[Senate Hearing 107-374]
[From the U.S. Government Publishing Office]
S. Hrg. 107-374
CHU, COOK, JARRETT, AND WATSON NOMINATIONS
=======================================================================
HEARING
before the
COMMITTEE ON
ENERGY AND NATURAL RESOURCES
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
on the
NOMINATIONS OF DR. MARGARET CHU, NOMINEE TO BE DIRECTOR, OFFICE OF
CIVILIAN RADIOACTIVE WASTE MANAGEMENT, DEPARTMENT OF ENERGY; BEVERLY
COOK, NOMINEE TO BE ASSISTANT
SECRETARY OF ENERGY FOR ENVIRONMENT, SAFETY AND HEALTH, DEPARTMENT OF
ENERGY; JEFFREY D. JARRETT, NOMINEE TO BE
DIRECTOR, OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT,
DEPARTMENT OF THE INTERIOR; AND REBECCA WUNDER WATSON, NOMINEE TO BE
ASSISTANT SECRETARY, LAND AND MINERALS MANAGEMENT, DEPARTMENT OF THE
INTERIOR
__________
DECEMBER 5, 2001
Printed for the use of the
Committee on Energy and Natural Resources
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COMMITTEE ON ENERGY AND NATURAL RESOURCES
JEFF BINGAMAN, New Mexico, Chairman
DANIEL K. AKAKA, Hawaii FRANK H. MURKOWSKI, Alaska
BYRON L. DORGAN, North Dakota PETE V. DOMENICI, New Mexico
BOB GRAHAM, Florida DON NICKLES, Oklahoma
RON WYDEN, Oregon LARRY E. CRAIG, Idaho
TIM JOHNSON, South Dakota BEN NIGHTHORSE CAMPBELL, Colorado
MARY L. LANDRIEU, Louisiana CRAIG THOMAS, Wyoming
EVAN BAYH, Indiana RICHARD C. SHELBY, Alabama
DIANNE FEINSTEIN, California CONRAD BURNS, Montana
CHARLES E. SCHUMER, New York JON KYL, Arizona
MARIA CANTWELL, Washington CHUCK HAGEL, Nebraska
THOMAS R. CARPER, Delaware GORDON SMITH, Oregon
Robert M. Simon, Staff Director
Sam E. Fowler, Chief Counsel
Brian P. Malnak, Republican Staff Director
James P. Beirne, Republican Chief Counsel
C O N T E N T S
----------
STATEMENTS
Page
Akaka, Hon. Daniel K., U.S. Senator from Hawaii.................. 3
Bingaman, Hon. Jeff, U.S. Senator from New Mexico................ 1
Burns, Hon. Conrad, U.S. Senator from Montana.................... 2
Chu, Dr. Margaret, Nominee to be Director of the Office of
Civilian Radioactive Waste Management, Department of Energy.... 9
Cook, Beverly, Nominee to be Assistant Secretary of Energy for
Environment, Safety and Health, Department of Energy........... 11
Craig, Hon. Larry E., U.S. Senator from Idaho.................... 2
Domenici, Hon. Pete V., U.S. Senator from New Mexico............. 4
Jarrett, Jeffrey D., Nominee to be Director, Office of Surface
Mining Reclamation and Enforcement, Department of the Interior. 16
Murkowski, Hon. Frank H., U.S. Senator from Alaska............... 3
Watson, Rebecca Wunder, Nominee to be Assistant Secretary, Land
and Minerals Management, Department of the Interior............ 14
APPENDIXES
Appendix I
Responses to additional questions................................ 25
Appendix II
Additional material submitted for the record..................... 35
CHU, COOK, JARRETT, AND WATSON NOMINATIONS
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WEDNESDAY, DECEMBER 5, 2001
U.S. Senate,
Committee on Energy and Natural Resources,
Washington, DC.
The committee met, pursuant to notice, at 9:33 a.m., in
room SD-366, Dirksen Senate Office Building, Hon. Jeff
Bingaman, chairman, presiding.
OPENING STATEMENT OF HON. JEFF BINGAMAN,
U.S. SENATOR FROM NEW MEXICO
The Chairman. The committee has before it this morning the
nominations of Margaret Chu to be the Director of the Office of
Civilian Radioactive Waste Management at the Department of
Energy, Beverly Cook to the Assistant Secretary for
Environment, Safety, and Health at the Department of Energy,
Jeffrey Jarrett to be the Director of the Office of Surface
Mining Reclamation and Enforcement at the Department of the
Interior, and Rebecca Watson to be the Assistant Secretary for
Land and Minerals Management at the Department of the Interior.
Without objection, the questionnaires, the financial
disclosure statements, and the prepared statements of all four
nominees will be entered into the record.
The President has nominated these four individuals to posts
of the utmost importance to the work of this committee, the
States that we represent and, of course, to the Nation. Each of
these jobs faces difficult and pressing challenges.
The Director of the Office of Civilian Radioactive Waste
Management is responsible for advising the Secretary of Energy,
and ultimately the President, on whether to build the nuclear
waste repository at Yucca Mountain. If the President makes the
recommendation, the Director will be responsible for
establishing the scientific and technical basis for the Nuclear
Regulatory Commission's decision to license the repository.
This program is already far behind schedule. It faces serious
opposition within the State of Nevada and its elected
representatives. It is beset by serious budgetary and technical
challenges, and it has recently come under severe criticism by
the General Accounting Office.
The Assistant Secretary for Environment, Safety, and Health
has the important job of protecting the health and safety of
Department of Energy workers and the public and, of course, the
environment from any Department of Energy operations. She also
plays an important role in implementing the energy employees
Occupation Illness Compensation Program, which we enacted this
last year in Congress. As one of the principal sponsors of that
legislation, I'm troubled by the direction that the Department
seems to have taken in its draft rules on the program. They
appear to me to be at odds with the intent that Congress had in
passing the legislation, and we need to find an opportunity to
explore that further.
The Office of Surface Mining is responsible for overseeing
State programs regulating coal mining and abandoned mine
reclamation and for regulating mining and reclamation on
Federal and Indian lands. The Assistant Secretary for Land and
Minerals Management oversees the Office of Surface Mining as
well as the Mineral Management Service, the Bureau of Land
Management, which manages more than a quarter of a billion
acres of land in the western United States, over a billion
acres of sub-surface mineral estate.
All these programs are of fundamental importance to members
of this committee. We share a common interest in seeing these
jobs filled with capable people, and hopefully before we
adjourn this year, filling these positions. We also share a
common interest in wanting to work with the nominees once
they're confirmed, to see that their important programs are
properly implemented and managed.
Senator Murkowski is not here yet. Let me see if any of my
colleagues on the Republican side would like to make opening
statements at this time.
Senator Burns.
STATEMENT OF HON. CONRAD BURNS, U.S. SENATOR
FROM MONTANA
Senator Burns. Mr. Chairman, I only have a statement with
regard to the introduction of one of the nominees this morning.
But I would just say at this point, if introductions are not
apropos now, that I appreciate all four of them stepping
forward and doing this. I don't know of nominees that we have
had before this committee that carries more expertise and
knowledge of the office of which they are about to enter than
the nominees we have before us.
And I thank the chairman for holding these hearings. We're
appreciative of that, and we hope that these nominations can be
moved along and confirmed very quickly. And thank you, Mr.
Chairman.
The Chairman. Alright. Senator Craig, did you have any
general comments before we--I know that you wish to make an
introduction of one of the nominees, and Senator Burns, also.
Did you have any other comments?
STATEMENT OF HON. LARRY E. CRAIG, U.S. SENATOR
FROM IDAHO
Senator Craig. Well, I'll hold my introduction until later,
but I guess the only person I've not met here is Jeffrey
Jarrett, and I do look forward to working with him.
As Jeffrey knows, and as this committee knows, we've tried
to reform the 1872 mining law numerous times here over the last
decade to give a variety of new authorities in the
responsibility of mining on public lands and environment
protection and balance. We've been largely and, strangely
enough, by the environmental community. And I hope that under
your presence, again, we can revisit that law. It is a law that
deserves to allow all of the court tests against it to be
brought into the public policy in a way that I think balances
stewardship and, I would hope, gets us back in the business of
mining in this country. I do not see that as a hostile
activity.
To the rest of you, I look forward to your service in the
Department and working with you. And I'll save my introduction
until later, Mr. Chairman.
The Chairman. Well, Senator Murkowski, did you have an
opening statement?
STATEMENT OF HON. FRANK H. MURKOWSKI, U.S. SENATOR
FROM ALASKA
Senator Murkowski. Thank you, Senator Bingaman. Well, I'm
pleased that we're holding the hearings this morning. It's been
a while. As we look to the ultimate wind up of this portion of
Congress, I certainly think it's appropriate that we have such
qualified nominees.
Margaret Chu, Director of the office of Civilian
Radioactive Waste Management, and Beverly Cook, Assistant
Secretary of Environment, Safety, and Health, the Department of
Energy, and Jeffrey Jarrett, Director of the Office of Surface
Mining. I want to welcome them, as well as Rebecca Watson,
Assistant Secretary of the Interior, Land and Minerals.
It's pretty hard for the Secretaries to operate and perform
their responsibilities without qualified people, so I hope we
can proceed with the nominations this morning. I wish you well,
and I think that we could probably begin.
The Chairman. Let me see if--Senator Akaka, did you want to
make any general opening statements?
Senator Akaka. I certainly do, Mr. Chairman.
The Chairman. Go right ahead.
STATEMENT OF HON. DANIEL K. AKAKA, U.S. SENATOR
FROM HAWAII
Senator Akaka. Mr. Chairman, thank you so much for holding
this hearing. And I want to add my welcome to the nominees this
morning and also, if your families are here, to welcome your
families to this hearing.
I want you to know I've reviewed your backgrounds and
believe that you're all well qualified to serve in the
positions for which you have been nominated. These positions
offer significant challenges, and I can tell that by the number
of Senators who are here this morning. And I look forward to
working with you.
I know Ms. Margaret Chu, who is currently the Director of
Nuclear Waste Management Program Center at Sandia National
Laboratory, who has been nominated to the be the Director of
the Department of Energy's Office of Civilian Radioactive Waste
Management. Ms. Chu is an excellent choice for this position.
She has outstanding technical and managerial credentials. Her
experience, particularly in Sandia, will be extremely useful in
addressing some of the, let me say, intractable problems
associated with the management of the Civilian Radioactive
Waste.
Ms. Beverly Cook, who has been nominated to serve as the
Assistant Secretary at the Department of Energy's Office of
Environment, Safety, and Health, is highly qualified for that
important position. Ms. Cook has many years of experience
dealing with the challenges faced with the Energy Department in
the areas of environment and safety and health.
Mr. Jeffrey Jarrett, who has been nominated to serve as the
Director of Department of the Interior's Office of Surface
Mining Reclamation and Enforcement, has dealt with diverse
issues relating to surface mining and has the experience to
undertake this demanding position.
Ms. Rebecca Wanda Watson is the nominee the Department of
the Interior's Office of Land and Mineral Management, and
appears well qualified for this position.
And I can say I've come here to welcome all of you here
this morning and I want to wish you well.
I thank you, Mr. Chairman, and I want you to know I support
all the nominations that we are considering, and I hope that
they will be nominated expeditiously, Mr. Chairman.
The Chairman. Well, thank you very much. I am informed that
Senator Domenici wanted to introduce Dr. Chu to the committee.
And let me call on him at this point.
STATEMENT OF HON. PETE V. DOMENICI, U.S. SENATOR
FROM NEW MEXICO
Senator Domenici. Senator Bingaman, and Mr. Chairman, I
appreciate very much being called upon. I just received a phone
call that I have to go over to the leader's office. I have
statements that cover three of the nominees, and I want to say
that most of my remarks are in behalf of Margaret Chu, who I
highly recommended to the president.
I'd like to put a statement in indicating her thorough
background in this field. Obviously, this is one of the
difficult ones. We don't always make the headway that we--that
we think we make. Look back 2 or 3 years of effort, and it
sometimes looks like we're going backward. But I have every
confidence that if we're going to succeed, you're the kind of
person that can do it.
I urge that you really try to make things happen. These are
areas that clearly we do know what we ought to do. It's a
question of getting it done and making sure that you deliver
the message fair and faithfully to people that are affected.
And I just want to say to the president, he surely picked a
qualified person, in terms of academics, in terms of activity
and service, and I wish you the very, very best.
Ms. Rebecca Watson, I want to say I think you're an
excellent choice. Senator Bingaman and I come from a State with
a lot of public domain. We anxiously await filling the entire
Department with nominees so you can get going at full speed
with many of the problems and differences of opinion that still
plague the Department. And I think the President did a very
good job, in terms of nominating you.
And Mr. Jarrett, a strong recommendation from Governor
Ridge is pretty good at this point. He's got a big, and he
recommends you. That's enough for me. You have a good
background, and I look forward to this occurring quickly.
Mr. Chairman, with everything else you've got, it truly is
considerate of you to call this meeting this morning, and I
thank you for that.
The Chairman. Thank you very much. And your statement, of
course, will be part of the record.
[The prepared statement of Senator Domenici follows:]
Prepared Statement of Hon. Pete V. Domenici, U.S. Senator
From New Mexico
Mr. Chairman, I'm pleased to introduce a New Mexican, Dr. Margaret
Chu, to the Committee today. She has been nominated by President Bush
to be Director of the Office of Civilian Radioactive Waste Management
at the Department of Energy.
Dr. Chu is an outstanding choice for this tough assignment. Most of
her scientific career has been dedicated to finding solutions for
nuclear waste issues:
She supported the EPA and NRC while the regulations for
high-level waste were under initial development;
She worked on problems for low-level waste disposal;
She worked on safety assessment of mixed waste; and
She managed research projects on environmental restoration.
Most importantly, Dr. Chu served, through Sandia, as Deputy Manager
for the Waste Isolation Pilot Plant (WIPP). There, her technical
expertise, her management skills and her leadership were instrumental
to the successful certification of the WIPP. WIPP remains the world's
one great success story for licensing and operation of an underground
repository for nuclear wastes.
At Sandia, her strength in analyzing and developing solutions for
large, complex problems involving technical, social and regulatory
issues is well established. She is well known for her excellent
scientific knowledge, high integrity and dedication. With her passion
and experience, she is ideally qualified to tackle a program as
difficult as Yucca Mountain.
I've discussed with Dr. Chu my concerns with progress on Yucca
Mountain. She is aware that I've supported funding for Yucca Mountain,
and that I want progress toward a final decision on its suitability.
But I've also pressed the view that we should be promptly moving ahead
with monitored retrievable interim storage at one or more highly secure
locations and with serious study of alternative management strategies
for spent fuel.
I've strongly questioned whether our current policy of simply
disposing of spent fuel, with no attempt to reclaim its immense energy
resource, is the best national policy. We may be depriving future
generations of a precious fuel resource with this short-sighted action.
Our current approach of keeping spent fuel and other high level
defense wastes around the nation at many sites until a permanent
repository opens is poor public policy. While we strive to keep those
temporary storage sites safe, there can be no argument that the
materials would be safer in well constructed interim storage areas.
Technologies like reprocessing, transmutation, and advanced fuel
cycles can be used to reclaim the energy in spent fuel, recycle some of
the most toxic components of spent fuel, and end up with waste products
that are far less toxic and less volume than the original spent fuel.
Those final waste products will still require a repository, which
could be Yucca Mountain if it proceeds. But now the toxicity of
materials in that repository would be dramatically less than spent
fuel. Serious research is needed to explore the economic and
environmental implications of such technologies. I've been supporting
programs to accomplish that goal.
I was very pleased that the President included both reprocessing
and transmutation in his National Energy Policy. I certainly hope that
will translate into strong support for this research in the President's
next budget proposal for the 2003 fiscal year.
I support each of the nominees today, but I'd like to comment
briefly on two more of them. Mr. Jeffrey Jarrett comes with the strong
recommendation of Governor Ridge. He is well qualified to serve as the
Director of the Office of Surface Mining at Department of the Interior.
Ms. Rebecca Watson is an excellent choice to serve as Assistant
Secretary of the Interior for Land and Minerals Management. She will
bring her experience in practice of environmental and natural resource
law. Her current work, plus her experience in the former Bush
Administration should prove useful as the current Administration
balances environmental concerns with energy needs. As the Committee is
well aware, this is vital considering the role public lands should play
in this current energy crisis.
With so much public land in New Mexico, we face a variety of
challenges. Some of these include:
Permit renewals for grazing leases and the large backlog
that persists with regard to these renewals; and
Oil and gas permit issues for drilling.
But, these issues do not just exist in New Mexico; they are
prevalent all across the West. I look forward to working with Ms.
Watson on the challenges that Western states face in balancing
resources, conservation and other interests.
Mr. Chairman, I thank President Bush for these excellent
nominations and I thank you for holding this hearing. I await the
opportunity to vote for these individuals on the floor of the U.S.
Senate.
The Chairman. Let me call on Senator Craig to introduce Ms.
Cook or make any other statements he has.
Senator Craig. Well, Mr. Chairman, thank you very much. It
is a pleasure for me to introduce to the committee Bev Cook. I
don't always get the opportunity to say, before the committee,
on behalf of nominees, that I have known them personally and
worked with them closely and can recommend them with no
reservation. That, I can do with Bev Cook.
As you know, she's been nominated to serve as our Assistant
Secretary for Environment, Safety, and Health at the Department
of Energy. She served most recently for the DOE as the manager
of the Idaho Operations Office, which overseas the Idaho
National Engineering and Environmental Laboratory. And, of
course, that's where I've gotten to know Bev the best.
In addition, she has extensive background associated with
DOE at its National Laboratories. Earlier in her career, Bev
spent 12 years working at the INEEL focusing on nuclear reactor
design and severe-accident research. She also worked here in
Washington serving as the Principal Deputy Director of DOE's
Office of Nuclear Energy.
Also very fitting, given the position for which she is
currently nominated, Bev served with the Defense Nuclear
Facilities Safety Board. So she clearly comes qualified. But
when it comes to human safety and the environment and health on
our reservations--our national laboratories, the one thing that
Bev brings along with this expertise is that she is a very
competent, caring person. I know that. I know that because I've
watched her work with the people at Idaho. So she comes very
highly qualified.
I am privileged to introduce her to the committee. Thank
you, Mr. Chairman.
The Chairman. Thank you very much. Senator Burns, you were
intending to introduce Ms. Watson. Go right ahead.
Senator Burns. Thank you, Mr. Chairman, and thanks again
for holding these hearings this morning.
And it gives me a great deal of pleasure to welcome and
introduce Rebecca Watson to this committee, her nomination for
Assistant Secretary for Land and Minerals Management. I'm proud
to have her representing the State of Montana as a selection to
lead that Department of the Interior.
She brings with her job three, and I think four, major
qualities--her experience, her character, and the understanding
of the people who are most deeply affected by land-management
issues, but also another great quality that she has--she also
understands lands in the West and people in the West, and
especially the lands and how fragile they are and how--and how
we have to be responsible to the fragility of those lands and
the management of them.
For more than 20 years, Ms. Watson has dedicated herself to
a better understanding of the law, and especially natural law--
or natural-resource law. As a part of that, her efforts served
in many capacities, including the clerk of a district court
judge in Wyoming and in private practice. This nomination to
the Department of the Interior is not her first experience as
part of the administration, as she served as Assistant General
Counsel of the Department of Energy early in the 1990's.
Most recently, she comes to us from Helena, Montana, where
she's been practicing in a private practice in 6 years--
managing partner, one of the best known law firms in the State,
Gaub, Shanahan, Watson, and Waterman. I've had the opportunity
to work with her on several occasions and have been impressed
by her direct and thoughtful approach.
Her focus on natural-resource law will serve her well as
Assistant Secretary because she has such an incredible
knowledge in the land, water, and mineral law and how those
laws affect this country and also individual communities where
this activity carries on. She knows how to build consensus and
she's been on the front lines doing that in Montana.
Twenty-seven percent of the State of Montana is Federal
lands. And, of course, it affects all of our lives in that
State. The wealth of the land, our lives depend on agriculture,
mining, oil, gas development, and, of course, logging. And we
do these thing in a way that keeps our State beautiful. Becky
Watson understands that. She understands the balance that
exists between productive use and pristine settings.
But I guess what I most admire about her is her desire to
do the right thing. She will be, I think, very forceful before
this committee in working with this committee to solve some of
the problem that we have on our public lands. She is happy with
her place in the world, and the biggest reason that she's in
front of us today is because we asked her to serve, and she
answered the call, stepping forward to serve her country.
If you show most of the people a picture of Avon, Montana,
and a picture of Washington, D.C., and had to vote this morning
where you want to live, I know which would come in second.
[Laughter.]
Senator Burns. I'll guarantee you that. So I thank you for
having these hearings, again, Mr. Chairman. I recommend her to
this committee, and her confirmation, very quickly. And I thank
the Chair.
The Chairman. Well, thank you very much. Rules of the
committee that apply to all nominees require that they be sworn
in connection with their testimony. Let me ask each of you to
rise and raise your right hand.
Do you solemnly swear that the testimony you're about to
give to the Senate Committee on Energy and Natural Resources
shall be the truth, the whole truth, and nothing but the truth?
[A chorus of ``I do's.'']
The Chairman. Please be seated. Before you begin your
statements, let me ask three questions that we address to each
nominee before this committee. I'll ask the question, and then
I'll just ask each of you to respond in order, and then I'll
ask the next question.
Will you be available to appear before this committee and
other congressional committees to represent departmental
positions and respond to issues of concern to the Congress? Ms.
Chu?
Ms. Chu. I will.
The Chairman. Ms. Cook.
Ms. Cook. I will.
The Chairman. Ms. Watson.
Ms. Watson. I will.
The Chairman. Mr. Jarrett.
Mr. Jarrett. I will.
The Chairman. The second question is, are you aware of any
personal holdings or investments or interests that could
constitute a conflict of interest or create the appearance of
such a conflict should you be confirmed and assume the office
to which you have been nominated by the president?
Ms. Chu.
Ms. Chu. My investments, personal holdings, and other
interests have been reviewed both by myself and the appropriate
ethics counselors within the Federal Government. I have taken
appropriate action to avoid any conflicts of interests. There
are no conflicts or appearances thereof, to my knowledge.
The Chairman. Ms. Cook, I'd ask if your answer is the same
as we just heard?
Ms. Cook. Yes, sir, it is.
The Chairman. Ms. Watson.
Ms. Watson. Yes, sir.
The Chairman. Mr. Jarrett.
Mr. Jarrett. Yes.
The Chairman. The third question, are you involved or do
you have any assets that are held in blind trust?
Ms. Chu. No.
Ms. Cook. No, sir.
Ms. Watson. No, sir.
Mr. Jarrett. No, sir.
The Chairman. Let me, at this point, invite each of the
nominees to introduce any family members they brought with
them. That's a tradition here in the committee. Ms. Chu, did
you have anybody here with you you wanted to introduce?
Ms. Chu. Yes, I have my husband and two of my three
children. And my husband, T.Y. Chu here, and my son, Arthur
Chu, and my daughter, Mae Mae.
The Chairman. Well, we welcome them to the committee
hearing. Let me ask Ms. Cook the same thing.
Ms. Cook. Yes, sir. I'd like to introduce my daughter, Mary
Broughton. She's a senior here at Gaithersburg High School in
Maryland at this time.
The Chairman. We've very pleased to have her here.
Ms. Watson.
Ms. Watson. Thank you for the opportunity. My father, David
Wunder, from Indiana, is here, my brother, Dave Wunder, and his
wife, Rose, from North Carolina, my husband, Greg Watson, from
Avon, Montana, his mother, Dora Rollings, and her husband, Ed
Rollings, from West Virginia.
The Chairman. Well, we're very pleased to have all of you
here. Thank you for coming.
Mr. Jarrett.
Mr. Jarrett. Yes, I'd like to introduce my wife, Janet
Goodwin, a long-term Federal employee herself, my daughter,
Sarah, and my son, Tyler.
The Chairman. Well, we're very pleased to have them here.
Let's give all these family members a hand.
[Applause.]
The Chairman. Okay, at this point, why don't we ask each of
you to go ahead and summarize your statements, make any
comments you want in connection with your nomination? As I
indicated earlier, your complete statements will be made part
of the record. Ms. Chu, why don't you go ahead?
TESTIMONY OF DR. MARGARET CHU, NOMINEE TO BE DIRECTOR OF THE
OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT, DEPARTMENT OF
ENERGY
Dr. Chu. Thank you. I appreciate the opportunity to appear
before this committee today as the nominee for the Director of
the Office of Civilian Radioactive Waste Management at the
Department of Energy.
Approximately 20 years ago, Congress created this office to
address the long-term management and disposal of commercial and
defense-spent fuel and high-level waste from our national
defense activities. Few envisioned the changes that have
occurred over the past two decades in both nuclear power
production and the Nation's weapons complex. However, the
fundamental mission of this program has never changed--to
assure the American people that these radioactive materials
will be safety and securely managed for generations to come. It
is a mission of vital importance to this nation, and I'm deeply
honored to be nominated by the President.
The existence and continuing accumulation of nuclear waste
and excess defense nuclear materials in this--in the United
States and globally demonstrates that long-term management and
disposal is not a matter of choice but a necessity. Prudent
management of these materials is a profound and enduring
responsibility of the Federal Government, the international
community, and of society at large.
If confirmed as the Director of this Office, my role will
be to ensure that an efficient management system is in place,
that our disposal decisions are based on sound scientific
understanding, and that my organization is responsive to
Congress, oversight organizations, and the public. These are
formidable challenges and have been the subject of much recent
scrutiny.
I believe I am prepared to meet these challenges. Most of
my professional career has been in managing nuclear waste
research programs and organizations. As Director of the Nuclear
Waste Management Program Center at Sandia National
Laboratories, I lead a 170-people organization recognized as an
international leader in waste management scientific research. I
take pride in the reputation we have earned for scientific
integrity and open communication with regulators, technical
review groups and, most importantly, the public.
From my resume, you know of my long involvement with the
Waste Isolation Pilot Plant in my home State of New Mexico.
From WIPP we learned that the spirit of scientific inquiry must
also be brought to the public policy arena, that we must not be
aloof nor avoid dialogue, and, perhaps most importantly, that
the process must be seen as serving the needs of the society.
Early in my career, I was involved in developing the
technical basis for the regulation of deep geologic
repositories for both the Nuclear Regulatory Commission and the
Environmental Protection Agency. We would debate late into the
night the issues associated with regulating something for tens
of thousands of year, speculating on future generations'
behavior. We understood back then that designing a balance
between the needs of this generation and the legacy we leave to
those follow would be the critical question facing future
managers of the repository programs. It is perhaps fitting that
I now find myself meeting the challenges we debated over 20
years ago.
Earlier this year, Secretary Abraham appeared before this
committee and committed to ensuring that progress would be made
on this program and that sound science would govern disposal
decisions. I am here today to reaffirm that commitment and to
assure the committee that, if confirmed, I will carry out these
duties to the best of my abilities.
I look forward to my association with this committee and
the Congress, and I will be pleased to respond to your
questions. Thank you.
[The prepared statement of Dr. Chu follows:]
Prepared Statement of Dr. Margaret Chu, Nominee To Be Director of the
Office of Civilian Radioactive Waste Management, Department of Energy
I appreciate the opportunity to appear before the Committee today
as the nominee for the Director of the Office of Civilian Radioactive
Waste Management at the Department of Energy.
Approximately twenty years ago Congress created this Office to
address the long-term management and disposal of commercial and defense
spent fuel and high-level wastes from our national defense activities.
Few envisioned the changes that have occurred over the past two decades
in both nuclear power production and the Nation's weapons complex.
However, the fundamental mission of this program has never changed--to
assure the American people that these radioactive materials will be
safely and securely managed for generations to come. It is a mission of
vital importance to our Nation and I am deeply honored to be nominated
by the President.
The existence and continuing accumulation of nuclear waste and
excess defense nuclear materials in the United States and globally
demonstrates that long-term management and disposal is not a matter of
choice but a necessity. Prudent management of these materials is a
profound and enduring responsibility of the Federal government, the
international community, and of society at large.
If confirmed as the Director of this Office, my role will be to
ensure that an efficient management system is in place, that our
disposal decisions are based on sound scientific understanding, and
that my organization is responsive to Congress, oversight organizations
and the public. These are formidable challenges and have been the
subject of much recent scrutiny. I believe I am prepared to meet these
challenges. Most of my professional career has been in managing nuclear
waste research programs and organizations. As Director of the Nuclear
Waste Management Program Center at Sandia National Laboratories, I lead
a 170-person organization recognized as an international leader in
waste management scientific research. I take pride in the reputation we
have earned for scientific integrity and open communication with
regulators, technical review groups and most importantly, the public.
From my resume you know of my long involvement with the Waste Isolation
Pilot Plant in my home state of New Mexico. From WIPP we learned that
the spirit of scientific inquiry must also be brought to the public
policy arena, that we must not be aloof nor avoid dialogue, and,
perhaps most importantly, that the process must be seen as serving the
needs of our society.
Early in my career, I was involved in developing the technical
basis for the regulation of deep geologic repositories for both the
Nuclear Regulatory Commission and Environmental Protection Agency. We
would debate late into the night the issues associated with regulating
something for tens of thousands of years, speculating on future
generations' behavior. We understood then that designing a balance
between the needs of this generation and the legacy we leave to those
that follow would be the critical question facing future managers of
the repository programs. It is perhaps fitting that I now find myself
meeting the challenges we debated over twenty years ago.
Earlier this year Secretary Abraham appeared before this Committee
and committed to ensuring that progress would be made on this program
and that sound science would govern disposal decisions. I am here today
to reaffirm that commitment and to assure the Committee that, if
confirmed, I will carry out these duties to the best of my abilities.
I look forward to my association with this Committee and the
Congress, and I will be pleased to respond to your questions.
The Chairman. Thank you very much. Ms. Cook, why don't you
go right ahead?
TESTIMONY OF BEVERLY COOK, NOMINEE TO BE ASSISTANT SECRETARY OF
ENERGY FOR ENVIRONMENT, SAFETY AND HEALTH, DEPARTMENT OF ENERGY
Ms. Cook. Thank you, Mr. Chairman. members of the
committee, Mr. Chairman, thank you for this opportunity to
appear before you today in consideration of my nomination for
the Assistant Secretary for Environment, Safety, and Health at
the U.S. Department of Energy. I know that you have very
pressing business and some of you are still working under very
difficult office situations. So I know these things are
difficult to schedule at this time, and I appreciate having
this hearing scheduled on a timely basis.
The environment, safety, and health challenges of the
Department of Energy are very complex, and they continue to be.
That's due, in a large part, to the wide variety of work that
we do and that we have done, and also the wide variety of
facilities that we have around the complex. However, DOE
employs a world-class, highly-skilled, and technically-
qualified work force both in environment, safety, and health at
DOE headquarters and at our field operations, both with our
Federal Employees and also with our contractors. And I know
this firsthand. I have worked with all of these people over the
last 27 years, and I am truly impressed by the qualifications
of all of our staff and everyone involved with the Department
of Energy. I think that gives me some unique experience for
this job.
While great progress has been made, especially over the
last several years in environment, safety, and health, I
believe that there is much that remains to be done. We've come
a long way in defining our policies, defining our end goals in
the areas of health and safety and the environment, but it's in
the implementation of those policies where sometimes the
difficulties arise. Let me just give you an example of each of
the areas.
In safety, the Department has instituted an integrated
safety management system. And that system is something that I
strongly support, that most of our field operations have found
very, very useful. However, it's easy to be safe if you don't
do work. And now what we have to do is look at those policies
and look at the practices we've put in place and look at
streamlining those things so not only can we be safe, but we
can do work safely. And that's where we're moving next.
In the area of the workers compensation programs, again, a
lot has been done over the last few years to implement those
programs, but I think there are some real lessons to be learned
there also. One of the most difficult issues that I have dealt
with is, in fact, generating a worker's work history. And I
know that. I'm one of those employees. I have a 27-year history
with the Department of Energy facilities, and I have complete
records on my radiation exposure for the last 27 years. But I
am an engineer, and many times I was in several facilities in
any given week and many places around the complex in any given
month. For me to generate where I was for the last 27 years
will be very, very difficult. And these are my friends and
colleagues who are sometimes now trying to address where
they've been and what they were exposed to and if that had
anything to do with any illnesses they are experiencing at this
time. So generating those work histories and getting personnel
processes in place so we can better document people's work
history is something that we have to move forward with to
better be able to fulfill our responsibilities in workers comp
programs.
Our environmental policies also need some revisiting, only
because they are also difficult to implement. For those of you
who have not been to some of the Department of Energy's larger
sites, not only are they nuclear sites, and high-hazard
facilities that perform some of the Nation's most important
programs, but, in fact, most of them are also game reserves,
and they have a wealth of protected wildlife and native plant
species. And some of them have some of the last critical
undisturbed habitats on site. So that is the challenge, to
deal, not only with critical, very difficult cleanup at these
sites, to deal with the unique habitats that still exist there
that we want to preserve, but to also continue the important
work that we are doing that is often hazardous. Finding
policies that are implementable in all of those areas are
sometimes very difficult.
I believe that it would be my job, as Assistant Secretary,
to look at the progress we've made to date, though, in all of
these areas and to look at those policies and programs we have
in place and see where we might clarify or simplify with some
of these policies so that we can meet those goals of protecting
the environment, protecting the health and safety of our
workers and the communities and the people around our sites,
but also doing the important job of getting the work done in
the most cost-efficient manner possible for the taxpayers.
So, Mr. Chairman and distinguished Senators, it's an honor
for me to have been nominated for this position by President
Bush and to be considered by this committee. I would be pleased
to answer any questions that you have.
[The prepared statement of Ms. Cook follows:]
Prepared Statement of Beverly Cook, Nominee To Be an Assistant
Secretary of Energy for Environment, Safety and Health, Department of
Energy
Mr. Chairman, distinguished members of the committee, thank you for
the opportunity to appear before you today as you consider my
nomination for Assistant Secretary for Environment, Safety, and Health
at the U.S. Department of Energy. I know the committee has many
pressing demands, and some of you are working under very difficult
office arrangements. I am especially grateful for the effort you have
made to schedule my hearing on such a timely basis.
I regret I did not have the opportunity to meet with all of the
individual committee members in advance of this hearing. I would like
to assure the committee that I am interested in meeting with members
individually after this hearing to address any specific questions you
may have, and to better under your individual interests and concerns.
If I am confirmed for this job, I will also make myself available to
meet with you at any time in the future, should a new issue arise that
concerns you.
I am deeply honored to be nominated by President Bush to serve as
Assistant Secretary for Environment, Safety and Health in the
Department of Energy. The environment, safety and health challenges
facing DOE have always been, and continue to be, extremely complex.
This is due, in large part, to the wide variety of work that the
Department has and continues to perform for the American taxpayer.
However, DOE employs a truly world class, highly skilled, and
technically qualified work force, both within the Office of
Environment, Safety and Health and in the field operations with our
federal employees and our contractors. They are capable of meeting this
challenge. I know this first hand, as I have, over the last 27 years,
worked with Department of Energy employees and contractors in all of
these roles. I believe this gives me a unique perspective.
I am a metallurgical engineer. I received my bachelors degree in
Metallurgical Engineering from the University of Washington in Seattle,
Washington. I continued my engineering education with the University of
Idaho while I working at the Idaho National Engineering Laboratory as a
contractor. As a contractor, I performed nuclear safety research and
development, and basic and applied materials research. My experience as
a supervisor and manager began very early in my career. I have also
worked as a staff member to the Defense Nuclear Facilities Safety
Board. I then moved to the Department of Energy's Office of Nuclear
Energy, first as part of the staff, and eventually as Principle Deputy
Director of the Office of Nuclear Energy at DOE headquarters. My
current position is Manager of the Department of Energy's Idaho
Operations Office. I believe my experience in a wide variety of roles
with the Department of Energy and it's contractors and regulator has
allowed me the broadest perspective on what is needed to achieve the
department's environment, safety and health goals.
While great progress has been made, especially in the last several
years, to define environment, safety and health policies, and to put
programs in place that deal with past DOE practices, much remains to be
done. Implementation of the new policies has had it's difficulties, as
I can tell you from my recent perspective as a Field Manager at a large
DOE's site. For example, I am a strong supporter of the Department's
integrated safety management system. We have come a long way in putting
programs in place that assure the safety of our work, both to our
workforce and to the public. Now we need to look at ways to better get
work done in that context. We have learned how to be safe. The last
step in integrated safety management is continuous improvement. That is
the phase the Department and it's contractors are involved with at this
time. We need to be safe, but we need to do work in a cost effective
manner. That is, we need to do work safely.
The workers compensation programs have begun, with their own unique
issues. I believe there are lessons to be learned from our part in the
efforts to date, to make the program more effective. As in all things,
the proof is in the ability to implement a policy, and to obtain the
desired results. Generating a comprehensive work history for
individuals is proving to be very difficult. I know, I am long-term DOE
worker. I have a complete record of any radiation expose I have had for
the last 27 years. I do not, however, have a compete record of which
facility I was in at any given time. I am an engineer. I worked in many
hazardous facilities, in Idaho and at many other DOE sites. I was often
in many facilities in any given week. I do not have a clear record of
my potential exposure to chemical or other environmental hazards. We
clearly need to look at our personnel records keeping practices, to
best provide information to our current workforce for future concerns,
while continuing to assist workers with generating past work histories
and correlating illnesses to work environments.
The Department implementation of environmental policies also need
revisited. Although the intent is clear, our ability to implement these
policies is sometimes difficult, due to a variety of issues. For those
of you who have not spent time at some of the larger DOE sites, most of
them are not only nuclear, high hazard facilities that perform work on
some of the nations most important programs, but they are also game
reserves, with a wealth of protected wildlife and native species of
plants. Many of the sites contain the last of critical undisturbed
habitats. That is the challenge, to deal with not only some of the most
well preserved environments, but also some of our nations most
difficult cleanup challenges and high hazard work, with one set of
policies. We must look at all environmental issues in order to better
meet the intent of all of the environmental policies while meeting the
goal, to get work done in a cost effective manner for our customers,
you and the American taxpayers.
I believe it would be my job, as Assistant Secretary, to look at
the progress we have made since these policies and programs have been
put in place, and see where we might clarify or simplify implementation
so that we can best meet the goals of protecting the health and safety
of our workforce and the public, and protecting the environment. Mr.
Chairman, distinguished Senators, it is an honor for me to be nominated
for this position, and to be considered by the distinguished member of
this committee. I would be pleased to answer any questions.
The Chairman. Well, thank you very much. Ms. Watson, why
don't you go right ahead.
TESTIMONY OF REBECCA WUNDER WATSON, NOMINEE TO BE ASSISTANT
SECRETARY, LAND AND MINERALS MANAGEMENT, DEPARTMENT OF THE
INTERIOR
Ms. Watson. Thank you, Chairman Bingaman, Senator
Murkowski, and members of the committee. It's humbling to be
here before you today, and I'm particularly honored to have
been nominated by the President at this time in our country's
history.
I think that the responsibilities of the Assistant
Secretary for Land and Minerals Management relate directly to
who we are as an American people. I think we have dual desires.
We want to have a strong economy in our country. We know that a
strong economy has to be built on secure energy supplies. Right
now, over 30 percent of our energy is supplied from the lands
and minerals that the Assistant Secretary manages. At the same
time, the American people have a strong desire to protect and
conserve the special landscapes and the ecosystems and the
wildlife that live on those systems that make us a unique
country in the world.
I believe that the job of the Assistant Secretary requires
balancing our desire for secure energy without sacrificing
ecological integrity. I'm confident that I have the background
to do it. Senator Burns kindly summarized that background, and
he described where I live and the difficulty of coming back
here. I do live in a beautiful place. We live on the Little
Blackfoot River. We can drive an hour and fish the Missouri,
the Big Blackfoot, the Big Hole River. We have abundant
wildlife surrounding us, and we love Montana, and we love the
West.
I'm coming back here because I hope that I can make a
difference in the lives of the people who live in the public-
land States. Yes, they live in a beautiful scenery, but their
economic status is really at the margins of our society,
particularly in the vulnerable rural communities and the tribal
reservations. Montana has seven reservations with 14 tribes,
and they suffer from 70-percent unemployment, disproportionate
teen suicide rates. Montana has many people in the small towns
who struggle to make a living and provide for their children by
working two and three jobs. I'd like to do something to make a
difference on the ground and still preserve the ecosystems, to
support the wildlife that provide many benefits that the people
who live in the West want and that the people around the
country treasure.
It's a very tough job. I've gotten a taste of it this week,
and I'm optimistic, though, that--working together with members
of the committee, members of the government, tribal
governments, State governments--that we can work on these
complex and controversial issues and find common ground. I look
forward to working with the committee, and I pledge to work
with you in a collegial fashion and have an open-door policy to
you, the members of your staff, and to all the parts of our
public that care about the public lands, about offshore mineral
development, and certainly surface coal mining.
I thank you for the time and for putting us into your
schedule, and I look forward to your questions.
[The prepared statement of Ms. Watson follows:]
Prepared Statement of Rebecca Wunder Watson, Nominee To Be Assistant
Secretary, Land and Minerals Management, Department of the Interior
Chairman Bingaman, Senator Murkowski, and Members of the Committee:
It is a humbling experience to come before the United States Senate
today. Our country is now faced with a heightened challenge to its
security. I am deeply honored to have been nominated by President Bush
to serve at this critical time. The events during and after September
11th have reawakened our pride in America and have underlined the
goodness and strength that lies in the singular diversity of our
citizens.
I believe that the responsibilities of the Assistant Secretary for
Land and Minerals Management for the Department of the Interior are
related directly to who we are as a Nation. The Office of Surface
Mining, Minerals Management Service and the Bureau of Land Management
together provide over 28% of our Country's energy. These bureaus also
provide timber, clean water, forage for grazing, wildlife habitat and
significant recreation opportunities for the rapidly growing
populations of the West. In exercising the responsibilities of this
office, the Assistant Secretary must seek to balance our desire for a
strong and secure economy with our Country's equally strong desire to
protect the landscapes and ecosystems that make our country unique.
I think most Americans share the same goal--that we have a secure
energy foundation for the continued strength of the American economy,
but that this security is achieved in a way that does not sacrifice the
environment for short-term gain. I believe that the public lands and
minerals can continue to play a key role in contributing to the
strength of the national and regional economies, without sacrificing
their ecological integrity.
Congress, in a series of laws, has provided clear management
direction for public resources--the multiple use concept. Multiple use
management recognizes the diverse benefits provided by public
resources--food for our table, timber to build homes, energy to light
and heat those homes, recreational opportunities to challenge and
educate us, and landscapes to refresh our spirits and to support
wildlife. The foundation of the multiple use concept is
sustainability--meeting those needs not just for today but for the
future generations of American citizens. Sustainability--or finding
that balance between today's demands and future expectations for public
resources--is the challenge that an Assistant Secretary of Land and
Minerals Management must grapple with every day she is on the job. I
pledge to the Committee that, should I be confirmed, I will meet this
challenge with hard work, honesty and a dedication to finding fair and
balanced solutions to public resource management issues.
I am confidant that I have a background that will help me fulfill
this responsibility to the American people. A first-generation American
mother and a father whose ancestors immigrated on the Mayflower raised
me in the Midwest. I was brought up to love and honor this Country, to
appreciate its diversity, to work hard for my employer, to find
pragmatic solutions and to believe that through education I could
achieve anything. Sitting here today before this Committee, I know that
the guidance of my parents and grandparents was correct. I commit to
bring those same values to the responsibilities of this position.
I have lived most of my adult life in the Rocky Mountain West. I
left the prairies of the Midwest for the Rockies after I saw my first
mountains. The focus of my legal practice has been to serve the people
and businesses of the West primarily in natural resource development
and public lands management. I was educated and worked in the ``New
West'' urban center of Denver, spent a decade in the ``Old West''
economy of Wyoming and live now in Montana where the philosophies and
economies of the New West and the Old West are often in conflict. I
have worked in Washington, D.C. for five years. First, at the
Department of Energy helping to develop policy to minimize the
environmental impacts from the use and production of energy and, next,
at a private law firm where I primarily represented the timber industry
on Endangered Species Act and historic resource preservation issues.
Although I enjoyed the national policy-making opportunities in
Washington, I returned to the West because I love the landscape, the
outdoor lifestyle and most of all the western people. I admire their
combination of independence and willingness to reach out to help others
in need. Life in the West is not all as portrayed in ``A River Runs
Through It'' and ``The Horse Whisperer''--people in the rural West
struggle to find good jobs, contribute to their communities and educate
their children. As you know, the public land states have a unique
challenge that results from federal management of from 30-80% of their
surface area. How the federal lands are managed has a direct impact on
the health and well being of those states particularly for more
vulnerable rural and reservation economies.
I believe that while we must address the sometimes competing
demands of the larger American public for development and conservation
of the public lands, we must also help the public land states and
Tribes develop a diverse and sustainable rural economy. I am optimistic
that multiple use management and Secretary Norton's guiding principles
of conservation through communication, consultation and cooperation can
both meet national needs and help rural and reservation economies find
a sustainable future.
If confirmed, I pledge to work with Congress, conservation groups,
states, Tribes, local communities and natural resource interests in a
bi-partisan and forthright effort to find that often-elusive balance
point in the management of public resources. Each of us in this hearing
room is well-aware that this will not be an easy task or one lacking in
controversy. I am confident, however, that Americans of goodwill can
cooperatively work together to find the common ground that best
reflects the desires of our citizens for a strong economy and for the
conservation of public resources to benefit present and future
generations.
I welcome the questions of the Committee.
The Chairman. Thank you very much. Mr. Jarrett, go right
ahead.
TESTIMONY OF JEFFREY D. JARRETT, NOMINEE TO BE DIRECTOR, OFFICE
OF SURFACE MINING RECLAMATION AND
ENFORCEMENT, DEPARTMENT OF THE INTERIOR
Mr. Jarrett. Mr. Chairman, members of the committee, it's a
great honor for me to appear before you today as President
Bush's nominee for the position of Director of the Office of
Surface Mining. President Bush and Secretary Norton have paid
me the highest compliment by recommending me for this position.
As you know from my background information that you've all
reviewed, I've had an entire career of involvement, substantial
involvement, with environmental issues as they relate to coal
mining in this country. I've seen those issues from three
perspectives. One, as a manager with the coal industry for part
of my career. I've seen the issues from the perspective of a
Federal overseer of State regulatory programs, and, for the
past 6\1/2\ years, as a front-line regulator of the mining
industry in the State of Pennsylvania.
Having looked at these issues from those three
perspectives, I've learned a few things over the years that I
would summarize this way. What I've learned is that the
regulated community can live with any reasonable regulation as
long as they understand that those regulations are durable. As
long as they understand what the ground rules are, what's
expected of them, they can comply with those.
At the same time, I've learned that part of the problem
over nearly 30 years of involvement is that things do change.
The technology changes, the science changes, but, most
important, the needs and desires of the people that we all have
a duty to protect change. So I see the challenge as how to
adapt to those changing attitudes and changing needs of our
citizens while at the same time providing the stability and the
consistency that the States and regulated communities need.
Mr. Chairman and members of the committee, Secretary Norton
has a vision for citizen-centered governments with a commitment
to cooperation, consultation, and communication in the service
of conservation. I fully embrace that vision, because I have
seen how that philosophy has allowed us to accomplish so much
in Pennsylvania in the mining program in recent years. And if
I'm confirmed as the director of Office of Surface Mining, you
have my promise that I will work with both houses of Congress
in a nonpartisan way, and you have my promise that I will work
with all of the stakeholders to make the promise of Federal
Surface Reclamation Act a reality.
Thank you for your time today, and I'll look forward to
responding to any questions.
[The prepared statement of Mr. Jarrett follows:]
Prepared Statement of Jeffrey D. Jarrett, Nominee To Be Director of the
Office of Surface Mining Reclamation and Enforcement, Department of the
Interior
Mr. Chairman and members of the Committee, it is a great honor to
appear before you today as the President's nominee for the position of
Director of the Office of Surface Mining. President Bush and Secretary
Norton have paid me the highest compliment by recommending me for this
position.
I started my career almost 27 years ago as an environmental manager
with the coal industry in the state of Ohio. I was fortunate to work
back in the mid-1970's in a state that had relatively comprehensive
reclamation requirements--not too different from the reclamation
requirements of all coal producing states today. When the Federal
Surface Mining Control and Reclamation Act passed in 1977, when many in
industry claimed that they could not comply with the new environmental
requirements, I knew otherwise because my company had already learned
how to take care of the land and the water. We had already learned that
reclamation was not something to be done after the coal was mined, but
rather reclamation and environmental protection permeated every aspect
of our operations from land acquisition and planning through coal
removal and final land restoration. To us, Federal SMCRA meant the
elimination of the competitive disadvantage from operators in states
with lesser environmental requirements.
During my 13-year tenure with the industry, as an environmental
manager, a general manager and as an executive, I was involved in
almost every aspect of the coal mining business. I learned what it
takes to manage a large organization. I learned about the pressures of
being an employer, of securing coal reserves and contracts, and then
meeting those contracts while at the same time taking care of the
environment. I learned how to adapt to change, but more importantly I
learned that it is often not the environmental regulatory requirements
that industry has difficulty with, but the uncertainty that those
requirements will be durable.
It was my in-depth understanding of the industry and my desire to
bring about certainty and stability rather than ambiguity and
indecision that I carried with me to my next career as an environmental
regulator of the mining industry. For seven years I was the Deputy
Assistant Director of Program Operations with the Office of Surface
Mining, primarily responsible for conducting oversight of the eastern
states in implementing the mandates of Federal SMCRA. For the past six
years I have been responsible for managing the environmental regulatory
program over the mining industry in the Commonwealth of Pennsylvania,
first as a bureau director, and now as the Deputy Secretary for Mineral
Resources Management with the Pennsylvania Department of Environmental
Protection.
Mr. Chairman and members of the Committee, I bring a unique
perspective earned and learned over a career of involvement with mining
and environmental issues, as an operator, as a federal overseer of
state regulatory programs, and as a primary regulator of the mining
industry in Pennsylvania. But I also bring a more important
perspective, one learned because I have been involved in the mining and
reclamation business since the beginning of comprehensive regulation of
the mining industry. As much as I have always tried to bring certainty
to the programs I managed, things do change. The nature of the industry
has changed, the technology has changed, the science that we all rely
upon has gotten better, and most important, the concerns of the
citizens we all have a duty to protect have changed, and will continue
to change. In a world of change and shifting viewpoints, the person who
is fortunate enough to lead the Office of Surface Mining must be a good
listener--someone who listens to concerns and viewpoints of all
stakeholders. I am a good listener, and I understand the challenge of
finding common ground and common interests upon which to build
solutions to often very difficult problems. Communication is the key to
understanding, and the cornerstone of stability and certainty.
Mr. Chairman, permit me to talk for a few moments about some of my
accomplishments in Pennsylvania over the past six years of which I am
very proud. One of my first endeavors in Pennsylvania was a project
known as the ``Customer Needs Survey.'' That project is just what it
sounds like--we wanted to take the pulse of citizens, the regulated
community, the utility industry, the surety industry, our own staff--
all of the stakeholders. We wanted to know the good, the bad, and the
ugly. We wanted to know what their interests were, what their concerns
were, and what their ideas were. We held a series of public meetings
across the state; we empowered the staff, from the ranks of the
inspectors through the upper levels of management to go to the field to
knock on doors, to meet with people individually and collectively and
to report back what they learned. What we learned became the
cornerstone of our program planning with one simple goal in mind, ``We
wanted the right people in the right places doing the right things.''
And we have stuck with it. This program was praised by Governor Ridge,
and was later improved upon and expanded to become the standard model
for Department-wide program planning.
Here are just a few examples of where this program led us. Our
stakeholders reinforced their concerns regarding the 240,000 acres of
unreclaimed abandoned mine lands and the 2700 miles of streams impacted
by acid mine drainage emanating from those abandoned mines. More
importantly, we learned that citizens and industry wanted to be our
partners and play a more active role in the restoration of watersheds.
Working with these stakeholders we developed numerous programs that
encouraged the restoration of abandoned mine lands through remining.
These programs have resulted in as much as $33 million worth of free
reclamation each year, and have earned Pennsylvania the reputation of
being the national leader in achieving restoration through remining.
In addition, three years ago, Governor Ridge and the state
legislature enacted Pennsylvania's ``Growing Greener'' program--a five-
year, $650 million program that provides grants to local organizations
for environmental remediation projects. Forty--one percent of those
funds have been dedicated for abandoned mine land and acid mine
drainage remediation projects, and local organizations have contributed
an additional 83 percent in matching funds and work-in-kind.
Through all of its programs, in the past six years Pennsylvania and
its partners have reclaimed an incredible 29,500 acres of abandoned
mine lands, improved 528 miles of acid mine drainage impacted streams,
and eliminated 150 miles of dangerous abandoned high walls.
Citizens also expressed serious concerns about the adequacy of
Pennsylvania's bonding program for active coal mining operations--
concerns that were subsequently reinforced with the filing of a lawsuit
in Federal court. Today, Pennsylvania is implementing two new bonding
programs that are more equitable, and that provide the highest level of
assurance that adequate funds will be available to complete reclamation
plans on any future forfeiture site. The new bonding system nearly
doubles the amount of bond required for land reclamation, and
establishes the first comprehensive program in the nation to provide
the financial resources for the perpetual treatment of acid mine
drainage on sites where operators default on their obligations to treat
water. Once implementation is complete, the financial guarantee program
for acid mine drainage will provide income producing investments with a
present value of nearly $400 million.
The important point that I want to make about Pennsylvania's new
bonding program is that even though it is costly, it was developed and
implemented with the unanimous endorsement of Pennsylvania's Mine
Reclamation Advisory Board--a statutorily created board with voting
members representing the Citizens Advisory Council, Conservation
Districts, the mining industry, and members of the state legislature.
That unanimous support was the direct result of our willingness to
involve the stakeholders in the development of the program, and to
address their legitimate concerns.
Finally, as part of the Customer Needs project, our own staff told
us that we were not doing a very good job of assigning mine inspector
priorities. We responded by reallocating our monitoring and compliance
staff to put our inspectors where the critical needs existed, to
identify and resolve problems before they became violations. As a
result industry compliance rose from 83 percent in 1995 to rates that
have been consistently in the mid--90's in recent years.
Mr. Chairman and members of the Committee, Secretary Norton has a
vision for citizen--centered governance with a commitment to
cooperation, consultation, and communication in the service of
conservation. I fully embrace that vision because I have seen how that
philosophy has allowed us to accomplish so much in Pennsylvania in
recent years. If I am fortunate enough to be confirmed as the Director
of the Office of Surface Mining, you have my promise that I will work
in a bipartisan way with both houses of Congress, and you have my
promise that I will work with all stakeholders to make Secretary
Norton's vision a reality.
Thank you for the opportunity to make this statement.
The Chairman. Well, thank you very much. Let me just ask a
few questions of each of you.
Dr. Chu, the General Accounting Office has severely
criticized the Department of Energy's Nuclear Waste Program in
a report that was just leaked to the press. We haven't gotten a
copy here, but we read about it. GAO casts doubt on the
scientific basis for recommending construction of the
repository at Yucca Mountain and on whether the Department of
Energy can get a license from the NRC for that repository.
Do you have any views that you could share with us on this
at this point? Does the Department have the technical and
scientific basis for recommending Yucca Mountain to the
President and for getting a license from the NRC at this point,
in your view?
Ms. Chu. Senator, as regarding the GAO report, I have not
been briefed by the Department, so I do not have the details
for that report. And all my knowledge comes from the Washington
Post. But I do want to let you know that my plan is, if
confirmed, I will look at this issue seriously and quickly. And
with my 20-year experience in this area, I'm hoping I can grasp
the essence of the issues, and then I will like to give the
Secretary my candid advice and then advocate my opinion to him.
Thank you.
The Chairman. Well, thank you. Ms. Cook, I mentioned
earlier that one of your main responsibilities will be
implementing this new Energy Employee Occupational Illness
Compensation Program that we passed in Congress. It was a
bipartisan effort, and there's been a lot of concern expressed
about the proposed rules to implement that program.
I guess I would just ask--rather than trying to get into a
detailed set of questions about those rules, just ask if you
would be willing to work with us here in the committee and the
Congress to be sure that whatever final rule is adopted is
consistent with congressional intent.
Ms. Cook. Yes, sir, I'd be very happy to do that. As I
said, that--my perspective, especially recently, is on the
implementation end of these things. So I think that I also have
some opinions on the ease of implementing some of these
policies, too. I'd be happy to.
The Chairman. Mr. Jarrett, with most States doing coal
mining--regulating coal mining themselves, what role do you see
the Office of Surface Mining playing in overseeing these State
regulatory programs and the abandoned mine reclamation
activities?
Mr. Jarrett. Well, of course, the Federal----
The Chairman. Do you want to pull that microphone a little
closer, please?
Mr. Jarrett. I'm sorry. Federal SMCRA promised a level
playing field among the States, so I think one of the primary
roles of Federal oversight of the State programs is to ensure
that that level playing field exists. Now, that does not mean
that some States don't have unique circumstances that require
slightly different treatment, but Federal SMCRA provides some
minimum standards. And as long as those minimum standards are
being met in Federal SMCRA, then I think you have delivered the
promise of level playing fields.
The Chairman. Okay. On September 24, I sent a letter to
Secretary Norton on the Salt River Projects mining application
for the Fence Lake surface coal mine in western New Mexico.
I've not yet received a response to that. The Zuni Pueblo is
very concerned about the adverse effects that that mine might
have on their tribal resources. Is something you're familiar
with, or could you assure me that you will get familiar with it
and give consideration to these concerns that we try to raise
in the letter?
Mr. Jarrett. Mr. Chairman, I am generally familiar with
that issue. I understand that some decisions are pending and
perhaps overdue. So it certainly would be one of the issues
that I will look further into to get an expeditious and correct
answer
The Chairman. I think one of the issues we raised in that
letter--I raised in the letter--is that the State has imposed
certain conditions on that project, and we were urging that the
Department, the Federal Department consider imposing similar
conditions. And I hope that you will look seriously at that.
Ms. Watson, you've spent much of your legal career
representing timber, and mining, and oil and gas interests, and
that's not uncommon with a successful law practice in the West.
And I certainly understand that. Can you assure the committee
that, if you're confirmed, you'll be able to put that aside and
have the public interests as your primary concern in this new
position?
Ms. Watson. Thank you for the question, Chairman Bingaman.
Yes, I can assure the committee that I will do that. As an
attorney, I took my representation of my clients seriously, and
my obligation under legal ethics to represent my clients
zealously. And I've been known as an attorney to represent our
clients with passion. I hope to bring that same kind of passion
and commitment to public service. And I recognize that my
responsibilities in government service are to the public. And
that is my--that is where my loyalty will lie.
The Chairman. One issue that I wanted to just flag for you
is one that we're hearing more and more about and--in my State,
at least--and that is land owners and environmentalists are
contacting us about environmental degradation that they believe
is being caused by coal-bed methane production in the San Juan
Basin, in particular. Over the past few years, they've alleged
that that degradation that's been caused by that increased
production has been allowed to occur by the Federal agencies,
and that the BLM, in particular, has not been taken the steps
it should have taken to enforce the conditions that are
attached to those leases.
Is this something you're familiar with? Are you willing to
look at this problem when you get confirmed and try to help us
deal with it?
Ms. Watson. I'm generally familiar with the development of
coal-bed methane, but, of course, primarily in the Powder River
Basin of Montana and Wyoming. I understand that the development
in the San Juan Basin is a little bit different. They're
dealing with poorer water quality and a more abundant methane
resource. I think this would be something that I would want to
take a look at when I got into office. Certainly, I'm aware of
the citizen complaints, concerns that they expressed for their
safety and the quality of their water, and I would work with
the committee to take a look at those and to respond to the
concerns of the local community.
The Chairman. Well, thank you very much. Let me defer to
Senator Murkowski for his questions.
Senator Murkowski. Thank you very much. I'm going to
confine my questions to Ms. Watson. And I want to start with
the North Slope gas development, which I'm sure you're familiar
with. In this course of oil discoveries, we've found about 36
trillion cubic feet of natural gas. What we're concerned with
is the Bureau of Land Management and the Joint Pipeline Office
and how this project is developed, if, indeed, it is developed.
The current producers had indicated that, at current prices,
it's uneconomic at this time. If you're confirmed, will you act
in your role to provide resources needed to the Joint Pipeline
Office to help expedite the project?
Ms. Watson. I'm not familiar with the specifics of the
Joint Pipeline Project and the funding sources for it, Senator
Murkowski, but that will be something that I would want to look
into. I understand the important role that Alaska in providing
our country with the energy it needs, and infrastructure is
something that I'm very interested in looking at to make sure
we have adequate infrastructure in this country.
Senator Murkowski. Well, there is a Joint Pipeline Office
proposed in various legislative proposals under the Bureau of
Land Management, so it would fall under your area of
responsibility. You're also aware that we have, as a State, yet
to get completed our land conveyances. We're becoming a little
frustrated at that. I assume you'll give us your assurance that
you'll review the current program and try and speed up the
process. We wonder how long we have to be a State before we
finally receive all the land that the Federal Government
promised us.
Ms. Watson. Thank you for the question, Mr. Murkowski. I
certainly----
Senator Murkowski. Is it 50 years, or is it a hundred years
or--I'll be long gone, obviously, but some of the folks in
Alaska do remember that.
Senator Burns talked a little bit about mining. It's my
opinion that the previous administration, for all practical
purposes, tried valiantly to shut down the small mining on
public lands in our country. Through a number of changes that
Secretary Norton has proposed, we now have re-proposed
regulations for a 60-day public comment period. It's critically
important that you and your Department listen carefully to the
concerns of the small miners, because it isn't just the big,
large international companies that develop our resources. We've
always encouraged the small prospector, the small miner.
Bonding requirements can simply take the small miner and put
him out of reach of being able to become involved in any
exploration or development.
So I would appreciate it if you would give us your
assurance that you're going to try and review this matter
closely and provide protection for the small miner, recognizing
that he has to live within the compliance of the environmental
oversights.
Ms. Watson. Senator Murkowski, I'm aware of the importance
of small miners. Coming from the State of Montana, I understand
that without small miners, large mining companies don't have
the discoveries that allow them to produce the minerals that we
need. Again, this comes back to a question of balance, we need
to provide for reclamation of the environment with a program
that works, but I understand the problem, and I will work with
you to see that it's addressed.
Senator Murkowski. Two other areas, briefly, the
preauthorization of the Trans-Alaska Pipeline System, which we
talked about very briefly, that's up for renewal. It was a 30-
year authorization. It is the only pipeline re-authorization
that I know of that has ever contemplated a full environmental
impact statement. The concern we have in Alaska is the
cumulative impact analysis that some have proposed dreaming up
questions such as what happens if you extend that pipeline
another 30 years to air quality in southern California? It's
license for full employment of all the environmental lawyers to
just wander off. There's got to be some parameters on this that
are reasonable. We don't feel it should require a full EIS. An
environmental assessment has always been the practical
application on renewals.
The other issue is lease sales in NPRA Alaska and the
sensitivity of the lakes and the wildlife in that area. I
assume you'll familiarize yourself with that, as well, for
prospective leases that may occur in the future.
Ms. Watson. Senator Murkowski, I will, and I'll work
closely with Drue Pearce, in the Department of the Interior, to
address the issues you raised.
Senator Murkowski. Thank you. I'm just going to take, Mr.
Chairman, 30 seconds to put a statement into the record, as a
consequence of the position of the minority. Rule 16-3 of the
Standing Rules of the Senate requires that committees fix
regular weekly, biweekly, or monthly meeting days for the
transaction of business before the committee.
And in compliance with that requirement, the Committee on
Energy and Natural Resources had adopted Rule 2 that provides
in pertinent part that, quote, ``The committee shall meet on
the third Wednesday of each month while Congress is in session
for the purpose of conducting business.'' Neither the Standing
Rules of the Senate, nor the committee rules, provide an
exception to the Democratic leader or anyone else to abolish
committees or order them to cease activities whenever there is
a likelihood that there may be a bipartisan action that would
conflict with this partisan agenda.
Those rules, according to the Democratic leader, evidently
don't apply to the Committee on Energy and Natural Resources,
or at least he's made an exception for this committee.
The point I want to bring up here, for the record, is we
have rules. We should follow them. Apparently, whenever it's
convenient, the Democratic leader--to the Democratic leader,
the rules of the Senate can be suspended, and the rights of
members of the standing committee of the Senate can be
abandoned. We have had a notice from the committee chairman
that this committee is not going to do any further business the
balance of this Congress, which I find unacceptable and very
disappointing. I wanted the record to note, from the standpoint
of our committee requirements and rules, where we are.
I apologize for interrupting, but we have a vote on, and I
wish you all well on your nomination process.
The Chairman. Let me call on Senator Craig. We have--we're
more than halfway through a vote. Did you want us to adjourn
and come back so you can ask questions? Or did you want to ask
your questions quickly?
Senator Craig. Mr. Chairman, I have several questions. None
of them are going to make the difference between whether the
committee decides to vote these fine folks out or not, and so
let me submit them in writing to each one of the nominees. They
are important. Clearly, these areas that you've all and we've
all discussed at the--these ladies and gentleman are going to
be responsible for are going to be critical to the operation of
DOE and the Department of Interior and Mining and those issues.
So for the sake of the nominees who are sitting out there
and would be for the next 30 minutes, let me do that. I'll
submit them in writing. And I thank all of you and look forward
to working with you.
The Chairman. Well, thank you very much. I also have one
additional question that I'll submit for the record to Ms.
Watson related to fire management and the Office of Wild Land
Fire Coordination.
We appreciate you all being, and we will try to act as
quickly as possible on your nominations. And thank you all for
attending the hearing today.
[Whereupon, at 10:28 a.m., the hearing was adjourned.]
APPENDIXES
----------
Appendix I
Responses to Additional Questions
----------
December 11, 2001.
Hon. Maria Cantwell,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Dear Senator Cantwell: Thank you for the opportunity to appear
before the Committee on Energy and Natural Resources as the Director of
Civilian Radioactive Waste Management nominee at the U.S. Department of
Energy.
Enclosed for the record is the answer to the post hearing question
submitted to me in writing by you.
Please let me know if I can be of any further assistance.
Sincerely,
Margaret S.Y. Chu.
[Enclosure]
Response to Question From Senator Cantwell
Question. Ms. Chu, I recently read a memorandum from Jessie Hill
Roberson, DOE's Assistant Secretary for Environmental Management,
stating her top priorities. I was concerned to learn that one of the
Department of Energy's top environmental management priorities is to
``Eliminate the need to process high level liquid wastes. HLW
processing is the single largest cost element in the EM program today.
Eliminate the need to vitrify at least 75% of the waste scheduled for
vitrification today. Develop at least two (2) proven, cost-effective
solutions to every high level waste stream in the complex.'' Clearly,
following through on this priority could come in direct conflict with
the Department of Energy's legally binding commitments entailed in the
Hanford Tri-Party Agreement. What do you think about the cost-
effectiveness of the vitrification process in treating nuclear waste?
Answer. The current plan is for vitrified waste to be disposed of
in a geologic repository at Yucca Mountain. However, at this time, I
cannot comment on the cost of processing and treating this waste
because it is under evaluation by the Office of Environmental
Management. If confirmed, I expect that Assistant Secretary Roberson
and I would discuss issues of mutual importance to integrate our
program objectives.
______
December 7, 2001.
Hon. Larry Craig,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Dear Senator Craig: Thank you for the opportunity to appear before
the Committee on Energy and Natural Resources as the Assistant
Secretary for Environment, Safety and Health nominee at the U.S.
Department of Energy.
Enclosed for the record are the answers to the post hearing
questions submitted to me in writing by you.
Please let me know if I can be of any further assistance.
Sincerely,
Beverly A. Cook.
[Enclosures]
Response to Question From Senator Craig
Question. The Department of Energy is not regulated by the Nuclear
Regulatory Commission for most of its activities--the Yucca Mountain
Program being a notable exception. Instead, DOE ensures the safety of
its operations through a series of internal ``DOE Orders'' and
directives. Some feel this system of orders is in need of comprehensive
reform. If confirmed, would you propose any reform to this system?
Answer. Based on my management experience at the Department of
Energy, I agree that DOE should take a careful look at its current
system of orders and directives to assure that work is done as safely
and efficiently as possible. DOE has already begun an effort to
reexamine its safety management system. As part of that effort, we will
be looking to clarify or streamline our requirements and standards to
better address the changing DOE mission and hazards, with a goal of
facilitating innovative cleanup approaches, reducing costs, and
assuring protection of workers. If confirmed as Assistant Secretary for
Environment, Safety and Health, this would be one of my top priorities.
______
December 11, 2001.
Hon. Pete Domenici,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Dear Senator Domenici: Thank you for the opportunity to appear
before the Committee on Energy and Natural Resources as the Director of
Civilian Radioactive Waste Management nominee at the U.S. Department of
Energy.
Enclosed for the record are the answers to the post hearing
questions submitted to me in writing by you.
Please let me know if I can be of any further assistance.
Sincerely,
Margaret S.Y. Chu.
[Enclosures]
Responses to Questions From Senator Domenici
THE NEED FOR STUDY OF ALTERNATIVE STRATEGIES FOR SPENT FUEL
Question 1. Existing nuclear power plants, especially with license
renewals, will generate spent fuel that far exceeds the capacity of
Yucca Mountain. The nation will need to either begin work on another
repository very quickly after opening Yucca Mountain, or technologies
need to be developed for better utilization of Yucca Mountain--along
with changes in the enabling legislation.
Do you concur that we need to explore options for management of
spent fuel that might lead to far lower toxicity of the final waste
products? As you know, such work could enable the residue from far more
spent fuel to be placed in Yucca Mountain while still generating far
less radio toxicity than is currently planned for the Mountain.
Answer. Senator, I understand that there are promising technologies
that are currently being investigated to reduce the volume and
radiotoxicity of nuclear materials. When these technologies have
matured, I believe that they could complement and possibly enhance the
management of our nuclear waste.
If confirmed as the Director of the Office of Civilian Radioactive
Waste Management, I will vigorously pursue the authority under the Act
to develop a geologic repository, and will remain open to the
possibilities that new technologies may offer in enhancing the overall
geologic disposal system.
THE ROLE OF SCIENCE IN EVALUATION OF YUCCA MOUNTAIN
Question 2. All sides of the debate over Yucca Mountain talk about
the need for good science in reaching decisions on the repository. With
your background, you are well suited to evaluating and leading that
science.
Do you concur with the importance of using the best scientific
knowledge as decisions about any repository are reached?
Answer. Yes, I do concur. I believe that not only must we use the
best science available, but also we must communicate this information
to the public who are vitally interested in our efforts. I experienced
this first-hand in my involvement with the Waste Isolation Pilot Plant,
in Carlsbad, New Mexico. My years as a scientist in our national
laboratory system have led me to believe that informed, science-based
decisions must be made so that both the public and our policy makers
will have high confidence in the decisions we make to manage our
nuclear materials.
LICENSING OF YUCCA MOUNTAIN ONLY FOR RETRIEVABLE STORAGE
Question 3. One attractive alternative to achieve faster movement
of spent fuel from the many spent fuel storage sites around the country
might be to consider that the Yucca Mountain facility be licensed only
for retrievable storage for 300 years, while continued research into
alternative options is pursued.
I realize this would take congressional action to make this change,
but would you agree that it should be very simple to license Yucca
Mountain for such an interim storage mode?
Answer. I have not looked at this option, because if confirmed, my
responsibility would be to carry out what has been mandated under the
Nuclear Waste Policy Act.
______
December 11, 1001.
Hon. Maria Cantwell,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Dear Senator Cantwell: Thank you for the opportunity to appear
before the Committee on Energy and Natural Resources as the Assistant
Secretary for Environment, Safety and Health nominee at the U.S.
Department of Energy.
Enclosed for the record are the answers to the post hearing
questions submitted to me in writing by you.
Please let me know if I can be of any further assistance.
Sincerely,
Beverly A. Cook.
[Enclosures]
Responses to Questions From Senator Cantwell
Question 1. In recent months the Bush Administration has taken
steps that reduce the scope and effectiveness of the Office of
Environmental Safety and Health; for example some oversight activities
performed by the office have been stopped because they are seen as too
obtrusive. I am concerned that these actions--or inactions--could
amount to an attempt to dismantle this important worker and
environmental protection office in the Department of Energy. Please
specify for the record what you see as the future of the Office of
Environmental Safety and Health.
Answer. The Office of Environment Safety and Health now plays and
will continue to play a key part in the Department of Energy's mission.
One of the goals of recent actions taken to restructure the Department
was to better direct and focus the Office of Environment, Safety, and
Health, not dismantle it. I strongly believe that DOE should set clear
environment, safety, and health goals and measure its success by how
well it meets those goals. The Office of Environment, Safety and Health
will be at the heart at that effort, and will continue to serve as a
corporate asset in assessing, facilitating, and achieving continuous
improvement in safety management.
Question 2. The Department of Energy's operations at Hanford are of
critical importance to me and to my constituents in Washington State.
Given your long career within the Department of Energy, you are no
doubt well aware of what is going on at Hanford and the problems faced
there. Please describe your position on environmental and safety
practices at Hanford. What do you see as the critical difficulties at
Hanford, and how would you handle them as Assistant Secretary? Finally,
please describe what steps you will take to strengthen and improve DOE
outreach and coordination with worker health and safety advocacy groups
at Hanford.
Answer. Through my experience as a DOE program and field office
manager, I know that environmental and safety practices at Hanford
continue to improve over past performance. At the same time, the DOE
Hanford site has some very unique and difficult issues to address as a
result of past missions and practices. The condition of some of the
facilities and the composition of some of the waste streams are not
well understood. Remediation of those facilities and waste streams will
be extremely expensive and take a very long time, given current
technologies and practices. The Assistant Secretary of Environmental
Management is reviewing the plans for remediation of the Hanford site,
looking at using new technology and other ways to complete that work in
a safe, cost effective and timely manner. It will be the responsibility
of the Office of Environment Safety and Health to assist in this effort
and assure the protection of the environment and worker and public
health and safety.
I will take a careful look at current outreach programs at Hanford
and all of the DOE sites in order to assure effective coordination with
worker health and safety advocacy groups. I have been a worker in the
DOE complex, at many of the field facilities, for almost 27 years, and
I am interested in assuring that the worker and community health issues
are addressed appropriately.
Question 3. The Energy Employees Occupational Illness Compensation
Program Act of 2000 established a program to compensate individuals who
developed illnesses as a result of their employment in nuclear weapons
production-related activities. This initiative is especially important
to me given the large number of affected workers in the state of
Washington. However, since the passage of the act, the Department of
Energy has not moved to properly implement its portion of the worker
assistance program, leaving many sick workers and their families on
their own to navigate complex worker compensation benefits programs and
pay expensive medical bills.
I find this very distressing. These men and women worked very hard
under difficult conditions to produce nuclear weapons and help America
win the Cold War. Some of them are now seriously ill, and the
Department of Energy is doing everything it can to limit eligibility
and reduce its own liability.
Please explain how you would implement the Energy Employees
Occupational Illness Compensation Program with Congressional intent. It
is important that you do this without further obfuscation or delay.
Answer. One of my first priorities will be to evaluate how the
Department of Energy is implementing its responsibilities under the
Energy Employees Occupational Illness Compensation Program and assure
that it is meeting the goals set out in the legislation. While the
Department of Labor has the lead in administering the program, I
recognize that the Department of Energy has important responsibilities
as well. I understand that DOE has made significant progress in meeting
its responsibilities to identify and assist workers, and that all
agencies involved in implementing the Energy Employees Occupational
Illness Compensation Program, including the Department of Energy under
Secretary Abraham, are committed to fairly and efficiently
administering this program. Be assured that I will work to see this
progress continue.
Question 4. Additionally, there are several specific areas of the
Energy Employees Occupational Illness Compensation Program I would like
you to address. First, regarding the DOE's State Assistance Program:
Subtitle D of the Energy Employees Occupational Illness Compensation
Program Act instructs the Department of Energy to assist workers with
``other'' illnesses (not cancer, silicosis, or beryllium disease) in
determining if their illnesses are related to working in nuclear
weapons production. DOE is to assist workers found to have
occupationally-related illnesses in obtaining state workers
compensation benefits.
I understand, however, that the Department of Energy has proposed
rules that reimpose the very barriers Subtitle D was written to help
workers avoid, and that DOE has threatened to refuse to implement
Subtitle D. The DOE is ignoring the recommendations of the federally
chartered Workers Advisory Committee on how to implement this law. As
Assistant Secretary, do you believe it is your duty to implement the
legislation in full? How will you implement Subtitle D in a way that
fulfills the Department of Energy's obligations to its workers?
Answer. As Assistant Secretary, I would be committed to
implementing the Energy Employees Occupational Illness Compensation
Act, including Subtitle D that affects DOE workers who have become ill
because of exposure to toxic substances at a DOE site. I understand
that the proposed rule to implement the program was issued in September
and that the Department is in the process of reviewing comments,
including those from the Advisory Committee, and drafting the final
rule. If confirmed, I will work to assure that DOE's implementation of
Subtitle D of the Energy Employees Occupational Illness Compensation
Program Act complies with the law and helps workers.
Question 5. I am also concerned about another area of the Energy
Employees Occupational Illness Compensation Program--interagency
cooperation. Proper implementation of the program requires the
cooperation of DOE, the Department of Labor and Health and Human
Services. This will certainly pose ongoing challenges for you as
Assistant Secretary. Since each agency has its own expertise--labor
runs compensation programs, DOE runs the weapons complex, HHS does
health studies--how do you plan to handle the inevitable turf battles
and work to advance the larger goals of the program? Furthermore, since
each agency will require the same documents and will need to share many
types of data, it would be logical for the agencies to develop shared
information management systems. Since this is a brand new program, the
opportunity exists for developing such a system. Do you have plans to
develop a shared data and information management system for the Energy
Employees Occupational Illness Compensation Program?
A final point of concern regarding the Energy Employees
Occupational Illness Compensation Program is the Advisory Committee on
Radiation and Worker Health at HHS. I believe the current composition
of this committee's membership is unsatisfactory. As appointed by the
White House, this HHS-staffed committee includes numerous DOE
contractor representatives and only one worker representative. Both of
these aspects run directly counter to Congressional direction in the
statute. The presence of several DOE-related members also raises clear
conflict of interest issues. If confirmed as Assistant Secretary, will
you look into this matter and take all necessary steps to remedy any
improprieties?
Answer. The Energy Employees Occupational Illness Compensation Act,
and the accompanying Executive Order, provided clear roles for the
three agencies drawing on the experience and expertise of each. The
federal entitlement program is managed by the Department of Labor. The
Department of Health and Human Services assists the Department of Labor
by conducting dose reconstructions. The Department of Energy is
responsible for providing worker records and data needed to support
these efforts. There will be benefits and efficiencies to be gained
from close cooperation between the agencies in obtaining records and
maintaining databases and general information systems as well as in
many other areas related to worker's compensation. Direct and continued
dialog at the highest levels between agencies can help to clarify each
agency's roles and responsibilities and provide the best value for the
taxpayer. I intend to ensure that dialog occurs. Regarding the members
of the Advisory Committee on Radiation and Worker Health at HHS, the
membership of the Committee was appointed by the White House upon
recommendations made by the Secretary of Health and Human Services. I
understand that DOE had no input into this matter.
Question 6. I understand a measure passed the U.S. House of
Representatives that would require DOE to enforce OSHA standards for
occupational safety with the DOE nuclear weapons complex. Please
provide your analysis of this legislation. In general, do you support
the application of OSHA standards for occupational safety within the
DOE nuclear weapons complex?
Answer. I have not had an opportunity to review the proposed
legislation and do not have an analysis of that legislation at this
time. I certainly understand the intent of the legislation, to provide
DOE workers a level of protection equivalent to those provided by OSHA
standards, and that is a goal that should be met. In fact, through DOE
directives and integrated safety management systems, DOE already
requires its contractors to meet industrial safety standards that are
the same or comparable to those established by the OSHA.
Question 7. An important part of worker safety and health in the
DOE weapons complex is the medical monitoring program for former
workers, which is administered by the University of Washington and paid
for by grants from the Office of Environmental Safety and Health. As
Assistant Secretary, would you continue to support these medical
screening and monitoring program? Will you work to ensure adequate
funding remains in place for this critical program?
Answer. I support medical screening and monitoring programs that
assist in determining health issues of workers associated with their
work history. The Former Worker Medical Surveillance Program began in
1996 and now has 12 ongoing projects at 10 DOE sites, including the
Hanford site. We expect that most projects will have completed medical
screening of interested former workers within the next several years. I
will review the current medical monitoring programs to evaluate the
effectiveness of the programs, and it will be my responsibility to
assure that adequate requests are made to Congress to fund appropriate,
effective programs in this area.
Question 8. A final area of concern pertains to regulatory
authority over the DOE nuclear weapons complex. Please articulate your
position on external regulation of the nuclear weapons complex while
maintaining DOE internal oversight.
Answer. While external regulation may be appropriate for specific
activities or facilities, such as spent fuel storage facilities, many
of DOE's activities are unique. Current regulations promulgated by
other agencies are not adequate to provide comprehensive, effective
regulation of many of DOE's activities at this time. We have seen that
it is possible to manage certain DOE facilities with a combination of
external and internal regulation, as is done at DOE's Idaho National
Engineering and Environmental Laboratory (INEEL). The Nuclear
Regulatory Commission regulates two separate spent fuel storage
facilities at INEEL and, as the Manager of the DOE's Idaho Operations
Office, it was my responsibility to hold NRC licenses for those
facilities. This is certainly an issue we will continue to follow, but
at this time, I believe it would be difficult to turn entirely to
external regulation and effectively assure the protection of the
environment, our workers and the public.
______
December 7, 2001.
Hon. Craig Thomas,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Dear Senator Thomas: Thank you for the opportunity to appear before
the Committee on Energy and Natural Resources as the Assistant
Secretary for Environment, Safety and Health nominee at the U.S.
Department of Energy.
Enclosed for the record are the answers to the post hearing
questions submitted to me in writing by you.
Please let me know if I can be of any further assistance.
Sincerely,
Beverly A. Cook.
[Enclosures]
Response to Question From Senator Thomas
Question. The President's National Energy Policy recommends that
the President direct the Secretary of Energy to explore potential
opportunities to develop educational programs related to energy
development and use. This should include possible legislation to create
public education awareness programs about energy. Can you tell me what
the Administration has done thus far or may plan to do concerning this
initiative?
Answer. The following are some of the Administration's initiatives
to promote public awareness and education on energy issues:
July 27, 2001--Sec. Abraham announced a number of steps to
increase electricity generation from wind power in Illinois
In an effort to improve and expand renewable energy resources in
the state of Illinois, a DOE lab developed a wind resource map and
sponsored a wind energy workshop which was held on November 27, 2001 in
Illinois. The projects could lead to 3,000 to 9,000 megawatts of wind
power peak capacity and serve up to 2 million homes.
November 28, 2001--Joint DOE and Dept. of Interior Summit on
Renewable Energy on Federal Land
Secretary Gale Norton co-hosted the summit with Assistant Secretary
for Energy Efficiency and Renewable Energy Dave Garman at the Interior
Department in Washington, DC. Panels of experts in the private and
public sector came to talk about how the federal government can expand
its efforts to find renewable energy resources on federal property. The
Summit was one of the recommendations in the President's National
Energy Policy released in May.
November 7, 2001--Energy Star Product Expo Brings
Efficiency to Market
In the first gathering of its kind, the U.S. Department of Energy
(DOE) brought together manufacturers and retailers of high-efficiency
appliances and lighting products under one roof, opening the Energy
Star Product Expo to the public Nov. 9-10. Via taped message,
Secretary of Energy Spencer Abraham offered encouragement to consumers
to ``Look for the Energy Star label.''
October 5, 2001--Energy Secretary Launches ``Energy
Awareness Month'' and visited home receiving Weatherization
Assistance
Secretary of Energy Spencer Abraham launched ``Energy Awareness
Month'' by accompanying professional crews installing energy efficient
Weatherization improvements in a home in Arlington, Va. The
improvements, managed by Community Housing Partners, are being
conducted through the U.S. Department of Energy's Weatherization
Assistance Program.
November 27, 2001--U.S. Department of Energy Celebrates 25th
Anniversary of Weatherization Assistance Program
The U.S. Department of Energy's (DOE) Weatherization Assistance
Program celebrated its 25th anniversary by commemorating the
weatherizing of the five-millionth home under the program. Assistant
Secretary for Energy Efficiency and Renewable Energy David Garman
delivered keynote remarks at today's National Weatherization Training
Conference in Atlanta, Ga., attended by officials from state
Weatherization offices and 970 local agencies that carry out home
Weatherization improvements.
September 17, 2001--Energy Department to Award Over $30
Million to Develop New Bioproduct Technologies and Train
Graduate Students in the Bioproducts Field
Secretary of Energy Spencer Abraham announced that the U.S.
Department of Energy (DOE) will invest $30 million over the next three
to five years in 11 projects to develop process technology to produce
chemicals, plastics, materials and other products from plant matter and
other natural waste materials. The funds will also be used to establish
University education and training programs in the area of bioproducts.
Many of the projects will be cost-shared approximately equally between
DOE and its partners.
October 3, 2001--Energy Department, American Solar Energy
Society Announce Public Tours of Solar Powered Home
On October 13, homes powered by the clean, non-polluting and
renewable power of the sun will be open to people interested in seeing
first-hand how solar energy is being used in today's homes. The U.S.
Department of Energy (DOE) is co-sponsoring a tour of more than 800
homes in 43 states and the District of Columbia.
July 6--Secretary Abraham held town hall meeting with Rep.
Judy Biggert
Secretary Abraham traveled to DOE's Argonne National Laboratory to
co-host a town hall meeting with Congresswoman Judy Biggert to address
the concerns of constituents on energy issues. The town hall was
carried live by local networks.
October 1, 2001--Energy Secretary Abraham Announces National
Energy Awareness Month 2001
October 2001 was Energy Awareness Month--the 22nd annual energy
awareness campaign sponsored by the Department of Energy (DOE). The
goal of Energy Awareness Month is to promote a greater public
understanding and awareness of energy sources, how they can be used
wisely and effectively, and the importance of energy to the economic
prosperity and future of the United States. The Secretary hosted events
every week around the country to participate in this education effort.
October 9, 2001--Energy Secretary, EPA Administrator Whitman
Launch 2002 Fuel Economy Guide
Administrator Whitman joined Sec. Abraham in a tour at DOE of the
fuel efficient leaders for 2002 as they unveiled the newest edition of
the web based Fuel Economy Guide. These guides help consumers select
the ``safest, cleanest, and most fuel-efficient vehicles'' in the
marketplace. The web site is produced in partnership with EPA and the
National Highway Transportation Safety Administration.
______
Hon. Jeff Bingaman,
Chairman, Senate Energy and Natural Resources Committee, U.S. Senate,
Washington, DC.
Dear Mr. Chairman: Enclosed you will find my response to the
written questions following my confirmation hearing before the Senate
Energy and Natural Resources Committee on Wednesday, December 5, 2001.
If I can be of further assistance, please let me know.
Sincerely,
Rebecca W. Watson,
Assistant Secretary--Land and Minerals Management Designate.
[Enclosures]
Response to Question From Senator Bingaman
fire management
Question. After the National Fire Plan was put into place last
year, the Secretary of the Interior created the Office of Wildland Fire
Coordination to ensure implementation of the plan, coordinate all of
the agencies' fire policy and measure performance and accountability.
It is my understanding that the Secretarial order establishing this
Office expires on December 22, 2001. I also raised this issue with
Kathleen Clarke during her nomination hearing a [few] weeks ago because
BLM plays a major role in Federal wildland fire policy and
implementation. Nonetheless, it is my understanding that the Department
has made no plans to continue funding and supporting this office beyond
December 22. Given a recent GAO report stating that the Federal
government needs to increase interagency coordination of fire
management, it seems very important to keep this Office up and running.
Do you agree?
Answer. I agree that the Office of Wildland Fire Coordination is
necessary to increase interagency coordination of wildland fire
management. I understand that the existing Secretarial Order that
established that office will expire on December 22, 2001. I also
understand that the Secretary is taking steps to continue the Fire
Coordination Office. This will ensure that coordination of wildland
fire management issues in general and the National Fire Plan
specifically will be sustained. This action also reflects the
Department's commitment to collaboration with its many external
partners, and specifically on crosscutting issues as critical as fuels
management, restoration and wildfire suppression. I support the
Secretary's actions to continue the Wildland Fire Coordination Office
and I look forward to working with that staff to advance the goals and
objectives of the National Fire Plan.
______
Hon. Larry E. Craig,
U.S. Senate, Washington, DC.
Dear Senator Craig: Enclosed you will find my response to the
written questions following my confirmation hearing before the Senate
Energy and Natural Resources Committee on Wednesday, December 5, 2001.
If I can be of further assistance, please let me know.
Sincerely,
Rebecca W. Watson,
Assistant Secretary--Land and Minerals Management Designate.
[Enclosures]
Response to Question From Senator Craig
Question. The BLM uses Oust as a means of controlling cheat grass.
Earlier this year, farmers in Idaho, who are adjacent to a control
area, discovered impacts ranging from malformed crops to areas of no
growth in their crops. Current estimates put the crop damage to
potatoes, sugar beets, wheat, barley, corn, and alfalfa at
approximately $100 million. It is important that BLM work with states
and farmers to prevent such an event from happening again.
Will you commit to include in the BLM budget request for fiscal
year 2003 funding to provide compensation payments to these growers?
Answer. I am not familiar with the details concerning this issue.
However, if confirmed, I will review this matter and look forward to
working with you to address your concerns.
______
Hon. Pete V. Domenici,
U.S. Senate, Washington, DC.
Dear Senator Domenici: Enclosed you will find my response to the
written questions following my confirmation hearing before the Senate
Energy and Natural Resources Committee on Wednesday, December 5, 2001.
If I can be of further assistance, please let me know.
Sincerely,
Rebecca W. Watson,
Assistant Secretary--Land and Minerals Management Designate.
[Enclosures]
Responses to Questions From Senator Domenici
PUBLIC LAND
1. New Mexico has a substantial amount of public land. With this
amount of land comes the problem of what will and will not be allowed
upon it. Whether the issue is drilling for oil and gas, mining, or
recreational use of the land, the problem generally involves access.
Question. Will you work to balance the goals of protecting these
lands and their natural resources, while at the same time working to
ensure that the land is accessible and mined responsibly?
Answer. Yes. I am committed to working with Secretary Norton to
ensure that there is a balance of appropriate uses on lands
administered by the BLM through the land use planning process and
adherence to all environmental laws. If confirmed, I will strive to
achieve this balance for all stakeholders through consultation,
communication, and coordination all in the service of conservation.
ENERGY/OIL & GAS
1. The Nation is facing a silent energy crisis. Energy independence
should be an important part of the Interior Department's mandate. Such
independence would include opening up responsible mining opportunities
and examining possibilities for exploration and development.
Question A. How will you work to protect resources and the
environment while encouraging sensible mining practices for energy
independence?
Answer. I agree that ensuring our Nation's energy security is of
paramount importance. I fully support the President's National Energy
Policy which calls for increasing and diversifying our Nation's energy
sources, while ensuring sound environmental management. If confirmed, I
will work collaboratively with all affected parties to protect the
environment while identifying and implementing effective means to
explore and develop our Nation's energy resources.
Question B. Will you encourage domestic drilling and allow access
to public lands for drilling where known resources exist and little
environmental impact would result?
Answer. If confirmed, I will work with Secretary Norton to identify
energy resources available for development, and promote
environmentally-sound access to these critical energy resources
consistent with land use planning.
Question C. What, if anything, do you plan to do to develop and
utilize resources from public lands to produce more energy?
Answer. If confirmed, I will work to implement the President's
Energy Policy which encourages development of both renewable and
nonrenewable energy resources on public lands. I will work with all
interested parties to ensure that land use planning is conducted
thoroughly, yet expeditiously.
Question D. Will materials produced from the public lands be made
available for the production of bioenergy?
Answer. Yes. Utilization of biomass for energy production is
consistent with the National Energy Policy objective to increase
America's use of renewable and alternative energy sources. Biomass
utilization is also consistent with the goals and objectives of the
National Fire Plan to reduce accumulations of woody materials that
create a fire hazard, and threaten communities, forests and rangelands
with catastrophic wildfire.
Question D. While the situation is improving, many drillers are
finding undue delays in drilling permit approvals in New Mexico. Will
you work to resolve this problem, especially in light of our nation's
dependence on foreign oil?
Answer. I am aware that the efficient processing of such permits
can help develop a secure source of domestic energy. If confirmed, I
will work to ensure that all parties work together to devise a
streamlined and efficient process for reviewing and approving drilling
permits, consistent with all planning and environmental laws.
GRAZING ISSUES
1. Will you work to reduce the terrible backlog of grazing permit
renewals within the BLM? This effects many grazers in the west, to no
fault of their own. Congress has been providing money and legislative
directives to resolve this situation for several years now.
Question. Will you see that this problem is resolved as soon as
possible?
Answer. I am committed to working with the BLM Director with the
goal of eliminating this backlog as quickly as possible. I understand
the frustration and uncertainty the many grazers in the west are
confronted with and, if confirmed, will work to provide them with a
resolution, while meeting all legal requirements.
Appendix II
Additional Material Submitted for the Record
----------
Interstate Mining Compact Commission,
Herndon, VA, August 1, 2001.
Hon. Jeff Bingaman,
Chairman, Energy and Natural Resources Committee, U.S. Senate,
Washington, DC.
Dear Mr. Chairman: On behalf of the member states of the Interstate
Mining Compact Commission (IMCC), I am writing to endorse President
Bush's nomination of Jeffrey D. Jarrett to serve as the Director of the
Office of Surface Mining (OSM) in the U.S. Department of the Interior.
As Governor Tom Ridge's representative for the Commonwealth of
Pennsylvania to the Compact, we have had the privilege of working with
Mr. Jarrett for many years. He is a thoughtful, dedicated public
servant who has effectively represented the interests of Pennsylvania
in the Compact, while helping to guide the overall direction and work
of the Compact.
Mr. Jarrett has a wide range of experience and perspectives on the
critical issues that he will be called upon to manage at OSM. He also
demonstrates key leadership qualities, including an ability to balance
interests and reach consensus, to fully and expeditiously comprehend
the essence of complex issues presented for his consideration, and to
work with a variety of interest groups. He is professional in his
dealings with others and has always provided us with meaningful counsel
and advice based on well reasoned and well articulated positions.
We urge you to schedule a hearing on the nomination of Mr. Jarrett
as soon as possible and to approve his nomination expeditiously
thereafter. Should you have any questions or require additional
information, please do not hesitate to contact me.
Sincerely,
Gregory E. Conrad,
Executive Director.
______
State of Alabama,
Department of Industrial Relations,
Montgomery, AL, August 15, 2001.
Hon. Jeff Bingaman,
Chairman, Energy and Natural Resources Committee, U.S. Senate,
Washington, DC.
Dear Mr. Chairman: As Governor Don Siegelman's representative to
the Interstate Mining Compact Commission (IMCC) for the state of
Alabama, I am writing to endorse President Bush's nomination of Jeffrey
D. Jarrett to serve as the Director of the Office of Surface Mining
(OSM) in the U.S. Department of the Interior.
Mr. Jarrett's wide range of experience with industry, state and
federal agencies will be invaluable in managing the critical issues
facing OSM. He has a reputation for being able to balance interests and
reach consensus, effectively dealing with difficult technical and
political issues, and for working with a variety of interest groups.
We urge you to schedule a hearing on the nomination of Mr. Jarrett
as soon as possible and to approve his nomination.
Sincerely,
Alice McKinney,
Director.
______
Commonwealth of Kentucky,
Natural Resources and Environmental Protection Cabinet,
Frankfort, KY, August 30, 2001.
Hon. Jeff Bingaman,
Chairman, Energy and Natural Resources Committee, U.S. Senate,
Washington, DC.
Dear Senator Bingaman: I am writing to support President Bush's
nomination of Mr. Jeffrey D. Jarrett as the Director of the Office of
Surface Mining (OSM) in the U.S. Department of the Interior. Through
our many years of participation in the Interstate Mining Compact
Commission, we have had the opportunity and privilege of working with
Mr. Jarrett. The compact is a multi-state governmental organization
representing the natural resources and environmental protection
interest of its 20 member states. We have always found him to be a very
insightful and dedicated public servant who conducts himself in a truly
professional manner.
Mr. Jarrett has extensive experience and a thorough perspective on
the many critical issues that he would face should he be called upon to
manage OSM. I have been advised that he demonstrates strong leadership
abilities, fully and expeditiously understands the essence of complex
issues presented for his consideration, and can work with a variety of
interest groups. He is known for always being courteous and reasonable
in his dealings with others and has always provided the member states
with meaningful counsel and advice on soundly reasoned and well-
articulated positions.
I strongly urge your committee to schedule a hearing on the
nomination of Mr. Jarrett as quickly as possible and to approve his
nomination shortly thereafter. Should you have any questions or
concerns about this matter please do not hesitate to contact me at
(502) 564-3350.
Sincerely,
James E. Bickford,
Secretary.
______
December 5, 2001.
Allegheny Defense Project American Lands Alliance
American Wildlands American Rivers Clearinghouse for
Environmental Advocacy Research Citizen's Coal Council
Colorado Environmental Coalition CO PIRG Citizen
Lobby Defenders of Wildlife Ecology Center
Endangered Species Coalition Finger Lakes Forest Watch
Congress Florida PIRG Friends of the Earth
Idaho Sporting Congress, Inc. Indiana Forest Alliance
Mineral Policy Center MoveOn.org Montana PIRG
Montana Environmental Information Center Physicians
for Social Responsibility San Juan Citizens Alliance
The Wilderness Society US PIRG Utah Environmental
Congress Wyoming Outdoor Council 20/20 Vision
Re: Nomination of Rebecca W. Watson for Assistant Secretary for Land
and Minerals Management, Interior Department
Dear Senator: We are writing to express our concerns regarding
Rebecca W. Watson, who has been nominated as Assistant Secretary for
Land and Minerals Management. The Assistant Secretary for Land and
Minerals Management is one of the most important posts at the
Department of the Interior, with responsibility for overseeing the
operations and policies of the Bureau of Land Management, the Minerals
Management Service and the Office of Surface Mining and Enforcement.
This position carries with it the responsibility of balancing the use
of our public lands for livestock grazing, and energy and mineral
production with protection of a host of cultural, archeological,
historic and environmental values.
For that reason we would like to urge your close scrutiny of Ms.
Watson for this important position. As a partner at the Helena law firm
of Gough, Shanahan, Johnson & Waterman, Ms. Watson represented
extractive industries in a number of cases that sought to weaken
environmental safeguards imposed on those industries by state law.
For example:
Ms. Watson unsuccessfully represented defendants, including
the Seven-Up Pete Joint Venture and Canyon Resources
Corporations in a 1999 clean water case that sought to uphold
the rights of Montanans to a clean and healthful environment
under the Montana constitution. The suit was filed because the
Montana Department of Environmental Quality had allowed the
Seven-Up Pete Joint Venture to pump, without treatment,
millions of gallons of arsenic-tainted water into the Landers
Fork and Blackfoot Rivers. The Montana Supreme court upheld the
constitution and affirmed Montanans right to a clean and
healthful environment. In response to this decision Watson
said, This is another blow at the economic vitality and at the
future of Montana and Montana's children.
In 1996, Ms. Watson represented a group called Montanans for
Common Sense Water Laws/Against Initiative 122. Initiative 122
would have required mining companies to remove carcinogens,
toxins, metals and nutrients prior to the release of mine
discharges into state waters. Although this initiative failed a
similar initiative banning the use of cyanide in mines passed
in 1998. In response to the passage of this initiative, Ms.
Watson published a paper entitled Democracy Is The Theory That
The Common People Know What They Want, And Deserve To Get It
Good And Hard,'' which outlined industry strategies for
defeating citizen initiatives. Key recommendations Ms. Watson
includes in this paper are; litigate early and often--don't
hold back to make the voters like you--they don't and raise
money early and raise enough. Ms. Watson cites an example in
1994 where the Oregon mining industry had to spend between $3-
$4 million to defeat an initiative that proposed to restrict
open-pit mining by banning the use of cyanide.
Ms. Watson also represented opponents of the Upper Missouri
River Breaks National Monument designated by President Clinton.
This monument protects one of the last remaining intact areas
discovered by the Lewis and Clark expedition.
Ms. Watson further represented three landowners in a
challenge to the Montana Stream Access Law, a law that ensures
a citizen's right to use the state's rivers and streams for
recreation. This lawsuit was eventually thrown out by the U.S.
District Court.
From 1993-1995, Ms. Watson represented a number of industries,
including major multi-national businesses and national trade
associations in the areas of mining, forest products, agriculture, and
construction when she practiced law with the Washington D.C. law firm
Crowell and Moring. While in Montana, Ms. Watson lobbied for a number
of industries, including Golden Sunlight Mines, Inc., Redstone Gas
Partners, the Montana Mining Association and Express Pipeline
Partnership. All of these companies are involved in natural gas, coal
bed methane or hardrock mining production.
The responsibility for overseeing the Bureau of Land Management,
Office of Surface Mining, and the Mineral Management Service is one
that should not be taken lightly. Whoever holds this position will be
called on to make important decisions regarding the use and the
stewardship of America's public lands. Through her work in the private
sector, Ms. Watson has consistently worked to undermine public health
and environmental laws while trivializing citizens' access to the
democratic process. We urge you to closely scrutinize Rebecca W.
Watson's record and her ability to manage our public lands in a fair
and unbiased manner.