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Lake Winnipesaukee (2)
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Lake Winnipesaukee (2)
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James M. Cannon Files (Ford Administration)
James Cannon's Issues Files
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New Hampshire
Department of Transportation. U.S. Coast Guard. 4/1/1967-3/1/2003
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The original documents are located in Box 21, folder "Lake Winnipesaukee (2)" of the
James M. Cannon Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 21 of the James M. Cannon Files at the Gerald R. Ford Presidential Library
THE WHITE HOUSE
INFORMATION
WASHINGTON
April 1, 1976
MEMORANDUM FOR:
THE PRESIDENT
FROM:
JIM CANNON Jun
SUBJECT:
Lake Winnipesaukee
Attorney General David Souter telephoned to ask me
to convey his appreciation to you for your helpfulness
in getting this difficult issue resolved.
He also said that Governor Thomson, at a public meeting
yesterday morning, gave you full credit for moving
in promptly and getting the good results that New
Hampshire residents wanted.
FORD & LIBRARY 07V030
MI
ATES POSTA
@
R
MGMWSHT HSB
2-033401E092 04/01/76
ICS IPMMTZZ CSP
western union
Mailgram
* UNITED ST
U.S.MAIL
SERVICE *
6032712176 MGM TDMT CONCORD NH 112 04-01 1222P EST
*******
PRESIDENT GERALD FORD
1600 PENNSYLVANIA AVE
WASHINGTON DC 20500
DEAR MR PRESIDENT
ON BEHALF OF OUR CITIZENS THIS WILL EXPRESS OUR MUTUAL APPRECIATION FOR
YOUR ASSISTANCE IN EFFECTING A MORATORIUM BY THE COAST GUARD IN ITS
DESIRE TO ASSUME JURISDICTION OF SOME NEW HAMPSHIRE INLAND WATERS
THE INTERCESSION OF YOUR OFFICE BY ARRANGING A TOP LEVEL CONFERENCE
BETWEEN TRANSPORTATION SECRETARY COLEMAN, THE COAST GUARD COMMANDANT
AND OUR ATTORNEY GENERAL SOUTER WAS A SIGNIFICANT CONTRIBUTION IN THAT
IT PROVIDED MR SOUTER THE VEHICLE WHEREBY HE PRESENTED EFFECTIVELY THE
STATES LEGAL PRESENTATION
PLEASE CONVEY ALSO MY PERSONAL THANKS TO YOUR STAFF WHO EFFECIENTLY AND
WITH DISPATCH FULFILLED YOUR DESIRES IN THIS MATTER
MELDRIM THOMSON JR
GOVERNOR OF NEW HAMPSHIRE
12:22 EST
MGMWSHT HSB
GE7ALD FORD HIBRARY
REPLY BY MAILGRAM - SEE REVERSE SIDE FOR WESTERN UNION'S TOLL - FREE PHONE NUMBERS
2-033401E092 04/01/76
ICS IPMMTZZ CSP
western union
Mailgram
UNITED
U.S.MAIL
RVICE *
*
6032712176 MGM TDMT CONCORD NH 112 04-01 1222P EST
*******
PRESIDENT GERALD FORD
1600 PENNSYLVANIA AVE
WASHINGTON DC 20500
DEAR MR PRESIDENT
ON BEHALF OF OUR CITIZENS THIS WILL EXPRESS OUR MUTUAL APPRECIATION FOR
YOUR ASSISTANCE IN EFFECTING A MORATORIUM BY THE COAST GUARD IN ITS
DESIRE TO ASSUME JURISDICTION OF SOME NEW HAMPSHIRE INLAND WATERS
THE INTERCESSION OF YOUR OFFICE BY ARRANGING A TOP LEVEL CONFERENCE
BETWEEN TRANSPORTATION SECRETARY COLEMAN, THE COAST GUARD COMMANDANT
AND OUR ATTORNEY GENERAL SOUTER WAS A SIGNIFICANT CONTRIBUTION IN THAT
IT PROVIDED MR SOUTER THE VEHICLE WHEREBY HE PRESENTED EFFECTIVELY THE
STATES LEGAL PRESENTATION
PLEASE CONVEY ALSO MY PERSONAL THANKS TO YOUR STAFF WHO EFFECIENTLY AND
WITH DISPATCH FULFILLED YOUR DESIRES IN THIS MATTER
MELDRIM THOMSON JR
GOVERNOR OF NEW HAMPSHIRE
12:22 EST
MGMWSHT HSB
EERALE FORD LIBRARY
THE WHITE HOUSE
INFORMATION
WASHINGTON
April 1, 1976
MEMORANDUM FOR:
THE PRESIDENT
FROM:
JIM CANNON Jun
SUBJECT:
Lake Winnipesaukee
Attorney General David Souter telephoned to ask me
to convey his appreciation to you for your helpfulness
in getting this difficult issue resolved.
He also said that Governor Thomson, at a public meeting
yesterday morning, gave you full credit for moving
in promptly and getting the good results that New
Hampshire residents wanted.
THE WHITE HOUSE
Judy Hope
WASHINGTON
April 2, 1976
ADMINISTRATIVELY CONFIDENTIAL
MEMORANDUM FOR:
JIM CANNON
FROM:
JIM CONNOR JE 6
SUBJECT:
Lake Winnipesaukee
The President reviewed your memorandum of April 1 on
the above subject and made the following notation:
"Shouldn't we write a thank you, etc. 11
Please follow-up with appropriate action.
cc: Dick Cheney
THE WHITE HOUSE
INFORMATION
WASHINGTON
April 1, 1976
MEMORANDUM FOR:
THE PRESIDENT
FROM:
JIM CANNON Jun
SUBJECT:
Lake Wirmipesaukee
Attorney General David Souter telephoned to ask me
to convey his appreciation to you for your helpfulness
in getting this difficult issue resolved.
He also said that Governor Thomson, at a public meeting
yesterday morning, gave you full credit for moving
in promptly and getting the good results that New
Hampshire residents wanted.
FORD & LIODARY alygyn
TO:
hru:
Agoft JUDY James THE HOPE Quern WASHINGTON WHITE Date Cannon HOUSE 4/4/16
FROM:
For your information
For your appropriate handling
For your review and comment
Return to me
Return to file
FORD is LIBRARY GERALD
Return to central files
Comments:
alternative classing
remark: "Happy Soating! IN
ok
FAQ
THE WHITE HOUSE
WASHINGTON
April 5, 1976
MEMORANDUM FOR:
JIM CANNON
THROUGH:
ART QUERN
FROM:
JUDITH RICHARDS Jet HOPE>>
SUBJECT:
Letter to Governor Meldrim Thomson
Per your request, attached is a letter for your signature
to Governor Meldrim Thomson, Governor of New Hampshire.
Attachment
THE WHITE HOUSE
WASHINGTON
April 5, 1976
Dear Governor Thomson:
As you know, the President has been deeply concerned about
the issues involving the navigability of New Hampshire's
waterways. Just as I am sure you are, he is pleased that
the Secretary of Transportation and the Commandant of the
Coast Guard have decided to reopen the decision on this
matter, and that the Commandant has revoked his prior deter-
mination in order to review the historical and geographic
facts, as well as their legal implication, de novo.
The President has asked me to express his appreciation for
your recent kind remarks about him in this connection.
Best personal regards.
Sincerely,
James M. Cannon
Assistant to the President
for Domestic Affairs
The Honorable Meldrim Thomson, Jr.
Governor of New Hampshire
Concord, New Hampshire
Duby
THE WHITE HOUSE
WASHINGTON
April 5, 1976
Dear Senator:
The President has asked me to respond to your letter of
March 29 concerning the U.S. Coast Guard's decision
concerning the navigability of certain New Hampshire
lakes and waterways. The President has been very concerned
about this matter for some time.
As I am sure you know, on March 31, the Secretary of
Transportation announced that the Coast Guard's decision
was being reopened. The Commandant of the Coast Guard
further announced that he was revoking his prior determination
of navigability in order to review the facts, both historical
and geographic, as well as their legal implication, de novo.
I am attaching a copy of Secretary Coleman's statement
together with the Press Release which was issued yesterday
by the Department of Transportation.
Thank you for your interest and concern.
Best personal regards.
Sandlem
The Honorable Thomas J. McIntyre
United States Senate
Washington, D. C.
JOHN c. STENNIS, MISS., CHAIRMAN
STUART SYMINGTON, MO.
STROM THURMOND, S.C.
HENRY M. JACKSON, WASH.
JOHN TOWER, TEX.
HOWARD W. CANNON, NEV.
BARRY GOLDWATER, ARIZ.
THOMAS J. MC INTYRE, N.H.
WILLIAM L. SCOTT, VA.
HARRY F. BYRD, JR., VA.
ROBERT TAFT, JR., OHIO
SAM NUNN, GA.
DEWEY F. BARTLETT, OKLA.
JOHN C. CULVER, IOWA
United States Senate
GARY HART, COLO.
PATRICK J. LEAHY, VT.
COMMITTEE ON ARMED SERVICES
T. EDWARD BRASWELL, JR., CHIEF COUNSEL AND STAFF DIRECTOR
WASHINGTON, D.C. 20510
March 29, 1976
The Honorable Gerald R. Ford
The President
The White House
Washington, D. C.
Dear Mr. President:
I directly appeal to you to declare a moratorium on the
U.S. Coast Guard's assumption of concurrent jurisdiction over
certain waters in New Hampshire, namely, Lakes Winnisquam and
Winnipesaukee, the connecting waterways, and the in-state
portion of the Merrimack River.
I make this appeal, Mr. President, because a moratorium
may be the only action that can insure safe, responsible boat-
ing on these waters in the season about to commence.
Wholesale public confusion over respective State and
Federal responsibilities under concurrent jurisdiction--and over
the specific obligations of individual boatsmen in meeting
legal requirements under the new jurisdictional arrangement--
may create a dangerous situation on these waters unless the
changeover process is suspended immediately and through
the balance of the 1976 boating season.
The Coast Guard tells me that even under concurrent juris-
diction it retains pre-emptive authority in three areas: boat
numbering, boat manufacture standards, and boat safety equip-
ment requirements. But the Coast Guard also has announced that
in deference to the New Hampshire situation it will be "liberal,
lenient and flexible" this season. And while I appreciate this
gesture of good will on the part of the Coast Guard, I fear that a
lenient enforcement policy, coupled with confusion over individual
responsibilities under the new system, and further confusion over
just what State water patrols can--or can't--enforce in the way
of boat safety equipment will leave a dangerous vacuum in
authority that invites conscious or innocent violations, accidents,
perhaps even tragedy.
Legislation to exempt these waters by declaring them non-
navigable and thus not subject to Coast Guard jurisdiction was
introduced in the Senate last week, Mr. President, and I appreciate
your New Hampshire Primary campaign pledge to sign such legislation
-2-
if it reaches your desk. What concerns me, however, is the
possibility that such legislation cannot be passed and signed
into law before the boating season begins.
Therefore, I am appealing to you to please declare, by
Executive Order, a moratorium on Coast Guard assumption of juris-
diction over these waters until the upcoming boating season is
over for the year.
I thank you for your consideration, Mr. President.
United Sincerel Thomas J. States McIntyre Senator
TJM:Om
THE WHITE HOUSE
WASHINGTON
March 29, 1976
MEMORANDUM FOR THE PRESIDENT
FROM:
MAX FRIEDERSDORF
SUBJECT:
Senator Thomas J. McIntyre
Senator McIntyre tried to call the President this afternoon and the call
was returned by White House Congressional Relations.
The call concerned the Coast Guard matter in New Hampshire and we
picked up a letter to the President concerning this issue which is attached.
I have asked Jim Cannon to draft a substantive response for the President's
signature and wanted the President to have a copy of this letter in the event
that he wanted to return the phone call.
I don't believe a return phone call is absolutely necessary because we
have discussed the situation with Senator McIntyre and he understands
that his letter was delivered to the President.
RECONSIDERATION OF THE DETERMINATION BY THE COMMANDANT
OF THE UNITED STATES COAST GUARD THAT THE WATERS OF
LAKES WINNIPESAUKEE AND WINNISQUAM, NEW HAMPSHIRE, THE
MERRIMACK RIVER, AND INTERCONNECTED WATERWAYS ARE
NAVIGABLE WATERS OF THE U.S. DATED SEPTEMBER 2, 1975
On September 2, 1975, in connection with the construction of two bridges
by the State of New Hampshire, the Commandant of the United States
Coast Guard determined that the waters of Lakes Winnipesaukee and
Winnisquam, the Merrimack River, and all their interconnecting waterways
in New Hampshire and Massachusetts were navigable waters of the United
States under the Constitution and laws of the United States.
Subsequent to that determination, the Attorney General of the State of
New Hampshire raised new historical and geographic facts that are
material and relevant to the Coast Guard's determination of navigability.
The State Attorney General also raised certain pertinent legal questions.
After meeting with the Attorney General, the Commandant and I have
decided that it is in the interest of a just and fair resolution of this issue
that the question of navigability be reopened in order to assess these new
facts and evidence and to review further the applicable law in light of these
new facts.
Because it is in the interest of all parties concerned that these questions
be resolved on the basis of full and fair consideration of all relevant
information, the Commandant has decided to reconsider his determination.
The Commandant will undertake a thorough review of all the historical and
geographic facts that are relevant to a determination of navigability. The
Commandant will invite the Attorney General of the State of New Hampshire
to submit whatever facts, views, and recommendations are appropriate.
The Commandant will consult with me before making any final determination.
The Commandant has informed me that he therefore has revoked his
determination of September 2, pending completion of his de novo review.
As a result, the Coast Guard will not undertake any further action under
the Federal Boat Safety Act until after the final resolution of this issue.
Dated: march 31, 1976
William T. Coleman, Jr.
FORD
PRESS RELEASE
Secretary of Transportation William T. Coleman, Jr. announced today
that he and the Commandant of the United States Coast Guard have
decided to review and reconsider the issue of whether certain waters
in the State of New Hampshire are navigable under the laws of the
United States. These waters include Lakes Winnipesaukee and
Winnisquam, New Hamsphire, the Merrimack River, and inter-
connected waterways.
In deciding to reopen the issue for further consideration, the Commandant
and the Secretary cited new factual evidence about the historical use
and geography of these waters which were brought to their attention in
a recent meeting with the Attorney General of the State of New Hampshire.
The Commandant announced simultaneously that he has revoked his
determination of September 2, 1975, pending the outcome of the new
review. Thus, the Coast Guard does not intend to undertake any further
activity pursuant to the Federal Boat Safety Act.
In calling for the review, the Secretary said that "it is in the interest
of a just and fair resolution of this issue that the question of navigability
be reopened for reconsideration in order to assess these new facts and
evidence and to review further the applicable law. "
"It is important, the Secretary said, "in an issue involving the applica-
tion of constitutional law to a complex set of facts that a complete and
thorough review take place. The Commandant will invite the Attorney
General of the State to submit additional facts, views and recommendations
that will be useful in the reconsideration. The Commandant will consult
with the Secretary before making a final determination.
4/12/76
2
2. Busing
I have had two good discussions with Secretary Mathews
about an attempt to find a better approach to this
problem. I talked briefly with Ed Levi and will meet
with him tomorrow.
At this point, we believe we must develop a concept
based on these premises:
(a) Communities should find solutions on their own
rather than have them imposed by the Federal
government;
(b) Remedies can best be reached before any court
action begins;
(c) Any approach must be in accord with Federal law
enforcement responsibilities.
If this meets with your approval, I will continue meeting
with both Mathews and Levi to develop specific proposals
for you.
ART
Approve
Disapprove
3.
Navigability of Waterways
In the wake of Lake Winnipesaukee, other questions
about which waters are navigable have been brought to
our attention.
Since the Constitution was written, the definition of
navigability has evolved to the point where its
application often does not make common sense.
As a result, we believe we should ask Secretary Coleman
to review the definition with the possible objective of
recommending to Congress a more precise and practical
interpretation. This review should include an examination
of the Constitutional implications, and the advantages
and disadvantages of making any changes in the definition
of navigability.
Approve
HR
Disapprove
THE WHITE HOUSE
WASHINGTON
Date 4/15/76
MEMORANDUM FOR: Cannon
through Quenn
FROM
: JUDITH RICHARDS HOPE
Here is the
\
nanizability memo.
AQ
GR
LIBRARY is GREATH 07VH
April 15, 1976
MEMORANDUM FOR:
THE HONORABLE WILLIAM T. COLEMAN
Secretary of Transportation
SUBJECT:
Navigability
In recent months a number of questions about which waters
are navigable have been brought to our attention. The
historical and constitutional definition of navigability may
have evolved to the point where its application does not
always make common sense.
Will you please prepare a memorandum for the President re-
viewing the historical and constituionally-based concept of
navigability and analyzing alternative Administration actions,
including a possible recommendation to Congress of a more
precise and practical interpretation.
The memorandum to the President should be submitted to me by
Monday, May 3.
James M. Cannon
Assistant to the President
for Domestic Affairs
FORD
THE WHITE HOUSE
WASHINGTON
June 11, 1976
MEMORANDUM FOR:
FROM:
JUDY
SUBJECT:
Lake Winnipesaukee Issue Chronology
JIM CANNON JRU
Pursuant to Congressman Cleveland's letter to the President,
the following is a basic chronology of recent events
concerning Lake Winnipesaukee as I know or have been able
to reconstruct them.
September 2, 1975
Coast Guard determined certain New
Hampshire waters were navigable.
February 7, 1976
President's in New Hampshire press
conference, stated support for
legislation exempting New Hampshire
waters.
February 13, 1976
Cavanaugh request to Hope for data on
issue; Hope memo in response.
February 18, 1976
Hope to McConahey: Q&A on issue.
February 24, 1976
New Hampshire primary.
March 12, 1976
Coast Guard began handing out pamphlets
in New Hampshire on Federal safety
requirements.
March 23, 1976
Thompson-Loeb headlines in the
Manchester Union Leader.
March 25, 1976
Cannon memo to Hope re: Conversation
with President concerning Union Leader
Article.
March 26, 1976
S.3214 introduced (to declare certain
New Hampshire waters non-navigable)
NOTE: Jim Cleveland had previously
ask DOT for assistance in drafting
that legislation - and had received
assistance.
2
March 29, 1976
New Hampshire Attorney General presented
additional facts to Secretary Coleman at
DOT.
March 30, 1976
Hope met with D. Bliss (General Counsel,
DOT) re issue.
March 31, 1976
Secretary Coleman signed press release and
reconsideration statement re issue.
April 1, 1976
Cannon memo to President re issue.
April 2, 1976
Connor memo to Cannon for follow up
(thank you) (for Governor).
April 2, 1976
Hope submits 1st draft of Thomson letter
for Cannon signature.
Hope submits 1st draft of letter to
Senator McIntyre responding to his letter
(JMC signature).
April 5, 1976
JRH submits another draft of letter to
Thomson.
Memo to McConahey re same.
April 7, 1976
Cannon requests similar letter for
Congressman Cleveland as "a good idea."
April 7, 1976
Hope submits letter for Cannon signature for
same.
I attach the Presidents' letter you sent with your inquiry.
When is copy ?
THE WHITE HOUSE
WASHINGTON
April 7, 1976
Dear Congressman Cleveland:
The President has asked me to write to you about the U.S.
Coast Guard's decision on the navigability of New Hampshire's
akes and waterways.
you know, on March 31, The Secretary of Transportation
nounced that the Coast Guard's decision was being reopened.
=
Commandant of the Coast Guard further announced that he
revoking his prior determination of navigability in
er to review the facts, both historical and geographic,
ell as their legal implication, de novo. In case you
not seen them, I am attaching a copy of Secretary
man's statement and the DOT press release for your
mation.
President has been concerned about this matter for some
,
and is gratified by the Department of Transportation's
nt decision in this connection.
President has asked that I extend his appreciation to
for your great interest in this issue, and sends his
cm personal regards.
Sincerely,
James M. Cannon
Assistant to the President
for Domestic Affairs
The Honorable James Cleveland
U.S. House of Representatives
Washington, D.C.
FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
June 1, 1976
TO:
JUDY HOPE
FROM:
JAMES CANNON
I received this copy by way
of Dick Cheney.
20115
WORKS
Congress of the United State
Three OFFICES
HOUSE ADMINISTRATION
JOINT COMMITTEE ON
Douse of Representatine
STATES
NWI DIPSHIRE 03301
"CONGRESSIONAL OPERATIONS
224-4137
Clashington, D.C. 20515
STREET
May 11, 1976
03060
33-4325
May 11, 1976
MAY 21 1976
Dear Jim: ble Gerald Ford
President of the United States of America
Your letter of today's date has reached my desk.
Although I have not had an opportunity to absorb
fully the excellent points you raised, I intend
to study it in depth later today.
You have been in the front line on my behalf and maign in New
I respect your judgment on what can and should be possible you would
done accept input. During the campaign this worked out pretty
well and I have no complaints on that score.
With warmest personal regards,
Since the New Hampshire campaign, however, I have
Sincerely 11y decided that there is some additional input I
should share you. I think it is important. Based
on
the
JERRY
FORD
e
experience and discussions with people
in
othe
would like to make the following suggestions:
1) Jerry Ford unrehearsed (but obviously not unbriefed)
is your strong suit--and really strong.
The Honorable James as C. Cleveland of the United States and that's the
President you are perceived as being respon-
House of Representatives
Washington, D.C. 20515
bcc: w/incoming to John Marsh
Some departments and agencies of your
government
ruin your candidacy. I won't
burden you WI Rogers C.B. Morton lancholy list. In New Hampshire
it could be &Dick Cheney up by the Coast Guard takeover of our
lakes. Here is a situation where your people (Dr. James
GRF
MLF JEB: VO:vo the White House and the people at the Department
or Transportation absolutely promised me there was no way
to step back and take another look. Based on this assertion,
which made a liar out of me and inferentially one out of you,
we addressed the problem during the campaign. Two months
later they suddenly found there was a way. And then I was the
last to be told!
DIE nny I 107 11 02
From this type of situation I believe there is a lesson
to be learned and I think there is still time. The bureau-
cratic first reaction that "there is no way" is pervasive.
Damn it, there is almost always a way. You or somebody on
your behalf has got to get this message across to the decision
makers in your administration.
DERALE FORD LIBRARY
5-11
JAMES C. CLEVELAND
WASHINGTON OFFICE:
2246 RAYBURN HOUSE OFFICE BLOG.
2D DISTRICT, NEW HAMPSHIRE
WASHINGTON. D.C. 20515
TEL.: 225-5206
COMMITTEES:
PUBLIC WORKS
Congress of the United States
DISTRICT OFFICES:
HOUSE ADMINISTRATION
316 FEDERAL BUILDING
JOINT COMMITTEE ON
house of Representatibes
53 PLEASANT STREET
CONGRESSIONAL OPERATIONS
CONCORD, NEW HAMPSHIRE 03301
TEL.: 224-4187
Washington, D.C. 20515
23 TEMPLE STREET
NASHUA, NEW HAMPSHIRE 03060
TEL.: 883-4525
May 11, 1976
MAY
Honorable Gerald Ford
President of the United States of America
The White House
Washington, D. C.
SALD
Dear Jerry:
When I agreed to take over your campaign in New
Hampshire, you agreed that to the extent possible you would
accept input. During the campaign this worked out pretty
well and I have no complaints on that score.
Since the New Hampshire campaign, however, I have
gradually decided that there is some additional input I
should share with you. I think it is important. Based
on the New Hampshire experience and discussions with people
in other states, I would like to make the following suggestions:
1) Jerry Ford unrehearsed (but obviously not unbriefed)
is your strong suit--and really strong.
2) But, as President you are perceived as being respon-
sible for the government of the United States and that's the
problem.
Some of the myriad departments and agencies of your
government seem hell bent to ruin your candidacy. I won't
burden you with a long and melancholy list. In New Hampshire
it could be best summed up by the Coast Guard takeover of our
lakes. Here is a situation where your people (Dr. James
Cannon) in the White House and the people at the Department
of Transportation absolutely promised me there was no way
to step back and take another look. Based on this assertion,
which made a liar out of me and inferentially one out of you,
we addressed the problem during the campaign. Two months
later they suddenly found there was a way. And then I was the
last to be told!
From this type of situation I believe there is a lesson
to be learned and I think there is still time. The bureau-
cratic first reaction that "there is no way" is pervasive.
Damn it, there is almost always a way. You or somebody on
your behalf has got to get this message across to the decision
makers in your administration.
Hon. James C. Cleveland
Page 2
5/11/76
I am not and I repeat I am not suggesting that every
Congressional shopping list be promptly filled.
I am suggesting that legitimate gripes about foolish
and arrogant and unnecessary abuses of the government--
your government-- be acted on decisively.
This is an urgent message from the firing line. Too
many of your people do not know where the firing line is--
or for that matter that there is one.
It is true that some of the problems cannot be solved by
the executive, but it is equally true that some of the problems
which can be solved are not being effectively addressed.
The solution? Not easy but as a starter you should have
someone with power designated to act in this area and avail-
able to listen.
Sincerely,
Jan James C. Cleveland
Member of Congress
TALE FORD
JCC/jem
P.S. most of this was dietated before
Twas Indiana - & since then I am
sure you we been getting planty of
adver - maybe too much - but
my principal print remains important
THE WHITE HOUSE
Edem
WASHINGTON
June 18, 1976
MEMORANDUM FOR:
FROM:
GLENN JIM you
SUBJECT:
ADDITIONAL UPCOMING NEWS EVENTS
1. Distillate Decontrol. House hearings will begin
June 22 on FEA's proposal to decontrol distillates
(heating oil, diesel fuel) with John Hill appearing
before Congressman Dingell. Proposal is contro-
versial. Decontrol proposals can be prevented
from going into effect if either House disapproves.
(Two previous decontrol proposals were submitted
and allowed to go into effect: Residual oil, small
refinery exemption.)
2
Conference on FEA Extension. Begins this week. Both
House and Senate Bills contain unacceptable riders.
Acceptable bill may not be possible to achieve before
M
FEA expires.
3.
Selection of Sites for Windmills. ERDA this week
will announce tentative selection of sites for the
first of four new demonstration windmills to produce
electricity. Of the four, the first two will be
about the capacity of the one that recently was
completed by ERDA and NASA at Sandusky, Ohio.
(For comparison purposes, that one has potential
output of 100 kilowatts Largest ones now being
thought about are 1 to .5 megawatts. Modern coal
and nuclear plants are 1000 megawatts.)
CC: Jim Cavanaugh
Art Quern
to
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Rody us
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BERALD ? FORD
Libuna,
THE WHITE HOUSE
INFORMATION
WASHINGTON
REQUEST
October 4, 1976
MEMORANDUM FOR:
JIM CANNON
FROM:
JUDITH RICHARDS HOPE Jhil
SUBJECT:
Inquiry from Governor Thomson
Persuant to our telephone conversation earlier this morning,
I think that Governor Thomson is interested in the following
bill:
Technical Amendments to the Federal Boat
Safety Act, HR 13585
This is a good bill which the Coast Guard recommends that
the President sign.
The Governor could also be referring to an amendment added
to this bill by a New Hampshire Congressman D'Amours which
states:
"until judicial decision is rendered on
Lake Winnepesaukee, the Coast Guard cannot
enforce any laws relative to Lake Winnepesaukee."
The Coast Guard has no problem with this.
Note: This bill was passed late last week and has not yet
reached the White House. It should arrive sometime this
week.
Since Governor Thomson has expressed an interest in being
present at the signing, we may wish to give some thought to
signing it in New England next week.
100417
THE WHITE HOUSE
WASHINGTON
October 4, 1976
MEMORANDUM FOR STEVE MCCONAHEY
FROM:
SUBJECT:
Request Jun Thompson of New
JIM CANNON
Hampshire
Governor Thompson has asked that he be permitted to
attend the signing of H. R. 13585, which would keep
the Coast Guard from invading Lake Winnepesaukee.
I recommend we grant his request.
("
THE WHITE HOUSE
WASHINGTON
October 4, 1976
MEMORANDUM FOR JIM CAVANAUGH
FROM:
JIM CANNON
SUBJECT:
Request Jhin From Governor Thompson of New
Hampshire
Governor Thompson has asked that he be permitted to
attend the signing of H. R. 13585, which would keep
the Coast Guard from invading Lake Winnepesaukee.
I recommend we grant his request.
THE WHITE HOUSE
WASHINGTON
October 4, 1976
MEMORANDUM FOR BILL NICHOLSON
FROM:
JIM CANNON
SUBJECT:
Request from Governor Thompson of New
Hampshire
Governor Thompson has asked that he be permitted to
attend the signing of H. R. 3585 which would keep
the Coast Guard from invading Lake Winnepesaukee.
I recommend we grant his request.
ERALD FORD
Transp. water file
THE WHITE HOUSE
WASHINGTON
October 11, 1976
MEMORANDUM TO:
DICK CHENEY
FROM:
SUBJECT:
New JIM Hampshire CANNON Jan
Legislation
Governor Meldrim Thomson of New Hampshire wants very
much to be present when the President signs H.R. 13585,
which among other things keeps the Coast Guard off Lake
Winnipesaukee.
To Thomson, this is one of the most important issues
in his campaign and the President's campaign. Governor
Thomson mentioned this to the President during the New
Hampshire primary.
If there is a photograph of the President and Thomson
at the signing, Governor Thomson plans to send out a
mailing of 400,000 throughout the State during the last
week of the campaign to show what the President and he have
done.
I recommend we invite Governor Thomson for the signing.
The last day for action on the bill is Monday, October 18.
cc Jim Cavanaugh
Jerry Jones
Judy Hope
SORD
File
THE WHITE HOUSE
Transp.
INFORMATION
WASHINGTON
REQUEST
PM 5 42
November 1, 1976
MEMORANDUM FOR:
JIM CANNON
FROM:
JUDITH RICHARDO HOPE
SUBJECT:
Lake Winnipesaukee
Persuant to your request today, I contacted Coast Guard
officers to learn the present status of the Lake Winni-
pesaukee navagibility issue. Commander Royce Garrett,
Admiral Siler's Aide, personally checked this issue. He
advised me that the decision on navagibility from the Coast
Guard's point of view is still in the hands of the Coast
Guard lawyers. Their recommendation must then be forwarded
to the Commandant, and after his review, to the Secretary of
Transportation. This process will take at least a month,
and perhaps longer according to Garrett.
As you asked, I telephoned David Souter, the Attorney
General of New Hampshire, and informed him that no announce-
ment on the Lake Winnipesaukee question was expected this
week. He did not ask me when a decision could be expected,
and I did not get into a discussion on this issue with him.
He thanked us for our interest, and expressed the hope that
the matter could be resolved expeditiously.
I am returning your original correspondence on this matter
with this memorandum.
110118
OF
STATE OF NEW HAMPSHIRE
DIFFERENT THE HAMPSHIRE HAMP TOTAL 40
OFFICE OF THE GOVERNOR
*1776*
976 OCT 29 PM 12 05
To:
Jim Cannon
From:
Marshall Cobleigh
Date:
October 27, 1976
We believe that the Coast Guard is
going to give up their claim of Lake
Winnipesaukee as a result of this
memo. If that's true, and we think
it is, you might as well have the
President announce it the day before
the election rather than the day
after. It means a lot of votes in
New Hampshire
Masell
GREAT FORD LIBRARY
102907
ATTORNEY GENERAL
The State of New Hampshire
ASSISTANT ATTORNEYS GENERAL
DAVID H. SOUTER
THOMAS B. WINGATE
JOSEPH A. DICLERICO. JR.
DEPUTY ATTORNEY GENERAL
OF
ROBERT V. JOHNSON, =
THOMAS D. RATH
SECURITY
DONALD W. STEVER. JR.
ROGER G. BURLINGAME
EDWARD A. HAFFER
ATTORNEYS
MANNEHIRE
JOHN L. AHLGREN
GREGORY H. SMITH
RICHARD V. WIEBUSCH
EDWARD N. DAMON
JOHN T. PAPPAS
#17738
WILBUR A. GLAHN, III
W. JOHN FUNK
JOHN S. KITCHEN
PETER W. HEED
RICHARD B. McNAMARA
JAMES L. KRUSE
JAMES E. MORRIS
Attorney General
JAMES C. SARGENT, JR.
Concord
October 26, 1976
Rear Admiral R. A. Ratti
United States Coast Guard
(G-LMI/81)
Washington, D.C. 20590
Dear Admiral Ratti:
On August 6, 1976 I wrote to you in accordance with
your invitation that the State of New Hampshire submit
material indicating that Lake Winnipesaukee and related
waterways are not navigable waters of the United States,
with particular attention to the significance of that
conclusion under the Federal Boat Safety Act of 1971.
I submitted three copies of a detailed memorandum of
thirty-four pages plus appendices containing further
material, and I offered to submit further copies and to
provide anything further the Coast Guard might wish on
the subject. Admiral Bursley wrote me on August 17,
1976 to say you had received this material, but I have
heard nothing since then.
I hope you will not tax me with too much of an ad-
vocate's zeal for believing that the memorandum I sub-
mitted and its supporting authorities establish that
Lake Winnipesaukee and the related waterways which have
been the subject of our attention throughout this year
are not navigable waters of the United States. If we
cannot agree on this conclusion, however, I believe we
should prepare to litigate the question as soon as we
possibly can. National legislation of course defers
the imposition of Coast Guard jurisdiction to the con-
clusion of any litigation on the subject. But the
question of Coast Guard jurisdiction continues to con-
cern property owners and boaters on the waters in
Rear Admiral R. A. Ratti
October 26, 1976
Page two
question, and the New Hampshire Legislature, which returns
in January, will naturally desire some indication of how,
and when, the question may be resolved if it has not by
then been resolved in the manner we have supported in our
submission to you.
For these reasons I would be grateful for any action
you may be able to take to conclude the Coast Guard's con-
sideration of the matter and submit it to the Secretary of
Transportation in the near future. It would also help me
in my own planning if you would indicate when we can expect
a decision from the Coast Guard.
Yours sincerely,
David H. Souter
Attorney General
DHS/smg
CARD R. FORD