From: alra@governance.net
Subject: BOR Out Of Control – Ignores Congress Request For EIS Delay

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@landrights.org or alra@governance.net 
Web Address: http://www.landrights.org 
Legislative Office: 507 Seward Square SE – Washington, DC 20003

BOR Out Of Control – Ignores Congress Request For EIS Delay

Can you believe the Bureau of Reclamation already kicked out the Boy Scouts at Lake Berryessa?  

You have a good chance to help save the people of Lake Berryessa.  That way they will be there in the future to help you.

It’s urgent that you call the Interior Department and BOR officials listed below today and tomorrow.  This is your chance to strike a blow for use and access to Federal lands and well as private property.

**See Action Items below:

Where is the Administration?  Why are they not standing up for the people who voted for them? 

Are they going to roll over for a biased Bureau of Reclamation and special interest groups?

*****The people of Lake Berryessa face eviction.  This threatens you no matter where you live or what Federal agency you are affected by  in the US.  Look at this list: 

You have a lot at stake in the battle to save use at Lake Berryessa.

Do you use access to Federal lands?
Do you own private land in or near a Federal area?
Do you support recreation on our Federal lands?
Are you a sportsman, fisherman or hunter?
Are you a grazing permittee?
Do you own a mining claim?
Do you have a cabin special use permit in the National Forests?
Do you have any other kind of special use permit with a Federal agency?
Do you use boats or motorized watercraft?

Answer yes to any of these questions and you need to make calls immediately to stop the Bureau of Reclamation (BOR)  from getting rid of people who fall under their term --  “Exclusive Use”.

This is about a policy by government agencies to remove what they call “exclusive use” which is a code word for getting rid of existing users at Lake Berryessa and many other Federal areas.  

The Federal agencies are saying that if you have what the BOR and others refer to as “exclusive use”, then “others” don’t have access.  That is, of course, nonsense.  Actually, this policy greatly reduced public access.  

What this policy of removing “exclusive use” really means is getting rid of largely all use or limiting use to special interest groups who want all Federal areas made into natural areas.

*****The Resources Committee of the House of Representatives asked in a letter to the Bureau of Reclamation to delay the release of their Lake Berryessa EIS which has come under so much criticism.  

The BOR ignored Congress and this request and released their supposedly Final EIS a week ago.  However, there has been such a huge uproar from you and others, that it appears that the Interior Department is beginning to wake up to the looming disaster.

The BOR must not be allowed to get away with free lancing.  This is a Clinton Era plan being allowed to go forward by the current Administration.  Amazing.  

The Interior Department and the Administration must show they have control over these BOR scofflaws and private property  predators.

***** Action Items***  (bury these officials in calls, faxes and e-mails.)

Stop this “exclusive use” nonsense.  Keep recreation open on Federal lands.

Your message to the Administration along with many others is a powerful weapon.  We did not elect you to eliminate recreation and drive property owners out. 

Remember, by standing up for the victims at Lake Berryessa today, they’ll be there to fight for you tomorrow.  The key is to keep the pressure on.  Don’t let down.

This is your chance to influence all Federal agencies about recreation and access.

You must make the phones, faxes and e-mails just come off the wall.  They must not stop ringing.  You can do this.  It means so much to so many people.

-----1.  Call, Fax and E-mail -- Secretary of Interior Gale Norton's Chief of Staff Brian Waidman (202) 208-7351 – FAX: (202) 219-2100 - gale_norton@ios.doi.gov or brian_waidman@ios.doi.gov   Where is a space between names, it means an underscore. 

-----2.  Call, Fax and E-mail – Deputy Lynn Scarlett - (202) 208-4203  -- 
FAX: (202) 208-1873 – lynn_scarlett@ios.doi.gov

-----3.  Commissioner of Bureau of Reclamation – John Keyes
(202) 513-0501 – FAX:  (202) 513-0309 – jkeys@usbr.gov    Request someone from his office attend the November 19th meeting.  Tell him how the BOR FEIS hurts people.

-----4.  Mark Limbaugh – Assistant Secretary for Water and Science – 
(202) 208-3186 --   mark_limbaugh@ios.doi.gov    Request someone from his office attend the November 19th meeting.  Tell him how the BOR FEIS hurts people.

-----5.  Call, fax and e-mail your local congressman if you live in California.  The Congressmen whose constituents use Lake Berryessa are listed below. 

Mike Thompson (D-CA)  Wash. DC (202) 225-3311 – Local (530) 662-5272
Wally Herger (R-CA) Wash. DC (202) 225-3076 – Local (530) 893-8363
Dan Lundgren (R-CA) Wash. DC  (202) 225-5716 – Local (916) 859-9906
John Doolittle (R-CA)  Wash. DC  (202) 225-2511 – Local (916) 786-5560
Doris Matsui (D-CA) Wash. DC  (202) 225-7163 – Local (916) 498-5600
Lynn Woolsey (D-CA) Wash. DC (202) 225-5161 – Local (707) 542-7182
George Miller (D-CA)  Wash. DC  (202) 225-2095 – Local (707) 645-1888
Nancy Pelosi (D-CA)  Wash. DC (202) 225-4965 – Local (415) 556-4862
Barbara Lee (D-CA)  Wash. DC (202) 225-2661 – Local (510 763-0370
Ellen Tauscher (D-CA)  Wash. DC  (202) 225-1880 – Local (707) 428-7792 
Richard Pombo (R-CA)  Wash. DC (202) 225- 2761 – Local ((209) 951-3091
Tom Lantos (D-CA)  Wash. DC (202) 225-3531 – Local (650) 342-0300
Pete Stark (D-CA)  Wash. DC – (202) 225-5065 – Local (510) 494-1388
Anna Eshoo (D-CA)  Wash. DC – (202) 225-8104 – Local (650) 323-2984
George Radanovich (R-CA)  Wash. DC (202) 225- 4540 – Local (559) 449-2490

*****There is a huge meeting planned in California in Winters This Saturday, November 19th at 1:00 PM.  If you live in California. plan to be there.

There will be a Town Meeting and open discussion about Lake Berryessa hosted by the City of Winters. If you live in the area, you need to be there by 12:30 or earlier.  

The City of Winters requested that Chairman Richard Pombo of the House Resources Committee have his staff participate in this meeting, and Pombo agreed.

Attendees include:

City of Winters officials
Bureau of Reclamation Officials
Congressional Staff From local offices
Officials from Bush Administration
Environmental Groups
Land Rights Groups

This is your chance to tell Bureau of Reclamation officials and other Federal officials what you think of their Lake Berryessa plan and the concept of getting rid of “exclusive use.”

Make your phone calls by Friday to put as much pressure on BOR and the Administration as possible before the meeting on Saturday. 

***Here’s your message:

-----  Insist that the Bush Administration officials listed above get
involved and force BOR to take back their faulty EIS and do it right.  They only listened to the special interest groups.   

-----  No private property should be taken without compensation.

-----The must not remove the 1,300 trailer and mobile homes that cannot be moved under California law. 

-----They must not remove campsites or reduce access.  They’ve already kicked out the Boy Scouts.

-----They must allow the resorts that are at the lake to stay there.

-----They must not reduce the use of motorized watercraft.  This is man made lake.  It is not a Wilderness, no matter how much they are trying to create one.

-----  The BOR must follow Public Law 96-375. (see below)

-----  BOR must stop the removal of long-term tenants.

-----  BOR must stop the discrimination against long-term users and
motorized watercraft.

-----BOR must throw out the present plan to cut down or eliminate public use
and access by the general public, long-term site permittees, boaters, and
dock owners.

-----Administration officials must require the Bureau of Reclamation be
good neighbors at Lake Berryessa.   

- - - - - - - - - - - - - - -  - -  - -- - - -

Here is the law covering Lake Berryessa.  The BOR is largely ignoring this law. 

Public Law 96-375 October 3, 1980 - 96th Congress - An Act
Portion appropriate to Lake Berryessa

Sec. 5 	(a) Notwithstanding any other provision of law, the Secretary of the
Interior is authorized to enter into new negotiated concession agreements
with the present concessionaires at Lake Berryessa, California. Such
agreements shall be for a term ending not later than May 26, 1989, and may
be renewed at the request of the concessionaires with the consent of the
Secretary of the Interior for no more than two consecutive terms of 10 years
each. Concession agreements may be renegotiated preceding renewal. Such
agreements must comply with the 1959 National Park Service Public Use Plan
for Lake Berryessa, as amended, and with the Water and Power Resources
Service Reservoir Area Management Plan: Provided, That the authority to
enter into contracts or agreements to incur obligations or to make payments
under this section shall be effective only to the extent and in such amounts
as are provided in advance in appropriation Acts.

	(b) Notwithstanding any other laws to the contrary, all permanent
facilities placed by the concessionaires in the seven resorts at Lake
Berryessa shall be considered the property of the respective current
concessionaires. Further, any permanent additions or modifications to these
facilities shall remain the property of said concessionaires: Provided, That
at the option of the Secretary of the Interior, the United States may
require that the permanent facilities mentioned herein not be removed from
the concession areas, and instead, pay fair value for the permanent
facilities or, if a new concessionaire assumes operation of the concession,
require that new concessionaire pay fair value for the permanent facilities
to the existing concessionaire.

Please forward this message as widely as possible.   Thank you.

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