[Congressional Record Volume 141, Number 203 (Monday, December 18, 1995)]
[Extensions of Remarks]
[Page E2381]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            ENOUGH IS ENOUGH

                                 ______


                            HON. FRANK RIGGS

                             of california

                    in the house of representatives

                       Monday, December 18, 1995

  Mr. RIGGS. Mr. Speaker, I want to bring to Members' attention a 
matter of importance regarding the Endangered Species Act [ESA]. We all 
are aware of the injustices done to private property owners because of 
the overreaching authority of the ESA.
  For the past 3 years, northern California timber businesses and 
workers have experienced a substantial hardship as the result of 
President Clinton's option 9 initiative. Federal agencies have used the 
ESA to literally shut down healthy and productive timberlands based on 
false assumptions and dubious science.
  The administration's option 9 initiative is founded on the belief 
that owls can only survive in old growth forests. However, recent 
studies have found that this in fact is not the case. One of my 
constituents, Robert Barnum, a successful businessman, wrote me on this 
subject.
  Mr. Barnum specifically addresses the issue of spotted owl survival 
in second growth habitat. His experiences and those of other timber 
companies in the Northwest continue to prove that the assumptions of 
option 9 are false and in need of a massive overhaul in order to avoid 
further damage to a very important west coast industry.
  I cannot express enough my frustration with Federal officials who 
clearly abuse the public trust and deliberately harm hard-working 
Americans because of their political and social beliefs. The ESA has 
become the vehicle for zealous environmentalists to impose their 
political agenda outside of the original intent of the legislation. 
That is why it is imperative that H.R. 2275 should become law.
  Substantial progress has been made in the past 11 months. The work of 
the ESA task force has been indispensable in exposing the gross abuses 
of the ESA and pursuing necessary reforms to ensure this law is 
properly enforced.
  I think my colleagues will find Mr. Barnum's letter of special 
interest.


                                            Barnum Timber Co.,

                                     Eureka, CA, November 2, 1995.
     Hon. Frank Riggs,
     House of Representatives,
     Washington, DC.
       Dear Frank: I have been following with interest the 
     legislation introduced recently to rewrite the Endangered 
     Species Act, known as H.R. 2275. I understand that you are 
     cosponsor of the Endangered Species and Conservation and 
     Management Act.
       I am writing to let you know that I very much appreciate 
     your support of this legislation. Being in the timber 
     business and owning a lot of property in the northern part of 
     your district, we have to deal with the Endangered Species 
     Act on a daily basis. In my personal dealings with 
     regulators, and also from reports received from our Foresters 
     in pursuit of their work, it has become apparent to me that 
     for many environmental extremists, the Endangered Species Act 
     is a ploy or subterfuge to achieve ulterior objectives, 
     namely government control over private property and 
     prohibitions on development of property.
       You may already know about the case of the spotted owl. 
     From information I have obtained first hand and through the 
     observation of my foresters, it is clear that the listing of 
     the spotted owl was scientifically unsupported. You will 
     recall that the original justification was based upon 
     ``scientific'' findings that the owl would survive only in 
     the old growth forests of the Pacific Northwest. Subsequent 
     studies in Northern California have shown that the owl not 
     only survived, but its population in second growth forests 
     exceeds that found in the old growth forests of Oregon and 
     Washington. One might ask, then, if they do better in the 
     second growth forests than they do in the old growth forests, 
     and if you want to preserve the owls, then should you cut 
     your old growth forests?
       We have had instances in our timbering operations where we 
     have not been allowed to cut some timber because of the 
     presence of a spotted owl nest within the proposed cut area. 
     Consequently we were forced to log another area on the 
     opposite side of the valley but contiguous. After doing so, 
     we found out two years later that the owl that was in the 
     forested area had now moved over to the area that was cut and 
     had set up residences there. The reason for the owl moving 
     over is that there is a greater food supply of wood rats and 
     rodents in the cut over area than there is in the old growth 
     forest. We also find that the owls do very well nesting and 
     living in hardwood forests as distinguished from the conifer 
     forests.
       To put all of the foregoing in dollars and cents, last year 
     we spent over $40,000 in ``hooting'' for owls as required by 
     the law. This is an ongoing annual expense; and for a small 
     company like ourselves, it is a heavy burden.
       As you probably know, the California Forestry Association 
     petitioned to make all allowances for the proliferation of 
     the spotted owl in the second growth forests of California 
     under the Endangered Species Act. They were unsuccessful with 
     that petition. The point of writing this letter to you, is to 
     give the foregoing as an example of how environmental 
     extremists can use the Endangered Species Act in devious ways 
     to achieve objectives not apparent in the expressed intent of 
     the legislation.
       Pat and I happened to see you on television the other 
     night. We were quite pleased and proud to see you on the 
     rostrum of the House of Representatives wielding the gavel. 
     We appreciate and support the fine job you are doing 
     representing our North Coast district.
       With kindest regards,
           Sincerely yours,
     C. Robert Barnum.

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