DIAMOND BAR/US REP STEVE PEARCE REQUESTS OIG INVESTIGATION

March 31, 2004

Phyllis K. Fong
Inspector General
Office of Inspector General
United States Department of Agriculture
Room 9–E Jamie Whitten Bldg.
1400 Independence Avenue, SW
Washington, DC 20250

Dear Ms. Fong:

A matter has come to my attention that I believe merits an investigation by your office concerning the actions by the Forest Service towards constituents in my Congressional District.

Kit and Sherry Laney formerly held a grazing permit for the Diamond Bar allotment on the Gila National Forest in New Mexico. They currently do not hold a permit for the allotment, but decided to graze about 400 head of cattle on their former allotment. They were found in contempt of court by a federal judge, which ordered their cattle to be removed from Forest Service lands.

In the course of the removal of the cattle there have been many allegations of misconduct and harassment by Forest Service personnel and their hired contractor.

One allegation that needs investigation is that the private contractor hired to do the roundup actually removed 14 head of horses from private deeded lands that neither Forest Service personnel nor the contractor had permission to enter. Forest Service personnel have demanded $650 per horse to return them to the rightful owners. This allegation is troubling enough in its own right, but the fact that there have been numerous other complaints, including harassment of Laney relatives and other ranchers, questionable or illegal road closures and requirement of permits for individuals to enter private property adds to the perception that a concerted effort is being made to drive law abiding New Mexicans from their homes and livelihoods.

Another troubling aspect of this case that merits your investigation is the costs associated with rounding up the Laney cattle. I would like your office to give me a complete accounting of the costs, and the necessity of every item charged to the roundup.

I am asking you to conduct a thorough investigation into the stated allegations, but also into the general conduct of Forest Service personnel and the private contractor involved in this matter. Your investigation should include conversations with not only Forest Service personnel, but Catron County Commissioners, the Catron County Sheriff and other law enforcement personnel, ranchers and local business owners. If you have any questions, please feel free to contact my office at (202) 225-2365. I look forward to getting your results in a timely manner.

Sincerely,

/s/

STEVAN PEARCE
Member of Congress

cc: Secretary Ann Veneman
Undersecretary Mark Rey