[Senate Hearing 116-95]
[From the U.S. Government Publishing Office]
S. Hrg. 116-95
HEARING ON THE NOMINATIONS OF AURELIA SKIPWITH TO BE DIRECTOR OF THE
U.S. FISH AND WILDLIFE SERVICE AND KATHERINE LEMOS TO BE MEMBER AND
CHAIRPERSON OF THE CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
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HEARING
BEFORE THE
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED SIXTEENTH CONGRESS
FIRST SESSION
__________
SEPTEMBER 11, 2019
__________
Printed for the use of the Committee on Environment and Public Works
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
38-515 PDF WASHINGTON : 2019
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COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ONE HUNDRED SIXTEENTH CONGRESS
FIRST SESSION
JOHN BARRASSO, Wyoming, Chairman
JAMES M. INHOFE, Oklahoma THOMAS R. CARPER, Delaware,
SHELLEY MOORE CAPITO, West Virginia Ranking Member
KEVIN CRAMER, North Dakota BENJAMIN L. CARDIN, Maryland
MIKE BRAUN, Indiana BERNARD SANDERS, Vermont
MIKE ROUNDS, South Dakota SHELDON WHITEHOUSE, Rhode Island
DAN SULLIVAN, Alaska JEFF MERKLEY, Oregon
JOHN BOOZMAN, Arkansas KIRSTEN GILLIBRAND, New York
ROGER WICKER, Mississippi CORY A. BOOKER, New Jersey
RICHARD SHELBY, Alabama EDWARD J. MARKEY, Massachusetts
JONI ERNST, Iowa TAMMY DUCKWORTH, Illinois
CHRIS VAN HOLLEN, Maryland
Richard M. Russell, Majority Staff Director
Mary Frances Repko, Minority Staff Director
C O N T E N T S
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Page
SEPTEMBER 11, 2019
OPENING STATEMENTS
Barrasso, Hon. John, U.S. Senator from the State of Wyoming...... 1
Carper, Hon. Thomas R., U.S. Senator from the State of Delaware.. 3
WITNESSES
Clay, Hon. William Lacy, U.S. Representative from the State of
Missouri....................................................... 5
Skipwith, Aurelia, nominee to be Director, U.S. Fish and Wildlife
Service........................................................ 7
Prepared statement........................................... 10
Response to an additional question from Senator Barrasso..... 14
Responses to additional questions from:
Senator Carper........................................... 15
Senator Booker........................................... 29
Senator Cardin........................................... 31
Senator Cramer........................................... 32
Senator Gillibrand....................................... 34
Senator Markey........................................... 36
Senator Merkley.......................................... 40
Senator Sullivan......................................... 42
Senator Whitehouse....................................... 43
Senator Wicker........................................... 47
Lemos, Katherine, nominee to be Chairperson and Member, U.S.
Chemical Safety and Hazard Investigation Board................. 49
Prepared statement........................................... 51
Responses to additional questions from:
Senator Barrasso......................................... 54
Senator Carper........................................... 56
Response to an additional question from Senator Merkley...... 60
Responses to additional questions from Senator Whitehouse.... 60
ADDITIONAL MATERIAL
Trump conservation pick triggers question of `favoritism or
connections,' by Emily Holden, The Guardian, December 20, 2018. 140
HEARING ON THE NOMINATIONS OF AURELIA SKIPWITH TO BE DIRECTOR OF THE
U.S. FISH AND WILDLIFE SERVICE AND KATHERINE LEMOS TO BE MEMBER AND
CHAIRPERSON OF THE CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
----------
WEDNESDAY, SEPTEMBER 11, 2019
U.S. Senate,
Committee on Environment and Public Works,
Washington, DC.
The Committee met, pursuant to notice, at 10:13 a.m. in
room 406, Dirksen Senate Office Building, Hon. John Barrasso
(Chairman of the Committee) presiding.
Present: Senators Barrasso, Carper, Cramer, Braun, Rounds,
Sullivan, Boozman, Ernst, Cardin, Whitehouse, Gillibrand, and
Van Hollen.
OPENING STATEMENT OF HON. JOHN BARRASSO,
U.S. SENATOR FROM THE STATE OF WYOMING
Senator Barrasso. Good morning. I call this hearing to
order.
Today, we are going to consider the nominations of Aurelia
Skipwith to be the Director of the U.S. Fish and Wildlife
Service and Katherine Lemos to be a Member and the Chairperson
of the Chemical Safety and Hazard Investigation Board.
Ms. Skipwith has served as the Department of Interior's
Deputy Assistant Secretary for Fish, Wildlife, and Parks for
the past 2 years. In this role, she has helped to oversee both
the U.S. Fish and Wildlife Service and the National Park
Service.
In her new role as the Director of the U.S. Fish and
Wildlife Service, Ms. Skipwith will work closely with the
Assistant Secretary for Fish, Wildlife, and Parks, Rob Wallace,
with this Committee and who the full Senate recently confirmed
by voice vote. Ms. Skipwith will be in charge of managing fish
and wildlife for the American public. That includes combating
invasive species, recovering endangered species, protecting
migratory birds, restoring fisheries, and conserving and
enhancing wildlife habitat.
She earned a degree in biology from Howard University,
molecular genetics from Purdue University, and a law degree
from the University of Kentucky.
More than 80 groups and individuals have written in support
of Ms. Skipwith's nomination. Scott Vance, the CEO and
executive director of the Union Sportsmen's Alliance, whose
members include
[[Page 2]]
the Nation's most prominent unions, has written, ``We believe
it is vitally important that the next director of the Fish and
Wildlife Service not only possess strong leadership skills and
the ability to form public and private partnerships, but also
the education and critical decisionmaking skills required to
enact policies based on scientific principles free from
political and bureaucratic interference. Ms. Skipwith meets,''
as he says, ``and surpasses these qualifications, and we urge
you to approve her nomination.''
Dan Ashe, who was the former Director of the U.S. Fish and
Wildlife Service under President Obama and is now president and
CEO of the Association of Zoos and Aquariums, has noted, ``In a
field where diversity is sorely needed, it is encouraging to
see a woman and person of color nominated to this important and
prominent leadership position.''
Confirming Ms. Skipwith is important to the work of this
Committee. We have jurisdiction over fish and wildlife policy,
including the U.S. Fish and Wildlife Service.
Earlier this year, Congress enacted the WILD Act, Wildlife
Innovation and Longevity Driver Act, to combat invasive
species, prevent wildlife poaching and trafficking, to promote
wildlife conservation, and to protect endangered species. I
look forward to working with Ms. Skipwith to implement the WILD
Act.
The Committee also has oversight over the Endangered
Species Act. I have worked with the Western Governors'
Association, with State fish and wildlife agencies, with
conservation organizations, with ranchers, with farmers, and
energy producers, to update the Act so that it works better for
species and for people. I look forward to working with Ms.
Skipwith on modernizing this important law.
President Trump has also nominated Katherine Lemos to serve
as Member and Chairperson of the Chemical Safety and Hazard
Investigation Board. Dr. Lemos has substantial experience in
the fields of incident investigation, accident reconstruction,
safety engineering, and human factors.
She has demonstrated strong leadership in these areas at
the National Transportation Safety Board, at the Federal
Aviation Administration, at Northrop Grumman, and in academia.
Her knowledge and background make her a strong candidate to
lead the Chemical Safety Board in its mission to investigate
industrial chemical accidents.
The former Executive Director and current Deputy Executive
Director of the Federal Aviation Administration's Accident
Investigation and Prevention Office has written in support of
Dr. Lemos' nomination: ``As a consummate safety professional
with the ability to adapt and apply her knowledge across
domains, her tenacity, and her leadership skills in engaging
and drawing every resource, Katherine is the ideal candidate
for this role.''
Getting her confirmed is a priority. In December of this
year, the Chemical Safety Board will be down to one member. I
have called on the Administration to fill both current and
future vacancies at the agencies, and I do so again. We cannot
allow the agency to lose its quorum.
I look forward to hearing both of our nominees' testimony.
I will now turn to Ranking Member Carper for his statement.
[[Page 3]]
OPENING STATEMENT OF HON. THOMAS R. CARPER,
U.S. SENATOR FROM THE STATE OF DELAWARE
Senator Carper. Thanks, Mr. Chairman.
Welcome, one and all.
I am especially happy to see Congressman Clay with us this
day. Thank you so much for coming. We know you are busy. Once
you have finished your introduction, if you would like to spend
the next 3 hours with us, that would be great. If you decide
you want to go back to work, we will understand that, too.
[Laughter.]
Senator Carper. I had a chance to meet the family members
for both of our nominees, and it is a real pleasure to meet
spouses and fiances and mothers and aunts and even some sisters
in the house. We are glad you all could make it.
Was your father Bill Clay? OK, I served with your dad, and
it was a real honor, and I know he is very proud of you, very
proud of you.
Dr. Lemos, you pronounce your name Lemos, not Lemos, right?
Lemos?
Ms. Lemos. Yes.
Senator Carper. OK, like in lemon.
Ms. Lemos. Yes, sir.
Senator Carper. Dr. Lemos has been nominated to serve on
the Chemical Safety and Hazard Investigation Board, an
independent Federal agency that's charged with investigating
industrial chemical accidents. The board has investigated
everything from the BP oil spill to fatal refinery accidents to
chemical explosions caused by flooding during, I think it was
Hurricane Harvey. Regrettably, though, President Trump has not
treated this important agency with the respect that its mission
deserves. In fact, the President's budget proposals have
repeatedly called for the board's elimination.
Moreover, Dr. Lemos is the first nominee to the board we
have seen during this Administration, if I'm not mistaken.
While I am encouraged that Dr. Lemos appears to be a well
qualified nominee, it is my hope that she can assure the
Committee of her strong commitment to both the board's mission
and to its budget.
I also hope to learn more about the Trump administration's
support for additional board nominations or renominations since
the terms of its current board members will all expire in the
next year or so.
I want to say just as a side note, we face a situation
where this President, this Administration has not been a real
supporter for another agency called the Economic Development
Administration, that we think--most of us, Democrats and
Republicans--think, serves a vital role. But they nominated
somebody to head the agency who actually is a former
Congressman; he is a doctor, but he is a former Congressman.
And he had as a Congressman voted repeatedly to de-fund the
Economic Development Administration. And then this President
nominated him to head that agency. And we have a situation here
where this Administration has also called for basically de-
funding the panel, the commission that you would be nominated
to lead. And Dr. Fleming's changed his mind, since he has been
confirmed to head up EDA. He thinks it is a good organization,
and he is trying to make it better.
[[Page 4]]
I think one of the things for you is that we need to hear
from you your strong commitment to actually not just keeping
this entity alive but also to actually make it stronger and
better. So we are going to be looking to you for that.
I want to just set that aside and say to, with regard to
Ms. Aurelia Skipwith has been nominated, as we know, to lead
the U.S. Fish and Wildlife Service, our Nation's oldest Federal
conservation agency. The Service is responsible for enforcing
wildlife protection laws, restoring habitat, and assisting
foreign governments with international conservation efforts.
In Delaware, the First State, we take great pride in our
two national wildlife refuges, as we spoke about yesterday,
which are home to threatened and endangered species, including
the piping plovers, the red knot, and others. These two
migratory birds attract literally thousands--maybe tens of
thousands--of visitors to our State every year. They come from
all over the world. The national wildlife refuges are not just
a source of pride for Delawareans, they are a source of
economic prosperity and I think pride for our Nation.
Unfortunately, over the last couple of years, the U.S. Fish
and Wildlife Service has taken actions that jeopardize our
Nation's wildlife, despite widespread opposition. The
Administration recently finalized regulations that will
dramatically alter implementation of the Endangered Species
Act, one of our Nation's most popular and actually most revered
environmental laws. These regulations could undermine the
Service that is supposed to both underpin and drive species
protection decisions.
In 2017, this Administration also adopted an unprecedented
legal opinion relative to the Migratory Bird Treaty, a stance
that every former top Department of Interior official since
President Nixon's administration, both Republican and Democrat
alike, has vehemently opposed. Now, the Department in which Ms.
Skipwith currently serves is pursuing regulations to codify
this controversial bird Migratory Treaty Act opinion.
Meanwhile, the Trump administration has also been rushing
down what many Americans regard as a misguided path to develop
our Nation's public lands, particularly in the Arctic National
Wildlife Refuge, and in core sage grouse habitat, at the
expense of a thorough public process, transparency, and
science.
Ms. Skipwith, as our Committee considers your nomination, I
hope you will clearly convey a willingness to revisit some of
these troubling policy decisions.
Let me end with this. Thank you so much for visiting with
me yesterday, both of you; thank you for visiting with me, Dr.
Lemos, a couple of weeks ago. Almost 2 weeks ago, on August
29th, I sent Ms. Skipwith a letter, we talked about this
yesterday, asking her to provide answers about her interests
with former employers and the extent to which she's tried to
avoid potential conflicts of interest.
And again, we met yesterday; I appreciate that. I told her,
I told you how disappointed I was that less than 24 hours
before your confirmation hearing, I still had not received a
response to the letter that I had sent almost 2 weeks ago. We
had that conversation yesterday. Last night, just hours before
the hearing, we finally re
[[Page 5]]
ceived a response. I am told the response is incomplete. That
is just not acceptable.
I sincerely hope that it is not an indication of how you
would respond to future legitimate inquiries from members of
this Congress, be they Democrat or Republican or Independent,
should you be confirmed.
Part of our responsibility on this Committee, on the
Environment and Public Works Committee, is to conduct oversight
over the executive branch of our Government, and that includes
the U.S. Fish and Wildlife Service. We need your cooperation in
order for us to meet our responsibilities under the
Constitution. Should you be confirmed, I hope we will have it.
Thank you again for joining us today. We look forward to
hearing from both of you for your testimonies, and right now,
we look forward to hearing from our friend Lacy Clay.
Welcome.
Senator Barrasso. Thank you very much, Senator Carper.
You are absolutely right, we are grateful to be joined
today by Congressman William Lacy Clay, who will introduce, in
a second, Ms. Skipwith. Congressman Clay represents Missouri's
First Congressional District, based in St. Louis. You will
note, if you Google L-A-C-Y, it immediately goes to Lacy Clay.
It doesn't go to Carper, it doesn't go to Barrasso, like I
said, it goes right to Lacy Clay.
[Laughter.]
Senator Barrasso. So that is quite a distinction.
We want to thank you for taking the time to be here today,
to join us. Please proceed.
STATEMENT OF HON. WILLIAM LACY CLAY,
U.S. REPRESENTATIVE FROM THE STATE OF MISSOURI
Representative Clay. Thank you, Mr. Chairman and Ranking
Member Carper. Thank you for allowing me to come before you
today.
And as an aside, Senator Carper, yes, I did succeed my
father, Bill Clay, 18 years ago. He and my mom live happily in
Senator Cardin's great State of Maryland.
Senator Carper. Please give him my best.
Representative Clay. I will.
Senator Carper. Tell him I said the apple didn't fall too
far from the tree.
[Laughter.]
Representative Clay. This morning, I have the honor to
present for your consideration a remarkable American woman, who
has been nominated to serve as the new Director of the U.S.
Fish and Wildlife Service, my highly talented constituent, Ms.
Aurelia Skipwith.
Welcome, Aurelia, to you and your family who are here with
us today.
To state the facts plainly, Ms. Skipwith is one of the most
talented, hardest working, and driven persons that I have ever
known.
Allow me to share with you a bit of information about her.
Ms. Skipwith grew up in Indianapolis, Indiana, and first
attended Morehead State University in Kentucky. While there,
she was
[[Page 6]]
awarded a full scholarship to attend Howard University, one of
our Nation's top historically black universities, where she
graduated with a bachelor's degree in science. As you are
aware, that science degree satisfies the requirement for
appointment to this vital position in the Administration.
Ms. Skipwith went on to attend Purdue University, where she
earned a master's degree in animal sciences, with an emphasis
on molecular genetics. In 2005, she became my constituent when
she and her family moved to St. Louis, where her family still
resides.
I first met Ms. Skipwith in 2008, while she was employed as
a scientist at Monsanto, which is now Bayer.
While employed at Monsanto, Ms. Skipwith excelled. She was
awarded the Monsanto Sustainable Pledge award for her
groundbreaking crop research. Ms. Skipwith was also recognized
by the Missouri State legislature as a global leader in
advancing sustainable agriculture.
Ms. Skipwith also won the Monsanto Global RGGI award for
her extensive work to help feed the world by developing a new
soybean that contained less saturated fatty acids.
After 8 years in St. Louis, she moved to the University of
Kentucky's College of Law, and became the President of the
International Law Society and was the Vice President of the ONE
Campaign, which focuses on fighting poverty and preventable
diseases in Africa.
She and I reconnected again in DC. Over the last several
years, I have worked closely with her on important issues, and
I can tell you that she cares. She listens, and she works hard
for the American people.
Ms. Skipwith has some tremendous value at the Department of
Interior. Most recently, she was designated by the Secretary of
the Interior to represent the Administration at a truly
historic moment in St. Louis, the induction of the historic
Shelley House as the first unit in Missouri to be included on
the new African American Civil Rights Network. The African
American Civil Rights Network is an important new National Park
Service asset established by legislation that I authored in the
U.S. House.
For those of you who may not know the history, the Shelley
House was at the center of the landmark 1948 U.S. Supreme Court
decision, Shelley v. Kraemer, which outlawed restrictive
housing covenants across this country. This case stood for the
principle that equal protection under the law applied to
housing and included the rights to acquire, enjoy, own, and
dispose of property. The Shelley case was a heartening signal
for African Americans in St. Louis and across the country that
positive social change could be achieved through law and the
courts.
Ms. Skipwith worked closely with my staff and other members
of the Congressional Black Caucus, preservationists, and civil
rights advocates, to make the African American Civil Rights
Network a reality. She took a personal interest and advocated
for the network, knowing its impact on future generations and
the importance of all aspects of the American experience being
told.
I think that it is fitting that Ms. Skipwith was chosen to
represent the Administration on that historic occasion because
her nomination that you are considering today offers the U.S.
Senate
[[Page 7]]
another historic opportunity for progress and equality. If
confirmed, Aurelia Skipwith would become the first African
American to head the U.S. Fish and Wildlife Service. This is a
historical nomination.
Ms. Skipwith is what we call in our community a true
success story. We encourage our little black girls to take the
road less traveled and embrace science, technology,
engineering, and math, a field that is male dominated.
Ms. Skipwith embraced the challenge and found tremendous
success. I am proud to be with her and her family today and
providing today's introduction, as she is the embodiment of
what we instruct our children to do and be: educated, hard
working, excelling in their designated profession, and
contributing good to the world.
I, along with the citizens of Missouri's First
Congressional District, am proud to present one of our own. I
respectfully request your favorable consideration and
confirmation for this exceptional nominee, improving public
service.
I thank the Committee for your gracious time this morning.
Senator Barrasso. Well, thank you so very much, Congressman
Clay, for this wonderful introduction of an incredible nominee.
We know you have pressing responsibilities and duties in the
House. You are welcome to stay as long as you like. We are
grateful for the time you are here.
Representative Clay. I am sure Speaker Pelosi is looking
for me.
[Laughter.]
Representative Clay. Thank you so much.
Senator Barrasso. Thank you.
Now I would like to welcome our nominees to come forward
and take your seats.
We have joining us Aurelia Skipwith, who is the nominee to
be Director of the U.S. Fish and Wildlife Service, and
Katherine Lemos, who is the nominee to be the Member and
Chairperson of the Chemical Safety and Hazard Investigation
Board.
I want to remind both of you that your full written
testimony will be made a part of the record. We look forward to
hearing that testimony. We like to start, if we may, with an
introduction of the family with each of the nominees.
With that, we will go first to Ms. Skipwith and then to her
testimony, and then to Dr. Lemos to introduce her family and
her testimony.
Ms. Skipwith, please proceed.
STATEMENT OF AURELIA SKIPWITH, NOMINEE TO BE DIRECTOR, U.S.
FISH AND WILDLIFE SERVICE
Ms. Skipwith. Thank you very much, Chairman. It is an honor
to be here today, and I am so excited that my family is here,
so I will quickly do an introduction.
I have my Aunt Sally, who came from Columbus, Mississippi.
Next to her is my mom, Lily Skipwith.
Senator Carper. Could I ask, just raise your hand as you
are introduced, please.
Ms. Skipwith. My sister, Angel Waray, from St. Louis,
Missouri. My Aunt Kathy from Sugarland, Texas. My Aunt Vonda
Kay from Sugarland. Ms. Altamese Thompson from Indianapolis,
and then I
[[Page 8]]
have my Aunt Brenda and Uncle Eugene from Columbus,
Mississippi. And then in the back, I have my fiance, Leo
Giacometto.
Senator Carper. Would your mother raise her hand again,
your mom?
Senator Barrasso. Mom's in the right, there.
Senator Carper. Thank you. I said earlier when we were
talking to the nominee's family, I said I will be watching your
mother to see if her lips move when her daughter speaks.
[Laughter.]
Senator Barrasso. Please proceed with your testimony.
Ms. Skipwith. Chairman Barrasso, Ranking Member Carper, and
members of the Committee, it is an honor to be here today as
President Trump's nominee to be Director of the U.S. Fish and
Wildlife Service. I am deeply appreciative of Secretary
Bernhardt's confidence in me. Today, I am requesting your
support for my nomination.
I want to acknowledge my mother. She has always been my
cheerleader. My fiance, my sister, my aunts and uncle, and the
dear friends that have come here today to show their support. I
want to thank Congressman Lacy Clay, who was my Congressman for
many years, for that introduction. It means a lot to me,
because I still call Missouri home, and I still have properties
there today.
My mother picked cotton on her way to college to become one
of the first black women to graduate from The W in Columbus,
Mississippi. Today, she continues to work as a public school
teacher in Indianapolis. And my father, who right out of high
school, during the Vietnam war, joined the Navy and retired as
an Army Master Sergeant with 34 years of service.
My respect for the outdoors and wildlife began at an early
age. My summers were spent in Mississippi where I helped my
grandpa on the hog farm, in his garden, and with the hunting
dogs. I began my college in Kentucky at Morehead State, where I
studied animal science. But it was my time at Howard University
that exposed me to biological research, and that spurred my
intrigue to discover and test new technologies, to challenge
the status quo, and to bring forth new, innovative technologies
to better our world. That desire continued as I earned my
master's degree in Molecular Biology and Genetics from Purdue
University.
In the private sector, I led teams to develop new crops to
improve productivity for farmers, environmentalists, and
consumers around the world. I love biology and science, and I
learned a lot from being in the lab and being in the field.
However, I grew to recognize that one may have the best
intentions and the best available science, but without fair and
balanced regulations and laws, one's future can be stifled. I
saw those stifling effects first hand when managing a project
to develop new corn to address the drought in Africa. I knew
what I needed to do. I went to the University of Kentucky to
pursue my law degree.
After graduating, I was the legal advisor for an all
natural animal nutrition company, responsible for the research,
development, and the approval of their first all natural
pesticide. I understand the necessary balance of natural
resources among various user groups and that conservation is at
the core of it all. That is what led me here today.
[[Page 9]]
As Deputy Assistant Secretary for Fish, Wildlife, and
Parks, I have had the pleasure to work with the Service's
finest professionals. That, with my past, has prepared me well
to lead the U.S. Fish and Wildlife Service. I view the 567
refuges within the Service as our Nation's crown jewels. They
are stopovers in flyway zones, home to endangered species, and
they are places where people can hunt, fish, and recreate.
The Service and I are committed to align the Endangered
Species Act with the letter of the law, providing transparency
and consistency in actions from the public and from our Federal
partners. More than 60 percent of the lands in the United
States are privately owned, both inland and coastal. It is a
priority of mine to work with the private landowners and
States, so that lands stay productive for all the species and
for the people that own them. By bridging the gap with workable
solutions, as well as leveraging the expertise of others, we
can accomplish so much more.
This is truly an exciting time to lead the path forward. I
will continue to have my open door policy, to hear all sides in
order to make an informed decision. That decision will be based
on the best available science, within the realm of the law, all
intertwined with common sense.
My mom taught me that it didn't matter where you started
from, but it mattered where you were headed. She made sure that
my education was a big part of that, and instilled in me to go
further after what I believed was right. And my father taught
me about service to our country and implanted structure and
accountability. With these teachings at the forefront of my
mind, I sit here today, a product of the American dream.
I truly feel honored and humbled by this experience. And
the same time, it is motivating for me to seek the
responsibility and tradition of excellence that this role, as
Director of the U.S. Fish and Wildlife, demands. I am committed
to give my all.
Thank you.
[The prepared statement of Ms. Skipwith follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator Barrasso. Well, thank you so very much for that
testimony. I will tell you, your mom was taking copious notes,
and then she stopped and looked up with great pride and did
that for a while, then she wiped a tear from her eye. Thank you
for your wonderful testimony.
Ms. Skipwith. Thank you.
Senator Barrasso. Dr. Lemos, it is now your turn. Would you
like to introduce your family and then proceed with your
testimony?
STATEMENT OF KATHERINE LEMOS, NOMINEE TO BE CHAIRPERSON AND
MEMBER, U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
Ms. Lemos. This is Carlos Lemos, my husband, who came all
the way from California with myself. My father, John Curtis and
my mother, Laura Curtis. They came from Florida. And I am
thankful to say, many good friends who support me behind, who
have been supportive through all the many endeavors in my life.
Senator Barrasso. Welcome to all of you, and please
proceed.
Ms. Lemos. Thank you, Chairman Barrasso, Senator Carper,
and distinguished members of this Committee. It is an honor to
appear before you today as the President's nominee to be
Chairman and Member of the Chemical Safety and Hazard
Investigation Board. I am grateful to President Trump for the
confidence he has placed in me to lead the CSB through a time
of transition and change.
Mr. Chairman, the chemical industry is vital to our economy
and to our national well being. Maintaining integrity in our
chemical production, process, handling, and storage is
therefore essential to the health of our Nation.
The CSB's mandate is to investigate accidental chemical
releases at fixed facilities that result in a fatality, a
serious injury, or substantial property damage. Through the
course of investigations and conducting preventive research,
the CSB makes recommendations for improvement to a range of
stakeholders to prevent the likelihood of any future incident.
I am here today before you for three reasons. I am a safety
professional deeply committed to the well being of people and
of our environment. I believe the CSB has a critical role to
play in these safety outcomes, and because my experience and
objectives are in strong alignment with those required to lead
the CSB.
Prioritizing safety was a part of my childhood, and leading
this commitment was my father, behind me, a military pilot for
the Air Force and Air National Guard, and then a commercial
airline pilot for 35 years. When I started flight lessons at
the age of 14, he required--he mandated--that I subscribe to
and read and discuss with him the NTSB Monthly Reporter, where
they provided incidents and accidents, lessons learned, and
what went wrong.
Senator Barrasso. It was at the age of 14 he made you do
this?
Ms. Lemos. That is when I started flight lessons.
Senator Carper. Did most of your classmates in school also
read that publication?
[Laughter.]
Ms. Lemos. In my career, I have been privileged to work as
a safety leader across stakeholder domains and communities,
that
[[Page 50]]
provides me with an enterprise level perspective of safety. As
an academic, I studied new technology and decisionmaking in
high risk and in complex environments. I taught on the topics
of accident investigation, human factors engineering, and
safety management systems.
As a career Government employee for the NTSB, I first
served as an accident investigator on the front lines of
aviation safety. I also served as a Special Assistant to the
Vice Chairman of the Board, supporting review and critical
decisions on investigations and recommendations across
transportation domains. So on our launch to a pipeline
explosion in Mississippi, that was instrumental to my
appreciating and understanding the similarities across domains
in terms of accident investigation, human factors, safety and
risk management, and the long lasting impact of catastrophic
events. They go across domains.
As a career Government employee for the FAA, I served as
the regulator in analyzing, developing, and implementing
policy, as well as monitoring the outcomes. That provided me a
unique experience in visualizing and quantifying the entire
life cycle of events, from research to design, prototype
testing, engineering, manufacturing, and on to implementation
and sustainment.
Now in industry, I am an executive charged with balancing
competing pressures for multiple programs, developing and
delivering the quality products and systems that perform as
promised, on schedule, within budget, but above all, safely.
Taken together, my combined experiences across the safety
landscape allows me to be effective at promoting and ensuring
the balance needed and brought by each stakeholder.
Mr. Chairman, if confirmed, I look forward to working with
you to enable and empower the CSB to fulfill its mission to
prevent chemical accidents and maintain the trust and
confidence in the public that we serve. If confirmed, I commit
to leading the agency by example, holding myself accountable,
as well as each employee, to you and the American public, in
delivering objective, thorough, actionable, timely
investigative reports to protect workers and our communities.
If confirmed, I pledge to work in a collaborative manner
with board members, staff, stakeholders, and this Committee to
enhance the safety culture of the entire chemical industry.
Thank you for your time and consideration, and I look
forward to answering your questions today.
[The prepared statement of Ms. Lemos follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
[[Page 62]]
Senator Barrasso. Thank you very much for your testimony as
well. Your father looked on with great pride, and was shaking
his head up and down with a big smile the whole time.
Throughout this hearing, and with questions for the record,
the Committee members are now going to have an opportunity to
learn more about the commitment of both of you to public
service, and to the great Nation that we have. So I am going to
ask that throughout this hearing, you please try to respond to
the questions today, and then some members who may not be able
to be here or stay through the whole hearing may ask questions
in writing.
We do have a series of votes that are going to start in
about 20 minutes, so there may be members coming and going,
just so you will notice, if you see people leaving, that they
are going to vote and then come back if necessary.
So I have to ask the following questions that we ask of all
nominees on behalf of the Committee. Do you agree, if
confirmed, to appear before this Committee or designated
members of the Committee and other appropriate committees of
the Congress, and provide information, subject to appropriate
and necessary security protection, with respect to your
responsibilities?
Ms. Skipwith. Yes.
Ms. Lemos. Absolutely, yes.
Senator Barrasso. Do you agree to ensure that testimony,
briefings, documents, and electronic and other forms of
information are provided to this Committee and its staff and
other appropriate committees in a timely manner?
Ms. Skipwith. Yes.
Ms. Lemos. Yes.
Senator Barrasso. Do you know of any matters which you may
or may not have already disclosed that might place you in any
conflict of interest if you are confirmed?
Ms. Lemos. No.
Ms. Skipwith. No, I do not.
Senator Barrasso. OK. So now I am going to begin with a
round of questions, and then we will go back and forth between
different members of the Committee.
Let me start with Ms. Skipwith, if I could start with you.
This Committee has led the enactment of something called the
WILD Act, which stands for Wildlife Innovation and Longevity
Driver Act. The WILD Act established the Theodore Roosevelt
Genius Prize. These are prizes, it is a series of cash prizes
to be awarded each year for technological innovation in
wildlife conservation and in the management of invasive
species.
I believe that technology and technological innovation can
solve some of our most challenging wildlife problems. That
seems to be the reason that you went on to get that master's
degree in the first place.
Ms. Skipwith. Exactly.
Senator Barrasso. So whether it is addressing the threat of
invasive species, combating wildlife trafficking. So if
confirmed as Director of U.S. Fish and Wildlife, will you
commit to prioritizing implementation of the Theodore Roosevelt
Genius Prizes in order to stimulate technological innovation in
both wildlife conservation and in invasive species management?
[[Page 63]]
Ms. Skipwith. Senator, if confirmed, I look forward to
working with you and your office to prioritize the
implementation. What I will also add to that is, I commend the
Committee for the passage of the WILD Act and the
implementation is a priority at the Department. Already,
Secretary Bernhardt has issued a secretarial order in order to
facilitate a timely implementation.
Senator Barrasso. Good.
Dr. Lemos, this Committee strongly supports the mission of
the Chemical Safety Board. Would you share with us your
commitment to this agency and its values? Additionally, would
you commit to fulfilling the 5 year term, if confirmed?
Ms. Lemos. Thank you, Senator. Yes, I am fully committed to
the mission of the Chemical Safety Board, as in promoting and
driving chemical safety change. The reason that I am interested
and that I am here today is because I know that I can make a
difference, and I am committed to making that difference and
providing the stable and consistent leadership that is
requested of me and needed by this agency.
If confirmed, I intend to serve the entire, full, 5 year
commitment.
Senator Barrasso. Thank you.
Ms. Skipwith, Wyoming is no stranger to the challenges that
States face when courts intervene in conservation decisions.
Despite Fish and Wildlife Service's best efforts, both this
Administration and the Obama administration, and the Bush
administration, it took years to de-list the gray wolf in
Wyoming and to return it to State management following a full
recovery of the species. As you know, the courts have now
forced the grizzly bear to be relisted in spite of the efforts
of Fish and Wildlife.
In your opinion, does it hurt State and local recovery
efforts if courts prevent or delay the de-listing of species
that Fish and Wildlife clearly says are recovered?
Ms. Skipwith. Senator, thank you very much for that
question. The science shows that the grizzly bear and the gray
wolves are biologically recovered. To reach that status, it
employs working with States, working with private landowners
and other organizations to reach that goal. That is truly a
success of the Endangered Species Act.
Knowing that those species are still on the list, that ends
up directing resources to work on that instead of focusing on
imperiled species that really need recovery efforts.
Senator Barrasso. So when the courts intervene, to overdo
what you have done, what the agency has done, that is
detrimental to recovery of other species as well as to the
States where those species are?
Ms. Skipwith. Yes, Mr. Chairman, it does.
Senator Barrasso. Dr. Lemos, the Chemical Safety Board is
an independent Federal agency charged with investigating
industrial chemical accidents. Please explain how your past
work at the National Transportation Safety Board, the Federal
Aviation Administration--you talked about your license at age
14, and the journal that you were reading to look into those
sorts of things that had to do with aviation, but how is your
past work there as well as
[[Page 64]]
your past work in academia and the private sector going to help
you succeed as Chair here, if confirmed?
Ms. Lemos. Thank you, Senator. Three things. First and
foremost, I have the leadership skills to move this agency
forward. If confirmed, this will be essential to my success as
Chair. Over the years, I have demonstrated success as a leader
in managing people, large programs, initiatives; but especially
those that required significant change management,
restructuring, and bringing together diverse groups of
stakeholders.
Equally important, I have the subject matter expertise that
is employed and used by the Chemical Safety Board, and I say
safety transcends domains. That specific expertise, again, is
in accident investigation and reconstruction, and human factors
engineering, and in safety management and risk assessments.
For example, at the NTSB, I was--in 2005, you might recall,
the Southwest Midway accident which overran the runway in
wintery conditions, led to the fatality, unfortunately, of a
young child. So I have hands on experience with this type of
work, and the process is the same.
Finally, if confirmed, my broader understanding of how the
safety community works together to be accountable to Congress
and the American people will help me to succeed as Chair.
Senator Barrasso. Senator Carper.
Senator Carper. In my conversations with both of you, and
your testimony today, Ms. Skipwith, you have mentioned that you
feel you should be guided by science. I think it is fair to say
that both of you feel that way.
My first question, I am going to ask a lot of yes or no
questions. I am going to start off with a yes or no question.
It is the same question for both of you. Do you agree with
the world's leading scientists, including those within the
Department of the Interior and the Environmental Protection
Agency, who have concluded that climate change is real and is
caused primarily by humans? Do you agree with that?
I am just looking for a yes or no, and if you can't say yes
or no, I will be very disappointed.
Ms. Lemos. Thank you, Senator.
Senator Carper. And I am not looking for a ``thank you,
Senator.'' I am looking for a yes or no. And it is a simple
question. Do you agree that climate change is real and is
caused primarily, not entirely, but primarily by humans? Just
yes or no.
Ms. Lemos. I can tell you yes to the first part.
Senator Carper. That is it, thank you.
Ms. Skipwith, your turn.
Ms. Skipwith. Yes, I believe in climate change, and humans
have an impact.
Senator Carper. Thank you.
Ms. Skipwith, let's talk about the letter that I sent to
you 2 weeks ago. One of our jobs--as I said earlier, we are an
oversight committee. We do oversight over, among others, the
Environmental Protection Agency, Fish and Wildlife Service. For
us to do our jobs, occasionally we are going to be making
inquiries. Sometimes we do it in hearings. Sometimes we do it
in phone calls, sometimes we do it in letters. It is important
for us to receive timely responses.
[[Page 65]]
I have a letter that I sent to the previous Secretary of
the Department of the Interior like a year ago; I never got a
response. I think that is just unconscionable. I would never do
that if I were in a position like that.
Talk to us, and I am going to ask for the record, ask
unanimous consent, Mr. Chairman, to submit for the record the
letter I sent to you 2 weeks ago, and what I deem to be an
incomplete response. We had talked about this yesterday.
Would you just say a few words, and then we will move on to
the next question?
Ms. Skipwith. Yes, Senator, thank you very much for your
time yesterday. I appreciate the candid conversation that we
had.
I did provide a response in light of that conversation, and
look forward to providing that remainder.
Senator Carper. I don't mean to be rude, but can you just
commit to me today that I will have a full and complete
response within a week from today? Is that reasonable?
Ms. Skipwith. I will have to work with the Department of
the Interior to do a deeper dive.
Senator Carper. On what I am looking for, can you commit to
respond within a week? You have had 2 weeks already.
Ms. Skipwith. So I did respond to those, to the questions.
Senator Carper. I think those who are going to look at the
record are going to say that was not a complete response.
Ms. Skipwith. And I will, I am working with the Department
to provide the remainder, knowing that how much time that
letter was, it will take a deeper dive to work with the
Department to provide an appropriate response.
Senator Carper. Let me just impart, if I could, a sense of
urgency. I don't ask of people, I don't send an inquiry and ask
for a response in 2 or 3 days. I don't do that. I will give you
a couple of weeks, and I will ask you to do your best to,
within a week from today, to give me a complete response.
Thank you.
Senator Barrasso. Without objection, your letter will be
made part of the record.
[The referenced information follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
[[Page 70]]
Senator Carper. Thanks so much, Mr. Chairman.
Dr. Lemos, President Trump has repeatedly tried to
eliminate the Chemical Safety and Hazard Investigation Board.
Can you commit to supporting and defending both the board's
mission and at the least, its current budget?
Ms. Lemos. Thank you, Senator. Yes.
Senator Carper. I was going to ask some questions about the
Migratory Bird Act, but I think one of our colleagues from
Maryland is going to do that.
Ms. Skipwith, if I could, the Department of Interior does
not always give the Fish and Wildlife Service a seat at the
table in discussions about how the Department should manage
Federal lands, even when those management decisions impact
habitat for imperiled species. For example, Politico ran a
story, I think it was in July, 2 months ago, it was entitled
``How Science Got Trampled in the Rush to Drill in the
Arctic.'' The article describes in detail how fish and wildlife
experts have recently been excluded from decisionmaking with
respect to oil and gas leasing in the Arctic National Wildlife
Refuge.
I would ask unanimous consent, if I could, Mr. Chairman,
that that article be submitted for the record.
Senator Barrasso. Without objection.
[The referenced information was not received at time of
print.]
Senator Carper. Thank you.
Ms. Skipwith, you were working at the Department when this
occurred. I would just ask, why didn't you ensure that the Fish
and Wildlife Service experts were part of the process? I would
just ask that you commit to us today to ensuring that in the
future, the Service is included in important Department of
Interior conversations about leasing and energy development in
ecologically sensitive areas that are home to imperiled
species.
Ms. Skipwith. Senator, I am a biologist, and I am a
scientist. I believe in following the law. And that requires
that the best available science, along with the law, is used in
making decisions. So I will work with you and your office on
ensuring that the professionals are used in decisionmaking
processes.
Senator Carper. Good. Thank you.
Let me ask you a question. Well, I am about out of time.
Real quickly.
No, I am not going to ask the next question. I want to make
sure I have time for my colleagues to ask their questions. So I
will stop right there. We will have some more questions for the
record.
Thank you.
Senator Barrasso. Senator Cardin.
Senator Cardin. Thank you, Mr. Chairman.
I thank both of our nominees for their willingness to
serve, and we thank their families, because this is a family
effort. So we thank you for your willingness.
Ms. Skipwith, I want to start with you. The U.S. Fish and
Wildlife is critically important to the State of Maryland and
our region, Delaware, the Chesapeake Bay. Sixty percent of the
members of the panel right now are in the Chesapeake Bay
region. The Chesapeake Bay office in Annapolis, for the U.S.
Fish and Wildlife is a
[[Page 71]]
critical part of the compact reached between six States and the
District of Columbia.
Are you familiar with the Chesapeake Bay program?
Ms. Skipwith. A little bit, Senator.
Senator Cardin. I would just urge you to understand the
important role that the U.S. Fish and Wildlife plays there.
You already mentioned the issues in regard to the
Endangered Species Act on science as it relates to the gray
wolf and the grizzly. The Chairman asked you questions about
the court decisions, which at times I have disagreed with. The
court is trying to interpret the laws that Congress has passed.
And sometimes we don't do what we should be doing here in
Congress, leaving ambiguity to our courts.
You said that science dictated your views on that, and I
appreciate that. That is what I am looking for.
At times, we have to make tough decisions. We don't always
base all of our decisions on science, but we must have from the
U.S. Fish and Wildlife the science information in order to make
those judgments. At times, there will be political
considerations.
Are you prepared to shield yourself from the politics so
that we get from U.S. Fish and Wildlife the best information
based solely on the science?
Ms. Skipwith. Senator, when it comes to making listing
determinations and looking, it is based on what is the best
available science, and it is also operating within the law. So
if confirmed, I will continue that path of using the best
available science and operating within the law.
Senator Cardin. And will you commit to us that you will
always be judged in providing information to this Committee and
to the Members of Congress on science based upon what the
science indicates and not based upon political considerations?
Ms. Skipwith. Senator, thank you very much for that
question. And it is about looking at the science and still
making sure that it is within the realm and the
responsibilities of the Fish and Wildlife Service.
Senator Cardin. If you are, through the political
structure, coming from either the White House or above, there
is a direction that they want to go, but science indicates a
contrary position, are you prepared to say that you will at
least advise us as to what science tells is the right decision
in that regard?
Ms. Skipwith. Senator, one of the things, and if confirmed,
would be my responsibility, is to look at the science to make
my decisions and to make my recommendations based on that.
Senator Cardin. I am not sure that completely responds to
my question. I will ask that again for the record, and it would
be helpful to know that you are prepared to speak out on behalf
of science, which you have indicated is your passion,
recognizing that we will make the political decisions and there
will be political considerations. But we expect U.S. Fish and
Wildlife to call it the way science indicates. I am not----
Ms. Skipwith. I can commit to that, Senator, yes.
Senator Cardin. I appreciate that.
Ms. Lemos, I want to tell you, the work that you do is
critically important. We had an episode in Baltimore in
September of 2017
[[Page 72]]
with a chemical release that required people to shelter in
place for several hours. My question is basically, you don't
have any ability to enforce your recommendations. You make
recommendations, but you can't enforce your recommendations. So
you can't issue penalties; you can't issue regulations.
How do you go about making sure that your recommendations
are carried out?
Ms. Lemos. Thank you, Senator. I agree, the role of the
accident investigation board, whether it be in transportation
or chemicals, is to make sure that you are writing
recommendations that are relevant, you gain stakeholders' buy
in, you work with all the different parties. But when it comes
to ensuring--if you are speaking about regulations, or
recommendations in general, that is a process you work with
Congress. The agencies are held accountable, or any of the
folks that we write recommendations to. We have a system of
following up on those recommendations, how many are closed, how
many closed or open are acceptable. So that is the method by
which we can account for that.
But when it comes to having an authoritative arm, no, we
are not the authority. We are not writing the regulations, or
we are not actually enacting the changes by which people have
to adhere to.
Senator Cardin. I want to ask you one more question, if I
might. In response to Senator Carper, you indicated you believe
that climate change is real, but you qualified that not human
behavior is a major factor toward climate change. Do you want
to explain that? You don't have to say yes or no, but explain
to me why you believe the emissions of carbon that we have done
is not accelerating the climate problems.
Ms. Lemos. Thank you, Senator, for giving me the
opportunity to explain. I am fully aware that as humans, we
contribute to the climate change in many ways. The degree to
which climate science, or climate is changing--I am not a
climate scientist. I am a social scientist, and I am a strong
supporter of science. I read more and more every day on this
topic.
But in terms of making a conclusive statement about the
degree to which the human contribution is influencing it, I
will leave that to the people who are the climate scientists.
That is my perspective.
Senator Cardin. I would just point out then, when you look
at the climate scientists--I will leave it at that. I am a
little bit confused by that answer, but I respect the fact that
neither you nor I are climate scientists.
Thank you.
Senator Barrasso. Thank you, Senator Cardin.
Just to point out, Wyoming Stock Growers Association has
written regarding Ms. Skipwith that, ``It is important that the
next Director of the U.S. Fish and Wildlife Service not only
possess strong leadership skills, but also the education and
experience required to enact policies based on scientific
principles, free from political and bureaucratic interference,
and Ms. Skipwith meets and surpasses these qualifications.''
Without objection, that will be submitted for the record.
[The referenced information follows:]
[[Page 73]]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
[[Page 74]]
Senator Barrasso. Senator Whitehouse.
Senator Whitehouse. Thank you, Chairman.
Ms. Skipwith, you are not a prolific campaign donor,
political campaign donor.
Ms. Skipwith. Senator, no, I am not.
Senator Whitehouse. You were appointed for this position on
July 17th of this year.
Ms. Skipwith. Yes, Senator, that is correct.
Senator Whitehouse. Two days later, on July 19th, you
reported a $5,600 campaign contribution to Donald Trump for
President. You had to report all your donations in a 10 year
period. That is the only one. It occurred 2 days after your
appointment.
Can you explain the circumstances of that, and specifically
any and all contacts or conversations you had with anybody from
the Trump administration or the Trump campaign related to that
contribution?
Senator Barrasso. Could I point out to the Senator, she was
nominated actually in the previous Senate as well, prior to
this?
Senator Whitehouse. I'm sure the record will make that very
clear. But this statement says her nomination date was July
17th, and it was.
Ms. Skipwith. That is correct, Senator. I made a
contribution to the Administration and support what this
Administration is doing.
However, as stated, I was nominated in the prior Congress,
and I was nominated before that contribution.
Senator Whitehouse. And to the part of my question that
asked about any contacts between you and the Administration or
the Trump campaign regarding contributions.
Ms. Skipwith. There is no contact except for----
Senator Whitehouse. Nobody asked, nobody suggested? Nobody
pointed out that you had not contributed? You just
spontaneously made that contribution on July 19th?
Ms. Skipwith. I did.
Senator Whitehouse. Fair enough.
Do you understand that the rot runs pretty deep in the
Trump administration when it comes to environmental and public
health protections and regulatory agencies, that they are quite
often handed over to the industries that they ought to be
regulating? And mind you, EPA has become effectively a captured
tool of the fossil fuel industry and is no longer doing its job
to protect the public.
You have worked many years for Monsanto. Can you give us
assurances here that as Director, you will be the Director for
the people of the United States and all of their interests, and
not the Director for Monsanto or for other polluting or
extracting interests?
Ms. Skipwith. So, Senator, I have been at the Department
for over 2 and a half years. When I first came on board, I
worked very closely with our ethics office, and to this day, I
still work closely with the ethics office to ensure that there
are no conflicts of interest. And in my role today, I am
working for the American people. And if confirmed as Director,
I will continue to work for the American people.
Senator Whitehouse. In that case, I wish you well.
Senator Barrasso. Senator Sullivan.
[[Page 75]]
Senator Sullivan. Thank you, Mr. Chairman, and Ms.
Skipwith, thank you, and our other nominee, for your desire to
serve your country. It is not always easy. I appreciate your
willingness to do that, and appreciate your families'
willingness and support to be here. These are always--these are
positions that sometimes can be challenging, and we need good
people.
So I want to thank both of you, because it is not easy.
Even going through this Senate confirmation, my good friend,
Senator Whitehouse, as always, has probing questions. I
appreciate--I think we all appreciate--your direct answers. I
was going to try to counter some of those, but I don't think
there is a need.
So I am going to start with something that actually he and
I are working on quite a lot, you and I talked about it
together yesterday in a meeting in my office, this issue of
oceans and cleaning up our oceans. Senator Whitehouse and I
have legislation that passed last year, the President was very
supportive, called the Save Our Seas Act. That is all about
ocean debris. And now we have legislation called the Save Our
Seas Act 2.0 that the Trump administration has been supportive
of.
So to the extent you can, I would like to get your
commitment, again, you're not fully having jurisdiction over
the oceans, but you do have some. And to the extent you can,
can you commit to work with this Committee, with me, with the
Chairman, with Senator Whitehouse, on this important issue of
not just our legislation, Save Our Seas 2.0, but working to
clean up and maintain healthy oceans for America and the world?
Ms. Skipwith. Senator, it was a pleasure to meet with you
yesterday and to discuss this very important topic. I commend
you and Senator Whitehouse for introducing that, and look
forward to working with the both of you and the rest of this
Committee to move it forward.
Senator Sullivan. Great. I believe we are going to have a
markup on that legislation here, Mr. Chairman, in a couple of
weeks. We look forward to moving it forward to get it in front
of the Trump administration.
Senator Whitehouse. I hope we have a date.
Senator Sullivan. I think we have a date from the Ranking
and Chairman, so thank you, gentlemen.
Good. We look forward to working with you on that.
I want to talk a little bit about my State, which
unfortunately some of my colleagues like to talk about my State
as well. I always encourage them to stay focused on their
States. They have a lot to do with their own States. My State
is the great State of Alaska, which always seems to get a lot
of attention in this Committee.
And it should, because it is a great State. But we are a
unique State. The U.S. Supreme Court just came out with a very
big opinion about 4 or 5 months ago called Sturgeon v. Frost.
It was an interpretation of the Alaska National Interest Lands
Conservation Act, what we refer to in Alaska as ANILCA, a 9 to
0 opinion written by Justice Kagan. Huge for my State, that
essentially says--not essentially, it did say--Alaska is
unique, Alaska is different, and the Congress has stated that
many times in ANILCA, and in other Federal statutes.
[[Page 76]]
This is important, because we have a different striking of
the balance between conservation and environmental issues and
the need to actually develop our economy, which unfortunately,
a lot of people in this building don't remember, that is
something that is important in Alaska.
Can you commit to me and working with me and this Committee
to looking at ways in which, given the Sturgeon v. Frost, a 9
to 0 Justice Kagan opinion looking at new regulations to reset
the way in which Federal agencies like the Fish and Wildlife
Service look at Alaska lands under ANILCA, with a new
regulatory package or another way in which to implement that
very, very important Supreme Court case, which essentially said
Federal agencies, Democrat and Republican Federal agencies,
have been treating Alaska wrongly under the law, and Alaska is
unique under ANILCA, and there needs to be a reset.
This is Justice Kagan saying this. Can you commit to work
with me on this issue, Ms. Skipwith?
Ms. Skipwith. Senator, I am familiar with that case, and I
commit to working with you and your office to figure out a path
forward and looking at what regulations to align with what the
court cases says.
Senator Sullivan. Great. Thank you very much.
Let me ask one final question. It is again a bit of a
unique Alaska issue, particularly in southeast Alaska. We have
a growing problem with the sea otter population, which has
essentially exploded. And in many ways, harms the interests of
the communities in southeast Alaska, particularly our
fishermen. This is a problem that has been in the works for
years.
We need to coordinate Federal agencies, State agencies, key
stakeholders in Alaska, on a way in which to address this
growing problem. Can I get your commitment to work with me and
the Federal agencies to get to Alaska soon, but also to work
with us on convening other Federal agencies to help us with
this growing problem that is negatively impacting many, many
different stakeholder groups in Alaska?
Ms. Skipwith. Senator, I commit to that. I have heard from
you as well as from others about the impacts of the
overpopulation of the sea otters, and I look forward to working
with you on that, if confirmed.
Senator Sullivan. Thank you.
I again want to thank both of you. I look forward to
strongly supporting both of your nominations in this Committee
and on the floor of the Senate.
Thank you.
Senator Barrasso. Thank you very much, Senator Sullivan.
Before turning to Senator Van Hollen, we are in the middle
of a vote, and Senator Carper has gone. I have gone; Senator
Cramer will be acting in the Chair capacity until we return.
Senator Van Hollen.
Senator Van Hollen. Thank you.
Thank you, Mr. Chairman, and thank both of you for your
testimony.
[[Page 77]]
Ms. Lemos, I hadn't planned to ask you about this, but I
think your answers require it. Neither you nor I are medical
doctors, right?
Ms. Lemos. Correct.
Senator Van Hollen. But we would both agree that it has
been established that smoking cigarettes increases the chance
of lung cancer, right?
Ms. Lemos. Yes.
Senator Van Hollen. And your testimony is that you would
support the views of the scientific community with respect to
conclusions on climate change, right?
Ms. Lemos. Yes.
Senator Van Hollen. And isn't it the case that the
overwhelming majority of scientists believe that human activity
is the primary cause of climate change?
Ms. Lemos. The majority of that which I have read, yes.
Senator Van Hollen. OK. And I hope you will clarify this
for the record, because there is a great concern right now that
individuals like you, whose primary job is going to be to get
to the bottom of facts and apply the science, are going to fear
the politics when we want people focused on the science. So I
hope you will clarify all of that in your written responses.
So, Ms. Skipwith, thank you for your interest in serving.
As Senator Cardin mentioned, we have a great interest in
Maryland and in the other Bay States in protecting the
Chesapeake Bay. The Fish and Wildlife Service is a big part of
that.
We have two wildlife refuges in Maryland, Blackwater and
Elk Neck. We are going to be looking forward to working with
you. We have a bipartisan legislative proposal with Senator
Shelley Moore Capito, Senator Cardin, and myself, to authorize
more Fish and Wildlife grants to help protect the Bay. And I
just look for your commitment, if you get through the
nomination process, to work with us on that.
Ms. Skipwith. Yes, you have my commitment.
I also want to say, thank you very much. Last year, there
was the National Urban Wildlife Refuge Day. You sent over a
citation with Katherine Provost.
Senator Van Hollen. Yes.
Ms. Skipwith. It was absolutely wonderful to get that
recognition. That is something that we are doing across the
country, is really recognizing that engaging with those
audiences that are those nontraditional audiences, that is the
way to ensure that that conservation stewardship lasts beyond
just this generation.
So your support really means a lot. We look forward to
doing that again this year.
Senator Van Hollen. Thank you. I was pleased, I got good
feedback after that meeting.
So let me ask you about the Migratory Bird Treaty Act.
Because as you indicated in your testimony, one of your
missions is to protect the flyways and migratory birds. You
agree that the Migratory Bird Treaty Act is an important part
of that strategy, right?
Ms. Skipwith. I do believe, yes.
Senator Van Hollen. OK. So when we had the Deepwater
Horizon oil spill, the damages under that Act required BP and
others
[[Page 78]]
to pay $100 million in damages because of the mass killing of
migratory birds that was caused by that oil spill.
But the Department of Interior has since changed their
legal interpretation of the damages provisions. When I asked
Secretary Zinke about this, when he was still the Secretary, he
denied that the Department of Interior's reinterpretation of
the damage provisions of the MBTA meant that oil companies
would no longer be liable for damages for mass killings of
birds from oil spills.
That is not correct, is it? In other words, the
reinterpretation does mean that oil companies will no longer be
liable for the mass killing of migratory birds through oil
spills. Isn't that a fact?
Ms. Skipwith. So, Senator, with the Solicitor's opinion
that came out for the MBTA, it deals with the incidental take
of migratory birds. So there are other laws.
Senator Van Hollen. No, I'm asking you, we just want to get
the facts. I am talking about this treaty, right? Under this
treaty, isn't it a fact that the Department of Interior's
reinterpretation means that we will no longer be able to
collect damages against oil companies for the mass killing of
migratory birds caused by oil spills? Yes or no.
Ms. Skipwith. It is about the intentional versus incidental
take of migratory birds.
Senator Van Hollen. So, intentional, right? So what you are
saying is that unless BP intentionally created an oil spill
with the purpose of killing migratory birds, then we wouldn't
be able to collect damages? Right?
Ms. Skipwith. Then there would be, there would be recourse.
Senator Van Hollen. So the question is, why. Do you support
this reinterpretation, or do you want to work with us to modify
it? Because it seems a ridiculous result, that you have got an
important damage provision of that Act, you, meaning the
Department of Interior.
Ms. Skipwith. So, Senator, when looking at that
characterization that you just gave, the Department went back,
looked at what is the intent of the law, what is the history of
the law, and then looking at what are the different case laws
that came out of it. And there is a lot of ambiguity in that.
So when looking at what is the opinion that was written for
the Department to follow, if confirmed, it would be following
that Solicitor's opinion, in which we know that there are other
laws, such as the Endangered Species Act, there is also the
Bald and Golden Protection Act for others ways for----
Senator Van Hollen. Right, but you might have a mass
killing of birds that are not necessarily an endangered
species, then you're not going to be able to collect damages
under the Endangered Species Act, right? So that is why this
was an important tool.
Anyway, I will follow up. At least you answered the
question in a straightforward manner, which is that what the
Department of Interior did has made it impossible to collect
damages in the kind of scenario we saw under the Deepwater
Horizon oil spill. I think that that is a huge mistake.
Thank you, Mr. Chairman.
Senator Cramer [presiding]. Senator Gillibrand, you are
welcome to 5 minutes.
[[Page 79]]
Senator Gillibrand. Ms. Skipwith, the U.S. Fish and
Wildlife Service is one of the National Resource Trustees for
the Hudson River. As you may be aware, the EPA recently
finalized the certificate of completion for General Electric's
dredging of PCBs from the Hudson River.
The Fish and Wildlife Service has been on record raising
concerns about the continued ecological threat posed by PCBs
remaining in the river, and has called for additional
remediation to remove more of the remaining PCBs from the
Hudson. This is a view shared by the State of New York, and
there are real, legitimate concerns that GE's dredging thus far
has failed to accomplish the goal of protecting public health
and the environment.
Do you support the EPA's decision to issue a certificate of
completion for the Hudson River dredging?
Ms. Skipwith. So, Senator, thank you very much for that
question. That was a decision that was made by EPA. The Fish
and Wildlife Service does serve as an advisor on that
committee. So knowing that their role as a trustee would then
be to work on the remediation to figure out, to return the
vegetation, returning the natural, to much of the natural state
as possible. And so we would look forward to continuing to work
with EPA and also with the citizens and organizations within
New York.
Senator Gillibrand. Were you consulted by the EPA before
they made the decision?
Ms. Skipwith. So, I was in meetings involving EPA on this
matter.
Senator Gillibrand. And do you think, as the new Director,
you will have the capacity to influence further decisionmaking?
Ms. Skipwith. Senator, I believe that if Director, I would
look at the science, and I would provide my recommendation as
an advisor to EPA.
Senator Gillibrand. And do you have, at this moment, any
ideas about what recommendations or what you could do to
actually focus on the ongoing ecological impacts of PCBs that
are remaining in the river?
Ms. Skipwith. Senator, I would have to get briefed on the
status of where things are at in order to appropriately address
that question.
Senator Gillibrand. Once you get your sea legs and you have
had the opportunity to review the issues, will you write a
letter to my office about ways that you intend to pursue making
sure that there's ecological stability in the Hudson River?
Ms. Skipwith. Senator, I commit to doing that.
Senator Gillibrand. Thank you. Lyme disease, as the
Department of Health and Human Services Tick-Borne Disease
Working Group reported last year, tick-borne diseases are a
serious public health threat. Lyme disease infects nearly half
a million Americans each year, and the range of the ticks that
carry the bacteria that cause Lyme has been expanding.
Humans and pets can acquire Lyme anywhere they come into
contact with deer ticks, working, enjoying the yard, camping,
hiking, hunting, or otherwise being outdoors. Nationally, the
cases involving Lyme disease and tick-borne illnesses have led
to an estimated $1.3 billion in direct medical costs each year.
[[Page 80]]
If confirmed, will you prioritize any effort that the Fish
and Wildlife Services can take to coordinate with local
communities and other agencies to address Lyme disease in deer
and other wildlife populations?
Ms. Skipwith. Senator, I am not very familiar with this
topic, so would look forward, if confirmed, to get up to speed.
And then working with other Federal agencies and other State
agencies to work on this issue.
Senator Gillibrand. Thank you. Last--well, not last, next.
Pesticides. The preponderance of scientific evidence clearly
demonstrates that neonic pesticides have negative impacts on
non-target species, including bees and birds. I was therefore
disappointed by the Fish and Wildlife Service's decision in
August 2018, to reverse an Obama era ban on the use of neonics
and genetically modified organisms in the National Wildlife
Refuge System.
Our refuges are established for the primary purpose of
protecting wildlife. So this decision appears to benefit agro-
chemical companies over the species that you have a
responsibility to protect. Given your decade of prior work
experience at Monsanto, I am concerned about reports that you
were actively involved in making this decision.
Will you please explain what role you played in this
reversal and why you did not recuse yourself to prevent a
conflict of interest as required by ethical guidelines you
signed regarding conflicts of interest with former employers?
Ms. Skipwith. Senator, I was not involved in the
decisionmaking for this process. And also, I have worked
closely with our ethics department to ensure that there are no
conflicts of interest in any matters that I am involved in.
Senator Gillibrand. Will you commit to working with
Congress to make sure that we can work on getting neonic
pesticides out of the refuges that you are asked to protect?
Ms. Skipwith. So, Senator, pesticides is one and so are
GMOs, are a way for the Service, in order to meet its wildlife
forged goals. So it actually provides an advantage for our
wildlife. And knowing that that is just one of the tools in the
tool box in order for the Fish and Wildlife Service to meet its
goals would have that as a recommendation for the Fish and
Wildlife Service, and right now, as it stands, it is a case by
case basis for a refuge manager to decide if it is compatible
to use GMOs or pesticides in that refuge.
Senator Gillibrand. OK.
Thank you, Mr. Chairman.
Senator Cramer. Thank you, Senator Gillibrand.
I guess I will recognize myself now for 5 minutes.
First of all, thank you both for your willingness to serve
and for being here. Thank you for your willingness to sit
through this.
We are, as Chairman Barrasso said, in the middle of a vote
series, so people will come and go. And I'm going to do my best
to fill the time in the meantime.
Ms. Skipwith, first of all, thank you for coming by my
office yesterday. When Secretary Bernhardt was going through
this process, and of course Deputy Secretary Wallace as well,
or Assistant Secretary Wallace as well, they came by. I think
in the case of Sec
[[Page 81]]
retary Bernhardt, he had to come by twice, as a matter of fact,
to talk about North Dakota specific issues.
I just want to home in on one in particular that we
covered, which is, of course, Fish and Wildlife Service
waterfall production areas, which in the State of North
Dakota--North Dakota is in that flyway. We are a prairie
pothole region. As I often like to say, South Dakota is a sod
buster State; we are a swamp buster State. We have a lot of
water, a lot of wetlands that have been stewarded very well by
the landowners long before there were laws and incentives
attached to it.
The waterfall production areas created a concern at home, a
very serious concern. Not the WPAs themselves, but rather, the
enforcement of them in recent years, and maybe even the last
couple of decades, because it has become what was once a
cooperative, collaborative, community conservation program, it
has become a contentious one, mostly over what I call pretty
heavy handed enforcement, a sense of government superiority
over the private landowner. And I have heard it not from a few,
not from several, not even from dozens, but hundreds of
landowners that have expressed concerns about the enforcement
of that important program. The status quo is just not
acceptable.
When Secretary Bernhardt and I met, we covered basically
three issues, three action items. I want to restate them for
you. One would be a request to review and update the guidance,
specifically guidance to provide greater clarity and
consistency in the enforcement of these rules. I think the lack
of consistency is one of the problems. I think the
aggressiveness of it is probably another one, but at least
provide some consistency.
Then to establish an effective appeals process for
landowners if they disagree with the determinations by the
Service. One of the things we have seen many times is that if a
landowner disagrees with a determination, and their only appeal
process is right back to the same people that disappointed them
the first time, the second time, the third time until they are
out of money, and we really feel like we need to establish a
more effective appeals process.
Then third, to finish updated modern easement maps. I don't
know if you have ever looked at them, but some of the maps I
have looked at to first determine the easements are a circle in
the middle of a section of land, and today the section of land
is a wetland. And there is no real evidence, historical
evidence, to support oftentimes the Service's position.
So, now, I noticed--by the way, you missed an opportunity
to answer the easiest question I have heard since I have been
here when Senator Sullivan asked if you would commit to coming
to Alaska. Now, I would have said yes, right away, I will be
right there, can we go this weekend? But anyway, I would love
to have your commitment that you would come to North Dakota,
meet with my farmers, my landowners, as well as the other
conservation community, and work on this stuff and iron it out
to greater satisfaction than so far.
Ms. Skipwith. Senator----
Senator Carper. Could I just make a quick point?
[Laughter.]
[[Page 82]]
Senator Carper. There is a tradition, and sort of a
protocol that folks are visiting when confirmed, they come by
the order in which the State entered the Union and when they
ratified the Constitution. I wanted to mention that.
[Laughter.]
Senator Cramer. Senator Sullivan prefers alphabetically.
[Laughter.]
Senator Cramer. But as for me, we are in the middle. We
appreciate that. And your commitment to work really hard on
these issues, because it really is contentious, and I want
cooperation, because I think conservation works better when
everybody is working together. Is that fair?
Ms. Skipwith. Yes, that is very fair. And thank you very
much for your time and very candid conversation. I know the
Fish and Wildlife Service is working very hard on the maps, and
looking into an appropriate appeals process to make sure that
there is due process.
I commit to coming out to North Dakota to look at this.
Senator Cramer. And on to Alaska.
[Laughter.]
Ms. Skipwith. And Alaska. Because one of the things I have
learned, too, as being in my current role, and which something
that is a priority for me, if confirmed, is understanding what
is going on in the field and on the ground. It makes a
difference when talking to a lot of the stakeholders.
And one of the things is that 60 percent of the land here
in the U.S. is privately owned. In order for the U.S. Fish and
Wildlife Service to meet its mission, it is about collaboration
with private landowners, with States, with State agencies, and
other Federal agencies as well. So that is a huge priority for
me.
Senator Cramer. Thank you.
Thank you both, and I have adequately fulfilled my time,
and the leadership has returned. So I will go and vote second.
Ms. Skipwith. Thank you.
Senator Barrasso [presiding]. Thanks, Senator Cramer. We
appreciate your role in chairing the Committee in our absence.
Senator Carper has returned.
I know you had a couple of additional questions that you
would like to ask before we adjourn to go back for the second
vote.
Senator Carper. Thank you, Mr. Chairman.
I would ask if I could, Mr. Chairman, for unanimous consent
to enter into the record a letter from wildlife protection
organizations who are not supporting Ms. Skipwith's nomination,
as well as a letter from former Department of Interior career
staff.
Senator Barrasso. Without objection.
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[[Page 93]]
Senator Carper. How does your faith guide you as you would
approach serving in this capacity?
Ms. Skipwith. My faith? My faith has guided me from an
early age, and that was instilled in me from----
Senator Carper. With respect to this job.
Ms. Skipwith. With this job?
Senator Carper. Fish and Wildlife Service. How would it
guide you?
Ms. Skipwith. My conscience?
Senator Carper. Your faith.
Ms. Skipwith. My faith. It is about knowing that the
decisions that I make, that's how I base them on including my
background and education and science and on law. So I ask every
day for God's guidance, because it is a huge role. There is a
lot that goes into it. And it is working with the great people
of the Service to ensure that that mission is complete, and
that includes having faith to get that done.
Senator Carper. Sometimes we talk on our Committee about
this amazing planet that God has given us, and that we have a
moral responsibility to protect the people and the plants and
the animals that are here. Few agencies in the Federal
Government really have touched that responsibility and hold
that responsibility more than the Fish and Wildlife Service.
I would just say to you as a person of faith talking to a
person of faith that you will be guided by that as well.
Ms. Skipwith. Yes, sir.
Senator Carper. Our country--again, for you, Ms. Skipwith,
if I could--our country's modern conservation movement stands
on the shoulders of many influential scientists who have over
the past, I guess, 150 years, shaped America's most important
conservation laws, agencies, and principles. Would you take a
second and tell us which conservation focused scientist has
been most influential in your career, and how has their work
influenced your approach to fisheries and wildlife management?
Ms. Skipwith. So, thank you very much for that.
Senator Carper. You are welcome.
[Laughter.]
Ms. Skipwith. I will say, one of the things is, looking at
President Teddy Roosevelt, and it really goes to the essence
of----
Senator Carper. I served with him.
[Laughter.]
Senator Barrasso. I thought it was Franklin Delano
Roosevelt that you served with.
[Laughter.]
Senator Carper. I get confused.
Ms. Skipwith. And knowing that that is really the basis and
the essence of the generation, the mission for the Fish and
Wildlife Service. And it goes back to a lot of what other
leaders within the conservation community look back to in order
to guide their steps. So that is what I would say is one of the
leading people that I would look to.
Senator Carper. I was asking, my question was scientists. I
asked you to share with us what conservation focused scientist
has been most influential in your career, and how has the work
of that
[[Page 94]]
scientist influenced your approach to fisheries and wildlife,
fisheries management.
Ms. Skipwith. So I would say offhand, looking at, I would
say Rob Frazier, he was a leading scientist, in order to change
technology that dealt with how do you ensure that there is a
balance in the environment as well as making sure that there is
productivity for the people that are on the ground generating
crops as well. A lot of that, what I have learned in my time in
the science realm, is the theories can be applied to many
different industries as well.
Senator Carper. Thank you.
Dr. Lemos, after the unprecedented historic flooding during
Hurricane Harvey, which caused chemical explosions, as you will
recall, in Texas, at the Arkema facility, the Chemical Safety
and Hazard Investigation Board issued a report calling the
industry to better understand and prepare for the safety
hazards caused by more frequent and severe weather events. Do
you agree that industry must do more to prepare chemical
facilities for the risks posed by climate change?
Ms. Lemos. Thank you, Senator.
Senator Carper. You are welcome.
Ms. Lemos. I believe I am familiar with these
recommendations and the report. I understand the significant
risk that is posed by changing sea levels, rising sea levels,
and it has certainly impacted, and I believe it is important,
and I support that recommendation for all relevant plants to do
the same, and facilities.
Senator Carper. Thank you.
One last quick question. Ms. Skipwith, if confirmed as
Director of Fish and Wildlife Service, would you commit to
protecting career staff at Fish and Wildlife Service and
bolster their expertise instead of suppressing them?
Ms. Skipwith. Senator, I commit to working--I commit to
that, yes.
Senator Carper. Thank you. That is a good answer.
Thank you.
Senator Barrasso. Well, thank you, Senator Carper.
Thank you to both of you.
Before closing, I want to ask unanimous consent to enter
into the record several letters of support for the nomination
of Katherine Lemos to be Member and Chairperson of the Chemical
Safety and Hazard Investigation Board.
Senator Carper. I object. Not really.
[Laughter.]
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[[Page 99]]
Senator Barrasso. And over 80 stakeholders who have signed
letters of support for Ms. Skipwith's nomination to serve as
Director, U.S. Fish and Wildlife Service. I ask unanimous
consent to enter these endorsements into the record. And if
there is an objection, I will read each of the names
individually, personally, and the letters.
Senator Carper. In that case, I do not object.
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[[Page 139]]
Senator Barrasso. If there are no more questions for today,
members may submit, as we have talked about before, follow up
questions for the record. They will do that by 4 p.m. on
Friday, September 13th, so 2 days from now.
And we should ask that you both respond to the questions by
4 p.m. on Thursday, September the 19th.
I want to thank and congratulate both of the nominees.
Thank you for your testimony today.
With that, this hearing is adjourned.
[Whereupon, at 11:38 a.m., the hearing was adjourned.]
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