Posts Tagged → OGM
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.
Do you believe in your private property rights?
Isn’t it intriguing that the establishment wings of both the Democrats and the Republicans believe that your private property rights are actually theirs?
Several weeks ago, the Pennsylvania Democratic Party took a position on natural gas drilling in deep shales, saying that a moratorium on “fracking” is needed. That adds up to the government taking away from you the right and ability to develop a resource on your property, without compensating you and without demonstrating good cause.
When I inquired of a bewildered Democratic operative whether or not the proposed fracking moratorium would include nitrogen, or be limited to just water, he said “I don’t know, I don’t know. I cannot believe they did this. It makes no sense.” To be sure, it’s an indefensible and politically suicidal position. Unsurprisingly, I don’t believe any of the Democrat gubernatorial candidates have adopted this fatally flawed position.
This week, Republican Governor Tom Corbett signed into law a bill that, aside from two deadly sentences, was an otherwise fine solution to a lot of outstanding, unresolved problems associated with deep gas extraction.
Two deadly sentences are an issue, however, because they basically strip landowners\ oil, gas and mineral owners of their ability to negotiate new leases when the prior one has ended. The new law is a theft from you and a gift to a select industry. Gas is a good and necessary industry, for sure, but no more deserving of a free ride on someone else’s dime than you or I.
The arguments made in favor of what I would call ‘forced apportionment’ were ridiculous and laughable, except that so many private property rights have just been in effect taken and handed over to industry, so it is not funny. Apportionment is a term never used before in Pennsylvania OGM, and the 11th-hour two-sentence amendment to the bill lacks a definition of it. Surprise, surprise.
The worst argument is that by being forced into a “pool” of landowners, basically a fragmented production unit, this new law is guaranteeing that landowners will get paid (!). The state minimum payment, by the way. Never mind that you are due that payment already, and you’d prefer to renegotiate an expired lease on your own, thank you very much.
My sense is that these two sentences could cost Governor Tom Corbett his governorship and several lawmakers their seats. State representative Garth Everett and state senator Gene Yaw were the sponsors of the two sentences. Both are from Lycoming County, a place where private property rights are still held dearly and natural gas is plentiful.
How sad that the establishment wing of the Republican Party is so close to the Democrats that they adopt policies that are practically the same….
Next up, the courts will undoubtedly weigh in on this new law. Let’s hope they save the Republicans from themselves.