone with my wife and relishing our rare private time together in a quiet out of the way dead-end location.
Just as I stood up from the table and turned towards the front door, an older guy with a greying stubble knocked. Another guy in his fifties was standing near him, and both were dressed in casual-to-ratty-on-the-crick clothes. I did not recognize either of them, and reflexively felt for the grip of “Biden’s Lung Buster” at my side.
Opening the door and stepping outside, I buried my rumbling fury under a big steaming pile of humor: “Hi boys! You can put the free beer here on the porch and help yourselves to load of firewood on the way out.”
With big smile, of course.
The two men were nice enough, and laughed at my joke. They explained that they had been fishing down in the creek that morning and had heard a gobbler up above them on the mountain. And that had set them in motion trying to figure out a way to get to the gobbler, to hunt it, without trespassing on what they acknowledged is very clearly posted private land all around the gobbler.
After what they said was a lot of driving around and walking and consulting maps, they determined the best way to attain their goal was to drive up the posted and very long gravel driveway to the remote home nestled way the hell back in the woods, and then to knock on the door and ask permission to both hunt the gobbler at present time and in the future cross over our property to access state forest land farther up the mountain.
“You two bastards are lucky as hell I didn’t come busting out here buck naked with an AR to run you off, because the angry naked old man thing is about a hundred times worse than the gun,” I half joked.
The two interlopers chuckled at the joke, and started getting the hint. After all, the land AND the driveway are all posted for a reason. Privacy is a valuable and rare thing, and because many Americans today seem to have been raised without any manners or a sense of self-preservation, big yellow posted signs, buckets of purple paint, and gates are now a necessity to preserve what shreds of privacy people have remaining to them.
But these guys had purposefully ignored all of the legal and physical barriers designed to keep them out of my private life.
“Yeah, I have had that same bird in gun range twice this week, including earlier this morning, and I have decided to let him live, because he is a rare survivor up here,” I explained, truthfully.
Wild turkeys used to be plentiful in Northcentral PA, and for the past fifteen years they are now as rare as hen’s teeth, due to a combination of factors like mature forests and craploads of nest-raiding predators.
“Well, could we at least cross over your land to get to the state land?” the second guy asked, having taken a step backwards off the porch and onto the steps.
To which I replied with bare naked contempt: “Why would we let strangers walk through our best hunting ground so they can go hunt where they want? We leave that area as a sanctuary so we can hunt it carefully, and having people walk through it would just ruin it for our hunting, to say nothing of our privacy up here. And it is remote and quiet up here…right? Guys, there are over two million acres of public land within an hour’s drive of here, and you guys need to be here, right here, on us?”
The second guy looked chagrined, and I felt only the slightest twinge of regret for having spoken so plainly.
“Well, we thought it wouldn’t harm anything if we asked,” said the first guy, who was studying his feet.
And that’s the thing. The signs around the property and at the gate on the private driveway do not say “Hunting By Written Permission Only” or anything similar about asking for permission to hunt on the land.
Rather, the myriad signs and purple paint say keep out, stay out, do not enter, do not trespass, no access, no anything, private land don’t even ask. And frankly, every square inch of private land in the valley (which is about 93% public land) is heavily posted and jealously guarded, so physically asking anyone for permission to hunt is both a fool’s errand and a deliberate theft of someone’s valuable privacy. It is an invasion of someone’s sanctuary.
Folks, don’t try to pet the landowner. He is likely to bite, because he was sleeping comfortably in his quiet little corner when you came up to him, woke him up, and acted like petting him was the best thing he could have ever expected or wanted. When in fact all he wants is to be left alone in his quiet little corner. He never asked you to pet him and doesn’t want you to pet him. He doesn’t want to see or hear you, either.
For some odd reason, a lot of people across America believe that public land sucks to hunt on, and that private land is where all the wild game is holed up. Nothing is farther from the truth than this incorrect notion; almost all of the trophy deer and bears I have killed were on public land. If getting to a piece of public land is difficult, then you should do everything legal you can to get there, because in my extensive experience, hardly anyone else will be hunting that area. But one thing you cannot do is badger the adjoining private landowner. Sending a letter explaining yourself, or placing a friendly phone call, is the only correct way to ask permission.
I am a happy PA Game Commission partner
For the past ten years, we have enrolled 350 acres in Centre County with the Pennsylvania Game Commission’s public access program.
We pay the taxes on the land, the PGC patrols the land, and the public hunts and traps on the land. From personal items left lying on the ground, like underpants and beer cans, it is clear that some members of the public are using it in more creative recreational ways.
Cleaning up these things is part of the burden we bear to provide the public with nice places to hunt and…”picnic.”
Because our land is surrounded by State Game Lands, it made sense to open it to the public. We were approached to lease it as a private hunting club, and we have resisted that for all these years. We recently sold 100 acres to PGC, and we wanted it to be a seamless experience for the public, used to walking in on a gated road and immediately hunting.
Overall our experience has been positive. Yes, we get frustrated by people leaving trash behind, when they could easily put it in the vehicle they brought it in with. But we take great satisfaction knowing that the majority of visitors are exhilarated to be there, and they use the land respectfully.
Our family is proud to help other Pennsylvanians have a beautiful place to hunt and trap, so that these ancient skills can be passed on to younger generations. We are proud and pleased to partner with the Pennsylvania Game Commission.
Voter Access, Public Funding of Private Elections…
I so totally agree with the gist of this opinion piece by our local newspaper of record, the Patriot News:
By Matt Zencey, May 15, 2014
Tuesday is Primary Election Day, and every year when it rolls around, I’m reminded of this unpleasant fact: Tax-paying Pennsylvanians who don’t belong to a political party are forced to help pay for an election in which they are not allowed vote.
You can’t vote for candidates Tuesday unless you are a registered member of a political party that has candidates on the ballot.
I wrote a column last year complaining about this injustice that is inflicted on politically independent Pennsylvanians. It’s a system that isn’t going to change anytime soon, because the power-brokers who make the rules are the same people who benefit from taxpayer subsidies of their party’s candidate selection process.
In last year’s column, I wondered whether this arrangement violates Pennsylvania constitution’s requirement of “free and equal” elections. What’s “equal” about an election, funded by tax dollars, where a duly registered voter has no say in which candidate wins?
Now it’s true, as I wrote back then, that the U.S. Supreme Court clearly says political parties have a First Amendment right to determine who may vote in “their” political primaries.
The question is whether political parties [THAT ARE PRIVATE ENTITIES] have a First Amendment right to force you [THE PUBLIC] to pay for their candidate selection process.
I don’t think so.
If you are going to participate in a primary election that you help pay for, you are forced to affiliate with a political party. That violates your First Amendment rights.
Pennsylvania’s closed primary election delivers a tax-subsidized government benefit to two preferred political organizations – the Democratic and Republican parties.
All of us are paying so they can pick their candidate who will enjoy a huge government privilege – one of two guaranteed spots on the general election ballot. (Pennsylvania law also makes it extraordinarily difficult for a third-party to get its candidates on the ballot.)
It doesn’t have to be this way.
California recently adopted a much fairer primary election system by voter initiative.
All candidates of all parties appear on a ballot available to all registered voters within the relevant district. The top two vote getters move on to the general election in the fall. The winners could be two Republicans, or two Democrats, one of each party. A so-called minor party candidate might even win a spot on the fall ballot.
This way, taxpayers are not forced to subsidize a process that’s stacked in favor of two political parties. And it’s clearly constitutional. The U.S. Supreme Court has explicitly saidthat a non-partisan primary that is open to all voters and allocates spots on the general election ballot falls squarely within the First Amendment.
But good luck getting such a system here in Pennsylvania. Unlike in California, the poo-bahs who hold political power in Pennsylvania have denied voters the power to pass their own laws by statewide initiative.
On this one, we have to try to persuade legislators and the governor to do the right thing and reform a system that has put them in power and keeps them there.
I’m not holding my breath.
Matt Zencey is Deputy Opinion Editor of Pennlive and The Patriot-News. Email mzencey@pennlive.com and on Twitter @MattZencey.
http://www.pennlive.com/opinion/index.ssf/2014/05/is_pennsylvania_closed_primary.html