Congressional Review Act resolution to overturn Department of Interior regulation on barred owl management
Senator Kennedy is giving a lengthy, detailed speech opposing a regulation through a CRA resolution vote. While this consumes floor time, it appears to be standard debate on a scheduled vote rather than obstructive delay tactics.
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Mr. President, in a few minutes, we are going to vote on my resolution, pursuant to the Congressional Review Act, to overturn a rule promulgated by the Federal Government, specifically, the Department of the Interior. I can't think of a rule that better demonstrates the arrogance, the hubris of the Federal administrative State. It has to do with God's creatures. I talked about this yesterday. This is a barred owl, spelled B-A-R-R-E-D. This is a spotted owl. They are both magnificent animals. If you ever studied them, they both have very soulful eyes. They have incredibly--you probably never had an opportunity to pet one, but they have incredibly soft feathers. They are not enemies; they are cousins. There are 19 species of owls in the United States. These two have been around about 11,000 years. They are not enemies. They both hunt mice and lizards and snakes and insects and mosquitoes. The barred owl is slightly bigger than the spotted owl. The barred owl is a better hunter. That is just the way God made them. Now, the Department of the Interior--this started under President Biden, but I don't want to mislead anyone. Secretary Burgum, our current Secretary of the Interior, very much opposes my CRA and supports this regulation I am trying to overturn. What would the regulation do? Here is what it would do. The Federal Government, as I said yesterday--it was true then and is true now-- which can't even deliver the mail when the stuff has an address right on the front of it and, in particular, the Department of the Interior, under President Biden and now under President Trump--as an aside, it is very hard to piss off both the Biden administration and the Trump administration, but I have managed to do that. That is OK. I think I am right. The Department of the Interior is proposing to kill 453,000 barred owls. Kill them--mamas, daddies, babies. Why? To protect, they say, the spotted owl. You go: Whoa, why does a spotted owl need protecting from the barred owl? They are cousins. They share the same habitat. Sometimes they have sex. It is not unknown that a barred owl will marry a spotted owl. A barred owl marries another barred owl for life, in fact, and sometimes a barred owl will marry a spotted owl. The barred owl doesn't eat the spotted owl. The barred owl doesn't kill the spotted owl. But the barred owl is a better hunter. And the Department of the Interior says because of that, they have to kill 453,000 barred owls to help the spotted owls. That is what the Federal Government has come down to. We now have DEI for owls. According to the Department of the Interior: Bad owl; good owl. But we are not talking about an admission to college. If you are on the wrong end of this DEI proposal, you don't just not get--the owl doesn't not get admitted to college; the owl gets killed. I have been around a little while. I have seen a few vampire movies. This isn't the first one of these, but this is one of the worst examples I have ever seen of the arrogance and the hubris of the Federal Government. This is bone-deep, down-to-the-marrow stupid. Let me tell you why. First of all, it is not going to work. The Federal Government is going to send out a bunch of hunters. Here is one of their hunters. That is what they will probably look like. They are going to send out a bunch of hunters at night with flashlights and shotguns. Because the owls are nocturnal, they live at night; they come out at night. They hide during the day. Both barred owls and spotted owls live about 40 feet up in the trees. So they are going to send these cowboys out there with their little lights and they are going to point up and they are supposed to shoot the barred owl and not shoot the spotted owl. Dream weaver. Dream weaver. So to kill the barred owls, it is inevitable they are going to kill some spotted owls. No. 2, I have been all through the regulation. I see no indication where using lead shot is prohibited. We changed the rules about using lead versus steel shot because we realize how dangerous lead is. So they are going to kill--if they use a lead shot, which is a lot cheaper than steel shot--yes, they will kill some barred owls, and they will also kill some spotted owls. They will also kill some eagles. They are also going to kill a bunch of hawks, and they are going to kill a bunch of other wildlife because they eat the lead and the lead kills them. It is not going to work. The third reason it is not going to work and what the Department of the Interior won't tell you is that the barred owl, which is native to the Eastern United States, started moving west into the jurisdiction of the spotted owl about 100 years ago. It has been steadily moving west because the old-growth forests, where the barred owl lived in the Eastern United States, in northeastern Canada, was cut to make room for people. So the barred owl started moving west, and now the barred owl is in Washington and Oregon and Northern California and British Columbia. Once again, they don't eat each other. They don't kill each other. But the spotted owl that the Department of the Interior says it has to save was losing population well before the barred owl moved in. Do you know why that is? Because what is happening in the West is the same thing that was happening in the East. Because we gained population and people moved to the suburbs, we reduced old-growth forests, which reduces the habitat for both owls. I am not saying that we shouldn't harvest trees appropriately. I am not saying that. We have also had wildfires. That is what is damaging the spotted owl. It is not the barred owl. The final point is that this isn't going to work in that, unlike some of the employees in the Department of the Interior, the barred owl isn't stupid. Once you start shooting the barred owl, the barred owl is just going to move on up to Canada. Then, as soon as the coast is clear, the barred owl is going to come back, OK? So you are not going to do anything to help the spotted owl. The second reason that this regulation is bone-deep, down-to-the- marrow stupid is that it is going to be expensive. In, I think, 2024, the Department of the Interior issued a contract to kill, I think it was, 1,500 barred owls. I don't know how they could do it. I don't know how they had the authority, but they did it. That is the way the bureaucracy works. They hired hunters. They paid them $3,000 a bird-- $3,000 a bird. So, if they went out at night with their little flashlights, looking 40 feet up in the trees, and they killed a daddy barred owl, they got $3,000. If they killed a mama barred owl, they got $3,000. And if they killed a baby barred owl, they got another $3,000. Do you know how they really hit the jackpot? It was when they would catch a mama barred owl in her nest, protecting her baby chicks. With one shotgun shell, you hit all three baby chicks. That is $9,000. That is what we are going to use taxpayer money for. Now, the Department of the Interior wants to send out these folks to kill 453,000 barred owls at $3,000 a pop. That is $1.3 billion--not million but billion dollars--to try to protect the spotted owl, not because the spotted owl is hurting anybody, not because the barred owl is hurting anybody. The barred owl is just a better hunter, and the Department of the Interior will tell you that. The barred owl is better. They both eat the same thing. They are better at catching prey, and they think that is putting pressure on the spotted owl. The spotted owl isn't on the endangered species list. If the spotted owl is in such bad shape, why hasn't the Department of the Interior moved to put the spotted owl on the endangered species list? Do you know why? Because they can't, because they are not in danger. The Department of the Interior likes to use the word ``threatened''-- ``threatened,'' ``threatened.'' Well, hell, the zebras are threatened by lions, but the Interior Department--at least not yet--isn't suggesting we go kill all the lions because they eat zebras. I don't want to mislead anyone. This regulation was promulgated under President Biden, but Secretary Burgum, with whom I have spoken--I have great respect for him--is adamant that this is a good rule and a good regulation. In fact, he told me, as I mentioned yesterday, that by opposing his idea, I was slandering the Trump administration. I am slandering the Trump administration. No, sir, I am trying to help the Trump administration. I am trying to save the Department of the Interior and the Secretary from himself. In a rare moment of candor, let me tell you what one employee from the Department of the Interior said to a reporter. He probably got fired for it, but this is what he said, and he was--and is--a Fish and Wildlife employee and expert. He said: I think all we can really do is try our best to provide a habitat for spotted owls, and in the long run, we are just going to have to let the two species work it out. The final point I will make, and what aggravates me the most about this, is I know the employees at the Department of the Interior are smart and virtuous. I know they are smarter and more virtuous than me. But who appointed them God? Who appointed them Pope? Animals migrate all the time. It happens all the time, not just mammals but all animals. They move location. So we are going to be in the business of telling animals: Well, you can live here, but you can't live there. We are also going to be in the business of choosing which owls can live and which owls can die. I am going to end like I ended yesterday. This is my advice to my friends at the Department of the Interior, and I don't mean any disrespect in saying it: Life is hard. Life is very, very hard, but it is a lot harder when you are stupid. This regulation is stupid, and we will live to regret it, just like China, back when Mao, during the Great Leap Forward, issued a decree--in his arrogance and in his hubris--to kill all the sparrows in China. And they did, just like we are going to kill all the owls. Two million of the Chinese people died. That is what happens when you mess with God and Mother Nature. As a result, they had to import sparrows. We will end up, someday, if they do this, having to import barred owls. We will regret it. I don't know, Mr. President, what I am supposed to say next to start the vote, but I am ready. Here it is. Motion to Proceed Mr. President, I move to proceed to Calendar No. 190, S.J. Res. 69. The PRESIDING OFFICER (Mr. Banks). The clerk will report the joint resolution by title. The bill clerk read as follows: Motion to proceed to Calendar No. 190, S.J. Res. 69, providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to ``Record of Decision for the Barred Owl Management Strategy; Washington, Oregon, and California''.