Floor Statements

Mr. Speaker, I rise today in honor of Lieutenant Ron Downs of Fresno, California. Mr. Downs was a respected member of the Fresno police department. He passed away Monday, October 31st, 2005 of a heart attack; he was three weeks away from retirement.

Mr. Downs was sworn as a police officer in July 1, 1967, at the young age of 22. He worked as a lieutenant and commander of the special investigations bureau, for the department's narcotics unit. He previously was commander of the internal affairs bureau. At the time of Mr. Downs' death, he was one of the longest-serving active officers in the department.

Mr. Downs worked tirelessly on behalf of our community for 38 years as a member of the police force. On any given day, he was willing to sacrifice his own safety to protect others. Mr. Downs was an exemplary citizen; his contributions to our community will be long lived.

Mr. Downs is survived by his wife, Carolyn. He is also survived by his son, Kenneth Downs; his daughter, Kris Loughney; his wife's son, Michael Dick; three brothers; and five grandchildren. The community of Fresno is saddened by his passing and I would like to extend my condolences to his family.

Mr. Speaker, today I rise in support of H.R. 4179. This legislation would impose trade sanctions on Japan if the ban on American beef is not lifted by a reasonable date. For decades, Japan has been a friend and reliable trading partner with the United States, and I anticipate that relationship will prosper. However, in spite of our best efforts, our fine relationship has been strained by Japan's continued ban on imports of U.S. beef.

There is reason to be optimistic that this legislation will not be enacted if Japan takes reasonable action. Japan's Food Safety Commission gave a favorable report on Monday, October 31, 2005, and will continue to review the ban for a mandatory one-month comment period. After the one-month waiting period, the Japanese government may drop the ban and resume beef imports. However, should the Japanese not take favorable action, the trade sanctions would go into effect on December 15, 2005.

The December 15 date is not arbitrary. In fact, I believe it is a well-timed and necessary mechanism to encourage the ban to be lifted. The U.S. beef industry and the federal government have not only assured the Japanese government of our stringent safety standards, but have also made every effort to exceed the requirements set forth by Japan's Food Safety Commission.

American beef continues to be the safest and the highest quality beef in the world. The American beef producers deserve the full benefit of our bilateral trade agreement. This legislation reserves our right to respond forcefully should Japan prolong this shortsighted ban. I urge my colleagues to join me in support of this legislation.

Mr. Speaker, I rise today in honor and memory of the civil rights icon Rosa Louise Parks. Almost half a century ago, Mrs. Parks' refusal to surrender her bus seat triggered the first organized actions in the civil rights movement. Because of her action that day, Mrs. Parks will always be remembered as the ``mother of the civil rights movement.''

Rosa Parks was born in Tuskegee, Alabama on February 4, 1913. As a girl, she wrote, ``I had a very strong sense of what was fair.'' She led a life dedicated to improving civil rights and acted as an inspiration to many Americans.

On December 1, 1955, Mrs. Parks sat in an unreserved section of a city bus. When asked to give up her seat for a white man she politely refused. It is a common misconception that Rosa Parks was unwilling to give up her seat because she was tired from a long day at work. As she told it, ``the only tired I was, was tired of giving in.''

Mrs. Parks' act of civil disobedience is the popular inspiration that led to Martin Luther King Jr.'s decision to lead a bus boycott that lasted an amazing 381 days. On November 13, 1956, in an important victory for the civil rights movement, the Supreme Court outlawed segregation on buses. The civil rights movement would experience many important victories, but Rosa Parks will always be remembered as its catalyst.

Mrs. Parks was a shy, soft spoken woman who was uncomfortable being revered as a symbol of the civil rights movement. She only hoped to inspire young people to achieve great things. However, in 1996 her place in U.S. history was cemented when she was awarded the nation's highest civilian honor, the Presidential Medal of Freedom by President Bill Clinton. Mrs. Parks passed away October 24th at the age of 92, at her home in Detroit.

Rosa Parks will be remembered for her lasting contributions to society. Her legacy lives on in the continued struggle for civil rights around the world. She will be missed.

Mr. Speaker, I rise today in honor and memory of the civil rights icon Rosa Louise Parks. Almost half a century ago, Mrs. Parks' refusal to surrender her bus seat triggered the first organized actions in the civil rights movement. Because of her action that day, Mrs. Parks will always be remembered as the ``mother of the civil rights movement.''

Rosa Parks was born in Tuskegee, Alabama on February 4, 1913. As a girl, she wrote, ``I had a very strong sense of what was fair.'' She led a life dedicated to improving civil rights and acted as an inspiration to many Americans.

On December 1, 1955, Mrs. Parks sat in an unreserved section of a city bus. When asked to give up her seat for a white man she politely refused. It is a common misconception that Rosa Parks was unwilling to give up her seat because she was tired from a long day at work. As she told it, ``the only tired I was, was tired of giving in.''

Mrs. Parks' act of civil disobedience is the popular inspiration that led to Martin Luther King Jr.'s decision to lead a bus boycott that lasted an amazing 381 days. On November 13, 1956, in an important victory for the civil rights movement, the Supreme Court outlawed segregation on buses. The civil rights movement would experience many important victories, but Rosa Parks will always be remembered as its catalyst.

Mrs. Parks was a shy, soft spoken woman who was uncomfortable being revered as a symbol of the civil rights movement. She only hoped to inspire young people to achieve great things. However, in 1996 her place in U.S. history was cemented when she was awarded the Nation's highest civilian honor, the Presidential Medal of Freedom by President Bill Clinton. Mrs. Parks passed away October 24th at the age of 92, at her home in Detroit.

Rosa Parks will be remembered for her lasting contributions to society. Her legacy lives on in the continued struggle for civil rights around the world. She will be missed.

Mr. Speaker, Americans were shocked by our government's response to Hurricane Katrina. They watched as days passed before the people of the gulf coast communities were rescued. Americans rightly wondered, given this poor response to a natural disaster, is our government ready to respond to a terrorist attack?

Americans now deserve the answers, and I believe those answers can best come from an independent commission to both identify what went wrong but, more importantly, to find solutions so that this failed response never happens again.

Mr. Speaker, this Congress shares with the current administration a

weak reputation for oversight. We need only to look back a couple of years to be reminded that it was not Congress nor the White House who demanded an appropriate oversight of 9/11 attacks. Members on the 9/11 Commission have acknowledged it was the families of those lost in the attacks that came to Washington and demanded a thorough review of what went wrong.

Mr. Speaker, do we intend to wait for the people of Mississippi, Louisiana and Texas to march to the Capitol and demand that their administration and their Congress do the right thing and create an independent commission to find out truly how we can best respond in the future?

Mr. Speaker, I rise today to recognize the completion of a spectacular new United States Courthouse in Fresno, California, that will serve the needs of the communities of the great Central San Joaquin Valley.

I am joined in this recognition by my colleagues, who also represent the City of Fresno and the communities served by this new facility, Representatives Dennis Cardoza, Devin Nunes and George Radanovich.

The new courthouse features 14 courtrooms and judicial chambers for the U.S. District Court, the U.S. Magistrate, and the U.S. Bankruptcy Court. It also includes facilities such as a library, conference rooms, jury assembly area, public cafeteria and offices for other federal agencies and elected officials.

This unique, nine-story building integrates the textures, colors and materials of the surrounding natural landscape of Fresno and the nearby Sierra Nevada mountain range.

The building began construction in April 2002 and was completed at a cost of $116 million. It will accommodate 232 employees, who will serve hundreds of private citizens on a daily basis.

Mr. Speaker, it is with the greatest pleasure that I join my colleagues in celebrating this momentous occasion for the communities of the Central San Joaquin Valley.

Mr. Speaker, I rise today to congratulate the people of Taiwan on the occasion of National Day on October 10.

The Republic of China (Taiwan) is our ally in the Pacific. Although it is a small island nation, it has a growing and progressive economy, providing its citizens with quality education, health care and affordable housing. In a recent survey conducted by the Geneva-based World Economic Forum, Taiwan was ranked first in Asia and fifth in the world in terms of growth competitiveness. With its well-educated population, Taiwan is an ideal training ground and place for business entrepreneurship. Much of Taiwan's economic prowess is directly attributable to Taiwan's political system.

A vibrant democracy, Taiwan's history of democratization is an important example of how other countries can change. In 2 decades Taiwan has peacefully transformed its political system, from authoritarian to democratic government, providing a role model for other non-democratic political governments in Asia. In view of China's growing military strength and intentions, the best way to safeguard Asia's permanent peace and prosperity is to have all Asian countries join forces with other democratic countries in the world to form a global community of democracies. In the meantime, we hope democracy will take roots in China. Taiwan's successful democratic experience proves that democracy can indeed thrive on Chinese soil.

We also hope that in the months and years ahead, Taiwan and China will reach a rapprochement of sorts. Taiwan has made efforts to expand cross-strait exchanges in the fields of journalism, information exchange, education, culture and trade in endeavoring to foster mutual trust. Taiwan President Chen Shui-bian has adopted a policy of reconciliation and goodwill toward China. I hope Taiwan President Chen Shui-bian and PRC President Hu Jintao will soon meet and discuss cross- strait issues. A unified China under the principles of freedom, democracy and prosperity is the dream of all peace-loving people.

Again, congratulations to the people of the Republic of China on their National Day.

Mr. Chairman, I rise today to clarify the intent and importance of language in H.R. 3824 regarding the discretionary nature of recovery plans under the ESA. Language in TESRA states that, ``Nothing in a recovery plan shall be construed to establish regulatory requirements.'' This important language will ensure that, as is currently the case, recovery plans cannot be used as a regulatory ``hammer'' on private landowners or others. Let me elaborate.

The ESA Sec. 4(f) states that the Secretaries of Interior and Commerce ``shall develop and implement recovery plans'' for listed species, ``unless . . . such a plan will not promote the conservation of the species.'' This responsibility has been delegated to the U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration Fisheries Service (NOAA Fisheries) (collectively, the Services).

Thus, as a general matter, the ESA compels the Services to develop recovery plans. While FWS and NOAA Fisheries are under a general duty to develop a recovery plan for listed species, the federal courts are in unanimous agreement that the contents of a recovery plan are discretionary with the Services. Recovery plans do not impose legal obligations or requirements on anyone--not on private landowners, not on local or state government units, and not even on the federal government itself. Rather, the case law makes clear that recovery plans are guidance documents.

For example, the 11th Circuit Court of Appeals rejected the argument of an environmental group that would have ``elevate[d] the 1987 [Florida panther] recovery plan into a document with the force of law.'' Fund for Animals v. Rice, 85 F.3d 535,547 (11th Cir. 1996). The 11th Circuit wrote that ESA Sec. 4(f):

``makes it plain that recovery plans are for guidance

purposes only. . . . By providing general guidance as to what

is required in a recovery plan, the ESA `breathe[s]

discretion at every pore.' ''

Id. (emphasis supplied), citing Strickland v. Morton, 519 F.2d 467, 469 (9th Cir. 1975)).

FWS itself has taken the position that recovery plans have no binding effect. Courts have agreed with the agency's position. For example, in Biodiversity Legal Found. v. Norton, 285 F.Supp. 2d 1 (D.D.C. 2003), environmental groups argued that the recovery plan for the Cape Sable Seaside sparrow had a binding impact to compel revisions to the species' critical habitat. FWS asserted that `` `the content of Recovery Plans required under ESA Sec. 4(f) is not binding upon the Service, so cannot create a legal duty.' '' Id. at 13. The district court, citing the 11th Circuit's opinion in Fund for Animals (discussed above), agreed with FWS. It ruled that the sparrow's recovery plan ``was merely a guidance, which FWS had discretion to follow.'' Id.

Similarly, environmental groups claimed that the recovery plan for certain whale species was deficient because it failed to include substantive, mandatory requirements. The court disagreed, holding that ``[c]ase law instructs that [FWS is] correct in [its] assertion that the content of recovery plans is discretionary.'' Strahan v. Linnon, 967 F.Supp. 581, 597 (D.Mass. 1997), aff'd, 187 F.3d 623 (1st Cir. 1998). The court recognized that FWS is under a statutory duty to develop a recovery plan ``to the extent that it is feasible and possible,'' but that ``requirement does not mean that the agency can be forced to include specific measures in its recovery plan.'' Id. at 598. Environmental groups also argued that the recovery plan for the Perdido Key beach mouse must include an expansion of the species' critical habitat. The court, aligned with all of the other opinions on the topic, rejected the environmentalists' argument because ``the contents of the [recovery plan] are discretionary.'' Morrill v. Lujan, 802 F.Supp. 424, 433 (S.D.Ala. 1992).

There is a strong policy justification for finding that recovery plans are discretionary: namely, to allow FWS to allocate its scarce resources as it sees fit. ``Congress recognized that the development of recovery plans for listed species would take significant time and resources. It therefore provided in the ESA that the Secretary could establish a priority system for developing and implementing such plans. This priority system allows the Secretary broad discretion to allocate scarce resources to those species that he or she determines would most likely benefit from development of a recovery plan.'' Oregon Natural Resources Council, supra, 863 F.Supp. at 1282-83 (emphasis supplied).

To conclude, in a rare show of agreement among court interpretations of the ESA, the federal judges that have addressed this point have all agreed that recovery plans are simply discretionary guidance documents, with no binding effect. It is clearly the intent of H.R. 3824 to not only remain consistent with this established line of precedent, but to codify this important fact.

Mr. Speaker, since the 1973 energy crisis, we are no more energy independent now than we were then, and this legislation will do nothing to resolve this Nation's bankrupt energy policy.

For those of you who support federalism, this measure goes in opposition to state rights!

Our current energy policy is bankrupt. If this Congress is to pass a real energy policy, here are some things what we must do: Open up ANWR; invest the revenue into renewable energy resources; and provide incentives to promote the ingenuity of Americans to develop energy measures that are progressive and will rid us of energy dependence. The President has it right, we must conserve, but we must go further like improve CAFE standards and provide incentives to build a High Speed Rail network. Conservation is an American value, and it is lacking from this bill.

This Congress must craft a real energy policy that goes beyond the status quo.

Therefore, I urge that we vote down this measure, and support the Democratic substitute.

Mr. Speaker, I rise today to congratulate the National Conference of State Legislatures Leadership Institute for 10 years of dedication and excellence in the formation of effective public policy makers. Over 300 State Legislators have participated in the Leadership Institute through its first 10 years.

The National Conference of State Legislatures is a bi-partisan organization that serves the legislators and staffs of the United States and its commonwealths and territories. NCSL provides research, technical assistance, and a forum in which policy makers can exchange ideas.

The primary goals of NCSL are to improve the quality and effectiveness of state legislatures, to promote policy innovation and communication among state legislatures, and to

ensure state legislatures a strong, cohesive voice in the federal system.

The ideals of strong and effective leadership are the cornerstones upon which the NCSL Leadership Institute was founded. Leadership is an essential ingredient of any legislature. Moving beyond conflict and partisanship to meet the real needs of people is the fundamental test of legislative leadership.

The NCSL Leadership Institute seminars foster lively discussions and provocative case studies, where promising leaders can explore their common values and the future of the legislature in a bi-partisan setting.

Numerous State Legislators have attended the Leadership Institute in its 10 years of operation. The future of our government depends on the quality and creativity of the men and women who lead it and is imperative that we endorse programs that instill leadership qualities. On behalf of past, present and future Legislators, I extend my continued support and appreciation of the NCSL Leadership Institute.

Mr. Speaker, I rise today to honor Jim Boren for receiving national recognition as an outstanding journalist by the Journalism Education Association which recently awarded Mr. Boren with the National Media Citation Award.

Jim Boren is an established journalist who has won numerous awards and recognition from national organizations and community groups. Jim Boren was one of California State University, Fresno's finest graduates and had many opportunities to leave the Valley in pursuit of prestige. Being the dedicated Fresnan that he is, however, Jim chose to stay in his community and share his talent with his hometown.

Beginning his career in 1972, Jim joined the Fresno Bee. He worked his way up from a general assignment reporter to becoming the Fresno Bee's main political writer. He spent 15 years in that position keeping the San Joaquin Valley informed about local and national events by covering local elections, gubernatorial races and presidential campaigns. In 1995 Jim Boren became Editor of the editorial page in the Fresno Bee.

Jim Boren has a well-deserved reputation as a skilled and reliable investigative reporter. His journalistic abilities, compassion, and belief in justice are credited in the release of innocent prisoners charged for crimes they did not commit.

Mr. Boren has been the recipient of numerous awards for his talent as a journalist. He has received notoriety from various organizations, including an investigative reporting award from the Society of Professional Journalists, the Jim Tucker Award from California State University, Fresno, and the national honor of receiving the Friend of Scholastic Journalism Award from the Journalism Education Association.

For his contributions and loyalty to the community, it is with great pleasure that I extend the gratitude and appreciation of the residents of the San Joaquin Valley to Jim Boren.

Mr. Speaker, I rise today to congratulate San Joaquin Valley College on the celebration of their 20th Anniversary.

San Joaquin Valley College deserves to be commended for its dedication to maintaining a quality educational environment for all of the students on its various campuses. The college has made enormous progress within its twenty-year history. San Joaquin Valley College has advanced from a student body of less than 20 and a staff of only 11 to having over 660 students with a faculty of over 100 employees.

San Joaquin Valley College was founded in 1985. From their humble beginning, the college has always put their students first. They offer degree and certificate programs in business, medical, and technical fields. The college has ever increasing programs to fit the needs of their students. They are also committed to providing the best of both general and vocational education. From 1985 to present, San Joaquin Valley College has graduated over 8,400 students from their Fresno campus alone.

In 1995 San Joaquin Valley College became regionally accredited by the Western Association of Schools and Colleges. The college makes sure to stay involved with the community. The Fresno Campus of San Joaquin Valley College is a strong partner in the local community, receiving numerous awards and recognition from some of the following organizations: The Mayor's Office for the Fresno Dental Assistants, the California State Job Training Coordinating Council for Outstanding Service Provider, the Community Appreciation Award from the United Way of Fresno County, American Red Cross and so many other noteworthy organizations.

For the past 20 years San Joaquin Valley College has created superior learning standards that can only be described as life changing by all of their graduates. They offer small classes, a family-like atmosphere, flexible class schedules, hands-on training, financial aid availability, as well as job placement assistance. San Joaquin Valley College provides quality education in order to produce quality potential employees.

We stand to commend San Joaquin Valley College as an excellent educational provider and applaud their efforts to strengthen our community.

Mr. Speaker, I rise today to honor the memory of Robert M. Wash of Fresno, California. He is survived by his two sons John and Thomas, and daughter Lynn.

Robert Wash was a respected member of our community and his memory will be forever cherished. He was born to Henry and Effie Wash on May 27, 1908 and grew up in Fresno County. His family instilled in him the qualities of character with which he touched so many lives.

Upon graduation from Caruthers High School, Mr. Wash attended the University of California, Berkeley; where he graduated with a degree in Economics. Ever the dedicated student he continued his education at Boalt Hall and passed the California State Bar Exam. He pursued his passion for law by becoming a prosecuting attorney in the District Attorney's office for several years. In 1950, he was appointed Fresno County's first County Counsel. He retired from the position in 1978, after serving as County Counsel for 28 years. In 2001, Robert Wash received the highly prestigious Bernie E. Witkins Lifetime Achievement award from the Fresno County Bar Association.

Mr. Wash was not only a dedicated employee he was also an active community participant. He was a member of the Fresno Rotary Club, Fowler Friday Evening Club, Garden of the Sun Corral of the Westerners International and the San Joaquin Civil War Roundtable.

Robert Wash had a passion for history that he expressed through his amazing writing. His vast knowledge of the area's history and his love of the subject was projected through his writings. Many of the historical markers in Fresno County are inscribed with his words. He was the President of the Fresno County Historical Society and played the role of Confederate President Jefferson Davis at the Civil War Reenactment ceremonies on several occasions.

Aside from being an accomplished writer and making incredible professional achievements, Robert Wash was a beloved family man. He is described as being a good man who took care of his family.

Robert Wash was his Family's hero and will continue to be appreciated by his community.

Mr. Chairman, I rise in support of H.R. 3824. This legislation is a reasonable, balanced response that I think will address many of the unintended difficulties and consequences that have arisen since the passage of the original Act.

Over 30 years have passed since that time. That has given us an awful good opportunity to see what sort of insight and experience in terms of what has worked in preserving and protecting endangered species and habitat and what just as importantly has not worked.

California faces numerous challenges in complying with the Endangered Species Act, like many parts of our country. In California, we have 293 threatened and endangered species in the State, the second largest number in the Nation. We also have 11 million acres of designated critical habitat of which 30 percent of it is privately owned. In Kern County, part of which lies in my district, we have more listed species than any other county in the State of California.

To relay an anecdotal story of which there have been many here today, in 1995, we had a Chinese immigrant farmer who, believe it or not, was jailed and prosecuted due to an accidental taking of a species on his land that he had farmed for years. As a matter of fact, his tractor had been confiscated as corroborating evidence.

As a result of that, I and others in the California legislature led a successful effort to change the law to ensure that that would not happen again.

During the committee markup last week, I successfully passed two amendments that clarify local governments' role in participating in the development of habitat conservation planning. As we know, many of the habitat conservation plans have had difficulty in their adoption. The on-the-ground information from our local governments and water agencies and land use agencies is beneficial in the crucial input in the listing process and for trying to provide recovery efforts that are successful.

Mr. Chairman, the Endangered Species Act needs improvement, and I think this bill is a step in that direction. It obviously is a work in progress, but we should understand that the dilemma that we face in America today is that while we all want to protect native plants and species, the dilemma is that our population growth has threatened the habitats for many of those plants and animals, and therein lies the dilemma.

We must continue to work on efforts that I think are included in this legislation, realizing that we are going to have to revisit them in future years.

I applaud the bipartisan efforts of the gentleman from California (Mr. Pombo) and the ranking member, the gentleman from West Virginia (Mr. Rahall) and their staff for working with all the members of the committee, and the gentleman from California (Mr. Cardoza) for addressing the problems of the original bill.

I urge my colleagues to vote for its passage.

Mr. Chairman, I would like to enter into a colloquy with the chairman of the Committee on Resources.

My amendment that I referenced a moment ago that was accepted by the committee is meant to assure that States and units of local government have fair input in the listing process for threatened and endangered species. Local governments, we know, often have the best on-the-ground information on the status of communities of plants and animals that are in the area.

This bill would formally recognize the local governments' rights to comment on the listing process and the acquisition of the best available scientific data. In many areas of California, we have water districts that are an extremely active part of the local governmental units that are involved in the species recovery process. The contributions that they make are many.

In order to understand the status and the challenges of the various species that are listed, is it the chairman's understanding that the reference to units of local government in section 8 of the bill would include water districts?

I yield to the gentleman from California.

I thank the gentleman very much for that clarification.

Mr. Chairman, I very much wanted to support the substitute amendment that we are debating this afternoon.

I have the utmost respect for the gentleman from California (Mr. George Miller). Both he and I have been afforded the opportunity to spend some time together in the wonderful Sierra Nevada mountains, and I know how much respect and pride he has for America's natural resources. I share it as well.

But there are three areas as it relates to the proposed substitute amendment that I find to be very problematic and important to the constituents that I represent that have had difficulty with this act over the years.

First of all, the definition as it relates to property rights I think is lacking and needs to be worked on in an important way.

Second, as it relates to the discussion of jeopardy to species, it is so vague. How it would be applied to section 7 and other aspects of the measure, I do not believe it is clear and could indicate further need for litigation, which is the current problem and part that we are trying to solve. I just do not believe that the jeopardy definitions under the current proposed substitute amendment could work as they currently are drafted.

Finally, this is very important and I mentioned it in my comments in supporting the bill: there are no clear definitions as it relates to takings for farmers and ranchers, not just in California but throughout the country. Farmers and ranchers, I would maintain, are, in many cases, one of the last bastions of protection for habitat. I mean, think about it. They really want to farm, and they want to be able to maintain their ranches. When we have growth areas throughout the country, like in California, those farms and those ranches are one of the last hedges to urban sprawl and uncontrolled growth. Therefore, having no clear definitions for takings, I think, is critical.