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96–179 PDF 2016

S. HRG. 114–151 

NOMINATION OF 

JEFFREY MICHAEL PRIETO, OF CALIFORNIA, 

TO BE GENERAL COUNSEL OF 

THE DEPARTMENT OF AGRICULTURE 

HEARING 

BEFORE THE

COMMITTEE ON AGRICULTURE, 

NUTRITION, AND FORESTRY 

UNITED STATES SENATE 

ONE HUNDRED FOURTEENTH CONGRESS 

FIRST SESSION 

MAY 21, 2015 

Printed for the use of the 

Committee on Agriculture, Nutrition, and Forestry 

( 

Available via the World Wide Web: http://www.fdsys.gov/ 

COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY 

PAT ROBERTS, Kansas, Chairman 

THAD COCHRAN, Mississippi 

MITCH MCCONNELL, Kentucky 

JOHN BOOZMAN, Arkansas 

JOHN HOEVEN, North Dakota 

DAVID PERDUE, Georgia 

JONI ERNST, Iowa 

THOM TILLIS, North Carolina 

BEN SASSE, Nebraska 

CHARLES GRASSLEY, Iowa 

JOHN THUNE, South Dakota 

DEBBIE STABENOW, Michigan 

PATRICK J. LEAHY, Vermont 

SHERROD BROWN, Ohio 

AMY KLOBUCHAR, Minnesota 

MICHAEL BENNET, Colorado 

KIRSTEN GILLIBRAND, New York 

JOE DONNELLY, Indiana 

HEIDI HEITKAMP, North Dakota 

ROBERT P. CASEY, JR., Pennsylvania 

JOEL T. LEFTWICH, MAJORITY STAFF DIRECTOR

ANNE C. HAZLETT, MAJORITY CHIEF COUNSEL

JESSICA L. WILLIAMS, CHIEF CLERK

CHRISTOPHER J. ADAMO, MINORITY STAFF DIRECTOR

JONATHAN J. CORDONE, MINORITY CHIEF COUNSEL

(II) 

(III) 

C O N T E N T S 

Page 

HEARING(S): 

Nomination of Jeffrey Michael Prieto, of California, to be General Counsel 

of the Department of Agriculture ....................................................................... 1 

Thursday, May 21, 2015 

STATEMENTS PRESENTED BY SENATORS 

Roberts, Hon. Pat, U.S. Senator from the State of Kansas, Chairman, Committee on Agriculture, Nutrition, and Forestry ................................................. 1 

Stabenow, Hon. Debbie, U.S. Senator from the State of Michigan ..................... 2 

Witness 

Prieto, Jeffery Michael, of California, to be General Counsel of the Department of Agriculture .............................................................................................. 2 

APPENDIX 

PREPARED STATEMENTS: 

Stabenow, Hon. Debbie .................................................................................... 14 

Prieto, Jeffery Michael ..................................................................................... 15 

DOCUMENT(S) SUBMITTED FOR THE RECORD: 

Committee questionnaire and Office of Government Ethics Executive 

Branch Personnel Public Financial Disclosure Report filed by Jeffrey 

Michael Prieto ............................................................................................... 18 

QUESTION AND ANSWER: 

Prieto, Jeffery Michael: 

Written response to questions from Hon. Pat Roberts .................................. 36 

Written response to questions from Hon. Debbie Stabenow ......................... 36 

Written response to questions from Hon. Michael Bennet ........................... 36 

(1) 

NOMINATION OF 

JEFFREY MICHAEL PRIETO, OF CALIFORNIA, 

TO BE GENERAL COUNSEL OF 

THE DEPARTMENT OF AGRICULTURE 

Thursday, May 21, 2015 

UNITED STATES SENATE, 

COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY, 

Washington, DC 

The committee met, pursuant to notice, at 9:58 a.m., in room 

328A, Russell Senate Office Building, Hon. Pat Roberts, Chairman 

of the committee, presiding. 

Present or submitting a statement: Senators Roberts, Boozman, 

Hoeven, Perdue, Ernst, Tillis, Sasse, Grassley, Thune, Stabenow, 

Klobuchar, Bennet, Gillibrand, Donnelly, and Casey. 

STATEMENT OF HON. PAT ROBERTS, U.S. SENATOR FROM THE 

STATE OF KANSAS, CHAIRMAN, U.S. COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY 

Chairman ROBERTS. The vote is at 10:00, I understand now, and 

guess what, we could proceed to see just how far we can move 

along. 

Mr. Prieto, would you please come before the committee. 

[Pause.] 

Chairman ROBERTS. The purpose of this hearing is Mr. Jeffrey 

Prieto’s nomination to serve in the position of General Counsel for 

the United States Department of Agriculture. We welcome you, sir. 

The Office of the General Counsel at the USDA was established 

in 1910. It is an independent agency providing centralized legal advice and services to the Department in support of all programs and 

activities. The legal services range widely, from providing counsel 

to USDA officials, to providing technical assistance to Congress 

during farm bills, to conducting litigation. The office also provides 

litigation support services to the Department of Justice, as needed. 

The General Counsel is responsible for providing advice and 

counsel directly to the Secretary and the Deputy 

Secretary, in addition, overseeing the Washington, DC-based office. The position also supervises 12 field offices within OGC as 

well as the Office of Ethics. 

Our nominee, Mr. Prieto, currently serves as Acting General 

Counsel at the Department. He has worked at the Department 

since June of 2014, when he was hired to be the Principal Deputy. 

Prior to his service at the Department, he was an attorney at the 

Department of Justice for 15 years and also worked as an attorney 

2 

advisor at the Environmental Protection Agency. He is a graduate 

of the UCLA School of Law, holds a Master’s degree of Public Affairs from the Woodrow Wilson School of Public and International 

Affairs at Princeton University, and is from California. 

Mr. Prieto, I understand that your wife, Sheryl, son Daniel, and 

mother, Lucy, as well as other friends and family join you today. 

If I could ask them to stand, I would do that now. We welcome you 

to the committee. 

[Applause.] 

Chairman ROBERTS. I look forward to hearing your testimony 

today and asking you some questions in regard to the role you 

would serve at the Department, if confirmed. 

I first turn to my distinguished Ranking Member for any remarks that she may have. 

STATEMENT OF HON. DEBBIE STABENOW, U.S. SENATOR 

FROM THE STATE OF MICHIGAN 

Senator STABENOW. Well, thank you, Mr. Chairman. 

In the interest of time, I will put my opening statement into the 

record, but I just want to welcome Mr. Prieto and your family. I 

know they are very, very proud of you. You have been serving us 

well in an acting position. 

This is obviously an incredibly important position of General 

Counsel. Our farmers and ranchers and families and rural communities count on you to help guide us as we implement the farm bill 

and other policies that create tools for our growers and the resources for our communities. 

Mr. Chairman, thank you for bringing the nomination forward. 

I hope we can swiftly confirm Mr. Prieto as General Counsel, and 

I will put the rest of my comments into the record. 

[The prepared statement of Hon. Debbie Stabenow can be found 

on page 14 in the appendix.] 

Chairman ROBERTS. I thank the Senator. 

There are two questions that I need to ask you, sir, under oath, 

before your testimony, if you could please stand and raise your 

right hand. 

Do you swear that the testimony you are about to present is the 

truth, the whole truth, and nothing but the truth, so help you God? 

Mr. PRIETO. I do. 

Chairman ROBERTS. Second, do you agree that, if confirmed, you 

will appear before any duly constituted committee of the Congress, 

if asked to appear? 

Mr. PRIETO. I do and will. 

Chairman ROBERTS. Thank you, sir. 

Mr. PRIETO. Thank you. 

Chairman ROBERTS. Please be seated. 

You are recognized for your testimony, sir. 

TESTIMONY OF JEFFREY MICHAEL PRIETO, OF CALIFORNIA, 

NOMINATED TO BE GENERAL COUNSEL, U.S. DEPARTMENT 

OF AGRICULTURE 

Mr. PRIETO. Good morning, and greetings, Mr. Chairman, Ranking Member Stabenow, and other distinguished members of ConVerDate Nov 24 2008 16:17 May 03, 2016 Jkt 000000 PO 00000 Frm 00006 Fmt 6633 Sfmt 6633 C:\USERS\MW42035\DESKTOP\DOCS\96179.TXT MICAH
3 

gress and the committee. I thank you all for your willingness to 

hold this hearing. 

It is a great honor to be before you as President Obama’s nominee as the General Counsel. I am also grateful to not only the 

President, but to Secretary Vilsack for this honor, as well, and I 

look forward to continuing to serve the American public if I am so 

privileged of being confirmed. 

I also thank you, Mr. Chairman, for recognizing my family, because it is an honor to have them here. I just want to publicly take 

a moment to thank my wife. We have had a long journey to this 

particular place, and without her love, support, I would not be 

here. 

I also want to thank my mother, my sister, and our Rector, as 

well, for their prayers, their support. My oldest son is here. My 

youngest son started his summer job today and I told him he cannot miss working—— 

[Laughter.] 

Mr. PRIETO. —so I know that he is here in spirit. But, I am so 

grateful to all of them and all of the members and friends and family that are here, and also to my community. Because of them, I 

have this opportunity, and I intend to continue to pay back that 

particular debt. 

But, I am also a product of my family’s history. My family has 

been in this country for two generations. I think today of three uncles who were killed in World War II, my cousins who have served, 

including one who received the Distinguished Flying Cross during 

the Vietnam conflict, another cousin who has served in Special 

Forces during the Afghan situation, and they are my inspiration. 

I think about them today, both those that have passed, those that 

are still here, and they have inspired me. 

But, I also understand that inspiration has to be coupled with 

hard work. I learned how to work hard from my grandfather. My 

grandfather worked in a citrus packing house in Santa Paula, California, for over 50 years, and he loved that job. He woke up every 

morning, went to work. The bell would come, he would come home 

for lunch, and he would go back. I worked there a summer and I 

know how hard he worked. But, that is where I learned how to 

work hard, and it was because of him and his sacrifices and my 

grandmother’s that we had the opportunities. They supported us in 

so many different ways, at times financially, our family in Mexico, 

and it was because of them, again, that I am here. 

But, not only inspiration and hard work, but there has to be a 

purpose, and that purpose has been public service. I am so glad 

that my mother is here today, because I learned what it is to serve 

from my mother. My mother was our primary earner. She worked 

a variety of jobs, and when we were growing up worked in a split 

schedule so that she could be home when we left and she was home 

when we got back, and then would go back to work. It is, again, 

because of that sacrifice that, again, I understand that it is not just 

enough to be inspired, it is not just enough to work hard, but that 

you have to have a purpose. 

I believe that coming together at this particular time, this is my 

purpose, and my purpose has been to serve the American public. 

If confirmed, serving as a General Counsel would be the apex of 

4 

my career. I am very proud of my service as a government attorney 

and I think that that uniquely prepares me, because I do understand the complexities of working with federal legal agencies, the 

complexities of issues. 

I have been privileged to work on some of the most important 

cases during my time at the Department of Justice and I continue 

to bring that insight, that work ethic, that understanding in serving in this particular position. 

But, in terms of USDA, I also look forward to serving America’s 

farmers, ranchers, rural communities, because they are not only essential contributors to the nation’s economy, they are amongst the 

most challenged segments of American society. Both of my parents 

grew up in Santa Paula, California. It is the citrus capital of the 

world, and I know there may be states that may disagree with 

that. But, because of that product, I understand the importance of 

agriculture in people’s lives. I understand what we gained as a 

family because of my grandfather’s work. 

I have been privileged in my life. I have been privileged to work 

on the issues that I have worked on and I look forward to continuing to do so. I also look forward to working in USDA because 

we have some of the finest attorneys, some of the finest professional staff that I know not only serve the Department, the American public, but work so closely with you all, and I am committed 

to continue to do so. 

Finally, if you would honor me by recommending me, and should 

the Senate confirm me, I will do everything in my power to execute 

the duties of the General Counsel. I intend to execute my duties 

with the highest level of integrity, skill, and professionalism to 

earn your trust, to earn your respect, and I am committed to working with the leadership of USDA, with the Congress, to further the 

best interests of all Americans. 

So, I thank you, Mr. Chairman, Ranking Member, for holding 

this hearing to consider my candidacy. I am grateful for your time 

and I am glad to answer any questions that you might have. 

[The prepared statement of Mr. Prieto can be found on page 15 

in the appendix.] 

Chairman ROBERTS. Well, Mr. Prieto, we thank you for your 

humble and most eloquent statement. Thank you, sir. 

As members know—Senator Bennet, would you like to be recognized to cast your vote aye on behalf of the Grain Standards Act? 

Senator BENNET. Yes, Mr. Chairman. 

Chairman ROBERTS. Senator Klobuchar, as well? 

Senator KLOBUCHAR. Thank you. 

Chairman ROBERTS. We appreciate it. 

Senator THUNE. Mr. Chairman? Mr. Chairman, way down here 

at the end? 

[Laughter.] 

Chairman ROBERTS. Yes. 

Senator THUNE. Could I also be recorded as yes on the Grain 

Standards—— 

Chairman ROBERTS. I would be very pleased to acknowledge your 

vote. 

Senator THUNE. Mr. Chairman, thanks. 

5 

Chairman ROBERTS. We have some questions. The staff will let 

us know when the vote starts, and I want to thank members for 

coming and giving us a quorum. 

Mr. Prieto, farmers and ranchers are affected on a daily basis by 

decisions made at agencies all across our federal government, some 

of them quite intrusive. They are impacted by rules such as the 

waters of the U.S. rule at EPA and regulations on transporting 

farm goods and commodities at the Department of Transportation. 

You know that. What appropriate role or supporting role, if any, 

do you envision for the Office of General Counsel during the interagency process and discussions as laws affecting our agriculture 

producers are implemented, sir? 

Mr. PRIETO. Mr. Chairman, thank you very much for that question. I see a very robust role, and, obviously, depending on the circumstance. Some of the examples you have provided, USDA is not 

the lead, and in those particular instances, we serve in a counseling role. That counseling role ensures that the interests of the 

agricultural community are embodied, that they are raised. We 

work very, very hard to ensure in working with other federal agencies—and this is, again, an area that I think particular insight--understanding the need for collaboration. I am committed and will 

continue to ensure that the interests of the agricultural community 

are raised and considered by other federal agencies as they move 

forward on those rules and responsibilities that they have primary 

responsibility over. 

Chairman ROBERTS. Thank you, sir. 

I want to draw attention to the committee and to everybody 

present, and to you, Mr. Prieto, there has been recent media attention on federal agencies like the EPA improperly promoting its regulatory actions with regards to waters of the U.S. A recent news 

article raises questions about EPA’s role and actions employed in 

order to garner public support for the proposed rule and reports 

that critics believe the EPA inappropriately influenced the campaign, which is prohibited for a federal agency according to the 

Anti-Lobbying Act. 

Now, given your legal expertise, do you believe the EPA violated 

the law? If confirmed, how would the Office of General Counsel ensure the USDA is compliant with the Anti-Lobbying Act restrictions? 

Mr. PRIETO. Again, Mr. Chairman, thank you very much for that 

question. I can speak to the USDA. We understand the statutory 

requirements in these particular issues. Clearly, we have significant outreach to our communities. We do it in the way that fits and 

within the statutory requirements, and I can commit to you, sir, 

and to this committee, that we will continue to do everything that 

we do within the statutory requirements of those particular provisions. 

Chairman ROBERTS. Thank you, sir. 

Now, I have raised this issue because I was disappointed, although not entirely surprised, to learn of EPA’s very questionable 

activities surrounding the manner by which they advanced the 

WOTUS proposed rule through the rulemaking, especially the public comment process. I am deeply concerned and troubled that the 

EPA and administration officials may have not only undermined 

6 

the meaningful consultation and collaboration with state partners 

and stakeholders in the rulemaking process, but I am also concerned about their role in manipulating and influencing the outcome of the public comment period. 

Now, in March, Administrator McCarthy testified before Congress and said without any hesitation that over one million comments—one million—and 87.1 percent of those comments we have 

counted—I am quoting her—so far are supportive. Let me repeat. 

Eighty-seven-point-one percent of those plus one million are supportive of this rule. 

Well, given what has come to light in recent days, I find this 

statement to be completely disingenuous and automatically discredit EPA’s objectivity through every facet of the rulemaking process to date. We all know that the EPA will issue the WOTUS rule 

any day now, probably tomorrow. 

This committee heard directly from farmers and ranchers, this 

committee. They came, they testified, from all regions of the country, ranchers, state agency officials, various industries in Kansas, 

all throughout the country, about the impacts of EPA’s proposed 

WOTUS rule. It became the number one issue of concern throughout all of rural America with regards to regulatory overreach. This 

resounding message was communicated before our committee, and 

it was clear that this was the wrong approach and the wrong rule 

for agriculture, rural America, and small communities. 

When I and other members of this committee raised the concerns 

of our constituents with Administrator McCarthy, we were told 

that they should submit comments for the record and EPA would 

take them under consideration. Well, we now know that the EPA 

stacked the deck against them. Rather than listening to public 

comments from our agriculture constituents, it appears that EPA 

has orchestrated a political grassroots lobbying campaign with environmental groups to manipulate the process and disregard legitimate concerns from rural America. 

Now, regardless of our position on the rule—we have members 

of the committee who support the committee, I know that. We have 

those of us who think that we could certainly at least tweak it, or 

at least make it more fair, or simply back it off for a while. That 

is not the issue. I give everybody here the credit for their intent. 

The issue is having a fair comment period where producers’ legitimate concerns are heard and protected, not drowned out by the 

EPA itself. 

So, Mr. Prieto, I raise this issue with you only to say, I encourage you—I encourage you—in your capacity as General Counsel to 

ensure that the USDA follows the law and not in the footsteps of 

the EPA, because this committee has the oversight responsibility 

and we will be watching. I know you will do that job. 

The Agriculture Committee has a very full plate this Congress 

with several pieces of legislation to complete before September 30. 

There is a long tradition in this committee of OGC being a partner 

in this task to ensure that we get the language right. Do I have 

your commitment to make your staff available to assist us in this 

work? 

Mr. PRIETO. You do, Mr. Chairman. 

7 

Chairman ROBERTS. There are other questions that I will submit 

for the record, and I recognize the distinguished Ranking Member. 

Senator STABENOW. Well, thank you very much, Mr. Chairman, 

and welcome again, and let me just indicate I think with the Clean 

Water Act revisions that the proof will be in the pudding and that 

we all want to make sure that all the traditional agricultural exemptions and forestry exemptions are in place so that, in fact, agriculture can continue to do what they need to do and also protect 

the waters of this country, which we all care deeply about, including and specifically our farmers and ranchers who count on this resource, and we are seeing the challenges across the country right 

now from lack of water. So, we are all in this and need to get it 

right. 

Mr. Prieto, you have a very impressive career in civil service and 

you received a number of awards throughout your tenure at the 

Department of Justice. You have now been at the USDA’s Office of 

General Counsel for nearly a year. I wonder if you could speak a 

little bit more about your experience at the Department of Justice, 

specifically within the Environment and Natural Resources Division, how you think that experience helped prepare you to be General Counsel of the USDA. 

Mr. PRIETO. Thank you, Senator, and I thank you also for the 

compliments relative to my career. I believe that my time as a federal prosecutor at the Department of Justice has, frankly, prepared 

me very well for the position at USDA. Many of the cases that I 

litigated, that I served upon, included a significant number of federal agencies who we were representing, both on the affirmative 

and on the defensive side. It has given me the experience to work 

across the government to ensure that consensus is reached, that 

decisions are reached, so that the United States could speak with 

a single voice. I think that experience in terms of working across 

the government will serve me well. 

Again, USDA has many partners and it is incredibly important, 

as both you and the Chairman have raised, in terms of the relationship that USDA has, the role that we play as different rules 

go forward, as different practices go forward. So, I believe that it 

has prepared me well to serve in that particular role at USDA. 

Senator STABENOW. Thank you. 

You are also in charge of managing several deputy and associate 

general counsels, 12 regional and field offices, I think over 250 people. Could you talk about how your previous experience has helped 

you be able to get to this point in terms of leading a very large staff 

and the challenges of moving forward as you work with us. 

Mr. PRIETO. Thank you, Senator. I think one of the challenges 

that anyone faces coming into this position is working with career 

public servants. I think, based on my experience, I have a very 

good understanding of the challenges that federal attorneys face. I 

think that, in itself, has prepared me quite well to work with my 

now colleagues at USDA. 

I also think some of the cases that I worked on, and based on 

the complexity some of the largest that the United States has 

brought, allows me also well to understand the challenges that we 

face. We have a wonderful career staff and I am very proud to be 

part of that. I think the insights that I bring have allowed me to 

8 

work very well with our career staff to continue to serve not only 

USDA, but Congress, as well. 

Senator STABENOW. Thank you. 

We have a lot of work still to implement the farm bill. We look 

forward to continuing to work with you on that. That is obviously 

incredibly important that we get that right. We put a lot on the 

USDA’s plate and I think they are moving forward very well on all 

of it. 

But, there are new things, or old things that come back, and one 

of those is country of origin labeling, that is one of the most challenging issues, I think, now, given the decision that we have to 

deal with. I think, as we look at solutions—I have been focused on 

this and I know the Chairman has for the last couple of years, 

looking at how we can find the right balance for U.S. producers and 

meet our global obligations and so on. 

Will you commit to work with us as we develop a solution that 

can both pass the Senate, but also is responsible in terms of addressing the various needs of our producers and consumers? 

Mr. PRIETO. Again, to echo the Secretary, we remain committed 

to working with Congress to address the particular issues that are 

raised by the recent decision and we will continue to do so. 

Senator STABENOW. Thank you, Mr. Chairman. 

Chairman ROBERTS. Well, thank you for that excellent question, 

Senator, and thank you for your response, sir. We have to fix this 

situation so we are WTO compliant. We just have to do it, but we 

have to do it the right way and we have to have a bill that will 

pass the Senate. 

Senator Boozman. 

Senator BOOZMAN. Thank you, Mr. Chairman, and thank you 

very much for being here and your willingness to serve. 

This is such an important position, and I know that in the future, you are going to face some really difficult challenges, as has 

been brought up. 

One thing that I would really ask you to remember, your talk, 

your introduction was very eloquent and I enjoyed hearing about 

your family, but it is so important to remember that, being in this 

position, that you are going to represent real people, real ranchers, 

real farmers, the type of people that you were raised with and is 

still part of your family. Again, it is just so important to use the 

power of the office that you will have for good. 

I have been disappointed, as well, with the administration’s approach with the waters of the United States. How will you ensure 

that the EPA takes into account concerns that farmers and ranchers have in their methodology? 

Mr. PRIETO. Thank you for that question, Senator. I think we 

will continue to do so in the preparation of the rule. Again, USDA 

served in a consulting rule to ensure that the interest of the—agricultural interests were considered. It is something that we at OGC 

and the Department, again, take very, very seriously. We will continue to serve in that role in that particular matter to ensure that 

it is with clarity, but also to ensure that the stewardship of many 

of the rural community ranchers, farmers, as they relate to those 

issues are also reflected. I understand the incredible responsibility. 

9 

I also understand who we represent and we will continue to serve 

in that capacity. I am committed to doing so. 

Senator BOOZMAN. Well, again, thank you very much for your 

willingness to serve, and I yield back, Mr. Chairman. 

Chairman ROBERTS. Senator Klobuchar. 

I might tell my colleagues, the vote has started. We have about 

ten minutes left, but please. 

Senator KLOBUCHAR. Okay. I guess I will be quick so we can get 

to other Senators, as well. So, thank you. 

Thank you very much, and I know that you have had a lot of experience, including in the Environmental and Natural Resources 

Division of the Justice Department, the EPA, and the Department 

of Health and Human Services. So, I know Senator Roberts raised 

this issue about the waters of the U.S. rule, and we have had two 

experiences now in the last year. I actually like the EPA Administrator very much. I think she is trying to do some good things and 

has been really good at reaching out. 

However, on both the waters of the U.S. rule and then the flood 

proposal on the biofuels that came out, from our perspective, a lot 

of the farmers in my state just feel like they have not had a lot 

of say over how this works and there have clearly been some, especially with the waters of the U.S., some—there has not been 

enough input in terms of from the beginning, before the rule came 

out, as there was with the biofuels rule, also, there was not input, 

from my perspective. How can you better coordinate, with your experience with the EPA, on issues that affect farmers and ranchers? 

Mr. PRIETO. Again, thank you, Senator, and I understand the importance of my role to ensure that we are coordinating. I am committed, again, to continue doing what we are doing. If confirmed, 

I will continue that OGC serves in that role, that we are raising 

the issues of importance in any of the processes that we are involved in, and that is definitely one that we are involved in. We 

will continue to serve in that role to ensure that those interests are 

considered. 

Senator KLOBUCHAR. Thank you very much. 

I have also been working hard on two other issues. One is trade 

with Cuba. I am leading the bill to lift the trade embargo. As you 

know, we have got a lot of exports going on under the humanitarian exemption. Minnesota alone is $20 million. On the bill with 

me are Senators Enzi and Flake, Paul, Stabenow, Leahy, Durbin, 

and other Senators have been added this week. Does the U.S. discriminate against other trading partners like we do Cuba? How do 

you see the Agriculture Department working better in terms of trying to make sure that we use some of the trade promotion monies 

and other things to further this effort? 

Mr. PRIETO. Senator, that is something that, again, USDA obviously has a significant international presence in terms of what we 

have done—— 

Senator KLOBUCHAR. They have been very—Secretary Vilsack 

has been incredibly supportive in terms of trying to get this done. 

Mr. PRIETO. We will continue to do so if committed, and I continue to be committed to working with you on these particular 

issues. They are of incredible importance to USDA and we are committed to working with you, with your staff on these issues. 

10 

Senator KLOBUCHAR. Okay. Thank you. 

Last, just more to call your attention, because the USDA has 

helped me with this in the past, particularly Secretary Vilsack, we 

have too many wolves in Minnesota and we actually went through 

a process to de-list the wolves. It was successful. We got it done. 

Our state was managing them. Then not all the groups, not the 

Wildlife Federation, not a number of them, sort of were letting it 

be, but then two groups brought—maybe others, but two groups 

brought a suit, the Center for Biological Diversity and also the Humane Society, once again, on the de-listing, and now we are no 

longer able to manage the wolves. We have about double the number of wolves we are supposed to have in Minnesota. 

I believe in the Endangered Species Act, I truly do, but this has 

gone on again, and so I am just warning you that this issue will 

probably be coming across your desk, only because we are out of 

options here. Obviously, Interior is appealing the decision, which 

we appreciate, but this is—it just keeps going, and I wish these 

groups that do respect the Act would understand that at some 

point, it is not supposed to be used to keep species in the—under 

the auspices of the Act forever. It is supposed to be used to make 

sure we have enough of a species, and then at some point, they get 

out from under the Act. But, that is not how they are using the 

Act, given the numbers. 

The other thing you need to know is one of the reasons given in 

the court decisions was that we did not have a management plan 

for all of Minnesota. Well, that is because the wolves are not supposed to live in all of Minnesota. They are supposed to live in 

Northern Minnesota. They are not supposed to be at the Mall of 

America or the Mayo Clinic. 

So, as a lawyer, when you look at this, I hope you can examine 

this, as well, because it is important to farmers and ranchers. We 

have got a lot of, just in the last week, a number of pets that were 

eaten by these wolves. Some of them are sick and they are running 

around chasing snowmobiles. It sounds small, but we are concerned 

about it. While wolves do not necessarily prey on people at all, 

when they are sick and would naturally not still be around, they 

do. So, we have had someone bitten on the face and we are getting 

very concerned about it because our wolves are around cabins. 

They are not just out in ranches like they might be out in the western part of our country. Okay? 

Mr. PRIETO. Thank you, Senator. 

Senator KLOBUCHAR. Thank you. 

Mr. PRIETO. Thank you very much for that information. 

Chairman ROBERTS. Senator Tillis. 

Senator TILLIS. Thank you, Mr. Chair. 

Senator Klobuchar, you may be surprised that we have a red 

wolf problem in North Carolina, so I understand some of the concerns. 

I am going to be very brief. First, welcome to your family and 

thank you for the very articulate opening statements. 

My question has more to do with—I completely agree with everything the Chairman said about the EPA rulemaking process on 

WOTUS. I think it is wrong on several levels. I spent Monday with 

a farmer down in North Carolina—by the way, we are the sweet 

11 

potato capital of the world. But, repeatedly, they talk about regulations that maybe at one point in time made sense, but now they 

have just been layered and layered and layered. There is this 

ratchet effect with regulations that it seems like no agency ever 

really goes back and cleans them up, maybe nipping around the 

edges. 

So, what role do you think the Department can play in looking 

at not only the regulations you are responsible for, but the multiple 

regulatory agencies that come out to a farm? Frequently, multiple 

agencies are involved in pushing the same regulations, not unlike 

the regulatory landscape in the financial markets. 

What can we do, or what role do you think the Department can 

play to go back and say, is this rational? Is there a way to make 

it more efficient and less intrusive and still achieve the regulatory 

outcomes? We may disagree that some regulations may or may not 

be necessary, but we can always agree to evaluate how we can be 

doing a better job. 

Is there a role to be played by the USDA to help our farmers out 

and still get the regulations right? 

Mr. PRIETO. Senator, thank you very much for that question. I 

believe it is, and it is one that we continue to play. As I indicated, 

we very strongly play a consulting role to ensure that the interest 

of USDA, the interest of the agricultural communities are reflected, 

and I am committed to continuing to play that role. It is a role that 

the Secretary plays and it is a role that we will continue to play 

to ensure that the interest of the communities that you have described are reflected, and I think that is what, hopefully, I bring 

in terms of working with the federal government, understanding 

that role and to do it as effectively as possible. 

Senator TILLIS. Thank you. In the interest of time, I am just 

going to submit other questions. I look forward to supporting your 

confirmation. 

Mr. Chair, I would like to say that I stand proud here with you 

as the lone member left. 

[Laughter.] 

Chairman ROBERTS. Well, Marines are used to that. 

Mr. Prieto, thank you for your time and willingness to be considered, for your service at the Department as the General Counsel. 

We look forward to that. 

As you know, we are not voting on your nomination today, but 

I promise you we will work to schedule a business meeting as expeditiously—hopefully off the floor—as possible for a committee vote. 

To that end, I ask members to submit any additional questions for 

the record by 5:00 tomorrow, Friday, May 2. 

I just want to say one thing with regard to Senator Klobuchar’s 

remark about farmers in her State concerned about not being 

heard on this waters of the U.S. situation. They are being heard. 

We had a hearing right here in this room. This place was packed 

with people, and we had representatives from all over the country 

expressing their concern about this rule. 

We heard them nine months ago when we were talking with nine 

Senators, a bipartisan group, with the Administrator of EPA, Gina 

McCarthy. I pointed out there were two lines in the legislation, 

‘‘Normal cropping operations are exempted,’’ and then we went into 

12 

88 pages in the Federal Register where still people are trying to 

figure it out. 

Every farm organization, every farm group, every commodity 

group, everybody involved in agriculture, every small community 

sent in their commentary. So, yes, we are heard, but they did not 

listen. They stacked the deck, and they stacked the deck in a way 

that I think could have broken federal law. As you can tell, I am 

pretty upset about it. 

So, we are going to continue our oversight responsibility. I credit 

Senator Jim Inhofe for asking for some consideration with regards 

to an investigation by the GAO. We will be following that closely. 

He has the jurisdiction with regards to legislation, but we set the 

predicate, and I want everybody in this room to understand that 

farmers were heard. The fact that EPA stacked the deck against 

them, this is—it is not only disingenuous, it tears at the very basic 

commentary system that we have in this country were Congress— 

or some agency with an agenda passes a rule, and then we have 

a commentary period. Why even have a commentary period if we 

are not going to listen? Further observations, I will offer, if not. 

But, the committee stands adjourned. 

[Whereupon, at 10:33 a.m., the committee was adjourned.] 

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A P P E N D I X 

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DOCUMENTS SUBMITTED FOR THE RECORD 

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QUESTIONS AND ANSWERS 

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