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[108 Senate Hearings]
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[DOCID: f:91746.wais]
S. Hrg. 108-310
NOMINATIONS OF THE 108th CONGRESS,
FIRST SESSION
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED EIGHTH CONGRESS
FIRST SESSION
on
__________
APRIL 1, 2003
__________
RICHARD W. MOORE, TO BE INSPECTOR GENERAL OF THE TENNESSEE VALLEY
AUTHORITY
RICKY DALE JAMES AND REAR ADM. NICHOLAS A. PRAHL, TO BE MEMBERS OF THE
MISSISSIPPI RIVER COMMISSION
JOHN PAUL WOODLEY, JR., TO BE ASSISTANT OF THE ARMY FOR CIVIL WORKS
ROBERT BOLDREY, MALCOLM B. BOWEKATY, HERBERT GUENTHER, RICHARD NARCIA,
AND BRADLEY UDALL, TO BE MEMBERS OF THE BOARD OF VISITORS OF THE MORRIS
K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL POLICY
FOUNDATION
Printed for the use of the Senate Committee on Environment and Public
Works
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WASHINGTON : 2003
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COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
one hundred eighth congress
first session
JAMES M. INHOFE, Oklahoma, Chairman
JOHN W. WARNER, Virginia JAMES M. JEFFORDS, Vermont
CHRISTOPHER S. BOND, Missouri MAX BAUCUS, Montana
GEORGE V. VOINOVICH, Ohio HARRY REID, Nevada
MICHAEL D. CRAPO, Idaho BOB GRAHAM, Florida
LINCOLN CHAFEE, Rhode Island JOSEPH I. LIEBERMAN, Connecticut
JOHN CORNYN, Texaa BARBARA BOXER, California
LISA MURKOWSKI, Alaska RON WYDEN, Oregon
CRAIG THOMAS, Wyoming THOMAS R. CARPER, Delaware
WAYNE ALLARD, Colorado HILLARY RODHAM CLINTON, New York
Andrew Wheeler, Majority Staff Director
Ken Connolly, Minority Staff Director
(ii)
C O N T E N T S
----------
Page
APRIL 1, 2003
OPENING STATEMENTS
Baucus, Hon. Max , U.S. Senator from the State of Montana........ 10
Bond, Hon. Christopher S., U.S. Senator from the State of
Missouri....................................................... 3
Inhofe, Hon. James M., U.S. Senator from the State of Oklahoma... 1
WITNESSES
James, Ricky Dale, to be a Member of the Mississippi River
Commission..................................................... 5
Committee questionnaire...................................... 21
Letter, Office of Government Ethics.......................... 28
Prepared statement........................................... 19
Moore, Richard W., to be Inspector General of the Tennessee
Valley Authority............................................... 5
Committee questionnaire...................................... 12
Letter, Office of Government Ethics.......................... 19
Prepared statement........................................... 10
Sessions, Hon. Jeff, U.S. Senator from the State of Alabama...... 2
Woodley, John Paul, Jr., to be Assistant Secretary of the Army
for Civil Works................................................ 4
Prepared statement........................................... 38
ADDITIONAL MATERIAL
Statements:
Boldrey, Robert Lance, to be a Member of the Board of
Trustees of the Morris K. Udall Scholarship and Excellence
in National Environmental Policy Foundation................ 39
Bowekaty, Malcolm, to be a Member of the Board of Trustees of
the Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation............................ 40
Guenther, Herbert R., to be a Member of the Board of Trustees
of the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation................... 40
Narcia, Richard R., to be a Member of the Board of Trustees
of the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation................... 40
Prahl, Rear Adm. Nicholas Augustus, NOAA, to be a Member of
the Mississippi River Commission........................... 28
Committee questionnaire.................................. 31
Letter, Office of Government Ethics...................... 38
Udall, Bradley Hunt, to be a Member of the Board of Trustees
of the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation................... 41
NOMINATIONS OF THE 108TH CONGRESS, FIRST SESSION
----------
TUESDAY, APRIL 1, 2003
U.S. Senate,
Committee on Environment and Public Works,
Washington, DC.
The committee met, pursuant to notice, at 9:30 a.m. in room
406, Senate Dirksen Building, Hon. James M. Inhofe [chairman of
the committee] presiding.
Present: Senators Inhofe, Jeffords, and Carper.
OPENING STATEMENT OF HON. JAMES M. INHOFE, U.S. SENATOR FROM
THE STATE OF OKLAHOMA
Senator Inhofe. Good morning. The hearing will come to
order.
I would ask that our nominees be seated.
The purpose of today's hearing is to consider the
President's nominees for the position of the TVA, the
Mississippi River Commission, and the Department of the Army.
Mr. Richard Moore has been nominated by the President to be
Inspector General of the Tennessee Valley Authority. It was set
up by the U.S. Congress in 1933 primarily to provide flood
control, navigation, and electric power in the Tennessee Valley
region. It is now the Nation's largest public power producer as
well as the steward of the Nation's fifth largest river system.
Mr. Moore has been an Assistant U.S. Attorney in the
Southern District of Alabama since 1985. I won't say anything
more about him. We have Jeff Sessions here to elaborate a
little bit on that.
The committee will also hear Mr. R.D. James who has been
nominated to serve as a member of the Mississippi River
Commission. Since the flood of 1928, the primary function of
the seven-member Mississippi River Commission has been to
implement, construct, and operate the Mississippi River and
tributaries project. Mr. James has been a member of the
Commission since 1981 and has been nominated to serve a third
term. He is currently the General Manager of A.C. Riley Cotton
Company in New Madrid, Missouri.
Where is New Madrid, Missouri?
Mr. James. It is in the boot hill southeastern corner of
Missouri, right on the Mississippi River. It is the little part
that looks like it should have been Arkansas.
Senator Inhofe. Near Cape Girardeau.
Mr. James. Fifty miles south of Cape Girardeau.
Senator Inhofe. Good. I used to go up there to the aircraft
auctions once a month.
Our final nominee under consideration today is Mr. John
Paul Woodley, nominated to serve as the Assistant Secretary of
the Army for Civil Works. Mr. Woodley was unanimously approved
by the Armed Services Committee last week and was immediately
referred to this committee. He has been serving as the
Assistant Deputy Under Secretary of Defense for Installations
and Environment since October 2, 2001.
If confirmed, Mr. Woodley would be in charge of the Army
Corps of Engineers. The Corps has provided a valuable service
to this Nation for the last 200 years. It has supported our
troops in every armed conflict in our Nation's history,
including the current operation in Iraq. The Corps has also
been instrumental in the creation of the most dynamic inland
waterway system in the world.
I want to thank all of you for being here today. This is
going to be a very short meeting. At the present time we are
also having a meeting of the Senate Armed Services Committee to
consider the encroachment issue which this committee is going
to be looking into next week. We will keep this fairly short.
I now refer to Senator Sessions for any comments he might
want to make.
STATEMENT OF HON. JEFF SESSIONS, U.S. SENATOR FROM THE STATE OF
ALABAMA
Senator Sessions. Thank you, Mr. Chairman.
Thank you for allowing me to have these words. We
appreciate your leadership of this committee. I enjoyed my
tenure with you before, serving on your subcommittee. Now you
chair the full Committee on Environment and Public Works. I am
proud of you and thankful that your values will be brought to
bear on the issues facing our country.
Richard Moore, I think, is one of America's finest public
servants. He joined the United States Attorney's Office when I
was U.S. Attorney. He demonstrated extraordinary capacity for
work, for ability to try complex cases. He had a good
background, including graduating from Spring Hill College in
Mobile, an excellent Jesuit college. He went to high school in
Mobile, and went to Cumberland Law School where I attended
school and where my daughter attended law school. He has done a
terrific job.
He was named Senior Litigation Counsel in the office. That
position is a real honor. One percent of the prosecutors in the
country are named Senior Litigation Counsel. It represents a
confidence that that attorney is capable of handling and is, in
fact, a litigator of some of the most important cases around.
He is now serving as Coordinator in the U.S. Attorney's Office
of the Anti-Terrorism Task Force. That is an important new role
of the United States Attorney's offices. Twenty-five Federal
agencies work together in the Southern District of Alabama to
plan the antiterrorist effort.
He had an interesting opportunity several years ago. In
1997-1998 he went to Oxford, England, as part as a fellowship
to Oxford University. He spent a good bit of time there and
lectured on the prosecution of serious fraud in the United
States and England.
Mr. Chairman, there was a matter that came up before this
Senate involving Allen Teal and insurance fraud. It was being
investigated in several districts around the country. I
assigned Richard Moore to investigate and prosecute the case,
if appropriate, in our district. Within 6 months, he had Allen
Teal under indictment. That turned out to be at the time
probably the largest insurance case in American history, $50
million or more in losses. Senator Sam Nunn's committee had had
repeated hearings on these matters.
He is a churchman, and a man of integrity and ability. I am
delighted that he is taking over this challenge at TVA. Just to
show you how big TVA is, Mr. Chairman, they have a debt of $25
billion. This IG has great potential to bring discipline,
credibility, and integrity to the highest possible levels in
TVA. I think they can achieve that. Richard will be an
extraordinary leader. He has a wonderful wife, Elizabeth Ann. I
am proud of them.
I thank you, Mr. Chairman, for giving me the opportunity to
say something about my good friend, Richard Moore. He is the
kind of person that you would be proud to have in your home for
supper with your family and the kind of person all of us are
proud to see in public service.
Thank you very much.
Senator Inhofe. Thank you, very much, Senator Sessions. I
can tell you that comes from the heart.
I have a statement that I was asked by Senator Bond who
could not be here. I will place his statement in the record.
[The prepared statement of Senator Bond follows:]
Statement of Hon. Christopher S. Bond, U.S. Senator from the State of
Missouri
Mr. Chairman, I appreciate your holding this hearing during such a
busy work period and I am grateful for your leadership and support on
issues that relate to the Corps of Engineers. In particular, I welcome
an able nominee and very highly regarded constituent, Mr. R.D. James
who was recommended by Senator Lincoln from Arkansas and myself. Mr.
James is a great advocate for the Corps and the people who the Corps
serves on the Mississippi River and he has an acute understanding of
the issues that relate to water resources management. In addition, R.D.
is a good and trusted friend and I hope the committee gives him a warm
welcome and moves his nomination with dispatch because he is eager to
go back to work.
The Corps is a trusted and critical partner to our communities,
farmers, shippers, energy providers and others. Historic investment in
Corps programs by visionaries of the past has yielded dramatic economic
stimulus to our communities. The numbers speak for themselves.
Every year, Congress yields a referendum on the value of the Corps
by making hundreds of individual project-by-project requests and
additions to the Energy and Water Appropriations bill because the
demand for these investments is high and its support is bipartisan and
broad-based. The Corps does not undertake any projects that are not
first authorized and then appropriated by Congress.
Regrettably, while we have elevated these investments over
Administration requests, more is necessary and I look forward to
working with the Chairman to ensure that the mission of the Corps
remains not just viable but active. Further, I believe it is past time
to make the kind of long-term investments that will do justice to the
legacy of those forward-thinkers who have provided for our economic
opportunity. The decisions today will be the basis for our
competitiveness for our children and grandchildren and I have no
intention of rolling back our commitment to their future.
When confirmed, Mr. Woodley will have a big job ahead of him that
will test his skill and test his spine. It will require him to weigh
competing views from passionate stakeholders to solve problems and
ultimately make decisions and stand by them. The Corps is the Agency
with the responsibility to represent not just fish and wildlife and not
just producers and not just recreational fishermen. They have to
balance all needs which is why they are in the vortex of controversy.
Their job is made more difficult by the unwillingness of Congress to
debate and identify priorities. Consequently, the Corps has been under
a great deal of fire from people who don't get their way. With the
Corps under increasing pressure to make difficult decisions, strong
leadership is necessary to protect the role of the Corps and to ensure
that the Agency is represented when inter-agency struggles arise. Few
people want the job of Assistant Secretary but plenty of people in the
Administration want to run the Corps from other Agencies.
There are dozens of issues that must be disposed of. Returning some
certainty to the Missouri River Master Manual management is critical.
The review began in the 1980's with no resolution. President Clinton
and his Administration studied, proposed, withdrew, and re-studied this
matter fro 8 years without resolution. A decision needs to be made to
remove the uncertainty which is stifling investment and perpetuating
political unrest in the basin communities.
In the period after confirmation, I look forward to the opportunity
to make the case on those issues critical to Missouri.
Senator Inhofe. First of all, before asking each one of you
to make a comment, I have one required question to ask of each
one of you. I will ask the question and ask each one of you to
answer this individually.
First, are you willing to appear at the request of any duly
constituted committee of Congress as a witness?
Mr. Woodley?
Mr. Woodley. Yes, Mr. Chairman.
Senator Inhofe. Mr. Moore?
Mr. Moore. Yes, Mr. Chairman.
Senator Inhofe. Mr. James?
Mr. James. Yes, sir; I do, Mr. Chairman.
Senator Inhofe. All right. Do you know of any matters which
you may or may not have thus far disclosed which might place
you in any conflict of interest if you are confirmed to this
position?
Mr. Woodley. I do not, Mr. Chairman.
Mr. Moore. I do not, Mr. Chairman.
Mr. James. I do not.
Senator Inhofe. All right. Thank you very much.
I now defer to Senator Jeffords for any opening comments he
might want to make.
Senator Jeffords. I do have a few questions, I believe.
Senator Inhofe. Do you have an opening statement?
Senator Jeffords. No, I don't.
Senator Inhofe. All right. Do you have any statement you
would like to make concerning this position?
STATEMENT OF JOHN PAUL WOODLEY, JR., TO BE ASSISTANT SECRETARY
OF THE ARMY FOR CIVIL WORKS
Mr. Woodley. Mr. Chairman, in addition to the written
statement that I have submitted, I would like to take this
opportunity if I may to introduce to the Senate my wife,
Priscilla and my daughter, Elizabeth, who are seated behind me.
Senator Inhofe. Which is the wife and which is the
daughter?
[Laughter.]
Mr. Woodley. My other children, my daughter Cornelia, and
my son, John Paul, were not able to get away from school today.
But they are with us here today in spirit.
Senator Inhofe. That's good. We always like to have the
families here.
Mr. Woodley. I deeply appreciate the courtesy of the
committee for giving me this hearing.
I would ask that my written statement be submitted in the
record in its entirety.
Senator Inhofe. Without objection, so ordered.
Mr. Moore, do you have any comments to make?
STATEMENT OF RICHARD W. MOORE, TO BE INSPECTOR GENERAL OF THE
TENNESSEE VALLEY AUTHORITY
Mr. Moore. Mr. Chairman, in addition to my written
statement, I would make a few remarks.
Senator Inhofe. That would be fine.
Mr. Moore. First, I extend my thanks for your scheduling
this hearing to consider my nomination to be Inspector General
for TVA. I would also like thank President Bush for the trust
and confidence that he has placed in me in nominating me for
the position of Inspector General of TVA. I would also like to
thank Senator Sessions for his kind remarks this morning and
for his sponsoring my nomination for this position.
I would say that I am fully aware that there are high
expectations for the next Inspector General for TVA,
particularly since, as you know, this will be first time that
the President has appointed an Inspector General to TVA.
Let me say without equivocation that if I am confirmed to
the position I intend to justify the confidence that has been
placed in me by maintaining my independence as an Inspector
General and using the skills and knowledge that I have acquired
as a Federal prosecutor over the past 17 years. Let me also say
that I know that it is critical that an Inspector General never
compromise his independence, and must avoid even the appearance
of compromising his independence.
I am aware of the history behind the enactment of the
congressional legislation that enables the President to appoint
an Inspector General at TVA. I believe that it is important
that an Inspector General be able to stand his ground on issues
of importance without fear of recrimination. At the same time I
believe it is important that he show due respect, genuine
respect, for the organization that he has oversight. The
Inspector General's logic must be compelling, his facts
irrefutable, and his motives pure. If that is the case, he
should be able to win the respect of management.
Finally, Mr. Chairman, I want to assure you and Senator
Jeffords that I fully intend to be available for this committee
for questions. I will work with you to the best of my ability.
I will work to safeguard the assets of TVA and to make it as
efficient and effective as possible. I would welcome any
questions that either of you might have.
I would ask that my written statement be submitted in the
record in its entirety.
Senator Inhofe. Without objection, so ordered.
Mr. James?
STATEMENT OF RICKY DALE JAMES, TO BE A MEMBER OF THE
MISSISSIPPI RIVER COMMISSION
Mr. James. My name is R.D. James. I am from New Madrid,
Missouri. I appreciate the opportunity to appear before this
committee.
I have served the Mississippi River Commission since
December 1981. I have done so proudly and it is an honor for me
to have that position. The hearing this morning is to consider
my reappointment for a third term. I appreciate appearing
before you.
The Mississippi River Commission was founded in 1879
through the foresight of the Congresses before us. The
Mississippi River then was mostly untraveled. There were ships
and cargo vessels sinking daily, trying to get goods and
services up and down through this young country. In 1879, the
Mississippi River Commission was formed by an enactment of
Congress to take over the Mississippi River and do studies,
surveys, and make recommendations to the then Secretary of
War--now the Secretary of the Army--for the improvement of the
Mississippi River.
That happened for the next 50 years. Then the Great Flood
of 1927 came along. Devastation occurred in the lower valley
killing thousands of people. Homes were inundated and towns
ruined. This Congress at that time passed the Flood Control Act
of 1928 and formed the Mississippi River and Tributaries
Project. Again, that job was given to the Mississippi River
Commission.
The Commission itself is made up of seven members--three
officers from the Corps of Engineers, one of whom is President
of the Commission. Originally it was an officer from the Coast
and Geodetic Survey, now NOAA. A rear admiral serves on the
Commission. Then there are three civilians; two by law have to
be civil engineers. I happen to be one of those civilians. I am
a civil engineer.
Since 1928 the great scope--some $15 billion worth--in the
MR&T Project has taken most of the attention of the Mississippi
River Commission. We have not forgotten about the upper reach
of the Mississippi River nor its tributaries--the Missouri, the
Illinois, the Ohio, as well as the Tennessee and its
tributaries.
We continue to work on the MR&T Project. It is some 88
percent complete at this time, and has returned to this Nation
between 24-26 benefit/cost ratio, which is hard to beat in any
phase of government or private sector.
The 1936 and 1986 Acts of this Congress gave us policy to
go by, which we adhere to as a Commission. We report directly
to the Chief of Engineers and to the Secretary of the Army with
recommendations from the Commission for works that are being
carried out individually by the seven districts along the
Mississippi River--the Corps of Engineer Districts of St. Paul,
Rock Island, St. Louis, Memphis, Vicksburg, and New Orleans.
We have semiannual inspection trips. To me that is the
highlight of the year for what I do on the Commission. I think
we are one of the only facets of the Federal Government to do
this. We go out into the field on the motor vessel
``Mississippi'' and meet with local entities, State agencies,
other Federal agencies, and actually inspect works in which we
are trying to complete on the Mississippi River, be it flood
control, navigation, or environmental restoration.
We hear their input. We get on the ground. We talk with
them on a local level and then take that back to the Corps
Districts and ultimately to the President of the Commission for
his advice to the Chief of Engineers.
I have enjoyed doing this since 1981. I want to continue to
be able to do it. With your support, I will do that. I promise
you a job that I like and a job that I want to do.
Thank you very much.
I would ask that my written statement be submitted in the
record in its entirety.
Senator Inhofe. Without objection, so ordered.
All right, Mr. James. Thank you very much.
Mr. Moore, Senator Sessions referred to this. In your
written statement you have a background in anti-terrorism. As
you know, the jurisdiction of this committee has several areas
of infrastructure that we are concerned about. The TVA is one
of them. Can you say anything about your background in being
able to preclude and minimize the risk of a terrorist attack in
this jurisdiction?
Mr. Moore. Mr. Chairman, certainly I would hope that the
experience that I have had since September 11 in coordinating
the local law enforcement and Federal agents in my district
would be helpful in that regard. I can tell you that it will be
a matter of great importance to me to scrutinize the security
measures that have been taken by TVA and to determine whether
or not they are sufficient.
My own experience has been that it is helpful to go beyond
traditional law enforcement to make those types of assessments.
In my own district I look frankly beyond my district, beyond
Alabama, and beyond this country to find expertise to help us.
In that regard, I brought from New Scotland Yard and from
Belfast, special agents who have been fighting the IRA for the
last 30 years. It was my belief that it was helpful to have
those agents come in and describe what it was like to fight
terrorism in your backyard. Our local law enforcement agents,
as well as the FBI, have not had that type of history or that
culture. That is one example. I think it is important to do to
have innovation in the way you approach this.
Senator Inhofe. Thank you. Mr. James, I mentioned when we
first started that we are currently holding a hearing on
environmental encroachment on our training ranges. We are going
to be having a hearing next week in this committee on the same
thing.
We are concerned about the environment. I just want to ask
you what you see the role of the Commission in terms of
balancing the traditional missions of flood control and
navigation on environmental restoration?
Mr. James. i see it as a positive opportunity. Actually,
the Commission and the staff of the Corps of Engineers several
years ago have begun initiating that environmental restoration.
As you know, back in the early days of the Mississippi River
Commission that didn't come much into play. We were more
concerned about getting this country on its feet and going. Now
that we have enjoyed the fruits of our labor, we are able to
sit back and think about fixing some of the stuff we may have
messed up in times passed.
That is what we intend to do as projects are recommended to
this Commission as we go forward by districts of the Corps of
Engineers. They will have to contain, as enacted by you the
Congress, parts of environmental restoration and husbandry to
the environment. I support that 100 percent.
Senator Inhofe. Thank you very much.
Mr. Woodley, the big subject I have for you is the permit
process. We have lots of problems in that. We try to correct
those with legislation. I could read the legislation that was
passed but I think you know what it is. Particularly in terms
of the times, what kind of priority will streamlining this
permit process enjoy?
Mr. Woodley. Mr. Chairman, that will be a very important
priority from my office and for the Corps of Engineers moving
forward to improve all these bureaucratic and regulatory
processes that are in place, always in ways that maintain the
integrity of the regulatory process. But I have no question but
that in our dealings with the private property owners and the
regulated community in general, that there are many ways in
which we can improve the processes that we have in place at the
present time.
Senator Inhofe. We will be holding your feet to the fire on
that one.
Senator Jeffords?
Senator Jeffords. Since 1986, the Administration has
supported a proposed Water Resources Development Act to
Congress every 2 years for its consideration. The
Administration failed to submit its proposed legislative
package in 2002. When do you anticipate submitting the next
Water Resources bill to Congress?
Mr. Woodley. Senator, I do not know what the status is on
developing that. I know that is a very important piece of
legislation. If I were confirmed for this position, I would
make it a very important priority to get that legislation
forwarded and bring it to the committee.
Senator Jeffords. How do you intend to get that done? I am
concerned about it; it hasn't been done. How do you anticipate
getting it done?
Mr. Woodley. I think like any other process of setting
priorities in the authorization area, we would work on finding
out what our priorities were and submit them to the Congress
for their approval.
Senator Jeffords. The Corps of Engineers has been the
subject of a great deal of controversy over the last several
years, including allegations that the Corps ``cooked the
books'' when evaluating the economic justifications for some
navigation projects. This has led many Members of Congress to
seek reform in the Corps.
Can you describe your philosophy and the Corps reform? How
do you plan to incorporate that philosophy into the daily
management?
Mr. Woodley. Yes, indeed. One great requirement of an
agency like the Corps of Engineers is that it enjoy the highest
level of public confidence in its evaluation and decisionmaking
processes. I believe it is fair to say that the leadership that
is in place with General Flowers as the Army Chief of Engineers
has, in fact, over the last 18 to 24 months made that a very
important priority and has made tremendous strides in that.
I also understand that the submission that has been made
for the budget for fiscal year 2004 contains a request for
implementing a system of outside independent third party review
of the Corps' analysis. I think that is something that has
called for and, for instance, is certainly a factor that was
called for in the review by the National Academy of Sciences
and is a very important component of Corps reform.
Senator Jeffords. In January of this year the Corps and the
Environmental Protection Agency issued an advanced Notice of
Proposed Rule Making on the Clean Water Act regulatory
definition of ``Waters of the United States.''
In response to the Supreme Court decision in the Swank
case, is this proposal limited to comments related to isolated
intrastate non-navigational waters? Should regulation define
``isolated water.''
Mr. Woodley. Senator, as you say, was a response to the
Supreme Court decision which is another example of many that
could be brought forward of the Court's wrestling with the
limits of Federal jurisdiction in that arena.
I am not intimately familiar with the terms of the Notice.
I believe its primary thrust is that arena. I think the nature
of these advance notices of proposed rulemaking are more calls
for comment to the public. They would ask what the scope should
be of any rulemaking in response to this new Supreme Court
decision and to other legislative and regulatory developments
that may have taken place.
I think it is not inappropriate for the regulatory agencies
to take stock in that way. Rather than having the
implementation of the Supreme Court decision made piecemeal by
litigation in the lower courts across the country that gives
them the first cut at it. I think it is not inappropriate for
them to come forward with an advanced notice of proposed
rulemaking. Its primary thrust is the area that you mentioned.
But I think it is not necessarily entirely limited to that.
Senator Jeffords. I have one more question.
Senator Inhofe. That's perfectly all right, Senator
Jeffords.
Senator Jeffords. Mr. Woodley, you have been the Assistant
Deputy Under Secretary of Defense for Installations and the
Environment since October 2001. Can you tell the committee what
your role has been in the development of the Administration's
Readiness and Range Preservation Initiative being proposed as
part of the 2003 defense authorization bill?
Mr. Woodley. Yes, sir. I have worked with other leaders
within the Department to add with my counterparts in other
Federal agencies to craft an initiative that we felt was
sufficient to get the reforms in place that would allow us to
manage our military lands but did not go beyond what was
necessary for us to manage military lands and our military
missions in a way that was environmental responsible.
Senator Jeffords. Thank you, Mr. Chairman.
Senator Inhofe. Thank you, Senator Jeffords.
Senator Carper?
Senator Carper. Mr. Chairman, I have no questions of our
witnesses. I simply wanted to stop by and thank you for your
willingness to serve in the capacities for which you have been
nominated. We look forward to moving forward with your
nominations.
Thank you.
Senator Inhofe. Thank you, Senator Carper.
I ask unanimous consent that the statements from the
following nominees to be members of the Board of Trustees for
the Morris K. Udall Scholarship in Excellence in the National
Environment Policy Foundation be included in the record: Mr.
Lance Bowdry, Bradley Udall, Richard Narcia, Herbert Genther,
and Malcolm Bogety.
Without objection, so ordered.
Does anyone have any comments that they would like to make
concerning your nomination?
Mr. James. No, thank you, Mr. Chairman.
Mr. Woodley. No, thank you, Mr. Chairman.
Mr. Moore. No, thank you, Mr. Chairman.
Senator Inhofe. Thank you very much for your service. We
will look forward to serving with you in the future.
We are adjourned.
[Whereupon, at 10:03 a.m., the committee was adjourned, to
reconvene at the call of the Chair.]
[Additional statements submitted for the record follow:]
Statement of Hon. Max Baucus, U.S. Senator from the State of Montana
Mr. Chairman, I thank you for holding this hearing on pending
nominations. I just ask to insert into the record a brief statement on
the nomination of John Paul Woodley, Jr.
My greatest interest in the future activities of the U.S. Army
Corps of Engineers concerns the Corps' management of the Missouri
River. As the members of this committee are well aware, the management
of this vital river system has been the subject of intense debate for
well over a decade. Current management of the river is unfair to my
State of Montana and in low water years, has a serious negative impact
on the economy of my State.
I personally have fought for years to convince the Corps to revise
the Master Manual governing its operations on the Missouri River so
that Montana and other upstream States are treated more fairly in low
water years. Short of revising the Master Manual, I also firmly believe
the Corps has far more flexibility in its annual operations on the
Missouri River than it has been willing to allow, up to this point.
I recently have asked that the Corps use that flexibility to reduce
unsustainable releases from Fort Peck Reservoir. The Corps in the early
months of this year was drafting Fort Peck as if this were a normal
water year. After 5 years of drought, and what looks to be another dry
year--despite some late spring moisture--it defies common sense to call
this a normal water year. Fort Peck Lake is reaching record lows. This
is devastating to the local fishery and to the vital recreation economy
of central and eastern Montana.
Unfortunately, Montana and other upstream States, like North and
South Dakota, are bearing the lion's share of the burden of any
drought. Our reservoirs are drained to dangerously low levels, our fish
and wildlife are harmed, yet the downstream States get the water they
need; they get navigation service for virtually the entire so-called
navigation ``season.'' The Corps claims they are not being arbitrary
and that they are fairly balancing all authorized uses and purposes of
the Missouri River system. I am at a loss to see how the Corps can make
this claim, when you look at the devastation upstream caused by their
operations.
I plan to ask Mr. Woodley several questions about this issue, and I
hope I can get his commitment to change the attitude and focus of the
Corps when it comes to the Missouri River. We in Montana have suffered
enough. We've been fighting over the Master Manual long enough. It's
time to take a bold step forward and recognize that the economy,
landscape and values that shape the Missouri River basin have changed
significantly since the original Master Manual was finalized.
Thank you, Mr. Chairman.
__________
Statement of Richard W. Moore, Nominated by the President to be
Inspector General, Tennessee Valley Authority
Mr. Chairman, Senator Jeffords, and other distinguished members of
the committee, let me offer my appreciation to you for scheduling this
hearing.
I would like to thank President Bush for his trust and confidence
in nominating me to head the Inspector General's office for TVA. I also
extend my thanks to Senator Sessions who sponsored my nomination for
this position and who has been both a mentor and a friend over the
years. I am fully aware that there are high expectations for the next
Inspector General of TVA as this is the first time that an Inspector
General for TVA will be appointed by the President. Let me say without
equivocation that if I am confirmed to the position, I intend to
justify the confidence placed in me by safeguarding the independence
that I will have as an Inspector General and by using the knowledge and
skills that I have acquired as a Federal prosecutor over the last 17
years.
Mr. Chairman, members of the committee, I have no illusions about
this job. It has been described as one of the toughest jobs in
government. That is so because within the job description of Inspector
General are what might be considered by some as inherent conflicts. On
the one hand, an Inspector General is necessarily a part of the
organization he oversees. His objective and independent evaluations and
recommendations can be of great value to management. Consequently,
there is a natural tendency for any Inspector General to identify with
the agency.
On the other hand, an Inspector General will often find that his
work brings him into conflict with management. His reports to Congress
and to the public may reflect poorly on management and the
organization. How he balances this dual role is likely to influence his
effectiveness as an Inspector General.
I believe it is imperative that an Inspector General clearly define
how he perceives his role. He should never think that he has been
appointed to run the organization; yet he should be available to offer
advice that may prevent problems in the future. An Inspector General is
in a unique position to speak objectively and to be an agent of
positive change.
Most importantly, I believe that an Inspector General must never
compromise his independence; and even beyond that, he must avoid even
the appearance of compromising his independence. I am aware of the
history behind the congressional legislation that was enacted to enable
the President to appoint the Inspector General at TVA. It is important
that the Inspector General for TVA stand his ground on issues of
importance, and he must demonstrate genuine respect for both management
and their organization in the process. His logic must be compelling on
the issues of importance, his facts irrefutable, and his motives pure.
If that is the case, he should win the respect of management; and at
the end of the day, they should work with him to implement
recommendations that he makes.
Mr. Chairman, members of the committee, I believe that my
professional experience as an Assistant United States Attorney has
prepared me to assume the role of Inspector General for the Tennessee
Valley Authority. At the heart of many of the cases that I have
prosecuted over the last 17 years has been fraud against the United
States government. These cases have included bank fraud, income tax
evasion, insurance fraud, bid rigging on government contracts,
kickbacks to government officials, Federal grant money fraud, health
care fraud, and racketeering under the Federal RICO statute. In all of
these cases, the prosecution of the defendants resulted in public
disclosure of wrongdoing which was often necessary to restore integrity
to the Federal program involved. In many cases, we were able to forfeit
the defendant's assets in order to make restitution to the government.
The complexity of the work at the Tennessee Valley Authority
involves many challenges and risks for the organization. Like many
organizations, TVA is vulnerable to fraud because of the magnitude of
its budget and the scope of its operations. The mission of the Office
of Inspector General for TVA should be to hold accountable all those
who would prey on this organization. My commitment, if confirmed, will
be to aggressively pursue anyone, whether inside or outside of TVA, who
cheats the organization. I firmly believe that a truly independent
Inspector General can marshal the professional team of investigators
and auditors now working in that office to insist on a consistent
environment of integrity and accountability at TVA. The Inspector
General's office is currently being very ably led by Don Hickman as
Acting Inspector General. The current Board of Directors for TVA has
expressed their commitment to supporting an independent Inspector
General, appointed by the President, and we are in total agreement that
perpetrators of fraud against TVA should be vigorously pursued. If
confirmed I will work with the management of TVA and the law
enforcement community to establish a zero tolerance standard for fraud
against TVA
Of course rooting out fraud against TVA is only part of the mission
of the Inspector General. Clearly, the Inspector General can serve a
vital role in identifying and promoting economy and efficiency through
improved operations. Comprehensive audits of the operations of TVA by
the Office of the Inspector General can be of great benefit to TVA in
that regard.
Mr. Chairman, members of the committee, there is another area that
I believe should be a priority for the next Inspector General at TVA.
If confirmed, I pledge to conduct a thorough review of the security
measures being taken by the Tennessee Valley Authority to safeguard its
infrastructure against a terrorist attack. My work since September 11,
2001, as the Anti-terrorism Task Force Coordinator in our district has
confirmed my conviction that the protection of America's assets can be
best accomplished through the coordinated efforts of multiple
government agencies participating in a focused risk analysis and with
clear objectives. My experience in leading a coalition of law
enforcement agencies in my Federal district will, I believe, be useful
in working with the various local, State, and Federal agencies within
the Tennessee Valley Region to protect the vital assets of the
Tennessee Valley Authority.
Finally, Mr. Chairman, I want to assure you and the members of this
committee that I will work closely with this committee to safeguard the
assets of TVA and to make it as efficient and effective as possible. I
can guarantee you my best efforts toward that end.
I would be pleased to answer any questions you may have.
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__________
Statement of Rickey Dale James, Nominated by the President to be a
Member of the Mississippi River Commission
Mr. Chairman and members of the committee: I am honored to appear
before you as the nominee for member of the Mississippi River
Commission.
Mr. Chairman, I would like to make a brief statement about the
Mississippi River Commission, the Mississippi River and Tributaries
(MR&T) project, and my qualifications for the position for which I have
been nominated.
The Mississippi River Commission, established by Act of Congress on
June 28, 1879, consists of seven members, all of whom are appointed by
the President of the United States subject to confirmation by the
Senate. Three members are Corps of Engineers officers, one of whom
serves as president; one member is from the National Oceanic and
Atmospheric Administration; and three members are from the civilian
sector, two of whom must be civil engineers.
From its inception in 1879, the Commission has been charged with
the vital task of planning and implementing a program of flood damage
reduction projects and navigation improvements on the Mississippi
River. More recently, project purposes have been expanded to include
environmental restoration. This task continues to be conducted in
concert with the myriad of political institutions, individuals, and
public entities, which have major interests in seeing that the water
resources needs and opportunities of the Mississippi Valley are
evaluated, planned, designed, constructed, and maintained.
As established in 1879, the Commissioners were to serve as advisors
in planning and implementing water resource projects and programs on
the Mississippi River between the Head of Passes below New Orleans to
its headwaters. Since 1928, the Commission has focused on the
Mississippi River and Tributaries project, authorized by the Flood
Control Act of May 15, 1928, to be implemented under oversight of the
Commission. The MR&T project extends generally from the confluence of
the Ohio River to the Head of Passes below New Orleans and covers
portions of seven States. It receives water from all or portions of 31
States and part of two Canadian provinces, or roughly 41 percent of the
contiguous United States. Effective planning, design, construction, and
operation of the widespread and complex MR&T project have been assisted
greatly by the Commission's active consultation with the public,
particularly on its semiannual lower Mississippi River inspection
trips, and by the high degree of professionalism that has been
developed in its staff.
The MR&T project is truly of national significance. For example, a
major flood on the lower Mississippi River would have catastrophic
effects on the inhabitants of the Mississippi Valley and the economy of
the Nation were it not for the protection provided by the levees and
other flood control works throughout the project area. Many have noted
that the comprehensive project on the lower river provided for passage
of major floods in 1973, 1983, 1997, and other years without the
extensive damage suffered in the upper river area during the 1993 and
1995 flood events.
In addition, the navigation features of the project are essential
to maintaining the river for shipping import and export commodities
between inland ports and world markets. In short, the navigation
features of the MR&T project are essential in peacetime and vital to
our national defense in times of emergency.
A reorganization of the U.S. Army Corps of Engineers in April 1997
placed the entire length of the Mississippi River within the
Mississippi Valley Division of the Corps of Engineers. The Commander of
this Division also serves as President of the Mississippi River
Commission. This reorganization allows management of the Mississippi
River as a single and unified system and enables the Commissioners to
more effectively serve as advisors to the Division Commander and the
Chief of Engineers as authorized in the 1879 legislation.
The Commission members have been active as advisors to the Corps on
the Upper Mississippi River since the reorganization. The Commission
has conducted annual inspection trips on the Upper Mississippi River
since August 1997 and held a series of public meetings in the St. Paul,
Rock Island, and St. Louis Districts. These meetings are in addition to
the semiannual inspection trips and public meetings in the Memphis,
Vicksburg, and New Orleans Districts.
Regarding my personal qualifications, I have served on the
Mississippi River Commission since December 1981. This confirmation
will provide my third consecutive 9-year appointment to this vital
Commission. I firmly believe that my experience since 1981 in
partnering with local interests, levee boards, and Federal, State, and
area agencies and organizations justifies my reappointment to the
Mississippi River Commission.
I am a native of Fulton County, Kentucky. I feel that many years of
living and working in the New Madrid, Missouri, area and my affiliation
with the Commission have given me a vast knowledge of the Mississippi
River and the various challenges and issues associated with it. It has
been my privilege to meet many people over the years, both in the lower
valley and in the upper valley, to discuss with them their concerns
regarding this powerful river.
I am a self-employed farmer and manager of cotton gins and grain
elevators for the A.C. Riley Cotton Company. I currently serve on the
Board of Directors and Executive Committee of the Southern Cotton
Ginners Association, Memphis, Tennessee. I am a Board Member of the
Cotton Producers of Missouri, Kennett, Missouri, and a Board Member of
Osceola Products Company, Osceola, Arkansas, and Kennett, Missouri. I
am currently a member of the Board of Directors of the Mercantile Bank
of Sikeston, Missouri. In addition, I am a member of the New Madrid
County Board of Education and have served as its president since 1985.
I attended Murray State University in Kentucky and received a
Bachelor of Science degree in Civil Engineering from the University of
Kentucky in 1971 (while employed with the Kentucky Department of Water
Resources).
If confirmed to the position, Mr. Chairman, I would look forward to
continuing to play a key role in the continual improvement of the
Mississippi River system and the MR&T project by applying the most
modern practices in water resources engineering. I look forward to
reappointment on this Commission that focuses not only on the
traditional roles of safely passing the Mississippi River Basin
floodwaters to the Gulf of Mexico, but also providing a safe and
dependable navigable waterway, and incorporating programs and projects
for environmental protection and restoration.
Mr. Chairman, for your information, I have attached a complete
personal biography and a current list of members of the Mississippi
River Commission. This completes my prepared statement, and I would be
pleased to respond to any questions.
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__________
Statement of Rear Admiral Nicholas Augustus Prahl, Nominated by the
President to be Member of the Mississippi River Commission
Mr. Chairman and members of the committee: I am honored to appear
before you as the nominee for member of the Mississippi River
Commission.
Mr. Chairman, I would like to make a brief statement about the
Mississippi River Commission, the Mississippi River and Tributaries
(MR&T) project, and my qualifications for the position for which I have
been nominated.
The Mississippi River Commission, established by Act of Congress on
June 28, 1879, consists of seven members, all of whom are appointed by
the President of the United States subject to confirmation by the
Senate. Three members are Corps of Engineers officers, one of whom
serves as president; one member is from the National Oceanic and
Atmospheric Administration; and three members are from the civilian
sector, two of whom must be civil engineers.
From its inception in 1879, the Commission has been charged with
the vital task of planning and implementing a program of flood damage
reduction projects and navigation improvements on the Mississippi
River. More recently, project purposes have been expanded to include
environmental restoration. This task continues to be conducted in
concert with the myriad of political institutions, individuals, and
public entities which have major interests in seeing that the water
resources needs and opportunities of the Mississippi Valley are
evaluated, planned, designed, constructed, and maintained.
As established in 1879, the Commissioners were to serve as advisors
in planning and implementing water resource projects and programs on
the Mississippi River between the Head of Passes below New Orleans to
its headwaters. Since 1928, the Commission has focused on the
Mississippi River and Tributaries project, authorized by the Flood
Control Act of May 15, 1928, to be implemented under oversight of the
Commission. The MR&T project extends generally from the confluence of
the Ohio River to the Head of Passes below New Orleans and covers
portions of seven States. It receives water from all or portions of 31
States and part of two Canadian provinces, or roughly 41 percent of the
contiguous United States. Effective planning, design, construction, and
operation of the widespread and complex MR&T project have been assisted
greatly by the Commission's active consultation with the public,
particularly on its semiannual lower Mississippi River inspection
trips, and by the high degree of professionalism that has been
developed in its staff.
The MR&T project is truly of national significance. For example, a
major flood on the lower Mississippi River would have catastrophic
effects on the inhabitants of the Mississippi Valley and the economy of
the Nation were it not for the protection provided by the levees and
other flood control works throughout the project area. Many have noted
that the comprehensive project on the lower river provided for passage
of major floods in 1973, 1983, 1997, and other years without the
extensive damage suffered in the upper river area during the 1993 and
1995 flood events.
In addition, the navigation features of the project are essential
to maintaining the river for shipping import and export commodities
between inland ports and world markets. In short, the navigation
features of the MR&T project are essential in peacetime and vital to
our national defense in times of emergency.
A reorganization of the U.S. Army Corps of Engineers in April 1997
placed the entire length of the Mississippi River within the
Mississippi Valley Division of the Corps of Engineers. The Commander of
this Division also serves as President of the Mississippi River
Commission. The reorganization now allows management of the Mississippi
River as a single and unified system and enables the Commissioners to
more effectively serve as advisors to the Division Commander and the
Chief of Engineers as authorized in the 1879 legislation.
The Commission members have been active as advisors to the Corps on
the Upper Mississippi River since the reorganization. The Commission
has conducted annual inspection trips on the Upper Mississippi River
since August 1997 and has held a series of public meetings in the St.
Paul, Rock Island, and St. Louis Districts each year. These meetings
are in addition to the semiannual inspection trips and public meetings
in the Memphis, Vicksburg, and New Orleans Districts.
With regards to my personal qualifications, I have served as a
member of the National Oceanic and Atmospheric Administration (NOAA)
Commissioned Corps for 33 years next month. I have commanded and
managed at several levels during my career. Many of these assignments
are relevant to my pending confirmation. Since June 1999, I have served
as Director, Marine Operations Center, NOAA Marine and Aviation
Operations, where I have the responsibility for the management of
NOAA's fleet of 17 research and survey vessels operating out of marine
centers, laboratories and port offices from Honolulu, Hawaii, to Woods
Hole, Massachusetts. These ships support NOAA's critical mission
requirements for nautical charting, fisheries research and stock
assessment, and oceanographic research.
In field assignments, I have served on the NOAA ships McARTHUR,
GEORGE B. KELEZ, WHITING, FAIRWEATHER, and MT MITCHELL, the latter as
Commanding Officer. These vessels were involved in nautical charting,
marine ecosystem oceanography, and geophysical surveys.
In assignments ashore I have been responsible for processing
geophysical survey data, the research and operational planning of a
comprehensive marine ecological assessment of the New York Bight, and
implementing bilateral agreements in cooperative oceanographic research
with the Soviet Union and France. Later, I was Chief of the Planning
Division of the National Ocean Survey, at the time one of NOAA's line
offices.
Over the past 15 years, I have served as the Deputy Director of the
Coast and Geodetic Survey where I was responsible for assisting the
Director in the management of the Nation's nautical and aeronautical
charting and geodesy programs. Following that assignment, I served as
Chief of the Marine Chart Division with the responsibility for the
production of the Nation's suite of nautical charts, bathymetric maps
and related navigational products and services. Following Command
aboard Mt MITCHELL, I returned to headquarters as the Deputy and then
Acting Director of the Office of Coast Survey. In that position, I was
the National Hydrographer responsible for the Nation's nautical
charting program from data collection to chart production.
As a designated member of the Mississippi River Commission since
May 1999, I have accompanied the Commission on high and low water
inspection trips of the Mississippi River and Tributaries and have
participated in the public meetings held by the Commission over the
past three and half years. This experience has given me considerable
insight into the importance of the Mississippi River and its
Tributaries as a National resource for transportation and recreation.
Also, I have come to understand and appreciate the need for a balanced
approach in resolving the often conflicting requirements for flood
control, navigation, and environmental protection and restoration.
I am a native of Massachusetts, and received a bachelor's degree
from Harvard University in geology in 1967. I later received master's
degrees from the University of Colorado in geology in 1969 and The
Johns Hopkins University in computer science in 1986.
I believe my background and experience qualify me for an
appointment to the Mississippi River Commission. If confirmed to the
position, Mr. Chairman, I would look forward to playing a role in the
continual improvement of the Mississippi River system and the MR&T
project by recommending, through the Commission's oversight
responsibilities, the application of the most modern practices in water
resources engineering. I would also look forward to being part of a
Commission that focuses not only on the traditional roles of safely
passing the Mississippi River Basin floodwaters to the Gulf of Mexico
and providing a safe and dependable navigable waterway, but also
incorporating programs and projects for environmental protection and
restoration.
Mr. Chairman, for your information, I have attached a complete
personal biography and a current list of members of the Mississippi
River Commission.
This completes my prepared statement, and I would be pleased to
respond to any questions.
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__________
Statement of John Paul Woodley, Jr., Nominated by the President to be
Assistant Secretary of the Army for Civil Works
Mr. Chairman, members of the committee: I am mindful of the
confidence expressed in me by President Bush and Secretary Rumsfeld in
submitting my name in nomination for this important post.
The Army Corps of Engineers, in its Civil Works function,
encompassing navigation, flood control, water resource development, and
environmental improvements, has for 200 years contributed greatly to
the prosperity and well-being of our Nation.
In the course of my visits with many of you over the past few
weeks, the issue of the organization of the Corps of Engineers, and
whether some of its missions and functions should be privatized or
shifted to other agencies of the government has been very prominent.
I think it would be appropriate for me to make clear what my views
are on this matter.
In Section 109 of the Omnibus Appropriations Act for 2003, Congress
has spoken with extraordinary clearness and directness on this
question. That section directs that the transfer of Corps of Engineers
missions and functions should not be implemented or even studied
without further direction by Congress.
I do not have any plans or intentions that are inconsistent with
Section 109.
If in the future I have ideas to improve the operations of the
Corps of Engineers civil works function, The Secretary of Defense has
been clear on the importance of consulting with Congress as an
important first step. I promise you full and open communications and
consultation.
I deeply appreciate the courtesy of the committee and if confirmed
I look forward to working with the Chairman and all members to address
the vital navigation, flood control, water resource, and environmental
challenges of the Nation.
Thank you, Mr. Chairman.
__________
Statement of Robert Lance Boldrey, Nominated by the President to be a
Member of the Board of Trustees of the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Foundation
Mr. Chairman and members of the committee, thank you for the
opportunity to provide this statement in support of my nomination to be
a member of the Board of Trustees of the Morris K. Udall Foundation. I
am honored and grateful that President Bush saw fit to nominate me to
this position and, if confirmed, look forward to continuing my public
service by helping to advance the mission of the Udall Foundation.
My professional career and personal background has provided me with
valuable experience and perspective to bring to the Udall Foundation. I
grew up in northern rural Michigan close to the shores of Lake
Michigan. Following my undergraduate education at James Madison College
of Michigan State University, I earned a law degree from the Duke
University School of Law. I then returned to Michigan, where I
practiced in the Government and Commerce department of a mid-size
Capitol city law firm, before joining the Republican policy staff of
the Michigan House of Representatives.
In 1999, at the outset of former Governor John Engler's final term,
I was honored with the opportunity to join Governor Engler's
administration as his Deputy Legal Counsel. During my tenure in the
Governor's office, I was responsible for managing all aspects of the
State of Michigan's relationship with 12 federally recognized Indian
tribes. Like most States, Michigan did have its disputes with the
sovereign tribal governments located within its borders. I am proud,
however, of the role I played in minimizing these disputes, in
emphasizing cooperation over conflict, and in laying the groundwork for
a more beneficial relationship in the future.
While serving in the Governor's office, I wrote the first ever
Governor's Policy Statement on State-Tribal Affairs and created the
position of Governor's Advisor on State-Tribal Affairs, in which I
served until the end of Governor Engler's term. I negotiated a State-
Tribal Accord that emphasizes consultation and cooperation between the
State and tribal governments and that will guide the relationship
between these governments into the future. That Accord was signed by
Governor Engler and the State's tribal leaders in 2002. Also in 2002, I
organized the second of two annual State-tribal summits between the
Governor's Cabinet and all of Michigan's tribes. These were the first
such summits to take place in Michigan, but hopefully will be the first
of many.
In addition to advocating for a closer and more cooperative
relationship between the State and tribes, and helping to set in place
the framework for the further development of that relationship, I led
the State executive office in negotiating two landmark agreements that
evidence the benefits of such a relationship. In 1999 and 2000, I
helped lead negotiations between the State and five tribes for a
conservation-based consent decree governing State and tribal fishing in
the Great Lakes. This decree brought settlement to nearly thirty years
of divisive litigation and even more importantly put in place
conditions that allow for the rehabilitation of native lake trout.
During my time in the Governor's office, I also helped lead
negotiations for comprehensive State-tribal tax agreements that were
signed last year. I also led efforts to educate members of the business
and retailer community and to garner their support for legislative
ratification of these agreements. While a number of States and tribes
have reached agreements concerning tobacco and motor fuels taxes,
Michigan and its tribes are the first to reach agreement as to the
administration and applicability of all State and tribal taxes to
transactions involving tribes and tribal members. These agreements not
only put to rest complex and often divisive tax issues, but also
provide economic certainty that is of great benefit to tribes seeking
to lure economic development and diversify tribal economies.
Now that Governor Engler's term has ended, I have returned to the
private sector, where I will head the Indian law practice at the law
firm of Dykema Gossett, PLLC. I am excited that my new career will
allow me to continue my efforts to both foster cooperation between
tribes and other governments and bring greater economic opportunities
to tribes and tribal members. Although the work of the Udall
Foundation, in part, also provides leadership training and consultation
to tribal leaders, neither my new role nor my prior position with
Governor Engler has given rise to any matters that might place me in a
conflict of interest if I am confirmed to the Board of Trustees for the
Udall Foundation.
I believe that my professional focus on promoting cooperation and
negotiation as the best means to resolve conflicts is an outlook that
fits well with the mission of the Udall Foundation, as well as with the
U.S. Institute for Environmental Conflict Resolution managed by the
Udall Foundation. My background allows me to bring to the Udall
Foundation personal experience to emphasize the gains that can be
achieved within Indian Country by cooperation and negotiations between
tribal and State governments, conducted in an atmosphere of mutual
respect for one another's sovereign status. I can also bring to the
Udall Foundation the perspective of tribal and State governments from
the Midwest, whose issues often differ from governments in Western
States but are no less important to the Udall Foundation's activities.
Finally, as a Republican who has worked closely with leaders of the
business community on numerous issues, it is my hope to promote the
Udall Foundation's activities to an audience that can both benefit from
and assist those initiatives.
In conclusion, I would greatly appreciate the support of the
Committee on Environment and Public Works and the U.S. Senate as I seek
to continue public service as a member of the Board of Trustees of the
Udall Foundation. I will, of course, appear as a witness at the request
of any duly constituted committee of the Congress and, as noted above,
do not know of any matters that might place me in a conflict of
interest if I am confirmed to this position. Thank you for the
opportunity to submit this statement and for your kind consideration.
__________
Statement of Malcolm Bowekaty, Nominated by the President to be a
Member of the Board of Trustees of the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Foundation
I, Malcolm B. Bowekaty, hereby state to the Senate Committee on
Environment and Public Works that I am willing to appear at the request
of any duly constituted committee of Congress as a witness.
Furthermore, I know of no matters currently that would put me in a
conflict of interest with the Board of Trustees should I be confirmed
by the Senate Committee on Environment and Public Works.
I believe that I will fulfill the position with honor and dignity.
I sincerely appreciate the opportunity to serve on the Board of the
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation.
__________
Statement of Herbert R. Guenther, Nominated by the President to be a
Member of the Board of Trustees of the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Foundation
Dear Mr. Chairman: Thank you for the opportunity to respond to the
Senate Environment and Public Works Committee's questions.
1. I would be honored to appear before any constituted committee of
the Congress as a witness.
2. To my knowledge, I am without conflict of interest in the
position I am being considered for with the Morris K. Udall Foundation.
I would be happy to provide any additional information you may
desire.
__________
Statement of Richard P. Narcia, Nominated by the President to be a
Member of the Board of Trustees of the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Foundation
I am forwarding this statement in support of my nomination to the
Morris K. Udall Foundation Board of Trustees. I consider it a
tremendous honor to be nominated by President Bush to become a member
of such a prominent board. The mission and role of the Udall Foundation
is essential in developing strong public policy in the area of the
environment and Federal Indian policy and is essential to our national
well being.
My name is Richard P. Narcia. I am a member of the Gila River
Indian Community (the Community) and currently serve as Governor of the
Community. In this capacity I deal with, on a daily basis, many of the
same complex issues that the Foundation was created to study and
provide solutions to. I am very anxious and excited to have a part in
developing comprehensive and cohesive policies that impact the
environment and Federal Indian policy. As a Native American, and tribal
leader, the sustainability of our environment within the context of all
other competing demands is not only a duty, but also, a necessary task
we all strive to achieve.
One important aspect of the Foundation is to provide opportunities
to qualified Native American students to participate in diverse and
educational experiences. As a member of the Board I look forward to
enhancing these opportunities for students who interested in further
studies and professions in the fields of the environment and Federal
Indian policy.
Mr. Chairman, as per your request, in a letter dated March 17,
2003, two questions were included to be answered:
1. Are you willing to appear at the request of any duly constituted
committee of the Congress as a witness?
I am and will make myself available to any committee as requested.
2. Do you know of any matter which you may or may not have thus far
disclosed which might place you in any conflict of interest if you are
confirmed in this position?''
At this time, I am not aware of any matter that would place myself
in a circumstance of a conflict of interest. However, in the future, if
a potential conflict does arise, I will recuse myself from the relevant
decisionmaking process of the Board.
Thank you for your considering of my nomination. If referred by
this committee to the full Senate for confirmation, I pledge to work in
the best interest of the Foundation and our Nation.
__________
Statement of Bradley Hunt Udall, Nominated by the President to be a
Member of the Board of Trustees of the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Foundation
Dear committee members: In lieu of appearing before the committee
to support my nomination for the board of the Udall Foundation, I am
supplying the following statement as requested by the committee in a
letter of March 17, 2003.
1. Are you willing to appear at the request of any duly constituted
committee of the Congress as a witness?
Answer: Yes.
2. Do you know of any matters which you may or may not have thus
far disclosed which might place you in any conflict of interest if you
are confirmed in this position?
Answer: Since my original statement to the committee, I have
recently been employed by the University of Colorado as the Managing
Director of the Western Water Assessment. This position is funded by
the National Oceanic and Atmospheric Administration's Office of Global
Programs and is part of OGP's Regional Integrated Sciences and
Assessments Program. RISAs are experimental programs designed to study
climate variability and climate change, and to make sure that
government climate research is usable by local decisionmakers at the
regional level. There are 6 RISA programs around the country.
There are informal ties between the RISA program at the University
of Arizona and the Udall Center at the University of Arizona. There are
informal and formal ties between the Udall Center and the Udall
Foundation. The Udall Foundation has, to the best of my knowledge, no
relationship with the UA RISA program.
In the course of my work I will have professional communication
with the UA RISA program. Given the nature of these relationships it is
extremely unlikely that this professional relationship could lead to a
conflict of interest with my position on the board of the Udall
Foundation. Nevertheless, I feel it is important to disclose this
relationship.
I will be vigilant in monitoring my activities for any possible
conflict of interest. I stand by my previous statement to the committee
about how I would deal with a potential conflict. This is what I said
in my previous statement:
3. Explain how you will resolve any potential conflict of interest,
or appearance of a conflict of interest, that may be disclosed by your
responses to the above items.
The first step in avoiding any conflict, or appearance of a
conflict of interest, is staying aware of situations in which such
conflicts can arise. I intend to be diligent in monitoring my
activities with respect to Foundation transactions so that any such
conflicts can be identified quickly. Annual training offered by the
Foundation will be helpful in this regard. Once a conflict or
appearance of a conflict is identified, the second step is disclosure
to the Chairman of the Board, and to Foundation staff, including the
Designated Agency Ethics Officer, so that appropriate action can be
taken. In most cases, when a conflict or apparent conflict is
determined to exist, recusing myself from the relevant discussion and
decisionmaking should be adequate. Although I cannot envision any such
circumstances, I am prepared to resign my position if necessary to
protect the reputation and integrity of the Foundation.