[Congressional Record (Bound Edition), Volume 163 (2017), Part 4]
[Senate]
[Pages 5842-5845]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume executive session for consideration of the following nomination, 
which the clerk will report.
  The legislative clerk read the nomination of Sonny Perdue, of 
Georgia, to be Secretary of Agriculture.
  The PRESIDING OFFICER. Under the previous order, the time until 5:30 
p.m. will be equally divided in the usual form.
  The Senator from Utah.


                      Bears Ears National Monument

  Mr. HATCH. Mr. President, last week, I had the opportunity to return 
home to visit the recently declared Bears Ears National Monument. This 
Federal designation encompasses roughly 1.35 million acres in Utah, and 
it is located in one of our country's most remote communities--Juan 
County.
  For decades, this quiet county remained largely untouched by the 
tensions of modern life and the taint of Washington politics, but no 
more. San Juan County is now the epicenter of a brutal battle over 
public lands, the outcome of which will have long-lasting consequences 
not only for Utah but for the entire Nation.
  In geographical terms, San Juan County is massive. It is the largest 
county in the State of Utah and the second largest county in the United 
States. To put the size of San Juan County in perspective, consider 
that the county itself is larger than several States, including 
Connecticut, Delaware, and Rhode Island.
  San Juan County alone accounts for nearly 10 percent of all the land 
in Utah. Yet Utahns have had very little to say about what actually 
goes on there. That is because the Federal Government administers the 
vast majority of San Juan County. Incredibly, just 8 percent of the 
county's land is under private ownership while an area of more than 2 
million acres is controlled by the Bureau of Land Management.
  This means that for years, my constituents who depend on the land's 
resources, have been at the mercy of out-of-touch bureaucrats who have 
little knowledge or personal connection to the land. President Obama 
only made

[[Page 5843]]

matters worse when he spurned the men and women of San Juan County by 
declaring the Bears Ears National Monument last December. In doing so, 
he defied the will of the State legislature, the Governor, and the 
entire Utah congressional delegation. President Obama's midnight 
monument designation imposed even greater land use restrictions on a 
region that is already predominantly controlled by the Federal 
Government.
  This last-minute monument designation was a case study in 
Presidential hubris. In making this unilateral decision, our former 
President either failed to heed the concerns of San Juan County 
residents or ignored them completely. As evidence of his disdain, 
President Obama issued this declaration with no open debate, no public 
hearing, and no vote in Congress. Utahns are now suffering the 
consequences of his recklessness.
  When I visited the Bears Ears region last week, I met with small 
business owners and local officials who admitted the fact that the 
Obama administration never even gave them the courtesy of a simple 
phone call. President Obama knew his last-minute decision would impact 
the livelihoods of thousands in my State, but he was clearly more 
concerned with appeasing far-left interest groups than helping the men 
and women who depend on this land for their very survival.
  I wish to be clear. In opposing the Bears Ears Monument designation, 
I am in no way opposing the protection of lands that need to be 
protected. Indeed, there are many cultural sites in San Juan County 
that deserve special care, and I am committed to working with the 
President and with Congress and with the people in that county to 
preserve these sacred sites.
  I believe it is both unlawful and undemocratic for any President to 
seize millions upon millions of acres of land through the Antiquities 
Act--a law that was meant to give the President a narrow authority to 
designate special landmarks, such as a unique natural arch or the site 
of old cliff dwellings.
  We desperately need a more sensible approach to protecting public 
lands--an approach that adheres more closely to the original intent of 
the Antiquities Act. Under this bill, Presidents were to exercise their 
authority to designate only the smallest area necessary to protect 
objects of antiquity. Instead, past Presidents have abused their power 
under the Antiquities Act to seize entire swaths of land.
  In the case of Bears Ears, President Obama cited his authority under 
the Antiquities Act to lock away an entire quarter of San Juan County--
an action that undermines local autonomy and clearly violates the 
spirit of the law. In my view, land use decisions should not be decreed 
by executive fiat. They should be made only through a collaborative 
process that involves those who actually live there, live on the land, 
and know how to manage it.
  For example, had President Obama worked with--rather than around--
Congress to protect public lands, Utah's schoolchildren would be better 
off today. That is because there are more than 100,000 acres of school 
trust land that lie within the 1.3 million-acre Bears Ears National 
Monument. The land is a significant source of revenue for schools 
across our State, providing children with the instruction and resources 
they need to succeed well into adulthood. But with President Obama's 
unilateral monument designation, this land was effectively rendered 
useless, eroding our State's ability to raise much needed funding for 
Utah's schools. Had a more responsible legislative approach been taken 
to protect Bears Ears, we could have preserved our school trust lands 
and protected the revenue they generate to benefit Utah's 
schoolchildren.
  I wish to emphasize again that I am fully committed to protecting the 
vast stretches of red rock, desert, and rolling prairie that dot our 
western landscape, but the Antiquities Act is not the means to that 
end. Monumental land use decisions affecting thousands of westerners 
should be made by the men and women on the ground and their duly 
elected representatives, not just the President and his advisers. 
Congress--not the President alone--should have a say in decisions that 
restrict access to millions of acres of federally owned land.
  In making such decisions, the voice of the people is paramount. That 
is why last week I visited the people of San Juan County. There, I 
spoke with Native Americans who rely upon this land and its resources 
for their very livelihood. I met with members of the San Juan School 
District who depend on the school trust lands to keep their classrooms 
lit and their schools up and running, and I met with members of the San 
Juan County Commission who are dealing firsthand with the negative 
consequences of the Bears Ears designation.
  I traveled to San Juan County to listen to the people who feel 
abandoned by their very own government. My trip only reaffirmed my 
concern for the Bears Ears National Monument, which I have long held is 
not in the best interest of San Juan County.
  The men and women of San Juan County are a strong and hardy people. 
They share a deep connection and history with the land. But San Juan 
County isn't without its struggles. For decades, it has been listed 
among the most persistently poor counties in the Nation. With the vast 
majority of the land owned and operated by the Federal Government, the 
fate of San Juan County rests almost entirely with beltway bureaucrats 
making politically motivated decisions more than 2,000 miles away. The 
families of Southern Utah should not be at the mercy of a Federal 
bureaucracy so completely out of touch with the western way of life.
  Enough is enough. Under the Constitution, Congress has the sole 
authority to manage public lands. The only reason the executive branch 
has any say in the management of Federal lands is because Congress 
granted the President limited authority to participate in this process. 
We entrusted the executive branch to exercise reasonable authority 
through bills such as the Federal Land Policy and Management Act. At 
the heart of these policies was the principle of multiple use and 
sustainable yield--a mandate that Congress gave the executive branch 
when granting it this authority.
  The mandate of multiple use was meant to preserve the ability of 
areas like San Juan County to live and grow, even when inundated with 
federally owned public lands. But President Obama betrayed this mandate 
through his Bears Ears designation when he declared much more than the 
smallest acreage possible as required by the Antiquities Act.
  When I spoke with the leadership of the San Juan School District, 
they told me how prosperous the county had been when they were able to 
strike a balance with multiple land use. But the county's schools have 
been strapped for cash ever since the Bears Ears National Monument 
designation rendered these lands useless.
  After speaking with school officials, we then met with local county 
commissioners and Navajo from San Juan County and drove together to the 
heart of Bears Ears, Bears Ears Meadow--behind me, the actual Bears 
Ears split of the mountains. We discussed how the monument could be 
altered so that the lands that deserve protection can remain protected 
but in a way that is consistent with the language of the Antiquities 
Act.
  I believe there will be changes made to Bears Ears. These beautiful 
lands deserve protection, but so too do the people of San Juan County. 
They should not be trampled on by their own government. As long as I am 
a U.S. Senator, I will not stop fighting to make sure that Utahns have 
a voice in the management of public lands. For years, I have fought to 
check the abuse of executive power under the Antiquities Act. That is 
why I have been working closely with the Trump administration from day 
one to right the wrongs of previous administrations.
  In the opening weeks of his Presidency, I met personally with 
President Trump in the Oval Office to discuss the national monument 
issue at length. He listened intently as I relayed the fears and 
frustrations of thousands in our State who have been personally hurt by 
the Bears Ears and Grand Staircase

[[Page 5844]]

monument designations. I explained the urgency of addressing the harm 
caused by these devastating measures, and I asked for his help in doing 
so. I was encouraged that, unlike his predecessor, President Trump 
actually took the time to listen and understand the heavy toll of such 
overreaching activities. Our President even assured me that he stands 
ready to work with us to undo the damage wrought by previous Presidents 
under the Antiquities Act, and I believe he will do so.
  As details emerge, I understand the President even stands ready to 
issue an Executive order reining in the abuse of authority under the 
Antiquities Act. Now, this action would direct the Department of the 
Interior ``to review prior monument designations and suggest 
legislative changes or modifications to [these] proclamations.''
  In President Trump, we have a leader who is committed to defending 
the western way of life. I am deeply grateful for his willingness to 
work with us to undo the harm caused by the overreach of his 
predecessors.
  In protecting our public lands, I look forward to working with the 
Trump administration to establish a new precedent of collaboration and 
trust between States and the Federal Government.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. HATCH. 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. HATCH. Mr. President, I ask unanimous consent that the time 
during quorum calls be divided equally.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HATCH. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. STABENOW. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mrs. Ernst). Without objection, it is so 
ordered.
  Ms. STABENOW. Madam President, I rise to support the nomination of 
former Georgia Governor Sonny Perdue to serve as Secretary of 
Agriculture.
  Since the beginning of the Trump administration, the Department of 
Agriculture has been left without leadership. Based on President 
Trump's decisions over the past few months, it is clear, unfortunately, 
that agriculture and small towns like those all over Michigan have been 
an afterthought.
  It didn't help that Governor Perdue was the very last Cabinet 
Secretary to be nominated by President Trump. The White House then took 
7 weeks to submit the official nomination paperwork to the Senate, 
which further delayed our hearing process.
  Despite unprecedented delays from this administration, the 
Agriculture Committee acted in a swift and bipartisan fashion to 
approve Governor Perdue with overwhelming support.
  Governor Perdue grew up on a dairy and crop farm in a small town in 
Georgia. He worked as a veterinarian and served as a two-term Governor. 
He has the confidence of nearly 700 agricultural stakeholder groups 
that represent farmers, ranchers, conservationists, landowners, and the 
food and nutrition communities. He understands that the Agriculture 
Department has a profound impact on nearly every community across the 
country and certainly every family.
  Whether it is bringing broadband to small towns, supporting 
lifesaving agricultural research, feeding our children, our families, 
our veterans, or protecting our forests, our land, our water, and our 
air, the Agriculture Department plays a vital role in almost every 
aspect of American life.
  Governor Perdue's leadership is desperately needed by farmers, 
families, and all Americans who rely on the USDA.
  For months, rural America has not had a voice in this administration, 
and frankly it shows. President Trump's budget proposal makes it clear 
that rural America is not a top priority for his administration. His 
proposal cuts USDA funding by 21 percent, the third largest cut to any 
Federal agency.
  To examine the impact these proposed cuts would have on our country's 
small towns and rural communities, I released a report that highlights 
how President Trump is turning his back on rural America.
  This report demonstrates how the Trump budget would eliminate--
eliminate--the rural water and sewer program that repairs crumbling 
water infrastructure that is depended upon in communities all across 
America and certainly all across Michigan. This would leave thousands 
of communities across the country without the ability to provide clean 
water.
  USDA business loans are also slated to end, undermining the creation 
of new jobs in areas where unemployment is already too high. Again, I 
can go from community to community in Northern Michigan or in the east 
or the west and talk with people who have been able to start their 
small business with the support of USDA rural development business 
loans, creating jobs, communities, and really helping to form the 
lifeblood of small towns all across Michigan and the country.
  Many more critical services for rural Americans are also on the 
chopping block. Our farmers and our families, frankly, deserve better. 
We need a Secretary of Agriculture who will be a relentless advocate 
for our Nation's farmers and the important services USDA provides. That 
is why I am supporting Governor Perdue.
  It is important to stress again that American agriculture and our 
rural communities are already doing more with less. In the last farm 
bill, we made responsible, bipartisan reforms that cut $23 billion in 
Federal spending, and we now know that the 2014 farm bill policies are 
actually predicted to save tens of billions of dollars more than we 
originally had expected.
  The budget cuts the Trump administration has proposed are frankly 
irresponsible and show a stunning disregard for the current state of 
the farm economy. Farm prices are down nearly 50 percent from their 
highs just a few years ago, and producers are struggling to make ends 
meet. Rural America is the economic backbone of our country, and too 
many small towns are still struggling to recover from the great 
recession.
  Over the last 8 years, USDA has made important investments in rural 
communities, and we are beginning to see small towns across the country 
on the road to recovery, but there is more to do. Now is not the time 
for the Trump administration to turn its back on people who live in 
rural America.
  We need a strong voice to insist that the President listen to the 500 
groups that are saying that agriculture, conservation, food assistance, 
and other farm bill services are critical to our economy and should be 
maintained.
  Rural America has waited long enough for a leader at the USDA. I am 
pleased the Agriculture Committee worked together promptly and 
thoroughly to review Governor Perdue's qualifications. After multiple 
conversations and questions, I am confident that Governor Perdue has 
the experience, the judgment, and the commitment to lead this important 
Department.
  In this Congress, we also have a farm bill on the horizon. I am 
confident Governor Perdue will be a strong partner as we develop a 
bipartisan, comprehensive bill that works for farmers and families 
across our country.
  In my conversations with Governor Perdue, it is clear that he 
understands the challenges farmers are facing, from continued low 
prices, especially our dairy producers who are struggling because 
unfortunately the safety net that was put in place has not worked as 
intended, and it needs to be fixed.
  I am pleased he is committed to looking for creative solutions in the 
short run as well as the long run. Now more than ever, we need the next 
Secretary of Agriculture to be a champion for all those families across 
our country who live in small towns and rural communities. I believe 
Governor

[[Page 5845]]

Perdue will look past regional divides and partisan pressures to do 
what is best for the people we serve.
  I urge colleagues to support the nomination of Governor Sonny Perdue, 
and I also urge this administration to start supporting the small towns 
and rural communities that make our country great.
  Madam President, I yield the floor.
  Mr. LEAHY. Madam President, today I will vote for Sonny Perdue to be 
the next Secretary of Agriculture. Governor Perdue, with his lifetime 
of experience with farming and agribusiness, stands out as one of the 
few nominees to this Cabinet who appears well qualified for the 
position to which he has been nominated.
  But to lead the U.S. Department of Agriculture, USDA, and American 
agriculture, Governor Perdue must represent the broad spectrum of 
interests before USDA and do all he can to hear from all sides because 
this truly is the ``People's Department.'' USDA touches the lives of 
every American, in many ways that include but go far beyond farming 
itself. This Department's workforce is spread across all 50 States and 
another 99 countries.
  I hope that Governor Perdue will continue the important work that 
Secretary Vilsack diligently led for the last 8 years, to help USDA 
look forward to addressing the changing needs of agriculture and rural 
America. We must stand by our rural communities, communities that, thus 
far, seem to be forgotten by this administration. These small towns 
desperately need USDA's help to access broadband, to make critical 
infrastructure improvements to their water and wastewater systems, and 
to support new rural businesses.
  I also hope that he succeeds in elevating the status of USDA among 
government agencies in an administration that appears to have forgotten 
about both this Department, as well as the rural communities that 
depend on its work. I am hopeful that, as the President's top adviser 
on matters of agriculture, rural development, safe and affordable food, 
the role of immigration in our farm labor needs, research, agricultural 
trade, and countless other issues, he will carefully provide advice 
that reflects good judgment and independence from the President and 
respect for the law.
  I was grateful when Mr. Perdue said in his confirmation hearing that 
he would be a voice and an advocate for agriculture at the highest 
levels of government. As I reminded him at his hearing and in our 
private meeting, he must represent all of agriculture. This includes 
not only the farmers he has gotten to know during his tenure as 
Governor of Georgia, but also our new and beginning farmers, organic 
farmers, Vermont's dairy farmers, those selling directly to consumers 
or focused on local food systems, those trying to develop new markets 
for energy crops, as well as researchers promoting new farm practices, 
forestry opportunities, and sustainable practices. He must also stand 
up for our hungry and malnourished families, both here and abroad, and 
for consumers who want to know that their food is safe to eat and grown 
in responsible ways.
  This Department's work is vast and far-reaching--from helping those 
with the least, to stewarding Federal forest and range lands, combating 
climate change, ensuring food safety, conserving water and wildlife, 
and preserving farmland, to researching new technologies, feeding young 
school children healthy meals, advancing international trade, 
supporting rural communities and housing, and ensuring fair and 
competitive markets for farmers.
  I do have concerns about some of Mr. Perdue's past statements and 
positions. I am concerned that he continues to question broadly 
accepted science regarding the role of humans in the mounting climate 
crisis. I don't feel that every question has been answered related to 
past ethical issues. I have heard from many Vermonters concerned not so 
much with the policies and positions of Mr. Perdue himself, but who are 
alarmed by this administration overall. Some Vermonters fear that Mr. 
Perdue will not fully defend our vital social programs and 
environmental regulations. I do appreciate that, in his confirmation 
hearings, he said that he recognizes that as Secretary he must work 
hard to improve the lives of the least among us and that he knows that 
it is our responsibility to leave the land better than we found it.
  In these challenging times for agriculture and our rural communities, 
I call on Governor Perdue to provide a loud voice of reason and a 
thoughtful balance within what continues to be an undisciplined and 
impulsive administration led by a President who continues to put 
forward extreme proposals, such as budget cuts that would starve small 
towns and communities of jobs and opportunity and have a 
disproportionate impact on small towns, and the rest of the Cabinet 
appears in many cases to have very little understanding or interest in 
the needs of rural Americans.
  As a chairman and most senior member of the Senate Agriculture, 
Nutrition, and Forestry Committee as we begin to write the next Farm 
Bill, and as vice chairman of the Appropriations Committee, I look 
forward to working closely with Mr. Perdue in his new role.
  Mr. VAN HOLLEN. Madam President, I support the nomination of George 
Sonny Perdue to be the next Secretary of Agriculture. While I have 
reservations about some of his record and views, particularly about 
climate change, Governor Perdue has expressed the collaborative spirit 
that I believe will make him an effective Secretary and partner to 
Congress in our effort to support America's farmers and rural 
communities.
  During his confirmation hearing, Governor Perdue committed to support 
issues of great importance to Maryland: the Chesapeake Bay, 
conservation programs, agricultural research, and rural development. 
Governor Perdue recognized the Chesapeake Bay as a national priority. 
He acknowledged that it is essential for USDA to work with State and 
local governments, as well as landowners, on conservation and bay 
protection. He agreed to work with Congress and the States to dedicate 
appropriate resources to nutrient reduction and water quality 
improvements in the bay. I also encouraged him to work with me to 
support small- and medium-sized farms and to keep our 1,890 
Historically Black Colleges and Universities strong, and he committed 
to do so.
  Governor Perdue voiced support for the critical Federal assistance 
that the Department's rural development agency provides to rural 
communities in Maryland and the Nation as a whole. He also committed to 
working with Congress to improve broadband and telecommunications 
infrastructure in rural America.
  Governor Perdue faces a budget that cuts the Department 21 percent, 
completely eliminates the Water and wastewater loan program and reduces 
staffing at USDA service center agencies. The budget's $17.9 billion 
cut would harm those the Department serves and the people who work 
there. I expect Governor Perdue to keep his word to be a forceful 
advocate for his Department.
  I have concerns about ethics controversies during Mr. Perdue's tenure 
as Governor of Georgia and his climate change skepticism. If the Senate 
confirms Governor Perdue, I will pay close attention to his actions as 
Secretary. Governor Perdue has made a number of commitments to support 
agriculture and environmental conservation in Maryland, and I intend to 
hold him to them.
  The PRESIDING OFFICER. If no one yields time, the time will be 
divided equally.
  The majority leader.

                          ____________________