From: alra@governance.net
Subject: Has The Bush Administration Lost Control Of The Bureau of Reclamation?

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

Has The Bush Administration Lost Control Of The Bureau of Reclamation??

Your calls, letters and faxes are having their affect.

Your continued pressure on Congress and the Administration is helping win. 

Remember, you fight for the people of Lake Berryessa today, and they’ll be there to help fight for you on your issue tomorrow.  Don’t let your opponents isolate you into small little groups.

When one of our communities is attacked, everyone must rise up to fight back.  Otherwise you will have no chance when they come for you.  

And they will come for you.  

The Bush Administration is still authorizing a coup of all recreation at Lake Berryessa by the extreme green organizations.  

It is the massive green agenda the Bureau of Reclamation (BOR) is following. 

You can help stop this attack of family and motorized recreation by going to www.landrights.org to print out two Testimony Questionnaires.   (They should be posted late 6-13-05.  If they’re not up when you receive this, they will be shortly.)

Print them out, fill them in and mail or fax them back to the American Land Rights Association, PO Box 400, Battle Ground, WA  98604.  Fax:  (360) 687-2973.

We will hand deliver them to your congressmen, congressional staff and Administration officials.   You can send them directly to your congressman and/or the resources committee too.  But we would appreciate a copy.  Whether you agree with us or not.

You can also fax them to the officials listed below.

Remember, WE AGREE with all the statements on the Testimony Questionnaire but you don’t have to.

The Bureau of Reclamation is making irrational decisions in a rush to head off the cloud of criticism.

They are out of control.

The Bureau of Reclamation (BOR) manages Lake Berryessa, the best water skiing lake in Northern California.

They just announced signing a new company to take over the resort that Steve Petty purchased from the previous owners.  They are ignoring the law that requires them to pay Petty for his improvements.  (copy of the law below)

The BOR and the greens are saying this is not a private property issue.  Forcing out families and taking homes away from people who own them is not a private property issue according to the greens and BOR.  Our opinion is that this is big government under the Bush Administration.  Somebody has their eyes and ears shut.

But the issues are much bigger than Steve Petty.

The Bush Administration seems to be endorsing the plan by the environmental activists to remove most uses at Lake Berryessa.  This will happen all over the country if it is not stopped here.   For example, BOR plans to:

-----Force all present resort owners at Lake Berryessa out by 2009.  

-----Cut watercraft down from over 3,000 to only 700 in three years.

-----Get rid of most Motorized Watercraft. 

-----Reduce tent campsites from 504 to 250.

-----Cut dock slips from 1438 to 600.

-----Cut dry boat storage sites from 1068 to 100.

-----Remove gasoline storage tanks.

-----Eliminate Long term trailer sites from 1347 to 0.  

-----Drastically reduce access to the handicapped and elderly.

-----Dramatically cut places for families to stay.

-----Closing large sections of the lake to motorized use.  This is a man made lake and they’re trying to make it a Wilderness.

-----They are violating Public Law 96-375 that requires BOR to pay resort owners for their investment.

The only way there will be significant public use at Lake Berryessa is to keep the resorts going.  They provide the restaurants, snack bars, stores, bathrooms, supplies, gas, water and more.

The only way for them to survive is to have long term rental sites.  That income underwrites and subsidizes the costs of many of the services including bathrooms, campgrounds and more.  

The resorts want to put in more campgrounds and facilities but the BOR has consistently denied them permission.

Those who champion the Sierra Club say the long term rental sites are blocking public use and access.

Of the 170 miles of lakeshore, only 12 miles has resorts and only a little over 3 miles of that has long term trailer space rental.  So about 2% of the lake is long term rental.  The BOR is really blocking public use.  They are doing the bidding of the greens.

The real goal of the environmental groups is to undermine the economic stability of the resorts so BOR can clean them out.

There is a real inability of the Bush Administration to be able to see that they are buying into the green agenda and destroying public use for thousands of recreationists.

***BOR says they are getting rid of “exclusive use”.  Yes, they already forced the Boy Scouts out.  Others are being pressured.  Pretty soon they won’t eliminate just exclusive use, but most uses will be eliminated.  Under the guise of gaining public use they are forcing out public use.   Isn’t that the green agenda.

The BOR has become like an armed tyrant at Lake Berryessa.  They are taking property rights by force with armed guards.  They are not obeying the law.

BOR is now trying to claim that the property at the resort is “just” personal.  They ignore the huge business investment.  They ignore the investments made by many people who have mobile homes and docks.  They fail to see how cutting off access is a threat to private property.  The agency seems clueless.

All users at Lake Berryessa are living in fear.  They fear they will be forced to remove their homes (mobile homes and trailers), docks and other infrastructure. 

The BOR is creating uncertainty among the resort owners.  It is hard to keep people motivated and moving ahead when their investments are threatened by an agency that appears out of control.

This BOR police action cannot be allowed to stand.

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

***Please carry out at least one action item each day beginning today and continuing all week.  You are already getting the attention of the Bush Administration.  Hopefully they will try to get BOR under control.  Your calls could make the difference.   Please keep going. 

You helped save farmers on the Klamath because you join in nationally to help.  It is time to do that again.  You have won many times on issues such as CARA, Roadless, and more.  It is the teamwork that counts. 

It is time to bring the Bureau of Reclamation under control.

-----1.  Send a message to Congressman Mike Thompson.  Lake Berryessa is in his district.  You need to ask him to request Chairman Richard Pombo of the Resources Committee to hold hearings on Lake Berryessa and the BOR.  
Phone:  (202) 225-3311.  FAX:  (202) 225-4335.  You can send him an e-mail message by going to his website at http://www.mikethompson.house.gov

----2.  Contact Chairman Richard Pombo of the Resources Committee.  This is the kind of issue he has concerns about.   Let him know you support taking direct action.  Call (202) 225-2761 -- FAX:  (202) 225-5929 – http://resourcescommittee.house.gov

-----3.  These Congressmen’s districts are close to Lake Berryessa.  They must be called faxed and e-mailed by constituents to urge them to ask Chairman Pombo to hold hearings and reign in the Bureau of Reclamation.

Wally Herger, (202) 225-3076 – FAX (202) 226-0852 – www.house.gov/herger.  

Dan Lundgren (202) 225-5716 – FAX (202) 226-1298 -- www.house.gov/lundren.  

John Doolittle (202) 225-2511 – FAX (202) 225-5444 –www.house.gov/lundgren

-----4.  Call, Fax and E-mail -- Secretary of Interior Gale Norton
(202) 208-7351 – FAX: (202) 219-2100 - gale_norton@ios.doi.gov

-----5.  Call, Fax and E-mail – Deputy Lynn Scarlett
(202) 208-4203  -- FAX: (202) 208-1873 – lynn_scarlett@ios.doi.gov

-----6.  Commissioner of Bureau of Reclamation – John Keyes
(202) 513-0501 – FAX:  (202) 513-0309 – jkeys@usbr.gov

-----7.  Mark Limbaugh – Deputy Commissioner of Reclamation
(202) 513-0540 – FAX: (202) 513-0309 – mlimbaugh@usbr.gov

-----8.  Call, fax and e-mail your local congressman.  Call any Senator or Congressman at (202) 225-3121.  Ask for their fax and e-mail. Ask them to request an investigation by the Resources Committee in the House and the Energy and Natural Resources Committee in the Senate.  Ask them to request that funds for Lake Berryessa management by BOR be cut until the Administration reins in   this out of control agency.

-----9.  Call and fax the Resources Committee –Water and Power Subcommittee – Kiel Weaver -- (202) 225-8331 – FAX: (202) 226-6953

----10.  Call and fax Senate Energy and Natural Resources Committee – Water and Power Subcommittee -- Kelly Donnelly -- (202) 224-4971 – FAX: (202) 228-0541

----11.  Send a short letter to the editor of any newspapers in your area.  The BOR will be putting out propaganda. You want to build support in your local community and those near to Lake Berryessa.  Please keep the letter to less than three paragraphs and don’t make them long because people won’t read them.

***Here is what you should say:

-----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.

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

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

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

-----  Insist that the Bush Administration officials listed above get involved and take action to save Steve Petty and other users at Lake Berryessa.  This land grab and police action must be stopped.

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

-----  BOR must return management of the Resort to Steve Petty / Pleasure Cove Resort Asset Management Group.  At the very least, BOR must pay Steve Petty for the property taken.  

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

Do you use motorized watercraft?

Are you a water recreationist?

Are you a private property owner?

Are you a Federal land user?

Do you have a permit to use Federal land?

Are you a small business owner-operator?

Answer yes to any question and you need to take action on the Lake Berryessa takeover by the greens.

Send your testimony too.

Here is a copy of the public law that requires BOR to pay for the improvements by the resort owners.

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.

Don’t let BOR and the Greens force out family recreation.

Don’t allow them to largely eliminate motorized watercraft.

Help save the people of Lake Berryessa so they will be there to help save you in the future.

Please forward this message as widely as possible.

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