52 



Mr. Rose. Let me ask you a question. You don't think that can 

 be done short of Mr. Brown's bill? 



Mr. Boyd. No, I do not, Mr. Chairman, and I understood the 

 question that you asked about the MSA. What I would like to do 

 is to show you what I think is a very poignant example. I showed 

 this to the Federal district court judge, Judge Wanger, in the east- 

 ern district. 



What I am going to do is put up a map from the Forest Service. 

 They prepared this map themselves back in 1986. This is a portion 

 of the Sequoia National Forest. At that time, they designated this 

 area as core habitat area for the spotted owl. 



In particular, I would like you to look at this box right here. You 

 can use that as a point of reference. You see that kind of L-shaped 

 box right there. 



Now, what I am going to overlap that with is another map 



Mr. Rose. What is the first map of? 



Mr. Boyd. The first map is of a portion of the Sequoia National 

 Forest where, by the Forest Service's own analysis, this was core 

 habitat area for the California spotted owl that needed to be pro- 

 tected. 



What the second map is, it is another analysis that was done by 

 the Forest Service in 1992. What you can see, although it is dif- 

 ficult to tell, but what this shows is that in these two spots right 

 here, right above the words "core habitat," you now have clearcuts 

 in 1992. 



The way that you can see it even better is when I just take this 

 second map and remove the first, you can see it a lot clearer. Right 

 in through here, this whole area, you can see that it is marked 

 with dotted speckled lines. That was all designated as foraging 

 habitat. You c£in also see it down here, and you can see it down 

 here, the speckled lines. This was in 1991 after the mediated set- 

 tlement agreement, the supposed deal where the Forest Service 

 was going to make a genuine effort to manage the forest. 



The very next year, you can see, they remapped the lines and 

 they put clearcuts right in the foraging habitat area, right in it, a 

 year later. The Federal judge was shocked by this, and I am not 

 talking about some liberal judge who is a judicial activist; I am 

 talking about Oliver Wanger, who was appointed by President 

 Bush. 



Mr. Rose. What did he do? Was he in a position to do anything? 



Mr. Boyd. He was in a position to tell them that they could not 

 just rely on this mediated settlement agreement. They said the 

 same kinds of things. "Oh, the mediated settlement agreement is 

 already there. Your Honor. Everyone can rely on that." He said no. 

 He said you cannot. He said there is new, evolving information, 

 and you have to incorporate that in. 



That is why when Mr. Thomas today made the statement that 

 we cannot be locked in, that "We cannot lock in knowledge," well, 

 he is right. We cannot, and we cannot lock in the MSA because 

 there is a lot of new information after that that says we cannot 

 proceed with business as usual in the forest. We need to preserve 

 some of the large trees. 



I would like to move on. I would like to also mention that there 

 are a lot of other sales that are similarly situated to the ones that 



