Letter to the Gov. Part 1

[RADUTY]

Letter to the Governor - Part 1

April 5, 2013

The Honorable Bill Haslam
1st Floor, State Capitol
Nashville, Tennessee 37243-0001

Re: Application of Public Trust Doctrine – Cumberland River

Dear Governor Haslam,

As you know, the United States Army Corps of Engineers (USACE) Nashville District, announced in November of 2012, its intent to barricade the tail-waters of the Cumberland River, below 10 Tennessee and Kentucky dams. Alarmed at the negative impact to commerce associated with the outdoor sportsman, travel and tourism industries, our federal legislators and their Kentucky colleagues collaborated on the Freedom to Fish Act. House Bill H.R. 421 was authored by Kentucky Congressman Ed Whitfield, and is now cosponsored by our own Congressmen Marsha Blackburn, Diane Black and Stephen Fincher. In the Senate, Senator Lamar Alexander was joined by cosponsors Bob Corker, Senate Minority Leader Mitch McConnell, and Senator Rand Paul of Kentucky, introducing S. 421.

In Tennessee, our State Senate just weeks ago unanimously passed Joint Resolution 132 calling on the USACE to stop plans for barricades and work with local communities and the Tennessee Wildlife Resources Agency (TWRA) for alternatives. The TWRA so adamantly opposes barricades; it has publicly informed the USACE that it will not provide it any enforcement help.

We are fortunate to have such well respected and responsive legislative representation. However, the circuitous route our representatives must take to enact legislation that protects the outdoor heritage of our citizenry is slow, ponderous, and no match for whatever is motivating the USACE to close off what are arguably the most productive, inviting fisheries in the state. Our congressional leaders will continue to have our undying appreciation, respect and support in this matter. But ultimately, their success in passing Freedom to Fish, will come well after the USACE has barricaded sections of the Cumberland River that have been a global draw to fishermen and vacationers. If successful in their mission, the USACE will stifle a significant portion of what the Congressional Sportsman’s Foundation identifies as a $2 billion industry just within the state of Tennessee.

As of this day, the USACE have ignored all of our legislators call for compromise, and common sense. They have been evasive if not deceptive in revealing the true rationale behind their mission. Their publically stated reasons are so lacking in plausibility it fosters a hunt for the truth behind the smokescreen. In spite of the verbose and unanimous public dissent, and the adamant objections of 18 federal legislators of record, the USACE – as of this day – is expediting the installation of barricades. Internal memos from the USACE Nashville District office openly recognize the legislative action, and actually use that action as the impetus for expediting material orders and equipment placement, specifically for the purpose of constructing barricades below our dams. On April 2, 2013, a barge with heavy equipment including a crane was positioned in the lock at Cordell Hull Dam.

In recent weeks, one of the most disturbing revelations appeared on the USACE Nashville District’s web site. Aerial views of the dams in question are posted. The intent of the photos is to show the dimensional scope of the barricade plans. In addition to the physical barriers, the legend adjacent to each photograph now shows a yellow line designated as, “Property Line”. In the case of Cordell Hull Dam, the posted photos show that Property Line downstream on the Cumberland River, 5,014 feet – nearly one full mile – from the dam. (See web address, http://www.lrn.usace.army.mil/About/Organization/Operations/RestrictedAreasAroundDams/CordellHullDamBoundary.aspx ) This arrogant assumption of property ownership by the USACE flies in the face of Public Trust Doctrine, long a benchmark of a free society. The USACE action is not only inconsistent with the history of Public Trust Doctrine; it is its antithesis; in that the planned barricades do not serve a statewide public interest. Additionally, the barricade plan is in direct conflict with USACE policy, and the Code of Federal Regulations. 36 CFR § 327.1 (a) “It is the policy of the Secretary of the Army, acting through the Chief of Engineers, to manage the natural, cultural and developed resources of each project in the public interest...”

Recognizing the need for expediency in suspending the USACE barricade construction, we are asking for the direct and expeditious intervention of the Office of the Governor.