U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001

76–085 PDF 2001

S. HRG. 107–176

BAILEY, KEYS, AND MAINELLA NOMINATIONS

HEARING

BEFORE THE

COMMITTEE ON

ENERGY AND NATURAL RESOURCES

UNITED STATES SENATE

ONE HUNDRED SEVENTH CONGRESS

FIRST SESSION

ON THE

NOMINATIONS OF VICKY A. BAILEY, NOMINEE TO BE ASSISTANT SECRETARY FOR INTERNATIONAL AFFAIRS AND DOMESTIC POLICY,

DEPARTMENT OF ENERGY; JOHN W. KEYS III, NOMINEE TO BE COMMISSIONER OF THE BUREAU OF RECLAMATION; AND FRANCES

MAINELLA, NOMINEE TO BE DIRECTOR OF THE NATIONAL PARK

SERVICE

JUNE 27, 2001

(

Printed for the use of the

Committee on Energy and Natural Resources

(II)

COMMITTEE ON ENERGY AND NATURAL RESOURCES

JEFF BINGAMAN, New Mexico, Chairman

DANIEL K. AKAKA, Hawaii

BYRON L. DORGAN, North Dakota

BOB GRAHAM, Florida

RON WYDEN, Oregon

TIM JOHNSON, South Dakota

MARY L. LANDRIEU, Louisiana

EVAN BAYH, Indiana

BLANCHE L. LINCOLN, Arkansas

FRANK H. MURKOWSKI, Alaska

PETE V. DOMENICI, New Mexico

DON NICKLES, Oklahoma

LARRY E. CRAIG, Idaho

BEN NIGHTHORSE CAMPBELL, Colorado

CRAIG THOMAS, Wyoming

GORDON SMITH, Oregon

JIM BUNNING, Kentucky

PETER G. FITZGERALD, Illinois

CONRAD BURNS, Montana

ROBERT M. SIMON, Staff Director

SAM E. FOWLER, Chief Counsel

BRIAN P. MALNAK, Republican Staff Director

JAMES P. BEIRNE, Republican Chief Counsel

Note: Senator Bingaman assumed the Chairmanship on June 6, 2001.

(III)

C O N T E N T S

STATEMENTS

Page

Akaka, Hon. Daniel K., U.S. Senator from Hawaii .............................................. 22

Bailey, Vicky A., Nominee to be Assistant Secretary for International Affairs

and Domestic Policy, Department of Energy ..................................................... 15

Bayh, Hon. Evan, U.S. Senator from Indiana ....................................................... 7

Bennett, Hon. Robert F., U.S. Senator from Utah ................................................ 6

Bingaman, Hon. Jeff, U.S. Senator from New Mexico .......................................... 1

Campbell, Hon. Ben Nighthorse, U.S. Senator from Colorado ............................ 24

Craig, Hon. Larry E., U.S. Senator from Idaho .................................................... 7

Domenici, Hon. Pete V., U.S. Senator from New Mexico ..................................... 1

Graham, Hon. Bob, U.S. Senator from Florida ..................................................... 5

Keys, John W. III, Nominee to be Commissioner of the Bureau of Reclamation ........................................................................................................................ 13

Lugar, Hon. Richard G., U.S. Senator from Indiana ............................................ 8

Mainella, Frances, Nominee to be Director of the National Park Service .......... 10

Murkowski, Hon. Frank H., U.S. Senator from Alaska ....................................... 2

Nelson, Hon. Bill, U.S. Senator from Florida ........................................................ 4

APPENDIXES

APPENDIX I

Responses to additional questions .......................................................................... 31

APPENDIX II

Additional material submitted for the record ........................................................ 45

(1)

BAILEY, KEYS, AND MAINELLA NOMINATIONS

WEDNESDAY, JUNE 27, 2001

U.S. SENATE,

COMMITTEE ON ENERGY AND NATURAL RESOURCES,

Washington, DC.

The committee met, pursuant to notice, at 9:32 a.m. in room SD–

366, Dirksen Senate Office Building, Hon. Jeff Bingaman, chairman, presiding.

OPENING STATEMENT OF HON. JEFF BINGAMAN,

U.S. SENATOR FROM NEW MEXICO

The CHAIRMAN. The committee will come to order. This morning

our hearing is on President Bush’s nomination of Frances Mainella

to be the Director of the National Park Service; John Keys, to be

the Commissioner of Reclamation; and Vicky Bailey, to be the Assistant Secretary of Energy for International Affairs and Domestic

Policy. Without objection, the written testimony of each witness

and the committee questionnaire and the financial disclosure statements will be submitted for the record.

Let me call on Senator Murkowski for any opening statement

that he has at this point.

Senator MURKOWSKI. Looks like, Mr. Chairman, we have got

some signs up there that suggest we are going to have some members do some introductions, but——

The CHAIRMAN. We are if they arrive. If they don’t arrive, we will

do without them.

Senator MURKOWSKI. All right. Well, that is fair enough for me.

We have got one that has arrived.

The CHAIRMAN. Do you want to make any statement before we

hear from the members. Why don’t you sit down, Senator Nelson,

and you can hear Senator Murkowski’s statement and then we will

hear from you.

[A prepared statement from Senator Domenici follows:]

PREPARED STATEMENT OF HON. PETE V. DOMENICI, U.S. SENATOR

FROM NEW MEXICO

Mr. Chairman, I appreciate these individuals appearing before us today, because

these nominations are critical not only to their respective agencies, but also to our

state of New Mexico. In particular, the Department of the Interior is still the one

cabinet department in which only the Secretary has been confirmed. This is particularly distressing considering the broad mission of the Department and its wide jurisdiction which includes our national parks, water issues, American Indians, public

lands, and preservation of our nation’s resources.

I firmly believe that the individuals appearing before us today will greatly benefit

the Department of the Interior and I fully support each nominee.

2

With the federal government managing over 30 percent of the land in New Mexico, much of what the Department does directly impacts New Mexico. Both the Park

Service and the Bureau of Reclamation play large roles in New Mexico parks and

water issues.

New Mexico has been very fortunate having just had Eluid Martinez as the Bureau of Reclamation Commissioner. We are proud of Eluid’s service with the Bureau. It was always comforting to know that we had a Commissioner who understood the challenges associated with western water issues. I still believe it is critical

that the Bureau administer its numerous initiatives to help the Western states meet

their water needs while balancing the multitude of competing uses of water in the

West.

I also look forward to working with the two other nominees, Ms. Bailey on energy

policy issues and Ms. Mainella on maintaining our National Parks. Given the importance of water, parks and energy to New Mexico, it is vital that the Energy and

Interior Departments have experienced, educated and informed officials to carry out

desired goals and missions.

I am proud to report that the three nominees before the committee today bring

vast amounts of knowledge and experience to the Departments. They have remarkable expertise in their respective fields. I am certain that they will serve the Department of Energy and the Department of the Interior with pride. I look forward to

working with each of them on issues critical to New Mexico.

STATEMENT OF HON. FRANK H. MURKOWSKI, U.S. SENATOR

FROM ALASKA

Senator MURKOWSKI. Thanks, Jeff. I am certainly pleased that

we scheduled this hearing today. I think we have three well-qualified nominees. Vicky Bailey is, of course, no stranger to this committee. She has been endorsed twice before when she served as

Commissioner of FERC, at FERC I should say and will certainly

be a great asset to the Department of Energy. Her knowledge and

contribution has high expectations.

Mr. Keys has testified before the committee and has a long and

distinguished record of the Bureau of Reclamation and a record of

reaching out on all sides and managing the Bureau’s projects in the

Northwest. I am pleased to see some of the families here as well.

Ms. Mainella has certainly a distinguished career in park and resource management, including recognition by her peers, and service

as president of the National Association of State Park Directors

and of the National Recreation and Park Association has worked

with our staff on issues over the years. I appreciate the pace at

which the committee is attempting to hold these hearings, but I am

troubled by the situation on the floor of the U.S. Senate.

It is my understanding that the Majority Leader intends to hold

nominations until the organization resolution is resolved, and I

could not disagree more with that procedure. I fail to see how

hamstringing the Federal agencies advances any public policy. We

have a situation currently in the Department of the Interior where

we have one individual who has been confirmed, and that is the

Secretary. I am even more troubled that the leadership continues

to object to a time agreement on Steven Griles, so that once—it

seems like we should be able to move that particular nomination.

Let me elaborate for the record on the facts. Steven Griles’ chronology suggests that the intent to nominate was on March 9 of this

year. The nomination was received on May 1 of this year. Would

the staff please pick up Senator Graham’s name—thank you.

He was reported favorably out of this committee by a vote of 18-

4 on May 23. All this was before Senator Jeffords made his announcement on May 24. We immediately began to try and move

3

this nomination. The minority also tried to get a time agreement,

and in checking with the floor staff, we find that Griles was cleared

on the Republican side on May 23. In an executive session on May

23, we moved one nomination. On May 24, we moved 19 nominations. On May 25, we moved 33 nominations. On May 26, we

moved eight nominations. In each case, Griles was cleared on our

side but objected to by the Democrats.

During this period, a unanimous consent agreement was ordered

to allow for 2 hours of debate and a vote. The Democrats had said

they needed 2 hours with consideration and as a consequence, the

week we returned from the recess, that was rejected again by the

Democrats, as was a modification that deleted the time certain and

only included the time limitation. At that point it was clear that

obviously the Democrats would control the floor, and the timing on

our return from that recess.

An Executive Order—on June 14, we cleared three additional

nominations, but the Democrats again would not agree on Griles.

As of today, Griles has been pending 36 days without even a time

agreement. I would also note that even if the Majority Leader

wants to hold consideration of further nominees hostage to the reorganization resolution and agreement on time for debate has nothing to do with the resolution and the actual schedule of the debate.

I think the record will note when the Clinton administration was

in power, we did move the nominations. We did not attempt to

delay them and while I don’t dispute the issue on the resolution

with regard to the nominations, I think the record is quite clear on

Griles. Griles should be cleared because he was moved prior to the

takeover by the new majority.

I wanted to make that note so that the record would clearly indicate what’s going on here, and that is an effort to withhold nominees and in the particular issue of Griles, use him as an excuse to

throw him in with the rest of the nominees and clearly that is unfortunate.

I am also troubled by the fact that we canceled our markup for

today and I understand the Democratic leader doesn’t even want

to move out of committee markups until this resolution is resolved.

In any event, I think it is contrary to serving the public and I know

they say there is a simple solution, but Griles certainly doesn’t fit

into that category. Griles should be moved.

I’d like to have our full committee of members in the Senate

working together on this, as I know we all would, but I think it

is important to point out that the Appropriations Committee is

moving markup on the Interior bill tomorrow, so some committees

are moving along, but maybe it is different when you are providing

the funding for projects back home and when you are approving the

President’s nominees to administer these programs and projects,

but I don’t think there is much difference.

That being said, I welcome our fellow Senators. I welcome the

nominees, but I did want to express some frustration concerning

Mr. Griles, who is anxious to serve the Department of the Interior

and the public.

The CHAIRMAN. Why don’t we go ahead with statements by various Senators who are here to introduce nominees. I think I’ll call

on people in the order that the staff has written it down here. SenVerDate 11-SEP-98 08:56 Nov 29, 2001 Jkt 000000 PO 00000 Frm 00006 Fmt 6633 Sfmt 6602 J:\DOCS\76-085 SENERGY3 PsN: SENERGY3
4

ator Graham is here to introduce Fran Mainella, and why don’t you

go right ahead with your statement.

Senator Domenici.

Senator DOMENICI. Excuse me, Senator Graham. Could I put a

statement in the record with about seven questions and ask that

they be answered. This is in support of all three.

The CHAIRMAN. We will include that in the record.

Senator DOMENICI. Thank you very much, Mr. Chairman.

The CHAIRMAN. Certainly.

Senator Graham.

Senator GRAHAM. Mr. Chairman, with your permission, I would

like to defer to my colleague, Senator Nelson, who has a prior commitment.

The CHAIRMAN. We are glad to hear from Senator Nelson.

STATEMENT OF HON. BILL NELSON, U.S. SENATOR

FROM FLORIDA

Senator NELSON. Mr. Chairman, I will be very brief, but just

wanted to be here personally on behalf of Fran Mainella to tell you

what an outstanding appointment this is and I know about which

I speak, because in my previous life as the elected State treasurer

and insurance commissioner of Florida sitting on the cabinet, elected cabinet of Florida, which was actually the group that was the

official bosses of the agencies of government of which Mrs. Mainella

was the director of Parks.

Outstanding reviews. It was with great pleasure that Senator

Graham and I went to the Everglades, accompanying the President, on the occasion of him making the announcement, and it was

certainly an honor for me to be there and participate because this

is an excellent appointment, and thanks to my colleague, Senator

Graham, to let me get on to these 50 people that are waiting for

me. Thank you, Mr. Chairman.

The CHAIRMAN. Thank you very much for being here.

Senator NELSON. Thank you very much.

[The prepared statement of Senator Nelson follows:]

PREPARED STATEMENT OF HON. BILL NELSON, U.S. SENATOR FROM FLORIDA

Mr. Chairman, it is my privilege to introduce and recommend Mrs. Fran Mainella

to the Committee on Energy and Natural Resources.

She is an accomplished and dedicated steward of Florida’s parks.

I wholeheartedly support her nomination as Director of the National Park Service.

Mrs. Mainella has an exemplary record.

Under her guidance, Florida’s state park system received the National State

Parks Gold Medal, designating Florida’s parks. as the best in America.

Ms. Mainella received the Senator Bob Williams Award for recognition of her public service, which has changed the course of historic preservation in Florida.

She has served as the President of the National Association of State Park Directors and President of the National Recreation and Park Association.

Currently, as Director of the Division of Recreation and Parks for the Florida Department of Environmental Protection, she oversees 155 state parks, eight bureaus,

two offices and more than 1,000 employees.

Her vast experience and expertise make her the top candidate for this important

position.

Floridians value her service and appreciate the work she has done.

Our congressional delegation supports her nomination and I have received many

letters of support for Mrs. Mainella from people across the state.

Floridians know Mrs. Mainella as a leader who works cooperatively and effectively with others.

5

If confirmed as Director of the National Park Service, Mrs. Mainella will continue

to inspire confidence and respect, and our National Park Service and public lands

will flourish.

Thank you.

The CHAIRMAN. Senator Graham.

STATEMENT OF HON. BOB GRAHAM, U.S. SENATOR

FROM FLORIDA

Senator GRAHAM. Thank you, Mr. Chairman. Mr. Chairman, it is

a great pleasure to introduce Mrs. Fran Mainella to this committee.

As Senator Nelson has just said, Ms. Mainella is known to us beyond her outstanding service, but also as a close personal friend.

Ms. Mainella has many accomplishments. She is the past president

of the National Association of State Park Directors. She is the past

president of the National Recreation and Park Association.

This year she won the award in Florida in recognition of public

service for historic preservation efforts. Currently, Ms. Mainella

serves as the director of the Division of Recreation and Parks of the

Florida Department of Environmental Protection. She has held this

position for 12 years.

In that position, Ms. Mainella oversees 155 parks, consisting of

more than 500,000 acres. Under her leadership, the Florida Park

Service was the recipient of the 1999-2001 gold medal award, voted

America’s best State park system. That speaks for the quality of

her service.

The Florida State park system has received this recognition as

it has become a national model for a number of initiatives that I

know Ms. Mainella is interested in pursuing in the national park

system, volunteer and partnership programs. She created these

programs at all of the major State parks and then created an umbrella group on a statewide basis so that one of the most publicly

supported aspects of State government in Florida today are State

parks.

She has created a partnership in the parks program, a public-private program that has increased the service capabilities of our

State parks. She is aware of the needs of our Nation’s national

treasures in our national parks. Under her leadership, the Florida

State park service has worked closely with the superintendents of

the national parks in Florida, as well as with local parks.

Past superintendents of Everglades National Park and Biscayne

National Park have praised Ms. Mainella’s cooperative work as a

model of relationships between State, local, and national park systems. Mrs. Mainella’s nomination is fully supported by the Florida

Congressional delegation and Mr. Chairman, I have a letter of support from the delegation which I would like to enter into the

record, as well as Governor Jeb Bush, and I also have a letter from

the Governor in support.

In addition, my office has received numerous letters from local

organizations in support of Mrs. Mainella’s confirmation. I would

ask that those also be included in the record.

I am certain that if confirmed, Mrs. Mainella will provide important expertise and experience for the National Park Service as she

has in the State of Florida. I think the President has shown great

6

wisdom in nominating this experienced American for this very important position, and I urge her early positive confirmation.

The CHAIRMAN. Well, thank you very much. All of those items

have you brought with you will be included in the record, and we

appreciate your statement very much. Senator Bennett is here to

introduce John Keys.

STATEMENT OF HON. ROBERT F. BENNETT, U.S. SENATOR

FROM UTAH

Senator BENNETT. Thank you, Mr. Chairman. I have the privilege of introducing John Keys III, who is President Bush’s nominee

to be Commissioner of the Bureau of Reclamation and while I am

sure he did not do this deliberately, Mr. Keys has accumulated a

political resume that should stand him in good stead during the

confirmation process.

Our friend, Senator Shelby, will be pleased to know that he was

born in Alabama. He graduated from Georgia Tech. He spent a

number of years in Idaho working where Senator Craig knows him,

but he had the wisdom to both begin his career and then retire to

the State of Utah, and so that is why we claim him in Utah.

Upon graduation from Georgia Tech, he accepted his first position with the Bureau of Reclamation in Provo, Utah where he

worked for the Central Utah Project and after working on the CUP,

he worked with the Bureau in North Dakota, Montana, and Colorado. From 1979 to 1980, he left the field to come to Washington

and then finished the last 18 years of his 34 year career with the

Bureau in the Pacific Northwest Region, where he served as Regional Director from 1986 to 1998.

All the time that he was doing this work in the Bureau of Reclamation, he found time to earn a master of science in civil engineering degree from Brigham Young University. He was awarded

the Department’s meritorious service award in 1984 during the

Reagan administration and the Department’s ultimate award, the

Distinguished Service Award in 1995 during the Clinton administration, which demonstrates I think that he has the capacity to

work with all sides, see all sides, and make everybody feel good

about resolving difficulties from all sides.

He has worked with State governments, tribal governments, environmentalists and water users to fashion workable solutions and

along the way, has received praise from groups that are as disparate as the Save Our Wild Salmon Coalition and Trout, Unlimited

to the Oregon Water Resources Congress of the Idaho Water Users.

I think it is a tribute to his willingness to serve that he is willing

to come out of retirement from a delightful lifestyle in Moab, Utah,

and those of you who have been to Moab know how attractive that

can be, to come back into Federal service and accept the assignment as Commissioner of the Bureau of Reclamation.

It is an honor for me to endorse his nomination, and to introduce

him here today. I urge the committee to give him favorable and

rapid consideration.

The CHAIRMAN. Well, thank you for that strong statement. It

sounds to me like his talents are needed in the Middle East instead

of in Bureau of Reclamation. But let me—— Senator BENNETT. They do have water problems over there.

7

The CHAIRMAN. Senator Craig wanted to make a very short

statement also and then Senator Bayh wished to make an introduction as well. Go ahead.

STATEMENT OF HON. LARRY E. CRAIG, U.S. SENATOR

FROM IDAHO

Senator CRAIG. Mr. Chairman, thank you very much. I did want

to recognize, as Senator Bennett has, John Keys in the audience

today, and who we are considering for confirmation for the Bureau

of Reclamation. Bob has laid it out very well. This man’s excellent

record in public service. If you look at his span of time in Idaho

from 1986 to 1998, that is not quite as long as I have been in public office representing Idaho, but it means that all during that time,

Mr. Chairman and members of the committee, I have had the opportunity to interface with John in working within his capacity as

Regional Director for the Pacific Northwest. He is fair. He is balanced. He brings great expertise. He will serve us extremely well.

I am proud that he comes before our committee.

The CHAIRMAN. Thank you very much. Senator Bayh wished to

make an introduction of Vicky Bailey. Go right ahead.

STATEMENT OF HON. EVAN BAYH, U.S. SENATOR

FROM INDIANA

Senator BAYH. Thank you, Mr. Chairman. I am pleased to be

here today as a member of this committee to urge the confirmation

of Vicky Bailey as Assistant Secretary for International Affairs and

Public Policy, and Mr. Chairman, I am pleased to report that although he could not join us today because of a scheduling conflict,

my senior colleague from Indiana, Richard Lugar, feels just as

strongly about Vicky’s nomination.

I have known Vicky Bailey for many, many years. As a matter

of fact, in my previous life as our State’s Governor, I was privileged

to appoint her to a second term to Indiana’s Utility Regulatory

Commission where she served with distinction for 7 years from

1986 to 1993. During that time, she took a leadership role on several of the national associations representing the electricity commissioners from across the country, including the National Association of Regulatory Commissioners and the North American Electrical Reliability Council.

From her service in Indiana, Vicky moved to the national stage

as a member of the Clinton administration. The Clinton administration’s nominee to the Federal Energy Regulatory Commission,

where she presided over a rapidly changing energy industry. In

January 2000, she left public service to return to Indiana as president of PSI Energy, a subsidiary of Synergy, and the largest electric utility serving our State.

The position to which Vicky has been nominated is a critically

important one, and particularly so at this time. The Office of International Affairs and Domestic Policy will be the United States’ primary point of contact on international collaboration on energy policy, including shared research, technology, trade, and international

energy goals and energy diplomacy.

As our domestic energy policy comes into focus and the threat of

global warming must be addressed in the post-Kyoto environment,

8

international collaboration has enhanced importance. Joint research ventures, exploring energy sciences and technology, the advancement of domestic energy technologies and the opening of

international energy markets are all critical to our energy future.

Domestically the Department of Energy will play a pivotal role

in energy research and development, an area in which I am particularly interested, and it will serve as a foundation of innovative,

national energy strategy. The Assistant Secretary will be responsible for coordinating all policy and management initiatives affecting science, research, and technology development activities.

These are serious challenges, Mr. Chairman, with far-reaching

implications for our energy security. I am confident that Vicky Bailey is up to these challenges. With her experience in the private

sector, at the State level, and at the Federal level, Ms. Bailey understands the challenges of making policies and the challenges of

implementing and living with them.

She is an excellent choice for the job and has my full support for

this position. I look forward to working with Vicky Bailey to help

to frame an energy policy that will serve the citizens not only of

our State, but of our Nation well in the years to come. Mr. Chairman, I thank the committee for its indulgence, and I urge her swift

confirmation.

The CHAIRMAN. Thank you very much. There is a statement that

Senator Lugar has prepared. He was not able to be here, but he

asked if we would include this in the record, and we certainly will.

[The prepared statement of Senator Lugar follows:]

PREPARED STATEMENT OF HON. RICHARD G. LUGAR, U.S. SENATOR FROM INDIANA

I am pleased to have this opportunity to introduce Ms. Vicky Bailey to the members of the Senate Committee on Energy and Natural Resources.

I have known Vicky Bailey for many years and consider her to be a uniquely

qualified candidate for the position of Assistant Secretary of International Affairs

and Domestic Policy. Ms. Bailey’s credentials and experience range from being a

Commissioner of the Indiana Utility Regulatory Commission, a Commissioner to the

Federal Energy Regulatory Commission, and currently president of PSI Energy,

Inc., the largest electric utility in Indiana, and a leader in helping to formulate national energy and environmental policy.

Throughout her service on both Commissions, in the private sector, and in the

community, Vicky Bailey is known to be a true professional—precise, fair-minded,

thoughtful, and dedicated. She has extensive leadership and management experience and a keen understanding of the energy and environmental issues confronting

our nation.

Ms. Bailey has won broad bipartisan acclaim in Indiana. First appointed to the

Indiana Utility Regulatory Commission in 1986 by Governor Robert Orr, she was

reappointed by Governor Evan-Bayh in 1990. In 1993, President Clinton appointed

her and in 1996, he reappointed her to the Federal Energy Regulatory Commission,

where she became an expert on regulation of electric utilities.

Ms. Bailey has established herself as a thoughtful strategic planner and resourceful director and liaison to federal, private, and academic organizations. She has consistently used her talents and intellect to bring people together for a common cause

in order to effect positive change. I have always been impressed by her high level

of dedication and commitment to public service.

Mr. Chairman, I thank you for this opportunity to introduce Vicky Bailey to the

Committee on Energy and Natural Resources.

The CHAIRMAN. Why don’t all three nominees come forward if

they would at this point and we will swear them in as required by

the rules of this committee. Would each of you please stand and

raise your right hand.

9

Do you solemnly swear that the testimony you are about to give

to the Senate Committee on Energy and Natural Resources shall

be the truth, the whole truth and nothing but the truth.

[Chorus of ayes.]

The CHAIRMAN. Please be seated. Before you begin your statements, let me ask three questions of each nominee, will you be

available to appear before this committee and other congressional

committees to represent departmental positions and to respond to

issues of concern to the Congress?

[Chorus of ayes.]

The CHAIRMAN. Second question, are you aware of any personal

holdings, investments or interests that could constitute a conflict of

interest or create the appearance of such a conflict should you be

confirmed and assume the office to which have you been nominated

by the President?

Ms. MAINELLA. My investments, personal holdings and other interests have been reviewed by myself and the appropriate ethics

counselors with the Federal Government and I have taken appropriate action to avoid any conflicts of interest. There are no conflicts of interest or appearances thereof to my knowledge.

The CHAIRMAN. Does that same apply to you, Mr. Keys?

Mr. KEYS. Yes, sir.

The CHAIRMAN. And to you, Ms. Bailey?

Ms. BAILEY. Yes, it does. Thank you.

The CHAIRMAN. And are you involved or do you have any assets

held in a blind trust? Ms. Mainella?

Ms. MAINELLA. No. I do not, sir.

The CHAIRMAN. Mr. Keys?

Mr. KEYS. No.

The CHAIRMAN. Ms. Bailey?

Ms. BAILEY. No, I do not.

The CHAIRMAN. Let me at this point invite each of you if you

have any family members who have accompanied you to the hearing that you wish to introduce, you are welcome to do that. Ms.

Mainella.

Ms. MAINELLA. Mr. Chairman, my parents were not able to join

me today, nor my sister, but I do have a number of friends here

with me and other State park directors from across the Nation. I

just appreciate having them here with me. Thank you.

The CHAIRMAN. We are glad they were able to come. Why don’t

we have them all stand up.

Ms. MAINELLA. Thank you.

The CHAIRMAN. Mr. Keys, did you have anyone you wish to introduce? All right. Ms. Bailey?

Ms. BAILEY. Yes, Mr. Chairman. My immediate family members

were unable to travel with me, but I do have today with me a number of friends who have either worked with me in a professional capacity and have thus become close relationships since then, and

then a few personal friends as well. With me is Kathy Cobb, Ester

Cosby, Jackie Simmons, Larry Smith, Mark Schaffer, Larry

Bruneel, Phillip Fralin, and Jackie Caul, and I hope they all stood

up.

The CHAIRMAN. Well, I hope they will all stand up. All right. At

this point, let me just give each nominee a chance to make your

10

opening statement. As I indicated at the first, we will include your

full statement in the record, but any comments you would like to

make. Ms. Mainella, why don’t you start.

TESTIMONY OF FRANCES MAINELLA, NOMINEE TO BE

DIRECTOR OF THE NATIONAL PARK SERVICE

Ms. MAINELLA. Good morning, Mr. Chairman, Senator Murkowski and members of the committee. It is just a great privilege and

honor to be sitting in front of you as the President’s nominee as

National Park Service Director. It is like a dream come true with

our great 384 wonderful units, our crown jewels of natural and cultural resources available to over 285 million people. To be able to

serve those resources if confirmed will be such a great honor.

My dream of being involved with park and recreation began as

a child when I was in Groton, Connecticut, and was in scouting,

in Girl Scouting, by first camping and hiking. And from there went

on to be my first job in park and recreation as a playground counselor working with children in playgrounds as I worked my way

through college.

From there, I had my, I continued to work part-time in park and

recreation, as I taught school. I was a physical education teacher

and did that for about 7 years and then moved to Florida, which

is where I moved into park and recreation not only at a State level

but in the local level and also in the private sector.

I had a chance to be the executive director of the Florida Recreation and Park Association, which also gave me that good private

sector experience which I think has benefited me in many ways.

My educational training from the University of Connecticut and

then my masters from Central Connecticut State College, now university, helped me I think have the skills to work with groups and

bring people together. That has been some of the, I think one of

the key assets I have had when I have been in Florida, and I hope

to be able to if confirmed apply that here on the national parks

level.

As Senator Graham indicated, one of the top accomplishments

that we have had in Florida State parks, and as he said I was

there, I have been there for 12 years under three administrations

and they are both Democrat and Republican administrations that

I have served under, has been that we did achieve the greatest

award, which is being voted the best State park system in this

country, and in doing that, what it recognized is the fact of our resource management, our citizen involvement, our ability to work

well with our volunteers, and of course, our visitors services.

But in doing that we found that you needed to bring a team together, and that is a whole team, a dynamic team, and it is not

just our great Park Service employees, but again, bringing together

groups from outside local governments and other State entities, as

well as our Federal partners that Senator Graham mentioned as

far as working with our Federal, our national parks and other entities.

We have found that that team development has been so critical

in the success for Florida State parks. Again, our challenges are

probably—we’re smaller than the National Park System obviously

and we have accomplished those so much and so many of those

11

techniques that are bringing teams together, bringing groups together, consensus building is what is I think applicable as we move

forward with the National Park Service efforts.

As you probably heard a number of times, Secretary Norton foresees that communication, the ability to cooperate with each other,

consultation, and of course, all under the name of conservation has

been a theme that I believed in for a long time, long before I even

had a chance to meet Secretary Norton and believe this is an important effort.

Our National Park System is the envy of this world. People from

all across the country and international visitors enjoy our parks.

And I want to commend all those that have served our national

parks, all our employees, all our partners as we have gone forward.

Our national park foundation and other stakeholders, if I am confirmed, I look forward to working with those groups.

As we reach out to people beyond just the folks that maybe we

have normally dealt with, we need to be able to do that so that we

know that all have had good communications, all have been listened to and also that we have continued to put and meet the

major challenges ahead of us. Our ecosystem, our whole protection

of our ecosystem, the general park management issues, our outdoor

recreational opportunities to make sure they will continue to be improved and of course our infrastructure issues as we have addressed that through our maintenance backlog.

I pledge to each and every one of you that I will commit to making sure that I reach out to those stakeholders, open up channels

of communication with everyone, including all of our elected leaders and making sure we have a good effort in that direction.

I want to work on volunteer development. I want to work further

on improving our partnerships and enhancing them even beyond

where they are today, and of course, also accountability, and I

think that is an important part through our performance goals and

other methods of accountability.

The President has really put a focus on our national parks, the

natural resource challenge, the elimination of the backlog, maintenance backlog and the establishment of partnerships through the

land and water conservation fund or similar efforts. I believe this

is a commitment that all of us will be very beneficial to our national parks. I believe and hope that I can play an integral part

in that effort of moving things forward, carrying forth the Organic

Act of 1916 and making sure that we are really in position as we

move through this 21st century.

I want to thank each and every one of you who have been able

to meet with me or visit with me. You have been a great support,

and so many of you, even members that are outside of this committee, have reached out to me. Also the support of both State and

local officials, leaders from organizations from across this Nation,

and I do pledge to you, I pledge to all of my supporters, to the

President and to the American people, that I will be ready to meet

these challenges that are ahead of us and further enhance the ability for the National Park Service to move forward through the 21st

century. I just thank you for this opportunity, Mr. Chairman, and

welcome any questions.

[The prepared statement of Ms. Mainella follows:]

12

PREPARED STATEMENT OF FRANCES MAINELLA, NOMINEE TO BE DIRECTOR OF THE

NATIONAL PARK SERVICE

Mr. Chairman, Senator Murkowski, and Members of the Committee, it is a great

privilege and special honor to appear before you today as the President’s nominee

for Director of the National Park Service, in the Department of the Interior. To be

responsible for America’s 384 special places, her crown jewels, is an awesome challenge. Working to preserve and protect their natural and cultural resources for the

over 285 million visitors that enjoy them each year is a dream come true.

My love of the outdoors began as a child in Groton, Connecticut, where through

scouting, I went on my first camping trip and hiked my first trail. While I attended

the University of Connecticut, I launched my 36-year career in parks and recreation

as a summer playground counselor. Upon graduation, I taught junior and senior

high school physical education and worked part-time for the Southington Connecticut Park and Recreation Department. I also completed my master’s degree in counseling at Central Connecticut State College. My academic training and overall work

experience has allowed me to develop the skills that are necessary to work well with

a variety of groups, building consensus and developing very important partnerships.

My park and recreational experiences in Florida have been on the local, state and

private sector levels. As Executive Director of the Florida Recreation and Park Association, a non-profit organization, I worked with the many hundreds of volunteers,

citizens, and numerous other organizations and groups to further the Association’s

goals.

For the last 12 years I have served as Director of Florida State Parks under both

Democrat and Republican administrations. Most notably, Florida State Parks were

voted the best in the nation, achieving the Gold Medal Award for 1999-2001. This

award is given by the National Sporting Goods Association, and the National Recreation and Park Association. This prestigious recognition reflects most positively our

approach to resource management, citizens’ involvement, innovative funding concepts, and the emphasis we place on visitor services. Building a dynamic team and

working closely together to accomplish our mission were essential components for

the award which includes our great employees, our 1900 partners including our concessioners and friends groups, our volunteers and many others.

Florida parks, with 155 units and 16.7 million visitors, have only some of the

challenges that face the National Park Service. Yet the successful techniques involved in establishing partnerships and bringing all stakeholders together for meaningful discussion and consensus building benefits all land managers. As Director of

Florida State Parks, I biannually schedule interactive meetings with environmental

leaders and recreation users to discuss challenges and goals. This process parallels

Secretary Norton’s 4 c’s—consultation, cooperation, and communication, all in the

name of CONSERVATION.

America’s National Park System is the envy of the world. I commend all those

dedicated public servants that serve at our national parks. If confirmed, I look forward to working with staff, our partners such as the National Park Foundation, and

other stakeholders. With the support of the Congress, I look forward to the challenges this position holds as we address park management, protection of ecosystems,

improvement of outdoor recreational opportunities, and improving park infrastructures. I pledge to this Committee, Mr. Chairman, that I will work closely with all

stakeholders, open channels of communication with all, including elected leaders,

and all those that have a common interest in making our national parks the best

they can be.

Also, I pledge to work hard to improve our partnerships, volunteer development,

and accountability through meaningful performance goals. The President has made

a strong commitment to our national parks by supporting the Natural Resource

Challenge, the elimination of the maintenance backlog, and the establishment of

partnerships as reflected through the Land and Water Conservation Fund. I believe

that by working with all partners and staff to achieve success, I can play an integral

role in having the National Park Service meet the goal described in the Organic Act

of 1916: of conserving ‘‘. . . the scenery and the natural and historic objects and the

wildlife and to provide for the enjoyment of the same in such manner and by such

means as will leave them unimpaired for the enjoyment of future generations.’’

I am also extraordinarily grateful and appreciative of the support my nomination

has received from Members of Congress, state and local officials, leaders from organizations with which I have worked and served. I pledge to you, to my supporters,

to the President, and to the American people my best efforts to meet the challenges

ahead, and further enhance the ability of the National Park Service as we move

through the 21st century.

Thank you. I am happy to answer any questions the Committee may have.

13

The CHAIRMAN. Thank you very much. Mr. Keys, why don’t you

go ahead with any statement you have.

Mr. KEYS. Senator Craig and Senator Bennett, thank you for the

generous——

The CHAIRMAN. You might pull one of those microphones over

there, please.

TESTIMONY OF JOHN W. KEYS III, NOMINEE TO BE

COMMISSIONER OF THE BUREAU OF RECLAMATION

Mr. KEYS. Senator Craig and Senator Bennett, I certainly appreciate those generous comments in the introduction. Mr. Chairman

and Senator Murkowski, it is certainly an honor and a privilege to

be here today, and appear before you and ask for your confirmation

to be the next Commissioner of the Bureau of Reclamation. I would

like to ask that my full written statement be made part of the

record.

The CHAIRMAN. It will be.

Mr. KEYS. Mr. Chairman, I retired from Federal service in 1998,

after working with the Bureau of Reclamation for 34 years. During

that time, I worked in the Great Basin in the Missouri, Columbia,

and Colorado River basins. I worked at all levels of the Bureau of

Reclamation, at the project office level, at the regional office level,

in the engineering and research center and at the Commissioner’s

office. I enjoyed and learned from every one of those assignments

and I believe that they prepared me well to handle the job of Commissioner of Reclamation.

During those years of service, I had the opportunity to work with

10 different Commissioners of Reclamation. And I learned something from every one of them. Commissioner Domini taught me to

work with the Congress. He was very successful with that. Commissioner Higginson taught me to work with the States. Commissioner Underwood taught me to work hard. Commissioner Beard

taught me to respect the resource and how to change, and Commissioner Martinez taught me humility and service.

The Bureau of Reclamation is a grand organization. It has great

people there. And they have great potential to serve this country.

In cooperation with the States, tribes, local water users and other

stakeholders, Reclamation has a major role to play in the future

management of the West’s scarce water resources. It has served

this country well for the past almost 100 years and I look forward

to the opportunity to help launch it into its next 100 years of service.

If confirmed as Commissioner of Reclamation, I will consult with

you and work with you. I will communicate with and work with

your constituents, and I will look for cooperative, collaborative and

innovative solutions to the water resources problems that challenge

us in the Western United States. Above all, I will try to keep you

from being surprised by any water resource issue that involves the

Bureau of Reclamation. Thanks again for the opportunity to be

here. I would look forward to answering any questions that you

may have today.

[The prepared statement of Mr. Keys follows:]

14

PREPARED STATEMENT OF JOHN W. KEYS III, NOMINEE TO BE COMMISSIONER OF THE

BUREAU OF RECLAMATION

Mr. Chairman, Senator Murkowski, and members of the committee, it is an honor

and indeed a privilege to appear before you today and seek your confirmation of my

nomination to be the next Commissioner of the Bureau of Reclamation.

Mr. Chairman, my entire professional career was spent working with the Bureau

of Reclamation throughout the Western United States. The experiences gained

working in the Great Basin, the Missouri River Basin, the Colorado River Basin,

and the Columbia River Basin have been invaluable to prepare me for the challenges of working with future water resources problems, conflicts, and demands that

we face in the West. I believe that I can work with all of the water users around

Bureau of Reclamation projects to meet those challenges—the traditional water

users who have contracts for the delivery of irrigation water, the municipal water

users whose demands continue to increase, the instream flow water needs that are

becoming more critical (for fish, wildlife, recreation, water quality control, etc.), the

increasing demands for hydro-electric power generation, and water requirements

that we don’t even know about yet. And I believe that water deliveries from those

facilities can be made in compliance with state water rights and laws and the applicable Federal rules, regulations, and laws.

The last eighteen years of my work with Reclamation were spent in the Pacific

Northwest, dealing with water service, droughts, Endangered Species Act requirements for stream flows, rebuilding of an aging infrastructure, and the changing

water requirements of our society. Working closely with the State Legislatures

(Idaho, Washington, Oregon, Montana, and Wyoming), the Congressional delegations, the water users, the Native American Indian tribes, and other water related

organizations, we were able to meet these demands. I believe that I can bring that

same cooperative spirit and attitude to the Bureau of Reclamation for its future

work throughout the Western United States.

With that background, let me share a few of my basic beliefs and guiding tenets

with you:

1. I believe in the Bureau of Reclamation. Its people and the institution itself have

the character and capability to work with all of the water users within, around, and

throughout the basins of the Reclamation projects to meet their water requirements.

Those water requirements can and should be compatible. I believe that I have the

experience, ability, and ‘‘work togetherness’’ to make that happen.

2. I believe in State Water Rights. Bureau of Reclamation projects were built

within them and are operated within them. Reclamation should work closely with

the states for the best use of the projects and their water resources.

3. Bureau of Reclamation facilities are a valuable asset of the Federal government. Generally speaking, Reclamation’s dams, reservoirs, and hydro-electric power

plants should remain in that ownership. Ownership of other project facilities may

be appropriate for transfer to project beneficiaries.

4. The Bureau of Reclamation can work within existing Federal rules, regulations,

and laws that govern those projects and their operations. Some of these rules, regulations, and laws may need changes—if so, I would work with you to accomplish

those changes.

5. I believe in Bureau of Reclamation people. I will work with them, the Administration, the Congress, the states, other agencies, and other organizations to get Reclamation’s job done and help those people do their jobs to their potential.

With that said, there are a number of challenges that the Bureau of Reclamation

faces and will have to deal with on a long and short term basis:

1. Managing the limited water resources in Bureau of Reclamation projects for the

needs of traditional water users and the expanding water needs of our society (domestic and municipal water use, instream flows, power production, fish, wildlife,

water quality control, etc.)

2. Maintaining an aging infrastructure to continue the delivery of water for multiple uses, provide for the generation of power, and other project benefits, and to

protect public safety in those project areas.

3. Dealing with power supply in the Western United States—coordinating Reclamation power plants, power generation, and power marketing with other Federal

agency and private power plants to meet project uses and power customer demands,

and to provide system reliability.

4. Working with other Federal agencies to meet applicable Federal laws, regulations, and requirements (i.e. National Environmental Policy Act, Endangered Species Act, Clean Water Act, water quality standards, etc.).

15

5. Enhancing the role of the Bureau of Reclamation as a leader in the management and conservation of water in the Western United States—such role would certainly go beyond the delivery of project water——

• conservation of water and encouragement of its judicious use.

• finding innovative and effective ways to deal with the drought.

• development of recycling technology and acceptance for waste water reuse.

• working with other agencies, organizations, etc. to make many uses of the same

water.

• give water users and planners a place to turn to for technical advice.

• work with the states on water allocations from Western rivers and deal with

those rivers that may be over allocated.

Mr. Chairman, there are no magical answers or silver bullets that will make the

West’s water resources problems go away or make these tasks any easier to solve.

If confirmed, I will work hard to make us both successful in dealing with the challenges of managing the scarce water resources of the West. Secretary Norton has

outlined a vision for the Department of the Interior that includes strong support for

conserving and maintaining our water resources. With her support and a strong

commitment to consultation, cooperation, and communication, I believe that we can

get the job done, and get it done right.

Thank you for the opportunity to be here today. If there are any questions, I

would be pleased to try to answer them.

The CHAIRMAN. Thank you very much. Ms. Bailey, why don’t you

go right ahead with your statement.

TESTIMONY OF VICKY A. BAILEY, NOMINEE TO BE ASSISTANT

SECRETARY FOR INTERNATIONAL AFFAIRS AND DOMESTIC

POLICY, DEPARTMENT OF ENERGY

Ms. BAILEY. Thank you, Mr. Chairman. I would ask that my

statement be entered into the record, please.

The CHAIRMAN. It will be.

Ms. BAILEY. My opening comments are very brief. It is a huge

honor and privilege to be asked to join the Bush administration. I

hope that my experience in my present position and my background, especially as a former State commissioner in Indiana and

also as a Federal regulator at the Federal Energy Regulatory Commission will be helpful to the Energy Department.

Our country faces a lot of important decisions with respect to future energy policy. Our Nation’s economic engine depends on the

availability of (1) reliable and (2) affordable energy. My mission in

private industry has been the same.

In addition to its importance to our economy, energy policy affects every citizen in our country, especially our Nation’s seniors

and citizens struggling to make ends meet. It is also important to

demonstrate common sense and maintain a balance between our

energy and our environment. And as we move forward to provide

energy security, we need also to protect our Nation’s resources.

If confirmed as Assistant Secretary of Energy for International

Affairs and Domestic Policy, I would be prepared to develop a team

of people to give thorough analysis and advice to the Secretary, basically be an analytical clearing-house, provide expert analysis and

opinion on policy proposals, and hopefully keep the debate from

being polarized, and also as we go along, look at how proposals affect producers, as well as consumers. And with those remarks, I

thank you and offer myself for any questions.

[The prepared statement of Ms. Bailey follows:]

16

PREPARED STATEMENT OF VICKY A. BAILEY, NOMINEE TO BE ASSISTANT SECRETARY

FOR INTERNATIONAL AFFAIRS AND DOMESTIC POLICY, DEPARTMENT OF ENERGY

Mr. Chairman and Members of the committee, I am honored for the opportunity

to appear before you today. President Bush has nominated me to serve as Assistant

Secretary, for International Affairs and Domestic Policy, United States Department

of Energy. I accept his nomination with great pride and respect, and a great deal

of humility. I pledge to serve the American people with all of the skill and dedication I can muster. They deserve no less.

This is not the first time I have appeared before this Committee. In 1993, I first

appeared before this Committee to receive its confirmation of my nomination to

serve as a Member of the Federal Energy Regulatory Commission. As a FERC Commissioner until early 2000, I made subsequent appearances before this and other

Congressional Committees to discuss various topics concerning energy policy. However, at no point during the past several years—perhaps not since the Middle Eastern oil embargo and gas lines of the 1970s—have energy issues dominated the headlines as they do now. In a recent poll, conducted by CNN/Gallup/USA Today, 94%

of the American people now agree that the country is in a serious ‘‘energy crisis.’’

The reasons for public concern are familiar to us all. California is now threatened

every day this summer with rolling blackouts, and much of the rest of the West is

similarly at risk. Consumers have experienced sharp increases in the price of gasoline, home heating oil, natural gas, and electricity. Pipelines, transmission lines,

and refineries are aging and increasingly incapable of serving a growing and energy

hungry population. Indeed, the health of our nation’s economy, to which we have

all grown to take for granted, is now threatened by energy shortages and prices.

The challenges presented to government officials—federal, state, and local—with

authority to address pending energy issues are truly daunting. I look forward to returning to Washington, D.C., and again taking on these challenges.

I believe that I possess a varied—and possibly unique—perspective on current energy challenges. In particular, I understand the issues well based on the last 15

years of my professional career. Those years have placed me in positions of responsibility at the state and federal level, as well as in private industry. I will briefly

explain those positions, and how they have offered me the opportunity to influence

the development of energy policy.

For seven years, starting in 1986, I served as a Commissioner on the Indiana

Utility Regulatory Commission. (I was originally appointed by Governor Orr, and

then reappointed by Governor Bayh.) The Indiana Commission regulates the retail

and intrastate aspects of electricity and natural gas service, as well as other utility

services. I know first hand how a decision to increase utility rates or site a generating plant or transmission line will affect consumer interests. I have always viewed

the concerns of individual consumers of utility service as no less important than the

concerns of corporate providers of utility service.

For seven more years, starting in 1993, I served as a Commissioner on the Federal Energy Regulatory Commission. As you know, the FERC regulates the wholesale and interstate aspects of electricity and natural gas. It also exercises jurisdiction over oil pipeline rates, the certification of natural gas pipelines, and the licensing of hydroelectric facilities. During any years of service, the FERC moved dramatically away from its traditional (and litigation-intensive) review of utility revenue requirements and cost structures. In its place, the FERC now relies on its assessment

of competitive markets and the opportunity to exercise market power. In my years

as a FERC Commissioner, I supported efforts to promote non-discriminatory, open

access to alternative energy suppliers, with the goal of allowing consumers additional choices and service options.

I returned to Indiana in February of 2000. Since that time, I have served as President of PSI Energy, Inc. PSI, headquartered in Plainfield, is Indiana’s largest supplier of electricity, serving 69 of its 92 counties. It is the Indiana operating company

of Cinergy Corp. Cinergy serves more than 1.5 million electric customers and

500,000 gas customers located in a 25,000 square mile service territory encompassing portions of Indiana, Ohio and Kentucky.

As President of PSI, I make business and operational decisions every day that affect the fortunes and lives of the Indiana businesses and residents it serves. My responsibility to utility consumers is to provide the most reliable, highest quality of

utility service at the lowest possible rates, and with the least possible impact on the

environment. My responsibility to utility employees and shareholders is to develop

and grow a business that can adapt to the changing competitive landscape.

I do not leave these responsibilities and tasks easily. I leave Indiana and return

to Washington, D.C. only because of the opportunity to assume new challenges and

to confront the energy demands of all Americans.

17

Despite recent setbacks, I continue to believe that American energy consumers are

best served by the competitive market. I have maintained this belief ever since I

first joined the Indiana Commission in 1986. My 15 years in the business of regulating and providing energy services have only served to reinforce my conviction that

consumers demand choice. I remain committed to the judgment that consumers can

best realize competitive options and obtain lower rates and higher quality service

through reliance on market forces.

This is not to assume that a competitive market for energy products and services

operates in all 50 states. Certainly, some regions—most notably California—suffer

from markets that are not competitive and, perhaps, were not designed to be competitive. The goal confronting both legislators and regulators is to move malfunctioning markets in the direction of competition, and not retreat and embrace traditional

concepts that serve only to stifle individual initiative and choice.

I offer a Midwestern example. In the summer of 1998, the cost of wholesale power

in portions of the Midwest skyrocketed to, at times, several thousand dollars per

megawatt-hour. (In contrast, wholesale electricity prices typically average between

30 to 50 dollars per megawatt-hour.) The reasons for the price spikes were many

and complex, but at bottom they rested on the simple notion of inadequate supply

and increasing demand.

Fast forward three years. The Midwest now has proposed ample supplies of

power, and prices have reverted back to historical levels. This is all due to the fact

that the energy industry has learned from the summer of 1998. Prices charged during that summer served as a signal to induce interest from investors of capital who

wanted to build new generating facilities to serve pent-up demand. Lawmakers and

regulators, chastened by the events of that summer, committed to provide the authorizations and incentives necessary to attract investment in new infrastructure.

This is exactly how the market is supposed to work.

Nevertheless, as more recent events demonstrate, responsible officials need not—

and oftentimes must not—simply wait for competitive circumstances to improve as

the economics textbooks say they inevitably will. There is much that officials can

do to promote competition in the supply of energy services. In the short-term, consumers must be assured that suppliers will not be able to take undue advantage

of developing or dysfunctional markets. Anticompetitive or other forms of improper

behavior must be detected and remedied; market rules must be vigorously enforced.

In the long-term, consumers must be assured that there will be an adequate supply

of all forms of energy products. They must also be assured that there will be an

adequate infrastructure in place that will enable the delivery of these products

throughout the country.

For these reasons, I am heartened by the efforts of this Committee and this Congress to advance various legislative solutions to the pending energy crisis. I am also

encouraged by the vision and direction of the Administration in packaging together

a portfolio of policies and initiatives, as enumerated in the National Energy Policy

Report addressing both the supply and demand side of the problem, that will serve

to promote the energy independence of the United States. I am particularly pleased

to see that consensus has developed that the best way to ensure our nation’s longterm energy security is to embrace, rather than reject, the competitive market. I

agree that any short-term fixes must not jeopardize the long-term health of that

market.

Experience has taught me that the energy business is cyclical. To be sure, recent

peaks and valleys have been more pronounced and volatile than in prior years. But

I remain confident that today’s headlines will attract—and indeed already have attracted the investment dollars and consumer attitudes that will allow present-day

energy worries to recede. The task for governmental and private energy officials will

then be to advance and carry out policies that focus on the long-term and that ensure that certain regions do not become overly reliant on only certain fuels or neglect necessary infrastructure enhancements.

A related task for officials is to ensure that the United States does not become

insular and overly isolated in its thinking on energy policy. As for myself, I have

remained active in organizations, such as the European Institute, Aspen Energy

Forum, The Keystone Center Energy Project and the Harvard Electricity Policy

Group, that have focused on both domestic and international energy policy. The Administration has laid out a strategy with the National Energy Policy where several

components focus on international concerns. If I am confirmed, I look forward to

supporting the task force’s recommendations as well as working with Congress on

any directives they deem appropriate.

Thank you for this opportunity and I look forward to your questions.

18

The CHAIRMAN. Thank you very much. Let me start with a few

questions. Ms. Mainella, let me ask you about this Park Service

proposal to significantly reduce the use of snowmobiles in our national parks. I gather there are specific proposals at Denali National Park and Preserve, at Yellowstone, at Grand Teton National

Park. Are you familiar with that proposal and if so, do you support

it?

Ms. MAINELLA. Mr. Chairman, as you know, snowmobiles are appropriate in some of our parks and our plans are based off of each

case by case unit and looked at in that manner. I know that some

are also under litigation. I think there are some dealing with Yellowstone and Tetons that are under litigation and may be moving

towards some type of settlement, but that is as much as I know at

this time, but I look forward to working with you further as we better understand the roles of snowmobiles in our national parks, but

again right now, they are being looked at on a case-by-case basis.

The CHAIRMAN. Let me ask you about a particular project or program that I think has value that I have been urging more resources for for several years, and that is the Youth Conservation

Corps. Back in, at the end of the 1970’s, Youth Conservation Corps

received about $60 million a year, enrolled about 32,000 young people each summer. We commit much less than that now, a few percent of that now, and enroll very few young people in the program.

I would be interested in knowing your thoughts about that program and whether you would be willing to support higher levels of

funding for the Youth Conservation Corps and give that a higher

priority in the efforts of the Park Service?

Ms. MAINELLA. Mr. Chairman, the youth involvement in our national parks is absolutely critical on all levels and the Youth Conservation Corps I have had experience with in the State of Florida

as well and has done many beneficial efforts. I don’t know, not

being familiar with the actual establishment of the budget and

hopefully I’ll be working with you in the future in that effort, what

the funding levels, what they can be and how we can move that

forward, but I certainly believe that the projects the Youth Conservation Corps are so important, they parallel back to our Civilian

Conservation Corps, which is the start I know of our Florida State

park system and very instrumental in so many of our other both

State and national parks throughout this Nation.

The CHAIRMAN. Mr. Keys, let me ask you about what role, if any,

you think the Bureau of Reclamation can play in dealing with the

depletion of underground aquifers that, that in many cases straddle

State boundaries. One in particular that we have a problem with

in New Mexico is the Ogallala Aquifer, which of course Texas,

Oklahoma, Kansas, Colorado and various other States have problems with the depletion of that underground aquifer. Do you believe that there is any role for the Bureau of Reclamation in assisting with a solution to that problem?

Mr. KEYS. Mr. Chairman, yes, there is. The Bureau of Reclamation has a great body of expertise in dealing with groundwater,

both the monitoring of existing conditions, trying to determine

trends that are happening, and trying to solve any problems there,

and we would certainly work with the States involved, and with

19

the basin commissions that might be involved, and see what could

be done there, working closely with you.

The CHAIRMAN. Let me ask, there is a lot written and stated

these days about the fact that the time for construction of large

water projects in the West is behind us, and that as a general matter, the Bureau of Reclamation has to have a different mission.

How would you describe the mission of the Bureau of Reclamation

as you see it?

Mr. KEYS. Mr. Chairman, the Bureau of Reclamation has a great

history of being the great collaborator, working with the States,

working with the tribes, working with the other Federal and State

agencies in the water resources problems that we encounter. There

have been several times in the Bureau’s history where we made

shifts from the large projects to working with water resources management. I think that is been done.

There may still be some large projects out there. I don’t think we

should ever rule out that, but certainly we have a role in managing

the water that is there, providing the work with the international

community also. I think the Bureau has a great future in helping

our country manage those water resources and how they are used,

both for water and energy generation.

The CHAIRMAN. Thank you. Ms. Bailey, let me just ask you, the

administration is evidently in the early stages of trying to develop

a policy that would be the administration’s climate change policy.

Secretary Abraham indicated that to us at a hearing we had a couple of weeks ago. What role do you expect to play in this new position? What role would you expect to play in the formulation of that

policy, and what are your views on that?

Ms. BAILEY. Thank you, Mr. Chairman. I believe that in my position as Assistant Secretary of Energy for the International Affairs

this is where this comes up the most, that is the issue of global climate change. I believe that my Department will have an instrumental role in looking at the proposals, what is put forward. I believe there is a cabinet level task force that is working on looking

at alternatives to the present proposal.

The President has said that the present proposal is not something that he can support, and has been in discussions with the

other countries involved in the Kyoto, original Kyoto protocol, so I

would look to my role being supportive, being an area where we

would analyze the proposal, try and look at all sides of the issue,

and be able to advise the Secretary accordingly.

The CHAIRMAN. Thank you very much. My time is up.

Senator Murkowski.

Senator MURKOWSKI. Thank you, Mr. Chairman. Let me comment relative to concerns that have been expressed when we had

Governor Gray Davis here about overcharges and alleged price

spiking and so forth by various utility companies and there was an

identification of about 505 million that was in dispute, and about

270-some-odd million of that was sales from BC Hydro, and in your

capacity, Ms. Bailey, relative to the international aspect, can you

tell us a little bit about how that works in relationship to the authority of the Department of Energy to oversee vis-a`-vis FERC to

set rates but when we are becoming so dependent on foreign

20

sources and not that Canada is necessarily foreign in the sense of

being a distant neighbor.

We still have a situation where you have a willing seller and a

willing buyer and this allegation of overcharging by BC Hydro is

part of the falderal associated with the allegations but what’s in

your opinion the likelihood of collectibility from a foreign source

when they are saying here is the price of our energy, take it or

leave it?

Ms. BAILEY. I think it is very difficult from the standpoint of

oversight and jurisdiction. I think these are the issues that come

up. FERC has limited jurisdiction from the standpoint of—I believe

BC hydro, there is a marketer that FERC has jurisdiction over in

the California area. Not being there and not being intimately

aware of all the issues in the details, it is difficult for me to respond, so I think I will say this.

I think it is very difficult when you talk in a sense of refunds,

knowing that probably BC Hydro and other generators in that area

have incurred accounts receivables in that area, so it is very difficult to talk strictly about refunds without also looking at probably

what is due that generator. I think FERC’s actions last Monday in

their order will help the Western States greatly, and I know in

their settlement process, they are going to be addressing the issue

of which you speak. Without having further knowledge, intimate

knowledge of the situation, that is about all I think I can safely

say.

Senator MURKOWSKI. Thank you. With the international aspects

of your new position, why obviously, you will have an opportunity

to get in there. A little weather report from Mr. Keys relative to

your familiarity and background in the Northwest and the reality

that so much of it is dependent on hydro and our understanding

that levels are down 50 percent from what they ordinarily are and

the realization of what that means, the balance of summer months

where your run-off is probably pretty much over for this year and

you are still required to maintain levels for the salmon on certain

rivers.

Can you predict all things being equal, assuming we have a normal summer and so forth, what we are likely to see in October and

November and perhaps December and January as a consequence of

our dependence on this source traditionally and the realization that

it might be half as much power as you ordinarily would get. What

are we looking at with California, Oregon, Washington, Idaho?

Anybody else. Maybe Colorado. Montana, Wyoming, New Mexico,

Hawaii, Alaska. We are okay.

Mr. KEYS. Senator Murkowski, my crystal ball is no better than

anyone else’s.

Senator MURKOWSKI. You have more knowledge than anybody on

this panel, though.

Mr. KEYS. But the crystal ball of how much water is coming is

pretty shallow at times. What I would tell you is that the system

was used to its maximum as I understand during this past winter

to help California and other areas out of a bind. That greatly

stressed the system. I understand with the current water situation

there, there is little help that can be available into some of those

areas during this fall.

21

Senator MURKOWSKI. And? There is little help. So what happens?

Mr. KEYS. Well, sir, we generate power at our facilities. First

pull on that power is for the project purposes, and then if there is

some surplus power, we will send it to those areas that need it.

Senator MURKOWSKI. We’ll say I am an aluminum company, and

I can make more money reselling my part than I can making aluminum. Do you have any emergency authority to interrupt that

agreement and make that available direct for public consumption

as opposed to reselling?

Mr. KEYS. Senator Murkowski, I don’t have any objection to that,

but we don’t market the power. Bonneville Power Administration

is in charge of those contracts. They market all the power from

Reclamation facilities.

Senator MURKOWSKI. Well, from your comments, I appreciate

your caution, but clearly there is reason to be concerned. My last

question will be for Ms. Mainella, and it is concerning one of the

crown jewels in the Park Service, and that is Glacier Bay National

Park, and I understand you have been there.

Ms. MAINELLA. I have, sir.

Senator MURKOWSKI. And recognize there is a great demand

from Memorial Day to Labor Day and the way you see the park is

on the deck of a cruise ship and the foot print might be a cigar

thrown over the side, but it is very minor in relationship to what

you would have if you had other access. The Park Service has had

an eagerness to develop its own EPA capability and monitoring as

opposed to letting the Federal agencies and the State agencies

monitor.

We have always tried to initiate at least two ships a day in

there, figuring it was the best way to see the park. I think we are

down to 130 ships for a 90-day season. We should be at 180. There

is great reluctance not to make this another Yellowstone or Yosemite. In our point of view, they are entirely different, and you know,

the best way to see it is a cruise ship. The public wants to come

in.

Two a day seems to be reasonable but the Park Service is just

absolutely opposed to it for any reason conceivable that they can

possibly come up with, and they claim that they are better off to

establish their own monitoring, as opposed to using the Federal

agency monitoring capability that the EPA has and the Coast

Guard has and so forth.

And it seems to us an effort to build another bureaucracy within

the Park Service is totally unnecessary. I don’t expect you to have

definitive views on this, but I would like you to consider the merits

that some of these parks have for visitors to see, not necessarily

for the enjoyment of the Park Service personnel to manage. There

has got to be a balance there and with the very short season we

have, it seems to us there is a way to have a more reasonable approach and accommodate more of our visitors. Any comments?

Ms. MAINELLA. Senator, I’ll be glad to look further into that. I

was under the impression that the National Park Service had been

working on an agreement that had, where there were more cruise

boats coming in, but that it went around legal concerns, lawsuits

were filed and at this point, that their—legal is taking a look at

how to move forward from here.

22

Senator MURKOWSKI. The environmentalists are very much opposed to two a day. I can tell you that.

Ms. MAINELLA. I’ll be glad to look into that further, Senator.

The CHAIRMAN. Senator Akaka.

STATEMENT OF HON. DANIEL K. AKAKA, U.S. SENATOR

FROM HAWAII

Senator AKAKA. Thank you very much, Mr. Chairman. I would

like to add my welcome to the nominees, to congratulate all of you

for your outstanding credentials that you bring to this hearing. I

would also like to welcome your friends who have joined you here

today.

I have had the pleasure of meeting with Ms. Mainella, and I look

forward to hearing your comments. Mr. Keys, I know of your experience with the Pacific West and I want to talk with you some day

about the water problems in Hawaii. We do have droughts, too.

And as you may know, last year, legislation was enacted making

Hawaii a reclamation State. And I’d like, Mr. Chairman, to have

my statement included in the record, my full statement.

[The prepared statement of Senator Akaka follows:]

PREPARED STATEMENT OF HON. DANIEL K. AKAKA, U.S. SENATOR FROM HAWAII

Thank you, Mr. Chairman, I would like to add my welcome to the nominees and

to congratulate them on the outstanding credentials they bring to this hearing. I

would like to welcome their families as well. I have had the pleasure of meeting

with Ms. Mainella, and I look forward to hearing her comments today.

It is nice to see Mr. John Walton Keys, III, nominee for Commissioner of the U.S.

Bureau of Reclamation. Mr. Keys, with your experience in the Pacific West, you may

be aware that various areas throughout Hawaii have been experiencing severe

drought, affecting farmers, ranchers, and residents on several islands. In addition,

many of Hawaii’s irrigation systems which were developed to service sugar cane

fields are deteriorating and are not properly maintained to provide water to Hawaii’s farms and ranches. As you may know, last year, legislation was enacted making Hawaii a reclamation state.

I look forward to working with you on the study of Hawaii’s reclamation needs

and drought assistance planning. It is my hope that some of Hawaii’s water concerns will be resolved with the assistance of the Bureau. Mr. Keys, I look forward

to working with you and the Bureau on these issues.

I would also like to welcome Ms. Vicky A. Bailey, the nominee for the Assistant

Secretary for International Affairs and Domestic Policy in the Department of Energy. I look forward to working with Ms. Bailey in developing appropriate policies

to address our nation’s energy problems.

Senator AKAKA. I have some questions for Ms. Mainella. My first

one since I have heard Senator Murkowski ask you whether you

have been to Glacier, is if confirmed, can we count on your visit to

our beautiful national parks in Hawaii?

Ms. MAINELLA. Senator, that is an easy yes, and would be very

pleased to do that. Yes, sir.

Senator AKAKA. Over the last 10 years, I have been an advocate

for an increased recognition of diversity within the National Park

System. The previous administration made a major commitment to

reach out to diverse communities around the country so that our

parks and those who serve as stewards of these places are truly reflective of our Nation.

I have initiated studies for Park Service units that tell the story

of Japanese-American internment camps, historic and cultural

trails and parks in Hawaii, as well as the story of west coast immigration and the building and the peopling of America. I believe that

23

the interpretation of how America has become a diverse Nation is

important for us all.

My question to you is do you see this as an important issue with

regard to long-term preservation for our national parks and if so,

would you make this a priority under your leadership?

Ms. MAINELLA. Senator, the cultural diversity is an important

part of our national parks and I know in Florida, it was an emphasis that we placed heavily in our Florida State park system. In fact,

we had a cultural initiative underway in Florida that reached out

not only to our historic sites and cultural sites but also to diverse

groups, bringing them into our parks and making sure that we had

that diversity as best as we could. I would look forward to working

with you in that effort. I think it is very critical, particularly in the

21st century as we see our demographics continue to change, to

work more closely on our cultural diversity efforts in the national

park system.

Senator AKAKA. During both Republican and Democratic administrations, Congress authorized new parks to conserve our natural

and cultural heritage. In the 106th Congress, four new units were

created and several park expansions authorized, including Great

Sand Dunes National Park in Colorado and Hawaii Volcanoes National Park. What is your view of the need to continue adding nationally significant resources to our national park system, and do

you intend to place a limit on recommending new units?

Ms. MAINELLA. Senator, the diversity, our opportunities for diversity in our resources and being able to have those in our national parks is so important to I think all of us here. At this time,

though, as you know, we are putting a great emphasis on our park

maintenance backlog and some of those particular areas, so the administration has asked that we wait, or at least recommend to you

depending on what you choose to do, if we can wait for at least

maybe through this session of Congress before we add new units.

Now, looking at expansions and looking at getting into studies of

those potential new units would be done on a case by case basis,

and again, your guidance, you folks make those final determinations but I look forward to working with you but I do know we do

need to continue to also work on that maintenance backlog. Thank

you.

Senator AKAKA. I believe that eliminating the backlog of maintenance is important, but I also believe we must not jeopardize funding for the every day management and interpretive needs of the

national parks. While visitorship is growing, funding to provide a

quality visitor experience is shrinking. It has become clear that we

cannot solely depend on appropriated monies for the day-to-day

needs of the Park Service.

We need to discuss a variety of different ways to assist the parks

to raise monies. The national park stewardship bill includes a provision to explore a mechanism called NAFIs, or nonappropriated

fund instrumentalities. In the past, the idea of parks bonds has

been considered. Also the recreational fee demonstration program

has been authorized as a pilot.

I believe we need to assess the successes and weaknesses of this

program, and to build on them where necessary, and I am interested in your views on this pilot program. What are your views and

24

priorities for identifying mechanisms, including recreational park

and other fees for augmenting the funds for national parks, and in

addition, to increase appropriations, would you look favorably on

them as options, user fees or other financial innovations?

Ms. MAINELLA. Senator, thank you for being interested in not

only the acquisition efforts, but also the operational sides of our national parks, not only our maintenance backlog, but the general

every day operations. I know the people in the field greatly would

appreciate those concerns. Also, though, I think that there is a lot

of innovative funding. In fact, when we won the gold medal award

in Florida, I think it is partly not only for our resource management and citizen involvement, but also for innovative funding concepts and I think there is a number of different ways, funding,

working with our volunteers and partner organizations that may be

able to help us as well as we instituted in Florida a Challenge Program where our friends groups, where if they raised a certain

amount of money in the case of Florida with $60,000, then State

of Florida matched it with $40,000 and it had to be projects,

though, that were reflected in the unit management plan in our

parks for Florida.

It is been a real success story, and those kind of innovative concepts—bonding is something Florida has used for land acquisition.

We have not done as much in our actual being able to do facilities

that way but it is certainly something I am familiar with from

other areas in the Nation working on it. I would look forward to

working with you a lot further in that effort. Thank you.

Senator AKAKA. Thank you very much for your responses. Thank

you, Mr. Chairman. I have other questions that I would like to submit.

The CHAIRMAN. We will have all those other questions submitted

for the record.

Senator Campbell.

Senator BURNS. May I ask to submit questions. We have a couple

of questions that we want to submit both to Mr. Keys and Ms.

Mainella.

The CHAIRMAN. Those certainly will be included. Thank you.

STATEMENT OF HON. BEN NIGHTHORSE CAMPBELL,

U.S. SENATOR FROM COLORADO

Senator CAMPBELL. Thank you, Mr. Chairman. I have a few

questions, too, but let me just make a couple of statements beforehand. I think all three nominees are just eminently qualified and

certainly support all of them and I am somewhat distressed that

we have not been able to move some of them that are already on

the table. I would hope that we would move these because I know

there is a lot of important issues awaiting them.

I was particularly interested in reading their backgrounds and I

had a nice talk yesterday in fact with Fran. I was interested in

your background and all the skills you bring, I have to tell you that

in dealing with bringing people together and resolving disputes

should hold you in good stead with Congress as a playground counselor. The last 3 days, I think in the eyes of many of the American

people, that is what this place has looked like, as you probably

know.

25

Also I was interested in Senator Akaka’s comments on expanding

cultural—and I think diversity too within the parks. It is long overdue. But I think they have made great progress, too. I mentioned

to Fran yesterday, I just came back from Senator Burns’ State just

a day before yesterday where we commemorated the 125th anniversary of the so-called Custer battle at the Little Bighorn National

Monument. That is the place where Custer found out the Indians

really wanted to be involved in diversity, and the Park Service up

there is doing a marvelous job. I mean, they have, I think the interpretive center they have, the people they have working there.

They have done a terrific job and I think that its also been reflected in the increase of people that are coming in the gate. It is

been going up 10 to 15 percent per year. Americans want to know

those stories and I just would encourage you to pursue that as Senator Akaka has suggested. I think it is really extremely important.

I had a couple of questions that I wanted to ask you about water

in a minute, but John Keys’ background in the American West,

John, you know the markup of this committee. A lot of us are from

the West. A lot of us subscribed to Mark Twain’s statement years

ago that whiskey was for drinking and water is for fighting. You

know, you have been out there. You know what it is like.

Mr. KEYS. Yes, sir.

Senator CAMPBELL. In that 182 that you fly, I am sure you are

going to have lots of opportunity to get around to try and put out

some of those disputes. You were here, involved in some of the battles we had on the, at the ongoing battle about the Animas La

Plata Water Project, so important to Senator Bingaman’s State and

mine where nine agencies, two tribes, both States all reached

agreement in 1988 to revise what had been passed the first time

in 1968, even before you got here.

Well, we haven’t turned a shovel of dirt since you have been

gone. We passed another bill in the year 2000 last year. Still

haven’t done one single thing. And part of it I really do believe is

because in the past 10, 12 years the Bureau of Reclamation has

kind of gone soft. Every time they get a threat of a lawsuit or any

accusation or anything they just sort of melt in the opposition’s

face which is primarily the environmental community and they just

go soft on us.

I would hope when you take over that position that you are going

to really take the leadership in getting that thing built. It is long

overdue. It is getting more expensive and smaller all the time and

there is no doubt in my mind that the people that are opposed to

that, they don’t want an agreement. They don’t want a compromise. They want to kill the project. It is as simple as that. That

is come through to us over and over and over. Those tribes have

been waiting over 100 years, about 120 years in fact for water they

are entitled to under the treaties and under the law, too, and they

have not got it yet.

I know you know the problem we faced out there, and I just want

to tell you I hope that you really take the leadership in that and

get the dirt moving. Let me say to either one of you, I don’t know

who I should ask about national park status and I thought we had

it written pretty carefully dealing with water. There was, there was

26

no reserved right that was quantified, but there was an implied

right as there is with all the parks.

Well, now we have in those waning days in the Clinton administration, a filing on water. It is in the State water courts now. We

have had over 385 letters of opposition and complaint, and I just

wanted to know if had you had a chance to visit that since we

talked about it?

Ms. MAINELLA. Senator, I have not had a chance to visit that,

but I promise you I will and we will get further briefing. I just, I

am aware now of the issue and we will certainly look forward to

working with you in the future in that effort.

Senator CAMPBELL. Well, as it is now, it is going to create one

heck of a mess, not only on people that believe they have a priority

right. There is some question about if more water is released

through the canyon, would it affect the flood plains of the towns

of Delta and Montrose. Would it effect the gold medal fishing that

is in the streams now. It is going to be extremely complicated, but

I’d certainly appreciate it if you would deal with that.

Ms. MAINELLA. I will. Thank you.

Senator CAMPBELL. Mr. Chairman, I really have no further questions. I would like to submit some, though, in dealing primarily

with water and the parks, too, that could be answered in writing

if you could. Vicky, I have no questions for you but I am sure you

are going to do a terrific job.

The CHAIRMAN. Senator Craig.

Senator CRAIG. Mr. Chairman, thank you. Ms. Mainella, John,

Ms. Bailey, thank you all very much for your willingness to serve

the American people. It is gratifying to see people of your integrity

and quality come before us with a willingness to serve. We hope

that it won’t be dashed by an inability to get you into service.

I understand there was an alumni gathering last night of those

who might serve. Very frustrated because they would like to have

their children into school by August. They are in the middle of selling houses and buying houses, and the Senate of the United States

seems to be ignoring them, and that is really tragic. So I hope that

you don’t fall victim to that. Those who live in the city and are

choosing different services are okay. Those who are in transition

from homes outside of the city to our Nation’s Capital are finding

tremendous personal difficulties at this moment, and I hope that

the Senate and our new leadership understand that here and we

can move forward.

Yvonne, it is nice to see you in the audience, immediate past director of the State park system. I trust that you are here in support of this fine lady. We don’t have national parks in Idaho, Ms.

Mainella, but we have national monuments. In fact, we have more

national monuments today than we had a year ago, and that in

itself produces some problems.

While those monuments are loved and enjoyed, because of a

former President’s decision to expand them without thorough background and research, we are in some conflicts at the moment that

you and I and others will have to resolve. For example, our colleague from Hawaii mentioned internment. We have an internment

site in Idaho that we want to recognize and set apart for the American people and our heritage and culture to understand.

27

Unfortunately, the declaration that produced it did not produce

any resources to allow it to be planned, organized, and therefore

administered. And that is a problem that we are going to have to

deal with once you designate or you recognize and you anticipate

an influx of citizens, it is tragic that you don’t provide for the management of those citizens in reference to the potential damaging of

a resource. That is a problem we are going to have to deal with and

one that I’ll visit with you about in the short term.

Another short-term problem in the expansion of the Craters of

the Moon National Monument, there we have done an interesting

overlay of conflict between the BLM and the Park Service. Park

Service through the monument system manages the rocks, but the

BLM manages the grass, except that the rocks and the grass somewhat intermingle. There is a management plan attempting to be

devised at this moment, and that will be key to some historic uses

that Idahoans anticipate and our Nation anticipates ought to go on,

that are not traditional to the culture of the Park Service, but are

traditional to multiple use management within the BLM, and those

are some conflicts that you and I must resolve, and I think this

committee will work with you to get resolved, because those are

valuable assets and resources, but we shouldn’t create bureaucratic

nightmares that do not serve the public or the resource well. They

have been created, now we will have to resolve them.

John, you are a person who has solved a tremendous amount of

problems in your days in service to the Bureau of Reclamation. We

have a crisis in the West at this moment. It is in the Klamath

Basin of Oregon and California. A marvelous reclamation program

created by our government that provides water for over 1,500 farm

families and an entire area was shut off this year by a court order

in conflict over a fish that I once considered a trash fish. The sucker.

Environmental groups filed suit. The water—courts acted. The

water was cut off and an entire region and economy are collapsing

as we speak. Trees are drying. Agriculture no longer exists there

this year, a community is questioning whether it can survive. That

is an issue that you will have to manage on your watch. Those of

us outside the Klamath Basin in the West in Idaho are fearful that

this kind of disease could creep upstream and that the historic

management of reclamation programs might be totally superseded

by a decision in the courts to give a fish a priority, and shut off

water to thousands of citizens in my State.

Somehow, there has to be a balance. I have watched you help

create those balances over time as it relates to continuing to manage reclamation projects for their original intent, but spreading the

water and sharing it with other uses and other needs. What steps

do you think you could take to avoid future Klamath Basin crises?

Mr. KEYS. Senator Craig, since I have been thinking about this

job for several months, I have tried to find out what happened at

Klamath, why it happened, and how it happened. I have been successful in finding out what happened. But so far, I don’t know why

it happened or how it happened. What I would tell you is that yes,

sir, there has to be a change and people cannot afford nor can we

afford the surprise that happened this spring again. I think it

would be disastrous to us as a people and to my organization or

28

to the Bureau of Reclamation should I be confirmed as Commissioner.

I would promise to go to the people. I would promise to work

with the other agencies, with the States, both of the States involved, and come up with a way that we can use that water more

than once as we have done in Idaho, and the Northwest in the

past.

That is about as specific as I can be right now on what we will

do, but you are absolutely right. It has to be solved under my

watch, and it will be probably the top priority when I get on the

job.

Senator CRAIG. Well thank you very much, John. Mr. Chairman,

I see the red light. Let me just mention in closing, Arrow Rock Reservoir and how we manage some of the changes there in light of

fish versus users, or water for recreation versus users. Ms. Bailey,

the national engineering environmental laboratory is in Idaho. You

will play a key role in the overall management of it. We look forward to working with you in that, and I must say, Ms. Mainella,

I am appreciative of the fact that you will ask for at least a small

hiatus of time before we add any more additions to our park system that we manage what we have well and we serve people adequately who come to those so that we can protect the resources of

them without just the politics of adding more to make it look nice

on some public legislator’s resume. Thank you.

The CHAIRMAN. Senator Thomas.

Senator THOMAS. Thank you, sir. I’ll be very brief because as you

know, there is a vote pending. I congratulate all three of you. I am

glad you are here. I am certainly supportive, certainly great backgrounds for doing this job. Very briefly, Ms. Bailey, what would you

say you are in there to be what, a national policy?

Ms. BAILEY. Yes.

Senator THOMAS. We have no policy from the Department. What

will a national policy be?

Ms. BAILEY. Well, the administration, the task force has put out

the National Energy Policy. Obviously, I have not been there for all

the internal discussions but I hope to play a significant role in

working with the other agencies and working with Congress in

order to put something forward in implementing that policy.

Senator THOMAS. So in your view, there will be a policy, a national policy that comes from the Department?

Ms. BAILEY. Yes, Senator.

Senator THOMPSON. Mr. Keys, again, very briefly, how do you intend to work with the endangered species, with EPA to accomplish

the mission of the—of your agency?

Mr. KEYS. Senator Thomas, I have been successful in the past in

accomplishing reclamation’s goals, missions and so forth, and at

the same time accommodating all of the Federal and State laws,

rules, regulations that we have to operate under. Without a specific, I will tell you that I think we can do that.

Senator THOMAS. Why does the Platte River study go on for

years and years and years?

Mr. KEYS. Senator Thomas, I am not familiar with the Platte

River study.

29

Senator THOMAS. Well, my point is, not you, you have not been

successful all the time in determining what the mission is and then

bringing in these other things which detract from that mission and

resolving them among the agencies.

Mr. KEYS. Senator Thomas, again, I am not familiar with the

Platte situation but certainly I would go to the States. I would go

to the other agencies and find out what the problem is and see if

there is not some way to accommodate it. I just I don’t know the

specifics and I would certainly be willing to work with you on trying to find that out.

Senator THOMAS. My point is, same with energy. We have an Energy Department, but the fact is Interior and EPA have as much

to do with progressing as does the Department of Energy, and the

same is true with your Department. You talk about water missions,

but these other folks have equally as much—which Senator Craig

just talked about, so we need to work, of course, with that.

I am very much interested in the parks, as you know, having

been chairman of that subcommittee. We have a bill that we

passed that has to do with employee training, that has to do with

research, more information on the resources, has to do with concession management and prospectuses, has to do with business plans.

Do you think you will be able to work with us to implement that

law? There has been some movement, but we have not done all the

things that are required in the law.

Ms. MAINELLA. Senator, I look forward to working with you on

that, and I, as you and I talked yesterday, business plans are very

important. National Park and Conservation Association has assisted us I believe in some of that effort and look forward to working further on the business, business plan concept and also we

brought in I believe, National Park Service brought in, some private sector help on our concession, tried to move our concessions

a little bit quicker so that that can move along, and so hopefully

when I see that report, if confirmed, I will be ready to move forward and help you as much as I can to make sure that that Act

is properly completed.

Senator THOMAS. That is good. I know it is not easy to make

movement in a large department. But I think number one, it is the

law, and number two, it has things in there that will make it even

better. We have one final comment. It has to do with access. It is

already been mentioned.

But one of the examples of access and the necessity of access I

think is the winter access to Yellowstone Park and Grand Teton.

And we had the Clinton administration decision administratively

where the Department moved in and made a decision singlehandedly right at the end of a study, and now we have assurance

from the manufacturers that there can be changes in machines.

You can manage them—they have not been managed, and it seems

clear that we can provide that access without doing damage to the

environment if we are willing to make the changes necessary.

What’s your reaction to that?

Ms. MAINELLA. Senator, I guess I go back to the comments earlier. I know that we in the national parks, if I would be confirmed,

would be looking at everything on a case-by-case basis and also as

technology changes by the industry, certainly as we look at it on

30

a case-by-case basis, certainly is going to play in, and I do know

that more specifically again on the Yellowstone and I guess Tetons

also there is a lawsuit situation and we will just have to follow

what comes out from that particular guidance from the lawsuit,

and if there is a settlement.

Senator THOMAS. Yes, well, you don’t have to be guided by the

lawsuit entirely. You can also make some decisions in the Department that have to do with management. You can divide snowmobiles from cross country skiers. You can do some things on size. I

hope we don’t manage our world just on lawsuits. That will be a

guide, of course, and you will be directed to do that. So I appreciate

your consideration. I think it is very important that we have, if we

are going to have these facilities that the owners have access to

enjoy those facilities. Thank you, Mr. Chairman.

The CHAIRMAN. Thank you very much. Let me thank all the

nominees for your testimony. I think you are well aware that the

committee is not fully constituted now and will not be until we

complete the organizing activity here in the Senate. We hope that

happens soon, and once it is completed, we will try to act quickly

on your nominations. Thank you very much. The hearing is concluded.

[Whereupon, at 10:50 a.m., the hearing was adjourned.]

(31)

APPENDIXES

APPENDIX I

Responses to Additional Questions

July 3, 2001.

Hon. JEFF BINGAMAN,

Chairman, Energy and Natural Resources Committee, Dirksen Senate Office Building, Washington, DC.

DEAR MR. CHAIRMAN: I want to thank you and Senator Murkowski for the opportunity to appear before the Committee on Energy and Natural Resources as the Assistant Secretary nominee for International Affairs and Domestic Policy at the U.S.

Department of Energy.

Enclosed for the record are the answers to the post hearing questions submitted

to me in writing by members of the committee.

Please let me know if I can be of any further assistance.

Sincerely,

VICKY BAILEY.

[Enclosure.]

RESPONSES OF VICKY BAILEY TO QUESTIONS FROM SENATOR BINGAMAN

CLIMATE CHANGE

Question 1. Do you agree that climate change policy must play a central role in

any energy policy bill?

Answer. Yes, I would agree that climate change must be an important consideration in any energy policy bill. I believe the Administration is considering several

policy options in this area. If confirmed as the Assistant Secretary for Policy and

International Affairs at the Department of Energy, I would be ready to consider the

options and advice the Secretary accordingly. My consideration of the options would

follow an approach that (i) would be flexible to adjust to new information as we

learn more from science and build on it, (ii) would be consistent with the long-term

goal of stabilizing green house gas concentrations in the atmosphere, and (iii) would

be based on global participation. I believe that we should pursue market based incentives and spur technological innovations.

ELECTRICITY

Question 2. In your prepared statement, you say that ‘‘consumers must be assured

that suppliers will not be able to take undue advantage of developing or dysfunctional markets. Anticompetitive or other forms of improper behavior must be detected and remedied; market rules must be vigorously enforced’’—How might the

FERC’s ability to detect and remedy market abuses be strengthened? Will the Administration’s electricity bill propose anything in this regard?

Answer. FERC already possesses significant authority to detect and remedy market abuses. FERC has authority to conduct investigations, order refunds, set just

and reasonable rates, rescind authority to charge market-based rates, and impose

cost-of-service rates. With regard to transmission, FERC can order wheeling and enforce open access transmission tariffs. This year, FERC has acted aggressively to

mitigate high electricity prices, ordering refunds, and imposing market mitigation

and monitoring. Final decisions have not been made on the elements of the Administration’s electricity bill, but one goal will be to promote effective competition in

wholesale power markets.

32

TRANSMISSION SITING

Question 3. What are your views on federal eminent domain for transmission

siting? Do you support the development and use of regional authorities to site new

transmission lines, either as an alternative to, or a necessary first step before, the

use of federal domain authority?

Answer. The Administration believes it is important to expand the strained transmission systems and remove bottlenecks. One reason the transmission system is

constrained is the siting process. Currently, States site transmission facilities, even

though the transmission grid is North American in scope. Many State laws require

that the benefits of a transmission project accrue predominantly to the State providing the siting authorization. However, the benefits of grid expansion are often more

diffused and are more regional in nature. Federal siting is currently available to

other interstate energy projects, such as natural gas pipelines, oil pipelines, and hydropower projects. Legislation providing for Federal transmission siting need not

preempt State siting, but could allow for Federal siting of facilities used for transmission of electric energy in interstate commerce in certain circumstances The concept of regional siting authorities is an interesting one that might be successful in

tackling the problem if States were willing to voluntarily cede their authority to

these regional bodies.

June 28, 2001.

Hon. JEFF BINGAMAN,

Chairman, Committee on Energy and Natural Resources, U.S. Senate, Washington,

DC.

DEAR MR. CHAIRMAN: Enclosed you will find my responses to the written questions following my confirmation hearing before the Energy and Natural Resources

Committee on Wednesday, June 27, 2001.

If I can be of further assistance, please let me know.

Sincerely,

JOHN W. KEYS III,

Commissioner, Bureau of Reclamation, Designate.

[Enclosures.]

RESPONSES OF JOHN KEYS TO QUESTIONS FROM SENATOR BINGAMAN

ENDANGERED SPECIES

Question 1. In your role as Regional Director for the Pacific Northwest, you were

heavily involved in issues relating to the Endangered Species Act and water resources. As Commissioner, will you commit to working with the Fish and Wildlife Service

and the National Marine Fisheries Service so as to effectuate the goals and requirements of that Act?

Answer. Yes, the Bureau of Reclamation will work cooperatively and collaboratively with the Fish and Wildlife Service, the National Marine Fisheries Service,

Bureau of Reclamation contract holders, the States, other water users, other stake

holder organizations, and other interest groups to effectuate the goals and requirements of the Endangered Species Act and to meet other obligations of the involved

projects contracted water deliveries, power generation, minimum stream flows, etc.

WATERSHED RESTORATION

Question 2. I understand that you have had substantial involvement in several

initiatives pertaining to watershed restoration. Please describe your experience in

this area. As Commissioner, would you expect to pursue these types of watershed

efforts throughout the West?

Answer. The mission of the Bureau of Reclamation is to manage, develop, and

protect water and related resources in an environmentally and economically sound

manner in the interest of the American public. At the heart of Reclamation’s program is the daily operation of Reclamation’s projects to provide irrigation and municipal and industrial water supplies, hydroelectric power, flood control and recreation and fish and wildlife benefits. Watersheds provide a geographic context for

local communities to address economic and environmental goals. Reclamation is

uniquely positioned and skilled to address water resource issues and multiple water

needs of the West.

Previously as Regional Director, I worked extensively with local watershed groups

to address water related issues within the Pacific Northwest. Some of these restoraVerDate 11-SEP-98 08:56 Nov 29, 2001 Jkt 000000 PO 00000 Frm 00035 Fmt 6601 Sfmt 6621 J:\DOCS\76-085 SENERGY3 PsN: SENERGY3
33

tion and improvement efforts were associated with traditional Reclamation projects

and others were focused on threatened watersheds outside of those project areas.

Examples of those efforts associated with Reclamation projects are Cascade Reservoir (Idaho) watershed and water quality improvement, Henry’s Fork (Idaho) river

and watershed protection improvement, Umatilla River Basin Project (Oregon), and

the Yakima River Basin Water Enhancement Project (Washington). Examples of

those efforts that focused on threatened watersheds outside of Reclamation project

areas are Lemhi River Basin watershed improvement program (Idaho), Deschutes

Resources Conservancy (Oregon), and Grande Ronde River watershed improvement

program (Oregon). Work in these areas focused on replacement and consolidation of

diversion structures, provisions for fish passage, acquisition and provision of water

for instream flows to assist in protecting fish and wildlife resources, water conservation, water quality improvement, etc. I understand that all of these programs and

projects are still in operation and have all been successful.

Yes, as Commissioner, I will pursue these types of watershed efforts throughout

the West. Reclamation’s technical expertise and partnering capabilities can help facilitate local communities to find integrated solutions to complex water resources

issues, and I will seek innovative ways to encourage these cooperative efforts.

MIDDLE RIO GRANDE

Question 3. What do you believe is the solution to the difficult set of issues that

are presented in the Middle Rio Grande? How do you propose to approach these

issues?

Answer. Reclamation believes that the best opportunity for a long-term solution

to these complex issues is through continuation of the Collaborative Program. This

program, which began in January 2000, has brought together the stakeholders of

the basin and is actively working toward creating an enduring process that will lead

to effective solutions. The Collaborative Program will likely require Congressional

legislation to provide the necessary authority and funding so that solutions can be

implemented.

Reclamation will continue to support the Collaborative Program and work with

the many other stakeholders to create workable solutions that can be implemented

with broad support and remain sustainable so that the existing communities and

their economies can continue to enjoy the benefits of the Rio Grande, while protecting the Silvery Minnow and the Southwest Willow Flycatcher.

WORKFORCE DIVERSITY

Question 4. As the head of the Bureau of Reclamation, what steps do you plan

to take to promote diversity in the work force?

Answer. I am advised that the Bureau of Reclamation is presently engaged in

many diversity efforts. If confirmed as the Commissioner of Reclamation, I will commit myself to working toward a diverse and representative work force.

TITLE XVI

Question 5. What are your views of the Title XVI water reclamation and reuse

program? Do you believe that additional projects should be undertaken? What do

you think is the role of wastewater recycling and reuse in western water policy?

Answer. Water reclamation and reuse, or recycling, is an important tool for water

conservation and an effective and efficient means to increase water supply availability and reliability for local water users, particularly in the Western United States.

This new water can help reduce the use of imported water, and offer concurrent

benefits such as environmental and drought protection. The potential exists to use

this technique Westwide to increase the available water supply.

I understand there are currently about 25 projects authorized for construction

through the Title XVI Water Reclamation and Reuse program, which enjoys strong

state and local support. Reclamation has been providing funding for 17 of these

projects, and has also provided funding for a number of additional feasibility studies

for other projects not yet authorized for construction. Given the existing demand for

funding for the currently authorized projects, and Reclamation’s limited budget for

this program, the authorization of additional projects would be a challenge to its resources. However, water reclamation and reuse will most likely play an expanding

role in western water resources management, and Reclamation should try to support these types of projects to the best of its ability.

34

SCIENCE PROGRAMS

Question 6. What is the status of the research and science programs at the Bureau of Reclamation? What will be the focus of these programs during your tenure?

Answer. Reclamation is confronting water management challenges of the 21st

Century by employing new knowledge and new technologies gained through research. Reclamation’s project activities and responsibilities rely on the application

of science and research to produce strong, supportable water management decisions

and flexible solutions for an aging infrastructure.

The Science and Technology (S&T) Program is instrumental in developing tools,

technology, and skills that will assist Reclamation in future activities. The Snake

River Decision Support Systems and Riverware are two examples of watershed and

river system management tools developed through the S&T Program. These elements are now used as the tools and cutting edge technologies in completing complex impact analysis and decision making in Reclamation.

Additional areas of attention include research in hydroelectric infrastructure protection and enhancement, advanced water treatment, desalination, and water purification.

PLATTE RIVER

Question 7. What is the status of work on the Platte River Program? Please provide an update and time line for future action.

Answer. It is my understanding that on July 1, 1997 the states of Wyoming, Nebraska, and Colorado, and the Department of the Interior entered into a ‘‘Cooperative Agreement for Platte River Research and Other efforts Relating to Endangered

Species Habitats Along the Central Platte River, Nebraska.’’ In the past three years,

the partners in the Cooperative Agreement have put together a general Water Action Plan to provide the remaining water and a proposed process for acquiring and

managing the land. I have been informed that in December of 2000 the Governors

of the three States and the Secretary agreed to a three-year extension of the Cooperative Agreement, to June 30, 2003, as well as the following milestones:

• Governance Committee determines proposed program—September 2001

• Publication of the Draft Environmental Impact Statement—January 2002

• Publication of the Final Environmental Impact Statement and Record of Decision—December 2002

• Phase 1 program implementation to achieve the first increment of river and

habitat improvement—2003-16

PRIORITIES

Question 8. What will be your three highest priorities as Commissioner?

Answer. (1) As Commissioner, I believe it is fundamental that Reclamation operate and maintain its projects in a safe and reliable manner that protects the health

and safety of the public and its employees. I would place great emphasis on operating and maintaining projects to ensure continued delivery of water and power benefits to the public consistent with environmental and other requirements, and to

honor state water rights, interstate compacts, and contracts with Reclamation’s

users. As the single largest provider of water in the West and second largest hydropower utility in the Nation, many communities depend on Reclamation and I take

this responsibility seriously.

(2) As the West continues to grow rapidly, the competition for scarce water resources is great and will continue to grow. Reclamation has an important role to

play. In the near term, Reclamation should be responsive to drought issues that

arise due to weather conditions and work in partnership with states, tribes, water

users, and others to seek creative solutions to meeting immediate water needs and

exercise Reclamation authorities for emergency drought response if necessary. In

the longer term, I am committed to Reclamation playing an appropriate, but important, role in meeting future water supply needs in partnership with these interests.

These solutions include improving operational efficiency, assisting with water conservation measures and water recycling, assist in contingency planning for drought,

and in selected cases increasing water supply.

(3) The Bureau of Reclamation has experienced a great loss in technical capability

in the last decade. In order for Reclamation to address the complex water management issues in the West, it needs to nurture its people and work to form the best

team to address Western water issues. I will seek to bring new energy into Reclamation by recruiting young people who have the scientific, engineering, and organizational expertise to help Reclamation enhance its effectiveness in meeting the contemporary challenges in the West.

35

RESPONSES OF JOHN KEYS TO QUESTIONS FROM SENATOR DOMENICI

Question. Several New Mexico communities have rights to San Juan Chama

water. However, many of these communities have not yet developed these rights.

Working with the Bureau of Reclamation, would you help ensure that communities are allowed to develop these very important water rights?

Answer. Yes.

Question. The Bureau of Reclamation’s mission is to provide water for irrigation

and some municipal and industrial uses. With the current water situation in New

Mexico the activities of the Bureau of Reclamation remain critically important.

Would you continue to promote traditional irrigation and municipal and industrial

uses, while encouraging the Bureau of Reclamation to work in cooperation with

other affected agencies and users?

Answer. Yes.

Question. This past July, Interior Solicitor Leshy issued an opinion which allowed

the Bureau of Reclamation to take over irrigation works from two irrigation districts

in New Mexico. The Bureau of Reclamation later agreed not to take over the works

of one of the districts, but such assurances were not given for the other district.

Would you work to find other solutions to these issues, in compliance with state

water law, that do not involve a government takeover of irrigation works?

Answer. As Commissioner I would work to find solutions that will maintain the

integrity of the Reclamation projects so that the water users can continue to receive

the benefits they provide. Central to these successful solutions will be the need to

assure compliance with appropriate state and federal law. It is the desire of Reclamation to continue to have the districts operate the projects. I believe that the

best solutions are likely found in the collaborative stakeholder processes which can

lead to sustainable project operation and compliance with the law.

Question. You are aware that few issues are as contentious or complex as those

surrounding water in the West. New Mexico, in particular, is a very arid state suffering from increased demands on limited water supplies. The past year brought

even greater challenges to New Mexico’s water situation due to endangered species

issues on our two main rivers. Western states in general continue to strive toward

the goal of assuring water availability for human consumption while remaining in

compliance with state water law, compact requirements and the Endangered Species

Act.

Will you work to help achieve long term solutions to problems arising from limited

water supplies, while protecting states rights, interstate and international compact

obligations and the preservation of endangered species?

Answer. Yes.

Question. In helping to create and advance solutions to western water issues, will

you strive to be aware of the sensitivity of all users and work to ensure fairness

to all parties who may be affected by agency decisions?

Answer. Yes.

Question. Communities must be allowed to continue development for human use

and provisions must be made to allow for future development and growth. Are you

willing to support water policies and programs that will allow for this type of

growth and development?

Answer. Yes.

RESPONSES OF JOHN KEYS TO QUESTIONS FROM SENATOR CAMPBELL

Question. Can the both of you commit to work together with the other water

users, power interests, and the water rights to finish the Black Canyon water right

quantification?

Answer. Yes, Bureau of Reclamation people and I will work closely with the National Park Service Director and her people to finalize the Gunnison River quantification of water for the Black Canyon of the Gunnison National Park.

Question. Can the both of you commit to resolving this within the next two years?

Answer. There are many actions, factors and parties that may affect the schedule

for resolving this issue. Bureau of Reclamation people and I will cooperate fully with

the National Park Service Director and her people to expedite the issue’s resolution.

Question. My next question is in regards to information sharing. Could you provide me and the State of Colorado your justification for quantifying this right you

have filed and can you commit to me to provide the proper and appropriate information to me and all of the interested parties?

Answer. This question is most appropriately answered by Director of the National

Park Service—Designate Mainella. I refer you to her answer to this question.

Question. Secretary Norton has made local participation mandatory on decision

making at the Department of Interior. So, can you commit to seeing that all affected

36

water users are allowed to participate in all technical meetings to resolve this issue

instead of mandating from Washington?

Answer. This question is most appropriately answered by Director of the National

Park Service—Designate Mainella. I refer you to her answer to this question.

Question. Can you commit to ensuring that any water right the National Park

Service pursues is consistent with the McCarran Amendment, state water laws,

interstate compacts and state court cases that make up our water laws?

Answer. This question is most appropriately answered by Director of the National

Park Service—Designate Mainella. I refer you to her answer to this question.

Question. Given the nationwide power crunch, are you willing to subordinate their

water right to the Aspinall Unit so as not to disrupt power production?

Answer. This question is most appropriately answered by Director of the National

Park Service—Designate Mainella. I refer you to her answer to this question.

Question. In the documents that the Park Service filed, how did it quantify the

impact on power production?

Answer. This question is most appropriately answered by Director of the National

Park Service—Designate Mainella. I refer you to her answer to this question.

Question. Has the Park Service complied with the Bush Administration’s May 18

Executive Order that requires it to consider power impacts before taking action?

Please describe how the Service intends to comply with this order.

Answer. This question is most appropriately answered by Director of the National

Park Service—Designate Mainella. I refer you to her answer to this question.

Question. The Park Service has stated that it intends to negotiate Black Canyon

water rights settlements with affected parties. Given that over 300 parties have intervened in the Colorado court case, what process does the Service plan to use to

pursue those negotiations?

Answer. This question is most appropriately answered by Director of the National

Park Service—Designate Mainella. I refer you to her answer to this question.

Question. Are you aware that the Western Area Power Administration (WAPA)

has serious concerns about the impact of those flows on hydropower generation at

the Colorado River Storage Project and that WAPA says it did not have sufficient

time to analyze the recommendations before they were filed?

Answer. This question is most appropriately answered by Director of the National

Park Service—Designate Mainella. I refer you to her answer to this question.

RESPONSES OF JOHN KEYS TO QUESTIONS FROM SENATOR BURNS

Question. Irrigators have repaid the Federal investment on some of our state’s

older Reclamation projects and local irrigation districts have successfully managed

the Federal properties, some for over 50 years. In these cases, the Bureau has encouraged the transfer of title to the districts, but there are conditions that do not

make the transfer feasible for them. (For instance, the Bureau’s conditions for

Lower Yellowstone Reclamation Projects call for removal of the community pumping

units from the Pick-Sloan power system). What will your position be on title transfers?

Answer. Transferring title to projects and facilities makes sense and should be

continued as it is an opportunity to move facilities from Federal ownership to more

appropriate local control into the hands of those who know them, benefit from them,

and in most cases have operated them for years. At times, the system in place for

title transfer is cumbersome and takes a long time to accomplish. I will certainly

work with any constituent that is interested in title transfer and do all that I c.qn

to minimize the time required to accomplish those transfers.

Question. Economic development is a requirement in our state for our communities to survive. The Bureau of Reclamation has provided a great service in developing water resources in the past like irrigation and hydropower. But there is a lot

more that can be done such as additional irrigation projects, assistance in conservation measures to extend the resource, rural domestic water systems, and modifications to existing facilities to meet today’s safety and environmental standards. There

is a backlog of projects that have been authorized and need funding. Will you work

with me to find a way to make sure the BOR is able to reach these goals?

Answer. Yes, I would be glad to look into this issue and work with you.

Question. The Bureau’s Pick-Sloan Missouri River Program is a great system with

the purpose of fostering economic development by developing the river’s water resource. I understand that rural and municipal water systems, and new irrigation

concepts employing the use of the system’s hydropower resource is possible under

this program. I also understand that a great deal can be done with minimal impact

on the basin’s power rates. Will you be receptive to promoting the intended use of

the Pick-Sloan program?

37

Answer. I agree that the Pick-Sloan Missouri Basin program has been a tremendous economic stimulus to the states in the Missouri River Basin. I am also aware

that only a small part of the development envisioned under that program has been

realized. I am receptive to working with Congress, the Missouri River Basin states,

and others to explore avenues for making the intended benefits of the Pick-Sloan

program available to areas in need of assistance.

June 28, 2001.

Hon. JEFF BINGAMAN,

Chairman, Committee on Energy and Natural Resources, U.S. Senate, Washington,

DC.

DEAR MR. CHAIRMAN: Enclosed you will find my responses to the written questions following my confirmation hearing before the Energy and Natural Resources

Committee on Wednesday, June 27, 2001.

If I can be of further assistance, please let me know.

Sincerely,

FRANCES P. MAINELLA,

Director, National Park Service, Designate.

[Enclosures.]

RESPONSES OF FRANCES MAINELLA TO QUESTIONS FROM SENATOR BINGAMAN

Question. The National Park Service Organic Act of 1916 provides that the purpose of national parks is to ‘‘conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such

manner and by such means as will leave them unimpaired for the enjoyment of future generations.’’ One of the major management challenges for the Park Service

has been how to properly balance the two legislative mandates of conservation and

recreation.

The current Park Service management policies interpret the Organic Act to mean

that ‘‘when there is a conflict between conserving park resources and values and

providing for enjoyment of them, conservation is to be predominant.’’

Do you agree with this policy, that the conservation of park resources and values

is the primary mission of the National Park Service?

Answer. It seems reasonable that the Park Service would not allow activities that

would deprive future generations of the ability to enjoy park resources or values.

I am advised that the courts have consistently interpreted the Organic Act this way.

Therefore, I would agree that the resource is always the primary focus.

Question. The Park Service has published a rule eliminating personal watercraft

(commonly referred to as ‘‘Jet Skis’’) in many parks. Do you support this proposal?

In your opinion, under what circumstances, if any, is motorized recreation appropriate in national park areas? Is this an issue of finding and implementing appropriate new technologies or are there simply some uses that are incompatible with

national parks?

Answer. I understand that the rule identifies 21 areas where some Personal

Water Craft (PWC) use may be permitted to continue through a special rule. I am

also advised that evaluations are underway at several of these areas to determine

whether to propose a special regulation to allow PWC use to continue. These determinations are appropriately made on a case-by-case basis. I will look forward to reviewing any proposal that results from this process. Motorized recreation should be

evaluated on a case-by-case consistent with park purposes, the protection of resources, and the quality of visitors experience.

Question. Under the recreation fee demonstration Program, the National Park

Service is given very broad authority to charge whatever visitor fees it deems appropriate. The revenues from these fees has helped to address critical funding needs

throughout the National Park System. However, as a result of this, fees have significantly increased at most parks, in many cases doubling. Are you concerned that

as a result of the push to generate increase revenues, larger segments of our population will be excluded from using our national parks?

Answer. Charging fees is appropriate and the revenues are needed. However, I

certainly do not want to see fees exclude segments of population from parks. At this

point, I am advised that the NPS fee programs do not appear to be having such

an effect. I will watch the impact of these fees closely to assure that this does not

happen. I understand the NPS has retained McKinsey and Company, an outside

consultant, to review the fee program, with the objective to optimize revenues, keep

fees from being confusing to public, and to assure that monitoring occurs to track

38

critical information, including whether the program excludes segments of the population. I look forward to learning more about this study and want to work closely

with Congress on the fee issue.

Question. New authority was provided by Congress last year to the land management agencies to use youth conservation corps to complete post fire rehabilitation

and erosion control work as well as urban/wildland interface hazardous fuel reduction work. From the information we have received from the department to date, it

appears that the Park Service and other land management agencies have focused

almost solely on hiring new federal employees rather than developing new, or expanding existing, cooperative agreements with youth corps to complete some of the

work.

What do you believe should be the appropriate balance between hiring new federal employees and using partnerships with State, local, tribal, or non-profit youth

corps to conduct this type of work?

Answer. I understand that there is a greatly expanded wildland fire program, particularly to deal with reduction of hazardous fuels near communities at risk. The

program is built on a partnership between the Federal land management agencies,

the states, and communities at risk. NPS has been successful with partnerships and

I support making use of contracts and cooperative partnerships with youth groups

and others to the greatest extent possible consistent with safety and getting the job

done.

Question. Over the past few years, the National Park Service has been using a

portion of its Recreation Fee Demonstration Program funds to engage youth in conducting service projects in the parks through partnerships with non-profit and conservation corps pursuant to the authority of the Public Land Corps Act of 1993. In

FY2001 alone, the Park Service used nearly $12 million in fee revenue and partner

matching funds to carry out 360 maintenance and restoration projects in 148 parks

with 46 youth corps.

Given that reducing the backlog of maintenance in the parks is a top priority of

the current administration, and since funding the Public Land Corps with a portion

of Recreation Demonstration Program funds is at the discretion of the Director, will

you commit to continue funding for the Public Land Corps?

Answer. I understand the Public Land Corps is an exciting new addition to youth

programs of the NPS. I support making use of this program and similar ones such

as the Youth Conservation Corps, the Student Conservation Association, and others

at every opportunity. These programs engage the interest and energy and develop

the skills of our nation’s youth in the conservation of our nation’s treasures, develop

their work skills and ethic, and contribute enormously to accomplishing critical

work in the national parks.

RESPONSES OF FRANCES MAINELLA TO QUESTIONS FROM SENATOR DOMENICI

Question. This past year was one of the worst fire seasons in over 50 years. In

NM alone, there were over 1,000 fires consuming over 400,000 acres of land. With

the arid conditions in much of the west, fires will continue to pose a threat. Congress was successful this past year in securing funding for Interior to help with efforts that will, among other things, thin forest growth, increase fire fighting capabilities and identify communities who are particularly at risk from fires. The legislation specifically states that local businesses be given priority for contracts and other

ventures that will be needed to carry out the intended efforts.

Are you willing to do what you can to protect western communities from fire

threats?

Answer. Yes. I have been informed that the National Park Service (NPS) is actively engaged in implementing the National Fire Plan. Fuels treatment projects

that are associated with the wildland urban interface are a high priority and many

projects are currently being implemented. In addition, planning has begun for

projects that will be implemented in future years.

Communities are participating in Firewise workshops throughout the West. I understand the National Park Service is sponsoring many of the workshops, or is participating with other agencies in conducting these workshops.

I also have been told that the National Park Service is aggressively hiring firefighting personnel for this upcoming wildfire season and that Secretary Norton and

the Oak Ridge Boys prepared a series of public service announcements to recruit

wildland firefighters. The National Park Service hired a consulting firm to aid in

their recruitment efforts for firefighters.

If confirmed, I intend to affirm the direction that the Acting Director of the National Park Service issued on June 18, 2001 asking regional directors and park suVerDate 11-SEP-98 08:56 Nov 29, 2001 Jkt 000000 PO 00000 Frm 00041 Fmt 6601 Sfmt 6621 J:\DOCS\76-085 SENERGY3 PsN: SENERGY3
39

perintendents to ensure that NPS employees and equipment are ready for another

potentially difficult fire season.

Question. Are you willing to help ensure that National Fire Plan funds are used

rationally and that local businesses within these communities are given these priorities?

Answer. I understand that many geographic areas are conducting collaborative

meetings to prioritize wildland/urban interface projects and where we have park

units we are participating. Many of these projects are using local labor sources to

implement the projects. The National Park Service is also exploring and utilizing

contracting capabilities for all phases of the project from planning to actual implementation. I agree with this approach to utilize the capabilities of the local businesses and if confirmed, I will continue these endeavors.

I support the assistance the National Park Service is able to provide through the

Rural Fire Assistance program. I understand that this program can provide money

for training and equipment so that rural fire departments can assist in the wildland

firefighting efforts, where appropriate.

Question. One of the worst fires last year was the Cerro Grande fire near Los Alamos, New Mexico. This fire began as a controlled burn by the National Park Service.

Unfortunately, the fire raged out of control and burned over 400 homes and businesses in the area. Many reports and studies conducted as a result of this fire, concluded that many of the park service policies were flawed.

Will you work to ensure that the Park Service has adequate, well-defined policies

so that disasters such as the Cerro Grande fire can be avoided in the future?

Answer. I have been informed that the Acting Director for the National Park

Service (NPS), on May 30, 2001, gave authorization to parks to implement new prescribed fire guidelines.

Additionally, a number of workshops for NPS employees have been held to communicate the changes in prescribed burn policies, plans, required analyses and practices.

In recent years, fire has been a concern in Florida as well. If confirmed as Director, it will remain a personal priority of mine.

Question. National Park Service spending needs to be brought under control. We

need better accounting (the Denver Service Center has been notorious for cost overruns, outrageous costs in construction, etc.).

Are you willing to do what is necessary to help control spending?

Answer. Yes. With respect to the construction program, I am committed to the

continued implementation of changes such as those that were recommended in 1998

by the National Academy of Public Administration (NAPA), following its independent review of the agency’s construction program.

Question. Local impact of fee structure at parks is also problematic. Currently

Carlsbad, NM has reported that the high costs at Carlsbad Caverns is driving off

tourism.

Will you study these local impacts and work to ensure that fee structures are rational and designed to benefit the park and the overall community?

Answer. I am unfamiliar with the situation at Carlsbad Cavern, but will certainly

look into it. I support a rational fee program that is not confusing to the public, optimizes revenue without excluding segments of the population, and does not have an

undue impact on adjacent communities.

RESPONSES OF FRANCES MAINELLA TO QUESTIONS FROM SENATOR AKAKA

Question. Over the last ten years I have been an advocate for increased recognition of diversity within the national park system. The previous Administration made

a major commitment to reach out to diverse communities around the country so that

our parks, and those who serve as stewards of these places, are truly reflective of

our nation.

I have initiated studies for Park Service units that tell the story of JapaneseAmerican internment camps, historic and cultural trails and parks in Hawaii, as

well as the story of West Coast immigration, and a bill on the Peopling of America.

I believe that the interpretation of how America has become a diverse nation is important to us all.

Do you see this as an important issue with regard to long-term preservation for

our national parks? If so, would you make this a priority under your leadership?

Answer. Diversity in our parks is an important issue and I believe it is crucial

given the high regard in which the American people hold our national parks. The

broad sweep of America’s panoramic history is a remarkable story. I firmly believe

that national parks should tell the complete story about America. If confirmed, I

will make this a priority.

40

Question. How do you think the Park Service can foster a greater appreciation of

our national parks to a wider constituency and broaden the identification and interpretation of new parks that tell the story of all our peoples?

Answer. Americans care deeply about their national parks. We need to continue

to reach out to ensure that the National Park System represents the diversity of

our American culture.

Question. During both Republican and Democratic Administrations, Congress authorized new parks to conserve our natural and cultural heritage. In the 106th Congress, four new units were created and several park expansions authorized, including Great Sand Dunes National Park in Colorado and Hawaii Volcanoes National

Park. What is your view of the need to continue adding nationally significant resources to our national park system? Do you intend to place a limit on recommending new units?

Answer. The National Park System has been growing and evolving from the time

the first national park was established at Yellowstone in 1872, and it will continue

to do so for as long as long as our Nation exists. However, at this particular moment, we have a serious backlog of maintenance needs at existing park units, and

the President has rightly focused attention on addressing those needs rather than

on expanding the system. The Administration’s policy of asking Congress to defer

action on the designation of new units is in effect for this session of Congress.

Question. An important issue facing the national parks is what types of access

and amounts of access should be provided for motorized vehicles, including SUVs,

and snowmobiles, of course, but also regarding personal watercraft. And as you

know, the air tour Management Act now requires the Park Service and the FAA

to undertake planning for flights over national parks.

What are your views regarding motorized access to national parks?

What about snowmobiles? Do you support the existing rule to phaseout snowmobiles in Yellowstone and Grand Teton National Parks?

Answer. I support the use and enjoyment of national parks consistent with maintaining the conservation values for which the units were created. Motorized recreational access must be evaluated on a case-by-case basis.

I look forward to learning about snowmobile use and its impacts in national parks

and expect to focus quickly on the use of snowmobiles at Yellowstone and Grand

Teton National Parks.

Question. The National Parks Air Tour Management Act was passed last April to

help protect national parks from the noise and disruption that can be caused by

commercial air tours. The National Park Service will cooperate with the Federal

Aviation Administration to develop air tour management plans in parks where air

tours occur.

Right now, the program charged with developing air tour management plans is

scheduled to receive the same level of funding in FY 2002 as it did in FY 2001, yet

the office will have much greater responsibilities. I am concerned whether the Park

Service has the resources needed to manage park visitorship whether on the ground

or in the air above the parks.

What are your thoughts on providing additional resources to this office and on the

priority for managing air tours over parks that need it?

Answer. I recognize the need for air tour management plans for a number of national parks. If confirmed, I will look into the program and whether the level of

funding is sufficient to move forward with these plans.

Question. I believe that eliminating the backlog of maintenance is important, but

I also believe we must not jeopardize funding for the everyday management and interpretive needs of national parks. While visitorship is growing, funding to provide

a quality visitor experience is shrinking.

It has become clear that we cannot rely solely on appropriated monies for the dayto-day needs of the Park Service. We need to discuss a variety of different ways to

assist the parks to raise monies.

The National Parks Stewardship bill includes a provision to explore a mechanism

called NAFIs or Non-Appropriated Fund Instrumentalities. In the past the idea of

parks bonds has been considered. Also, the Recreational Fee Demonstration Program has been authorized as a pilot.

I believe we need to assess the successes and weaknesses of this program and to

build on them where necessary, and I am interested in your views on this pilot program.

Question. What are your views and priorities for identifying mechanisms, including recreational and other fees, for augmenting funds for national parks? In addition

to increased appropriations, would you look favorably on such options as increased

user fees or other financial innovations? How do you propose to ensure that the

41

Park Service has an adequate financial base to meet the basic infrastructure demands and provide quality visitor facilities and interpretation?

Answer. I believe the Recreation Fee Demonstration Program has been very beneficial for the National Park System, allowing parks to accomplish a range of activities to improve parks and enhance the experience for visitors that otherwise would

not have occurred. I look forward to working with the committee on the future of

the fee program to consider other means of generating funding that will help further

the NPS mission. Another relatively new development that I believe will help parks

with the funding they need is the development of business plans, which NPS is piloting at some of the parks.

Question. Pu’uhonua o Honaunau as you know, the parks in Hawaii and the Pacific are very important to me. I have introduced a bill to authorize an expansion

of Pu’uhonua o Honaunau National Historical Park, a premier cultural historical

park on the Kona coast of Hawaii. The park has the opportunity to acquire a parcel

of land containing significant archaeological and historical resources from a willing

seller and with widespread support of the community.

Would you be willing to share your views on expansions of existing parks?

Answer. I believe the expansion should proceed, where appropriate, to ensure the

protection of important natural and cultural resources. The Administration’s policy

with respect to park expansions is that it will consider such proposals on a caseby-case basis, with a critical eye toward the budgetary impacts of any addition. The

Administration’s priority is to address the deferred maintenance backlog at existing

units, and for that reason it is taking a cautionary approach to supporting proposals

that would expand the responsibilities and financial obligations of the National Park

System at this time.

Question. As you may know, the highest funded priority on the National Park

Service’s Land and Water Conservation Fund acquisition for FY 2002 is for Kahuku

Ranch, adjacent to Hawaii Volcanoes National Park. I am pleased with this

prioritization, and I hope I can count on your support to see this purchase completed.

Answer. I understand that the President’s proposed budget for fiscal year 2002

included $4 million for acquisition of 18,600 acres of the Kahuku Ranch. If these

funds are ultimately included in the final appropriations bill for the Department of

the Interior, acquisition of this important property could move forward, affording

protection to its diverse ecosystems.

Question. I am concerned about cultural interpretation—the ability of the NPS to

use histories, ethnographies, and the knowledge of elders who are living in or near

parks to assist in the interpretive materials for the Park Service. There is a great

deal of knowledge that can be helpful in interpreting the historical, archaeological,

and ethnographic records of parks areas. I believe the Park Service can be a bridge

to people who can be resources for the park.

I would like to know your thoughts on the value of local knowledge and also on

the Park Service’s ethnography program in support of cultural interpretation.

Answer. Our national parks as well as public lands managed by other Federal

agencies and by State and local governments must not be thought of as isolated preserves cut off from the communities surrounding them. I believe that local knowledge is invaluable to the cultural interpretation of these places. If confirmed, I look

forward to incorporating historical knowledge where such local knowledge is not

part of the existing interpretive programs.

RESPONSES OF FRANCES MAINELLA TO QUESTIONS FROM SENATOR GRAHAM

Question. What are some ways to address the current operations and maintenance

backlog in our national parks?

Answer. The President has made a commitment to spend $4.9 billion over the

next five years to eliminate the deferred maintenance backlog in our national

parks—$2.2 billion for facilities at parks, and $2.7 billion related to transportation

needs. With Congress’ support for this initiative, we will make significant progress

toward addressing maintenance needs in the parks. As we make these investments,

it will also be necessary to invest in routine maintenance to avoid the need for

major rehabilitation costs in the future.

Question. How would you apply your positive experience with public-private partnerships to the National Park Service?

Answer. Successful partnerships have been critical to the positive experiences I’ve

had in Florida. These same concepts should benefit the National Parks. A partnership must be a win-win for all involved. The public-private partnerships that have

worked well include volunteers, friends groups, concessions, Partnership-in-Parks

and many others. Volunteers help with projects and reduce our operation cost or

42

allow us to do a project that we could never afford. The friends groups being nonprofit organizations seek grants that benefit the park. I’ve worked effectively with

concessions for all my 12 years at Florida State Parks. Recently we awarded the

building and operating of 143 new cabins to the private sector. The most unique is

the partnership-in-parks where through our friends groups they raise $60,000 or

more then the state matches with $40,000 (60-40 match). The project must be in

the management plan for the park. I would hope some of these concepts could apply

to the National Parks.

Question. Some park resources require more specialized care than others. One example is the lighthouse at Biscayne National Park in south Florida. The Vanishing

Treasures Program is one way to insure that these unique resources remain for the

public. What are your suggestions for protecting these resources?

Answer. I have been informed that the Boca Chita Lighthouse at Biscayne National Park has been closed to the public for several months while undergoing restoration and repair. The upgrades to handrails and other components are nearly

complete and the National Park Service is now working with engineers to determine

if it is structurally stable enough to be reopened to the public. This is an example

of the backlog maintenance needs in the National Park Service that the President

is committed to resolving. If confirmed, I would support the President’s effort to

make the maintenance backlog a priority. This would help the NPS to preserve historic structures and improve visitor facilities.

While the Vanishing Treasures initiative is focused on prehistoric and historic

ruins in the American Southwest, there are other programs that can assist with the

preservation of historic resources throughout our Nation. One example is the Save

America’s Treasures program, which is proposed in the FY 2002 budget. Upon confirmation, I will try to maximize the historic preservation efforts in the National

Park Service. In addition, we should continue to work to identify non-Federal resources for these purposes.

Question. The National Park Service is most commonly associated with its famous

parks. However, the park service has an important responsibility to protect and preserve some of our nation’s most historic places and artifacts. However, for a variety

of reasons, this preservation is not being carried out as it should be. As an historic

preservationist, do you have any ideas for improving the way the park service carries out this duty?

Answer. The NPS has developed the Natural Resource Challenge. This comprehensive strategy may provide us with better scientific data that will enhance cultural preservation efforts. Also, NPS has a Vanishing Treasures Program. I would

hope, as we did in Florida, a cultural initiative can be address in NPS. In Florida,

we established a training program and a legislative budget request for our historic

sites to better fund and care for these important areas. I will be interested, if confirmed, in exploring similar efforts in the national parks and better understanding

what is already underway. As you know, I just received the Senator Bob Williams

award for making a difference in historic preservation in the state of Florida.

Question. As you know, this years marks the first year of an historic project to

restore the Everglades. Everglades National Park is the principle beneficiary of this

project. If you are confirmed as Director of the National Park Service, what steps

will you take to ensure that this restoration effort is effectively coordinated among

the Department of the Interior, Army Corps, and the State of Florida?

Answer. The Everglades restoration project is a model of an effective cooperative

partnership. I understand that representatives of all the agencies involved in the

effort meet frequently. In addition, I understand that Park Service officials from the

Everglades, the Southeast Regional Office in Atlanta, and the Washington office

have met with Interior Secretary Norton’s staff to bring them up to date on the

progress thus far. One of the continuing challenges is to make sure that agency

roles are clearly defined and that water is allocated equitably to meet the park’s

needs as well as those of the South Florida Water Management District. If confirmed, I will ensure that the NPS will continue to actively participate in the coordination process.

RESPONSES OF FRANCES MAINELLA TO QUESTIONS FROM SENATOR CAMPBELL

Question. Can the both of you commit to work together with the other water

users, power interests, and the water rights to finish the Black Canyon water right

quantification?

Answer. Yes

Question. Can the both of you commit to resolving this within the next two years?

Answer. I am told that resolving the water right is a complex issue that is intertwined with other equally complex issues (endangered fish species and Aspinall Unit

43

Operations). I understand that NPS is making a concerted effort to work with the

other water interests in the basin to develop an agreeable resolution of the water

right quantification as expeditiously as possible.

Question. My next question is in regards to information sharing. Could you provide me and the State of Colorado your justification for quantifying this right you

have filed and can you commit to me to provide the proper and appropriate information to me and all of the interested parties?

Answer. As this water rights claim is now pending, decisions involving the sharing of information fall within the purview of the Department of Justice. However,

I am told that the NPS and the Department of Justice intend to work with the basin

water interests to negotiate a resolution of the quantification and understand that

sharing information will be necessary during the course of negotiations.

Question. Secretary Norton has made local participation mandatory on decision

making at the Department of the Interior. So, can you commit to seeing that all

affected water users are allowed to participate in all technical meetings and negotiations? That way everyone is at the table to resolve this issue instead of mandating

from Washington.

Answer. It is my philosophy that the NPS must commit to work and consult regularly with local interests. While I am not yet familiar with the details of this issue,

I will urge the Department of Justice to involve representatives of affected water

users in technical and other meetings.

Question. Can you commit to ensuring that any water right the National Park

Service pursues is consistent with the McCarran Amendment, state water laws,

interstate compacts and state court cases that make up our water laws?

Answer. Yes. I can commit that any water right the NPS pursues is consistent

with all applicable state and federal laws.

Question. Given the nationwide power crunch, are you willing to subordinate their

water right to the Aspinall Unit so as not to disrupt power production?

Answer. As stated earlier, I am not familiar with the details surrounding this

matter. If confirmed, I am committed to a balanced approach to resolving what I

am advised is a complex issue.

Question. In the documents that the Park Service filed, how did it quantify the

impact to power production?

Answer. At this point, I am unable to comment adequately as I have not yet had

the opportunity to see or review the documents that the Park Service filed in this

matter.

Question. Has the Park Service complied with the Bush Administration’s May 18

Executive Order that requires it to consider power impacts before taking action?

Please describe how the Service intends to comply with this order.

Answer. I am told that the NPS has not taken any action that would affect power

generation since the Bush Administration’s May 18 Executive Order. As I indicated

previously, the NPS will comply with all applicable legal requirements.

Question. The Park Service stated that it intends to negotiate Black Canyon water

rights settlements with affected parties. Given that over 300 parties have intervened in the Colorado court case, what process does the Service plan to use to pursue those negotiations?

Answer. I understand that there have been meetings with water user organizations to deal with the issue of the large number of parties. It is anticipated that

this will facilitate involvement of representatives of affected water users in the negotiations.

Question. Are you aware that the Western Area Power Administration (WAPA)

has serious concerns about the impact of those flows on hydropower generation at

the Colorado River Storage Project and that WAPA says it did not have sufficient

time to analyze the recommendations before they were filed?

Answer. I am told that the NPS is aware of WAPA’s concerns.

(45)

APPENDIX II

Additional Material Submitted for the Record

GOVERNOR OF THE STATE OF FLORIDA,

February 19, 2001.

Hon. GALE NORTON,

Secretary, U.S. Department of the Interior, Washington, DC.

DEAR SECRETARY NORTON: It is with pleasure that I submit this letter of recommendation for Fran P. Mainella, who is interested in serving the administration

as National Park Service Director.

Fran has served as the Director of Florida State Parks for the past twelve years.

As Director, Fran manages the administration of 153 state parks, preserves, historic

sites, recreation areas, wildlife parks and trails consisting of over 500,000 acres. She

has proven to be a motivational leader, creative thinker, effective manager, and accomplished director. As a result of Fran’s hard work, perseverance, and ability to

lead a successful team of over 1,000 dedicated employees in eight bureaus, Florida

was voted as having ‘‘America’s Best State Park System,’’ receiving the 1999-2001

Gold Medal Award. Last year, the National Recreation and Park Association’s 2000

Kudo’s Award also recognized Florida’s State Park System for Best Web Site and

Best Promotional Video.

In addition to her fine work with the State of Florida, Fran has been an active

member and leader with national associations including her service as president of

both the National Association of State Park Directors and the National Recreation

and Park Association.

While Fran’s departure would prove to be a great loss for our State, I was pleased

to learn of her interest and willingness to serve in your agency, as I am confident

that she would serve with pride and distinction. For your reference, I am enclosing

a copy of Fran’s resume, letters of recommendation, and articles of interest.

Thank you and please do not hesitate to call with any questions,

Sincerely,

JEB BUSH.

FLORIDA CONGRESSIONAL DELEGATION,

March 7, 2001.

Hon. GALE NORTON,

Secretary, Department of Interior, Washington, DC.

DEAR SECRETARY NORTON: It is a great honor for the Florida Congressional Delegation to support Fran P. Mainella. Director of Florida State Parks, Florida Department of Environmental Protection, for the position of National Park Service Director.

Under Fran’s leadership during the last 12 years, the Florida State Park system

has worked tirelessly with State and county officials to achieve the highest standard

of excellence. As you are probably aware. Florida State Parks rank as the second

most desirable destination for visitors to our state. Only visitors to Walt Disney resorts and theme parks exceed the 16.5 million annual visitors to Florida State

Parks. Even with the high volume of visitors, our parks boast superior resource

management and service. Florida State Parks has won on the best resource manager of the year 7 out of the last 8 years.

In a testament to her skills as a creative administrator, Fran has brought a number of innovative funding ideas to the table. Florida State Parks has become a leader in outsourcing services, working with over 1900 partners to move the state park

system forward. One example, ‘‘Partnership-in-Parks’’, funds the park system thru

private dollars matched with state dollars on a 60-40 basis. We know of no similar

program in any other state park system. Over $4 million worth of projects are unVerDate 11-SEP-98 08:56 Nov 29, 2001 Jkt 000000 PO 00000 Frm 00048 Fmt 6601 Sfmt 6621 J:\DOCS\76-085 SENERGY3 PsN: SENERGY3
46

derway at a cost of only $1.6 million to the state. This example of public/private cost

sharing demonstrates Fran’s ability to broker positive relationships between the

government and private sector interests.

Fran has been able to connect local communities to the park system by enlisting

the support of the citizens that enjoy its services. Volunteerism is at an all time

high in Florida State Parks with over 837,000 hours donated in this past year,

equaling over 400 full-time employees for our system. Our Citizen Support Organizations (CSO), volunteer friends groups who support our parks, have grown from 5

in 1989 to now currently 70 CSO’s. This means that 1 out of every 3 people visiting

Florida State Parks is a volunteer. Additionally, our visitation for state parks has

grown 13.5% over the last year and 32% since 1996, as has our revenue that has

increased since 1996 by 32%.

While Florida has greatly benefited from her talents, Fran has also shared her

extensive experience and leadership skills with prominent national organizations.

She served as president of the National Recreation and Park Association and president of the National Association of State Park Directors. Recognized as one of the

top leaders in this nation for natural resource and park and recreation efforts, Fran

has testified on numerous occasions before U.S. Congressional committees.

Our state takes great pride in its park system, and Fran’s efforts have consistently draw in praise and recognition from colleagues across the nation, the most notable instance being Florida State Parks’ selection as the 1999-2001 Gold Medal

Award recipient presented by the National Recreation and Park Association and National Sporting Goods Association. In addition, our outstanding visitor services, resource management, innovative funding programs, and citizen involvement led to

Florida State Parks being named ‘‘America’s Best State Park System’’.

We are proud of Fran’s leadership and achievements on behalf of all Floridians.

She has demonstrated, her ability to manage the operations of a large organization

of over 1000 employees and 155 parks, and she has steered our park system into

a position of unparalled excellence. Her knowledge and ‘‘can do’’ attitude would be

a great asset to the National Park System. We are pleased to join together in recommending Fran P. Mainella for the position of National Park Service Director.

Sincerely,

Congressman Clay R. Shaw, Jr., District 22; Congressman C.W. Bill

Young, District 10; Senator Bob Graham; Senator Bill Nelson; Congressman Joe Scarborough District 1; Congressman Allen Boyd, District 2; Congresswoman Corrine Brown, District 3; Congressman

Ander Crenshaw, District 4; Congresswoman Karen Thurman, District 5; Congressman Cliff Stearns, District 6; Congressman John L.

Mica, District 7; Congressman Ric Keller, District 8; Congressman

Michael Bilirakis, District 9; Congressman Jim Davis, District 11;

Congressman Adam H. Putnam, District 12; Congressman Dan Miller, District 13; Congressman Porter Goss, District 14; Congressman

Dave J. Weldon, District 15; Congressman Mark Foley, District 16;

Congresswoman Carrie P. Meek, District 17; Congresswoman Ileana

Ros-Lehtinen, District 18; Congressman Robert Wexler, District 19;

Congressman Peter R. Deutsch, District 20; Congressman Lincoln

Diaz-Balart, District 21; and Congressman Alcee L. Hastings, District

23.

SAGAMORE PUBLISHING,

Champaign, IL, June 5, 2001.

DEAR SENATOR BINGAMAN: I would like to lend my support for Fran Mainella for

the appointment of Director for the National Park Service. I have known Fran for

over 30 years. She has a distinguished career in the area of Parks, Recreation and

Conservation. She has done an outstanding job in the state of Florida in managing

the natural resources and conservation programs. She is highly recognized by her

peers for her dedication and energy for our field. Most recently she was the Elected

President of the National Recreation and Park Association by her peers. I am in

hopes that the committee will support her nomination.

Sincerely,

JOSEPH J. BANNON, PH.D.,

Publisher and CEO.

47

CITY OF ALBANY, OREGON

ALBANY PARKS & Recreation,

Albany, OR, June 6, 2001.

Hon. JEFF BINGAMAN,

Chairman, Committee on Energy and Natural Resources, U.S. Senate, Washington,

DC.

DEAR MR. BINGAMAN: This letter is to express my strong support for Fran

Mainella’s nomination for the Director of the National Park Service. I know of no

other person with the exceptional qualifications, commitment and enthusiasm that

Fran possesses.

I have worked with Fran for nine years on the Board of Trustees of the National

Recreation and Parks Association. Fran also served as President of that organization at a time when we were raising funds to build a new headquarters and had

several other projects in progress. As Director of Florida parks system, Fran continues to demonstrate outstanding leadership qualities. She has a deep understanding

of the needs of parks and recreation and knows how to develop them effectively.

Fran has an exceptional ability to share her vision and enthusiasm and to get people to work together.

I congratulate the National Park Service should Fran become their new Director.

They would be getting a great leader and a truly fine person in Fran.

Sincerely,

DAVE CLARK,

Parks & Recreation Director.

CITY OF ANAHEIM, CALIFORNIA,

COMMUNITY SERVICES DEPARTMENT,

Anaheim, CA, June 6, 2001.

Hon. JEFF BINGAMAN,

Chairman, Committee on Energy and Natural Resources, U.S. Senate, Washington,

DC.

DEAR SENATOR BINGAMAN: I am writing this letter in support of President George

W. Bush’s nomination of Fran Mainella as our next National Park Service Director.

I am a 32-year park and recreation professional and currently employed as the Director of the Community Services Department for the City of Anaheim, California.

During my career I have served as president of the California Park and Recreation

Society and of the National Recreation and Park Society in addition to many other

leadership positions. I have traveled internationally and, in the course of my work

and volunteer efforts, have had the opportunity to work with the very best professionals in our field.

Without reservation, Fran Mainella is one of the highest regarded park and recreation professionals in the nation. She has demonstrated through her work in the

State of Florida her unique ability to build coalitions and build a nationally awardwinning department. She is well respected by environmental advocates and has a

way of working with people to create unique and lasting solutions to tough problems. She has endless energy as demonstrated by her volunteer efforts with a number of national organizations. She served as president of the National Recreation

and Park Association and of the National State Recreation Liaison Officers organization. She has been active in her state associations and has served in many different capacities as a parks and recreation professional.

Fran Mainella’s appointment to the National Park Service directorship would benefit our nation and the Park Service because of the energy, creativity, credibility and

innovation that she would bring to the job. I cannot think of an individual more deserving of this appointment or more worthy of the challenge. I urge you and the

members of the Committee on Energy and Natural Resources to unanimously recommend Fran Mainella to the full Senate as soon as it is reasonable to do so.

Sincerely,

CHRISTOPHER K. JARVI,

Director.

48

CITY OF TAMPA,

RECREATION DEPARTMENT,

Tampa, FL, June 6, 2001.

Hon. JEFF BINGAMAN,

Chairman, Committee on Energy and Natural Resources, U.S. Senate, Washington,

DC.

DEAR CHAIRMAN BINGAMAN: It is with great pleasure that I would like to support

the nomination of Fran Mainella for the Director of the National Park Service.

I have known Fran for over fifteen (15) years and worked with her when she was

the Executive Director of the Florida Recreation and Park Association. She has always served the profession with dedication and a strong commitment to our cause.

She is the ultimate leisure professional.

I know she will bring the same enthusiasm and dedication to the National Park

Service as she has given to the Florida Department of Recreation and Parks. I can

think of no one who is more qualified to serve in this position than Fran.

I urge you to support the confirmation of Fran Mainella as Director of the National Park Service.

Sincerely,

JOE ABRAHAMS,

Director.

NORTHERN SUBURBAN SPECIAL RECREATION ASSOCIATION,

Northbrook, IL, June 6, 2001.

Hon. JEFF BINGAMAN,

Chair, Committee on Energy and Natural Resources, U.S. Senate, Washington, DC.

DEAR SENATOR BINGAMAN: I was thrilled to see that President George W. Bush

has nominated Fran Mainella to the post of the Director of the National Park Service. I write to urge that your committee recommend that her nomination be confirmed.

I know Fran well. She has an outstanding reputation as an administrator, having

guided the Florida Department of Natural Resources for many years. She is fair and

knowledgeable, and would truly hold the conservation and park interests of our

country as her number one priority. Fran is acknowledged as a leader in the field

of parks and recreation, and served recently as President of the National Recreation

and Park Association. She is conversant in every aspect of park planning and management, including accessibility for persons with disabilities. I can think of no better

candidate for this post.

As a former New Mexican, I can assure you that support for Fran will be rewarded with good management, innovative service, and thoughtful planning. I hope

that your Committee agrees.

If I can answer any questions or provide any further information, please contact

me at 847/509-9400 or at jmcgovern@nssra.org. Thank you for your consideration.

Sincerely,

JOHN N. MCGOVERN,

Executive Director.

LAKE COUNTY FOREST PRESERVES,

Libertyville, IL, June 6, 2001.

Hon. JEFF BINGAMAN,

Chairman, Committee on Energy and Natural Resources, U.S. Senate, Washington,

DC.

DEAR CHAIRMAN BINGAMAN: I am respectfully requesting your approval of the

nomination of Fran Mainella for Director of the National Park Service. Having

known and worked with Ms. Mainella for the past seven years, I am confident that

she is the best possible choice for meeting the many challenges faced by National

Park Service.

Our service together as judges for the National Gold Medal Awards selection committee has enabled me to see first-hand Fran’s thorough understanding of what it

takes to lead a conservation, park and recreation agency that provides excellent

service to its visitors and proper protection of its natural and historical resources.

She has put this knowledge to good use as director of the National Gold Medal

Award-winning Florida State Parks.

I also have served with Ms. Mainella on the board and committees of the American Academy for Park and Recreation Administration. She has the ability to work

49

effectively with people of varied interests to build the consensus needed to get

things done. Additionally, Fran was elected as President of the National Recreation

and Park Association, duties that she fulfilled with great distinction. That term of

service gave her the opportunity to learn about the varied needs and concerns of

people nationwide about access to parks and conservation of natural resources.

As Executive Director of a 23,000-acre conservation, park and recreation system

in the northern suburbs of Chicago, and through my previous experiences in California, Michigan and Virginia, I have met few people as capable as Ms. Mainella. I

know that she will make an excellent Director of the National Park Service and will

faithfully fulfill the wishes of Congress and the dreams of the American people.

I would like to express my appreciation for your leadership in ensuring that our

nation’s tremendous natural resources are preserved and improved for the benefit

of all citizens.

Sincerely,

STEVEN K. MESSERLI,

Executive Director.

LAKE COUNTY FOREST PRESERVES,

ENVIRONMENTAL EDUCATION AND PUBLIC AFFAIRS,

Libertyville, IL, June 6, 2001.

Hon. JEFF BINGAMAN,

Chairman, Committee on Energy and Natural Resources, U.S. Senate, Washington,

DC.

DEAR CHAIRMAN BINGAMAN: I am writing in support of the nomination of Fran

Mainella for Director of the National Park Service. Ms. Mainella is well-respected

within the conservation, park and recreation profession for her many accomplishments as director of the award-winning Florida State Park system. She also has

served a distinguished term as President of the National Recreation and Park Association, which gave her an overview of issues facing our parks and preserves across

the nation.

In my 20 years of professional experience with regional conservation, park and

recreation agencies; I have met many outstanding park directors and visited the

wonderful park systems they lead. Fran Mainella and the Florida State Parks system she leads are among the best. I am confident that Ms. Mainella’s experience

in serving the diverse populations and protecting the diverse ecological communities

found in Florida will help her effectively meet the challenges facing our National

Park System.

Your leadership in protecting our nation’s natural resource for the benefit of current and future generations is truly appreciated.

Sincerely,

ANDREW S. KIMMEL,

Director.

JOLIET PARK DISTRICT,

Joliet, IL, June 6, 2001.

Hon. JEFF BINGAMAN,

Chairman, Committee on Energy and Natural Resources, U.S. Senate, Washington,

DC.

DEAR SENATOR BINGAMAN: It is with great pleasure that I support the nomination

of Ms. Fran P. Mainella for the Director’s position with the National Park Service.

Having known Fran for many years, she possesses quality leadership and management skills required to administer the National Park Service.

Together with her strong work ethic, she is a visionary, innovator and can easily

create collaborative environments that would be beneficial to the future of the National Park Service.

Fran’s leadership positions include being President of the National Park and

Recreation Association and the Board of Directors of the American Academy for

Park and Recreation Administration. She is regularly called upon to speak at nationally recognized conferences and workshops.

Fran has a national reputation which will assist her in managing the National

Park Service.

Sincerely,

RONALD H. DODD,

Executive Director.

50

BOARD OF PARK COMMISSIONERS,

PARK DISTRICT OF HIGHLAND PARK,

Highland Park, IL, June 6, 2001.

Senator JEFF BINGAMAN,

Chair, Committee on Energy and Natural Resources, U.S. Senate, Washington, DC.

DEAR SENATOR BINGAMAN: My name is Scott Chovanec and I am President of the

Board of Park Commissioners for the Park District of Highland Park in Highland

Park, Illinois.

I am writing to urge your support of Fran Mainella for the position of Director

of the National Park Service. Fran has been a supporter of and involved in Parks

and Recreation for many years. Fran has extensive administrative and public affairs

experience that she will use to benefit the National Park Service. Please support

her nomination. She will be a great asset to the department.

Sincerely,

SCOTT A. CHOVANEC,

President.

CITY OF NORTH MIAMI BEACH, FLORIDA,

North Miami Beach, FL, June 7, 2001.

Hon. BOB GRAHAM,

U.S. Senate, Hart Senate Office Building, Washington, DC.

DEAR SENATOR GRAHAM: I am so pleased that President Bush has nominated

Fran Mainella for National Park Services Director, and I am asking for your support in her confirmation.

For many years, I have known Fran in her capacity as Florida Park Services Director. As you know, she has significantly improved the State Park System. She is

quite personable, and I have every confidence that she will work well with Democrats and Republicans alike because among her many attributes is a great knack

for consensus building.

It would be a credit to our state to have her in a position of national prominence.

Your help would be truly appreciated.

Sincerely.

JEFFREY A. MISHCON,

Mayor.

NATIONAL SOCIETY FOR PARK RESOURCES,

Ashburn, VA, June 7, 2001.

Hon. JEFF BINGAMAN,

Chairperson, Energy Commission, U.S. Senate, Washington, DC.

Re: Recommendation for NPS Director Nominee, Fran Mainella

DEAR SENATOR BINGAMAN: This letter is being sent unsolicited in support and recommendation of Ms. Fran Mainella as President Bush’s nominee for the Director of

the National Park Service.

I represent over one thousand members of the National Society for Park Resources, a professional branch of the National Recreation and Park Association. The

members of the Society have requested that I write a letter of support for Ms.

Mainella. I have personally known and worked with Ms. Mainella for over 14 years.

Ms. Mainella is of excellent character and possesses superb qualifications and impeccable integrity. She has a ‘‘can do’’ attitude and the tenacity to get the job done.

Ms. Mainella has the innate ability to work with people of all walks of life and varying opinions in bringing about consensus. Ms. Mainella will serve the National Park

Service and our country well.

I, along with all of the National Society for Park Resources members support the

nomination of Ms. Fran Mainella and urge you to vote yes on her confirmation.

Thank you in advance for your support.

Sincerely,

JERRY HOVER, PH.D. CPRP,

President.

51

SAINT LOUIS COUNTY PARKS,

PARKS & RECREATION,

Saint Louis, MO, June 7, 2001.

Hon. JEFF BINGAMAN,

Chairman, Committee on Energy and Natural Resources, U.S. Senate, Washington,

DC.

DEAR SENATOR BINGAMAN: I have been informed that Fran Mainella has been

nominated as the National Park Service Director.

Fran brings over thirty years of experience in the field of parks. Her distinguished

career most recently includes her administering the Division of Recreation and

Parks for the Florida Department of Environmental Protection.

I would urge the Committee to give serious deliberation to Fran as our next Park

Service Director. She has proven to be a leader in the field of Parks, Recreation and

Environmental Services. As past president of the National Recreation and Park Association, she traveled the country meeting and serving the needs of our many members.

Thank you for your consideration of my request.

Sincerely,

GENIE ZAKRZEWSKI, CPRP,

Director.

CITY OF LARGO, FLORIDA,

RECREATION AND PARKS DEPARTMENT,

Largo, FL, June 8, 2001.

Senator BOB GRAHAM,

Hart Senate Office Building, Washington, DC.

DEAR SENATOR GRAHAM: I am a recreation and parks professional in the State

of Florida and have had the wonderful experience of working with Fran Mainella

for over fifteen years. During 1987, I served as President of the Florida Recreation

and Park Association, and Fran Mainella was the Executive Director of the association. Fran developed a strong and vital foundation for the association which has continued to grow with well over 1,300 members. As an active leader with the State

Legislature, Fran took the recreation and parks profession to a more recognized role

and asset to the state.

As Ms. Mainella moved to her next challenge, Director of the Florida state park

system, she displayed that same leadership and professionalism to improve and enhance Florida state parks, and the state parks received a gold medal. Fran has also

been the President of the National Recreation and Park Association. All of these accomplishments and strengths can only benefit the national parks. Fran’s experience

will benefit the citizens of the United States through her leadership and direction.

I strongly endorse Fran for the position of the National Parks Service Director, and

I know our national parks and all of the national parks’ employees will excel under

her leadership.

Sincerely,

CATHY B. SANTA,

Director.

CITY OF DALLAS,

FAIR PARK,

Dallas, TX, June 11, 2001.

Hon. JEFF BINGAMAN,

Chairman, Committee on Energy and Natural Resources, U.S. Senate, Washington,

DC.

MR. BINGAMAN: This letter is written in support of Fran Mainella as she is considered for the position of National Park Service Director.

I have worked with Fran over the past 12 years through the National Recreation

and Park Association, American Academy for Park and Recreation Administration

and the National Symposium.

I have found her leadership and organizational skills to be some of the best I have

ever encountered. Fran is also an accomplished public speaker and will be a credit

to the National Park Service.

EDDIE C. HUESTON,

Executive General Manager.

52

EAST BAY REGIONAL PARK DISTRICT,

Oakland, CA, June 13, 2001.

Hon. JEFF BINGAMAN,

Chairman, Committee on Energy and Natural Resources, U.S. Senate, Washington,

DC.

DEAR SENATOR BINGAMAN: On behalf of the East Bay Regional Park District I

wish to express support for the nomination of Fran Mainella for the position of National Park Service Director. I have known Ms. Mainella for many years through

her participation in, and presidency of the National Park and Recreation Association.

The District, a regional parks agency, operates 59 parks exceeding 90,000 acres

of open space and 100 miles of inter-park regional trails, in the highly urbanized

San Francisco East Bay area. We know that Ms. Mainella has a thorough understanding of the needs and values of parks and recreation, reflected in part by her

commitment to the Land and Water Conservation Fund. She achieved no small feat

in working her way up from local parks in Lake Park and Tallahassee, Florida to

become the Director of the Florida Department of Environmental Protection. Her career also includes service in the parks private sector as Executive Director of the

Florida Park and Recreation Association. This is a candidate who is balanced,

knowledgeable and professional based on the broad spectrum of her 30 years of experience in the park and recreation field.

We respectfully request your favorable consideration of her nomination.

Sincerely,

PAT O’BRIEN,

General Manager.

WILLIAM PENN MOTT, JR. MEMORIAL FUND,

Orinda, CA, June 15, 2001.

Hon. JEFF BINGAMAN,

Chairman, Committee on Energy and Natural Resources, U.S. Senate, Hart Building, Washington, DC.

DEAR SENATOR BINGAMAN: I am honored to write you in support of President

George Bush’s nomination of Fran Mainella as our next National Park Service Director.

I have known and worked with Fran Mainella on park programs and issues for

many years and I can recommend her without any reservation.

For 22 years I was General Manager of the highly regarded East Bay Regional

Park District (Alameda and Contra Costa Counties). When my friend and mentor,

the late Bill Mott served as National Park Service Director, I was appointed by

President Reagan and Mott to serve on the President’s Committee on Americans

Outdoors and have since been a consultant to many park agencies in this country,

as well as Canada, Denmark, New Zealand and Australia.

Fran Mainella has served with distinction as Director of the Division of Recreation and Parks for the State of Florida. She has been President of the National

Recreation and Park Association as well as the NRPA’s Natural Resources Association. She is among the highly regarded park and recreation and environmental leaders in the United States. She is a proven administrator and is known for her ability

to work with people to create unique and lasting solutions to very difficult problems.

Her work in Florida helped her department win a nationally award winning department.

Fran Mainella would serve the National Park Service with distinction as its Director and would benefit both our nation and the park service. She has boundless

energy, credibility, creativity, and innovation.

I know of no one more deserving of this appointment or more worthy of the challenge. I urge you and your Committee to recommend her to the full Senate as soon

as possible.

Sincerely,

RICHARD C. TRUDEAU,

Chairman.

53

SALISBURY PARKS & RECREATION DEPARTMENT,

Salisbury, NC, June 21, 2001.

Senator FRANK MURKOWSKI,

Committee on Energy and Natural Resources, U.S. Senate, Washington, DC.

DEAR SENATOR MURKOWSKI: I would like to express my support for the nomination of Fran Mainella as Director of the National Park Service. Fran is a proven

leader who brings extensive experience and a broad understanding of the public

Parks and Recreation field at the local, state and national level.

I have served with Fran as a member of the National Recreation and Park Association Board of Trustees, were Fran was elected President of the Board. She provided leadership on the association’s policy actions, communications, education and

membership service. During Fran’s tenure as Association President, NRPA designed

and built a new National Headquarters that now serves as a focal point for Parks

and Recreation professionals and citizens nationwide.

Under Fran’s leadership the Florida Division of Parks and Recreation was the

1999-2000 Gold Medal Award winner in the National Sports Foundation’s biennial

competition for exemplary state recreation and park agencies. She has also served

as the Executive Director of the Florida Recreation and Park Association.

Fran encourages excellence through hard work and dedication, and will bring out

the best in employees to sustain the National Park Service. She is a professional

who will provide solid leadership for the National Park Service and I would highly

recommend her confirmation by your committee.

Sincerely,

GAIL ELDER WHITE, CPRP,

Parks and Recreation Director,

YUMA MESA IRRIGATION AND DRAINAGE DISTRICT,

Yuma, AZ, June 26, 2001.

Hon. JEFF BINGAMAN,

Chairman, Senate Energy and Natural Resources Committee, U.S. Senate, Washington, DC.

DEAR MR. CHAIRMAN: The Yuma Mesa Irrigation and Drainage District strongly

supports the nomination of John Keys as Commissioner of the Bureau of Reclamation, Department of the Interior.

The District has worked closely with the Bureau of Reclamation for the last 60

years in the development and operation of our project in the Yuma, Arizona area.

John Keys is well known and respected by project beneficiaries along the Colorado

River through his able management of the salinity control projects authorized by

Congress in the Salinity Control Act.

John’s involvement and experience in the issues relating to water and power are

well recognized by constituents throughout the West and his leadership capabilities

will be extremely beneficial to the Bureau of Reclamation and its associates.

John Keys is a very capable professional and the District strongly supports his

confirmation to the very important position of Commissioner of Reclamation.

Sincerely,

ELDON PAULSEN,

President.

CENTRAL ARIZONA PROJECT ASSOCIATION,

Phoenix, AZ, June 26, 2001.

Hon. JEFF BINGAMAN,

Chairman, Senate Energy and Natural Resources Committee, Hart Senate Office

Building, Washington, DC.

DEAR SENATOR BINGAMAN: This is to express the strong support of the Central

Arizona Project Association (CAPA) for the confirmation of John Keys as Commissioner of Reclamation.

The CAPA has been dealing with the Bureau of Reclamation for more than 50

years in support of the largest project the Bureau has built, the Central Arizona

Project.

We have followed John’s long and very productive career in the Bureau of Reclamation for many years. His knowledge of western water, power and people qualify

him especially well for this important post. John will bring strong leadership qualities to Reclamation that will assist in strengthening its constituent relationships.

54

John Keys is a proven, energetic and imaginative professional and citizen, deserving of our full support for the very important position of the United States Commissioner of Reclamation. We strongly urge his confirmation.

Sincerely,

N.W. ‘‘BILL’’ PLUMMER,

President.

AMERICAN SOCIETY OF CIVIL ENGINEERS,

Washington, DC, June 26, 2001.

Hon. JEFF BINGAMAN,

Chairman, Senate Committee on Energy and Natural Resources, Dirksen Building,

Washington, DC.

DEAR MR. CHAIRMAN: On behalf of the more than 123,000 members of the American Society of Civil Engineers (ASCE), I write to recommend the confirmation of

John W. Keys, III as Commissioner of the Bureau of Reclamation (USBR).

Mr. Keys has 34 years of experience with the USBR. He enjoys an outstanding

reputation for integrity and for being able to develop coalitions and mutually satisfying solutions to water challenges.

As Pacific Northwest regional director from 1986-1998, Mr. Keys managed 24 irrigation projects, 61 major dams, 11 hydroelectric plants and other facilities in Idaho,

Washington, Oregon, and portions of Montana and Wyoming. He developed coalitions that improved management of the Columbia River Basin, working closely with

the Idaho Legislature, irrigation districts, and other federal agencies to meet Endangered Species Act water requirements for salmon in the Columbia River system,

Bull trout in Idaho, snails in the Snake River and others. He worked on solutions

among Yakima River Basin water interests including fisheries, tribes, and farmers.

In receiving Interior’s highest honor—The Distinguished Service Award—in 1995,

Keys was commended for maintaining open lines of communication and keeping interest groups focused on solutions.

We believe Mr. Keys is superbly qualified to serve as Commissioner of the Bureau

of Reclamation, and we enthusiastically recommend his confirmation to that position.

Thank you for your attention to our concerns and for your interest in ASCE. If

the Society can be of further assistance in this matter, please do not hesitate to contact Brian Pallasch, Director, Government Relations, at our Washington Office, 202-

789-2200, or by e-mail at bpallasch@asce.org.

Sincerely yours,

ROBERT W. BEIN, P.E.,

President.

NATIONAL RECREATION AND PARK ASSOCIATION,

Ashburn, VA, June 26, 2001.

Hon. JEFF BINGAMAN,

Chairman, Committee on Energy and Natural Resources, U.S. Senate, Washington,

DC.

DEAR MR. CHAIRMAN: It is my pleasure to support the nomination of Fran

Mainella to be director of the National Park Service. We urge the Committee to report the nomination favorably and to recommend early consideration by the Senate.

Ms. Mainella will bring a diversity of experience and high level of expertise to the

National Park Service. She has worked professionally in public park and recreation

systems at municipal and state levels, and is well versed on the missions, roles, opportunities and challenges that define the work of the director of the Service. Her

leadership of the Florida Division of Recreation and Parks and the State Outdoor

Recreation Liaison Officer make her fully aware of statutory objective of the Land

and Water Conservation Fund—to enhance the health of the American people

through resource-based recreation. She will be especially sensitive to the park restoration objective of the Urban Park and Recreation Recovery Program. The implementation of these statutes has been delegated to the director of the National Park

Service and we believe she will assure their stewardship.

Ms. Mainella has had exceptional success in creating and sustaining intergovernmental and public/private partnerships to extend the value of recreation and park

services available to Florida’s citizens and visitors. Similarly, she has fostered a significant increase in volunteerism throughout the Florida State Park System and in

other area’s.

55

Ms. Mainella is a natural leader with great energy. She has been elected by her

peers to leadership positions in several park and recreation, public management and

other organizations. She served the National Recreation and Park Association as national president in 1997.

As a trustee she helped strengthen the Association’s education in training, communication, and public policy activities. She has been a leader in our annual giving

program.

It is my personal privilege to recommend the confirmation of Fran Mainella to be

the sixteenth director of the National Park Service.

Sincerely,

R. DEAN TICE,

Executive Director.

Æ