[Congressional Record (Bound Edition), Volume 155 (2009), Part 9]
[Senate]
[Pages 11261-11266]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

 NOMINATION OF THOMAS L. STRICKLAND TO BE ASSISTANT SECRETARY FOR FISH 
                              AND WILDLIFE

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to consider the following nomination, 
which the clerk will report.
  The bill clerk read the nomination of Thomas L. Strickland, of 
Colorado, to be Assistant Secretary for Fish and Wildlife.
  The PRESIDING OFFICER. There will be 3 hours of debate with 1 hour 
under the control of the majority and 2 hours of debate under the 
control of the minority, with 30 minutes under the control of the 
Senator from Kentucky, Mr. Bunning.
  The Senator from Kentucky.
  Mr. BUNNING. Mr. President, I rise in opposition to the nomination of 
Thomas Strickland to be Assistant Secretary for Fish and Wildlife at 
the Department of the Interior. I have met with Mr. Strickland, and 
while he has a distinguished career in public service, I do not believe 
he is the appropriate candidate to fill this position. His disregard 
for second amendment rights, coupled with his position on domestic 
energy production, leaves me little choice other than to oppose his 
nomination today.
  In December of this past year, the Department of the Interior took 
great steps forward toward reversing the ban on lawful firearms in 
parks. However, because of one court case on technical grounds, 
millions of law-abiding park visitors find their second amendment 
rights challenged yet again. For decades, regulations enacted by 
unelected bureaucrats at the National Park Service and the U.S. Fish 
and Wildlife Service have prohibited law-abiding citizens from 
transporting and possessing operational firearms on Federal lands 
managed by these agencies. The enactment of these rules preempted State 
laws, bypassed the authority of Congress, and trampled on the 
constitutional rights of law-abiding Americans guaranteed by the second 
amendment for more than 170,000 acres of public lands. No other Federal 
land management agency has enacted anti-gun rules similar to the Park 
Service and Fish and Wildlife.
  Both the Bureau of Land Management and the U.S. Forest Service allow 
for the law of the State in which the Federal property is located to 
govern firearm possession. Neither of these agencies experienced any 
difficulties as a result of allowing firearm possession.
  I have met with my friend, Secretary Salazar, who is now the 
Secretary of the Department of the Interior, and told him of my support 
for repealing this firearm ban. At the time, Secretary Salazar agreed 
with me and

[[Page 11262]]

stated before the Senate Energy Committee that he supports repealing 
the ban. This is the same committee that voted this past November, 18 
to 5--I repeat that, the committee voted 18 to 5--to repeal the ban. 
Secretary Salazar, then-Senator Salazar, voted in support of the 
repeal. Because of one court case, the Department of the Interior is 
backpedaling on its original position.
  I believe this is an unsound policy and extremely shortsighted. This 
is why I, along with my good friend Senator Coburn and 16 other 
colleagues in the Senate, sent a letter to the Department of the 
Interior for a clarification of its views on this regulation. While I 
appreciate the Secretary getting back to me so quickly on this, the 
response I received was short and vague. I have always had a good 
working relationship with Secretary Salazar. In the past, he has gone 
out of his way to tell me personally of his support for second 
amendment rights. Rest assured, I will hold him to his word and will be 
watching this situation very closely as it continues to unfold. I will 
continue to work with the Department of the Interior to get this 
regulation implemented properly.
  I am also concerned about this nominee's stance on domestic energy 
production. I have long said, along with many of my colleagues in the 
Senate, that America has a domestic resource to meet its growing energy 
needs. In order to meet them, we need to use all our resources, 
including nuclear, clean coal, renewables, along with oil and natural 
gas. America has a wealth of oil and natural gas reserves that, if 
utilized properly and in an environmentally sound manner, could meet 
our energy demands for decades to come. The nominee before us today, 
Thomas Strickland, does not support using all forms of energy. He has 
been very public in his position that we should not open ANWR to 
domestic energy production. I have been to ANWR to see firsthand what 
all the talk was about. After visiting it, I am even more confident in 
my support for drilling there.
  We met with the environmentalists and villagers on the border of ANWR 
and talked to them about the desperate need of the United States for 
more domestic energy sources. There were a few residents who expressed 
opposition, but they were in a very small minority. The majority of the 
people living near ANWR, more than 75 percent, support drilling there. 
I know that Strickland, along with some of my colleagues in the Senate, 
is desperate to stop us from opening ANWR. The facts about ANWR, 
however, are not on their side. Some of these facts need to be 
repeated, especially for those who are new to this debate.
  ANWR itself is roughly the size of South Carolina. It is absolutely 
enormous. It is 19.6 million acres or 30,000 square miles. When we talk 
about drilling in ANWR, we are talking about clean drilling in an area 
that is less than 2,000 acres. That is one one-hundredth of 1 percent 
of the total acreage in ANWR. It is actually smaller than most 
airports.
  To say that drilling in this limited portion of ANWR threatens the 
entire environment of this refuge is farfetched and just plain wrong.
  During my trip, I visited the sites at Alpine and Prudhoe Bay. There 
is no doubt in my mind that we can develop ANWR in a safe and effective 
manner. Drilling will only be a small footprint in ANWR that can be 
carried out in an environmentally sound manner. State-of-the-art 
technology will lessen the environmental impact. The old stereotypes of 
dirty oil drilling don't apply anymore. We all want to do what we can 
to protect the environment, but it is not credible to say that looking 
for oil in this small, limited part of ANWR is a dangerous threat to 
the entire region. As our demand for energy is growing, we must 
increase our energy supply to keep up. ANWR is the most promising 
domestic source of oil we have. To automatically take it off the 
negotiating table, as this nominee has, is shortsighted.
  Finally, I have concerns with Mr. Strickland's stance on regulation 
for coal mining operations. The Commonwealth of Kentucky is home to 
some of our Nation's largest coal reserves. In fact, we have about 250 
years of coal reserves or about the same amount of coal reserves that 
Saudi Arabia has for oil. I am proud to come from a State that has coal 
reserves and firmly believe we have the ability to develop and use this 
natural resource in an environmentally sound manner. This is why I was 
pleased, last December, when the Department of the Interior issued a 
rule to clarify the disposal of excess spoil created by coal mining 
operations.
  The rule also requires mine operators avoid disturbing streams, to 
the greatest extent possible, and clarifies when mine operators must 
maintain an undisturbed buffer between the mine and the adjacent 
streams. Aside from striking a balance between environmental 
protections and responsible mining operations, this new rule clarified 
a longstanding dispute over how the surface mining law should be 
applied.
  Past confusion over how it should be applied has led to undue 
litigation, suspension of mining operations and, ultimately, job loss 
for many mining communities across the country and in Kentucky. In 
discussions I had with both the Secretary of the Interior and Mr. 
Strickland earlier this year, I expressed my support for this new rule 
and respectfully asked that they take this support into account. Both 
nominees stated they would not overturn the rule. Yet this past week 
the Department of the Interior reversed its position and asked for the 
rule to be overturned.
  Issuance of the rule represents the culmination of a 7-year process 
that was complete and well thought out. While developing the rule, the 
Office of Surface Mining solicited public input and received over 
43,000 comments on the proposal.
  They held four public hearings that were attended by over 700 people. 
When considering alternatives to the proposed rule in the Environmental 
Impact Statement, OSM selected the most environmentally protective 
option. It helps ensure that coal mining activities are conducted in a 
manner that protects both mining communities and the environment. 
Overturning this rule risks returning to a state of confusion about how 
to apply the surface mining law, risking the future of mining 
operations, local communities, and ultimately access to our most 
reliable domestic source of energy.
  In my home State of Kentucky, over 24,000 jobs are at risk should 
surface mining operations be disrupted. I repeat that. Over 24,000 jobs 
are at risk should surface mining operations be disrupted. This is 
about half the jobs at risk for the region of Kentucky, Tennessee, West 
Virginia, and Virginia.
  I am very disappointed that the Department of Interior, under the 
leadership of both Secretary Salazar and Mr. Strickland, chose to 
overturn this rule. Not only will it delay coal mining operations, but 
it will also jeopardize jobs and energy production. That is why I find 
myself on the floor unable to support this nominee today.
  Mr. President, I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mrs. BOXER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. BOXER. Mr. President, this is a good day for those of us who 
want to see this environment protected because we have before us an 
excellent nominee, Thomas Strickland, to be Assistant Secretary of the 
Interior for Fish, Wildlife, and Parks. Many of us know Tom, and we 
know he has the experience and the expertise to be an exceptional--an 
exceptional--Assistant Secretary of the Interior.
  He has an outstanding record of service in the public sector. In the 
1980s, he was then-Colorado Governor Richard Lamm's chief policy 
adviser, and he had extensive experience dealing with the Interior 
Department and Federal agencies on all natural resource issues.
  I say to the Presiding Officer, I think, as my colleague knows so 
well, one-third of Colorado is in Federal

[[Page 11263]]

lands, and the actions taken by the Federal Government in Washington 
have a profound impact on the State. So Tom's experience with public 
lands issues from that State's point of view will give him a valuable 
perspective as he works with State and local governments to make sure 
their needs are being met, their voices are being heard. The people of 
America can be comfortable in that because Tom comes to this work very 
much through a State lens.
  From 1985 to 1989, Tom was the head of the Colorado Transportation 
Commission, and he served as U.S. attorney for Colorado from 1999 to 
2001.
  On a personal level, Tom Strickland has a passion for the outdoors, 
and he has a commitment to public lands. All of us know that when we 
think about America, we think about our Constitution and we think about 
how proud we are of the freedoms we have. We also think about ``from 
sea to shining sea.'' We think about this amazing--amazing--gift we 
have been given. We must protect the environment, the parks, the 
rivers, the marshlands, the streams, the wildlife that rely on these 
assets. So in Tom Strickland, we have someone who gets it all. He 
understands the need to preserve our magnificent parks and open spaces, 
but for the benefit of the people.
  In the late 1980s and 1990s, he led an initiative called Great 
Outdoors Colorado which directed State lottery moneys to the 
acquisition of public lands for parks, open space, and conservation. 
This great achievement has left Colorado with a lasting legacy of 
public lands for future generations--with $600 million invested and 
600,000 acres protected in State parks, open space, and wildlife.
  Mr. President, a lot of times you will hear people say: Well, there 
is too much land--too much land--in open space. There is too much land 
that has been conserved. A lot of our friends on the other side of the 
aisle sometimes express that view. But what I want to tell them here 
today is, from my own experience in my own State--and I am sure our 
Presiding Officer, who is sitting in the chair, would corroborate 
this--the beauty we have in our States is a magnet for tourism, which 
is one of the largest businesses we have in the West and, frankly, 
throughout our Nation. People want to come and not look at congested 
highways. That is not why they come. They do not come to America to 
see, frankly, offshore oil rigs. They come to America to see the 
beauty--this God-given beauty of our Nation. I think Tom Strickland 
totally gets that.
  We certainly do live in a nation that is blessed with magnificent 
parks and spectacular wildlife refuges in all 50 States. In my own 
State--and I can tell you, people come from far and wide to see the 
wildlife refuges in San Francisco Bay and San Diego and our national 
parklands such as the Golden Gate National Recreation Area, Point Reyes 
National Seashore, and Yosemite National Park. I will tell you, Mr. 
President, the first time I stepped onto the parklands at Yosemite, I 
was awestruck. And all of you know I am not usually at a loss for 
words. But I was. I was overwhelmed with God's gift. We just need to 
appreciate this, and we need people in places of authority who 
appreciate this and who do get the connection between a clean and 
healthy environment and the physical health of our people; between a 
beautiful, clean, healthy environment and tourism and recreation and 
fishing and all the things that add so much value--dollar value and 
also just value to the spirit and value to the soul.
  Today, our parks and our refuges are threatened by budget shortfalls, 
maintenance backlogs, and other impacts. Because of the Endangered 
Species Act, we have saved some of America's iconic species, including 
the bald eagle. But there is much more to be done.
  Over 300 Fish and Wildlife Service positions have been eliminated 
since 2004. Funding shortfalls have limited public access. What is the 
point of all this beauty if the public cannot get access because we are 
so stressed in our budget? We have had reduced law enforcement in the 
parks, and we have seen threatened wildlife. Recent funding in the 
President's stimulus bill that we passed here will help to address some 
of the immediate needs, and I am so pleased about that. But a long-term 
solution is needed. If I can say, the long-term solution to this lack 
of interest in the last 8 years in our resources--this neglect of our 
resources--the first step, it seems to me--we will say the second step 
because the stimulus package was the first step--the second step is 
putting someone in charge of these treasures who really gets it, who 
really understands.
  When Mr. Strickland came before our Environment Committee, he 
impressed me with his understanding of these challenges, and he made a 
commitment to address them.
  During his nomination hearing, he pledged to uphold the commitment 
made by President Obama to restore scientific integrity by being--and I 
quote him--``open and honest with the American people about the science 
behind our decisions.'' Those are his words. So he is not coming there 
to just wake up one morning and say: Oh, I think I want to save this 
particular species because I like it. He is going to come there and 
talk to the scientists and make sure we are doing all we can to 
preserve and protect our heritage at the time when we have to take 
action because the scientists have pointed the way.
  Tom Strickland's nomination enjoyed strong support in the Environment 
and Public Works Committee. I believe he is an excellent choice to 
provide the strong leadership we need so we can oversee our unique and 
irreplaceable treasures.
  Sometimes when I need inspiration I read from different religions, 
and one of the quotes I read was written by a rabbi in the eighth 
century. I am not quoting it exactly, but the paraphrase is this--it is 
God saying: Please respect what I have given you because once you ruin 
it, it cannot be replaced. That is the essence of it. So it is not as 
if we have a do-over. If we lose these incredible assets--whether it is 
an endangered species such as the bald eagle or we lose the beauty of a 
clean-running stream because coal ash just leaked and covered it all up 
and there is no more stream--you really cannot get in there and do 
anything about it.
  So we need someone like Tom Strickland who has the experience--who 
has the pragmatic experience to seek that balance we need, that balance 
all of us need in this society between, yes, clean, sustainable 
development, but also sustaining the magnificent open spaces that, 
frankly, people who came before us--and as I look at the Presiding 
Officer, it is a very moving moment because we think of Congressman 
Udall, whom I worked with, who did so much to teach us about our 
obligation. Now we have two Senators Udall. What a spectacular thing 
that is.
  I think Tom Strickland comes before us today from Colorado with this 
background that we need to say: Thank you, Tom, for running--not give 
him a hard time about confirming him. This should be an overwhelming 
thank-you. Tom Strickland, thank you for doing it. Thank you for 
working so hard. Thank you for putting your name out there. Yes, you 
take the hits, but today I think you are going to get the votes. I am 
going to get down there in the well and make sure Tom Strickland is, in 
fact, confirmed.
  Mr. BENNET. Mr. President, I rise today to speak in support of the 
nomination of Thomas L. Strickland, to be Assistant Secretary for Fish 
and Wildlife and Parks at the Department of Interior.
  Secretary Salazar and Thomas L. Strickland are both legendary 
Colorado public figures in their own rights, and I cannot think of any 
two people better qualified to provide leadership in the Department of 
the Interior.
  Thomas L. Strickland was born and raised in Texas and later attended 
Louisiana State University, where he played football. He earned a J.D., 
with honors, from the University of Texas in 1977.
  Early in Strickland's career, he worked for Colorado Governor Dick 
Lamm, and later became Lamm's director of policy and research. In 
Colorado, such a prestigious statewide policy position requires one to 
be well-

[[Page 11264]]

versed in important issues affecting the West, and impacting public 
lands and water. In 1984, Strickland accepted a position at Brownstein, 
Hyatt & Farber, where he eventually became partner.
  Strickland was the Democratic nominee for the U.S. Senate in both 
1996 and 2002, but the seat eluded him, and though he lost both times 
to Senator Wayne Allard, Tom became well known throughout our State and 
he is extremely well liked and respected on both sides of Colorado's 
aisle.
  After the 1996 campaign, Tom returned to his law practice.
  In 1999, President Clinton appointed him U.S. attorney for Colorado. 
He assumed office the day after the Columbine High School massacre and 
worked to enforce existing gun laws in the wake of that horrible 
disaster. He was cognizant of how important gun rights interests are, 
but at the same time, he firmly believed in enforcing gun laws and 
preserving school safety. He worked with Federal and local prosecutors 
to bring gun charges under State or Federal laws, whichever were most 
stringent.
  Strickland also worked with the Hogan & Hartson law firm, serving as, 
managing partner for the firm's Colorado offices, and was a member of 
Hogan & Hartson's executive committee.
  I was pleased when I first heard that President Obama and Secretary 
Salazar wished to make Tom such an integral part of their team. As a 
chief advise on fish, wildlife and parks issues, I know Tom will be a 
vital asset to my dear friend and predecessor Ken Salazar, and I urge 
my colleagues to vote in favor of his nomination.
  Mr. BINGAMAN. Mr. President, the Assistant Secretary for Fish and 
Wildlife and Parks is one of the principal offices in the Department of 
the Interior. He is responsible for overseeing both the Fish and 
Wildlife Service and the National Park Service. The Fish and Wildlife 
Service manages 550 national wildlife refuges, encompassing more than 
150 million acres of land. The National Park Service manages several 
hundred national parks, monuments, battlefields, landmarks, seashores, 
trails, and rivers, encompassing 84 million acres. By any measure, the 
Assistant Secretary for Fish and Wildlife and Parks is an important 
office, which needs to be filled by a talented and capable individual.
  President Obama has made an excellent choice in nominating Thomas 
Strickland for this important post. Mr. Strickland is a lawyer by 
training. He is a graduate of the University of Texas Law School and 
clerked for a Federal district judge in Houston. He practiced law in 
Denver and served as Governor Richard Lamm's chief policy adviser. He 
chaired Colorado's Transportation Commission. Ten years ago, President 
Clinton nominated him, and the Senate confirmed him, as the U.S. 
attorney for Colorado. He ran for the Senate, twice, unsuccessfully, in 
1996 and 2002. He was the managing partner of the Denver office of the 
law firm of Hogan and Hartson and later the executive vice president 
and chief legal officer of the United Health Group. Since January, he 
has served as Secretary Salazar's chief of staff at the Department of 
the Interior.
  Over the course of this long and distinguished career, Mr. Strickland 
has dealt frequently and extensively with environmental and natural 
resource issues. Along with Secretary Salazar, Mr. Strickland was one 
of the founders of the Great Outdoors Colorado Program, which has 
invested $600 million of State lottery money to protect 600,000 acres 
of state parks, wildlife habitat, and open space in Colorado since it 
was founded in 1993.
  Because the portfolio of the Assistant Secretary of Fish and Wildlife 
and Parks bridges the jurisdiction of both the Committee on Energy and 
Natural Resources and the Committee on Environment and Public Works, 
our two committees share jurisdiction over Mr. Strickland's nomination.
  The Committee on Energy and Natural Resources held a hearing on his 
nomination over a month ago, on March 24, and favorably reported the 
nomination to the Senate on March 31.
  One hundred days into the Obama administration, Secretary Salazar 
remains the only Interior Department official confirmed by the Senate. 
The work of the Interior Department is too important and too demanding 
for one individual. The President has nominated a superbly qualified 
person for the position of Assistant Secretary for Fish and Wildlife 
and Parks. I urge my colleagues to vote to confirm Mr. Strickland for 
this important post.
  Mr. INHOFE. Mr. President, I rise today to speak on the nomination of 
Tom Strickland--and to raise concerns about recent actions taken by the 
Department of Interior relating to the Endangered Species Act.
  As Assistant Secretary for Fish, Wildlife, and Parks at the 
Department of Interior, this position is responsible for overseeing 
many important programs. Most notable to me as ranking member of the 
Environment and Public Works Committee, are the management of the U.S. 
Fish and Wildlife Services and the implementation of the Endangered 
Species Act.
  When Mr. Strickland came before our committee for a hearing on his 
nomination in March, Congress had just passed the Omnibus 
appropriations bill that contained a mandate to revise and reissue ESA 
rules concerning the listing of the polar bear and modifications to the 
section 7 consultation process. This action allowed the Departments of 
Commerce and Interior to reverse rules without the usual requirements 
for public input and allowances for legal objections under the 
Administrative Procedures Act.
  Now today, as we debate the nomination of Mr. Strickland on the 
floor, the administration has already reversed the section 7 
consultation rule in complete disregard of the APA and is poised to 
reverse both rules without the usual review process promised by 
President Obama's commitment to transparency and public process. 
Unfortunately, Congress and the administration's bold decision to 
willfully set aside rules protecting public input and transparency are 
in direct contrast to the majority's constant complaints to the last 
administration about the lack of process. Moreover, the revision of 
these rules was done without respect to a bipartisan letter to the 
Department of Commerce that I signed with Senators Murkowski, Begich, 
and Hutchison urging the use of an open process complying with the APA 
and all laws governing the withdrawal of Federal regulations.
  What troubles me further is the potential use of the Endangered 
Species Act as a tool to regulate greenhouse gas emissions. While some 
environmentalists would love to see the ESA used to regulate greenhouse 
gases, the ESA was never intended to set a climate change policy, but 
rather it is a tool only to protect endangered species. However, the 
listing of the polar bear last year as a threatened species has opened 
the door to the possible use of the ESA for disastrous carbon controls. 
That is why in December, the U.S. Fish and Wildlife Service and the 
National Marine Fisheries Service jointly adopted a final rule that 
revises the regulations governing the consultation obligations of 
federal agencies under section 7 of the ESA and regulations providing 
for protections against the ``take'' of the polar bear. These rules 
were adopted through the normal rulemaking process and took into 
consideration nearly 235,000 public comments.
  Under the ESA, a Federal action agency is required to initiate 
consultation with the Fish and Wildlife Service or the National Marine 
Fisheries Service if it determines that the effects of its action are 
anticipated to result in the ``take''--including potential harm--of any 
listed species, or the destruction or adverse modification of 
designated critical habitat. This includes actions the agency takes 
itself, actions that are federally funded, as well as the issuance of a 
Federal permit or license for a private party.
  A key element of the final section 7 rule is its conclusion that it 
``is not an appropriate or effective mechanism to assess individual 
Federal actions as they relate to global issues such as global climate 
change and global warming.'' The final rule then exempts

[[Page 11265]]

from consultation actions which are ``manifested through global 
processes and (i) cannot be reliably predicted or measured at the scale 
of a listed species' current range, or (ii) would result at most in an 
extremely small, insignificant impact on a listed species or critical 
habitat, or (iii) are such that the potential risk of harm to a listed 
species or critical habitat is remote.''
  Likewise, the final 4(d) rule for the polar bear provides that 
certain activities do not constitute a prohibited ``take'' of the polar 
bear. Specifically, the final rule states that the take prohibition 
does not apply to any incidental taking of polar bears within the 
United States, except for incidental taking caused by activities within 
the polar bear's current range. Like the section 7 rule, the preamble 
to the final 4(d) rule maintains that ``[t]here is currently no way to 
determine how the emissions from a specific action both influence 
climate change and then subsequently affect listed species, including 
polar bears.'' Accordingly, the preamble to the final rule provides 
that section 7 consultation is not required solely because a Federal 
action's greenhouse gas emissions may contribute to global climate 
change.
  In regards to Assistant Secretary Designate Strickland, I am happy he 
stated in his confirmation hearing before the Senate Energy and Natural 
Resources Committee that he does not believe the ESA was intended or 
designed to regulate greenhouse gases or climate change. However, in 
his response to questions submitted by me after his confirmation 
hearing in the EPW Committee, I am troubled that Mr. Strickland did not 
fully address if he would set aside the APA or ensure an open public 
process in regards to revising the polar bear and consultation rules. 
It is my hope, that if confirmed by the Senate today, that Mr. 
Strickland will allow for the transparency and open public process 
expected of our government in reviewing the polar bear rule.
  I plan on voting to confirm Mr. Strickland today to become the next 
Assistant Secretary at the Department of Interior. The Fish and 
Wildlife Service does a great deal of good, and I believe that Tom 
Strickland will do a good job, but I urge him to heed the call for an 
open and transparent governing process and to use the Endangered 
Species Act only for what it was created to do: to protect endangered 
species, not regulate greenhouse gases.
  Mrs. BOXER. Mr. President, I hope we can have this vote shortly. At 
this time I note the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mrs. BOXER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. BOXER. Mr. President, I ask unanimous consent that the time be 
divided equally during the quorum calls between the two sides.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. BOXER. I yield the floor, and I note the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, no one knows the man about whom I am going 
to speak better than the Presiding Officer, but I wish to talk about 
Tom Strickland. I can say without reservation or hesitation that Tom 
Strickland is a good friend and a tremendous public servant. He will be 
a great Assistant Secretary for Fish and Wildlife and Parks. That is a 
fancy name. Basically, what he will be is Ken Salazar's chief of staff. 
Ken Salazar depends on him and will depend on him even more after his 
confirmation.
  Tom Strickland went to college at Louisiana State University where he 
was a football player--quite a good athlete--before returning to his 
native Texas to study law. He graduated from the University of Texas 
Law School with honors and went to work for the Governor of Colorado.
  As Governor Lamm's chief policy adviser in a State where protecting 
natural resources is a top priority, Tom Strickland worked often with 
the Interior Department he will now help lead.
  Even after Tom joined the private sector, he continued to advance 
many environmental and natural resources issues on a voluntary basis. 
He is especially proud of helping to create the Great Outdoors Colorado 
Program which has protected hundreds of thousands of acres of 
Colorado's beautiful wilderness and wildlife.
  Tom is a well-known and successful lawyer in Colorado. President 
Clinton appointed Tom to be a U.S. attorney for Colorado in 1999. In a 
turn of events no one could have anticipated, he was sworn in the day 
after the terrible tragedy at Columbine High School just outside 
Denver. The 10th anniversary was observed with sadness just last week.
  Tom Strickland has been a managing partner of an internationally 
respected law firm and the executive vice president of a major health 
care company. He has been very successful personally. He accumulated 
some wealth, but because of his belief in public service, he accepted 
his friend Ken Salazar's call for assistance to become part of the 
Obama administration. I admire his willingness to leave behind the 
lifestyle he has acquired to serve his country once again.
  Tom's hometown newspapers called him tough and effective. He will 
certainly be both of those as Secretary Salazar's right-hand man in the 
Department of the Interior.
  Tom Strickland is a strong environmentalist who understands the 
importance of investing in renewable energy and making America more 
energy efficient. He also appreciates our environment for its many 
splendors. Tom and his wife, Beth, are well on their way to achieving a 
goal they set to visit every national park in America.
  It is fitting that someone with such a great appreciation for our 
Nation's natural wonders will be responsible for protecting and 
improving America's National Park Service.
  Once Tom Strickland is confirmed, our country will be in a better 
place.
  I note the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. UDALL of Colorado. Madam President, I ask unanimous consent the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER (Mrs. Shaheen). Without objection, it is so 
ordered. The Senator from Colorado is recognized.
  Mr. UDALL of Colorado. Madam President, today, I rise to support the 
confirmation of fellow Coloradan, Tom Strickland, to be the next 
Assistant Secretary for Fish and Wildlife and Parks for the Department 
of the Interior.
  As chairman of the National Parks subcommittee, I am particularly 
pleased to support the nomination of Tom Strickland for Assistant 
Secretary for Fish and Wildlife and Parks, because he has had a long 
history of activism on behalf of protecting national an State parks.
  You will excuse me for indulging in a bit of home State pride when I 
say how great it has been to see so many Coloradans going to work for 
the Department in the Federal Government that has so much influence on 
the economic life of the West.
  I think it speaks highly of the motivational leadership of both 
Secretary Salazar and this nominee to be the Assistant Secretary for 
Fish and Wildlife and Parks, Tom Strickland, that so many of their 
fellow Coloradans have voluntarily left the best State in the Union to 
work in Washington.
  I know that Tom Strickland will be an excellent Assistant Secretary 
at the Interior.
  He has an exceptional track record of leadership both as an attorney, 
as a businessman, as a civic leader and as someone dedicated to public 
service. He also has an extraordinary wife, Beth, who is inspirational 
in her own right.

[[Page 11266]]

  Before coming to Interior, Tom worked in both the public and private 
sectors.
  He served as U.S. attorney for the District of Colorado from 1999 
through 2001, and has been a partner at several law firms, including 
Hogan & Hartson in Colorado.
  From 1982 to 1984 he served as the chief policy adviser for Colorado 
Governor Richard D. Lamm, advising the Governor on all policy and 
intergovernmental issues, and from 1985 to 1989, he served on, and 
chaired, the Colorado Transportation Commission.
  Tom graduated, with honors, from Louisiana State University, where he 
was an All-SEC Academic Football Selection, and he received his J.D., 
with honors, from the University of Texas School of Law.
  I think it is clear that I have known Tom Strickland over many years.
  Our work together has largely been in the public arena, where Tom--
working with Secretary Ken Salazar--led efforts in Colorado to pass the 
historic ``Great Outdoors Colorado'' program, which dedicates State 
lottery money to the acquisition of public lands for parks, open space 
and conservation.
  Tom is also an accomplished outdoorsman, and while we haven't climbed 
mountains together--at least not the 14,000 foot kind--we both have a 
love for the out-of-doors and the history, people, and landscapes of 
the West.
  I think this love for the land is what motivated Tom to public 
service in the first place, and sustained his two courageous runs for 
the U.S. Senate.
  I was struck, as I often am, by a comment in a recent Tom Friedman's 
column. Mr. Friedman reminded us of the value of ``inspirational 
leadership.''
  Mr. Friedman quoted Dov Seidman, the author of the book ``How'' on 
what makes an organization sustainable:

       Laws tell you what you can do. Values inspire in you what 
     you should do. It's a leader's job to inspire in us those 
     values.

  I mention this because I know that, as the Assistant Secretary for 
Fish and Wildlife and Parks, Tom's job will demand both enforcement of 
important rules, regulations and laws, and inspired, collaborative 
leadership.
  As one of the country's most successful lawyers, Tom will know how to 
enforce environmental laws. As a man who draws inspiration from our 
mountains, plains and waters, he also knows how to motivate and lead 
others.
  With Secretary Salazar at the helm, I believe Tom Strickland will be 
a strong and effective partner.
  As I conclude, I urge all my colleagues to support the confirmation 
of Tom Strickland this afternoon. There is no question he will do us 
proud in this new role he is so eager to assume.
  Madam President, I ask unanimous consent that all debate time be 
yielded back and the Senate vote on the confirmation of the nomination 
of Thomas Strickland, with all other provisions of the previous order 
remaining in effect.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. UDALL of Colorado. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There is a 
sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Thomas L. Strickland, of Colorado, to be Assistant Secretary for 
Fish and Wildlife? On this question, the yeas and nays have been 
ordered and the clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Massachusetts (Mr. 
Kennedy) and the Senator from West Virginia (Mr. Rockefeller) are 
necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Alabama (Mr. Sessions), the Senator from South Carolina (Mr. 
Graham), the Senator from Texas (Mrs. Hutchison), the Senator from 
Nevada (Mr. Ensign), the Senator from Utah (Mr. Bennett), and the 
Senator from Oklahoma (Mr. Coburn).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 89, nays 2, as follows:

                      [Rollcall Vote No. 175 Ex.]

                                YEAS--89

     Akaka
     Alexander
     Barrasso
     Baucus
     Bayh
     Begich
     Bennet
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Burr
     Burris
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Cochran
     Collins
     Conrad
     Corker
     Cornyn
     Crapo
     DeMint
     Dodd
     Dorgan
     Durbin
     Enzi
     Feingold
     Feinstein
     Gillibrand
     Grassley
     Gregg
     Hagan
     Harkin
     Hatch
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     Martinez
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Sanders
     Schumer
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                                NAYS--2

     Bunning
       
     Wicker

                             NOT VOTING--8

     Bennett
     Coburn
     Ensign
     Graham
     Hutchison
     Kennedy
     Rockefeller
     Sessions
  The PRESIDING OFFICER. Under the previous order requiring 60 votes 
for confirmation, the nomination is confirmed.
  Under the previous order, the motion to reconsider is considered made 
and laid upon the table. The President shall be immediately notified of 
the Senate's actions.

                          ____________________