[Congressional Record Volume 155, Number 68 (Tuesday, May 5, 2009)]
[Senate]
[Page S5126]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            HAYES NOMINATION

 Ms. MURKOWSKI. Mr. President, I ask that my letter to Senator 
McConnell, dated May 4, 2009, with its attachment, be printed in the 
Record.
  The material follows.
         U.S. Senate, Committee on Energy and Natural Resources,
                                      Washington, DC, May 4, 2009.
     Senator Mitch McConnell,
     Republican Leader, U.S. Senate, Washington, DC.
       Dear Senator McConnell, Under the provisions of the Honest 
     Leadership and Open Government Act of 2007 (section 512 of 
     P.L. 110-81), attached please find a notice of my intent to 
     object to proceedings on the nomination of David Hayes, 
     Calendar number 31, reported by the Committee on Energy and 
     Natural Resources on March 18, 2009. The reasons for my 
     objection are included in the notice.
           Sincerely,
                                                Lisa A. Murkowski,
                                        Ranking Republican Member.

                       Notice of Intent To Object

       Under the provisions of the Honest Leadership and Open 
     Government Act of 2007 (section 512 of P.L. 110-81), I, 
     Senator Lisa A. Murkowski, intend to object to proceedings on 
     the nomination of David Hayes, Calendar number 31, reported 
     by the Committee on Energy and Natural Resources on March 18, 
     2009, for the following reasons:
       During conversations with the nominees at meetings and 
     hearings, they have generally expressed very reasonable 
     views, including an affirmation of the need for continued 
     energy production in the United States.
       However, actions speak louder than words, and I am 
     disappointed and troubled by the lack of connection between 
     the rhetoric from the Administration and its nominees, and 
     the reality of the Administration's actions. Rarely a week 
     goes by that the Department of the Interior doesn't issue a 
     pronouncement, that, taken together, add up to a wholesale 
     assault on domestic natural resource development. A few 
     examples are: Cancellation of the Utah leases; 180-day delay 
     of the 5-year plan; delay of the new round of oil shale 
     research, demonstration, and development leases; listing of 
     the yellow billed loon; Monday's determination that the 
     mountaintop coal mining rule is ``legally defective,'' and, 
     most recently, the potential application of Endangered 
     Species Act consultation requirements to all activities that 
     may increase carbon output.
       Further, I have not been satisfied with the responses to 
     questions we have submitted on these matters to nominees that 
     have previously come before this Committee.
       Therefore, I will add my name to the list of those who 
     intend to object to the confirmation of Deputy Secretary-
     nominee David Hayes, until we can get some assurance that we 
     will see the actions of the Department of the Interior 
     comport with the transparency and process and policy that 
     they have promised.
       I will soon be sending a letter to the Department of the 
     Interior with detailed questions regarding my concerns.
       These are questions of huge significance to not only 
     American energy security, but to our ability to maintain our 
     Nation's entire infrastructure, and grow our economy.

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