[Senate Hearing 117-130]
[From the U.S. Government Publishing Office]
S. Hrg. 117-130
HEARING ON THE NOMINATIONS OF JEFFREY PRIETO TO BE GENERAL COUNSEL OF
THE ENVIRONMENTAL PROTECTION AGENCY; JANE NISHIDA TO BE ASSISTANT
ADMINISTRATOR FOR INTERNATIONAL AND TRIBAL AFFAIRS OF THE ENVIRONMENTAL
PROTECTION AGENCY; AND ALEJANDRA CASTILLO TO BE ASSISTANT SECRETARY FOR
ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE
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HEARING
BEFORE THE
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
JUNE 16, 2021
__________
Printed for the use of the Committee on Environment and Public Works
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
46-478 PDF WASHINGTON : 2023
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COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
THOMAS R. CARPER, Delaware, Chairman
BENJAMIN L. CARDIN, Maryland SHELLEY MOORE CAPITO, West
BERNARD SANDERS, Vermont Virginia
SHELDON WHITEHOUSE, Rhode Island Ranking Member
JEFF MERKLEY, Oregon JAMES M. INHOFE, Oklahoma
EDWARD J. MARKEY, Massachusetts KEVIN CRAMER, North Dakota
TAMMY DUCKWORTH, Illinois CYNTHIA M. LUMMIS, Wyoming
DEBBIE STABENOW, Michigan RICHARD SHELBY, Alabama
MARK KELLY, Arizona JOHN BOOZMAN, Arkansas
ALEX PADILLA, California ROGER WICKER, Mississippi
DAN SULLIVAN, Alaska
JONI ERNST, Iowa
LINDSEY O. GRAHAM, South Carolina
Mary Frances Repko, Democratic Staff Director
Adam Tomlinson, Republican Staff Director
C O N T E N T S
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Page
JUNE 16, 2021
OPENING STATEMENTS
Carper, Hon. Thomas R., U.S. Senator from the State of Delaware.. 1
Capito, Hon. Shelly More, U.S. Senator from the State of West
Virginia....................................................... 3
Padilla, Hon. Alex, U.S. Senator from the State of California.... 5
WITNESSES
Prieto, Jeffrey, Nominee to be General Counsel of the
Environmental Protection Agency................................ 9
Prepared statement........................................... 12
Responses to additional questions from Senator Capito.... 15
Castillo, Alejandra, Nominee to be Assistant Secretary for
Economic Development of the Department of Commerce............. 18
Prepared statement........................................... 21
Responses to additional questions from:
Senator Kelly............................................ 23
Senator Capito........................................... 23
Senator Inhofe........................................... 26
Nishida, Jane, Nominee to be Assistant Administrator for
International and Tribal Affairs of the Environmental
Protection Agency.............................................. 27
Prepared statement........................................... 29
Responses to additional questions from:
Senator Kelly............................................ 31
Senator Capito........................................... 32
Senator Inhofe........................................... 36
Senator Cramer........................................... 36
ADDITIONAL MATERIAL
Letters of Jane Nishida regarding withdrawing the denials of
petitions from:............................................
Ms. Gillian May Boeve, Executive Director, 350.org....... 55
Mr. Adam Carlesco, Staff Director, Climate & Energy Food
& Water Watch.......................................... 56
Mr. Jason A. Schwartz, The Institute for Policy Integrity 57
Ms. Kassie Siegel, Director, Climate Law Institute Center
for Biological Diversity............................... 58
Letters of Support for Jane Nishida from:....................
The CalEPA California Environmental Protection Agency.... 59
The U.S. Chamber of Commerce of the United States of
America................................................ 60
EH&S and Sustainability at Dow, Inc...................... 61
Alexandra Dapolito Dunn & Peter C. Wright................ 62
Oklahoma Secretary of Energy & Environment............... 63
Circulate Capital........................................ 64
National Tribal Air Association.......................... 65
National Tribal Water Council............................ 66
Normandeau Associates Environmental Consultants.......... 68
Office of W. Scott Mason................................. 69
United Tribes of Bristol Bay............................. 70
Central Council, Tlingit & Haida Indian Tribes of Alaska. 72
W.C. McIntosh, P.E., Esq., Former Assistant Administrator
International and Tribal Affairs....................... 73
Ben Grumbles, Secretary, Maryland Department of
Environment & Bob Perciasepe, Presedent, Center for
Energy and Climates Solutions.......................... 74
Letters of Support for Alejandra Castillo from:..............
The Congressional Hispanic Caucus........................ 75
LBJ School of Public Affairs............................. 76
UNIDOS US................................................ 78
National Urban League.................................... 79
RCAP..................................................... 81
HEARING ON THE NOMINATIONS OF JEFFREY PRIETO TO BE GENERAL COUNSEL OF
THE ENVIRONMENTAL PROTECTION AGENCY; JANE NISHIDA TO BE ASSISTANT
ADMINISTRATOR FOR INTERNATIONAL AND TRIBAL AFFAIRS OF THE ENVIRONMENTAL
PROTECTION AGENCY; AND ALEJANDRA CASTILLO TO BE ASSISTANT SECRETARY FOR
ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE
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WEDNESDAY, JUNE 16, 2021
U.S. Senate,
Committee on Environment and Public Works,
Washington, DC.
The committee, met, pursuant to notice, at 10:05 a.m. in
room 406, Dirksen Senate Office Building, Hon. Thomas R. Carper
(chairman of the committee) presiding.
Present: Senators Carper, Capito, Cardin, Kelly, Wicker,
Sullivan, Ernst.
The committee, met, pursuant to notice, at 10:04 a.m. in
room 406, Dirksen Senate Office Building, Hon. Thomas R. Carper
(chairman of the committee) presiding.
Present: Senators Carper, Capito, Cardin, Markey, Kelly,
Padilla, Inhofe, Lummis, and Ernst.
OPENING STATEMENT OF HON. THOMAS R. CARPER,
U.S. SENATOR FROM THE STATE OF DELAWARE
Senator Carper. The hearing will come to order.
Good morning, one and all. It is good to see you all. We
apologize for being a few minutes late. We had a late startup
on our simultaneous meeting. We are having a business meeting
for the Homeland Security Governmental Affairs Committee. The
mother of Gary Peters, our chairman, died yesterday and we had
just a moment of remembrance for her, so I apologize.
However, we are all here and looking forward to getting to
know you a little better. I want to welcome you to our
committee today.
Today, I am pleased to welcome three outstanding nominees
who have been nominated for important roles at the
Environmental Protection Agency and the Department of Commerce:
Jeffrey Prieto, Jane Nishida and Alejandra Castillo. Welcome to
the EPW Committee.
These nominees bring with them decades of leadership
experience and dedication to public service. Thank you all for
agreeing to serve our Country once again in critical positions
to help our communities thrive and make sure that our
government works more effectively for the American people.
Let me start today with the nomination for EPA General
Counsel. As chief legal advisor to the EPA Administrator, and
as the leader of the agency's hundreds of legal professionals,
the General Counsel must make sure that EPA upholds the
law.That means making sure the agency is doing everything in
its power to ensure the American people are getting the full
protections afforded them by our Country's environmental laws.
It also means making sure that the rights of the people,
organizations, cities, States and tribes with whom EPA
interacts every day are respected and guaranteed.
It also means seeing to it that EPA conducts its
rulemakings according to the law, through a transparent
process, and with scientific and economic analyses that are
honest and robust. The General Counsel's job is no small
undertaking. This is why I am delighted to see that the
President has nominated Jeffrey Prieto for this role. Mr.
Prieto has dedicated over 20 years of his distinguished career
to public service.
In addition to prior roles at EPA, Mr. Prieto has served at
the Department of Health and Human Services, the Department of
Justice, and most recently, as General Counsel to the
Department of Agriculture during the Obama administration. As
someone who has already done the same job at a different
agency, I expect that Mr. Prieto has a pretty good idea about
the opportunities and challenges that await him if confirmed. I
am glad he has agreed to sign up for another round of service,
a commitment to the American people shaped in part by his
family's proud history of military service on behalf of our
Nation.
Let me say, Mr. Prieto, I was so impressed at the service
of your family in uniform, extraordinary service over the
course of many years in any number of wars. I know that his
dedication will be a boon to the agency and to the American
people. I am equally pleased that Jane Nishida is nominated to
be the Assistant Administrator of International and Tribal
Affairs at EPA. The office that Ms. Nishida has been nominated
to lead plays a key role in helping communities both here in
the United States and across the world to benefit from EPA's
tremendous technical expertise.
She brings a wealth of State experience, a particularly
helpful attribute given the predominant role of the States in
executing our Nation's environmental laws. She also
appreciates, through her World Bank experience, the robust
needs of nations across the globe for equitable economic
opportunity and environmental stability. Our ongoing pandemic
has laid bare the unique and substantial needs of our tribal
communities for economic opportunity and environmental equity.
Ms. Nishida can tap into her experience to cement her
ongoing efforts to ensure full and fair consultation with
tribal nations and respect for unique tribal treaty rights. Ms.
Nishida has been a highly respected leader in the Office of
International and Tribal Affairs for 8 years, having served in
both the Obama and Trump Administrations. When President Biden
was inaugurated earlier this year, Ms. Nishida was selected
from among all of EPA's career officials to lead EPA as Acting
Administrator until Michael Regan won confirmation. No small
testimony to your abilities, Ms. Nishida. Ms. Nishida's
professional record demonstrates her profound dedication to the
mission of EPA and the respect she commands from leaders within
both parties. She will make an excellent Assistant
Administrator.
Finally, let me turn to the Economic Development
Administration, an agency that, frankly, a lot of people have
not heard of in the past. They are hearing a lot more about EDA
today. It is an agency that in the middle of the pandemic is
punching above its weight. They need a great leader and I think
in you, they are going to have it.
As we know, EDA supports economic development by providing
Federal funding to locally driven projects that spur growth and
job creation, often serving as a lifeline for struggling
communities. EDA has proven itself to be an agency that punches
above its weight, as I said earlier. Over the past several
years, it operated with roughly $300 million in funds per year.
However, at times of disaster and hardship, EDA has stepped up
to the plate, distributing billions of dollars to help American
communities recover and persevere through recent crises, from
wildfires to hurricanes to, most recently, COVID-19.
EDA can play a vital role in getting our economy back to
full speed after the economic crisis borne from the pandemic. I
am sure that almost every member of our committee can point to
an example in their State where EDA is helping a community in
need, helping to put people to work. It has a profound impact
that can reach every corner of our great Nation. So, I am
grateful that Alejandra Castillo is stepping up to lead the
agency at this crucial time. Ms. Castillo is a veteran of the
Commerce Department, where she served as national director of
the Minority Business Development Agency.
Her leadership in that role helped secure over $19 billion
in financing for minority owned small businesses across the
Country, which helped create over 30,000 jobs. I am looking
forward to seeing Ms. Castillo bring that record of success to
EDA. I am confident that all three of these nominees will serve
our Nation well. Ms. Castillo, Mr. Prieto, and Ms. Nishida,
thank you for your previous service and for your work on behalf
of our Nation moving forward. We look forward to hearing your
testimony shortly. With that, I want to turn to the Ranking
Member, Senator Capito, for any remarks she would like to
offer.
Senator Capito.
OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO,
U.S. SENATOR FROM THE STATE OF WEST VIRGINIA
Senator Capito. Thank you, Mr. Chairman, and good morning,
Mr. Chairman. Welcome to our three nominees. It is nice to have
you in front of the committee. You are nominated for positions
at critical agencies within this committee's jurisdiction: the
Environmental Protection Agency and the Economic Development
Administration. Each of you has dedicated the majority of your
professional life to public service. We are grateful and I
commend you for that.
Chairman Carper and I have built upon our excellent working
relationship this year. We are both very proud of the
committee's work. We have passed two very significant
infrastructure bills in this Congress by unanimous votes, 20 to
zero. We are very proud of that and are waiting to get the
surface transportation bill up to the floor. Actually, I am on
Commerce and we are marking up that section today.
Critical to our ability to do these is transparent
communication. Chairman Carper and I have had many frank
conversations about our parties' priorities or our own
priorities. Through those discussions, we have been able to
find areas of common agreement and advance significant
legislation. I desire and want to put before you more of that
transparent communication with this Administration. I know I
may not agree with everything the Administration does, but I
would like to at least be able to understand why, how decisions
are made, and to be ensured that my constituents have
meaningful input before decisions are made that will impact
their lives.
For example, Ms. Castillo, we had talked about this. There
is a recent change at the Economic Development Administration.
EDA plays an important role, as the Chairman said, in West
Virginia and across the Country. The EDA works hand-in-hand
with private partners to bolster job creation in economically
distressed communities. I was disheartened to see the Biden
Administration strike two investment priorities from the
application consideration process: Critical Infrastructure and
Opportunity Zones. This is when someone is trying to get
investment from the EDA, it sets the priorities and can be on a
scoring system. The Administration struck Critical
Infrastructure and Opportunity Zones as one of those areas that
would carry weight in an application. I have fully supported
EDA's commonsense focus on Critical Infrastructure and
Opportunity Zones.
Opportunity Zones are, by definition, the types of
communities we ought to be investing in. Infrastructure
projects such as roads, water, wastewater, and broadband are
key to driving economic growth. I don't need to tell anyone
here. It is obviously a big topic in front of the Senate and
has been for the White House as well. For instance, earlier
this year, EDA provided $1.75 million to the airport in Raleigh
County, West Virginia, the Chairman's home county, for
infrastructure upgrades that will help create over 600 jobs.
That is the purpose of the EDA.
I struggle to understand why these priorities would be
removed, especially at a time when our infrastructure needs are
universally recognized. As I said, we have talked about this
and probably asked a question again to get some clarification.
The EDA has received record funding through the CARES Act and
the American Rescue Plan, $4.5 billion above regular
appropriations. Transparency is particularly important. We need
to know money is going to the communities that need it.
I also have concerns with the how environmental policy
decisions are being made. I will be honest with you, we are
struggling to get information on high-profile decisions coming
out of this Administration, such as how it developed its new
Nationally Determined Contribution, NDC, under the Paris
Climate Agreement. Administrator Regan has said EPA conducted
an analysis about how it would reach that goal. Numerous media
outlets have reported on Administration officials talking about
analyses and modeling conducted to support this target.
However, so far, none of that information has been made
available to Congress, to this committee, or to the American
public, even after we have repeatedly asked for it.
We all care about our environment and climate. I would like
to find areas where we might be able to work together to meet
these challenges. Members of this committee have a track record
of finding common ground on climate issues, from carbon
capture, utilization and sequestration to nuclear, HFCs, and
diesel emissions reductions. We just reported a bipartisan
surface transportation bill with an unprecedented climate
title. However, we can only find common ground when we are open
about our proposed solutions. So far, I feel the Administration
unfortunately, including the EPA, has not been as transparent
as it should on climate and environmental issues.
Whether it is the decision to repeal the Navigable Waters
Protection Rule that was announced before any formal
stakeholder process, or the NDC announcement, decisions seem to
be made in a vacuum without significant, or even any, public
input. This worries me. I try to stay positive, as the Chairman
knows. hope it is an oversight and not intentional, and
something we can improve.
Mr. Prieto and Ms. Nishida, you both have impressive
management experience in the Federal Government. I look forward
to hearing from you some lessons learned from your past
experience and ideas for improving transparency. Thank you,
Chairman Carper, for holding today's hearing. I look forward to
the testimony.
Senator Carper. I would say to our witnesses, we reported
out of this committee a couple of weeks ago unanimously surface
transportation legislation for the Country 29 to zero. We are
now awaiting the Commerce Committee for their work on rail and
safety. The Ranking Member serves on both committees in
leadership roles. I know you need to be there and here. I
understand some of the members of the committee may try to walk
on our turf, our jurisdiction, so please protect our
legislation.
Thank you so much. Thank you very much for your statement,
Senator Capito. It is a joy to work with you. I want to
recognize Senator Padilla who will formally introduce Jeffrey
Prieto. Senator Padilla, please proceed.
Mr. Prieto, I understand you have your wife, two sons and
daughter. We hope you will introduce them to us also.
Alex.
OPENING STATEMENT OF HON. ALEX PADILLA,
U.S. SENATOR FROM THE STATE OF CALIFORNIA
Senator Padilla. Thanks, Mr. Chairman. I appreciate the
courtesy of being able to introduce Mr. Jeffrey Prieto before
us. I will be excusing myself to open today's session of the
Senate and return later in the hearing.
Senator Carper. When you leave here, you will go and be
Presiding Officer?
Senator Padilla. Just for the moment.
I thank Ranking Member Capito for the opportunity to
introduce Jeffrey Prieto from the great State of California,
who is President Biden's nominee to be the General Counsel of
the Environmental Protection Agency. As you know, the EPA has a
critical role to play as we rise to meet the challenge of the
climate crisis. The EPA staff is limiting air pollution, with
providing safe drinking water, with protecting against toxic
chemicals, and cleaning up hazardous waste sites.
President Biden's ambitious climate agenda depends on the
EPA's ability to hold polluters accountable and enforce strong
environmental protections. Mr. Prieto is uniquely qualified to
serve as General Counsel of the EPA. I am confident the agency
will benefit from his skills and dedication. Public service is
personal to him. Mr. Prieto is the grandson of two proud
immigrants from Mexico. As you recognized, Mr. Chair, he comes
from a military family.
He has spent nearly 20 years serving in a number of
leadership positions within the Federal Government working to
improve the lives of communities throughout the United States.
In 2015, Mr. Prieto was confirmed as General Counsel of the
U.S. Department of Agriculture where he was involved in major
litigation, including class action lawsuits, high profile
investigations, and a number of legislative efforts.
He led the oversight of five divisions and four regional
offices, eight branch offices consisting of about 280 attorneys
and legal professionals. Not only did he oversee the offices,
he personally visited every single USDA office across the
Country. That is a lot of miles. Mr. Prieto will bring a
collaborative spirit back to the EPA, one that values the legal
professionals working to protect human and environmental
health. That is why it is so critical for EPA to properly serve
its role.
Prior to his USDA tenure, Mr. Prieto served in the Justice
Department's Environment and Natural Resources Division and as
Chair of the Diversity Committee Working Group. He was tasked
with implementing President Clinton's Environmental Justice
Plan. He worked to identify and address the disproportionately
high and adverse human health and environmental effects of the
Justice Department's actions on minority and low-income
populations and embedded these principles throughout the
agency.
His experience leading this effort makes Mr. Prieto
uniquely qualified to apply environmental justice principles to
litigation that comes before the Office of the General Counsel.
I am confident Mr. Prieto will bring to the EPA the same calm,
deliberative and thoughtful work ethic that he has shown
throughout his decades of public service. His leadership is
critical and timely.
I strongly support Mr. Prieto's nomination and urge my
colleagues to do the same. Thank you, Mr. Chairman.
Senator Carper. Thank you for that lovely introduction. Mr.
Prieto, when it is time for you to testify, I am going to ask
you a question. Senator Ernst had a great career in the
military and retired as colonel; Senator Sullivan is a Marine
Colonel; and I spent a few years of my life in the Navy. There
are a number of people on this committee who very much revere
military service. Your family service is just extraordinary. We
have a few former House members sitting here. Do you know this
fellow? Congressman where is your district?
Representative Espaillat. The 13th congressional District
of New York, Charlie Rangel's old district.
Senator Carper. We all served with Charlie. It is great to
see you. Adriano has joined us today to introduce Alejandra
Castillo. Congressman, it is great to see you. Tell us a bit
about Ms. Castillo, please.
Representative Espaillat. Thank you, Chairman Carper,
Ranking Member Capito, Senator Cardin and members of the
committee. Thank you for giving me the opportunity today to
introduce this fantastic nominee to the committee. As you know
President Biden has nominated Ms. Alejandra Castillo to serve
as the next Assistant Secretary of Commerce for Economic
Development.
If confirmed, she will be the first woman of color to hold
this important role. In my opinion, there is no one better
suited to lead the Economic Development Administration at this
critical moment. As we continue our recovery efforts, we must
work hard to reverse all the disparities seen during the
pandemic. America will not recover unless all of us recover.
Ms. Castillo is uniquely ready for this challenge and she
brings to it not just knowledge and experience but also heart
and dedication. Like me, Ms. Castillo and her family came to
New York City as immigrants from the Dominican Republic. She
went to Queens and I landed in Washington Heights. You may have
seen the movie lately, ``In the Heights.''
Senator Carper. Are you in that movie?
Representative Espaillat. I would have hoped but no, I was
left out. We came up during a difficult time for New York City
when poverty and violence plagued many parts of our city,
including communities I am proud to represent in Congress
today. We both cut our teeth working on the ground, dedicating
ourselves to uplifting disenfranchised communities.
Our families both represent the American dream. They came
here to find opportunity and worked very hard to succeed. Ms.
Castillo's family owned a bodega in the Bronx. There is a
certain baseball team there you may all be familiar with. They
worked hard to give their children opportunities to succeed. A
premiere public school system in New York City gave Ms.
Castillo her opportunity to excel and she went on to receive a
master's and a law degree. After knowing Ms. Castillo for
nearly 30 years, I can attest that her career has been nothing
short of remarkable.
As a senior advisor in the White House Office of National
Drug Control Policy during the Clinton administration, Ms.
Castillo demonstrated early her expertise in the policy and
economic arena. She went on to lead the Hispanic Bar
Association, where she demonstrated her commitment to
empowering women in communities of color, as well as advancing
policies to uplift communities. Upon her return to government,
Ms. Castillo served in various roles in the Department of
Commerce, eventually becoming the National Director of the
Minority Business Development Agency. As the first Latina
director, Ms. Castillo's strategic management increased the
agency's budget. She created initiatives to promote minority-
owned businesses in the STEM fields, key to ensuring equitable
growth in our modernizing economy.
Most recently, Ms. Castillo has been serving as the CEO of
the YWCA. She is the first Latina to hold that role as well.
She has led transformative programming in pursuit of racial and
gender equality. In her work, Ms. Castillo has met with
hundreds of communities working to create economic resiliency
and sustainable growth. When the COVID-19 pandemic reached our
shores, she worked hard to combat and eventually defeat it.
Overall, Ms. Castillo's career has prepared her to facilitate a
competitive and innovative agenda for our Country. I firmly
believe Ms. Castillo's decades of leadership in economic
development, gender and racial equality, and government
administration coupled with her strategic management and
ability to lead inclusive teams positions her as the most
experienced, trusted and capable candidate to serve as the next
Assistant Secretary of Commerce for Economic Development.
The Economic Development Administration, the Commerce
Department and the American people will greatly benefit from
her service. Thank you again for this opportunity. I yield
back.
Senator Carper. You have introduced a remarkable woman. In
fact, I was just saying to Senator Cardin we have a remarkable
trio of nominees here today. Thank you very much. Thanks for
joining us. Great to see you.
Representative Espaillat. Thank you so much.
Senator Carper. Next, let me turn to Senator Cardin. He
tells me he has known you for 40 years.
Senator Cardin.
Senator Cardin. Before the Congressman leaves, I served 20
years in the House, Senator Carper is a former House member and
18 of those years, I was on the Ways and Means Committee with
Charlie Rangel. It is a pleasure to have you before our
committee. Thank you very much for your testimony.
Representative Espaillat. I will let him know that I
testified before you. I am sure he will have an opinion about
that.
Senator Cardin. I am sure he will. Let me join my chairman
in welcoming all three of our nominees and thanking you all for
your public service. All three of you have given so much to our
community. We thank you for that. I have the personal pleasure
to introduce Jane Nishida to the Environment and Public Works
Committee. As Senator Carper pointed out I have known Jane
Nishida for 40 years. Her extraordinary career in the
environmental field includes both governmental and non-
governmental, she has held senior management positions with
responsibility for policy development and program
implementation.
I particularly want to thank her for her service to the
people of Maryland. She has deep roots in the State of Maryland
and has served in critical positions in our State, including
the Maryland Secretary of the Environment and Director of the
Chesapeake Bay Foundation. This committee has heard me talk
about the Chesapeake Bay just about at every one of our
meetings. Perhaps the most important part of her experience in
Maryland was her service to the Maryland House of Delegates as
staff to the Environmental Matters Committee and the Economic
Affairs Committee.
I say that because in those years she served as counsel to
the committee, I was Speaker of the Maryland House of
Delegates. It was during those years that we were developing
the Chesapeake Bay Program under leadership of Governor Harry
Hughes. Jane Nishida played a very important part in the
development of the Chesapeake Bay Program. I thank her because
she really did make the Governor and the legislative leadership
look good during those years. Thank you very much for your
help.
I also want to point out that during that time she
marshaled the completion of several very important bills during
her service to the State of Maryland, including the critical
areas law. She may be talking about that. That was a major
accomplishment, Mr. Chairman, to get land use adopted back in
the 1980's that restricted development of land within a certain
yardage of the Bay Watershed. She helped marshal the successful
adoption of that law. Also we did wetlands protection laws and
wetlands are critically important, as you know, to our
environment and particularly to the Chesapeake Bay as we are
losing wetlands every day. She was also involved with our smart
growth fields later on which connected our transportation and
infrastructure priorities with where we should be doing
development in order to minimize disruption of communities.
All that she did and marshaled very successfully which I
think points out the type of person she is in public service.
She applied the lessons she learned from the Chesapeake Bay
Region to the rest of the world working at the World Bank as a
senior environmental institution specialist. She went on to be
a senior career leader at the U.S. Environmental Protection
Agency, as you pointed out, serving both the Obama and Trump
Administrations and has been selected by President Biden to be
the Acting Director.
She is currently the Principal Deputy Assistant
Administrator for International Tribal Affairs. In this
capacity, she manages EPA's international and tribal programs
working closely with foreign and tribal governments,
international and tribal organizations and other key
stakeholders. She earned her JD from Georgetown University Law
Center, her Bachelor of Arts Degree in International Relations
from Lewis & Clark College.
It is really my please to introduce Jane Nishida to the
Environmental and Public Works Committee. I encourage my
colleagues to swiftly confirm her for this position.
Senator Carper. Thank you so much, Senator Cardin. I don't
know how you follow an introduction like that. Before I
recognize you, we are going to move to your left and our right
and ask Mr. Prieto if he would be our leadoff witness. I
understand your wife, Cheryl, is here; your son, Daniel; and
your son, Matthew. Those are good biblical names. Feel free to
introduce them at the beginning of your testimony if you would,
please. Welcome. We are happy you are here.
STATEMENT OF JEFFREY PRIETO, NOMINEE TO BE GENERAL COUNSEL OF
THE ENVIRONMENTAL PROTECTION AGENCY
Mr. Prieto. Thank you, Mr. Chairman. I do want to recognize
my wife and my two sons, and also, a close family friend,
Ignacio Moreno, who is here also today.
Senator Carper. Is your son Daniel here?
Mr. Prieto. Yes.
Senator Carper. Raise your hand, Daniel, Matthew. Good to
see you guys. Thanks for sharing your dad with us. Cheryl,
thank you for sharing your husband.
Mr. Prieto. Thank you and good morning, Mr. Chairman,
Ranking Member Capito and other distinguished members of this
committee. I thank you all for your willingness to hold this
hearing. It is an honor and a privilege to appear before you as
President Biden's nominee for the General Counsel of the
Environmental Protection Agency.
I am humbled by the trust this nomination represents and I
am grateful to President Biden and Administrator Regan for
providing me this opportunity. Should I have the privilege of
being confirmed, I look forward to continuing a career
dedicated to public service. I am also grateful for a wonderful
family who have supported my endeavors. My wife, Cheryl, my
sons, Daniel and Matthew, are with me today. I want to publicly
thank my wife for her support, understanding and patience
throughout my career. I could not have achieved my professional
and personal dreams without her.
I also want to acknowledge my mother, brother, sister,
uncles, aunts, cousins, nephews and nieces in California.
Senator Carper. Is she watching today? Mr. Prieto. My sister
set up a computer and she is watching.
Senator Carper. That is great. What is mom's name?
Mr. Prieto. My mom's name is Lucy.
Senator Carper. I love Lucy. We have a Lucy on our staff.
Tell your mom we said thanks for bringing you into the world
and sharing you with all of us.
Mr. Prieto. Thank you, Senator.
My family is central to my existence and I am so grateful
to all of them for their prayers and love. My family has a
distinguished history of military service. Members of my family
and my community have sacrificed much so that I could have
opportunities. I have attempted to repay this debt by serving
the public.
In addition to public service and sacrifice, I learned
about hard work through my grandfather, Julio Alvarez. He was
employed by a lemon packing house in Santa Paula, California
for more than 50 years. It was his and my grandmother, Lucia's
dream that their grandchildren would be the first in our family
to graduate from college. My grandparents used what they earned
to benefit our family, both in the United States and in Mexico.
Their love and generosity changed many lives. Their daughter
and my mother, Lucy, never fulfilled her own dream of
graduating from college but she worked so that her children
could seize opportunity and fulfill the dream my grandparents
put forward. Most importantly, she never lost hope and faith in
me.
I am beyond proud to represent both my family and my
community here today. I believe they both exemplify the highest
ideals of this Nation, hard work, service, faith, sacrifice and
patriotism. If confirmed, serving as EPA General Counsel at
this moment in time would be the highest honor of my career in
public service. I have been privileged to serve previously as a
White House Fellow; EPA Attorney Advisor; Department of
Justice, Environment and Natural Resources Division Trial
Attorney and General Counsel; Senate confirmed General Counsel
of the Department of Agriculture; and General Counsel of the
Los Angeles Community College District. My previous legal
positions have prepared me to serve as the General Counsel of
the EPA. My Federal Government experience ensures that I
understand the responsibilities of the position.
As I demonstrated in my previous appointment, I will
implement the laws of this Nation as specified by the
Constitution, expressed by Congress and interpreted by the
courts. I will provide candid legal advice and counsel to
Administrator Regan and to the EPA senior executive team that
is bound and guided but Rule of Law. I look forward to working
once again with our respected colleagues at the Department of
Justice to defend the agency's actions when challenged in the
courts of law.
I am further pleased by the opportunity to work with the
incredibly talented lawyers and professional staff of the EPA
Office of General Counsel. I have had the privilege to work
with some of those dedicated career attorneys during my
Department of Justice tenure and now I look forward to managing
and leading this extraordinary office. I have a simple
management philosophy of treating colleagues as I hope to be
treated and if confirmed, I intend to work collaboratively with
some of the finest attorneys and professional staff as we allow
the facts, science and law guide our legal analysis and
judgment.
Finally, I intend to serve all Americans as EPA seeks to
achieve the goals of our environmental laws in the Biden/Harris
Administration. If confirmed, I look forward to listening
closely and interacting constructively with Congress,
stakeholders and all members of the general public, especially
with those communities that historically have not participated
in matters before the Office of General Counsel. I am committed
to listening to and learning from all individuals to help me
and the Office of General Counsel provide sound legal guidance
to Administrator Regan and EPA clients.
Should this committee honor me by recommending me, and
should the Senate confirm me, I will do everything in my power
to execute the duties of the General Counsel in a professional,
efficient and expeditious manner. I intend to execute my duties
with the highest legal of integrity, skill and professionalism
so as to earn your trust and respect. I am committed to working
with the leadership of EPA, Congress and stakeholders to
further the best interests of all Americans. Again, Senator,
thank you very much for holding this hearing to consider my
candidacy. I am grateful for your time and am happy to answer
the committee's questions.
[The prepared statement of Mr. Prieto follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator Carper. Mr. Prieto, thank you for a lovely and
heartfelt statement. I see your wife sitting back there. Former
Senator, now President, Joe Biden, said to my wife and probably
Senator Cardin's wife, Myrna, one or two times how for people
married to folks in service like we are, President Biden would
say to the spouses, for you, no purgatory, straight to heaven.
Thank you so much for putting up with this guy and sharing
him with the rest of us. Next, we are going to hear from
Alejandra Castillo. Ms. Castillo, please proceed. I am glad I
don't have to follow that opening testimony but I know you can.
STATEMENT OF ALEJANDRA CASTILLO, NOMINEE TO BE ASSISTANT
SECRETARY FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF
COMMERCE
Ms. Castillo. Chairman Carper, Ranking Member Capito, and
distinguished members of the committee, I am honored to come
before you today as President Biden's nominee for Assistant
Secretary of Commerce for Economic Development. Thank you for
the time you and your staff afforded me to meet with you during
this past week. It was engaging and informative.
I share your goals of promoting economic development and
growth while also seeking to strengthen our Nation's economic
innovation and global competitiveness. I would also like to
thank Congressman Espaillat for that kind introduction. Several
members of my family have joined me today. I am so glad they
are here. My mother and late father are the source of my values
toward public service, hard work and love of country.
I would also like to acknowledge my brothers, nieces and
nephews who challenge me and teach me the meaning of family,
understanding and patience.
Senator Carper. Your mom is here, right?
Ms. Castillo. My mother is here.
Senator Carper. Would you raise your hand, ma'am? That is
nice. The woman back there beaming with pride, sitting in the
front row is named Susannah, right?
Ms. Castillo. Susannah, yes.
Senator Carper. It is nice to see you. Do you have a couple
of nieces here and nephews?
Ms. Castillo. Yes, my niece, Alejandra; my niece Katherine;
and my nephew, Matthew.
Senator Carper. Another Matthew.
Ms. Castillo. Another Matthew.
Senator Carper. Can't have too many of those. Welcome.
Ms. Castillo. The mission of the Economic Development
Administration, EDA, is to support distressed communities in
building resilient economies. When strong economic ecosystems
are devastated by natural disaster, or even a pandemic, EDA is
there to support community-led efforts to rebuild. EDA helps
Americans recover from economic challenges and makes critical
investments to spur innovation and create economic
opportunities for all.
Today, I come before you with a perspective of economic
development that has been shaped not only by my personal
background, but also by my professional experience that spans
over two decades of work in the public, private and non-profit
sector. I consider myself an embodiment of the American dream.
Growing up, I watched my parents, who immigrated from the
Dominican Republic, journey from working as janitors to opening
small businesses to support our family.
Experiencing New York City in the 1970's, the scarcity of
jobs, the lack of economic vitality, and the quasi-bankruptcy
the city was experiencing, gave me a unique perspective into
how economic disinvestments can devaState a community. As a
girl, I often rose at 4 a.m. to help my father run his bodega
in the Bronx. I refined my math skills by calculating taxes for
my mother's Avon sales. My father took his own life when I was
13 during the devastating global economic crisis of the 1980's.
I saw his struggles. I know that business owners often walk a
thin line between success and failure. I know nothing more
devastating to an entrepreneur than when their life dreams fall
apart.
In economic development, every challenge is truly an
opportunity. As we work through this pandemic, we are at a
unique juncture with the chance to make critical investments in
infrastructure, support tomorrow's industries and prepare our
citizens for the work force of the future. We have the
opportunity to put Americans back to work and increase our
global competitiveness. Our economy must be inclusive and
generate growth in communities large and small, and develop
strategies that have social and economic impact together with
communities across the Country, whether they be urban, suburban
or rural.
Throughout my career, I have had the opportunity to work
with diverse communities across the Country from McAllen, Texas
to Rockford, Illinois, Wheeling, West Virginia to Wenatchee,
Washington, and so many others. Supporting these communities
has never been more important. If confirmed, I will be rolling
up my sleeves as we rebuild our economy. If confirmed, I will
be, in a sense, returning home. The Department of Commerce is
where I have spent the bulk of my time in government. In 2014,
former President Obama tapped me to lead the Minority Business
Development Agency, an appointment close to my heart given my
own family's background in small business.
While I was at the MBDA, we cut overhead and moved more of
the budget into directly supporting minority business owners
with resources such as grants and technical assistance funding.
I also served as the Special Advisor to the Under Secretary for
the International Trade Administration where I assisted in the
development of policy initiatives geared toward promoting
American businesses and industries across the globe. It would
be a great honor to continue my public service and utilize all
that I have learned and experienced in the legislative, policy
and programmatic arena, as well as my ability to lead large
organizations toward transformational change and impact.
If confirmed, it is my understanding that I will also be
the first woman of color to hold this position. That, too,
would be an immense honor. This role demands nothing short of
excellence, accountability and measurable outcomes in its
execution. I commit to working with all of you and the
dedicated and committed career civil servants at EDA to earn
the confidence of the American people. Thank you again for the
opportunity to address you today. I look forward to your
questions.
[The prepared statement of Ms. Castillo follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator Carper. Thank you very much, Alejandra, for another
terrific statement. Sometimes when people are nominated to come
before our committee, I have a chance to talk privately and
personally with them. I always ask them to talk about their
parents and the values they learned from them growing up. Each
of you just told extraordinary stories. You picked the right
parents. We have one more to go. That is Jane Nishida. You are
welcome to make your opening statement. I understand there
might be a niece named Megan out there somewhere. She has her
hand up. Megan, how are you?
Sometimes, every now and then, Megan, I notice a relative,
or it could be a spouse or whatever, a niece, that their lips
are moving when the nominee speaks. I am going to watch you
carefully to see if she is taking her cues from you. We are
glad you are here. I know you are proud of your aunt. Go ahead,
Jane.
STATEMENT OF JANE NISHIDA, NOMINEE TO BE ASSISTANT
ADMINISTRATOR FOR INTERNATIONAL AND TRIBAL AFFAIRS OF THE
ENVIRONMENTAL PROTECTION AGENCY
Ms. Nishida. Thank you, Chairman Carper, Ranking Member
Capito, distinguished members of the committee, I am honored to
come before you today as President Biden's nominee for
Assistant Administrator for International and Tribal Affairs
for the U.S. Environmental Protection Agency. I want to first
acknowledge my family who are joining remotely from Portland
and Seattle and, as you just pointed out, my beloved niece,
Megan, who is here in person to support me. Thank you, Megan.
Senator Carper. Who are some of the folks joining us
remotely from Portland?
Ms. Nishida. My brother, Robert, and his family and my
brother, Charles and his family in Seattle.
Senator Carper. Welcome to both of them.
Ms. Nishida. Thank you.
I know my parents are also with me in spirit, especially my
father who served in the U.S. Army and also the U.S. Government
for over 30 years, who instilled in me the importance of public
service. I also want to give a special thanks to Senator Cardin
for your kind and generous words in introducing me here today.
As Senator Cardin pointed out, we have known each other for 40
years. When we were very young, as Senator Cardin pointed out,
I had the pleasure of working under his leadership when he was
the Speaker of the Maryland House of Delegates. Thank you,
Senator Cardin.
Senator Carper. I understand he spoke at your elementary
school.
Ms. Nishida. Exactly. That is when we first met, in
elementary school. For over 30 years, I have worked in the
environmental field. Senator Cardin pointed out for over 40
years, I have worked in the environmental field, working in
both Federal and State government, in international and non-
governmental organizations.
It has been my privilege to spend the last 10 years at EPA
working alongside the incredible staff at EPA who have
dedicated their careers to furthering the agency's mission to
protect public health and the environment. I spent the first 20
years of my career in the State of Maryland, including 7 years
as the Maryland Secretary of the Environment. As Senator Cardin
pointed out, one of my greatest accomplishments in Maryland was
working with him to enact the Landmark Critical Areas law to
protect the Chesapeake Bay.
In that legislation, I worked closely with diverse stewards
of our environment, the farmers, the fisher folks, the local
governments, the NGO's and citizens of Maryland. I saw
firsthand the interconnections between agriculture and resource
protection, economy development and the environment.
In 2011, I joined EPA first as the Director of the Regional
and Bilateral Affairs Office within the Office of International
and Tribal Affairs, and then in 2013, I was promoted to the
Office's Principal Deputy Assistant Administrator, the office I
currently hold. Taking on this second role has given me the
opportunity to serve the 574 federally recognized tribes in the
United States and to visit Indian Country. It has been an
inspiring experience, allowing me to see first-hand the amazing
resilience of the Santa Clara Pueblo from what they had to go
through in the devastating wildfire in 2011.
Since Senator Inhofe has now joined us, I also was able to
visit the Quapaw Tribe's impressive clean-up of the Tar Creek
superfund site. It was truly amazing. I also visited the
Swinomish Tribe and saw all the important water quality work
and programs they are doing there. It motivated me to
strengthen EPA's tribal consultation policy. I am proud EPA was
the first Federal agency to incorporate the consideration of
treaty rights and resources.
Globally, foreign nations are facing similar challenges as
our tribal nations. These are challenges of extreme weather
events, climate change, water quality, environmental cleanups,
and environmental justice. The United States and EPA has a long
history of providing environmental leadership in our bilateral
relationships with countries and in multilateral forums. By
sharing our regional and local best practices and our
scientific expertise and private sector innovations, much of
the world has come to view EPA as the gold standard of
environmental protection.
My office has helped by promoting regional cooperation in
Asia to improve air quality and has provided technical
assistance in Central America to improve environmental
governance. More recently, my office has focused on the global
challenge of marine litter, collaborating with other Federal
agencies, the private sector and NGO partners to promote
policies and practices to reduce marine litter.
Should I be confirmed, I look forward to continuing to
advance EPA's leadership and mission with both our tribal
partners in Indian Country and our international partners
around the world. Thank you. I look forward to answering your
questions.
[The prepared statement of Ms. Nishida follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator Carper. Ms. Nishida, thank you for that statement.
We will now begin some questions for our witnesses. Senator
Cardin and I sit side by side in the Finance Committee and side
by side on this committee. He probably gets tired of seeing me
but it is a joy to serve with him.
Senator Inhofe and I served together in the House a million
years ago and now we get to work together here. He is a former
chairman of this committee and of the Armed Services Committee.
Senator Inhofe. I sure got tired of seeing you.
[Laughter.]
Senator Carper. There was probably a day or two that you
did. I need to run over to the Finance Committee for a few
minutes. Senator Cardin is going to hold the gavel. I will be
back as quickly as I can and rejoin the questioning. I leave
you in very good hands. I look forward to seeing you all again
soon. Thank you.
Senator Cardin. [Presiding] Thank you, Mr. Chairman. Again,
let me thank all three of our nominees. Your background, record
and commitment to public service is very, very impressive. We
have a lot going on today. Secretary Yellen is before the
Senate Finance Committee. That is where Senator Carper is going
to ask some questions. I will be joining him in a little bit.
The Commerce Committee is marking up a major part of the
infrastructure bill this morning. There are a lot of things
going on.
Recognize there will be some distractions here in our
committee but we wanted to advance your nominations as quickly
as possible with hearings. Mr. Prieto, I want to start with
you, if I might. I appreciate our opportunity yesterday to have
a conversation about enforcement issues but with Jane Nishida
here, I am going to ask you a question about the Chesapeake
Bay.
We have worked long and hard on the Chesapeake Bay Program.
It was built from the local government up with State and local
governments coming together with stakeholders, including the
agricultural community, the development community, local
governments in an effort in which we all agreed we had to do
best science to save the Chesapeake Bay, a national treasure.
It was really an extremely dangerous situation considering the
historic loss of oysters and the amount of development in the
watershed, so we took dramatic actions at the local level with
the support of all our stakeholders.
The business community, the labor community, and the
farming community joined with six other States and the District
of Columbia to form the Chesapeake Bay Alliance. We came to the
Federal Government and it joined us. They are basically the
enforcement arm to make sure we do what we way we will do under
the Bay agreements and enforce through TMDLs. I say that
because recently litigation was filed with concern as to
whether the State of Pennsylvania was living up to their
commitments and whether EPA, in fact, was doing what it was
responsible to do and enforcing the agreement. In a way, it was
a friendly lawsuit. The State of Maryland has joined it.
My question to you is you are going to play a critical role
to make sure we move forward with the commitments under the
Chesapeake Bay Program using best science and respecting local
priorities in meeting those targets. I would just ask your view
as to how you can accommodate the advancement of the Chesapeake
Bay Program initiatives and preserve this national treasure?
Mr. Prieto. Thank you very much for that question. Again,
thank you again for your graciousness yesterday in spending
some time with me. Again, I want to recognize your leadership
obviously in this area. During my Federal service, I have been
a longtime resident of Maryland and recognize the work as well
as my colleague, Ms. Nishida, in this very, very important
matter.
Senator, you mentioned litigation. I will be fully briefed.
I know this is a priority and look very much to getting a
briefing in terms of the status of the litigation. Again, I
also look forward to working with the very, very talented
career staff at the Office of Water, the concept of TMDLs and
the MPDS, something I am familiar with and look forward to
working with them, being briefed and working toward resolution
of this litigation.
Again, thank you, Senator, for your leadership and I very
much look forward to working on this issue if confirmed.
Senator Cardin. If confirmed, do you commit to working with
members of this committee, keeping us engaged and informed as
this process moves forward?
Mr. Prieto. Senator, absolutely. Again, I absolutely
respect the relationship, the bipartisan nature of this
committee and again, look forward to working closely with this
committee on all of these important issues.
Senator Cardin. Ms. Castillo, I appreciated our
conversation. EDA plays a critically important role. I was
listening to Senator Capito talk about a concern of hers about
a particular project. We talked about one of our requests which
happened to be in Annapolis dealing with tourism which was part
of the focus of the COVID relief funds made available to EDA. I
was very pleased by our conversation.
EDA can play a critically important role in communities
where we have challenges in employment and where we have to
deal with providing opportunity so communities can survive. I
think about broadband where EDA has played a critical part in
the last mile connections, in broadband, rural areas and
underserved communities. Could you share with us your view as
to how EDA can aggressively help us reach underserved
communities with economic opportunity?
Ms. Castillo. Senator Cardin, thank you for the question.
As I said in my opening statement, in many ways this is a
personal issue for me because I grew up in these types of
distressed and disenfranchised communities. I would also say in
my professional journey, I worked very closely on the ground
with different communities. EDA's mission at this moment in
time, a truly critical mission as you pointed out, is to
provide assistance, planning funding and opportunities to look
at the whole spectrum of issues that impact but also to
leverage the tools EDA has in its capacity.
I will also tell you, as you spoke about broadband,
President Biden has made a commitment to bring broadband to
all. I would also say my experience at Commerce is to also
leverage the other different agencies, like NTIA, for which
broadband is a true core. I would say, Senator Cardin, that if
confirmed, my goal at EDA is to make sure we are leveraging all
of our resources, reaching out to communities, as I mentioned
to you, to travel to make sure we are not only inside the
Beltway but reaching communities large and small in a number of
different ways.
Senator Cardin. Thank you very much.
Senator Inhofe. Thank you, Mr. Chairman. I think Senator
Lummis has made a request to go ahead of me. If that is the
case, that is fine with me.
Senator Cardin. Senator Lummis is available by WebEx.
Senator Lummis, you may proceed.
Senator Lummis. Thank you, Senator Cardin, and Senator
Inhofe for giving me the opportunity to precede you. My first
question is for Mr. Prieto. I would like to talk about regional
haze. Wyoming has a long history of regulating its air quality.
That means we have a long history of working with the EPA.
Wyoming's Department of Environmental Quality, the regional
office of EPA, our AG's office, the Governor's office, and
Pacificore worked on two regional haze agreements that have
been the subject of years of negotiation and litigation. The
two power plants involved are the Wyodak plant near Gillette
and the Jim Bridger Plant near Rock Springs. Last year,
agreement was reached with all these parties. In summary, the
EPA agreed to use the State implementation plan with some EPA
required revisions for both plants.
These were really remarkable achievements that recognized
the importance of State directed and managed enforcement
decisions under State primacy. The result is that the regional
haze guidelines were met and met with the agreement of the
parties including EPA under the State implementation plans and
not the top-down Federal plans. Just last week, Wyoming was
informed the Jim Bridger agreement would not be sent to the
Federal Register to complete the process. Again, this agreement
was the result of negotiations and met every EPA request and
requirement. That decision appears contrary to Administrator
Regan's earlier statements recognizing the proper role of
States.
Mr. Prieto, should you be confirmed as General Counsel,
will you review the Jim Bridger decision and commit to review
both the Jim Bridger and Wyodak settlement agreements that if
the regional haze goals are met, the State implementation plans
should be honored?
Mr. Prieto. Senator, thank you very much for that question.
I also recognize the importance of not only SIPs in terms of
the working relationship we have with our State partners, but
in general the working relationship EPA does have with its
State partners. I can tell you having experience in working
with State partners in my various roles, it is a relationship I
believe is very, very important and something I know
Administrator Regan has committed to. I would also commit to
provide the legal counsel to support those efforts.
If confirmed, Senator, again, as you know, I am not part of
the Administration at this point, but I would very much like to
be briefed on this particular matter so I can review the
situation. I can commit to you, Senator, that I will be
briefed, I will make myself familiar with this particular
situation, again recognizing the important relationship that
EPA does have with its State partners.
Senator Lummis. Thanks very much, Mr. Prieto. As you can
see, this is a really important topic for my State, especially
after all the years of negotiation that has occurred among all
of the parties. I have another question. You will not be
surprised about this question. I am really concerned about the
EPA's announced plans to scrap the Navigable Waters Protection
Rule. You previously served as General Counsel at USDA, which
manages the 193 million acres in the U.S. Given that
experience, in your view, where does Federal jurisdiction of
waters end?
Mr. Prieto. Thank you very much, Senator, for that
question. I am absolutely happy to answer. Senator, as you know
the Clean Water Act does give the Federal Government the
authority to determine which waters should be protected and
which waters should not be protected from a Federal standpoint.
I also absolutely appreciate your acknowledgement of my
experience in the government as well as serving at USDA. I
understand the balanced approach that is necessary on many of
these issues.
I can say, and I support Administrator Regan and the Office
of Water's approach, that they will be looking at the past
examples and will learn from those, and there will be very
broad stakeholder outreach, not only to our State partners and
our tribal partners, but also to the other interested entities.
I very much look forward, Senator, to working with the
Administrator and the Office of Water to engage in that
particular support to promote that legal counsel and legal
support, again, in acknowledgement that there are many
regulated entities that should be a part of that approach.
I know the Administrator has already committed to doing so.
I very much look forward, if confirmed, to supporting his
efforts and seeking that broad stakeholder approach as we find
the balance necessary, move forward and follow again the
science and the law in coming up with the appropriate way to
regulate the waters of the United States.
Senator Lummis. Thank you, Mr. Prieto. My time has expired.
Senator Inhofe, thanks for letting me go ahead. Thank you, Mr.
Chairman. I yield back.
Senator Cardin. Thank you, Senator. We will now go to
Senator Inhofe.
Senator Inhofe. Thank you, Mr. Chairman. I appreciate that
very much. Let me just kind of build on a little bit what
Senator Lummis was talking about, because that is one of the
major things I wanted to bring up and talk about. A lot of us
had serious concerns with the Administration's recent
announcement that it will repeal and replace the Trump-era
Navigable Waters Protection Rule.
Now, I don't think I heard you say that in those words.
What would your position be on that?
Mr. Prieto. Senator, again, I have not had the opportunity
to review that announcement. But I do note that the
Administrator has indicated, and again, through the Office of
Water, that as they move forward in this particular area, that
they are going to engage in that very broad stakeholder
approach. I think that it is important to State that, as I
mentioned to Senator Lummis as well, is that there needs to be
that opportunity as another rulemaking process, if in fact that
does take place, to ensure that all of the regulated
communities are going to have the opportunity to speak to this.
Senator Inhofe. OK, and I appreciate that. Let me kind of
hurry on a little bit because you are familiar with the
statement that was made, the specific and significant
environmental harm or implementation challenges of the Trump
rule. I heard the statement made by more than one. And yet no
one is specific as to what that specific and significant
environmental harm comprised of. Can you help me with that?
Mr. Prieto. Senator, what I would say in terms of that
statement, again, I am not part of the Administration. I can
commit to you, Senator, though, that if confirmed, that I will
look very closely and support Administrator Regan and the
Office of Water, as they move forward in that process. I was
not involved in making that particular statement.
But I do think, Senator, and I think again this is very
important, I think it is the interest of Administrator Regan to
go through a process that will ultimately end up with a durable
rule, a rule that brings certainty. I think that is something
that all of the regulated communities, as well as this
committee, is looking forward to. I am committed to that
process with the ultimate goal of reaching that particular--
Senator Inhofe. And I appreciate that, but let me just ask
you, are you familiar with any specific and significant
environmental harm?
Mr. Prieto. Senator, I again, not having crafted that
particular language and not having looked that, I would not
comment on that statement. But I do look forward, if confirmed
Senator Inhofe. Either you are or are not familiar with it. Are
you familiar with any of that level of harm? Mr. Prieto. I am
not familiar with any levels of harm, I don't know what that
statement is referring to in terms of specifics, Senator.
Senator Inhofe. That is very good. Ms. Nishida, first of
all, your comments, the fact that you are interested in the
problems that we have had and successes, that success with the
Quapaws was one that I was right in the middle of for a period
of about 8 years. So I am very familiar with that. That was
successful.
Now, in May, I sent a letter to the President regarding the
Administration's lack of transparency in developing its new
Paris Climate Nationally Determined Contribution Emission
Pledge. Now, I have not received any response back from that.
Assuming that you are confirmed, which I believe you will be,
would you see to it that I do get a response to that request
that I made some time ago?
Ms. Nishida. Thank you, Senator, for your question with
regard to the Paris Agreement. President Biden has made
addressing the climate crisis a priority for the entire
Administration. So my office will be working with the other
offices within EPA and with our colleagues in the State
Department and the White House to take a whole-of-government
approach to addressing the climate change, including the NDC
commitments that we have under the Paris Agreement. So I will--
Senator Inhofe. I hate to interrupt you, but this question
is very specific, and that is, would you see to it that I get a
response to the letter and the request that I made? I don't
have the date of this, but it has been some time now. Just
getting a response.
Ms. Nishida. Senator, I am not familiar with your letter,
but I will certainly work with the appropriate officials in the
U.S. Government----
Senator Inhofe. And would you let me know either way once
you do that?
Ms. Nishida. Senator, I will, as I mentioned, I will work
with the appropriate officials to let them know of your concern
with regard to your letter.
Senator Inhofe. I would appreciate that very much.
Ms. Castillo, I thank you, I know I abused your time by
going into a lot of the detail. But I am so familiar with what
you folks do, and I am so impressed by it. I will look forward
to working with you on it, probably on more of a regular basis
than you would really want right now.
Ms. Castillo. Thank you, Senator.
Senator Inhofe. Thank you, Mr. Chairman.
Senator Cardin. Senator Kelly.
Senator Kelly. Thank you, Mr. Chairman.
Ms. Nishida, it is good to have the opportunity to speak
with you again. As we discussed on our call, we need EPA's full
commitment to prioritize the cleanup of over 500, 500 abandoned
uranium mines across the Navajo Nation. These mines threaten
groundwater supplies used by tribal members. Folks who live on
the Navajo Nation have a documented higher rate of uranium
related health issues thank folks who don't.
Arizona needs a strong advocate in you and Administrator
Regan to accelerate existing plans to clean up these mines.
Would you agree that the President's Executive Order on
Environmental Justice makes the Navajo project a top priority
for the EPA?
Ms. Nishida. Thank you, Senator, for your question. Thank
you for the time to meet with me earlier. As you point out, the
Navajo Nation is facing serious problems. It is not right that
the parents of Navajo children are fearful about whether or not
their groundwater is contaminated, or whether their children,
when they are out playing, whether they may be playing near an
abandoned uranium mine.
So I do agree with you that this is a top priority for EPA.
Administrator Regan also believes this. That is why we have
taken aggressive enforcement actions and have now had $1.7
billion in settlements. That settlement money will go to help
address the cleanup of many of the uranium sites.
In addition to the settlement money, we are pursuing other
avenues as well. We are working with other Federal agencies
like the Department of Energy, USDA, and Interior, because we
know that the legacy in terms of uranium and mines is going to
require additional resources.
Senator Kelly. So the settlement, the $1.7 billion, that
still doesn't sound like enough to clean up all the mines over
the next 10 years. Is that correct?
Ms. Nishida. Unfortunately not, Senator. The $1.7 billion,
the EPA just completed a 10-year cleanup plan. Under the
cleanup plan, we will be hiring new project remedial officers.
We will also be issuing contracts, some of which will be to
members of the Navajo Nation. In addition, we are building the
capacity of the Navajo Nation to address the cleanup
themselves.
However, this is not going to be able to address all the
sites. It is only going to partially fund it. That is why we
are working with other Federal agencies and we are pursuing
other settlement actions so that we can have more resources to
address this serious problem.
Senator Kelly. Do you have an estimate for what the total
cost to clean up all 500 abandoned uranium mines would be?
Ms. Nishida. No, unfortunately, we do not have an estimate
at this time.
Senator Kelly. OK, thank you.
Ms. Castillo, thank you for joining us today. As you know,
the American Rescue Plan Act provided EDA $3 billion for
economic development assistance awards including a new program
which I supported that provides dedicated funds for hard-hit
industries, like recreation and tourism. It is important that
as EDA prepares to disburse these funds, they are done in an
equitable way throughout the Country and within Arizona. Yet in
recent months, I have heard from many Arizona stakeholders who
felt left behind as EDA was distributing CARES Act funding.
After looking at the number of grants funded in Arizona last
year, as compared to other States, it is clear that more must
be done to meet the outstanding needs of Arizona communities.
Ms. Castillo, as EDA prepares to distribute ARPA funds, how
important do you believe outreach and quality technical
assistance programs will be to ensuring that these funds have a
long-term impact on hard-hit communities?
Ms. Castillo. Thank you, Senator Kelly. I greatly
appreciate the question. I will tell you that in my opening
statement, as well as just my commitment overall, I strongly
believe that EDA funding must go to communities overall, all
around the Country. I recognize your concern. I hope to work
very closely with you and your team as we look in terms of the
deployment of these funds.
But more importantly, making sure that we engage, we
communicate, and we have a transparent process to provide
technical assistance and support, and making sure that those
grants are successful. So if informed, I look forward to
working with you. I have visited numerous times in Arizona, and
I would like to support you in any way possible.
Senator Kelly. Thank you, Ms. Castillo. Thank you, Mr.
Chairman.
Senator Cardin. Senator Markey.
Senator Markey. Thank you, Mr. Chairman.
Ms. Castillo, as you know from your experience in minority
entrepreneurship and economic development, it does take more
than a new bridge to close the economic gap found in our
disadvantaged communities. Environmental justice communities
need large scale investments in climate infrastructure to
lighten their pollution burdens. But if communities aren't
ready to take on those major projects, those projects may never
take place. So I am working on new legislation that would
leverage the Economic Development Administration's expertise
and existing grants to support disadvantaged communities in
identifying and planning out infrastructure projects.
Ms. Castillo, if confirmed, will you commit to working with
me on this key priority to ensure that our communities have the
resources they need to take the first steps in developing
climate projects?
Ms. Castillo. Senator Markey, thank you for the question. I
truly enjoyed our conversation the other day, and indeed, if
confirmed, I will very much commit to working closely with all
the Members of Congress. Because I strongly believe that in
essence we must be able to be accountable and to provide as
much assistance, whether it is technical assistance, planning
assistance, an array of resources that EDA has at its disposal,
but also leveraging, as I mentioned before, the breadth and
scope of the Department of Commerce to make sure that we are
working in collaboration across Commerce but also across the
Federal Government to make sure that disenfranchised
communities are reached and appropriately funded.
Senator Markey. So you will work with me on this priority.
Ms. Castillo. It would be an honor to, sir.
Senator Markey. Beautiful. Thank you.
I recently introduced the Environmental Justice Mapping and
Date Collection Act with Senator Duckworth and Representative
Cori Bush from Missouri. That legislation would identify
inequities between communities and would help ensure that at
least 40 percent of Federal investment benefits flow to
disadvantaged communities, as stated in President Biden's
Justice 40 agenda.
Ms. Castillo, as Assistant Secretary, will you support
efforts to target investments and track progress in
disadvantaged communities?
Ms. Castillo. Senator, I will say that the data is
critical. I am a huge proponent of making sure that we leverage
data to make the best decisions possible. If confirmed, I very
much welcome the opportunity to work with you and to continue
to make sure that those dollars and funds are reaching
disenfranchised communities in new and different ways to make
sure that economic development is realized.
Senator Markey. Thank you. It is a very high priority that
Senator Duckworth and I have on this committee, that be the
ultimate outcome of the new investments which we are going to
be making. Unfortunately, sea levels aren't the only thing
rising on our oceans. Emissions from international maritime
shipping have risen by 10 percent in the last 10 years. Right
when we need to be cutting our emissions the most, the trend
may only be betting worse. According to the International
Maritime Organization, shipping emissions could increase by as
much as 30 percent by the year 2050. That is why in April I
reintroduced my legislation calling for the Expanding META Act,
which would fund research and activities related to zero
emission technologies from ports and vessels. We need strong
international agreements on shipping emissions, but industry
interests in certain countries have reportedly blocked the
progress that we need.
The United States has the opportunity to lead on these
discussions through the Environmental Protection Agency's
Office of International and Tribal Affairs. Ms. Nishida, if
confirmed, will you work to support the shipping industry in
taking steps to reduce its role in the climate crisis?
Ms. Nishida. Thank you, Senator, for this question. My
office in EPA has been working with the maritime industry. We
have also been working with the International Maritime
Organization to address the pollution, the emissions that you
just rightly pointed out are coming from the shipping industry.
We are also working with ports around the world as well. So
while I am not familiar with the particular piece of
legislation that you just identified, I look forward to working
with you and your office.
Senator Markey. OK, thank you. The International Maritime
Organization delegates range from oil companies to shipping
magnates, the perpetrators of the climate crisis are staying in
power and not paying for pollution. So Ms. Nishida, if
confirmed, will the EPA act as a counterbalance to any
interests that are watering down our maritime shipping
ambitions?
Ms. Nishida. Senator, we work with diverse stakeholders. We
work with the shipping industry, but we also work with NGO's
and we have worked very collaboratively with a number of
stakeholders on the important issues not only of shipping in
terms of emissions, but in terms of oceans in general. We will
continue to do that to ensure that there is a balance at the
IMO in terms of addressing this issue.
Senator Markey. I thank you. I think in a lot of ways it is
not balanced. We need a counterbalance now because it has been
so disproportionately skewed toward those vested interests that
really have an economic stake in not reducing pollution.
Thank you all so much. Thank you all for your service.
Thank you, Mr. Chairman.
Senator Cardin. Thank you,
Senator Markey. I think I hear Senator Carper coming back.
Maybe not. Yes, how did I know that? I will turn it back over
to Senator Carper.
Senator Carper. [Presiding]
Senator Carper. thank you very, very much. I understand
there is no one else in line to ask questions. As you may know,
there are three standard questions we ask of our witnesses. On
one of my other committees, Homeland Security, we ask the
witnesses to stand and take an oath to be truthful. You look
trustworthy, so we won't do that. Actually, that is not the
tradition of this committee, we just ask the questions.
I would ask a question, I will start with you, Ms.
Castillo. Do you agree if confirmed to appear before this
committee or designated members of this committee and other
appropriate committees of the Congress and provide information
subject to appropriate and necessary security protections with
respect to your responsibilities? Do you?
Ms. Castillo. I do.
Senator Carper. Jane?
Ms. Nishida. Yes, I do.
Senator Carper. Mr. Prieto?
Mr. Prieto. Yes, I do, Senator.
Senator Carper. Thanks very much.
Second question, I will start again with you, Ms. Castillo,
do you agree to ensure that testimony, briefings, documents,
and electronic and other forms of communication or information
are provided to this committee and its staff and other
appropriate committees in a timely manner?
Ms. Castillo. I agree, yes.
Senator Carper. Thank you. Jane?
Ms. Nishida. Yes, I agree.
Senator Carper. Mr. Prieto?
Mr. Prieto. Yes, I do, Senator.
Senator Carper. Thank you all. You are two for two. One
more. Do you know of any matters which you may or may not have
disclosed that might place you in conflict of interest if you
are confirmed?
Ms. Castillo. I don't know of any matters.
Senator Carper. All right.
Ms. Nishida. No, I do not.
Senator Carper. Mr. Prieto?
Mr. Prieto. No, I do not, Senator.
Senator Carper. Good. All right. Mr. Sullivan, Colonel, how
are you, my friend? Senator Sullivan. Mr. Chairman. Senator
Carper. Marine colonel right here. Extraordinary.
Senator Sullivan. Thank you, Captain.
Senator Carper. Would you like to get situated? I am
willing to just turn right to you if you want, to lead us off.
We have our three witnesses; Mr. Prieto's family just has an
extraordinary record of military service. Extraordinary.
Senator Sullivan. Great. I am ready. Senator Carper. You are
recognized. Senator Sullivan. Thank you, Mr. Chairman. I want
to thank the nominees for your desire to serve our Country,
continuing to do that. That is really important. I want to get
a commitment from all of you first. Have you been to Alaska
before?
Mr. Prieto. Yes, Senator.
Senator Sullivan. And can I get a commitment from you guys
to come up and meet with my constituents on a lot of these
issues?
Mr. Prieto. Absolutely, Senator.
Senator Sullivan. Ms. Nishida?
Ms. Nishida. Yes, I would be honored to return to Alaska.
Senator Sullivan. Great.
Ms. Castillo. I would be honored. And my mother, who is
here, loves Alaska.
Senator Sullivan. Good. I am glad she loves Alaska. So do
I. Let me talk about a couple issues. We get a little bit, I
will just be very frank, the EPA is not always viewed as
helpful in my State. We care about our environment, we care
about our wildlife, probably more than anybody. But we also
care about jobs and economic opportunity. It is an important
balance. Sometimes, actually a lot of times, we don't think the
EPA cares about the jobs and economic opportunity things, which
really matter to all working families in America. So let me
ask, can I get a commitment from all three of you to balance
that and not make it so focused? Again, the EPA a lot of times
in my State doesn't have a great reputation, viewed as very
heavy handed, very anti-jobs, very anti-economic opportunity.
Can I get a commitment from all of you to remember to balance
that, particularly when you are looking at issues in Alaska? A
simple yes would do.
Ms. Castillo. Yes, Senator.
Ms. Nishida. Yes, Senator.
Mr. Prieto. Yes, Senator, I would follow again,
Administrator Regan is committed to that type of balance, and I
again would support that.
Senator Sullivan. Good. I have talked to him at nauseum
about the issue. So Ms. Nishida, let me go into a little bit of
issues with you. I have talked to Administrator Regan a lot
about this issue of environmental justice for minority
communities. We have a very large Alaska Native population; it
is almost 20 percent of the population in my State. Great
Americans, patriotic Americans. Alaska Natives serve at higher
rates in the military than any other ethnic group in the
Country. But a lot of times the issues, again, that the EPA
comes down on we view it as kind of anti-jobs, anti-economic
opportunity. So with regard to tribal matters, can I get your
commitment to really focus on what the community cares about?
Let me give you an example. We had this project; an energy
project called the Willow Project. Fortunately, the Biden
Administration, they put it on hold, but now they are going to
support. But of course, the issue of ANWAR, which in my State
is strongly supported by pretty much everybody. Yes, there are
some fringe groups that don't. All the Democrats, all the
Republicans, the vast majority of the Native people support it.
They are not against it, because it is jobs, it is opportunity.
Can I get your commitment to really look at what the leaders of
our Native communities want in terms of these kinds of issues?
Because a lot of times in the national press they get it wrong.
Can I get your commitment to look hard at that?
Ms. Nishida. Senator, as I indicated, I have had the great
fortune to visit your State on a number of occasions.
Senator Sullivan. And I know you worked hard on the
transboundary mining issues, and I appreciate that.
Ms. Nishida. I have had the opportunity in those visits to
meet with tribal leaders in your State. So I understand the
difficult circumstances that Alaska Native villages have and I
have worked through my office, through the Indian General
Assistance Program, to provide resources so that Alaska Native
villages can have the environmental programs and services that
they so need. So I will continue to work closely with the
Alaska Native villages and with your office to ensure that
provide the services that your State needs.
Senator Sullivan. Great. Let me raise one more issue, Mr.
Chairman, if I may. It is an issue that the Chairman and I have
worked on, and it is a little bit more detailed, but it is
something that there was good bipartisan progress on. I want to
get your commitment to continue it. Congress in 1971 passed the
Alaska Native Claims Settlement Act, what we call ANCSA, the
Alaska Native Claims Settlement Act. That provided 44 million
acres of land to our Alaska Native communities in fee simple.
And the largest land settlement for Native peoples anywhere in
the world, I still think it is. Very innovative, and Congress
passed that.
Unfortunately, a lot of that land that was transferred to
the Native people was contaminated, already contaminated. Now,
we fixed, a couple of years ago, again thanks to the Chairman's
help, this issue of CERCLA liability. Believe it or not, the
Federal Government said to the Native people of Alaska, here is
your 44 million acres of land, a lot of it is contaminated, now
you are on the hook from a liability perspective to clean it
up. That was obviously ridiculous, and we fixed, that finally
in Federal law here. But there has been some very innovative
approaches to try to clean that land up.
It is the Federal Government's responsibility. You can't
give people land that is polluted and say, you fix it. So can
you work with me? There were some good ideas with the EPA
during the Trump Administration, bipartisan, innovative ideas,
on how do we cleanup the contaminated lands the feds gave the
Native people in Alaska, unfair, and how do we work that? Can I
get your commitment to work with me and this committee and the
Native people in Alaska on innovative ways to clean up the land
that they were given in terms of a settlement with their
Federal Government, and it ended up all being polluted,
contaminated, not all, but a lot of it? Can I get your
commitment to work with us in this committee on that issue?
Ms. Nishida. Senator, the short answer is yes. You were not
here for my response to Senator Kelly with regard to work that
EPA is doing in the Navajo Nation. We understand that we honor
our government to government and our nation-to-nation
relationship with sovereign nations. Part of that
responsibility is to work with tribal nations to address the
contaminated sites on their tribal lands and how it affects
their tribal resources. So the short answer is yes, Senator.
Senator Sullivan. Great. Thank you very much. Thank you, Mr.
Chairman.
Senator Carper. Thanks so much for joining us today, and
for your responses to Senator Sullivan's questions. A question
if I could for Mr. Prieto. Mr. Prieto, as you know, during the
last couple of Administration, EPA has issued a number of high-
profile rulemakings that have been overturned by the courts.
The most recent example was the Climate Rule for Power Plants,
known as the Affordable Rule, the Clean Energy or ACE rule
issued by the Trump Administration. It was thrown out as you
know by the D.C. Circuit Court of Appeals at the beginning of
this year.
Not only was this a, I am tempted to say terrible rule, but
obviously not a very thoughtful one. Not a thoughtful rule. One
that contributed greatly to climate change, something that we
are working hard to address. But also the court found that the
EPA's rulemaking process was at fault. My question for you
would be, one of the lessons that you have learned, that we
should learn, maybe, from seeing the judiciary vacate EPA's
rules like the Trump ACE rule, how will you help EPA improve
its rulemaking process to make sure that new rules withstand
judicial scrutiny? Two-part question.
Mr. Prieto. Thank you very much for that question, Senator.
Again, as you know, the Office of General Counsel does have the
lead responsibility in terms of APA review, the Administrative
Procedures Act. It is something that is incredibly important
from a process standpoint. Senator, you are absolutely correct
that many times actions are dealt with the court because the
APA has not been followed correctly. It is an important rule,
it is an important rule relative to the aspect of giving the
public notice.
It is also an important rule in terms of allowing the
public to participate. And it is also an important rule in
terms of how that process actually takes place. I think lessons
learned, and I won't say in terms of EPA, but in terms of my
experience, both at the Department of Justice and at USDA, is
that I can assure you, Senator, that if confirmed that my
counsel would be again to follow the law as it relates to the
APA to ensure that if the court is reviewing this from a
procedural standpoint that the agency has followed it, has
followed it, has followed it diligently, and to leave those
issues to be resolved in another manner.
Senator Carper. All right. Thank you, Mr. Prieto. A
question if I could for Ms. Nishida. As you know, the tribal
consultation is one of the most important tenets of the tribal-
Federal relationship, tribes and tribal advocates who often
indicated that some Federal agencies treat tribal consultation
as a box-checking exercise. My question would be, how would you
propose to ensure that the EPA commits to true and meaningful
tribal consultation?
Ms. Nishida. Thank you, Senator, for that question. As you
just pointed out, tribal consultation is in fact the
cornerstone of our nation-to-nation relationship with our
tribal partners. So President Biden, one of the first acts that
he took was to direct all Federal agencies to review our tribal
consultation policy. I am proud, as I mentioned in my opening
remarks, that EPA was one of the first Federal agencies to
actually adopt our own tribal consultation policy.
Through this effort we have constantly looked at ways to
strengthen and provide meaningful consultation. We just
completed, in fact, consultation on our policy holding two
national webinars with tribal nations, and we are now in the
process of identifying the opportunities to strengthen it to
provide meaningful consultation. As I also mentioned in my
opening remarks, one of the important aspects for tribal
nations is the respect and honor of their tribal treaty rights
and their tribal resources. I am proud to say that EPA's
consultation policy was also the first in the Nation to
recognize tribal treaty rights and tribal resources.
Senator Carper. I don't think you mentioned informed
consent, but let me just ask. Do you think that the Federal
Government should move to an informed consent policy with
tribal nations instead of tribal consultation?
Ms. Nishida. The informed consent policy I know has been
considered by some States. I know it is also being considered
at the United Nations. President Biden has also reconvened the
White House Council for Native American Affairs. In that
council he has established for the first time an international
indigenous issues committee. That committee will be looking at
the U.N. declaration for the rights of indigenous people,
UNDRIP, which will include a discussion of informed consent.
Senator Carper. Good. Thank you. A question if I could for
Ms. Castillo. You come to this appointment, this nomination,
with quite a broad work history, from being the national
director of the Minority Business Development Agency at the
U.S. Department of Commerce to CEO of the YWCA. Based on your
experience both in the Federal Government and in the private
sector, what strengths will you bring to the EPA, especially
given that experience?
Ms. Castillo. Thank you, Senator Carper.
Senator Carper. I love it when witnesses say, ``thank you
for that question.'' By the end of the hearing, when they say
that, I say ``you are welcome.''
[Laughter.]
Ms. Castillo. Well, I bring over 20 years of experience in
the legislative policy and programmatic arena. I also bring the
experience of having worked at Commerce prior to being
nominated for this position. As well as the work that I have
done, going into communities and really working with
stakeholders and partners, I have a great passion for data,
making sure that we transform organizations into more data
driven, being able to collect and analyze and report, as well
as leading large organizations in terms of transformational
change.
As you well pointed out previously, EDA is in a unique
position to really scale and to make sure that it has not only
operational excellence but in terms of reaching communities and
unleashing innovative processes as well as innovation and
technology as well as preparing the work force for tomorrow.
So I think that I bring not only the skills and the
experience but also the passion. I love our Country; I have
worked for it. Right now, it needs our help. EDA is at that
very unique point to be that catalytic agency to create
economic opportunity and jobs.
Senator Carper. This is an exciting time to be part of the
EDA. I am happy that you might have that chance. We will see.
Mr. Prieto, another question, if I could, for you, doing civil
rights at EPA. Title 6 of the Civil Rights Act prohibits
recipients of Federal financial assistance from discrimination
on the basis of race, basis of color, national origin when
implementing programs and activities. However, in recent years
EPA's enforcement of civil rights has been, in the view of a
lot of us, woefully inadequate.
I think it was a 2016 report by the U.S. Civil Rights
Commission that found that low income and minority communities
lack, this is a quote from their opinion, ``lack the political
and financial clout to properly bargain with polluters when
fighting a siting decision or seeking redress from pollution
already in their community.'' That is a quote. My question
would be, what will you do, what could you do to rehabilitate
civil rights enforcement at EPA?
Mr. Prieto. Thank you, Senator. I would answer that in two
parts. As you indicated, as it relates to Title 6, there is an
Office of Civil Rights within the EPA. I can commit to you,
Senator, if confirmed, that we would work closely with that
particular office. They have responsibilities over the Title 6
matters and also protecting the rights of EPA employees. While
that is not part of the Office of General Counsel, again it is
an important role. I would look forward to working very closely
with that office in support to ensure that those particular
matters are addressed.
As it relates, Senator, in terms of settlements where OGC
is involved, again, under the Executive Order that I have
experience as it deals with environmental justice, 12898,
basically from the Department of Justice and EPA standpoint
really look to meaningful settlements and meaningful
mitigation. That included involving those communities that are
directly impacted to have a voice in many of those settlements.
I do think that is the responsibility and that is something
that we can continue to improve upon so that the communities
that are actually affected by the pollution have a meaningful
say in what those settlements and injunctive relief would
actually result in.
Senator Carper. Thanks very much for that.
The next question will be for you, Ms. Nishida. Let me just
note that a series of votes has begun on the Senate floor. We
are about halfway through our first vote. We will be wrapping
up here in about five or 6 minutes. So if you can hang in there
with us for five or six more minutes, we will adjourn.
Ms. Nishida, while tribal consultation is extremely
important, as you know, providing tribes and tribal communities
with additional resources such as technical assistance is also
vital to ensure that these communities have the tools necessary
to be successful. With that having been said, my question would
be this. Beyond tribal consultation and technical assistance,
what other activities or engagements can the EPA be conducting
to aid tribes and tribal communities?
Ms. Nishida. Thank you, Senator, for that question. Beyond
tribal consultation and technical assistance, EPA has a number
of avenues in which to support tribal governments. One that I
mentioned earlier to Senator Sullivan is the program that my
office manages, which is the Indian General Assistance Program
that provides resources to tribal governments and to tribal
nations, so that they can build their capacity to manage their
own environmental programs.
In addition, when they are ready, we have a program at EPA
called Treatment as a State, or Treatment as a Sovereign, so
that when the tribal governments request to have delegation of
EPA programs, we will review that and again, just as we would
with a State government, we will delegate program
responsibility to a sovereign nation and a tribal nation.
In addition, we have responsibilities, we call direct
implementation, where EPA will take responsibility for ensuring
the environmental protection and public health of a tribal
nation. So through our direct implementation responsibilities
we work very closely, not only with our regional offices, but
with the various program offices at EPA to ensure that
protection in Indian Country is as great as it is throughout
the rest of the United States. Thank you, Senator.
Senator Carper. Thank you.
I think the last question I would ask is more of a personal
nature. I am going to direct this to Mr. Prieto. I had
mentioned, and it was mentioned a couple of times, your
family's service, extraordinary military service. Would you
take the last minute or two and share with us a little bit
about that service and sacrifice?
Mr. Prieto. Thank you, Senator, and thank you on behalf of
my family. As I did share with you, the VFW Post in Santa
Paulo, California, is named the Mercer Prieto, named on behalf
of the Mercer family and the Prieto family. I did have three
uncles that were killed during World War II. One was a test
pilot for P-38s, one was a Marine in Bougainville, and one was
a paratrooper on the second day of D-Day, who was dropped
behind the lines.
I also have two living cousins in terms of service, one who
received the Distinguished Flying Cross for his service in
Vietnam, and another who was part of special forces in
Afghanistan during the early parts of that. And I say that to
say, Senator, that my family inspires me. I cannot match their
service. One of my cousins, one that I just mentioned, sent me
a note and said he was proud of me. I said, you inspire me.
Nothing compares to their service.
So I thank you for that opportunity, Senator, to say that.
Again, I am very proud of my family, their service to this
Country, their love of this Country. Again, I am just an
extension of their sacrifice, and I do my very small part in
terms of my public service. I am truly honored that you allowed
me that opportunity.
Senator Carper. When we have that conversation, I was just
struck. I am the last Vietnam veteran serving in the U.S.
Senate, with the death of John McCain. My grandmother is a Gold
Star mother. Her 19-year-old son died in a kamikaze attack on
his aircraft carrier, in the western Pacific in 1944. So we
know something about sacrifice and service. Those of us who are
privileged to serve here, it is our service to give honor to
those who have really sacrificed for this Country. So thank you
doing that.
I am going to give a short closing statement, then we will
do a little bit of final housekeeping. Again, thank you all for
joining us today. It has been wonderful to have a chance to get
to know you a little bit before the hearing. And even better to
see you right here, face to face. In some cases to see your
mom, or a niece, or a nephew, and to connect with others in a
more distant way. For those who have tuned in and taken in this
hearing, usually we have more members who show up for hearings.
The fact that we have actually fewer members showing up is
actually a good thing. Because it means there is not a lot of
controversy surrounding your nominations, which should shorten
the amount of time it takes to get your nomination up for a
vote on the floor and to have you confirmed. So it is a good
thing.
We appreciate very much your previous service, and we
appreciate very much your willingness to serve in these
important roles. We thank you for your testimony today before
our committee. I have to make some final housekeeping
announcements, then we are going to close. I love to make
unanimous consent requests when there are no other Senators
here so I can just ask for anything.
[Laughter.]
Senator Carper. I won't do that. But I would like to ask
unanimous consent to submit for the record a variety of
materials that include letters from stakeholders and other
materials that relates to today's nomination hearing. Hearing
no objection.
[The referenced information follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator Carper. Senators will be allowed to submit
questions for the record through the close of business on this
coming Friday, June 18th. We will compile those questions; we
will send them to our witnesses and ask our witnesses to reply
by 9 a.m. the next morning.
[Laughter.] Senator Carper. No, that is not true. We will
ask you to reply by Wednesday, June 23d, by close of business.
Wednesday, June 23. So it should be a long weekend for you.
With that, I don't see anybody else showing up. Do we have
anyone else remotely? No, we don't. So it was great to see you
all. Thank you again for being with us. With that, this hearing
is adjourned.
[Whereupon, at 11:50 a.m., the hearing was adjourned.]
[all]