Posts Tagged → property rights
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.
PGC’s strange hunter survey
Today a Pennsylvania Game Commission email arrived, asking if I would participate in a brief hunter survey. Being 100% opinionated about everything, naturally I acquiesced. “Shy” was maybe used to describe me when I was young, but not as an adult. Because I consider myself a careful thinker, committed only to First Principles from America’s founding and to The Bible, and being relatively uncommitted to mass movements or parties, I enjoy sharing my perspectives with people who are open minded and interested in understanding different points of view than the prevailing narratives hawked by the Mainstream Media Corporate Industrial Complex.
The PGC survey consisted of really just three questions, all of which were about hunting waterfowl such as ducks and geese.
First question was did I hunt ducks last season, to which I responded No, I Did Not Hunt Ducks Last Season. The reason being that although I live just two blocks from that once famous migration route on the mighty Susquehanna River, the current duck migration down the Susquehanna River is not even a shadow of its former self. Rather, the duck migration here does not exist and has not existed for twenty years. I see more ducks lounging about and crapping on people’s yards in Italian Lake City Park across the street from my front yard than I see out on the Susquehanna River sitting on a bucket with a shotgun in my hand.
So, unless I travel to the Chesapeake Bay to hunt ducks, it is rare for me to get out after them any longer. Without Sunday hunting like all the surrounding states have, my opportunities for waterfowl hunting in Pennsylvania are pretty limited to what I can access quickly and easily. Like the dead Susquehanna River within sight of my dining room window.
Second question asked which Goose Zone I hunted in. Easy enough to answer.
Third question, which was broken down into three different alternatives, pertained to which of three unbearable and useless goose hunting seasons I liked or did not like, and how much I liked them or disliked them. All three alternative seasons PGC presented were unnecessarily fragmented from late October into February, and included very little early season but lots of late and really super late season. The problem being that the southward goose migration is heaviest in the part of October when the PGC shuts down our goose hunting, and the goose migration is entirely over by the time the PGC season opens back up. Fat lot of help these potential seasons offer!
This is a curious situation, which I have never had satisfactorily answered. Some hunters I know say that the Susquehanna River Waterfowlers, to which the PGC looks for hunter guidance, is made up of anti-Sunday hunting fuddy duddys who would rather give up hunting entirely than see Pennsylvania hunters get our share of the goose migration and also have Sunday waterfowling. True or not, this is what I am told.
Other hunters I know say that the PGC is hopelessly tangled up with the US Fish & Wildlife Service on all kinds of policies, not the least of which is that PA has a boatload of passionate hunters who, given the least opportunity, will, it is said by wildlife management officialdom, destroy, decimate, eliminate, and exterminate every duck, goose, gander, coot, loon, pimpernel, plover, and shoveler that flies, walks, waddles, crawls, or ducks through the migration route between New York and Maryland. And so, according to this view, Pennsylvania waterfowl hunters must be artificially hamstrung and kept from going afield when the birds are flying the most. Again, I do not know how much truth there is to this, though I will testify to the fact that Pennsylvania does in fact field a lot of hunters. A lot.
And so we get to my response to the three ridiculous seasons proposed in the PGC survey: Not one of them makes any sense; all three are equally nonsensical alternatives.
What is the point of giving me various dates to hunt if the animal we are hunting is no longer in the venue in those dates, but has long since flown the coop and is doing leisurely backstrokes in Florida and Louisiana?
It appears that the PGC knows its three silly seasons are indeed silly, and yet the agency is overtly committed to them.
“You can have a crap sandwich, a sh*t sandwich, or an imaginary sandwich,” is what PA waterfowl hunters are presented here.
This means Pennsylvania waterfowl hunters outside the Philly area southeast corner and outside a couple of interesting little “habitat and flyway bubbles” around Lake Erie and Shenango Lake in Western PA are officially SOL and just wasting their time sitting with a shotgun on a bucket and freezing solid past late December.
This current no-win situation begs for a bigger than life solution, but it also reminds me of the old Sunday hunting situation, where the PA Farm Bureau stole our private property rights for decades by artificially preventing any Sunday hunting. Only by marginally nibbling around the political edges did PA hunters finally get three weenie Sundays to hunt big game, and one suspects that such a small and unsatisfying “solution” is what is in store for PA waterfowlers, if a solution is to be had at all.
Maybe PGC will add more waterfowling days afield in March, when every single last duck and goose north of the Mason Dixon Line has landed in Costa Rica for the winter. Thanks but no thanks, PGC.
I for one, though I undoubtedly represent many others, would like to hunt ducks and geese in Pennsylvania at or closely around the same times/dates/days that hunters in New York are hunting them. But that would make sense, and if there is one thing I have learned as a PA waterfowl hunter, our seasons here are not intended to make sense.
Our public lands are not for sale
Apparently many Republicans are just downright jealous of all the craziness on the left, with all that destruction and removal of historic public monuments and the resulting revision of history to fit politically correct narratives.
So now we get a bunch of Republicans who actively pursue their own form of crazy, just bound and determined to undermine whatever electoral and public trust gains they have made in the past few years. Among a surprisingly wide circle of GOPers and conservatives, the selling off of public lands is a surprisingly popular policy goal.
Nothing hidden about this goal, the proponents of selling off public lands are quite open about their intentions. Apparently they want the public to watch them crash and burn, because the public is going to do that to them, electorally speaking.
Because the public overwhelmingly identifies with and passionately loves our public lands.
Maybe I am some sort of leftist kook, at least according to these proponents of public land sales, because I also sure do enjoy public parks, and public forests, and public recreation areas, public wilderness areas, and public hunting areas, and public monuments. Yes the government runs these places, and while I am not a big fan of government, public land management is one of the very few things that government tends to do pretty well..so..what can I tell you, this is a not-so-secret Communist plot: As an NRA life member, trapper, and lifelong hunter, I am proud to be part of this plot to “steal” Americans’ property rights, which is one of the ways that public land is described by advocates of bargain basement sales of public property.
Seriously.
Advocates of public land sales actually equate the existence of public lands with the diminution of private property rights.
Never mind that nearly all (my highly experienced guess is about 99.5%) public land has been purchased at fair market value from willing, even eager sellers, who love their land so much that they want to see it remain as wild, open, untamed places for wildlife and the wild people who pursue wildlife, and not turned into ubiquitous, dime-a-dozen cookie cutter asphalt and concrete jungles.
Never mind that in many remote areas, public land is an economic engine that keeps running, and running, and running without much expense.
Isn’t it ironic that the people who want to sell off public lands also want to stop and prevent people from selling their private land to wildlife and parks agencies? They bizarrely claim that public land’s mere existence is a de facto refutation of private property rights!
Oh c’mon! These armchair conservatives are the ones monkeying around with private property rights, when they try to stop sales of private land to public agencies.
They are “armchair conservatives” because these are people who do very little outside an air conditioned office. Maybe they ski at a ski slope with artificial snow as their outdoor lifestyle. But they do not hunt, trap, camp, canoe, fish, hike or do anything else indicating that red American blood flows in their veins. Nope, these are strictly dollars and cents on paper people, no real life experience. They’d sell you their grandma for ten bucks, too. No heart, no soul, just money money MONEY.
And that is how they see public lands: Easy money, easy development.
There is a useful story about money, I think it was about a mere thirty pieces of silver being accepted for giving up one’s soul. Something like that, with the point being that money and self enrichment isn’t our primary purpose in life, and that the people who singularly pursue these two goals are often soulless enemies of all that is good and wholesome.
Several weeks ago the Pennsylvania Supreme Court held that a local park could not be taken from the taxpayers and sold to a developer to build homes on. You’d think this is a plainly obvious forehead-slapping fact, but it demonstrates that the effort to liquidate public lands is not just a Western phenomenon, but an East Coast idiot parade, too.
Fortunately, the new US Department of Interior secretary does not believe in selling off public lands, unlike the other candidate who was on her way to being nominated before this issue tripped her up with the Trump Administration. The new Interior secretary, Ryan Zinke, is a retired Navy SEAL, hunter, and Western outdoorsman. He knows personally how important public land is to the identity of Americans everywhere.
Let’s hope Zinke can help his fellow Republicans wake the hell up on this issue, that our public lands are not for sale, before these fools get a good dose of electoral comeuppance from the American people who are barbequeing, hiking, biking, camping, fishing, and star gazing on public lands from sea to shining sea right now.
Your Property Rights: Born, and Maybe Dead, on the Fourth of July
Your Private Property Rights: Born, and Possibly Died, on the Fourth of July
July 4, 2013
By Josh First
One hundred and fifty years ago today, in Gettysburg, Pennsylvania, America’s most hallowed ground was established. Over fifty thousand casualties among both Union and Confederate forces resulted from fierce acts of bravery and heroism on both sides over just a few days, including Pickett’s famous last-ditch assault on the Union center, into the teeth of point-blank cannon fire, canister, and grape shot.
The ferocious hand-to-hand fighting along Pickett’s front established the “high water mark” of the Confederacy, and produced the most focused military effort to date by the Union, the success of which gave impetus to the North’s final push to end a malingering war. To make those sacrifices and take those personal risks, you’ve got to really believe in something, a truth summed up brilliantly in Lincoln’s Gettysburg Address. The fact that the battle culminated on Independence Day was not lost on either side.
Ten years ago, I had the honor of purchasing the last outstanding parcel of land on which Pickett’s Charge occurred, at the far eastern end of the field, where the Ohio 8th Regiment was dug in. Over the prior 19 years, the National Park Service had unsuccessfully pursued the “Home Sweet Home” motel, a 1950s-era no-tell hotel on two acres there. It paved over a hasty trench and a temporary field hospital where men from both armies had been treated, before archaeology became vogue.
By 2004, the motel and its blacktop were themselves things of the past, the site archaeology was done, and the final resting place of so many distinguished soldiers was returned to serene grass. It was one of the high points of my career, and I worked so hard on it because, like other Americans who visit Gettysburg, read the Gettysburg Address, and understand Gettysburg’s role, its meaning inspired me. Preserving the Union meant continuing and expanding the American dream. Protecting the Home Sweet Home site meant preserving Gettysburg’s symbolism, protecting that hallowed ground, and enshrining the American Dream of opportunity for all.
One of the most inspiring aspects of America, and core to the American Dream, is the universal concept of private property rights. Because of America’s unique private property rights system, generations of immigrants have moved across mountains and oceans to become Americans, toil hard, and take risks and make sacrifices to improve their standard of living. For hundreds of years, anyone who was willing to work hard could use their private property rights to shelter and feed their family, purchase an education for their children, and build equity for the day when their hands and back might no longer be able to physically toil.
But here in Pennsylvania, just days ago and, oddly, just days before Independence Day, the state legislature passed a two-sentence bill gutting the private property rights of landowners who have leased their land for oil and gas exploration. It was a shameful thing to do, and it is an echo of the midnight legislative pay-raise that cost so many incumbents their seats a few years ago. It is the shady act of some self- anointed few to enrich their political friends, at the huge cost of Pennsylvania’s private landowners.
As I understand it, Governor Tom Corbett is weighing whether or not to sign it into law. I hope he does not sign it. To enact such a law flies in the face of everything that is American. It is against everything that Independence Day stands for. It is against everything that the men at Gettysburg fought and died for, and against everything that America’s Founding Fathers and brave patriots fought for in 1776.
I wish you a happy Independence Day today, and in its spirit I ask that you call your state legislators, and ask them if they voted for this un-American oil and gas bill. If they did, vote them out of office, and show them that the Spirit of 1776 still stands strong. You deserve better, I deserve better, America deserves better.
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