    [Senate Hearing 117-354]
    [From the U.S. Government Publishing Office]

                                                           S. Hrg. 117-354

                  DANIEL-DAVIS, TOUTON, AND BRONIN NOMINATIONS

    =======================================================================

                                    HEARING

                                   BEFORE THE

                                  COMMITTEE ON
                          ENERGY AND NATURAL RESOURCES
                              UNITED STATES SENATE

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 FIRST SESSION

                                       to

       CONSIDER THE NOMINATIONS OF LAURA DANIEL-DAVIS TO BE AN ASSISTANT
     SECRETARY OF THE INTERIOR (LAND AND MINERALS MANAGEMENT), CAMILLE C.
      TOUTON TO BE COMMISSIONER OF RECLAMATION, AND SARA C. BRONIN TO BE
           CHAIRMAN OF THE ADVISORY COUNCIL ON HISTORIC PRESERVATION

                                   __________

                               SEPTEMBER 21, 2021

                                   __________

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

                           Printed for the use of the
                   Committee on Energy and Natural Resources

            Available via the World Wide Web: http://www.govinfo.gov

                                    __________

                        U.S. GOVERNMENT PUBLISHING OFFICE
    45-806                      WASHINGTON : 2022

    -----------------------------------------------------------------------------------

                   COMMITTEE ON ENERGY AND NATURAL RESOURCES

                    JOE MANCHIN III, West Virginia, Chairman
    RON WYDEN, Oregon                    JOHN BARRASSO, Wyoming
    MARIA CANTWELL, Washington           JAMES E. RISCH, Idaho
    BERNARD SANDERS, Vermont             MIKE LEE, Utah
    MARTIN HEINRICH, New Mexico          STEVE DAINES, Montana
    MAZIE K. HIRONO, Hawaii              LISA MURKOWSKI, Alaska
    ANGUS S. KING, JR., Maine            JOHN HOEVEN, North Dakota
    CATHERINE CORTEZ MASTO, Nevada       JAMES LANKFORD, Oklahoma
    MARK KELLY, Arizona                  BILL CASSIDY, Louisiana
    JOHN W. HICKENLOOPER, Colorado       CINDY HYDE-SMITH, Mississippi
                                         ROGER MARSHALL, Kansas

                          Renae Black, Staff Director
                          Sam E. Fowler, Chief Counsel
                 Richard M. Russell, Republican Staff Director
                  Matthew H. Leggett, Republican Chief Counsel
                         Darla Ripchensky, Chief Clerk

                               C O N T E N T S

                                  ----------

                               OPENING STATEMENTS

                                                                       Page
    Manchin III, Hon. Joe, Chairman and a U.S. Senator from West
      Virginia.......................................................     1
    Barrasso, Hon. John, Ranking Member and a U.S. Senator from
      Wyoming........................................................     2
    Cortez Masto, Hon. Catherine, a U.S. Senator from Nevada.........    31

                                   WITNESSES

    Blumenthal, Hon. Richard, a U.S. Senator from Connecticut........    31
    Murphy, Hon. Christopher, a U.S. Senator from Connecticut........    32
    Daniel-Davis, Laura, nominated to be an Assistant Secretary of
      the Interior (Land and Minerals Management)....................    33
    Touton, Camille C., nominated to be Commissioner of Reclamation..    39
    Bronin, Sara C., nominated to be Chairman of the Advisory Council
      on Historic Preservation.......................................    43

              ALPHABETICAL LISTING AND APPENDIX MATERIAL SUBMITTED

    Abre Croche Cultural Resources LLC et al.:
        Letter for the Record........................................     7
    American Rivers:
        Letter for the Record........................................     9
    Babbitt, Hon. Bruce:
        Letter for the Record........................................    11
    Barrasso, Hon. John:
        Opening Statement............................................     2
    Blumenthal, Hon. Richard:
        Introduction.................................................    31
    Bronin, Sara C.:
        Opening Statement............................................    43
        Written Testimony............................................    45
        Responses to Questions for the Record........................   121
    Central Arizona Water District:
        Letter for the Record........................................   134
    Central Utah Water Conservancy District:
        Letter for the Record........................................   135
    Columbia Basin Development League:
        Letter for the Record........................................    12
    Confederated Tribes of the Colville Reservation:
        Letter for the Record........................................   136
    Contra Costa Water District:
        Letter for the Record........................................   137
    Cortez Masto, Hon. Catherine:
        Introduction.................................................    31
    Daniel-Davis, Laura:
        Opening Statement............................................    33
        Written Testimony............................................    36
        Responses to Questions for the Record........................    81
    East Columbia Basin Irrigation District:
        Letter for the Record........................................    13
    Fort Belknap Indian Community:
        Resolution No. 159-2021......................................    15
    Jewell, Hon. Sally:
        Letter for the Record........................................   138
    Kaine, Hon. Tim:
        Letter of Introduction.......................................     5
    Lankford, Hon. James:
        Memo from Laura Daniel-Davis dated 3/19/2021.................    71
    Manchin III, Hon. Joe:
        Opening Statement............................................     1
    Mitamura, Dave:
        Letter for the Record........................................    17
    Murphy, Hon. Christopher:
        Introduction.................................................    32
    National Association of Tribal Historic Preservation Officers:
        Letter for the Record........................................    18
    National Audubon Society:
        Letter for the Record regarding Laura Daniel-Davis...........    19
        Letter for the Record regarding Camille Touton...............    20
    National Trust for Historic Preservation:
        Letter for the Record........................................   139
    Newhouse, Hon. Dan:
        Letter for the Record........................................    21
    Outdoor Recreation Roundtable Association:
        Letter for the Record........................................    23
    Regional Water Authority:
        Letter for the Record........................................    25
    Southeastern Colorado Water Conservancy District:
        Letter for the Record........................................    64
    Southern Nevada Water Authority:
        Letter for the Record........................................   141
    Southern Ute Indian Tribe:
        Letter for the Record........................................    63
    St. Mary Rehabilitation Working Group:
        Letter for the Record........................................    27
    Theodore Roosevelt Conservation Partnership:
        Letter for the Record........................................   142
    Touton, Camille C.:
        Opening Statement............................................    39
        Written Testimony............................................    41
        Responses to Questions for the Record........................   107
    Truckee Meadows Water Authority:
        Letter for the Record........................................   143
    WateReuse:
        Letter for the Record........................................    28
    Weber Basin Water Conservancy District:
        Letter for the Record........................................   144
    Yakima Basin Joint Board:
        Letter for the Record........................................    29

                  DANIEL-DAVIS, TOUTON, AND BRONIN NOMINATIONS

                                  ----------

                          TUESDAY, SEPTEMBER 21, 2021

                                           U.S. Senate,
                     Committee on Energy and Natural Resources,
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 10:02 a.m. in
    Room SD-366, Dirksen Senate Office Building, Hon. Joe Manchin
    III, Chairman of the Committee, presiding.

     OPENING STATEMENT OF HON. JOE MANCHIN III, U.S. SENATOR FROM
                             WEST VIRGINIA

        The Chairman. We will officially come to order.
        We are meeting today to consider three pending nominations.
    The three nominations are Ms. Laura Daniel-Davis to be the
    Assistant Secretary of the Interior for Land and Minerals
    Management, Ms. Camille Touton to be the Commissioner of
    Reclamation, and Ms. Sara Bronin to be the Chair of the
    Advisory Council on Historic Preservation. Welcome to all three
    of you and also to your families here today. We want to thank
    you for the willingness to serve in these important positions,
    and welcome, again, to your family members.
        With that, I will go through the nominees that we have.
        The Assistant Secretary for Land and Minerals Management
    nominee, Ms. Laura Daniel-Davis, would oversee four of the
    great bureaus and offices at the Department of the Interior:
    the Bureau of Land Management (BLM), the Office of Surface
    Mining (OSMRE), the Bureau of Ocean Energy Management (BOEM),
    and the Bureau of Safety and Environmental Enforcement (BSEE).
    All six of the Department's Assistant Secretaries have broad
    portfolios and perform essential functions, but the
    responsibilities of the Assistant Secretary for Land and
    Minerals Management are especially broad, and they are of
    particular interest to many members of this Committee.
    Fortunately, Ms. Daniel-Davis understands the challenge she is
    taking on. She is not new to the Department of the Interior or
    the issues before it. She served as a Chief of Staff to the
    Deputy Secretary of the Interior during the Clinton
    Administration and as Chief of Staff to Secretary Salazar and
    Secretary Jewell during the Obama Administration. She has been
    serving as the Principal Deputy Assistant Secretary for Land
    and Minerals Management since January. Ms. Daniel-Davis will
    bring a wealth of knowledge and experience to the job.
        Second, we have Ms. Touton. I think I am pronouncing that
    correctly. Is it Touton or Toten? Am I right? Touton, oh, I am
    sorry.
        The same can be said of our next nominee, Camille Touton,
    who has been nominated to be the Commissioner of Reclamation.
    The Commissioner's job is to manage much of the water in the
    Western states and oversee a vast system of nearly 500 dams and
    over 300 reservoirs on which over 30 million Americans depend.
    In addition, the Commissioner is responsible for producing 40
    billion kilowatt-hours of hydroelectric power each year. It is
    a big job, but one for which Ms. Touton is exceptionally well
    prepared. She has worked on these issues on the House Natural
    Resources Committee, the House Transportation and
    Infrastructure Committee, and on this Committee when Senator
    Cantwell was our Ranking Member. She also served as Deputy
    Assistant Secretary for Water and Science during the Obama
    Administration and has been serving as the Deputy Commissioner
    of Reclamation since January. Like Ms. Daniel-Davis, Ms. Touton
    brings a wealth of knowledge and experience to this position
    for which she has been nominated.
        Finally, our third nominee is Sara Bronin, who has been
    nominated to Chair the Advisory Council on Historic
    Preservation. The law that established the Advisory Council was
    enacted with the belief that the spirit and the direction of
    the nation are founded upon and reflected in a historic
    heritage and that our historic foundation should be preserved.
    The Council was created to ensure that other federal agencies
    take our national heritage into account before they take
    actions that might harm or destroy nationally significant
    sites. The Advisory Council is just that, an advisory body, not
    a regulatory one. It cannot command or control. Its powers are
    to advise, to encourage, to recommend, to review, to comment,
    to inform, and, most importantly, to educate. The 24-member
    Council is an extraordinary body. It is made up of the Cabinet
    Secretaries and other agency heads, a governor, a mayor, the
    Architect of the Capitol, the heads of certain historic
    preservation organizations, and several other historic
    preservation experts and citizens appointed by the President.
        The Chairman alone serves full-time as the only member who
    is confirmed by the Senate. For this reason, I think it is
    especially important that the Chair be someone of great ability
    and achievement who will have the respect of the Council she
    must lead and the agency heads she will seek to advise and
    persuade. I believe Ms. Bronin's academic achievements and her
    record of public service show that she is well qualified for
    this important task.
        I want to thank all three nominees for being with us this
    morning and for their willingness to accept these important
    nominations.
        At this point I will recognize Senator Barrasso for his
    opening statement.
        Senator Barrasso.

                    STATEMENT OF HON. JOHN BARRASSO,
                       U.S. SENATOR FROM WYOMING

        Senator Barrasso. Well, thank you very much, Mr. Chairman,
    and I would like to add my welcome to yours to Laura Daniel-
    Davis, to Camille Touton, and to Sara Bronin. I want to welcome
    you to the Senate Energy and Natural Resource Committee, and it
    is nice to see Senators from Connecticut who are here to do
    introductions as well. Well, congratulations to each of you on
    your nomination.
        Ms. Daniel-Davis has a long history working at Interior.
    She previously served at Interior as Chief of Staff for
    Secretaries Ken Salazar and Sally Jewell and in many other
    roles, and currently serves as the Principal Deputy Assistant
    Secretary of Interior for Lands and Mineral Management. Under
    Daniel-Davis' supervision, Interior imposed an oil and gas
    leasing moratorium on federal lands. She has rescinded
    previously granted grazing permits. In March, she directed all
    Interior agencies handling energy and land management decisions
    to go through her office for approval. This action undermines
    energy projects on federal lands. It creates unnecessary
    bureaucracy and backlogs. It causes delays and uncertainty, and
    it causes significant cost and headaches.
        We need someone in this important role who understands and
    supports the need for U.S. energy security. It is all the more
    critical based on the actions that the House Democrats are
    taking on their $3.5 trillion reckless tax and spending
    blowout. The House Natural Resource Committee just passed
    legislation that will effectively kill oil, natural gas, coal,
    and hard rock mineral production on federal lands and in
    federal waters. If enacted, it would surrender America's energy
    independence and make us dependent on OPEC, on Russia, and on
    China. It will cost thousands of U.S. jobs, devastate
    communities in New Mexico, Wyoming, Louisiana, Nevada,
    Colorado, and Montana. We need leadership at the Department of
    the Interior that recognizes the importance to our
    international competitiveness of maintaining robust energy and
    mineral development on federal lands and waters.
        Ms. Touton has been nominated to serve as Commissioner of
    Reclamation at Interior's Bureau of Reclamation. She has
    experience working at Interior on issues relating to the Bureau
    of Reclamation, including the Deputy Commissioner of the Bureau
    of Reclamation since January and as Deputy Assistant Secretary
    for Water and Science during the Obama Administration. For much
    of her career she served on Congressional staffs, including the
    democratic professional staff for Senator Cantwell who was
    Ranking Member of this Committee at the time. In Wyoming and
    across the West, there is no more important resource than
    water. Our agriculture industry, cities, forests, and wildlife
    all depend on strong and healthy watersheds. This Committee
    needs a commissioner who will work with members of both parties
    to strengthen desperately needed Western water infrastructure,
    to improve Interior's management of water resources, and to
    listen to state and local officials. I think that she is up to
    the job.
        Last, Ms. Bronin has been nominated to serve as Chairman of
    the Advisory Council on Historic Preservation. If confirmed,
    she will be in charge with ensuring that historic preservation
    needs are balanced with federal project requirements. She will
    also make recommendations regarding historic preservation to
    the President, to Congress, and to the heads of other federal
    agencies. She currently serves as a Professor of City and
    Regional Planning at Cornell University's College of
    Architecture, Art, and Planning and a Professor at Cornell Law
    School. She has experience in the historic preservation field,
    including serving as an Advisor to the National Trust for
    Historic Preservation. I am interested in hearing more about
    her views on the role of this Council in advising others on the
    designation, preservation, and rehabilitation of historic
    sites. I look forward to hearing her explain her vision for the
    Council.
        So congratulations to each of the nominees. I look forward
    to hearing more about your qualifications, your policy views,
    and your plans for ensuring the work of these agencies, how
    they will benefit all Americans, including those in my home
    State of Wyoming.
        Thank you, Mr. Chairman.
        The Chairman. Thank you, Senator.
        Before I recognize my colleagues to make introductions,
    Senator Kaine is not able to join us this morning, but he has
    asked that his letter of support for Ms. Daniel-Davis be
    included. So I ask unanimous consent to enter into the record a
    letter of introduction for Ms. Daniel-Davis from Senator Kaine.
        Objection?
        [No response.]
        The Chairman. Without objection, it will be included.
        [Letter of introduction from Senator Kaine for Ms. Daniel-
    Davis follows:]

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

        The Chairman. In addition, I ask unanimous consent to
    insert additional letters of support for the nominees from
    various tribal organizations, water authorities, and historic
    preservation groups--including two notable letters, one from
    former Secretary of the Interior, Bruce Babbitt, in support of
    Ms. Daniel-Davis and one from our House colleague, Dan
    Newhouse, the Chairman of the Western Caucus, in support of Ms.
    Touton.
        Hearing no objections, these letters will be inserted into
    the record.
        [Letters of support for the nominees follow:]

    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        The Chairman. Now I will turn to Senator Cortez Masto to
    introduce Ms. Touton.

      STATEMENT OF HON. CATHERINE CORTEZ MASTO, U.S. SENATOR FROM
                                 NEVADA

        Senator Cortez Masto. Thank you, Mr. Chairman.
        It is my pleasure to be able to introduce today President
    Biden's nominee for Commissioner of the United States Bureau of
    Reclamation and fellow Nevadan and UNLV grad, Camille Touton.
    Camille, who currently is the Deputy Commissioner at the Bureau
    of Reclamation, has spent her career focusing on water policy.
    Prior to joining Interior, Camille served as the senior
    professional staff for the U.S. House Committee on
    Transportation and Infrastructure and also served as
    professional staff on this Committee, the Senate Committee on
    Energy and Natural Resources, where I got to know her in my
    former capacity as the Ranking Member for the Subcommittee on
    Water and Power in the last Congress. Camille was also
    previously a staff member for the House Natural Resources
    Committee and served as the Department of the Interior Deputy
    Assistant Secretary for Water and Science in the Obama
    Administration. She holds a B.S. in Civil Engineering and a
    B.A. in Communication Studies from the University of Nevada Las
    Vegas and a Master of Public Policy from George Mason
    University. And while I know her heart is in the West, Camille
    and her husband, Matthew, and their daughters call Arlington,
    Virginia home.
        Camille is a knowledgeable and experienced public servant
    who truly understands Reclamation policy. She understands the
    needs and concerns of the people from the West and, being from
    the driest state in the nation, she understands just how
    important and vital water and water management is to the
    lifeblood of our Western states. The West is in a prolonged
    drought that is increasingly exacerbated by the climate crisis.
    Our water resources are being ever stretched to support growing
    populations, and we need an expert in this role who has lived
    this experience firsthand. I know Camille will be an advocate
    for sound and thoughtful water policy, and I know she will
    provide a strong Western voice inside the Interior Department
    that is looking out for our water needs.
        And with that, I welcome Camille back to the Committee
    today and want to express my sincere congratulations to you on
    your nomination.
        Thank you, Mr. Chairman.
        The Chairman. Thank you, Senator.
        And now, we are fortunate to be joined by our two
    colleagues from Connecticut, Senator Blumenthal and Senator
    Murphy, who will now introduce Ms. Bronin.
        Senator Blumenthal.

                 STATEMENT OF HON. RICHARD BLUMENTHAL,
                     U.S. SENATOR FROM CONNECTICUT

        Senator Blumenthal. I am deeply honored and enthusiastic to
    be here, and thank you, Mr. Chairman, Ranking Member Barrasso,
    and all of the Committee. You have detailed some of Sara
    Bronin's qualifications, but we could easily spend the next
    hour going through all of what she has done in a truly
    extraordinary career so far. She is joined today by members of
    her family, her husband, Luke Bronin, the Mayor of Hartford,
    Connecticut, and two of their three children. Their family and
    mine have been long-standing friends, and I am very proud of
    that personal connection. I could not imagine someone better
    qualified to be the nominee to chair the Advisory Council on
    Historic Preservation.
        She has demonstrated--as a graduate of the University of
    Texas, with a degree in architecture and a degree in law--that
    she has an understanding of both the legal and the technical
    facets that are required for someone in this leadership
    position. She has deep and broad experience in Connecticut. She
    served for 10 years as Chair of Preservation Connecticut's
    Board, where that group has successfully championed the
    protection of many important community assets all over the
    state by leveraging funding, advocating and forming
    partnerships, and promoting stewardship. That really is the
    mark of her service and understanding of the physical and
    tangible importance of these preservation assets but also a
    devotion to equity and inclusiveness as core interests and
    values in her work. She has earned three preservation design
    awards for her restoration of a Civil War-era brownstone in
    downtown Hartford, Connecticut that her family knows well, and
    as an architect, she is knowledgeable about many of the more
    advanced technological improvements that are important in this
    work.
        She is a seventh-generation Texan. She grew up working in
    her family's Mexican restaurant, and she is now a Professor.
    She has been an architect, attorney, and policymaker, and I
    think she is extraordinarily well qualified for this position.
    I thank the Chair and Ranking Member for considering her
    favorably. Thank you.
        The Chairman. Thank you, Senator.
        Now we have Senator Murphy.

                 STATEMENT OF HON. CHRISTOPHER MURPHY,
                     U.S. SENATOR FROM CONNECTICUT

        Senator Murphy. Thank you very much, Mr. Chairman. This is
    my inaugural appearance before the Energy and Natural Resources
    Committee, and I appreciate you letting Senator Blumenthal and
    I just say a few words in support of our good friend, Sara
    Bronin. I think Senator Blumenthal has covered it well.
        You know, we are fortunate that smart people from all over
    the world come to Connecticut to get their education. We have a
    number of excellent schools, one of them being Yale University,
    and occasionally people spend time in Connecticut and then go
    back to their home state, as Senator Barrasso did. Sara
    Bronin's affection for Connecticut was such that she stayed.
    She came to Connecticut to go to school, and she has been one
    of the most important contributors to our state's discussion
    around historic preservation and zoning reform during the last
    several decades. Senator Blumenthal said it, I think very
    well--you really could not pick somebody better suited for this
    role. She is a nationally acknowledged expert on zoning and
    land use law. She is an architect, so she understands the
    practicality of buildings and building. But she also is
    somebody that has a history of being able to bring folks
    together around these ideas.
        In Hartford, the city that I live in, she was able to lead
    an effort to redesign the city plan and the city's zoning laws,
    and it ended up being adopted in a unanimous vote, which is not
    easy in a place like Hartford that has lots of different ideas
    about historic preservation, development, and affordable
    housing. So I think you will find someone here who has the
    right background, the right expertise, but also the ability to
    take some of the politics and controversy out of these ideas
    and bring people together. I am just grateful that you allowed
    us the opportunity to come and introduce her to you today.
        The Chairman. Well, we appreciate both of you taking time
    to come and introduce these wonderful people. I know your
    schedules are busy, so I know you have to be exiting here.
    Thank you, Senator.
        The rules of the Committee, which apply to all nominees,
    require that they be sworn in connection with their testimony.
    So if you all will stand and raise your right hand.
        Do you solemnly swear that the testimony you are about to
    give to the Senate Committee on Energy and Natural Resources
    shall be the truth, the whole truth, and nothing but the truth,
    so help you God?
        [All nominees respond yes.]
        The Chairman. You may be seated.
        Before you begin your statements, I will ask three
    questions addressed to each nominee before this Committee.
        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?
        [Nominees all respond yes.]
        The Chairman. Are you aware of any personal holdings,
    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?
        [Nominees all respond no.]
        The Chairman. Are you involved or do you have any assets
    held in a blind trust?
        [Nominees all respond no.]
        The Chairman. Thank you.
        So let us begin with Ms. Daniel-Davis. You are recognized
    to make your statement. Please proceed.

     STATEMENT OF LAURA DANIEL-DAVIS, NOMINATED TO BE AN ASSISTANT
        SECRETARY OF THE INTERIOR (LAND AND MINERALS MANAGEMENT)

        Ms. Daniel-Davis. Good morning, Chairman Manchin, Ranking
    Member Barrasso, and members of the Committee. I'm honored to
    appear before you as President Biden's nominee to be the
    Assistant Secretary for Land and Minerals Management at the
    Department of the Interior, and I'm very grateful for the
    Committee's consideration of my nomination.
        I'm joined today by my husband, Mark, and my mom and dad.
    Our daughter is in her first year of college so is
    unfortunately unable to be here with us today. My parents
    provided the example of public service that has guided me
    throughout my career, my mother as a high school teacher and
    later a high school principal. My father was an aide here in
    the Senate and was, for many years, a curator at the
    Smithsonian National Museum of American History. My sister and
    I spent all of our time outside when we were growing up. We
    were really lucky. There was so much open space in our
    community, and it was the beginning of my appreciation for
    nature and wildlife, which has such a positive impact on both
    your mind and your physical well-being.
        In addition to my family, the Department of the Interior
    has been one of the most significant influences on my life. The
    leadership positions I have held there have given me deep
    knowledge of public lands and energy programs both onshore and
    offshore, a deep understanding of the Department's operations,
    and the importance of collaboration. I first came to the
    Department in 1993 as an aide to Interior Secretary Bruce
    Babbitt. That's when I first saw how much this Department
    touches people's lives in very real ways every day, whether we
    live in the West or in any other region of the country. I
    returned to the Department in 2009 to work for Secretary Ken
    Salazar. Many of you knew him as Senator Salazar. He's now
    Ambassador Salazar. And I learned from Secretary Salazar to
    aspire to embody the servant-leader model, which is that we
    never forget that our government service is on behalf of anyone
    but ourselves.
        As the Department's Chief of Staff, I helped support the
    transition to Secretary Sally Jewell, who ensured we were
    leading with equity and fairness every day, and, in between my
    service at Interior, I worked in the House of Representatives
    for Congressman Mark Udall before he was one of your colleagues
    here in the Senate. Congressman Udall exemplified the
    bipartisan spirit that I value so much, and from him I learned
    the key Mo Udall-ism, which is that we can disagree without
    being disagreeable in this work that we do together. And now
    I'm back at the Department, of course, humbled and grateful to
    be working for Secretary Deb Haaland. She's inspirational, and,
    once again, I'm learning something every day in my time at the
    Department.
        My previous time there provided me with something of a
    bird's eye view of departmental operations and a really deep
    respect for the 70,000 plus employees. I rolled up my sleeves
    on a lot of issues from Klamath Basin restoration to the Deep
    Water Horizon oil spill response to ensuring that we were
    conducting tribal consultation in an appropriate manner. I also
    gained a real appreciation for the bureaus I've been nominated
    to help lead: the Bureau of Land Management, the Bureau of
    Ocean Energy Management, the Bureau of Safety and Environmental
    Enforcement, and the Office of Surface Mining Reclamation and
    Enforcement. I really value and appreciate the BLM's multiple-
    use mission. It's uniquely important for resource development
    and recreation and providing economic opportunities for working
    families as it manages the federal acreage under its
    jurisdiction, offshore, the important work of BOEM and BSEE to
    responsibly and safely develop energy resources on the Outer
    Continental Shelf, helps to assure our country's energy
    independence. And OSMRE provides crucial support to coal
    communities for reclamation of former mining lands and economic
    development opportunities, making sure states have the tools to
    oversee their transitioning programs.
        If I'm confirmed in this role, I'm committed to supporting
    these bureaus and to working with them to understand how I can
    help, best help them be successful in their missions and for
    the American public. During my time at the National Wildlife
    Federation, I was proud to help support the great work of so
    many of you on the bipartisan Great American Outdoors Act.
    That's a once-in-a-lifetime opportunity that you have given
    Americans to address maintenance needs across agencies and
    conserve and restore lands in our communities for access,
    recreation, and reflection. I strive to have an open door. I
    like to be available to different points of view. I'm always
    looking for information that can guide me to a more thoughtful
    decision. And if I'm confirmed, I commit to working with this
    Committee, with the communities you serve, with states and
    tribes, and the variety of other interests in our work and the
    shared challenges we face.
        Thank you for allowing me to appear here today, and I look
    forward to answering your questions.
        [The prepared statement of Ms. Daniel-Davis follows:]

    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        The Chairman. Thank you very much. I just noticed my
    colleague here has a cast on him. I was wondering what happened
    to him. I hope you are feeling better.
        Now we are going to hear from Ms. Touton.

    STATEMENT OF CAMILLE C. TOUTON, NOMINATED TO BE COMMISSIONER OF
                              RECLAMATION

        Ms. Touton. Good morning, Chairman Manchin, Ranking Member
    Barrasso, and members of this Committee. Thank you, Senator
    Cortez Masto for that kind introduction and for your leadership
    in Nevada and in the nation. Thank you also for your guidance
    throughout the years. And thank you, Senator Cantwell, as well
    for your guidance and Congresswoman Napolitano. My name is
    Camille Calimlim Touton. I'm joined here today by my husband,
    Matthew, my mother, Marlene, and virtually by our daughters,
    families, and friends across the country and the world. It is
    by the grace of God and with the love and support of my family
    and friends that I am before you today as the Biden-Harris
    nominee for the Commissioner of the Bureau of Reclamation.
        From the start my grandparents instilled in me the values
    of family and service to your community and to your country. My
    grandmother, Eddie, was a homemaker with a high school
    education, who supported all eight of her children graduating
    college. My grandmother, Juanita, was an elementary school
    teacher, who was later elected as the Capitana of the Barangay
    Tebeng, Philippines. Both my grandfathers served in the
    military, and it is their sacrifices and their values that I
    bring with me here today.
        The United States Air Force, through my father, brought us
    to my adopted hometown of Las Vegas, Nevada. It was there that
    I would meet the love of my life and also find my life's work
    in water. I recognize that my strengths were to take my
    engineering background and take and understand that technical
    information and communicate its impact to policymakers. This
    recognition and passion to serve is what brought me here today.
    Over the last 15 years I've had the great privilege to be a
    part of every major legislation impacting the Bureau of
    Reclamation. This included my time as professional staff for
    the House Natural Resources Committee and supported the
    enactment of the settlement of the Claims Resolution Act,
    legislation that settled the water rights for seven Indian
    tribes and pueblos. I've had the great fortune of calling this
    Committee my professional home and helped to support the
    enactment of Phase III of the Yakima Basin Integrated Plan,
    support for the Klamath Project Title Transfer, and other
    Reclamation provisions as part of the Dingle Act. Last
    Congress, I worked for the House Transportation and
    Infrastructure Committee and helped to support the enactment of
    WRDA (Water Resources Development Act) 2020, the authorization
    committee--the authorization legislation for the Army Corps of
    Engineers.
        The very same laws I've helped to support I've also helped
    to implement and execute. During my time in the Obama
    Administration as Deputy Assistant Secretary, I oversaw USGS
    (United States Geological Survey) and also led Interior's
    efforts into the finalization of the MOU (Memorandum of
    Understanding) for the Salton Sea. I also led the completion of
    the Glen Canyon Dam Long-Term Experimental Management Plan.
    Since I joined the Biden-Harris Administration in January,
    Reclamation has implemented four title transfers, funded the
    Drought Relief Act, recommended new water recycling,
    desalination, and storage projects under the WIN Act, and
    funded activities under the Drought Contingency Plan for the
    Colorado River. Each of these successes requires an
    understanding of complex issues, the ability to work across the
    aisle and collaborate with a diverse set of stakeholders, and
    requires the ability and, more importantly, the desire to build
    trust and understanding with all of our partners to communicate
    intent, manage expectations, and produce results, and that's
    the skills I bring to you today.
        I also recognize a constellation of challenges ahead of
    this agency are unlike any before, and managing water in the
    West is complex, even in a good water year. The unprecedented
    drought has made the task even more challenging as major
    reservoirs are at their lowest levels since filling, and the
    prospects of relief in the face of climate change are not
    encouraging, but I am honored to work alongside our
    stakeholders, our partners, and the 5,400 public servants that
    make up the Bureau of Reclamation in meeting our mission in one
    of the toughest water years and during a global pandemic. The
    drought has very real implications on people and the
    environment. Farmers, whose life's work is to put food on
    America's table, are worried about the ability to put food on
    their own. Tribal communities who fear for the security of
    their water rights and the loss of species of cultural
    significance. Communities who see the low reservoirs and worry
    about their water supply. Ecosystem and species stressed to the
    brink. If confirmed, I bring to this position a proven track
    record of collaboration and communication, and I face these
    challenges with humility and a commitment to work with you, our
    partners, and the American public in solving these challenges.
        Thank you for the opportunity to be here with you today.
        [The prepared statement of Ms. Touton follows:]

    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        The Chairman. Thank you.
        And now, we will hear from Ms. Bronin.

     STATEMENT OF SARA C. BRONIN, NOMINATED TO BE CHAIRMAN OF THE
               ADVISORY COUNCIL ON HISTORIC PRESERVATION

        Ms. Bronin. Thank you very much. Is this on?
        The Chairman. Yes, now you are.
        Ms. Bronin. Perfect. Okay.
        Good morning, Chairman Rankin--Chairman Manchin, Ranking
    Member Barrasso, and the distinguished members of this
    Committee. It is my honor to be here today as President Biden's
    nominee to Chair the Advisory Council on Historic Preservation,
    and I thank Senators Murphy and Blumenthal for their very kind
    introductions. Joining me today are my husband, Luke, himself a
    public servant and a veteran of the war in Afghanistan, and two
    of our three children. Our third child is watching with her
    grandparents in Connecticut, and my parents, two sisters, and
    two grandmothers, Romana and Oralia, are watching from Texas.
    My heart tells me my grandfathers are watching from above. I
    bring to this hearing table the lessons of my teachers,
    Duchesne Academy of the Sacred Heart, the University of Texas,
    Oxford, and Yale and of my students, and I am grateful for
    every one of them.
        It is a special privilege to be speaking before this
    Committee, which has long demonstrated a bipartisan commitment
    to historic preservation. Senators, many of you are already
    familiar with the Advisory Council through the process known as
    Section 106. Both the agency and the process were created as
    part of the National Historic Preservation Act of 1966 to
    ensure that historic resources are considered when federal
    agencies are undertaking certain programs and projects. In
    these reviews, the Advisory Council does not play a decision-
    making role but one of a convener, collaborator, and advisor.
    As Chair, I would be honored to ensure that the agency
    continues to play this role with integrity and in keeping with
    Congressional direction. The Advisory Council also has a key,
    another key statutory role, to advise the President and
    Congress on historic preservation policy.
        As I prepared for this hearing today, I talked with some of
    you and your staff about ways the agency may strengthen its
    relationship with Congress through this advisory function.
    Members expressed an interest in better tailoring disaster
    recovery response to historic places, developing procedural
    efficiencies, and better supporting the 59 state and
    territorial historic preservation offices, 574 federally
    recognized tribes, including 204 tribal historic preservation
    offices, and native Hawaiian organizations, and you also
    expressed enthusiasm for facilitating private investment in
    preservation, whether through leasing or transferring federal
    historic properties or through making the historic tax credit,
    which has generated over $173 billion in private economic
    development more accessible to rural Main Street and
    underserved communities. The Advisory Council has already made
    progress in some of these regards. If confirmed as its Chair, I
    will gladly work with members of this Committee and others in
    Congress to further improve the Federal Government's
    effectiveness in these regards.
        My passion for preservation comes from the recognition that
    historic, tribal, and cultural resources benefit us in unique
    ways. They connect us with our past and give us a sense of
    continuity, identity, and belonging. They generate economic
    activity, both during rehabilitation projects and for many
    years after, and they offer us a chance to be more sustainable.
    As is often said, the greenest building is one that is already
    built. And perhaps most importantly, they guide our faith and
    center our spirits. Throughout my work I have tried to ensure
    that communities of all kinds can benefit from preservation. As
    an architect, attorney, professor, and public servant, I have
    written, critiqued, and implemented laws regarding historic
    preservation. I have both rehabilitated historic buildings and
    advocated for them. And by participating in organizations like
    Preservation Connecticut and the Latinos in Heritage
    Conservation, I have found that there are many, many people who
    share our common commitment to protecting and celebrating the
    rich and complex stories that make us American. With this
    multifaceted experience, I hope to ensure the Advisory Council
    on Historic Preservation continues to take a leadership role in
    advancing and modernizing preservation practice nationally.
        From my ancestor's lands on the Texas/Mexico border to
    colonial Connecticut where I live today, from indigenous
    homelands to fragile, archeological resources, the Advisory
    Council urges protection of it all. It would be a deep honor
    and a tremendous joy to serve as its Chair. Thank you for the
    opportunity to testify today. I look forward to your questions.
        [The prepared statement of Ms. Bronin follows:]

    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        The Chairman. Thank you all for your statements. Now we are
    going to start with our questions, and I will start mine with
    Ms. Daniel-Davis.
        Within a week of taking office, President Biden issued an
    Executive Order that directed the Secretary of the Interior to
    pause new oil and natural gas leases on public lands and
    offshore waters, pending a comprehensive review of the
    Secretary's stewardship responsibilities, including climate
    impacts from oil and gas developments. Several states
    challenged the Order, and in June a Federal District Court
    granted a preliminary injunction against the leasing pause. The
    Justice Department is appealing the District Court's decision
    in the Fifth Circuit, but the Department has said that oil and
    gas leasing, both onshore and offshore, will continue in the
    meantime. So could you give me the current status of the
    leasing program? Is the pause still in place, or has leasing
    resumed as before?
        Ms. Daniel-Davis. Thank you very much, Mr. Chairman for the
    question and confirming that leasing, the leasing program
    onshore and offshore, is going forward per the court's
    direction.
        The Chairman. Also, are we producing as much oil and gas as
    we were before the pause?
        Ms. Daniel-Davis. I appreciate that follow up, and, in
    fact, we are. The production has stayed at levels consistent
    with past administrations, and, as you know, the pause did not
    impact ongoing permitting on legally held leases. So that has
    continued. The jobs associated with that have continued. So
    we've got about 9,000 plus permits available for use as well.
        The Chairman. The other thing, something that has bothered
    me more than any of them, is that the review of the leasing
    program was supposed to result in the release of a report
    earlier this summer. But that report, as you know, still has
    not been released. What is the status of the report?
        Ms. Daniel-Davis. Thank you so much for that question, Mr.
    Chairman. The report, as you know, is being developed as part
    of the comprehensive review that the President asked us to do
    under an Executive Order. We've had a really robust engagement
    process. There is a lot to review. Reports like this that come
    at the direction of an Executive Order do go through an
    appropriate interagency and White House review process, and
    that is where we are.
        The Chairman. So it is at the White House as far as
    reviewing the report that you all have, or is yours completed
    now?
        Ms. Daniel-Davis. Well, it is undergoing the interagency
    and White House review process, and, of course, there's new
    information that is developed that we can continue to review
    and include.
        The Chairman. Okay, and when should we expect it?
        Ms. Daniel-Davis. I'm hoping we'll be able to get it out
    the door very soon.
        The Chairman. Well, we are past summer, so that means in
    the fall?
        Ms. Daniel-Davis. Yes, sir.
        The Chairman. Well, we are going to be asking for it. We
    want to see that. It will really be helpful for all of us.
        Ms. Touton, we are fortunate that President Biden has
    chosen to place Western water policy in the hands of two former
    members of our committee staff, and we have a lot of interest
    in this, and they have dire need. I have plenty of water in
    West Virginia. We would love to be able to ship it out to you
    all any way we could, if we could get it there, but that is the
    deal. We will put that line in. That is one pipeline we can all
    agree on.
        I spoke earlier in my opening remarks about the number of
    dams and reservoirs the Bureau of Reclamation manages, but do
    you agree that the job of Commissioner of Reclamation is not so
    much about managing dams and reservoirs as protecting the water
    supplies that millions of Americans depend on?
        Ms. Touton. Thank you for that question, Senator. I agree
    with you completely that my time in service to the members of
    this Committee has best prepared me for this position. Though,
    I must say, this is the first time I've viewed the room from
    this angle.
        I agree with you. As a Westerner, as a Nevadan, there's
    nothing more important than your water and the management of
    your water supplies. The Bureau of Reclamation is the largest
    deliverer of water in the nation. And so, part of that is being
    able to utilize our significant infrastructure, but the most
    important part of managing your water supplies is working with
    your partners, with the states, with the tribes, and with all
    of the communities on this important resource in the West----
        The Chairman. I am sure you are aware of the critical
    situation that we have out West?
        Ms. Touton. Yes, Senator.
        The Chairman. Okay, and the people are in dire need. We are
    going to have Senators that will go more in depth on that, I am
    sure. But anyway, we appreciate your experience and willingness
    to serve.
        Ms. Bronin, if I may?
        If confirmed, you are going to be the 12th person to Chair
    the Advisory Council, but only the second to be confirmed by
    the Senate. That is because for over 50 years, the President
    was able to appoint the Chair without Senate confirmation. We
    changed the law five years ago to require Senate confirmation
    and make the office a full-time salary position in order to
    raise the stature of the office. I recognize that you are not a
    member of the Council yet, but from what you have been able to
    observe of the Council over the past five years, do you believe
    these reforms have made a difference?
        Ms. Bronin. First, thank you so much for doing that. It
    will make a big difference in the coming years to have a full-
    time Chair, and I think you did that as Congress in recognition
    of the fact that preservation, in addition to the full-time
    staff that already does a great job at the agency itself,
    really needs a full-time champion. The first full-time chair
    only served for 18 months, so I think we're still figuring out
    exactly what the responsibilities and opportunities there are.
    When Congress first passed the National Historic Preservation
    Act it recognized in the statute itself that preservation cuts
    across many different federal policy areas, including housing,
    energy efficiency, transportation, taxation, and more.
        So I look forward to seeing what we can do in this role
    together, working with agencies, working with Congress and----
        The Chairman. Well, all of us have areas in our state that
    have historic sites. And sometimes, I have been told, it costs
    more to preserve one than it would to raze it and start over,
    but then you lose the whole cultural effect. But does that ever
    come into play, where just the structure, the bones, are not
    good enough to save it? Do you get to make those decisions?
        Ms. Bronin. The Advisory Council doesn't play that kind of
    decision-making role. It's up to the individual agencies and
    their stewardship of historic properties to determine, but
    certainly you do see cases of demolition by neglect. And that's
    one of the reasons the Historic Preservation Act was passed in
    the first place back in the 1960s.
        The Chairman. That is great. Thank you.
        Senator Barrasso.
        Senator Barrasso. Thanks, Mr. Chairman.
        Prior to this hearing each of you swore under oath that
    your answers to the Committee's written questionnaire are
    current, accurate, and complete. So I am sorry to have to ask
    this, but would each of you verbally affirm that your answers
    to the questionnaires are actually current, accurate, and
    complete?
        [All nominees respond yes.]
        Senator Barrasso. Thank you.
        Any of you ever threaten the physical safety of federal
    officials verbally or in writing?
        [All nominees respond no.]
        Senator Barrasso. Any of you ever been affiliated or
    collaborated with an organization that uses violence against
    fellow Americans?
        [All nominees respond no.]
        Senator Barrasso. Ms. Daniel-Davis, a couple questions for
    you, and please respond briefly.
        On balance, is it better that we develop oil and natural
    gas resources on federal lands here in the United States than
    import oil from OPEC and Russia?
        Ms. Daniel-Davis. Thank you, Senator.
        The President believes in energy independence and energy
    security, and so do I.
        Senator Barrasso. So, on balance, is it better that we
    develop our oil and natural gas resources on federal lands than
    import it from OPEC and Russia? It is a yes or no.
        Ms. Daniel-Davis. Yes, sir, and the Secretary has
    clarified.
        Senator Barrasso. Okay, thank you.
        So, on balance, is it better that we develop critical
    mineral resources on federal lands than import critical
    minerals from China?
        Ms. Daniel-Davis. This is another issue the President has
    prioritized for us, yes.
        Senator Barrasso. Okay.
        On balance, is it better that we develop uranium resources
    on federal lands than import uranium from Russia or Kazakhstan?
        Ms. Daniel-Davis. Responsible development of minerals is
    important and appropriate.
        Senator Barrasso. On balance, is it better that we develop
    helium resources on federal lands than import helium from the
    Middle East or Russia?
        Ms. Daniel-Davis. The helium program is in transition,
    Senator, but yes.
        Senator Barrasso. Do you agree that the Department should
    not pursue policies that drive producers of these resources off
    of our federal lands and overseas?
        Ms. Daniel-Davis. I think we're strong supporters of
    responsible production of minerals on public lands.
        Senator Barrasso. So a follow up on Senator Manchin's
    question. Since the Federal Court's decision in June that said
    you had to stop this, has the Department actually issued any
    new notices for onshore oil and gas lease sales?
        Ms. Daniel-Davis. We have issued parcels. As you know, this
    is managed by BLM state offices, and they have each, where they
    have parcels available, have put them forward for scoping is
    where we are in the process.
        Senator Barrasso. So you have not really issued any new
    notices for onshore lease, specifically the sale?
        Ms. Daniel-Davis. No, sir. We are in the beginning of a
    review process associated with----
        Senator Barrasso. Well, I want to talk about that because
    in February a Federal Court blocked the Trump Administration's
    decision to reopen, you know, 10 million acres to hard rock
    mining. In response, the Bureau plans to reissue six-year-old
    environmental analysis, supports stopping hard rock mining.
    Separately in June, a Federal Court blocked the Biden
    Administration's oil and gas sales, which is what the focus is
    here. In response, the Bureau restarted its environmental
    analysis which had been completed just last year. So the
    environmental--and you said, no, if we are going to throw that
    out, all the money, all the time, everything that has been
    spent on these environmental analyses last year, tough. We are
    going to make you start over on oil and gas lease sales.
        In other words, your Bureau seems to be cherry picking its
    data to suit a political agenda by the Biden Administration.
    Now, you oversee the Bureau of Land Management. Why is the
    Bureau playing politics with the environmental review process
    under your current watch?
        Ms. Daniel-Davis. So thank you so much for that question,
    Senator. And I think it's really important to think about the
    process associated with oil and gas leasing, a process that
    ensures that we have relevant and appropriate and thorough
    environmental review, we have community input, we have
    appropriate formal consultation with tribes. And I think the
    way that we determined that we could be sure that all of those
    conversations and reviews happen because, I think, as you know,
    there's a lot of litigation around this program, and courts
    have found that in many cases the environmental review has not
    been adequate, and that has really impacted, in my view,
    certainty for the program and consistency. So we decided that
    the best way to be sure that we can provide that certainty and
    consistency and appropriate review is to start and have a fresh
    look and undertake the process.
        Senator Barrasso. Okay, so throw out all of the things that
    have been done in the past, block all the oil, offer no new
    lease sales, delay a report that Senator Manchin, as Chairman
    of the Committee, just asked about that we had been promised to
    be done through the summer. Still have not seen it. You said it
    is going to be here soon. We have heard that from other bureaus
    under previous administrations, and reports seem to be delayed
    indefinitely.
        Ms. Bronin, last December you wrote that we should rethink
    how we determine whose history is protected to begin with. The
    criteria, you said, and process for historic designation must
    be retooled. You suggested that oral histories, cultural
    narratives, and less technical descriptions of site meanings
    should suffice instead of what we currently require which is
    detailed architectural and social histories. I think you
    concluded your writing by saying preservationists have started
    to see past the formalities that have too long prevented us
    from recognizing diverse histories, but we must go further to
    tackle the legal structures that devalue the stories we all
    need to hear.
        So, if confirmed, how would you advise the President and
    Congress to reform programs like, I will give you a couple, the
    National Register of Historic Places, the Secretary of
    Interior's standards for treatment of historic properties, and
    even the federal historic rehabilitation tax credit?
        Ms. Bronin. Thank you so much for that question, Ranking
    Member.
        So I appreciate that, and if confirmed as Chair of the
    Advisory Council, our responsibility is to advise the President
    and Congress and other agencies about what opportunities they
    might have to change the rules. So you raised the Secretary's
    standards as one example. That is the standard that is used to
    judge historic tax credits. It's used on federal projects, and
    it could be modernized. It has not been modernized over the
    last couple of decades in any significant way to address
    current challenges, including disaster response which we're
    seeing a greater need for. As for the National Register, that
    too, the criteria have been in place for many, many years, and
    actually it's turned out to be increasingly expensive to get a
    property listed on the National Register. So in rural
    communities, underserved communities, you might need a little
    bit more flexibility, and that's one of the things that as
    Chair of the Advisory Council, I hope to convince my fellow 24
    members that that might be something that we look at and, of
    course, work with the Department of the Interior and the
    National Park Service to take a look and open up those
    criteria.
        Senator Barrasso. Thank you, Mr. Chairman.
        The Chairman. Senator Heinrich.
        Senator Heinrich. Thank you, Chairman.
        Ms. Daniel-Davis, as you know, the New Mexico delegation as
    well as our Governor and our Land Commissioner have really
    worked for years to protect the Greater Chaco Canyon landscape
    from development. I know that Secretary Haaland has been a
    great supporter of that effort over the years. While we
    continue to work on permanent protection here in Congress, I
    believe that protection through an administrative withdrawal
    would provide necessary and important interim protection as
    well as certainty. If confirmed, would you work with myself and
    other members of the New Mexico delegation to consider an
    administrative withdrawal of that area?
        Ms. Daniel-Davis. Thanks so much, Senator Heinrich, and I
    appreciated your letter on this topic. I do commit to working
    with you and members of the delegation on this matter, should I
    be confirmed.
        Senator Heinrich. Thank you.
        Ms. Touton, the Navajo Gallup Water Supply Project is the
    cornerstone of the Navajo water rights settlement on the San
    Juan River. I know you are very familiar with this project and
    its history. It has the capacity to bring drinking water to a
    quarter of a million people, many of whom have never had
    drinking water in their homes before. I think that is hard for
    most Americans to even wrap their heads around. But project
    redesigns and increases in expected costs mean that the
    spending cap and the deadline in the original settlement are
    likely to need to be extended.
        If confirmed, will you work with the Navajo Nation, the
    State of New Mexico, the Jicarilla Apache Nation, and the City
    of Gallup in New Mexico to come to an agreement between all
    these parties that facilitate the very important completion of
    that project?
        Ms. Touton. Good morning, Senator. It's good to see you
    today.
        Senator Manchin. Good to see you.
        Ms. Touton. As you mentioned, this project is something I'm
    familiar with and supporting it, its enactment, when you were
    in the House and I was part of the Natural Resources Committee,
    and it's amazing because, when we had the hearing on it, kids
    drew pictures of where they thought their water came from, and
    they thought it was trucks. I know that you were just there
    visiting our staff this summer and actually tasted some of the
    product in the pipes, and we're actually getting some water in
    people's homes is where American children should think their
    water comes from. So, if confirmed, I commit to working with
    you and our partners and the stakeholders in completing this
    important project.
        Senator Heinrich. I look forward to that.
        Ms. Daniel-Davis, I also want to ask you, the Bureau of
    Land Management is finishing work on the resource management
    plan for the Rio Puerto District in Central New Mexico. One
    decision at issue there in that plan is whether to open an area
    that is commonly referred to as the Buffalo Tract, in Placitas,
    New Mexico, to new gravel mining. Now it is an area where local
    residents, the Pueblos of San Filipe and Santa Ana, the San
    Antonio de las Huertas land grant, Sandoval County, the Town of
    Bernalillo, and a number of homeowners' groups all oppose new
    gravel mining because it is becoming so suburban and because of
    the natural values that this last track of undeveloped land
    has. If confirmed, will you ensure that these concerns are
    given the consideration they deserve in the BLM's final
    decision on whether or not to allow a gravel mine on the
    Buffalo Tract?
        Ms. Daniel-Davis. Thank you, Senator Heinrich, and we are,
    you know, this is one of the couple reasons we are taking a
    harder look at that resource management plan. I know that folks
    have been waiting for it for a while, but the issues that you
    raise are incredibly important, and I understand that this
    area, as well, we've had a lot of conversations about it and
    appreciate you raising it as well as, you know, the importance
    of the Chaco area as well.
        Senator Heinrich. Yes, and I, frankly, would rather get it
    right than rush it to a conclusion.
        Ms. Bronin, my last few seconds here I will direct to you.
    You know, every federal agency that takes an action that might
    affect historical objects or places has an obligation to review
    that action under the National Historic Preservation Act. But
    in my view, too often that review has been either perfunctory--
    it has been, sort of, a check the box and often does not
    meaningfully involve tribal communities, even when the
    historical or cultural resources at stake are directly related
    to those tribes. As Chair of the Advisory Council on Historic
    Preservation, how would it be possible to hold agencies more
    accountable to those obligations under the National Historic
    Preservation Act, especially when it comes to actions that
    directly impact tribes and tribal communities?
        Ms. Bronin. Thank you, Senator, for your question. So, as
    you point out, tribal consultation is an important part of the
    Section 106 review process. It's written into the statute and
    the regulations. The Advisory Council sees about 120,000
    federal undertakings every year, looking at handling all of
    those with a great, but small staff. So part of, so there's a
    few things that they're already doing. I mean, really, the
    Advisory Council's leadership in bringing tribes to the table
    has been recognized by other federal agencies. It's issued a
    series of, again, advice, advice memoranda on sacred sites, on
    traditional knowledge, and on other aspects of the government-
    to-government relationship which we have as the Federal
    Government with tribal nations.
        If I were confirmed as Chair of the Advisory Council, I
    would certainly continue to ensure that tribes are consulted
    early and often. It would be a very high priority to me,
    already working with the National Association of Tribal
    Historic Preservation Officers, advocating for increases in
    funding for those groups so that they can and meaningfully
    consult in an important way, in a meaningful way. These are
    things that the Advisory Council has long advocated for, and as
    its Chair, if lucky enough to be confirmed, I would certainly
    continue to do that because, frankly, it makes the process
    better for everybody, if everybody is given a meaningful chance
    to consult early, and we avoid a lot of issues later on.
        Senator Heinrich. Thank you, Chairman.
        The Chairman. Senator Daines.
        Senator Daines. Chairman Manchin, thank you.
        And to start I'd like to extend a warm invitation to all of
    you, if confirmed, to come out to Montana to see firsthand the
    impact of decisions that are made here in Washington, how it
    affects rural states like Montana. These decisions include the
    continued ban of oil and gas lease sales in Montana, which is
    something I am very concerned about. Despite a federal judge
    telling the Biden Administration to resume leasing, we are now
    nine months into the year, and not one of the four required
    lease sales has commenced, not a single one. This is having a
    real and direct impact on Montana, our jobs, our revenue for
    our communities, and for our state. In fact, rural communities
    in Montana receive 50 percent of the revenue generated from
    federal oil and gas lease sales. So when this Administration
    continued to skirt the law, it means that Montana schools, our
    teachers, our communities receive less money, and that is
    unacceptable.
        Ms. Daniel-Davis, I know that you had a direct role in the
    leasing moratorium, and I hope you will resume leasing, as is
    required by law, immediately.
        With that said, I want to move on to another important
    issue for the country, and that is domestic critical mineral
    production. Ms. Daniel-Davis, the Biden Administration has a
    goal to move the U.S. to all-carbon-free electricity by 2035.
    Yet, despite this, President Biden and our House Democrats have
    taken every step, every step they can, to make it harder to
    domestically produce the raw materials needed to build new
    energy and storage solutions. As you know, batteries, turbines,
    solar cells take huge amounts of critical minerals and
    materials, but in this current tax and spend bill being written
    in the House, there are dozens of provisions that would halt
    current and future domestic mining, meaning we will be
    dependent on countries like China for the vast majority of the
    materials we need to build new energy sources. These anti-
    mining policies, they kill jobs in Montana, and they will
    further intensify the growing national security threat posed by
    our import dependence for these critical minerals.
        My question is this, if confirmed, what steps will you take
    to increase domestic production of critical minerals to meet
    the demand for this new renewable energy?
        Ms. Daniel-Davis. Senator, thank you so much for that
    question. And it's nice to see you.
        The President has made it clear to all of us that critical
    minerals development and production is a priority for the
    country. There were, I'm sure you saw a series of reports that
    were released earlier in the summer that went to this point. I
    want to say how much I appreciate the support this Committee
    provided in the bipartisan infrastructure bill for critical
    minerals-related activities, research and likewise at USGS,
    which would not be under this position, but will be very
    important to determining, helping us do a better job.
        Senator Daines. Let me ask a specific question.
        Ms. Daniel-Davis. Yes, sir.
        Senator Daines. What is the Administration doing then to
    try to bring some sense to what is going on in the House at the
    moment with all these provisions that would do the exactly
    opposite of what you just talked about?
        Ms. Daniel-Davis. So I do know, with the reconciliation
    bill that it's a process that's ongoing. There are a lot of
    ideas being put forward with regard to reform. I know the
    Administration looks forward to continuing. This is an ongoing
    process.
        Senator Daines. You have said they are doing all they can,
    yet where is the Administration at now when we need them to
    rein in these very radical provisions that are being promoted
    by the House Democrats?
        Ms. Daniel-Davis. So, Senator, all I can do is reconfirm to
    you that the critical minerals issue is a priority for me and
    that I do work directly with the BLM offices and the BLM
    leadership to be sure we understand what's coming in the door
    and how we can responsibly manage that permitting.
        Senator Daines. No, I appreciate your voice there. Do you
    think the United States should rely on China? I think China
    becomes the new, you know, OPEC, if you will, as it relates to
    critical minerals and that important supply chain. These are
    countries that have terrible environmental standards, terrible
    labor standards, or do you think the U.S. should be the global
    leaders in critical mineral mining and production?
        Ms. Daniel-Davis. I believe that's the President's
    position, and I do support and appreciate that he has
    prioritized that for me and other appointees, and, should I be
    confirmed, I commit to you I'll continue to work on this issue.
        Senator Daines. Thank you, appreciate that.
        In the time I have left I want to talk about what President
    Biden has done where he issued a proclamation calling for
    increased utilization of the Wilderness Act. Ms. Daniel-Davis,
    he did this at a time when catastrophic wildfires were
    threatening populations across the West. He did this under the
    guise of the 30 by 30 initiative. I'm advocating we refocus
    this initiative on pursuing healthy landscapes not ambiguous
    land statutes.
        Ms. Daniel-Davis, why would the Administration call for an
    increased use of the Wilderness Act, something that is under
    the sole jurisdiction of Congress, as part of the 30 by 30
    initiative, and should we expect this to be the direction of
    the Administration as they pursue this initiative?
        Ms. Daniel-Davis. Senator, thanks so much for that
    question, and I just want to, I want to pick up something that
    you said and say that the healthy forests and healthy lands is
    my priority and will continue to be my priority, if I'm
    confirmed. As far as the 30 by 30 or America the Beautiful
    initiative, it's really meant to be inclusive, and it's not all
    about federal lands. It's about, you know, tribal conservation
    interests and state and local interests, but I really want to
    reiterate to you with regard to wildfires and land and forest
    health. I think that's important to prioritize. I appreciate
    the work you did on the fire fix a few years ago. It has made
    it, the BLM and Forest Service, as far as I'm told, are able to
    much better prioritize, you know, appropriate treatments and
    management of those lands.
        Senator Daines. Thank you.
        Thank you, Mr. Chairman.
        The Chairman. Thank you, Senator.
        Senator Cortez Masto.
        Senator Cortez Masto. Thank you, Mr. Chairman.
        Congratulations to the nominees. Welcome to your family
    that are both here and joining us virtually.
        Let me start with Ms. Touton. Yes, we are going to start
    with and talk about water in the West, because as you well
    know, it is an important issue we are dealing with right now.
    On August 16th, the Bureau of Reclamation released the Colorado
    River Basin August projections, which, as you know, are used to
    set annual water allocations for both Lake Powell and Lake Mead
    for next year. And as expected, the Bureau of Reclamation
    declared a Tier 1 shortage condition for Lake Mead. Under those
    conditions, the associated water allocation includes cuts for
    the lower basin that would be implemented in January 2022.
        Ms. Touton, what does this shortage mean for the Western
    states, and, if confirmed, how will you go about working with
    the Colorado River basin states to mitigate drought and adapt
    to water reductions?
        Ms. Touton. Thank you for that question, Senator.
        First, I'd like to thank your leadership in getting the
    Drought Contingency Plan (DCP) enacted last Congress because
    that was a tool that we were able to use that builds upon
    existing agreements within the states and utilize it as soon as
    it is enacted to help shore up the levels in Lake Mead and Lake
    Powell, and those efforts and while we've declared our first
    shortage in the river, the efforts that we've taken under DCP
    have stopped a shortage from happening sooner. But what's
    important is while we have this declared shortage, the first
    one in the Lower Colorado River Basin, it's also the first
    shortage that Mexico is taking under our treaty. It is
    something that we've planned for. And so, in moving forward and
    how we operate within the, until 2026, we commit to working
    with you and certainly commit to working with the states and
    all stakeholders that are interested in the Colorado River.
        Senator Cortez Masto. Thank you.
        Just recently, if passed, the Senate's Bipartisan
    Infrastructure package would invest $8.3 billion in Western
    water infrastructure, including $450 million that I was able to
    include to create large-scale water recycling facilities, plus
    $300 million to implement the Drought Contingency Plan. Can you
    talk a little bit about how the BOR is utilizing these existing
    drought authorities and how you will utilize these funds in the
    future?
        Ms. Touton. Thank you for this Committee's support of, be
    it the Bureau of Reclamation as part of that infrastructure
    plan. The $450 million in large-scale water recycling is a tool
    that helps us to build resiliency because every drop of water
    that we can conserve or reuse is a drop of water that we can
    keep behind our reservoirs, especially the $300 million in
    drought contingency planning and us being able to partner with
    the states to take on more conservation efforts and more
    programs where we can help to shore up these critical levels at
    Lake Mead and Lake Powell. And, if confirmed, I commit to
    working with you and all members of this Congress to ensure
    that those provisions and all of the provisions in the
    infrastructure bill.
        Senator Cortez Masto. Thank you.
        The Administration recently launched an Interagency Drought
    Relief Working Group. Can you share with the Committee the
    near-term actions that the working group plans to take?
        Ms. Touton. Thank you. The Drought Interagency Working
    Group is chaired by the Department of Interior and the United
    States Department of Agriculture. And it's important because it
    brings our resources, both financially and technical, to target
    specific areas. A good example of that this year is us, the
    Bureau of Reclamation, bringing our resources to the Klamath
    project, being coupled with the resources of the Department of
    Agriculture. And so it's just a good form and opportunity where
    we can really target areas that need assistance and bring the
    full weight of the Federal Government behind that.
        Senator Cortez Masto. Thank you.
        And then, Ms. Daniel-Davis, thank you for taking the time
    to speak with me over the phone. In recent years, the BLM has
    spent an inordinate amount of time and resources offering vast
    acreages for oil and gas development on lands where the oil and
    gas industry does not really have any development interest and
    on lands that have little to no potential for development.
    Making these lands available for leasing only fuels the
    speculation industry, and it really wastes BLM resources while
    locking up the land from being managed for other purposes, like
    wildlife habitat preservation, outdoor recreation, or grazing.
    So I introduced the End Speculative Oil and Gas Leasing Act
    that would prohibit BLM from offering leases on lands
    determined to have low-or-no drilling potential. Do you think
    Interior should reevaluate the policy when it comes to allowing
    these low-potential lands to be utilized and available for oil
    and gas leasing?
        Ms. Daniel-Davis. Thank you so much for that question,
    Senator, and I'm familiar with your bill, and I appreciate the
    points you're raising and I do agree. I think that having lands
    that have a low potential available through the leasing program
    does lead to speculation. I think it is burdensome for BLM
    employees in terms of the review that's required. One other
    important issue I would raise is that we see in studies from
    the GAO that these too are lands that are not typically timely
    produced and such.
        So your, the return to the taxpayer that might otherwise be
    available as lands go into production and revenue is produced
    that's then shared with states, as you know, for some
    conservation programs, you don't get there. And I think that's
    really important as well because that's, sort of, one of the
    signal priorities for the Administration is to be sure that
    this oil and gas leasing program provides a fair return to the
    taxpayer. I think that's lacking too, and I appreciate and I
    think you're on the completely right track on this issue.
        Senator Cortez Masto. Thank you. I know my time is up. I
    will submit the rest of my questions for the record for the
    nominees.
        Thank you, Mr. Chair.
        The Chairman. Thank you, Senator.
        Senator Hyde-Smith.
        Senator Hyde-Smith. Thank you, Mr. Chairman, and thank you
    to our witnesses willing to testify and participate in this
    process today, and if you are confirmed, your energy, going
    forward, is certainly appreciated and admired.
        My question will be for Mrs. Daniel-Davis. As we have
    already discussed and most of us aware of, federal onshore and
    offshore oil and gas leasing has been under attack from the
    Biden Administration moratoriums. For offshore leasing there is
    still more to be done in order to fully comply with the Outer
    Continental Shelf Lands Act and to ensure that the five-year
    plan is completed before a quickly approaching deadline that we
    have discussed. The Gulf of Mexico is vital to our nation's
    energy security by providing approximately 20 percent of
    America's oil and natural gas production. Given the detrimental
    impact that pausing offshore oil and gas leasing has for Gulf
    Coast states, such as Mississippi and the nation, how do you
    view the Gulf of Mexico in terms of American oil and gas
    production now and in the future?
        Ms. Daniel-Davis. Thank you so much, Senator, for that
    question.
        And I do want to note and as you know that leasing has
    moved forward with the next Gulf lease sale, and what we have
    also seen is that, with regard to activity in the Gulf, that
    production has continued at historic levels, you know,
    sometimes higher, sometimes lower than we saw in the previous
    Administration, and I think it is certainly accurate that the
    Gulf of Mexico oil and gas activity is, sort of, the focus of
    offshore activity in America, and I think I'll, sort of, refer
    to what the Secretary said one of the times or maybe more than
    one of the times she appeared here that oil and gas is going to
    remain a part of our economy for some time.
        Senator Hyde-Smith. Thank you.
        While serving as Chief of Policy and Advocacy at the
    National Wildlife Federation you stated, ``The wildly popular
    Land and Water Conservation Fund is America's most successful
    and effective tool for keeping nature and wildlife within reach
    for millions of Americans.'' As I am sure you are aware of, the
    primary source of revenue for the Land and Water Conservation
    Fund (LWCF) is from federal oil and gas leases on the Outer
    Continental Shelf. If confirmed, how do you intend to ensure
    continued funding for important conservation efforts like LWCF
    when moratoriums restrict energy production and correlating
    royalty payments to the Federal Government?
        Ms. Daniel-Davis. Thank you, Senator, and I stand by those
    words and really, and the importance of the Land and Water
    Conservation Fund and, you know, making wildlife and special
    places available for our kids and grandkids. We have resumed
    leasing and you know, permitting and production has stayed of
    pace. So I'm not aware of any impacts to revenue with regard to
    those programs or, of course, you know, revenue that goes to
    the states. I know those programs and, you know, with leasing
    having resumed and production ongoing, I think we're positioned
    well to support those programs.
        Senator Hyde-Smith. And my third question, as my time is
    dwindling. Congress enacted the Outer Continental Shelf Land
    Act primarily to facilitate the Federal Government's leasing of
    its offshore mineral resources and energy resources. In this
    law, Congress stated expressly that offshore resources should
    be made available for expeditious and orderly development. What
    assurances will you give us that the Bureau of Ocean Energy
    Management will not impose burdensome stipulations that make
    new leases economically unfeasible and therefore, effectively
    unavailable for development contrary to clear Congressional
    intent?
        Ms. Daniel-Davis. Thank you much, very much, Senator. And I
    think what I would say is that, you know, what my management
    approach is to be always be sure that the actions that I'm
    taking and that bureaus are taking but I might be overseeing
    are in compliance with the law--as you know, has a very complex
    set of factors that get taken into account, and they, sort of,
    point you toward consideration of a lot of different equities,
    you know, including, you know, development appropriateness, you
    know, where the resource is, consideration of, you know, marine
    wildlife, marine habitat, community engagement. So I, what I
    like to think of, when I think of that program is that to be
    sure that in the conversations that I'm having with the Bureau
    of Ocean and Energy Management and with the Bureau of Safety,
    Environmental Enforcement on the permitting side, that they are
    taking all of that into consideration and following the law.
    And I, my sense is that that's very much where those bureaus
    are every day, moving forward with implementing the law.
        Senator Hyde-Smith. Thank you for that.
        Thank you, Mr. Chairman. Madam Chairman.
        Senator Cortez Masto [presiding]. Thank you.
        Senator Cantwell is recognized.
        Senator Cantwell. Thank you, Madam Chair.
        And again, congratulations to all the nominees. Ms. Touton,
    thank you for your hard work on the Yakima Basin Integrated
    Plan and for understanding a holistic approach to water issues.
    Obviously, these past few years have gotten everybody focused
    on the fact that we have a warmer but wetter environment. For
    us that means less snow pack and that means, even for us in a
    state that is 70 percent reliant on hydropower, that you have
    to do something else. If it is not going to be stored on top of
    the mountains, where is it going to be stored? So aquifers, I
    believe, are one of the things that could help us. Senator
    Risch and I created a program in the bipartisan infrastructure
    bill that would allow the Bureau of Reclamation to help states
    manage aquifers through aquifer recharge and developing
    alternative water sources.
        Can you talk about what you think that might do for the
    West? Are you supportive of this language, and what do you
    think aquifers can really do in helping us with this changing
    environment?
        Ms. Touton. Good morning, Senator. It's good to see you
    again.
        I learned from you that it's important to look at water
    storage, both at the surface, but also at groundwater storage.
    And one of the things that we looked at, that we completed just
    this summer was EL 47.5 (East Low Canal 47.5) which is an
    important pump station for the Odessa Sub Aquifer Partnership
    we have with Washington State Ecology to bring more resiliency
    to that system and less reliability and management of, less
    reliability on groundwater, but a co-management of groundwater
    and surface water. And so thank you for your support in those
    provisions in the bipartisan infrastructure framework.
    Washington State has been the model in being able to use
    groundwater and surface water.
        And, should I be confirmed, I look forward to working with
    you to enact that.
        Senator Cantwell. So I take it you support the aquifer
    provisions.
        Ms. Touton. Yes, Senator.
        Senator Cantwell. I mean, to me this seems like a layout.
    This seems like it, but again, for a state with a lot of
    snowpack and a hydroelectric system. So we are very keen on
    what we can do, too, on those resources. Do you think that
    these kinds of programs hold value for other states as a very
    cost-effective, simple way to help us with, again, what the
    scientists are saying are warmer and wetter conditions?
        Ms. Touton. I certainly think that other states could
    utilize this authority to be able to manage their water
    resources.
        Senator Cantwell. Okay. And what do you think that we need
    to do on the holistic front to stimulate more of what was so
    amazing on the Yakima Basin? These are people that literally
    chose not to go the legal route and fight each other for
    decades but instead chose, even though they were at varying
    viewpoints and oftentimes in conflict with each other, chose to
    work together, collaboratively, and came up with a more
    holistic approach. What else do we need to be doing to
    encourage that holistic approach?
        Ms. Touton. The Yakima Basin Integrated Plan is the model
    for the West. It balances the needs of agriculture along with
    the restoration of the largest salmon run in the continental
    United States and values the cultural significance of the
    Yakima Nation. And so, moving forward we need to be able to
    support these types of activities that look at agriculture,
    that look at ecosystems, that look at cultural resources and
    move those forward. That is a provision that you worked on,
    that was worked on in the House with Congressman Newhouse. And
    so, if confirmed, I look forward to working with you in
    implementing that, but also, that type of model across the
    West.
        Senator Cantwell. Thank you.
        Thank you, Mr. Chairman.
        The Chairman [presiding]. Thank you, Senator.
        And now we have Senator Marshall.
        Senator Marshall. Okay, thank you. Thank you, Chairman, so
    much.
        My first question is for Ms. Bronin. The Chisholm Trail
    started in 1885. It originated in the Red River Station in San
    Antonio, Texas. It weaved through Texas and Oklahoma and
    through some famous cattle cities in Kansas, including Dodge
    and Wellington and Wichita and Ellsworth, and then it ended at
    a railroad head in Abilene, Kansas, the home of our 34th
    President, Dwight David Eisenhower. Additionally, not one but
    two films staring John Wayne were made about the Chisholm
    Trail. And it would be my humble opinion that any trail which
    John Wayne made two movies about deserves to be on the National
    Historic Trail. We just wondered if you would help us support
    that project?
        Ms. Bronin. Senator, that sounds like a very fun activity
    to be doing as Chair of the Advisory Council, and certainly my
    son and husband, who love these kinds of movies who are here
    today with me, would agree that it would be something that I'd
    be happy to work with your office to consider putting on that
    list and I appreciate the question.
        Senator Marshall. Well, that is great. A 1948 movie and a
    1970 movie by the Duke has to be on everyone's watchlist. So I
    hope you enjoy them.
        [Laughter.]
        Senator Marshall. My next question for Ms. Daniel-Davis. I
    am looking for a simple yes or no here. Do you agree that
    public service is a public trust?
        Ms. Daniel-Davis. Yes, Senator.
        Senator Marshall. I am glad you agree. It is important for
    the public to be able to trust their appointed officials in
    government and looking out for the public interest. When
    appointees work on issues that they have advocated for on
    behalf of private groups in the past, it erodes the public
    confidence that appointees can separate themselves from their
    previous work. A recent E&E (Environment & Energy Publishing)
    news article discussed BLM's Deputy Director of Policy concern
    about an IG investigation to whether political appointee at DOI
    has violated ethic laws while working on issues pertaining to
    Alaska, raised my concerns on these important ethical
    requirements are being ignored and not taken as serious as they
    should be.
        Ms. Daniel-Davis, have you ever sought or plan to seek a
    waiver or impartiality determination pertaining to your former
    employer?
        Ms. Daniel-Davis. Thank you, Senator, for that question,
    and I have been guided every step of the way since I rejoined
    the Department in January by our ethics official. I am formally
    recused from my interactions with the National Wildlife
    Federation, and, moreover, I just want to be sure that you know
    and that everyone knows that the Secretary has made it very
    clear to all of us, her expectations that we will be regularly
    engaged with the ethics lawyers and follow their advice
    carefully.
        Senator Marshall. And then, as a supervisor, is it your
    responsibility to ensure that employees under you understand to
    take ethics requirements seriously?
        Ms. Daniel-Davis. Yes, sir.
        Senator Marshall. Okay.
        I want to talk about energy policy for a second. In
    listening to some of your answers to Ranking Member Barrasso
    about, you know, the goals of energy policy. And if I
    paraphrase, I thought I heard you say that you think energy,
    American energy independence is a good thing. If we look at
    where we are right now in America, that we are importing more
    oil from Russia than Alaska, that we are asking OPEC to make
    more oil, that the price of gasoline is up, I do not know, 40
    percent, I would suppose, since this Administration took over.
    Would you think that--what from the policies, White House
    policies, has driven those results?
        Ms. Daniel-Davis. I think I'm probably most comfortable
    talking about the Department of the Interior and what we're
    doing there and of course, the President did ask us to
    undertake a comprehensive review of the oil and gas leasing
    system, be sure that it was providing a fair return to the
    taxpayer and that also it was accounting for climate cost. I
    think it's really important that we undertake that review, the
    program. There have been a lot of reviews over the years,
    independent reviews from the GAO, from our own IG that suggest
    that the program could use some modernization both on the
    physical terms and in how it undertakes environmental reviews.
    And that's really what we're focused on, and I think it, I
    would hope and imagine, that any type of modernization would
    improve the program and its engagement with----
        Senator Marshall. Okay. One more quick question in my time
    left here. When we compare mining minerals in the United States
    versus China, apples and apples as best you can, is there a
    difference in the environmental impact the way China mines
    minerals versus the standards and the environmental impact of
    mining minerals in the United States?
        Ms. Daniel-Davis. So I think the President's charged us to
    develop critical minerals in a responsible fashion that takes
    into account the environment, the laws, community input, and
    that is what we are seeking to do.
        Senator Marshall. Thank you, Chairman. I yield back.
        The Chairman. Thank you, Senator.
        Now we have Senator Hickenlooper.
        Senator Hickenlooper. Thank you, Mr. Chair.
        I first want to thank everybody for your public service and
    your willingness to go through, not just this hearing, but to
    dedicate your lives and the next few years to public good.
        Ms. Touton, I wanted to just first start and say that I
    have two letters that I would like to submit to the
    Congressional Record. Both are in support of you for
    Commissioner of Reclamation. The first comes from the Southern
    Ute Indian Tribe in Colorado, the second from the Southeastern
    Colorado Water Conservancy District. Both speak incredibly
    highly of the public service work that Ms. Touton has done, her
    mastery of complex Western water issues that defy any rules of
    complexity, and her unique ability to work with diverse parties
    toward productive solutions. And she has a long record of
    success. My staff has shared electronic versions with the
    Committee, and I certainly hope Committee members get a chance
    to look at these, and I appreciate your including these in the
    record.
        [Letters of support for Ms. Touton follow:]

    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

      Senator Hickenlooper. Ms. Daniel-Davis, last week we saw
    the BLM's long-awaited announcement on its headquarters, and
    the announcement of a second, regional headquarters out West. I
    think this helps ensure that Westerners are going to have a
    direct say in how the Federal Government oversees much of that
    Western land. But I think it is important that leadership be
    out there and reside in that Western headquarters. So I wanted
    to ask you whether you could just speak for a moment. I realize
    that the appropriators are going to have a large role in this,
    but can you speak to the value you see for the Western states,
    the country, and for BLM in having some senior BLM leadership
    located out in Grand Junction, Colorado?
        Ms. Daniel-Davis. Senator, thanks so much for asking that
    question, and I really appreciated your engagement and input in
    the conversations we've had on this issue, and I think, as you
    know, the Secretary has asked us to prioritize both the
    functionality of BLM, which was really impacted by a
    reorganization that led to literally hundreds of personnel
    departing the agency and the promises of job creation in Grand
    Junction were not realized. So I think in our analysis and our
    process where we talked to a lot of employees, we talked to
    many, many stakeholders, including in Grand Junction. I heard
    the Secretary was there with you on a visit, and we undertook
    formal tribal consultation. I think we were trying to
    understand how we could best help the Bureau to be successful.
    We ask it to do an awful lot.
        As far as the Western headquarters in Grand Junction, I
    think we agree that we want it to be a robust presence there.
    That's very important. We want it to grow and agree that we
    should have senior BLM leaders there. As you point out, we have
    yet to progress but hope to start soon the formal reprogramming
    process with the appropriators. I hope that we'll stay engaged
    with you and the rest of the delegation in talking about this,
    but I think we're in agreement about what that--we want it to
    be a robust Western headquarters while at the same time feeling
    that it's important that BLM have its key leadership also in
    Washington along with the rest of the other land agencies.
        Senator Hickenlooper. Absolutely. The Secretary is now
    legendary in Colorado because when she came to visit, she not
    only showed up in advance in very small towns, but she stayed,
    and that was noticed and reported all over the state. I do not
    think we have seen a Cabinet Secretary go out into the
    community in the same way that she did and really listen to
    people. So very impressive.
        I will finish with this. I think it is a value, not just to
    Colorado but to all the Western states, to have a Deputy
    Director there. I know at one point there was some discussion
    about a third Deputy Director being created and looking at
    things like conservation, land management, and the relationship
    with the tribes as a possibility.
        Now just quickly, Ms. Bronin, I could not help but note
    that you are an Advisor to the National Trust for Historic
    Preservation. A little known fact in my previous life is that I
    took historic buildings and turned them into brew pubs. And in,
    I think it was 1997, I got the national award of honor from the
    National Trust for Historic Preservation. I saw that you were
    an advisor to that, and I just wanted to ask you a question as
    to the role of historic preservation in economic development.
    You only have about 10 seconds, so we will give you an extra 10
    seconds, if the Chair will allow you to run over just a little
    bit.
        Ms. Bronin. Thank you, Senator. And yes, I'm familiar. It's
    not a little-known fact with the way that you transformed
    downtown Denver through your conversions and including, I
    believe, the use of the federal historic preservation tax
    credit----
        Senator Hickenlooper. Absolutely.
        Ms. Bronin [continuing]. In your projects.
        Preservation has a significant role in economic
    development. You see that through the tax credit and, as I
    mentioned in my opening remarks, $173 billion in private
    development. You see that in the jobs that have been created.
    You see that, again, just looking at the federal tax credit
    alone, not even counting state tax credits, the creation of
    172,000 units of low-income and moderate, affordable housing.
    So besides the rehabilitation jobs, besides the jobs that your
    projects and others around the country have created, we see
    heritage tourism being a tremendous force already, one that is
    increasingly jeopardized by disaster response issues that I'm
    happy to talk about maybe later. But this is something that we
    need to protect. It's something that our laws need to protect,
    and it's something that, as Chair of the Advisory Council, I
    hope to ensure that we're looking at from all angles to ensure
    that private investment continues.
        Senator Hickenlooper. Thank you. Thank you very much. I
    yield back.
        The Chairman. Thank you, Senator.
        And now we have Senator Lee.
        Senator Lee. Thank you, Mr. Chairman.
        Ms. Daniel-Davis, I'd like to start with you, if that is
    alright. I am looking forward to seeing the results of your
    review of the oil and gas leasing program. One of the things
    that I am concerned about is, I want to make sure that certain
    actions are not undertaken that could end up inhibiting bidding
    to a degree that would essentially amount to a de facto ban.
    Would you agree that that sort of thing can happen if you
    increase burdens on the program sufficiently, you could end up
    with a de facto ban? For example, if developers do not have
    adequate time to develop under the terms or if you add enough
    reviews to slow down the process even further, if you raise
    royalty rates above market, at some point you could see these
    factors combining enough to the point you would have a de facto
    ban, couldn't you?
        Ms. Daniel-Davis. Senator, I'm always hesitant to comment
    on market factors. I think what I would say is that I think
    that the process of review as--with oil and gas leasing is
    important, you know, and for the onshore program, you know, you
    have a program where royalty rates haven't been raised in 100
    years. So, you know, those kinds of fiscal underpinnings which
    have been looked at carefully by the GAO and our own IG, are
    things that we are looking at.
        Senator Lee. Yes, I understand that, and I appreciate that,
    and I appreciate your commitment to doing it and to being
    thorough, and I understand that you cannot forecast now what
    the conclusions are going to be. I am just asking a more
    theoretical question, at some point you could add to the
    regulatory obligations attending it to the point that you could
    end up really chilling activity or even thwarting it. In
    theory, if somebody raised the royalty rates high enough to
    make it not economical, for example.
        Ms. Daniel-Davis. Yes, I think, I mean, the main thing that
    I'm concerned about is that we are providing a fair return to
    taxpayers for the use of what's a shared, public resource. So I
    think if we're fair and balanced in our approach and what we're
    looking at and include conclusions we reach, I don't, I know
    that state royalty rates are significantly higher. So I think
    if we're careful and fair in our analysis and conclusions we
    draw, I'd expect that activity will continue.
        Senator Lee. Okay, so in that case you can commit that
    federal leasing and development will continue and that changes
    to the program will not be put in place to make it uneconomical
    to continue.
        Ms. Daniel-Davis. I think, as you know, we talked about
    we're still in the process of review, and we are, again, we're
    looking at a lot of different aspects of the program from, you
    know, the fiscal aspects to transparency issues to compliance
    with environmental laws and accounting for climate impacts. And
    we are in the middle of that review. We hope to complete it
    very soon.
        Senator Lee. But you are willing to commit that you are not
    going to deliberately make it uneconomical by virtue of
    regulatory restrictions?
        Ms. Daniel-Davis. I think that that's not the purpose of
    our process at all, no.
        Senator Lee. Now, in conducting the review of the oil and
    gas leasing program, has the Department assessed or will it
    assess what potential changes to fuel prices that new
    regulations might bring about? And, if so, can you talk to us
    about what your findings were on that?
        Ms. Daniel-Davis. Yes, thank you, Senator. And I, you know,
    again, I'm not, you know, really in a position to talk about
    findings or conclusions. We've tried to undertake a really
    comprehensive review, have talked directly to industry, many,
    many other stakeholders, tribal consultation, you know, state,
    state officials and, again, are trying to, you know, complete a
    comprehensive review that takes into account, you know, all of
    the factors associated with the program, many of which you've
    just mentioned.
        Senator Lee. Okay and that is great that you are willing to
    consider them. Again, consistent with my earlier questions that
    dealt specifically with the need to not add regulations, I
    would hope that that would be a factor you'd take into account.
    If the cumulative burden of the regulatory obligations that are
    placed on there by the government, taking into account
    fluctuations in fuel prices, I hope those things could be taken
    into account and that you'd be willing to share your findings
    on that when you do get to a conclusion.
        Ms. Daniel-Davis. Senator, if we do undertake a regulatory
    process, that kind of analysis is going to be very, very
    important.
        Senator Lee. And then, finally, will comments submitted to
    the Department of the Interior on the Department's review of
    the oil and gas program ever be made public? And if so, when?
        Ms. Daniel-Davis. Thanks for that follow up.
        And our intention, again when the process is complete and
    the report is made public, we do intend to make comments public
    that we've received, yes.
        Senator Lee. Great. Thank you.
        Thank you, Mr. Chairman.
        The Chairman. Thank you, Senator.
        And now we have Senator Kelly.
        Senator Kelly. Thank you, Mr. Chairman.
        This first question is for Ms. Touton. It is good to be
    speaking with you again. As you stated in your testimony, the
    Interior Department recently announced its first ever drought
    restrictions on the Colorado River. These cutbacks hit Arizona
    the hardest. We expected that. Beginning next year, Arizona
    will lose 18 percent of our Colorado River water supply, and we
    get 40 percent of our water from the Colorado River. So
    fortunately, Arizona is prepared for these initial cutbacks
    under the Drought Contingency Plan that Congress authorized in
    2019. DCP funds drought mitigation projects that help states
    absorb these Tier 1 shortages, and last month we passed, in the
    Senate, the bipartisan infrastructure bill. It fully funds the
    DCP and provides another $8 billion to repair our aging Western
    water infrastructure. It also promotes water recycling and
    water storage projects as well as desalination. We worked very
    hard to get that funding included.
        So, if confirmed, how quickly do you feel that Reclamation
    can get this assistance out to Arizona?
        Ms. Touton. Good morning, Senator.
        First, as an engineer, it's amazing to be represented as
    someone with a technical background, like yourself, though my
    projects are stationary and yours are literally out of this
    world. Regarding how quickly we can get that assistance out.
    First, this year, we want to commend the State of Arizona and
    all of your stakeholders and your constituents for what they're
    doing, recognizing what next year might look like.
        So we reprogrammed roughly $100 million for assistance this
    year, including an additional $20 million for DCP and $7
    million to complete the 242 half-wells in Arizona to help bring
    water online as early as next year. But the bipartisan
    infrastructure framework is a completely different level of
    investment in the Bureau of Reclamation, and should it be
    enacted into law, Senator, I commit to working with you, if
    confirmed, in moving those resources as expeditiously as
    possible.
        Senator Kelly. Well, thank you.
        Lake Mead, as of this week, is at about 1,066 feet above
    sea level. So it is Tier 1. If it gets down to 1,050 feet, then
    we wind up in Tier 2 with further cutbacks not only affecting
    Arizona but some other states as well. So this funding in the
    bipartisan infrastructure bill is what we need. We have not
    seen a drought like this, as you know, in centuries. We are 20
    years into this now, and it is impossible to predict what is
    going to happen here in the future.
        So even with help from the DCP, farmers in Central Arizona,
    primarily in Penal County, will see cutbacks in water
    deliveries. Most of these farms are the main source of feed for
    dairy cattle, which is the largest agricultural commodity in
    our state. What assistance can Reclamation provide to help
    farmers in Central Arizona?
        Ms. Touton. Thank you for that question.
        First, we have an amazing team in Phoenix in our area
    office who are engaged with your constituents, specifically the
    Penal County farmers on a weekly, if not daily, basis on
    technical assistance. A part of our reprogramming was also
    Drought Relief Act funding that we've made available that
    certainly those farmers can also apply for. And finally,
    investments in WaterSMART that they can also apply for which
    was also included in the bipartisan infrastructure framework is
    another assistance. And finally, projects like completing 242
    half-wells bringing real water when it's needed.
        Senator Kelly. Most of those WaterSMART grants tend to go
    to California. It would be nice to see some equity there in how
    they are distributed, based on need. So hopefully, if
    confirmed, you can take a close look at that because Central
    Arizona is, as far as Tier 1 of the Drought Contingency,
    Central Arizona farmers are really feeling it the most. So
    thank you, and I yield back.
        Ms. Touton. Thank you, Senator.
        The Chairman. Thank you, Senator.
        Now we have Senator Lankford.
        Senator Lankford. Thank you, Mr. Chairman. Thank you to all
    of you and your families going through this process that you
    are going through.
        Ms. Daniel-Davis, I want to be able to just bring up a
    statement on something. You will be leading the area that has
    oversight of the Office of Surface Mining and Reclamation. That
    is important to us in Oklahoma in a whole new way because after
    the McGirt decision, which I am sure you are very familiar
    with, the State of Oklahoma, the tribes all received a letter
    from the Office of Surface Mining and Reclamation that
    surprised everyone that it came in redefining a section of
    McGirt that is a criminal decision that also moved to a
    regulatory issue.
        Now I have engaged with the Solicitor's Office to see what
    else is coming, and they have given me assurances nothing else
    is coming, but the key thing that I want to really be able to
    ask you is, we all understand there is an ongoing conversation
    about McGirt, but we do not like being caught off guard and for
    things just showing up from the Federal Government without some
    consultation with the state or with the tribes. So what I just
    want to be able to make a statement back to you is in Oklahoma
    we hate surprises. I am assuming that everybody is going to
    stick to their word on this to say if there is a conversation
    about things that are connected to McGirt that the tribes and
    the state will be kept in the loop. Is that correct?
        Ms. Daniel-Davis. Senator, thank you. I, too, hate
    surprises. So I hear you. And I commit that we will be in touch
    and not surprise you.
        Senator Lankford. That is great. We will just stay in
    contact on that in the days ahead.
        There is an interesting thing that came down actually that
    was a memo that you put out March the 19th of 2021 this year
    from the Department of the Interior, and it deals with how
    people actually get permission to be able to do routine matters
    in oil and gas development.
        [The memo referred to follows:]

    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Senator Lankford. There was a Secretarial Order that was
    put in place, 3395, and that expired in March. It was replaced
    with this memo which you signed on it basically saying that the
    office that you are now being nominated for would be the office
    that would have to clear all these different requests, and you
    gave a long list of the different things. But then, you added
    this statement to it, ``This is not an exhaustive list of
    actions requiring review by the ASL, Assistant Secretary Land
    and Minerals.''
        So the question that I have is, there has been a lot of
    confusion about this memo, about what it includes and what it
    does not include because you included a long list, but say,
    hey, it is not exhaustive on this. Now that you are moving to
    that position, can you help us bring some clarity? What does
    this include because as I have talked to some of the folks that
    do oil and gas development, they said they were routine
    requests that were put in like gas gathering lines and other
    things that were routine that were decided down by career
    professionals that are now being pushed up, and they are a lot
    slower to be able to get those approvals now. So I guess this
    is really a twofold question. What all is going to be included
    in this? Are the routine items no longer routine, they all have
    to be pushed up to the Assistant Secretary's level? Are the
    career folks going to be cut out of all this decision-making?
    And how long is it going to take to be able to get answers back
    to basic routine questions that were simple to get in the past
    but are no longer simple?
        Ms. Daniel-Davis. Thank you so much, Senator, for the
    opportunity to provide some clarity to that memo.
        I think, first of all, wanted to, the Secretarial Order
    3395 which provided for elevated review at the beginning of the
    Administration, that was really an opportunity for us, as new
    appointees, to get a handle on what was happening out across
    the agency, across the Department in various activities. It
    expired, and the memo is actually a return, sort of, a return
    to consistent practice across the Administration. And we, I
    just want to assure you we value our career employees, our
    career partners so much we actually talked to them about this
    and said--and my management philosophy is that the more clarity
    you can bring to process these and sharing of your expectations
    so that people know what their, how they're trying to meet the
    goals of a new Administration the better, and we sought input
    and asked whether a memo like this, that, you know,
    acknowledged that with frequency across the Administration
    significant matters are elevated for departmental level review,
    but it is not the business of this office to be in the day-to-
    day permitting business.
        And I think there was some confusion during the period of
    the Secretarial Order, but again, this is, the memo, it's both
    consistent with my management approach. I think it's consistent
    we're told with, how previous Administration's manage and make
    clear that, you know, significant matters should be elevated
    and, again, providing the kind of clarity for people going
    forward in their work.
        Senator Lankford. I would only say when I have talked to
    folks in the industry, they have noticed a significant
    difference that they are not getting answers back to questions
    anymore that used to be routine, that used to be fairly rapid
    turnaround to be predictable in the time period. Now it is an
    unpredictable time period.
        So I have heard before, hey, this goes back to previous,
    but for folks in the industry, they are saying no, this is not
    functioning as it did previously. Routine matters are not being
    solved routinely anymore. And as you know well from business,
    you have to have some kind of predictability. It does kill
    investment to just say we will get a decision to you when we
    get it to you because in oil and gas it is very dependent on
    capital, it is very dependent on the price at that time period.
    And if you start to do development then you do not know when
    you are going to get an answer, you just will not do
    development on it. So an easy way to be able to cut off
    development is just to cut off or make it unpredictable when
    you will get an answer to a question. But it is different than
    what has happened in the past.
        Ms. Daniel-Davis. Thank you very much for that feedback,
    Senator. My view from where I sit has been that permitting and
    things like permitting of gathering lines has proceeded at
    pace, but I appreciate the feedback and----
        Senator Lankford. Thank you.
        The Chairman. Senator Murkowski.
        Senator Murkowski. Thank you, Mr. Chairman. Thank you all
    for being here this morning.
        Ms. Daniel-Davis, I want to follow on what Senator Lankford
    has been asking with regards to this memo. You have indicated
    that you are seeking to, basically, continue the practice
    across previous Administrations and seeking to build out
    clarity, and you have told Senator Lankford you appreciate his
    input here, and I will add to that input in terms of, again,
    the lack of certainty, the delays that come with it, just not
    knowing when and who, effectively, is the decision-maker here.
    When we had Secretary Haaland before the Committee, she made
    very clear, I think, to each and every one of us on this
    Committee that it was going to be her practice to follow the
    science. It was going to be her practice to place the trust in
    the field experts that we have out there. Not that Alaska is
    that much more unique than Oklahoma, but it is unique in many,
    many ways when it comes to accessing our resources and some of
    the laws that have overlay there.
        This particular issue is very concerning to us, because it
    does not appear that you are allowing for that guidance from
    the field to be adhered to. You are not allowing the science to
    be adhered to. You are basically pulling everything back to
    Washington, DC for a political review. And whether it is with
    regards to the action in the NPRA, what we saw with the public
    land orders. You know how intense many of us feel about that
    decision--the oil and gas program leasing in the 1002 area. So
    I am not certain that your response to Senator Lankford has
    provided any more clarity to me about what you really mean this
    process to be because the direction that you seem to be taking,
    that the Administration seems to be taking, is that we are
    going to pull things back to Washington, DC and if it takes
    longer, it takes longer. And if those that are seeking to
    invest the capital look at this and say, this is not worth the
    investment, it is, kind of, a well, that is too bad, type of an
    approach. Tell me why I should feel differently about my
    perspective right now?
        Ms. Daniel-Davis. Thank you so much, Senator, for the
    question. It's nice to see you again.
        I think that, generally, we do, we are committed to
    following those lines. We're committed to following the law.
    Specific to the permitting issues that have been raised, I'm
    not aware of any ongoing permitting delays. So I just, I want
    to be clear about that in terms of the work that is done at the
    state level and the work that those offices do.
        Senator Murkowski. If we can, I am sure we would be happy
    to provide some examples, and Senator Lankford, I am sure you
    can probably provide some from Oklahoma as well. Again, there
    is a concern that it used to be that you could count on your
    Alaska BLM folks. You could go to them, walk it through, and
    get an answer back. We are not seeing that anymore. So I do not
    know where that has gone to, but it certainly is not in place
    right now.
        Let me move on because I do have a whole host of different
    issues. I have to bring up the Willow Project because, as you
    know, this is probably the singular most important development
    project in the State of Alaska right now and going forward. We
    do appreciate the Secretary and the Department and their
    efforts to defend the Willow permitting process that has been
    conducted. We are working through next steps with regard to the
    court decision on the litigation. But I just want you to commit
    to me that you intend to prioritize these processes and keep
    them on a reasonable and a predictable schedule.
        Ms. Daniel-Davis. Thank you, Senator. I know how important
    this project is to you, and we intend to work closely with the
    BLM Alaska office who is looking at the ruling and moving
    forward with next steps in a timely manner.
        Senator Murkowski. Well, know that this is not just
    important to me, but it is important to the entire state.
        Ms. Daniel-Davis. Understood.
        Senator Murkowski. During our meeting a couple months ago
    now, I raised my frustration, and I think you sensed not only
    frustration but real anger about some of the reports that I had
    received regarding virtual consultations held by BLM with some
    of our native tribes and corporations to discuss the potential
    revocations or modifications of our public land orders. I
    raised these concerns about these tribal consultations because
    we had learned that there were uninvited environmental
    organizations that were listening in on these consultations,
    including a former employee of one of the BLM political
    officials that was leading the consultation. You indicated that
    you agreed that this was absolutely inappropriate, you would
    find out what was going on, and you would report back to us. So
    this is now your opportunity to report back to us. What did you
    do when you got back to the Department and raised this, and how
    can you assure me that, really, you are going to take tribal
    consultation as seriously as it needs to be taken if you are
    confirmed?
        Ms. Daniel-Davis. Thank you, Senator. And I appreciated
    your raising that issue to me because as I said to you at the
    time and I'll reiterate here, it is inconsistent with
    appropriate formal consultation practice to have anyone, other
    than tribal leaders or tribal member that the leader has asked
    to appear or, you know, as you know, sometimes, you know, sort
    of, a consultant or a lawyer may appear, but again, as asked to
    by the tribal leader. So I did go back and ask and understood
    that it may be have been that the folks managing the
    consultation weren't aware in a timely manner of, sort of,
    unauthorized people on the phone.
        Senator Murkowski. Do you find that acceptable?
        Ms. Daniel-Davis. I don't. And what we did is we have
    reminded everyone of the ground rules for formal consultation,
    and we have also reminded people that it, sort of, is
    imperative to police such things and that they have the ability
    and should exercise it to dump people off the call. I guess
    I'll say it that way. And we have had to, you know, talk about
    this across the Department because, as you know, you know,
    every program is engaging in formal tribal consultation. So I
    appreciate, again, your bringing it to our attention. It's
    allowed us, in this remote environment, to make what we think
    and hope are improvements to the consultation process. We do
    take it very seriously.
        Senator Murkowski. Well, you should take it seriously. I
    found it shocking, just really shocking and disturbing, and it
    just sends a message, unfortunately, that the consultation is
    not being handled in a manner that most of us would expect.
        Mr. Chairman, I have several more questions. My time has
    expired. So I will submit these for the record.
        But Ms. Daniel-Davis, you had indicated, in response to a
    previous Senator here that this oil and gas report that we have
    been waiting and waiting and waiting for was going to be in
    early summer. Secretary Haaland testified before the Committee
    that it is being finalized internally, and we are going to be
    seeing it very soon. I am told that in your response to yet
    another inquiry today, you say it is going to be out here soon.
    I have given up asking on this because it is almost laughable
    at this point in time in terms of what the answers are. I am
    assuming you still do not have anything more definitive that
    you can give in terms of an actual date that we can look
    forward to?
        Ms. Daniel-Davis. So thanks for the opportunity to talk
    about where we are in the process. And as I said previously, a
    report like this that occurs at the direction of an Executive
    Order of the President, does--is reviewed by the interagency
    and White House process and that's appropriate and expected,
    and we are working our way through that and, you know,
    incorporating additional information as it comes forward. And I
    don't have a hard date for you as far as release.
        Senator Murkowski. Sounds like it is taking even longer
    than the Secretary had thought earlier this summer.
        Mr. Chairman, my time is expired. Thank you.
        The Chairman. Thank you, Senator.
        Senator Hoeven.
        Senator Hoeven. Thank you, Mr. Chairman. I appreciate it.
        Ms. Daniel-Davis, you were involved with the implementation
    of the leasing moratorium, is that correct?
        Ms. Daniel-Davis. Senator, I was guided by the Executive
    Order from the President. We did pause leasing for a period of
    time, yes.
        Senator Hoeven. Do you agree with the Biden
    Administration's call on OPEC plus, including Saudi Arabia and
    Russia, to increase their production to stabilize energy
    prices? So do you agree with the Biden Administration's
    approach that we should not produce oil and gas in this country
    where we have better environmental standards and instead ask
    Russia and Saudi Arabia to increase their production where they
    have worse environmental standards so that we can rely on them
    instead of produce it here at home? Do you agree with that
    approach? Is that the right energy approach for this country?
        Ms. Daniel-Davis. So I don't really feel confident in the
    foreign affairs space, but I can say that we have moved forward
    with leasing both onshore and offshore.
        Senator Hoeven. Pardon me?
        Ms. Daniel-Davis. We're moving forward with leasing onshore
    and offshore.
        Senator Hoeven. Because the court ordered you to.
        Ms. Daniel-Davis. That's correct.
        Senator Hoeven. My question was do you agree with an
    approach where we force energy development offshore to our
    adversaries and become dependent on them? Do you think that is
    a good approach for our energy policies and places where there
    are worse environmental standards?
        Ms. Daniel-Davis. So I think the President's view is that
    there's a global energy market and a global climate crisis, and
    he has measures that he's taking and undertaking to address
    both of those. And again, foreign affairs is not really my
    space. So I can tell you that I'm comfortable with the path
    we're taking in moving forward with responsible oil and gas
    leasing that takes into account environmental concerns and
    requirements.
        Senator Hoeven. I am sorry. I did not mean to interrupt.
        Ms. Daniel-Davis. Not at all.
        Senator Hoeven. So your approach is that the solution to
    the greenhouse gas emissions and environmental standards is to
    force energy production out of this country to countries with
    worse environmental standards, and you think that is the right
    approach?
        Ms. Daniel-Davis. So we've looked actually carefully at the
    numbers, and production has continued to pace, that is, at the
    same level, sometimes even higher than the previous
    Administration, and permitting has continued at the same level
    as well. So the oil and gas leasing program on federal lands is
    ongoing.
        Senator Hoeven. So it is your contention that if you put a
    moratorium to prevent more development just as much energy will
    be developed? That is what you are saying?
        Ms. Daniel-Davis. I'm saying that there's not a pause or a
    moratorium. And while I'm aware that production has continued
    at an even, consistent level across the board----
        Senator Hoeven. In spite of your efforts, in spite of the
    Administration's efforts to curtail it, is what you are saying?
        Ms. Daniel-Davis [continuing]. So production was actually
    not part of the leasing program, and it was never ongoing.
    Permits continued to be processed. And indeed, we've processed
    over 4,000 this fiscal year, and there are 9,000 available for
    use. So we have continued to pace with the program.
        Senator Hoeven. So it is your contention that you continued
    the moratorium that would not reduce energy production in this
    country?
        Ms. Daniel-Davis. I'm not really comfortable speculating
    about something that hasn't happened and may not happen, so I'd
    rather not go there. I just want to reiterate----
        Senator Hoeven. So you are--I am sorry.
        Ms. Daniel-Davis. No, no, sir.
        Senator Hoeven. So you are completely comfortable with the
    approach we have just discussed?
        Ms. Daniel-Davis. I may be a little bit lost in the
    approach. The approach with continuing leasing and production
    staying on pace?
        Senator Hoeven. Curtailing energy production here, forcing
    it to countries, our adversaries, where they have lower
    environmental standards and then becoming dependent on them for
    our energy? You are comfortable with that approach?
        Ms. Daniel-Davis. So we are moving, production has
    continued, and we are moving forward with leasing. And so I----
        Senator Hoeven. Again, because you were forced to by the
    court.
        The Chairman. Senator Hoeven, if I could just interrupt
    because I think you were not here earlier. I had asked those
    questions. You might want to reiterate. Is our production the
    same or greater than it had been before the pause?
        Senator Hoeven. Well, Mr. Chairman, she answered that, but
    the point is if you continue the moratorium, you are going to
    reduce production.
        The Chairman. Oh.
        Senator Hoeven. But I appreciate your point.
        The Chairman. Okay, I know where you are going.
        Senator Hoeven. Yes, and I did pick up her making that
    point.
        Do you realize also, Ms. Daniel-Davis, that if somebody has
    private minerals and there are federal minerals intertwined,
    that that moratorium holds up that private individual's ability
    to develop their own resources as well? Are you aware of that?
    So you also are affecting private individuals and their
    ability, you know, to utilize their property lawfully. Are you
    aware of that?
        Ms. Daniel-Davis. I am familiar with the split, the state
    issue, which I believe you're referencing. Yes.
        Senator Hoeven. Thank you.
        Ms. Touton, we have a lot of water projects going in our
    state, very important to us. I guess my question is will you
    work with us on funding those projects, and will you come to
    our state to learn about them and work with us?
        Ms. Touton. Good morning, Senator. It's good to see you
    again. I've enjoyed working with you and your office in the
    past, and, if confirmed, I look forward to visiting your state
    and working with you on these issues in the future.
        Senator Hoeven. Thank you. I appreciate you working with us
    in the past, and I want to extend that invitation for you to
    come see us, you know, when it works for you.
        Ms. Touton. Thank you.
        Senator Hoeven. Thank you.
        Ms. Bronin, in our parks we are working on a number of
    things regarding tourism, Roosevelt Library, a number of things
    there, and then also, of course, we have five reservations in
    our state. And so I would like to invite you to our state as
    well and ask that you would work with us, both in our,
    obviously with our Native American population in North Dakota
    and their tribal preservation activities as well as in our
    national parks in our state? So again, would you work with us,
    and will you come to our state and visit us so you can learn
    more about what we are doing?
        Ms. Bronin. Senator, thank you so much for the invitation,
    and I look forward to working with your office and visiting.
    Thank you.
        Senator Hoeven. Thank you.
        Ms. Daniel-Davis, I appreciate your answers. Obviously we
    have a disagreement in approach, but I do appreciate your
    responding to me. Thank you.
        Ms. Daniel-Davis. Senator, I appreciate the questions very
    much. Thank you.
        Senator Hoeven. Thank you.
        The Chairman. Thank you, Senator.
        I want to thank all three of our nominees and your families
    for enduring this, and I think it was a very good hearing. You
    all did a great job. We appreciate it very much.
        Members will have until 6:00 p.m. tomorrow to submit
    additional questions for the record.
        And the Committee officially stands adjourned.
        [Whereupon, at 12:03 p.m. the committee adjourned.]

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