S. HRG. 109–507 KEMPTHORNE NOMINATION HEARING BEFORE THE COMMITTEE ON ENERGY AND NATURAL RESOURCES UNITED STATES SENATE ONE HUNDRED NINTH CONGRESS SECOND SESSION TO TO CONSIDER THE NOMINATION OF DIRK KEMPTHORNE TO BE SECRETARY OF THE DEPARTMENT OF THE INTERIOR MAY 4, 2006 ( Printed for the use of the Committee on Energy and Natural Resources U.S. GOVERNMENT PRINTING OFFICE 28–971 PDF WASHINGTON : 2006 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 14:48 Aug 07, 2006 Jkt 109507 PO 28971 Frm 00001 Fmt 5011 Sfmt 5011 P:\DOCS\28971.TXT SENERGY2 PsN: PAULM COMMITTEE ON ENERGY AND NATURAL RESOURCES PETE V. DOMENICI, New Mexico, Chairman LARRY E. CRAIG, Idaho JEFF BINGAMAN, New Mexico CRAIG THOMAS, Wyoming DANIEL K. AKAKA, Hawaii LAMAR ALEXANDER, Tennessee BYRON L. DORGAN, North Dakota LISA MURKOWSKI, Alaska RON WYDEN, Oregon RICHARD M. BURR, North Carolina, TIM JOHNSON, South Dakota MEL MARTINEZ, Florida MARY L. LANDRIEU, Louisiana JAMES M. TALENT, Missouri DIANNE FEINSTEIN, California CONRAD BURNS, Montana MARIA CANTWELL, Washington GEORGE ALLEN, Virginia KEN SALAZAR, Colorado GORDON SMITH, Oregon ROBERT MENENDEZ, New Jersey JIM BUNNING, Kentucky BRUCE M. EVANS, Staff Director JUDITH K. PENSABENE, Chief Counsel BOB SIMON, Democratic Staff Director SAM FOWLER, Democratic Chief Counsel (II) VerDate 0ct 09 2002 14:48 Aug 07, 2006 Jkt 109507 PO 28971 Frm 00002 Fmt 5904 Sfmt 5904 P:\DOCS\28971.TXT SENERGY2 PsN: PAULM C O N T E N T S STATEMENTS Page Akaka, Hon. Daniel K., U.S. Senator from Hawaii .............................................. 6 Alexander, Hon. Lamar, U.S. Senator from Tennessee ........................................ 7 Allen, Hon. George, U.S. Senator from Virginia ................................................... 16 Bingaman, Hon. Jeff, U.S. Senator from New Mexico .......................................... 4 Bunning, Hon. Jim, U.S. Senator from Kentucky ................................................. 9 Burr, Hon. Richard M., U.S. Senator from North Carolina ................................. 13 Burns, Hon. Conrad R., U.S. Senator from Montana ........................................... 15 Cantwell, Hon. Maria, U.S. Senator from Washington ........................................ 12 Craig, Hon. Larry E., U.S. Senator from Idaho .................................................... 1 Crapo, Hon. Michael D., U.S. Senator from Idaho ................................................ 2 Domenici, Hon. Pete V., U.S. Senator from New Mexico ..................................... 1 Dorgan, Hon. Byron L., U.S. Senator from North Dakota ................................... 7 Kempthorne, Hon. Dirk, Nominee to be Secretary of the Interior ...................... 19 Landrieu, Hon. Mary L., U.S. Senator from Louisiana ........................................ 10 Martinez, Hon. Mel, U.S. Senator from Florida .................................................... 18 Menendez, Hon. Robert, U.S. Senator from New Jersey ...................................... 17 Murkowski, Hon. Lisa, U.S. Senator from Alaska ................................................ 8 Salazar, Hon. Ken, U.S. Senator from Colorado ................................................... 13 Smith, Hon. Gordon, U.S. Senator from Oregon ................................................... 10 Thomas, Hon. Craig, U.S. Senator from Wyoming ............................................... 5 Wyden, Hon. Ron, U.S. Senator from Oregon ....................................................... 9 APPENDIXES APPENDIX I Responses to additional questions .......................................................................... 53 APPENDIX II Additional material submitted for the record ........................................................ 99 (III) VerDate 0ct 09 2002 14:48 Aug 07, 2006 Jkt 109507 PO 28971 Frm 00003 Fmt 5904 Sfmt 5904 P:\DOCS\28971.TXT SENERGY2 PsN: PAULM VerDate 0ct 09 2002 14:48 Aug 07, 2006 Jkt 109507 PO 28971 Frm 00004 Fmt 5904 Sfmt 5904 P:\DOCS\28971.TXT SENERGY2 PsN: PAULM KEMPTHORNE NOMINATION THURSDAY, MAY 4, 2006 U.S. SENATE, COMMITTEE ON ENERGY AND NATURAL RESOURCES, Washington, DC. The committee met, pursuant to notice, at 10:08 a.m., in room SD–366, Dirksen Senate Office Building, Hon. Pete V. Domenici, chairman, presiding. OPENING STATEMENT OF HON. PETE V. DOMENICI, U.S. SENATOR FROM NEW MEXICO The CHAIRMAN. The hearing will please come to order. Good morning, everyone. We are here this morning to consider the nomination of Idaho Governor Dirk Kempthorne to be Secretary of the Department of the Interior. Before we begin, our colleagues, Senator Craig of this committee and Senator Crapo, have asked to make a few remarks. Senator Craig, would you please proceed? And then, Senator Crapo, would you follow. Senator Craig. STATEMENT OF HON. LARRY E. CRAIG, U.S. SENATOR FROM IDAHO Senator CRAIG. Mr. Chairman, thank you very much for allowing us to introduce our Governor. Let me start with this quote, ‘‘This is the way the Federal land management should work. Cooperation, not confrontation, should be the hallmark of conservation efforts.’’ That is a quote from our Governor, Dirk Kempthorne. In a nutshell, this quote by Governor Kempthorne summarizes his approach to difficult issues and dem- onstrates, in my opinion, that he is a leader. Mr. Chairman and members of the committee, it is my honor and privilege to introduce my friend and colleague of long standing, Governor Dirk Kempthorne. Governor Kempthorne is the best per- son for the position of Secretary of the Interior. He is a problem solver, a leader, and has demonstrated that he is a good steward of the land. Idaho is the perfect training ground for the issues Dirk will deal with as the Secretary of the Interior. From management of public lands to energy development to en- dangered species, Idaho has it all. As a public servant whether it was mayor, U.S. Senator or Governor, Dirk has demonstrated he can bring opposing groups to the table to solve problems. Letters of support from far and wide have come in. Mr. Chairman, you have 40 Governors who have signed a letter in support of this (1) VerDate 0ct 09 2002 14:48 Aug 07, 2006 Jkt 109507 PO 28971 Frm 00005 Fmt 6633 Sfmt 6633 P:\DOCS\28971.TXT SENERGY2 PsN: PAULM 2 nominee, Democrat and Republican. We are joined today by the chairman of the Coeur d’Alene Tribe of Idaho, Chief Allan. Gentle- men, Chief Allan’s support states this about Dirk Kempthorne, that he has immersed himself in issues related to public lands and nat- ural resources. Has provided him, the chief says, with a foundation of experience to be our next Secretary of the Interior. Last, I would like to share what President Bill Clinton said as he signed the Kempthorne Safe Drinking Water bill, some years back. ‘‘Senator Kempthorne,’’ he said, ‘‘thank you, especially for your effort on this issue. I know how long and hard you have worked on it. This legislation represents a real triumph because it demonstrates what we can achieve, here in Washington and in this country, when we turn away from partisanship and embrace shared values.’’ So it is with great pride that I introduce to you, my fellow committee members, the Governor of the State of Idaho and President George W. Bush’s nominee to be our next Secretary of the Interior, Governor Dirk Kempthorne. Thank you all. The CHAIRMAN. Thank you very much, Senator. Senator Crapo. STATEMENT OF HON. MICHAEL D. CRAPO, U.S. SENATOR FROM IDAHO Senator CRAPO. Thank you very much, Chairman Domenici, Ranking Member Bingaman, and members of the committee. It is my pleasure to be here to introduce to you my good friend and our Governor, Dirk Kempthorne. He is the President’s nominee to be the new Secretary of the Interior. As some of you know from your service together, Dirk is a man of many accomplishments and is a man of the highest character and integrity. I have known Dirk since the 1980’s, when we both serviced the public in Idaho. Dirk was then the mayor of the city of Boise and I served in the Idaho State Senate. In fact, we came to Congress together, Dirk as a Sen- ator and I as a Congressman. I sort of owe my current job to him, as I won his seat when he left the Senate to go back to the State of Idaho to become our Governor. As we all know, Dirk has dedicated his life to public service. From his time in the Idaho Department of Lands, as mayor, as Senator, and as Governor, he has always been recognized by those from all sides of all issues for his unique character and his ability as a leader. He combines a thorough understanding of policy with the consensus-building abilities required to see that the right poli- cies are carried out through legislation and executive action. These qualities will serve the Nation well as he takes on the many chal- lenges facing the Department of the Interior in the 21st century. The diversity of his public service, especially as mayor and Gov- ernor, helped teach Dirk the real value of federalism, one that rec- ognizes that the Government closest to the people is to do the most, and often with the fewest resources. I like to think that his service as mayor taught him the lessons that ultimately led to his leader- ship in enacting the Unfunded Mandates Act during his time in the Senate. A further reflection of that approach is his pioneering work on the Endangered Species Act issues. In the Senate, Dirk preceded me as chairman of