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S. HRG. 113–141 

CROLEY, SMITH, AND KIAAINA NOMINATIONS 

HEARING 

BEFORE THE

COMMITTEE ON 

ENERGY AND NATURAL RESOURCES 

UNITED STATES SENATE 

ONE HUNDRED THIRTEENTH CONGRESS 

FIRST SESSION 

ON

THE NOMINATIONS OF DR. STEVEN P. CROLEY TO BE GENERAL COUNSEL OF THE DEPARTMENT OF ENERGY, MR. CHRISTOPHER A. SMITH 

TO BE ASSISTANT SECRETARY OF ENERGY (FOSSIL ENERGY), AND 

MS. ESTHER P. KIAAINA TO BE ASSISTANT SECRETARY OF THE INTERIOR FOR INSULAR AREAS 

NOVEMBER 14, 2013 

( 

Printed for the use of the 

Committee on Energy and Natural Resources 

(II) 

COMMITTEE ON ENERGY AND NATURAL RESOURCES 

RON WYDEN, Oregon, Chairman 

TIM JOHNSON, South Dakota 

MARY L. LANDRIEU, Louisiana 

MARIA CANTWELL, Washington 

BERNARD SANDERS, Vermont 

DEBBIE STABENOW, Michigan 

MARK UDALL, Colorado 

AL FRANKEN, Minnesota 

JOE MANCHIN, III, West Virginia 

BRIAN SCHATZ, Hawaii 

MARTIN HEINRICH, New Mexico 

TAMMY BALDWIN, Wisconsin 

LISA MURKOWSKI, Alaska 

JOHN BARRASSO, Wyoming 

JAMES E. RISCH, Idaho 

MIKE LEE, Utah 

DEAN HELLER, Nevada 

JEFF FLAKE, Arizona 

TIM SCOTT, South Carolina 

LAMAR ALEXANDER, Tennessee 

ROB PORTMAN, Ohio 

JOHN HOEVEN, North Dakota 

JOSHUA SHEINKMAN, Staff Director 

SAM E. FOWLER, Chief Counsel 

KAREN K. BILLUPS, Republican Staff Director 

PATRICK J. MCCORMICK III, Republican Chief Counsel 

(III) 

C O N T E N T S 

STATEMENTS 

Page 

Croley, Steven P., Nominee to be General Counsel, Department of Energy ...... 8 

Hirono, Hon. Mazie K., U.S. Senator From Hawaii .............................................. 2 

Kiaaina, Esther P., Nominee to be Assistant Secretary for Insular Areas, 

Department of the Interior .................................................................................. 13 

Landrieu, Hon. Mary, U.S. Senator From Louisiana ........................................... 16 

Murkowski, Hon. Lisa, U.S. Senator From Alaska ............................................... 5 

Schatz, Hon. Brian, U.S. Senator From Hawaii ................................................... 4 

Smith, Christopher, Nominee to be Assistant Secretary for Fossil Energy, 

Department of Energy ......................................................................................... 10 

Stabenow, Debbie, U.S. Senator From Michigan .................................................. 7 

Wyden, Hon. Ron, U.S. Senator From Oregon ...................................................... 1 

APPENDIXES 

APPENDIX I 

Responses to additional questions .......................................................................... 39 

APPENDIX II 

Additional material submitted for the record ........................................................ 48 

(1) 

CROLEY, SMITH, AND KIAAINA NOMINATIONS 

THURSDAY, NOVEMBER 14, 2013, 

U.S. SENATE, 

COMMITTEE ON ENERGY AND NATURAL RESOURCES, 

Washington, DC. 

The committee met, pursuant to notice, at 9:39 a.m. in room SD– 

366, Dirksen Senate Office Building, Hon. Ron Wyden, chairman, 

presiding. 

OPENING STATEMENT OF HON. RON WYDEN, U.S. SENATOR 

FROM OREGON 

The CHAIRMAN. The committee will come to order. 

The committee is going to work this morning on 2 matters. 

We’re going to conduct a short business meeting to consider 3 

military land withdrawal bills needed to reserve public land for 6 

military bases. As soon as we have a quorum for action, we’ll proceed to address each of those matters. None of them are controversial. We’ll move expeditiously. 

Until we have that quorum, we’re going to begin this morning 

with a hearing to consider 3 nominations. 

Dr. Steven Croley, to be the General Counsel of the Department 

of Energy. 

Mr. Christopher Smith, to be an Assistant Secretary of Energy 

for Fossil Energy. 

Ms. Esther Kiaaina, I hope I’m not doing too much violence to 

that. 

Senator SCHATZ. Mr. Chairman, Kia’aina. 

The CHAIRMAN. Kia’aina. Alright. That is the fourth possible pronunciation I’ve been given in the last half an hour. We’re delighted 

to have you. 

You’ll be an excellent nominee. I’ll just put it that way. 

Alright, let us then, we have some introductions that are going 

to begin this morning. 

Why don’t we begin with Senator Hirono? I know you have a 

tight time schedule. 

Senator Schatz, would you like to make some introductory comments as well? 

Senator SCHATZ. I defer to Senator Hirono and then we can go 

through the regular order. 

The CHAIRMAN. Very good. 

Senator Hirono. 

2 

STATEMENT OF HON. MAZIE HIRONO, U.S. SENATOR 

FROM HAWAII 

Senator HIRONO. Thank you very much, Senator Schatz. 

Chairman Wyden and members of the committee and of course, 

my colleague from Hawaii, Senator Schatz, thank you very much 

for the opportunity to be here this morning to introduce a very well 

qualified nominee and a person I’m honored to call a friend, Esther 

Kiaaina. 

The CHAIRMAN. Kiaaina. 

Senator HIRONO. Esther has dedicated herself to public service, 

especially on behalf of the people of Hawaii and the Pacific. It is 

because of her work, her knowledge of the area, the issues and the 

people that her nomination to serve as Assistant Secretary for Insular Affairs is so appropriate. 

Regarded in Hawaii for her extensive knowledge of native Hawaiian issues, Esther is also respected for her knowledge of the entire region from Guam to the freely associated States. 

Hawaii’s relationship with our fellow Pacific Island territories 

and nations is strong. Many citizens of the freely associated states, 

the Republic of Palau, the Republic of the Marshall Islands, the 

Federated States of Micronesia reside in Hawaii through their respective Nation’s compact with the United States. As Hawaii has 

always done, we welcome this new influx of cultures and people. 

That is not to say that there have not been some growing pains. 

But legislation, like the Compact Impact Reimbursement Act which 

Esther helped craft has helped ease some of the strain. 

Esther also spent time working for the people of Guam serving 

as the Chief of Staff for then Congressman Robert Underwood. 

Here again Esther’s knowledge about the culture of Guam, its people and its issues were apparent. Navigating the complexities of 

cultural sensitivities while working with the Federal bureaucracy 

on an issue such as land ownership is no easy feat. But Esther’s 

understanding of Guam helped to shepherd through both the Guam 

Excess Land Act and later the Guam Land Reform Act. 

The former resulted in the returning of 3,200 acres of land from 

the Federal Government to the territory and the later guarantees 

the government of Guam the right of first refusal to any Federal 

excess lands in the territory. 

It may be easy to downplay this understanding of other islands, 

cultures and people as an intrinsic part of anyone from Hawaii. 

Geographically we are a chain of islands, after all. Certainly there 

are some parallels. But I believe and I’m confident that the committee will come to see that Esther possesses an in-depth knowledge and passion for this region and its people that makes her 

uniquely well qualified and suited for this position. 

Thank you again for your latitude and allowing me to speak on 

her nomination. I’m confident that the committee will find that Esther truly is the best nominee for guiding our relationship with the 

territories and the independent nations of the Pacific. 

Aloha to you, Mr. Chairman and this committee. 

The CHAIRMAN. Thank you so much, Senator. 

I noticed you’ve called our nominee Esther. I was debating 

whether to call her Esther or the nominee, but I believe now I can 

say, Ms. Kiaaina is very lucky to have you in her corner. 

3 

Senator HIRONO. As well as Senator Schatz. 

The CHAIRMAN. Senator Schatz as well. 

We’ll excuse you at this time. 

Senator HIRONO. Thank you. 

The CHAIRMAN. Alright. 

So let us proceed then with the hearing with respect to our nominees. We are still short of a quorum. So let me explain the rules 

of the committee to each of the nominees. 

The rules of the committee which apply to all nominees require 

that they be sworn in connection with their testimony. 

So please rise and raise your right hand. 

Do you solemnly swear the testimony you’re about to give to the 

Senate Committee on Energy and Natural Resources shall be the 

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

[A Chorus of I do.] 

The CHAIRMAN. You all can be seated. 

Yes, before you begin your statement let me ask 3 questions addressed to each nominee before this committee. 

First, will you be available to appear before the committee and 

other congressional committees to represent departmental positions 

and respond to issues of concern to the Congress? 

[A Chorus of I will.] 

The CHAIRMAN. 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 you’ve been nominated by the President? 

[A Chorus of no.] 

The CHAIRMAN. Are you involved or do you have any assets held 

in a blind trust? 

[A Chorus of no.] 

The CHAIRMAN. Alright. 

Let me invite the nominees to introduce their family members. 

Then before you all make your opening statements I want to recognize our colleague from Hawaii. But please if all of you will introduce your family members. That’s a tradition that we’re proud of 

here at this committee. 

Why don’t we begin with you on that, Dr. Croley. 

Mr. CROLEY. Thank you, Mr. Chairman. I’d like to introduce my 

wife, who is here—from Detroit. I’d also like to acknowledge my 

children: Jack, Anna, Harry and Matt, who are not here physically, 

but are with us virtually. 

The CHAIRMAN. Very good. 

Mr. Smith. 

Mr. SMITH. Thank you, Mr. Chairman. 

First of all I’d like to introduce and thank my wife, Patricia, who 

is here with us today. I’d also like to introduce my 2 children, Andrew and Amanda, 7 and 9, who are also joining us. 

I’d like to introduce my mother-in-law, Ms. Yoshea Hardening, 

who is visiting with us. 

I’d also like to introduce, Ms. Talia DeSantacompos, who is living 

with our family for a year. So that’s my support network. 

The CHAIRMAN. Very good. We’re glad that they are all here. 

Let us then have any introductions from Ms. Kiaaina. 

4 

Ms. KIAAINA. Mr. Chairman, regrettably my mother, for health 

reasons, was unable to be here as well as for my siblings, who help 

to take care of her. But I’m heartened to have a lot of friends from 

Hawaii, the Pacific and Washington, DC here today to support me. 

I do know that my family is watching via the Internet. 

[Laughter.] 

Ms. KIAAINA. So I wanted to say, hello and good morning at 4:30 

in the morning Hawaii Time. 

The CHAIRMAN. Very good. 

Let’s recognize Senator Schatz and then I want to recognize my 

friend and colleague, the Ranking Minority Member, Senator Murkowski. 

STATEMENT OF HON. BRIAN SCHATZ, U.S. SENATOR 

FROM HAWAII 

Senator SCHATZ. Thank you, Mr. Chairman. 

It gives me great pleasure and pride to introduce a highly qualified nominee for Assistant Secretary for Insular Affairs and my 

friend, Esther Kiaaina. I’d like to welcome Esther and thank her 

for appearing before the committee. I cannot think of a better candidate for this position. 

Esther brings not only a deep knowledge of the territories and 

freely associated states to Insular Affairs, but also practical, on the 

ground experience. She knows the places, the people and the 

issues. 

All of the United States territories and freely associated states, 

but perhaps especially those in the Pacific, have a unique strategic 

importance to our country. I’m confident that Esther’s leadership 

will help to deepen and improve the connection between these special places and the rest of the country. I’m glad to see Congressional leadership from throughout the Pacific region here to support Ms. Kiaaina’s nomination. 

With nearly 2 decades worth of experience on Capitol Hill as a 

Chief of Staff to former U.S. Representative Case and Robert 

Underwood and as Legislative Assistant to former Senator Daniel 

Akaka. Esther was instrumental in the passage of legislative initiatives impacting native Hawaiians, U.S. territories and the freely 

associated states. As Senator Hirono noted these include the Compact Impact Reimbursement Act and several bills, especially important to Guam, such as the Guam Land Return Act. 

Esther currently, skillfully, serves as the First Deputy Director 

of the Hawaii Department of Land and Natural Resources where 

she oversees the management of 1.3 million acres of public lands 

and near shore ocean resources in the State of Hawaii. In our State 

Esther has worked to protect watersheds and threatened and endangered species, control invasive species, preserve land and 

oceans and strengthen public/private and enforcement partnerships. 

Esther graduated from the Kamehameha Schools in Honolulu, 

earned her BA in Political Science and International Relations 

from USC and a JD from the George Washington University Law 

School. She also attended the Johns Hopkins University’s School of 

Advanced International Studies. 

All of us in Hawaii are very, very proud of her. 

5 

If confirmed, I know she will use her experience and expertise to 

lead the Department of Interior’s efforts to coordinate Federal policy for Guam, the Commonwealth of the Northern Mariana Islands 

and the U.S. Virgin Islands and American Samoa. She would also 

have the responsibility to administer and to oversee Federal assistance to the Federated States of Micronesia, the Republic of the 

Marshall Islands and the Republic of Palau. 

I’m deeply thankful for Esther’s service and look forward to her 

confirmation. She is the most qualified candidate for this position. 

She will be one of the highest ranking native Hawaiian women in 

the Administration as well as one of the highest ranking people 

from Hawaii in this Administration. 

Once confirmed Esther will hold a top leadership position on policy and one of the largest agencies in the executive branch. 

I look forward to today’s hearing. As this position has gone unfilled for more than 1 year, I expect and hope for an expeditious 

and efficient confirmation process. 

Thank you, Mr. Chairman and thank you Ms. Kiaaina. 

The CHAIRMAN. Thank you, Senator Schatz. 

Suffice it to say, Ms. Kiaaina, you know that Senator Schatz is 

doing important work. So he’ll be an important partner for you. He 

chairs our Water and Power Subcommittee doing important legislation, the Hawaii homes legislation. So I know he’s looking forward 

to having you in this position, as am I. 

So let us now hear from Senator Murkowski for her opening 

statement. 

For colleagues who have just come in, we’re, even by Senate 

standards, a little hectic this morning. When we have a quorum 

we’re going to have a short business meeting to handle 3 pieces of 

legislation which are non-controversial. Until we have a quorum 

we’re going to proceed with our nominations. 

At this point let’s hear from Senator Murkowski. 

STATEMENT OF HON. LISA MURKOWSKI, U.S. SENATOR 

FROM ALASKA 

Senator MURKOWSKI. Thank you, Mr. Chairman. I apologize to 

the committee for my tardy arrival this morning. But thank you for 

joining us this morning to each of the nominees that are before us. 

Before I make comments as to our nominees, I want to briefly 

make a statement about the legislation that will take up, hopefully, 

when we get a quorum here. 

But I am pleased that we have been able to schedule a markup 

to consider several military withdrawal bills. These withdrawals of 

our public lands are critical to support military readiness and can 

only be accomplished through Congressional action. I’m pleased 

that this committee will have done its work on these withdrawals 

effectively and efficiently. 

We know that the National Defense Authorization bill is going 

to be coming to the Floor soon, hopefully very, very soon. This work 

product can be included within that. Many of these land withdrawals are expiring next year. So it’s important that we act expeditiously as a committee. So I appreciate your willingness to do 

this, Mr. Chairman. 

6 

I would like to add my welcome to each of our nominees here this 

morning. I’d also like to acknowledge the presence here this morning of Congressman Sablan as well as Congresswoman Bordallo, always nice to have you before the committee here. 

Mr. Croley, you are a noted legal scholar, counselor. You’ve had 

an opportunity that has been afforded very few lawyers. That is the 

fact that you’ve provided counsel to the President in the White 

House. 

It is my hope that you will bring that experience to bear as you 

move to become the Senior Legal Officer of the Department of Energy and the leader of many, many lawyers in the General Counsel’s office there. It’s no secret that I’m of the view that adherence 

to the rule of law, close attention to the requirements of the applicable statutes and good practical, legal advice are absolutely necessary in all of our agencies. DOE is certainly no exception there. 

So whether the subject is Loan Guarantee Program or perhaps 

the licensing of a repository for spent nuclear fuel, solid, legal advice, well within the main stream, I think, serves the Department 

well. So I’m eager to hear about your plans and aspirations for refinement in that regard. 

Mr. Smith, welcome back to the committee to you. I have appreciated your preparation, your candor in prior appearances before 

the committee. No doubt those good habits matured at West Point 

and grew even stronger during your career in the private sector 

and in government. 

I’m counting on you for your perspective. I hope that you will be 

a vigorous advocate for affordable and reliable energy from sources 

that are far too often, perhaps maligned. I think you have a challenging position at this time especially now when many want to 

count out energy from hydrocarbons just as we are unlocking their 

abundance and improving their environmental performance. I 

think dramatically. 

So, I’m expecting you to call the issues within your portfolio as 

the evidence dictates and to stand up and be counted within DOE, 

across government and beyond. 

Finally, Ms. Kia—now I’m going to say it because I can. 

[Laughter.] 

Senator MURKOWSKI. Kiaaina. Key Ianna. 

Ms. KIAAINA. Yes. 

Senator MURKOWSKI. Key Ianna. I had to think about it. All the 

vowels. 

Senator FRANKEN. If the Ranking Member hadn’t been late, you 

would have known that. 

[Laughter.] 

Senator MURKOWSKI. I understand that. That’s why I insisted on 

doing it myself rather than asking for help because I know that it 

was a subject of discussion. 

[Laughter.] 

Senator MURKOWSKI. We will never forget your name, Esther. 

[Laughter.] 

The CHAIRMAN. Sticking up for Senator Murkowski, I’ve been 

trying and I was here on time. 

[Laughter.] 

7 

Senator MURKOWSKI. Kiaaina. Ms. Kiaaina. Welcome back to the 

Senate where you have served for many years on the staff of our 

distinguished former colleague, Senator Akaka. We miss him. 

Thank you for your years of service with him. 

As I believe you know our committee has a long, long tradition 

of meeting our responsibilities with respect to our insular affairs in 

a non-partisan way. We look forward to continuing that time tested 

approach on your watch. I’ll be listening carefully as you outline 

your qualifications and your priorities. 

But it’s important to hear from our colleague on the committee, 

Senator Schatz. I passed Senator Hirono in the hallway and she 

said she had just come from this hearing to testify on your behalf. 

So I know you have good, strong support from friends and family 

and supporters back home. So welcome to you, aloha. 

With that, Mr. Chairman, thank you. 

The CHAIRMAN. As we search for a quorum let’s have Senator 

Stabenow make an introduction of Mr. Smith. Then perhaps—— 

Senator STABENOW. Actually Dr. Croley. 

The CHAIRMAN. Oh, Dr. Croley, excuse my manners. 

Senator STABENOW. Yes. Yes. Yes. 

The CHAIRMAN. Hopefully the other 2 will appear. 

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

FROM MICHIGAN 

Senator STABENOW. Good morning. Yes and welcome to everyone. 

But I have to pull my—talk about our wonderful nominee for General Counsel, Department of Energy from Michigan. Actually Dr. 

Croley was born and raised in Dewitt, Michigan which is just a few 

miles north of where I live. So it’s great to see you. 

Mr. CROLEY. Thank you. 

Senator STABENOW. As well as all the nominees. 

But Mr. Chairman, Dr. Croley is a graduate of the University of 

Michigan and Yale Law School, earned his PhD in politics from 

Princeton University. I have to say it’s a very historic moment because I have 2 degrees from the rival institution of Michigan State 

University. I’m still willing to be here today introducing, a University of Michigan graduate. 

[Laughter.] 

Senator STABENOW. So very proud. 

Mr. CROLEY. Thank you. 

Senator STABENOW. He earned his prestigious clerkship on the 

U.S. Court of Appeals for the DC Circuit before returning home to 

Michigan in 1993 to become a law professor at the University of 

Michigan. He served 4 years as a Special Assistant U.S. Attorney 

for the Eastern District of Michigan before coming to work for the 

executive branch in 2010. Started working on regulatory issues for 

the White House Domestic Policy Counsel and became a Senior 

Counsel to the President. He’s currently at the White House Counsel’s Office as Deputy Assistant to the President and Deputy Counsel to the President. 

Mr. Chairman, he is recognized for his distinguished scholarship 

and deep knowledge of regulatory and administrative law by the 

American Bar Association. I do have to also say he is a very smart 

man, who married a very smart woman, who is now Associate JusVerDate Nov 24 2008 16:25 Jan 10, 2014 Jkt 000000 PO 00000 Frm 00011 Fmt 6633 Sfmt 6633 G:\DOCS\86167.TXT WANDA
8 

tice of the Michigan Supreme Court. So this is a very talented family and very respected family. 

I strongly support Dr. Croley’s nomination and confirmation as 

well as our other 2 nominees. 

So thank you for letting me say hello from Michigan. 

Mr. CROLEY. Thank you very much. 

The CHAIRMAN. Very good. I saw a little bit of the Michigan/ 

Michigan State back and forth a week ago when I was with Senator Stabenow. So you’re lucky to have her in your corner. 

So let’s at this point recognize each of you to make your opening 

statements. When we do have a quorum which you could probably 

tell we are feverishly working to produce, we’ll vote on the business 

matters and then come back to your nominations. 

But we’ll make your prepared statements a part of the record in 

their entirety. 

Why don’t we just begin with you, Dr. Croley. 

TESTIMONY OF STEVEN P. CROLEY, NOMINEE TO BE GENERAL 

COUNSEL, DEPARTMENT OF ENERGY 

Mr. CROLEY. Thank you. Chairman Wyden, Ranking Member 

Murkowski, distinguished members of the committee, thank you all 

very much for the opportunity to appear before you here today. It 

is a great honor. 

First I would like to thank President Obama for nominating me 

to serve as General Counsel of the U.S. Department of Energy. If 

confirmed I would work very hard to justify the confidence he has 

placed in me for that role. 

I would like also to thank Secretary Moniz for his confidence too 

in asking me to serve as his counsel. I would be privileged to advise him and his team as they work to ensure the Nation’s energy 

supply, to support our economic growth and safeguard our national 

security. 

I would also like to thank my wife, Bridget, who is here this 

morning, my children Jack, Anna, Harry and Matt, my parents 

Harold and Martha and my friends and colleagues for their love, 

their support and their good example. Without the encouragement 

of my family I would not be here today. 

Mr. Chairman, as you know the General Counsel is the principle 

legal officer of the Energy Department. The General Counsel provides legal advice and counsel to the Secretary and his colleagues, 

represents the Department before other Federal agencies and 

works with the Department of Justice to represent the Energy Department in the Federal courts. Fundamentally, the General Counsel is responsible for ensuring that the Department operates in full 

compliance with the law. 

Of course, the General Counsel does not do these things alone. 

The Department has a dedicated and knowledgeable staff of attorneys. If confirmed I would look forward to working with them, 

learning from them and drawing on their deep expertise. 

As Senator Stabenow mentioned, I grew up in a small town in 

mid-Michigan and attended college at the University of Michigan. 

After graduation I attended the Yale Law School. Following a judicial clerkship I graduated from the Graduate School at Princeton 

University. 

9 

In 1993 I returned to my home State to join the faculty at the 

University of Michigan Law School. I was subsequently promoted 

to professor and later named the Harry Burns Hutchins Collegiate 

Professor of Law. 

From 2003 to 2006 I served as the Law School’s Associate Dean 

for Academic Affairs. 

In 2010 I was elected in the American Law Institute. 

I did not attend law school in order to become a scholar, however, I always aspired to serve others and serve the public. 

After earning tenure in 1998 I began representing individual clients in various civil and criminal matters in State and Federal 

court. 

In 2006 I became a Special Assistant U.S. Attorney in the Eastern District of Michigan. 

Until 2010 I represented the United States in a wide variety of 

affirmative and defensive civil litigation. It is an experience that 

gave me invaluable insight into our Federal courts. It was a great 

privilege to represent the interests of the United States in court. 

In 2010 I joined the Domestic Policy Counsel at the White House 

where I served as Special Assistant to the President for Justice and 

Regulatory Policy. 

In 2011 I joined the Office of White House Counsel as Senior 

Counsel to the President. 

In 2012 I was named Deputy Counsel to the President. 

As Deputy White House Counsel I managed a team of lawyers 

to work on the full range of domestic legal issues. I have also 

worked closely with the Department of Justice and the Office of 

Management and Budget. Energy issues have been one of my own 

areas of interest. My experience as Deputy White House Counsel 

would serve me well in assisting Secretary Moniz and other clients 

at the Department of Energy. 

Having said all that no one does his or her best work alone, at 

least I did not. I am a strong believer in team work. If confirmed 

I would depend not only on my colleagues at the Energy Department, but also seek opportunities to work closely with this committee. I would strive to prove myself collegial, pragmatic and tireless to you and your staffs. 

Mr. Chairman, thank you again for the opportunity to appear before you. I look forward to answering any questions. 

[The prepared statement of Mr. Croley follows:] 

PREPARED STATEMENT OF STEVEN P. CROLEY, NOMINEE TO BE GENERAL COUNSEL, DEPARTMENT OF ENERGY

Chairman Wyden, Ranking Member Murkowski, distinguished Members of the 

Committee, thank you all very much for the opportunity to appear before you today. 

It is a great honor. 

First, I would like to thank President Obama for nominating me to serve as General Counsel of the U.S. Department of Energy. If confirmed, I would work very 

hard to justify the confidence he has placed in me to serve in that role. 

I also want to thank Secretary Moniz, for his confidence too, in asking me to serve 

as his counsel. I would be privileged to advise him and his team as they work to 

ensure the Nation’s energy supply, support our economic growth, and safeguard our 

national security. 

I would also like to thank my wife, Bridget, my children, Jack, Anna, Harry, and 

Matt, my parents Harold and Martha, and my friends and colleagues for their love, 

support, and good example. Without the encouragement of my family, I would not 

be here today. 

10 

Mr. Chairman, as you know, the General Counsel is the principal legal officer of 

the Energy Department. The General Counsel provides legal advice and counsel to 

the Secretary and his colleagues, represents the Department before other Federal 

agencies, and works with the Department of Justice to represent the Energy Department in the federal courts. Fundamentally, the General Counsel is responsible for 

ensuring that the Department operates in full compliance with the law. Of course, 

the General Counsel does not do all of this alone; the Department has a dedicated 

and knowledgeable staff of attorneys. If confirmed, I would look forward to working 

with them, learning from them, and drawing on their deep expertise. 

I grew up in a small town in mid-Michigan, and attended college at the University 

of Michigan. After graduation, I attended the Yale Law School. Then, following a 

judicial clerkship with the Honorable Stephen F. Williams on the U.S. Court of Appeals for the District of Columbia Circuit, I attended graduate school at Princeton 

University, where I earned a Ph.D. in Politics. In 1993, I returned to my home State 

to join the faculty at the University of Michigan Law School. I was subsequently 

promoted to Professor, and later named the Harry Burns Hutchins Collegiate Professor of Law. From 2003 to 2006, I served as the Law School’s Associate Dean for 

Academic Affairs. In 2010, I was elected into the American Law Institute. In 2004, 

I received the American Bar Association’s award for Distinguished Scholarship in 

Administrative Law. 

I did not attend law school in order to become a scholar, however. I always aspired to serve others, and serve the public. After earning tenure in 1998, I began 

representing individual clients in various civil and criminal matters in state and 

federal court. In 2006, I became a Special Assistant U.S. Attorney in the Eastern 

District of Michigan. Until 2010, I represented the United States in affirmative and 

defensive civil litigation. Handling discovery, dispositive motions, trials, and appeals 

in civil fraud cases, constitutional cases, environmental matters, forfeiture claims, 

immigration cases, and tort claims, among others, I gained invaluable litigation experience. It was a great privilege to represent the interests of the United States in 

court. 

In 2010, I joined the Domestic Policy Council at the White House, where I served 

as Special Assistant to the President for Justice and Regulatory Policy. In 2011, I 

joined the Office of White House Counsel as a Senior Counsel to the President. In 

2012, I was named Deputy Counsel to the President. As Deputy White House Counsel, I have managed a team of lawyers who work on the full range of domestic legal 

issues. I have also worked closely with the Department of Justice and the Office of 

Management and Budget. Energy issues have been one of my own areas of focus. 

My experience as Deputy White House Counsel would serve me well in assisting 

Secretary Moniz and other clients at the Department of Energy. 

Yet, no one does his or her best work alone; at least I do not. I am a strong believer in teamwork. If confirmed, I would not only depend on my colleagues at the 

Department, but also seek opportunities to work closely with this committee. I 

would strive to prove myself collegial, pragmatic, and tireless to you and your staffs. 

Mr. Chairman, thank you again for the opportunity to appear before you. I look 

forward to answering any questions you may have. 

The CHAIRMAN. Dr. Croley, thank you. 

Mr. Smith. 

TESTIMONY OF CHRISTOPHER SMITH, NOMINEE TO BE ASSISTANT SECRETARY FOR FOSSIL ENERGY, DEPARTMENT 

OF ENERGY 

Mr. SMITH. Thank you, Chairman. 

Chairman Wyden, Ranking Member Murkowski and members of 

the committee, I appreciate this opportunity to appear before you 

here today as President Obama’s nominee for Assistant Secretary 

for Fossil Energy at the United States Department of Energy. 

I would like to begin my statement by expressing my gratitude 

to the President for the confidence that he has demonstrated in me 

in this nomination. I’m honored. Should I be confirmed I will do my 

best to meet that confidence. 

I would also like to thank Secretary Ernie Moniz for his support 

and for his leadership of the Department of Energy. 

11 

I also thank my wife, Patricia and my children, Andrew and 

Amanda. Their support and encouragement make it possible for me 

to spend the long hours and do the hard work that’s required to 

serve the American people. 

Finally, Mr. Chairman, I want to recognize my parents, Raymond 

Clyde Smith, Jr., originally of Anderson, Texas and Sue Ann 

Smith, originally of Belton, Texas, who are both here with us this 

morning. I am sitting here today because of their example and support throughout my life. 

Mr. Chairman, growing up in Fort Worth, Texas, the son of a 

veteran, I was taught early on the importance of duty and service 

to my country. That led me to seek an appointment to the United 

States Military Academy at West Point where I studied engineering management and mechanical engineering. Upon graduating 

from West Point I had the privilege of serving as an army combat 

engineer in the second infantry division and the 25th infantry division. 

I began my post military career in finance holding positions with 

Citibank and with JP Morgan in New York City and in London. 

Working in England afforded me the opportunity to study at 

Cambridge University where I received a Master of Business Administration degree. 

Subsequently I worked with Chevron where I was engaged in 

business development and natural gas marketing. During this time 

I lived for 3 years in Bogota, Columbia where I initiated negotiations on the first ever gas pipeline between Columbia and Venezuela. 

In 2009, after 11 years in the oil and gas industry, I was asked 

to serve as Deputy Assistant Secretary for oil and natural gas in 

the Department of Energy’s Office of Fossil Energy. In this position 

I led the Department’s oil and gas programs including research and 

development, policy analysis and liquefied natural gas import and 

export licensing. 

This truly has been an eventful period in our Nation’s history 

with respect to domestic oil and gas development. In 2010 when 

the Deep Water Horizon oil spill occurred off the coast of Louisiana 

in the Gulf of Mexico I was appointed as the designated Federal 

official for the Commission that President Obama established to investigate the root causes of that spill. In addition I led the multiagency effort to coordinate research on the sustainable development of shale gas and tight oil resources. 

In February of this year, I was named Principle Deputy Assistant Secretary for Fossil Energy. Since then I have also served as 

the Acting Assistant Secretary managing the Office of Fossil Energy’s programs and day to day operations. 

Mr. Chairman, we live in an exciting time. The development of 

our Nation’s energy resources is reaping benefits that were not 

imagined just a few short years ago. We have before us an opportunity to invest, to innovate, to create jobs and to support energy 

security all the while addressing climate change and reducing 

greenhouse gas emissions. Accomplishing this will require us to 

harness all of our sources of domestic energy. The Office of Fossil 

Energy has played and will continue to play an important role in 

meeting that challenge. 

12 

I believe that my background, experience and commitment have 

prepared me to lead the Office of Fossil Energy during this particularly critical time. I welcome the opportunity to continue my service to the Nation as Assistant Secretary. 

If confirmed I pledge to work closely with this committee and 

others in Congress to ensure that our Nation’s abundant energy resources are developed in a way that is sustainable and will 

strengthen our economy. 

Mr. Chairman, I thank you again for the opportunity to appear 

before you here today. I look forward to answering any questions 

that you or the committee may have. 

Thank you. 

[The prepared statement of Mr. Smith follows:] 

PREPARED STATEMENT OF CHRISTOPHER SMITH, NOMINEE TO BE ASSISTANT

SECRETARY FOR FOSSIL ENERGY, DEPARTMENT OF ENERGY

Chairman Wyden, Ranking Member Murkowski, members of the Committee: I appreciate the opportunity to appear before you today as President Obama’s nominee 

for Assistant Secretary for Fossil Energy at the United States Department of Energy. 

I would like to begin my statement by expressing my gratitude to the President 

for the confidence in me that he has demonstrated in this nomination. I am honored, and—should I be confirmed—I will do my best to meet that confidence. 

I would also like to thank Secretary Moniz for his support and for his leadership 

of the Department of Energy. 

I also thank my wife, Patricia, and my children, Andrew and Amanda. Their support and encouragement make it possible for me to spend the long hours and do 

the hard work required to serve the American people. 

And finally, Mr. Chairman, I want to recognize my parents, Mr. Raymond Clyde 

Smith Jr, originally of Anderson, Texas, and Mrs. Sue Ann Smith, originally of 

Belton Texas, who both are here this morning. I am sitting here today because of 

their example and support throughout my life. 

Mr. Chairman, growing up in Fort Worth, Texas, the son of a veteran, I was 

taught early on the importance of duty and service to my country. That commitment 

to service and duty led me to seek an appointment to the United States Military 

Academy at West Point, where I studied engineering management and 

mechanicalengineering. Upon graduating from West Point, I had the privilege of 

serving as an Army combat engineer in the 2nd Infantry Division and the 25th Infantry Division. 

I began my post-military career in finance, holding positions with Citibank and 

J.P. Morgan in New York City and London. Working in England afforded me the 

opportunity to study at Cambridge University, where I received a Master of Business Administration degree. Subsequently, I accepted a position with Texaco (which 

was later acquired by Chevron), where I was engaged in business development and 

natural gas marketing. During this time, I worked for three years in Latin America, 

where I initiated negotiations on the first-ever gas pipeline between Colombia and 

Venezuela. 

In 2009, after 11 years in the oil and gas industry, I was asked to serve as Deputy 

Assistant Secretary for Oil and Natural Gas in the Department of Energy’s Office 

of Fossil Energy. In this position, I was responsible for administering domestic and 

international oil and gas programs, including research and development, policy 

analysis, and liquefied natural gas import and export licensing. 

This has been an eventful period with respect to domestic oil and gas development. In 2010, when the Deepwater Horizon oil spill occurred off the coast of Louisiana in the Gulf of Mexico, I was appointed as the Designated Federal Official for 

the commission that President Obama established to investigate the root causes of 

the spill. In addition, I led the multi-agency effort to coordinate research on the sustainable development of shale gas and tight oil resources. 

In February of this year, I was named Principal Deputy Assistant Secretary for 

Fossil Energy. Since then, I have also served as acting Assistant Secretary, managing the Office of Fossil Energy’s programs and day-to-day operations. 

Mr. Chairman, we live in an exciting time. The development of our nation’s energy resources is reaping benefits that were not imagined a few short years ago. We 

13 

have before us an opportunity to invest, to innovate, to create jobs and support energy security, all the while addressing climate change by reducing greenhouse gas 

emissions. Accomplishing this will require us to harness all of our sources of domestic energy. The Office of Fossil Energy has played—and will continue to play—an 

important role in meeting that challenge. 

I believe my background, experience and commitment have prepared me to lead 

the Office of Fossil Energy during this particularly critical time, and I welcome the 

opportunity to continue my service to the nation as Assistant Secretary. If confirmed 

I pledge to work closely with this committee and others in the Congress to ensure 

that our nation’s abundant energy resources are developed in a way that is sustainable and that will strengthen our economy. 

Mr. Chairman, thank you again for the opportunity to appear before you today. 

I look forward to answering any questions you and the committee may have. 

The CHAIRMAN. Thank you very much, Mr. Smith. 

We’re calling some audibles here of colleagues in terms of how 

we might have a quorum because we are now told that the noon 

vote we were contemplating doing on the nominees off the Floor. 

But it sounds like it’s going to be a voice vote. So I think if colleagues can stay another 5 minutes which should allow us to hear 

from Ms. Kiaaina, then we could have a decision one way or another about how to proceed. 

So let’s hear from our nominee and then for colleagues who have 

been gracious enough to come and are juggling in 5 minutes we’ll 

announce how we’re going to have our vote on our business meeting. 

Please. 

TESTIMONY OF ESTHER P. KIAAINA, NOMINEE TO BE ASSISTANT SECRETARY FOR INSULAR AREAS, DEPARTMENT OF 

THE INTERIOR 

Ms. KIAAINA. Aloha Mai Kakou, Chairman Wyden, Ranking 

Member Murkowski and committee members. It is an honor to be 

before your committee as President Obama’s nominee for Assistant 

Secretary of Insular Affairs at the Department of the Interior. 

My name is Esther Puakele Kiaaina from Nanakuli, Oahu. While 

my parents are originally from Hawaii I was born at the U.S. 

Naval Hospital on the island of Guam as my father worked for the 

U.S. Navy in a civilian capacity. My initial years were spent in the 

village of Asan where I lived right across from Asan Beach which 

was the location where the Third Marine Division landed during 

the liberation of Guam from enemy forces during World War II. 

My family and I then moved to the village of Mangilao near the 

University of Guam. I am a proud graduate of San Vicente elementary and junior high school. These formative years were some of 

the best years of my life. 

I still remember with fondness and gratitude the guidance and 

support of the School of Sisters of Notre Dame, who helped to 

shape my views of the world. These nuns were Sister Mary Bernard, Sister Mary Joseph, Sister Mary Juan, Sister Fidelis and Sister Rosine. Si Yu’us Ma’ase sisters for all that you have done for 

me. 

They led me to believe that the world was full of opportunities 

and allowed me to dream through our lessons on U.S. history of 

visiting Washington, DC 1 day to learn about what our founding 

fathers fought for and why democracy was so important to our Nation and the world. 

14 

Apart from learning about Chamorro culture while growing up 

on Guam, my family always had close ties to the Micronesian community as my parents owned and operated a business that was one 

of the larger employees of the Micronesian communities, especially 

the Chuukese. Trying to eke out a living for themselves or their 

families we felt our employee’s challenges and we felt their dreams 

and aspirations. I could not have envisioned the opportunity of 

being here today to be considered for a post that will oversee the 

coordination of Federal policy and financial assistance toward the 

U.S. territories and freely associated states and to give back to a 

region that has been so good to me and my family. 

Of course, I would not be here without the values of respect and 

hard work of my parents and their sacrifice to send me to Hawaii 

for high school, college in California and Japan and graduate and 

law school in Washington, DC. 

I was also fortunate to have a successful career on Capitol Hill 

starting off as volunteer intern for Senator Daniel Inouye then 

working my way up to Legislative Assistant for Senator Daniel 

Akaka and Chief of Staff for Congressman Robert Underwood and 

Ed Case. During my Congressional career I worked specifically on 

issues for the U.S. territories and freely associated states and 

worked with the Senate Energy and Natural Resources and the 

House Resources Committees. 

Laws or programs that I worked on included the Guam Land Return Act, the Compact Impact Reimbursement Act, the Brown Tree 

Snake Control and Eradication Act, the Guam War Claims Review 

Commission Act, the Guam Foreign Investment Equity Act, the inclusion of the territories in the new markets tax initiative, the inclusion of Pacific Islanders, including citizens of the freely associated states in the Gates Millennium Scholarship program and the 

establishment of Asian and Pacific Islander higher education serving institutions. 

My current job as a First Deputy for Hawaii’s Department of 

Land and Natural Resources has also afforded me an opportunity 

to better understand Hawaii’s role in working with the insular 

areas on collaborative efforts on issues such as climate change, 

invasive species and coral reef protection. Most recently we were 

pleased to sign on to the Majuro Declaration which aims to intensify efforts to prepare for and adapt to the intensifying impacts of 

climate change. 

I believe I have a good understanding of the continuing need to 

strengthen bilateral, Federal relationships with each jurisdiction, 

promote economic development, increase government efficiency and 

transparency, foster sound natural resources management practices, advance alternative energy goals and improve quality of life 

issues. 

Finally, I have appreciated the opportunity to meet with the 

members of this committee and their staff while I’ve been in town 

and enjoyed discussing issues impacting these jurisdictions including but not limited to economic development, climate change, energy costs, immigration and compact impacts and authorizing the 

financial agreement with Palau. Should I be confirmed as Assistant 

Secretary for Insular Affairs I commit to working to advance these 

issues in concert with island leaders, the Congressional CommitVerDate Nov 24 2008 16:25 Jan 10, 2014 Jkt 000000 PO 00000 Frm 00018 Fmt 6633 Sfmt 6602 G:\DOCS\86167.TXT WANDA
15 

tees of jurisdiction, Interior’s leadership team and other Federal 

agencies. 

I appreciate this opportunity to share my statement. 

Mahalo Nui Loa. 

I look forward to answering any questions. 

[The prepared statement of Ms. Kiaaina follows:] 

PREPARED STATEMENT OF ESTHER P. KIAAINA, NOMINEE TO BE ASSISTANT

SECRETARY FOR INSULAR AREAS, DEPARTMENT OF THE INTERIOR

Chairman Wyden, Ranking Member Murkowski, and Committee Members. It is 

an honor to be before your committee as President Obama’s nominee for Assistant 

Secretary of Insular Areas at the Department of the Interior. 

I regret that my mother, due to health reasons, is unable to be with me today, 

as well as my siblings who help to take care of her. I know they are here in spirit. 

I am heartened to have my extended family of friends from Hawaii, the Pacific, and 

Washington, D.C., here to support me today. 

My name is Esther Puakela Kia’aina from Nanakuli, Oahu. While my parents are 

originally from Hawaii, I was born at the U.S. Naval Hospital on the island of 

Guam as my father worked for the U.S. Navy in a civilian capacity. My initial years 

were spent in the village of Asan, where I lived right across from Asan Beach, which 

was the location where the 3rd Marine Division landed during the liberation of 

Guam from enemy forces during World War II. 

My family and I then moved to the village of Mangilao near the University of 

Guam. I am a proud graduate of San Vicente Elementary and Junior High School. 

Those formative years were some of the best years of my life. I still remember with 

fondness and gratitude the guidance and support of the Franciscan nuns who helped 

to shape my views of the world. These nuns were Sister Mary Bernard, Sister Mary 

Joseph, Sister Mary Juan, Sister Fidelis, and Sister Rosine. Si Yu’us Ma’ase sisters 

for all that you have done for me. 

They led me to believe that the world was full of opportunities and allowed me 

to dream— through our lessons on U.S. history— of visiting Washington, D.C. one 

day to learn about what our founding fathers fought for and why democracy was 

so important to our nation and the world. 

Apart from learning about Chamorro culture while growing up on Guam, my family always had close ties to the Micronesian community as my parents owned and 

operated a business that was one of the larger employers for the Micronesian communities, especially the Chuukese. Trying to eke out a living for themselves or their 

families, we felt our employee’s challenges and we felt their dreams and aspirations. 

I could not have envisioned the opportunity of being here today to be considered 

for a post that will oversee the coordination of federal policy and financial assistance 

toward the U.S. territories and freely associated states, and to give back to a region 

that has been so good to me and my family. 

Of course, I would not be here without the values of respect and hard work of 

my parents and their sacrifice to send me to Hawaii for high school, college in California and Japan, and graduate and law school in Washington, D.C. 

I was also fortunate to have a successful career on Capitol Hill, starting off as 

a volunteer intern for Senator Daniel Inouye, then working my way up to Legislative Assistant for Senator Daniel Akaka, and Chief of Staff for Congressmen Robert 

Underwood and Ed Case. 

During my Congressional career, I worked specifically on issues for the U.S. Territories and Freely Associated States and worked with the Senate Energy and Natural Resources and the House Resources Committees. 

Laws or programs that I worked on included the: the Guam Land Return Act, the 

Compact-Impact Reimbursement Act, the Brown Tree Snake Control and Eradication Act, the Guam War Claims Review Commission Act, the Guam Foreign Investment Equity Act, the inclusion of the territories in the New Markets Tax Initiative, the inclusion of Pacific Islanders, including citizens of the Freely Associated 

States, in the Gates Millennium Scholarship Program, and the establishment of 

Asian and Pacific Islander Higher Education Serving Institutions. 

My current job as the First Deputy for Hawaii’s Department of Land and Natural 

Resources has also afforded me an opportunity to better understand Hawaii’s role 

in working with the insular areas on collaborative efforts on issues such as climate 

change, invasive species, and coral reef protection. Most recently, we were pleased 

to sign on to the Majuro Declaration, which aims to intensify efforts to prepare for, 

and adapt to, the intensifying impacts of climate change. 

16 

I believe I have a good understanding of the continuing need to strengthen bilateral federal relationships with each jurisdiction, promote economic development, increase government efficiency and transparency, foster sound natural resources management practices, advance alternative energy goals, and improve quality of life 

issues. 

Finally, I have appreciated the opportunity to meet with the Members of this committee and their staff while I’ve been in town, and enjoyed discussing issues impacting the U.S. territories, and the freely associated sates, including, but not limited 

to economic development, climate change, energy costs, immigration and compact 

impacts, and authorizing the financial agreement with Palau. 

Should I be confirmed as Assistant Secretary for Insular Areas, I commit to working to advance these issues in concert with island leaders, the Congressional committees of jurisdiction, Interior’s leadership team, and other federal agencies. 

I appreciate this opportunity to share my statement. 

The CHAIRMAN. Thank you very much, Ms. Kiaaina. 

I’ve now been advised by Senator Schatz that we’ve got it right. 

So Senator Landrieu would like to make a couple of quick comments. We’re one short for purposes of a quorum. With a little luck 

we’re going to vote momentarily. 

So, Senator Landrieu. 

STATEMENT OF HON. MARY LANDRIEU, U.S. SENATOR 

FROM LOUISIANA 

Senator LANDRIEU. Thank you, Mr. Chairman. I just want to give 

my full support for these 3 nominees and they are highly qualified. 

I know they’ll bring great leadership for our country and already 

have. 

I just wanted to put one comment briefly in the record and a full 

statement regarding Mr. Smith. His background and his understanding of the really importance and promise of exports of liquefied natural gas that help us to create jobs and economic opportunity here at home in the United States and the great promise of 

supporting this ongoing real and exciting manufacturing renaissance that’s happening in America. 

In addition the benefit of influencing geopolitical politics as 

America becomes not only more self sufficient with our own energy, 

but an exporter of energy to other places to countries that are— 

share our values and that are friendly with us. 

So I thank you for your support. It’s very important to our country. I look forward to working with you. 

The CHAIRMAN. Thank you, Senator Landrieu. 

Colleagues are being exceptionally patient. We think Senator 

Manchin is on his way. We’ll get a quorum. 

Let me start with you if I might, Mr. Smith. 

As you know you and I have talked about the idea that on natural gas which is an American advantage. This is a red, white and 

blue advantage for our country. We’ve got it. The world wants it. 

This is an opportunity to keep prices stable for our businesses 

and our consumers. It’s got a link to renewables because natural 

gas has a chance to bring those renewables into base load power. 

If we do it right we can have it all. We can have a sweet spot. 

Now to do it we’ve really got to understand a couple of key kinds 

of issues. The first of which is I think we’re going to need accurate 

data in order to really measure the full impact of these export applications. Now you all have been using something called the 

17 

NERA study put together by the Department of Energy in its 2011 

Energy Outlook. 

That study was out of date at the time it was put out. Those 

analyses that have been used by NERA are now two and a half 

years old. At what point in time do you believe that the NERA 

study is going to be out of date and not an adequate basis for making judgments about export permits? Is it going to be 3 years, 4 

years, 5 years? At what point do you believe that study is out of 

date? 

Mr. SMITH. Thank you very much for that question, Senator 

Wyden. 

I understand your interest in this area. Certainly having had the 

opportunity to appear before this committee in the past we’ve had 

very good and I think, insightful guidance in terms of our process 

in moving forward. 

In terms of the studies and the data that we’re using we have 

a full commitment to ensure that at all times we’re using appropriate and relevant data to make our decisions. You referenced the 

NERA study which was commissioned by the Department of Energy that was delivered to DOE as part of the orders that we’ve 

considered thus far. 

The NERA study, I think it’s important to realize is, it’s one of 

many inputs that we use. It’s one of many pieces of data that we’re 

using on an ongoing basis. 

So as Secretary Moniz committed when he was going through his 

process and has spoken to publicly on a number of occasions, it’s 

our commitment to make sure that on an ongoing basis we’re constantly monitoring the market. We’re always looking at incoming 

data and that at all times, as we go forward, we’re using relevant, 

real time data to make sure that we’re making good prudence. 

The CHAIRMAN. One other question for you and then I’m going 

to yield to colleagues. 

This has great implications for Oregonians, particularly on the 

Oregon coast. But it’s also become a national issue. You and I have 

talked about it. 

As you know in Southwestern Oregon in Coos Bay my constituents are very excited about the prospect of Jordan Cove LNG export facility being built. What the community leaders have heard 

about, however, is something that’s being discussed nationally as 

well. That is the idea that there would be a pause in the approval 

process, perhaps occurring before Jordan Cove is considered, perhaps at another time. 

You have been quoted recently as saying in effect that a pause 

isn’t necessary at this time. So as you can gather my constituents 

are very interested in this issue. I think other parts of the country 

are very interested in it as well. 

So if you could set the record clear on this. Is the Department 

of Energy planning to pause its approval process in the next 6 

months? 

Mr. SMITH. Thank you very much for that question, Senator. 

So our process is to make sure that we continue to move forward 

expeditiously on a case by case basis to make sure that each one 

of these applications gets appropriate consideration. This is actually linked to the last question that you asked around use of data. 

18 

On an ongoing basis we’re constantly looking at all the market signals, all the data that we have at our disposal, to ensure that we’re 

making good, real time determinations. 

So at this point our process is to continue to move forward. We 

want to make sure we’re using relevant information for each of 

these cases. Our intent is to look at each of these applications fairly with full consideration on a case by case basis. 

The CHAIRMAN. I’m going to give the rest of my time to my colleagues. All of them are on a short schedule. Just know and I saw 

it in Michigan when I was with Senator Stabenow, I think there’s 

an opportunity here for us to find the sweet spot where we can give 

a big lift to American industries where we have a pricing advantage, help our consumers, help renewables and be able to export. 

But No. 1 we’re going to have to have good data, good and current data. 

Second on matters that are discussed in the media like whether 

or not there’s going to be a pause and under what circumstance. 

We’re going to need some more clarity on that. 

So I look forward to working with you. 

Senator Murkowski. 

Senator MURKOWSKI. Just to finish up that question. If—I hear 

you saying, Mr. Smith, that you’re going to be looking at this case 

by case, not necessarily putting a pause. Will there be an effort to 

again commission another macroeconomic study, impact study, 

then on the affect of LNG exports. 

Mr. SMITH. Thank you for the question, Senator. 

At all times we’re always looking at what we’re learning from the 

market. 

Senator MURKOWSKI. Right. 

Mr. SMITH. What we’re learning from market signals. 

So should it be determined that there’s been a fundamental new 

data, new change in the market that would necessitate us doing an 

additional study and that that would be necessary for us to make 

sure that we’re doing—making prudent decisions consistent with 

our obligations under the statute, the Department stands ready to 

do whatever we need to do. 

Senator MURKOWSKI. But you haven’t determined at this point in 

time that you’ve got to take that pause and conduct a macroeconomic impact study? 

Mr. SMITH. We don’t have, currently, a set plan at a certain date 

to commission a study. But, however, as I mentioned, we’re evaluating that on an ongoing basis. 

Senator MURKOWSKI. Were you able to, during the shutdown, 

were you still able to process the applications or move through, 

even during the shutdown? Were you affected by that at all? 

Mr. SMITH. Senator, as you know the shutdown was a, you know, 

was a distraction. It impacted the entire department because we 

wanted to make sure that we’re moving forward. 

Senator MURKOWSKI. Right. 

Mr. SMITH. Consistent with the anti deficiency act and all other 

statutes that we have to be cognizant of. So that was—that impacted our ability to move forward. 

But we have constantly been pushing forward. We’re doing our 

best to move forward expeditiously. 

19 

Senator MURKOWSKI. OK. 

Let me ask you a question, Dr. Croley. 

It was, I guess it was just last week that DOE’s Inspector General issued this report stating that the Department has not fully 

disclosed known concerns during an audit of ECOtality. So we’ve 

just started to look into this matter. 

But I want to ask if you are confirmed as General Counsel and 

to the extent that you will be asked, will you be fully transparent 

with the IG’s office and fully responsive to all of its concerns, not 

only relating to ECOtality, but any other inquiries that may come 

your way with regards to an audit? 

Mr. CROLEY. Yes, thank you, Senator. 

If confirmed I would look forward to a very transparent and cooperative relationship with the Department’s Inspector General. 

Senator MURKOWSKI. We would also expect then that you would 

keep this committee informed upon our request as the matter proceeds. 

Mr. CROLEY. Yes. 

Senator MURKOWSKI. You’re good with that. Thank you. 

One more question to you and this relates to the Loan Guarantee 

Program. I don’t intend to re-litigate all of the issues that are 

there. But contained in the 2005 Energy Policy Act regarding subordination of debt there’s been a lot of discussion and debate about 

the provision that states the obligation shall be subject to the condition that the obligation is not subordinate to any other financing. 

The whole issue of subordination of debt was of great discussion. 

I guess I would ask if you felt that that was ambiguous language 

in any way. 

I think we want to—I am very concerned as we focus on the Loan 

Guarantee Program. I’m a believer that there is an important role 

for the Federal Government here. I want to make sure that our 

Loan Guarantee Program is right. 

So if there’s some ambiguity within this language I’d like to 

know whether or not we need to clear it up in any way. 

Can you comment on that? 

The CHAIRMAN. Could we do this? 

Senator Murkowski is asking a very important question. Something I’m interested in. With her indulgence if we could do our 

short business meeting now and then come back to—— 

Senator MURKOWSKI. Gives you time to think about it. 

[Laughter.] 

The CHAIRMAN. I want it understood that she’s asking an extremely important question. I care a great deal about as well. 

[RECESS] 

The CHAIRMAN. I thank all of my colleagues for their exceptional 

indulgence and courtesy. I hope that some can participate in what 

I think will be an important discussion to follow. 

We now go to having Dr. Croley respond to Senator Murkowski’s 

important question that we held up so that we could get the vote 

out. I do thank colleagues. 

Senator Murkowski. 

Senator MURKOWSKI. Dr. Croley, you’ve not had a little bit of 

time to think about the issue of subordination of debt. 

Mr. CROLEY. Senator, you’ve raised the stakes. 

20 

[Laughter.] 

Mr. CROLEY. I understand the issue that you are talking about, 

first of all, Senator. I understand. I think I appreciate the importance of that issue. 

I myself have not studied the details of the statutory language. 

I don’t want to be reckless and commit to some view when I 

haven’t studied those details. But certainly the language that you 

referenced, it seems fairly clear. 

It’s my understanding that the department is not currently subordinating any debt. It’s my understanding that the Department 

has no plans to subordinate any debt. 

If confirmed, I would be happy to work actively with your staff 

and take a close, hard look at that issue. Again, I understand here 

that protecting taxpayer interests have to be paramount in our 

loan program. 

Senator MURKOWSKI. Thank you for that general statement. 

Again, we do want to ensure that within the language of the statutes that there is no ambiguity. If we think that we’re putting into 

law clear and unequivocal reading that would clearly state that 

there will be no subordination debt we anticipate that it will be 

viewed that way. 

So if you do, after consideration of this language, think that 

there is some need to address this in some way, I would certainly 

be appreciated if you could get back to us. 

Mr. CROLEY. You can count on it. 

Senator MURKOWSKI. Then a question to you, Ms. Kiaaina. This 

relates to the Palau offset. 

We have been, the chairman and I, have been working with some 

in the Administration to find a path forward in terms of an offset 

for the 2010 agreement that extends the financial assistance to 

Palau under the compact of free association. 

Two questions here. 

First, if you will commit to working with the committee as we 

try to find areas of offset. 

Probably from a broader perspective, how important do you feel 

this agreement is that we honor the compact of free association 

with Palau? 

Ms. KIAAINA. Thank you so much for your question, Senator. 

Let me answer your second question first with regard to the 

overall agreement. The Administration through the Secretaries of 

Interior, Defense and State have indicated strong support for this 

bilateral, financial agreement. So it is a priority. 

Should I be confirmed I commit to working with this committee 

to find viable offsets. I think that we all know that with the new 

budgetary rules of finding an offset for financing packages is very 

critical. So I do commit to working with the committees of jurisdiction and to navigate within the Administration to work collaboratively on a viable offset. 

Senator MURKOWSKI. Thank you. 

I know that this is an issue that I think the chairman and I 

share concerns. It’s important that we honor our compacts. As we 

deal with budget issues we appreciate the difficulties. But we’re 

also very aware that not only is it important to honor the contract, 

but a recognition that others are looking to the United States to 

21 

see how we are ensuring that that compact is addressed and fully 

honored. 

So it’s something that we’d like to work with you on. I appreciate 

your willingness. 

Ms. KIAAINA. Absolutely, Senator. 

Senator MURKOWSKI. Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you very much. 

Let’s go to Senator Schatz. Senator Schatz and Senator Heinrich 

and Cantwell all have been waiting a long time. 

So, no questions? Neither of you? 

Alright. 

Senator Cantwell. 

Senator CANTWELL. Thank you, Mr. Chairman. 

I certainly want to applaud the nominees and congratulate you 

on your nomination. 

If I could to you, Dr. Croley. 

Obviously the Bonneville Power Administration is a very important part of the Pacific Northwest. I want to make sure that I get 

your response as counsel there to some important issues. 

First, will you respect the regional control of BPA as Congress 

has repeatedly affirmed? 

Mr. CROLEY. Yes. 

Senator CANTWELL. OK. 

Will you take an expansionist view of DOE’s statutory authority 

regarding BPA? 

Mr. CROLEY. Senator, I recognize the importance of BPA and its 

special status within the department. I wouldn’t take an expansionist view. I would be faithful to the statute and to the understanding between BPA and to the department. 

Senator CANTWELL. Thank you. 

Do you agree that BPA Administrator needs to be a direct supervisor of BPA’s General Counsel to keep authority and responsibility 

and alignment? 

Mr. CROLEY. My understanding is that the administrator is the 

supervisor of the general counsel. That the Department’s General 

Counsel stands ready to provide assistance and support but certainly not to micromanage the BPA General Counsel or to manage 

day to day affairs of that Counsel’s office. 

Senator CANTWELL. OK. 

I see a little daylight in that answer. I just want to be clear that 

this is a regional organization. I don’t know, Mr. Chairman, maybe 

we need to go to the TVA approach. But this is, the Northwest, the 

Pacific Northwest, is not going to tolerate any attack on BPA’s regional authority. 

So the issue has arisen obviously because of some of the practice 

hirings and investigation that after 6 months they’ll be a review of 

these efforts. Do you agree that restoring BPA’s traditional autonomy unless there are very specific concerns raised is important 

part of the process? 

Mr. CROLEY. Yes, Senator. 

Senator CANTWELL. Good. 

Mr. CROLEY. My understanding is that there will be a tentative 

review at some point. I’m not exactly sure when that is. I think 6 

22 

months or something along those lines. At that time it will be appropriate to figure out how the department can be supportive. 

But I want to emphasize, in case I was in artful. I fully appreciate BPA’s autonomy. It’s my understanding the department has 

no interest in affecting adversely that autonomy but rather simply 

to provide a kind of support, to the extent that’s necessary and to 

the extent that may be necessary in the future and it may not be. 

Senator CANTWELL. I don’t know if I agreed with all of that statement because various attempts, whether they’re purposely or just 

in artfully DOE sometimes tries to propose ideas like regional 

transmission organizations that would artificially raise the rates of 

utility payers in the Northwest. Our answer is always no or the 

Administration is coming and try to take the money to offset the 

budget deficit and the Pacific Northwest answer is no. 

Anyway, so it’s—I don’t know, I think it comes with the territory 

or for this committee or being a member of the Pacific Northwest, 

so you just have to continue to fight off new people who come and 

think that BPA is something other than a regional organization. 

But I thank you for those answers. I’m sorry that I don’t have 

any easy questions for you because now I’d like to turn to DOE policy as it—and the ability to separate defense waste from civilian 

waste. 

So, one I want to work with the chairman and the secretary to 

separate defense from civilian waste. We are on a trajectory where 

we’re going to have defense waste ready to go somewhere. We don’t 

want to have that be nowhere because we haven’t come up with a 

solution. 

So will you commit to working with me and DOE and the Chairman on separating defense from civilian waste? 

Mr. CROLEY. Senator, I would be happy, if confirmed, to work 

with you on that issue and any other issue. 

My own understanding about that which is somewhat limited is 

that there’s a study ongoing that Secretary Moniz has initiated. My 

understanding is that that study is not complete. But certainly on 

the legal side I would eagerly work with you and him and the 

chairman on that. 

Senator CANTWELL. Do you see any legal barriers that would prohibit us from looking at something like, you know, salt as a possibility or looking at something? Are there any legal barriers that 

you know of? 

Mr. CROLEY. Not that I know of, Senator, though I haven’t studied that issue in detail. 

Senator CANTWELL. OK. 

Alright, I thank the Chairman. Thank you so much. 

The CHAIRMAN. Dr. Croley, let me just reaffirm the extraordinarily important points that Senator Cantwell has made. I think 

you know she has been our go-to person in the region on energy 

policy issues. I want to echo her points. 

I think you’re probably aware that last week the entire Northwest delegation, 23 members, Senators and House members, sent 

a letter to you all, to Dr. Moniz, trying to make it clear that we 

feel very strongly that this problem of discriminating against veterans is absolutely indefensible. That it cannot be used as a Trojan 

horse to, in effect, micromanage Bonneville from Washington, DC. 

23 

I talked to Dr. Moniz about this. He reassured me that the agency was not going to be part of any effort to micromanage Bonneville 

from Washington, DC, from the Forrestal Building, and that we 

would be getting a letter in writing this week. So the Northwest 

Congressional Delegation looks forward to having that written confirmation to us with respect to the delegation letter that was sent 

last week. 

On the second point that Senator Cantwell made, with respect to 

defense and civilian waste. You all are doing a study is what you 

said to Senator Cantwell. My message to the Department is speed 

it up because we are very interested in getting this issue resolved. 

Colleagues are talking about how to proceed on this issue. 

So please take back to the Department we’re glad you’re doing 

the study, but we really need your foot to the pedal and speed it 

up because Senator Cantwell and I and our constituents are very 

committed to getting this right and addressing the separation question which we back. 

So I thank Senator Cantwell for very important points as usual. 

Senator Schatz was here before Senator Portman. 

OK, Senator Portman. 

Thank you, Senator Schatz. 

Senator PORTMAN. Thank you, Senator Schatz. 

Thank you, Mr. Chairman. 

Mr. Smith, good to have you before the committee though you’re 

likely to be before the committee many times in the future. I know 

you’re taking on an important job. If you’re confirmed as Assistant 

Secretary of Fossil Energy you’re going to have a lot responsibilities that are important to my State of Ohio. 

We’re a big coal State, natural gasSstate now, oil State. We also 

have a lot manufacturers who care a lot about these issues. 

One is carbon capture and sequestration technologies. You will 

be responsible for overseeing that for the Administration, if you’re 

confirmed. If this carbon capture and sequestration technology can 

be proven to be commercially viable it could dramatically reduce future carbon dioxide emissions, as you know, from coal and natural 

gas power plants and large industrial users. 

I have long been concerned by the Administration’s inability to 

demonstrate that it’s got an effective plan in place to develop this 

technology. I introduced draft legislation last year and actually had 

an amendment passed in this committee last year which would 

have required DOE to conduct an annual assessment of existing 

Federal programs supporting CCS that included a detailed description of where your existing programs are, an assessment of which 

programs have been successful to date in advancing the technology, 

an assessment of the estimated timeframe and the cost needed to 

get the technology to the commercial level. 

Again, it was reported out of this committee. But it wasn’t signed 

into law. I think it is more important now than ever for policymakers here on the Hill to have this, best available data, available 

on CCS given that EPA has now mandated that CCS be installed 

on all of our new coal fired power plants. We have a lot of them 

in Ohio. 

24 

They’re already under siege. In fact we’re shutting down about 

a dozen of them right now in our State largely because of EPA regulations. 

So my question to you is if you are confirmed would you be willing to provide this committee a detailed report on DOE’s existing 

CCS programs that includes an assessment of the success of any 

new programs, assessment of the estimated timeframe, estimated 

cost to get this important CCS technology to commercial viability? 

Mr. SMITH. Thank you for that question, Senator. 

I certainly, very personally, understand the importance of the development of this technology for the entire United States, for the 

whole Nation and particularly for the State of Ohio. Certainly if I 

am confirmed by this committee and go into the role as Assistant 

Secretary I’d be happy to work with the committee to bring full 

transparency to our technology programs. That’s something we’re proud of. We’ve invested over $6 billion 

over the course of last several years in developing carbon capture 

and sequestration, lower the cost and make sure that we’re putting 

into place all the understanding of the risks and the procedures 

necessary to store CO2 in geologic formations and through enhanced oil recovery. 

So I’d be happy to work with you. 

Senator PORTMAN. Thank you. 

I guess, Mr. Smith, what I’m looking for is not just full transparency on what’s been done, but your projections as to what the 

timeframe is and what the cost is going forward to bring it, again, 

so that it—to the commercially viability stage. Would you be willing to do that as well? 

Mr. SMITH. Indeed, Senator. I would be happy to work with you. 

Senator PORTMAN. We’d appreciate that. 

To Mr. Croley and Mr. Smith, as you may know I’ve introduced 

bipartisan legislation here on permitting. Senator McCaskill, Enzi, 

Donnelly, Barrasso and I introduced a bill that streamlines the 

process of Federal permitting. It actually establishes a Federal 

chief permitting officer to oversee permitting processes, designates 

a lead agency every time to coordinate because one of the problems 

we have is the left hand doesn’t know what the right hand is doing 

sometimes and ensure timely and concurrent reviews. 

As you know some energy projects might have over 30 Federal 

permits, we are told and also the implementation of an online 

dashboard so that the public can hold agencies accountable for 

meeting the deadlines that are set on permitting. 

There’s a study that’s done every year. I think it’s by the IMF. 

It has to do with the ease of doing business. 

The United States just keeps falling further behind in terms of 

permitting. We’re now number 17 in the world in terms of permitting. It’s affecting a lot of great projects, including energy projects 

in my State of Ohio, a hydropower plant for instance on the Ohio 

River. 

The permitting makes it impossible to move forward sometimes 

because investors aren’t willing to make a commitment without 

any certainty on the permitting. 

So my question to you is what permitting reforms do you believe 

are necessary in the energy area including, Mr. Smith, in the CCS 

25 

area? What reforms are you willing to support to ensure that 

projects receive thorough review but are not needlessly delayed due 

to bureaucratic red tape. Again, regulations that are not concurrent, permitting requirements that are not concurrent, but instead 

unnecessarily delayed projects? 

Mr. CROLEY. Sure, Senator. Thank you for the question. 

I—it’s something that, if confirmed, I would love to work with 

you and your staff on. I know that permitting and streamlining 

permitting in particular is something that the Administration has 

focused on as well across the government. I would be eager to educate myself with respect to the specific legislation that you’re talking about. 

But certainly the underlying problem of unnecessary or overlapping or excessively complex permitting is something in principle 

that we should work on. Again, I would defer to the policymakers 

at the Energy Department, but I would stand ready to work with 

you on those legal issues. I recognize the problem that you’re identifying. 

Senator PORTMAN. I think DOE plays a big role here. You’re not 

the biggest permitting agency, but you are an agency that has the 

policy responsibility. We’re happy to get you the details of not just 

our legislation, but some of the background to it, some of the research we’ve done. Also the statements of the AFLCIO building 

trades folks and the chamber of commerce. 

I mean it’s an issue where you really have a lot of people coming 

together realizing that we can’t be competitive until we deal with 

this. 

Mr. Smith, any comments? 

Mr. SMITH. I just concur with Dr. Croley’s observations there. We 

don’t have a direct regulatory role, but we certainly have to work 

with our other Federal agencies and work with Congress. So if confirmed into this role as Assistant Secretary, I’d be—I’d look forward 

to working with our other agencies and working with this committee to ensure that we’re working together in a way that’s efficient. 

Senator PORTMAN. Thank you, Mr. Chairman. 

Thank you, Gentlemen. 

The CHAIRMAN. Thank you, Senator Portman. 

Senator Franken has been shuttling back and forth between 

Committees. Let’s recognize him. 

Senator FRANKEN. Thank you, Mr. Chairman. 

Thank all the witnesses. 

Mr. Smith, although the technology to do carbon capture and sequestration with coal fired power plants has been shown to work 

there are major challenges to scaling up these processes and making them commercially viable. 

One of the economic challenges that have prevented coal power 

plants from adopting carbon capture and sequestration and how 

would you work as Assistant Secretary to address them? 

Mr. SMITH. Thank you, Senator, for that question. 

Certainly the challenge of capturing CO2 out of our coal fired 

power fleet, out of our entire power fleet, is very important for us 

and that’s where we’re focusing our efforts. 

26 

At the Department of Energy we’ve got 2 major goals in terms 

of carbon capture and sequestration. 

The first is moving forward technology to reduce the cost of capture. 

The second is to move forward with the understanding of issues 

around long term storage either in saline aquifers or through beneficial uses such as enhanced oil recovery. 

So if I’m confirmed as Assistant Secretary I’d commit to working 

with this committee and working within DOE to continue to move 

along those 2 lines and get more large scale demonstrations put in 

place and advance the deployment of the technology. 

Senator FRANKEN. It seems to me this is an extremely important 

issue because we see—for us to do the research and development 

and the scaling up of this capture and sequestration. You see that 

China and India are burning coal. The world has a lot of coal. 

It’s going to be burnt, a lot of it. If we—Ms. Kiaaina talked about 

global warming in her climate change in her testimony. It seems 

like this is a very important technology that we have to do all the 

research and—that we have to do a lot of the research and development on. The funding of that is an issue. 

One possible model for funding research in this area is the way 

we fund ultra deep water drilling research. This program is funded 

through rents, royalties and bonuses from Federal offshore oil and 

gas leases. Can you talk about the success of that program and 

whether this model could be used in other sectors such as CCS? 

Mr. SMITH. Thank you very much for the question, Senator. 

First of all we fully appreciate the challenge before us in terms 

of development of these technologies and we’ve made historic investments over the course of the last few years in terms of carbon 

capture and sequestration development, research and development. 

Section 999 of the Energy Policy Act of 2005 created a royalty 

trust fund that was—that came from producers who produce on 

public lands. That goes from the Department of the Interior to the 

Department of Energy and we’ve used that to sponsor research and 

development on onshore oil and gas development and ultra deep 

water. We’ve got a program for to assist small producers. 

So that’s one mechanism that the Department has used to fund 

the important research and development projects that need to be 

undertaken. If confirmed into this role I’d look forward to working 

with this committee and working with Congress in general to devise ways to efficiently fund the technologies that need to be developed. 

Senator FRANKEN. I just think this is an incredibly important 

area as we’ve discussed in this committee what the exploration of 

natural gas has done and how that came out of research from the 

Department of Energy and financing from the Department of Energy. 

I want to turn to from carbon capture to carbon conversion. 

You—some have demonstrations of turning carbon dioxide to use it 

as a feed stock for algae, to grow algae which can be used as a 

biofuel in turn. 

Another application is turning it into a solid, calcium carbonate, 

and then using it in cement production. 

27 

The challenge we face is this is still expensive. Can you tell me 

what will you do to support the commercialization of technologies 

to capture carbon and convert it for beneficial use? 

Mr. SMITH. Thank you very much for the question, Senator. 

The most direct and I think the most relevant utilization of CO2

right now is using it for enhanced oil recovery. So you take CO2

you use it in depleted oil fields and it allows you to recover oil that 

would not have been recovered otherwise which allows you to reduce our Nation’s dependence on imports. In fact just in the month 

of October for the first time the United States is importing—is producing more oil than it imports. That’s for the first time since, I 

think, 1995. 

So EOR helps us take steps in that direction where it’s positive 

for energy security. 

We also have programs within the National Energy Technology 

Laboratory. They are looking at a catalyst to take CO2 and turn 

it into other beneficial uses. A challenge with CO2 is it’s a very stable molecule. It wants to stay as CO2 essentially. 

So the other challenge that we have is that there are just tremendous, huge quantities of CO2 that need to be captured and 

stored. 

So we’re looking at technologies that would be able to make some 

beneficial use of some portion of that CO2 that would also create 

revenues that might offset some of the other costs that are incurred. 

So if confirmed into this position I’d look forward to continuing 

to push those programs and find good solutions. 

Senator FRANKEN. Mr. Chairman, would it be OK if I asked one 

more question—— 

The CHAIRMAN. Of course. I’m sure my colleagues are fine with 

that. 

Senator FRANKEN. I think I’ve been a stellar member today. I 

was here early. 

The CHAIRMAN. Not just today, but all the time. I think particular—— 

Senator FRANKEN. I wasn’t fishing for that, but—— 

The CHAIRMAN. I think the point Senator Franken is making 

with respect to the nature of what government can do in the research field and what’s it’s done in the past is a very valid one. I 

appreciate him making it. 

Senator FRANKEN. Thank you. 

Look, we have this real problem. Ms. Kiaaina, you referred to it 

in your testimony which is about climate change. So part of what 

you look at is the—and what you’ve been involved with is the Pacific and the South Pacific. I was wondering about the issues of 

coral reef protection. 

I’m really concerned what climate change is doing to our ecosystems. 

For example, you know, warmer air and ocean surface temperatures are impacting—they’re impacting storms. They’re impacting 

the acidity of the ocean, I know is increased. It’s altering the coral 

reef communities and our production of fish and of crustaceans. So 

we’re seeing these bleaching events. 

28 

Can you talk about the impacts? How these impacts affect corals 

and the many organisms that use coral reefs as habitat? 

Ms. KIAAINA. Thank you, Senator, for that question. 

In my current capacity at the Department of Land and Natural 

Resources we like to utilize traditional practices by native Hawaiians whereby the manner of how we steward our natural resources 

takes into account our practices from the mountain to the sea. It’s 

called the Maku’u Ahupua’a or Ahupua’a system. So clearly while 

there are a lot of environmental issues that could be traced to the 

degradation of our coral reefs. A lot also has to do with the practices of what is happening in our forests above. 

So we do like to take a comprehensive approach. While we do 

have specialists in our division of aquatic resources that—who 

spend countless hours looking into the research of why our coral 

reefs have declined. We also insure that we’re looking toward—one 

of our priorities at the moment is protection of our watersheds because we believe that our watersheds is not only important to securing safe drinking water, but it’s important because it does impact with the reforestation of native species, removal of ungulates 

and removal of invasive species that actually could have a bearing 

on climate change and also to help safeguard the resources. 

So by the time it affects, it goes down to the sea, it is not as bad. 

Most recently we had a molasses spill, remarkably in Honolulu 

harbor that was very devastating. Most devastating was to our 

coral reefs as well as to all of the fish habitat that live there. That’s 

something that we’re working with the shipping company who is 

responsible for that to ensure that it doesn’t happen again. 

So I would say that apart from necessary research that we have 

to undertake to help to preserve our coral reefs we also have to 

have the strongest environmental compliance laws on the books 

both within the State of Hawaii as well as the Federal Government. I am pleased to report that Hawaii does have one of the 

strictest compliance environmental laws in the Nation. So very 

often we have enforcement mechanisms to deal with these kinds of 

issues at the State level, but we welcome working with our Federal 

partners to ensure that we do everything possible to protect and 

safeguard our environment. 

Senator FRANKEN. I’m sorry, but I guess I was talking about 

more of a macro look at this in terms of our, what the planet. 

What’s going on with the planet in terms of the acidification of the 

oceans and how that is affecting the coral reefs? 

I’ve completely used up my time and others, so. 

Ms. KIAAINA. Sure, Senator. I just would like to say I guess I 

would say that we believe that everything is interrelated. 

Senator FRANKEN. Of course. 

Ms. KIAAINA. That we are in an environment where what we do 

in Hawaii is interrelated to the environment in the whole Pacific 

and globally. For some of these critical issues that you have raised, 

we cannot do it on our own or within a region. It has to be done 

comprehensively with other countries in the world. 

Senator FRANKEN. Thank you. 

Thank you, Mr. Chairman, for your indulgence. 

Thank you, Senator Barrasso, for your patience. 

The CHAIRMAN. Senator Barrasso. 

29 

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

Mr. Chairman, last Friday President Obama gave a speech about 

American exports. The President stated that one of the things that 

we should be focused on is helping more businesses sell more products to the rest of the world. He explained that exports are one of 

the brightest spots in the economy and that every $1 billion in exports supports nearly 5 thousand jobs. 

These are great things to say. But they belie the actions of this 

Administration. Mr. Chairman, while I’m here to congratulate all 

the 3 nominees, I have a couple questions related specifically for 

the Department of Energy because I look at liquefied natural gas 

exports as a concern. 

Currently countries from around the world want to buy LNG 

from the United States. These countries are imploring this Administration to act on the export applications that are currently pending for LNG. Over the last two and a half years the Department 

of Energy has acted on only 4 applications to export LNG to countries which do not have free trade agreements with the U.S. 

Meanwhile the current Department of Energy is sitting on 20 

pending applications. Global demand is limited. The time to act is 

now. 

So, Mr. Smith, my question is help us understand, if you’re on 

the committee, the delay in processing these applications. Is the 

delay coming from inside or outside of the Department of Energy? 

Is it coming from the White House? 

I’m just trying to figure out where the bottleneck is. 

Mr. SMITH. Thank you very much for that question, Senator. 

First of all, we certainly share your interest in the topic and with 

the possibility of the promise, the opportunity to create jobs and to 

do positive things for our economy. 

In terms of moving forward on LNG export applications, as you 

mentioned, we’ve evaluated—we’ve made orders on 4 applications 

thus far. All 4 applications that we’ve issued orders on we’ve approved. 

As Secretary Moniz has stated when he came before this committee, our job is to move forward as expeditiously as possible, but 

while also showing the care that’s mandated by the statute, by the 

Natural Gas Act. So it’s our intention to continue to move expeditiously to evaluate each of these applications on a case by case 

basis. 

If confirmed into this role I’d look forward to working with you 

and with this committee. 

Senator BARRASSO. That’s encouraging because like I asked the 

question if confirmed what steps will you take to reduce some of 

these delays so that expeditiously means faster than it’s currently 

going? 

Mr. SMITH. Yes, well, thanks for that question, Senator. 

Certainly I would not characterize our process as having been delayed. If I look at the requirements that are upon us under statute, 

in fact, that we are moving into an unprecedented area, it’s incumbent on the Department of Energy to make sure that we’re considering all stakeholders. Certainly there are some stakeholders who 

would want us to move faster and there’s some stakeholders who’d 

want us not to export LNG at all. 

30 

So it’s our job to make sure that we’re making good, prudent decisions that are consistent with the public interest and that withstands scrutiny. We’d look forward to moving forward in that way. 

Senator BARRASSO. On Tuesday I sent the Secretary, Secretary 

Moniz, a letter in support of the Jordan Cove LNG export terminal. 

Unlike any other proposed export facility the Jordan Cove would 

really provide Rocky Mountain States, as well as the Indian tribes, 

access to international markets. 

Jordan Cove would enable states like Colorado, Wyoming, the Indian tribes such as the Ute Indian tribe to sell natural gas to customers in Asia, who are very interested in buying this. Rocky 

Mountain States and Indian tribes depend heavily on natural gas 

production to fund basic government services like K through 12 

education, roads, bridges, water/sewer systems, all related to the 

revenue from this LNG. 

Natural gas production also provides income to many of the families in our states. Puts food on the table. Keeps the heat on. Pays 

for, you know, the necessities, clothing, impacts the quality of life. 

The Nation’s supply of natural gas is expected to exceed our domestic demand. So companies are already canceling natural gas 

projects. They’re generating fewer jobs in our communities and less 

revenue to local and State governments. The communities are 

going to need access to international markets if they’re going to 

continue to thrive. 

So this is why I think the DOE must expeditiously and we’re 

back on that word, review and act on LNG export applications. 

So I just ask, you know, if you appreciate the importance of these 

exports to communities that produce natural gas such as the Rocky 

Mountain States and on our Indian reservations for the tribes. 

Mr. SMITH. I certainly do, Senator. 

Senator BARRASSO. I’d like to discuss a little bit on carbon capture and sequestration technology. I know Senator Franken was 

discussing that as well with you previously. 

In September EPA issued a proposed rule governing greenhouse 

gas emissions for new power plants. The EPA’s rule affectively requires new coal fired power plants to deploy carbon capture and sequestration technology. However, the technology isn’t currently and 

may never be commercially and economically viable. 

Last month your predecessor, Charles McConnell, testified about 

carbon capture and storage technology before the House of Representatives. His statement was, the cost of current CO2 capture 

technology is much too high, he said, to be commercially viable. 

He explained that technology exists for separation and capture of 

CO2 at the plant, but it increases the cost of generating electricity, 

he said, by about 80 percent. Of course, those are costs the consumers then would have to bear. 

Finally he noted that affordable solutions may be decades away 

with the current level of funding. 

So the question is given the State of this technology is it reasonable for the EPA to effectively require this technology for all new 

coal fired power plants? 

Mr. SMITH. Thank you for the question, Senator. 

We’re clearly not the regulatory agency. 

Senator BARRASSO. Yes. 

31 

Mr. SMITH. I’ve not seen the transcript of anything my predecessor might have said so I can’t comment in detail on what we 

might have commented or on the regulatory process which is the 

responsibility of the Environmental Protection Agency. 

What I will say is that these basic technologies aren’t new. The 

North Dakota/Great Plains Project has been capturing CO2 for over 

a decade. There are 12 large commercial scale projects that are in 

development or are operating around the world. The Administration has committed over $6 billion over the last 

several years on carbon capture and sequestration. We’ve seen development projects in operation and being built currently in real 

times. So my job, if confirmed into this role, would be to continue 

to push the technologies, continue to lower the cost of capture and 

continue to realize the importance of this particular technology to 

ensure that coal is part of the clean energy economy of the future. 

Senator BARRASSO. I appreciate that because I look at this to be 

Assistant Secretary of Fossil Energy for the Department of Energy. 

It does seem the Administration, if it’s concerned as you point out 

in the importance of this, about investment. I just wonder why the 

Administration has dramatically reduced its annual budget request 

for programs that actually develop this technology. 

I know you weren’t the person that put the budget into place or 

made that request. But I’m just wondering about the commitment 

of the Administration based on its budgeting requests when what 

you’re stating is something that heads a little bit in the other direction. 

Mr. SMITH. Thanks, Senator. 

But—I mean over the start of the Administration we’ve committed $6 billion which has been a historic investment in CCS R 

and D and demonstrations. The Department has just released an 

$8 billion loan guarantee program that could be used through the 

suite of opportunities for fossil energy including carbon capture and 

sequestration. We’re continuing to work with our partners in industry and in academia to push this technology forward. 

So these challenges are difficult. They’re challenging. They require us to work with industry and with academia. If confirmed in 

this role I’d commit to working with you and with Congress and 

with other agencies to make sure that we are pushing to achieve 

the milestones that we need to meet. 

Senator BARRASSO. Thank you. 

Again, congratulations to each and every one of you and thank 

you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Barrasso. 

Just by way of engaging briefly on this natural gas issue because 

I think you know I’m very interested in working closely with you 

and Senator Murkowski. Because it’s my view that, you know, we 

Americans, especially we, Westerners, we’re always interested in 

trying to have it all. You know, we want to be able to have the advantage for our consumers and our businesses. 

We’ve got it. The world wants it. I mean, this is advantage America. It’s been my view that if we tee this up right we can have all 

of those benefits including benefits for renewables because natural 

gas is a clear connection to solar and wind for purposes of getting 

those renewables into base load power. 

32 

I think part of what we’re starting to see emerge is the challenge 

of dealing with specific areas of the country. You know, when I was 

in Alaska and Senator Murkowski and I were talking about the interest in Cooks Inlet in terms of exporting natural gas. If they don’t 

get to export natural gas, unless I’m missing something, it’s stranded. 

I mean, nobody is going to get hurt in the lower 48. The only people that would get hurt would be, in effect, you know, Alaskans. 

On the Jordan Cove issue we have a different kind of challenge. 

Of course, I’m very interested in my constituents in a part of the 

State that’s just been clobbered over the years economically with 

changes in natural resource policies. Having the opportunity to be 

considered—one of the advantages for Jordan Cove beyond the fact 

that it’s just the only West Coast one in consideration is the company has said the facility will export primarily Canadian liquefied 

natural gas. That’s what’s on their web site. That’s what they’ve 

been talking about. 

So that presents again, an opportunity that you’re not going to 

be displacing gas that would be going to hard hit companies or trying to get an advantage in tough global markets. 

So my sense is we’re all going to be working on this in a joint 

way. I think Mr. Smith was helpful today on the pause issue because you know there’s been a lot of discussion where people on all 

sides of this issue have just been trying to figure out what the Administration’s position was on the pause issue. Mr. Smith clarified 

that essentially we were going to stay in the case by case kind of 

approach which is what Dr. Moniz had assured me of. 

So I thank my colleagues for wanting to work on this in a collegial and bipartisan way. Sometimes the more you learn about natural gas exports, sometimes the less you think you know because 

it is a complicated issue. My sense is if we do it right we can have 

it all. 

If the Senator from Wyoming wants to comment that’s fine. 

Senator BARRASSO. I appreciate your efforts, Mr. Chairman. 

You’ve been terrific in working to accomplish this. I think over the 

life of the project, of the one that we’ve just discussed, over the 

length of the project it would be about an equal amount from the 

Rockies as well as from Canada. 

Of course we have great concerns for the communities and the 

quality of life of the people that work there. These are excellent 

jobs, great benefits and contribute to places where in many other 

ways they’re not able to economically develop all the other resources. It’s often a long distance if they try to manufacture and 

transport manufactured products and so that these are opportunities for communities that may have limited opportunities. 

So I appreciate your efforts. Thank you, Mr. Chairman. 

The CHAIRMAN. We are going to pursue this together. Senator 

Murkowski and I probably devoted more time to kicking around 

the various iterations as this debate on natural gas is going to continue. I think so far the Administration has kept its pledge and 

sort of, grudgingly, all sides seem to have been able to live with 

it. They’re going case by case. They’re looking at the cumulative effects. 

We’re going to continue the discussion. 

33 

Let me turn briefly to another topic that you and I talked about 

in the office, Mr. Smith. That’s the question of crude exports. I’d 

like to ask you the question because, as you know, and we discussed, there is considerable amounts of discussion about whether 

the Congress ought to be having a debate about lifting or relaxing 

the ban on crude exports. 

I’m going to ask you this question recognizing that from a purely 

legal standpoint, the authority here lies with the Department of 

Commerce. But I think it’s very clear that when you’re talking 

about position in fossil energy and the Department of Energy, your 

views are going to be solicited on this matter. People are going to 

be talking about this in the Administration. 

I think it would very helpful for purposes of just getting your 

sense of what factors the Congress should focus on in this debate 

about exports? What I said and indicated to you when we talked 

about it in the office, to me the debate really rivets on the impact 

of lifting the ban on consumers. That’s what is really my bottom 

line. 

I mean, what we’ve talked about, Senator Murkowski and I, from 

the very beginning, is we were going to make sure that consumers 

were front and center in this whole debate about the future of energy policy. I know this is a challenging issue. I would just be interested in your giving us your take because you’re going to be in 

the fossil energy business when confirmed. 

What are the factors or potential pitfalls and benefits you think 

we ought to be looking at? 

Mr. SMITH. Thank you, Senator, for that question. 

As we discussed when I had the opportunity to speak with you 

in your office, this is an exciting time for domestic energy production across the board. 

Back in 2011 the President set the ambitious goal of reducing 

imports by a third over the next decade. Indeed we’ve already 

made tremendous progress on that. Here in the month of October 

for the first time since 1995 domestic production is exceeding imports. We’re expecting to get up to 7.5 million barrels per day of 

production. 

So, just the fact that we’re discussing this dilemma, this opportunity, to export oil really shows that we’ve moved from a period 

of scarcity to potentially a period of more abundance. So in terms 

of problems to have, it’s a pretty good problem to have. 

As you pointed out the statutory requirement for ruling on these 

lies with the Department of Commerce not with the Department of 

Energy, but if confirmed I’d commit to working with this committee 

and working with the Department of Commerce to make sure that 

we’re making smart decisions that are consistent with the public 

interest. 

The CHAIRMAN. That was a careful answer. I think I’ll let it be 

at this point. You and I are going to have some more discussions 

about that because you have expertise and you’ve got passion in 

the field. You’re going to be consulted. 

So on notice, when confirmed, because as you know I’m going to 

be supporting you. I believe you’re going to win support in this 

committee. I certainly hope so. You and I are going to have some 

more conversations. 

34 

Mr. SMITH. Thank you, Senator. 

The CHAIRMAN. On this topic. 

Let me turn to you, Mr. Croley, for my remaining time on this 

round and talk to you a bit about whistle blowers. 

The Department of Energy has had, for quite some time, policies 

to protect both agency and contractor employees who raise safety 

or operational issues. My own view is that these have come to look 

very ineffective. 

Just last month a Hanford whistle blower, whose concerns were 

the subject of an entire investigation in the safety culture at Hanford by Peter Winokur and the Defense Nuclear Facility Safety 

Board, that whistle blower was fired. 

The decision came just days after the Secretary and Deputy Secretary Poneman issued a Department side memo pledging to maintain a strong safety culture and listen to dissenting opinions. 

So I think I indicated to you in the office, I’m pretty much a lawyer in name only. I ran the legal aid office for senior citizens. Yet, 

I still understand that the Department and the contractors have a 

right to defend themselves against lawsuits. But the Department 

spends millions of dollars on cases challenging whistle blower’s 

claims and worse retaliation against whistle blowers. 

In the Hanford case the Department has already reimbursed the contractors for $1.75 million in legal fees and the case is not yet 

over. So as General Counsel, when confirmed, you’re going to oversee the contractor’s legal plans and costs as well as those of the Department. 

So my question is will you commit this morning to taking an 

independent look at how the Department and its contractors handle whistle blower complaints, retaliation against whistle blowers 

and resulting litigation. I’d like you to get back to us within a reasonable time. Why don’t we say forty-five days after confirmation? 

Will you commit to doing that? 

Mr. CROLEY. Yes, Senator. 

Mr. CROLEY. I recognize, as the Secretary has addressed this 

issue as well, the importance that all Federal employees and as you 

suggest Federal employees and Federal contractors, the importance 

that they feel like they are in an environment where they can raise 

concerns. 

I understand this is crucial. 

It is crucial to protect the taxpayer. 

It is crucial to ensure the safety of our Federal worksites at Hanford and elsewhere. 

So this is an important matter. 

Without commenting on the particular case you’re referencing, 

which I’m sure you appreciate, is in litigation. On the question on 

reimbursement of legal fees, I would commit to you, to work with 

you and to take an independent look on that issue. 

I understand the General Counsel has some authorities there. 

My understanding is that a regional counsel do as well. So I will 

have to roll up my sleeves, but I would commit unequivocally to 

doing that. 

The CHAIRMAN. I appreciate that. 

As you know from our discussion in the office every independent 

group thought that he was raising legitimate concerns, every sinVerDate Nov 24 2008 16:25 Jan 10, 2014 Jkt 000000 PO 00000 Frm 00038 Fmt 6633 Sfmt 6602 G:\DOCS\86167.TXT WANDA
35 

gle, independent group. I think it’s time to really draw a line in the 

sand because if the message is out department-wide that when you 

speak truth to power and you come forward and lay out what your 

concerns are, you face these kinds of problems. I think it’s going 

to be very detrimental to a safety agenda. 

You don’t want that to happen. I don’t want that to happen. The 

Secretary doesn’t want it to happen. So let’s operate under the assumption that you’re going to look at this, give us an independent 

take. 45 days after confirmation it will be sent to Senator Murkowski and myself. We’ll share it with the committee. 

Senator Murkowski. 

Senator MURKOWSKI. Thank you, Mr. Chairman. 

Mr. Smith, I appreciate your comments. I read the article in the 

Post this morning about the crossing of the lines where since the 

first time since 1995 our production with oil, domestically, has surpassed that of our imports. I think that that’s good news for the 

country. I think that that gives us opportunities. 

I have stated many times that we’re going through a, just kind 

of a reassessment, in terms of understanding our energy and our 

energy portfolio. It’s tough to transition your thought when you’ve 

been used to focusing on areas of scarcity. Now we are truly looking to areas of abundance whether it be oil or natural gas. 

I think there’s exciting times when it comes to so much of our 

fossilized fuels. Where our opportunities lie for, not only increased 

energy independence, but what it means from an economic perspective. So a lot of talk here at the committee today about natural gas, 

discussion here about oil, obviously the issue of coal and how we 

access that in an environmentally responsible way, the advances 

through CCS, but there are also some other areas where our technologies will allow us to go places that we have not really been able 

to dig into. 

I’m interested in the area of methane hydrates. I think that we 

have great potential up north. We’ve been working with the Japanese government, have been engaged in a study with Japan. 

The program for methane hydrate research is proposed at $5 million for FY2014. This is far less than what the department needs 

to follow up on the test that was done back in January 2012 up 

in Prudhoe Bay. 

Japan has conducted its own follow up test and reported some 

substantial progress in being able to tap methane hydrates. It’s not 

just, of course, off of Alaska that we have enormous potential for 

methane hydrates. We’ve got clearly in the Gulf of Mexico. 

So kind of a broad question and then ask you to focus it down. 

First, in terms of your commitment to an all of the above and 

we’re talking about the Fossil Energy Department and the focus on 

all fossil fuels whether the commitment is there to be an advocate 

for all of the fossil fuels. Not only those that are in favor today like 

natural gas, clearly, but how we’re able to access our coal, our oil 

and perhaps the more experimental sources like methane hydrates, 

oil shale. 

Then if you could speak a little bit to the methane hydrates. 

Mr. SMITH. Thank you very much, Senator, for that question. 

I think that as your, some of your comments articulate, ours 

truly is an all the above strategy. I mean I’ve had an opportunity 

36 

to spend some time talking about our historic investment in carbon 

capture and sequestration which is primarily aimed toward ensuring that coal fired power generation remains a relevant part of the 

clean energy economy of the future. 

Another part of the portfolio which I’ve actually managed as the 

Deputy Assistant Secretary for Oil and Natural Gas is the project 

that you mentioned, the initiative to investigate the viability of 

producing natural gas from methane hydrate formations. 

Just last year I signed a Memorandum of Agreement between 

the Department of Energy and the State of Alaska. I signed that 

with Dan Sullivan, who at the time was the Commissioner for the 

Alaska Department of Natural Resources which for us was a real 

model of collaboration between the Federal Government and State 

government and also working with international governments. The 

government of Japan partially funded the test that we did in Alaska back in 2012. Working with the private sector, the methane hydrate well that we drilled back in 2012 was drilled in collaboration 

with Conoco. 

So we continue to think that these projects are incredibly important which is why, excuse me, why we’re continuing to collaborate 

with the State of Alaska. 

When I was in Alaska just a couple weeks ago we, the Department of Natural Resources issued a press release in which it took 

a chunk of acreage, pulled it off of its leasing plan and reserved 

that for the Department of Energy and the Department of Natural 

Resources to collaborate on future methane hydrate research. 

So we’re taking steps to make sure that we advance those 

projects. We’re looking for novel ways of pushing forward on the 

technology. If confirmed in this role I’d commit to working with you 

and this committee to make sure that those, that research, has the 

maximum chance of being successful. 

Senator MURKOWSKI. I appreciate you saying that because it is 

an area that is somewhat overlooked. If it’s not discussed, I know 

Senator Akaka and I had worked on advancing the issue of methane hydrates and how we can better understand what it is that we 

have and how best to access it recognizing that there are real challenges with accessing, particularly in an arctic environment and 

the environmental challenges that we face there. 

But I appreciate your background to it and understand that as 

we try to establish some budget priorities in budgets that are growing skinnier all the time, it’s important to have an advocate who 

knows and understands what the potential can be for us, not only 

from a national perspective, but working cooperatively with some 

of our partners overseas. 

Mr. SMITH. Thank you, Senator. 

Senator MURKOWSKI. With that, Mr. Chairman, I thank each of 

you. I would hope that we would see these names moved through 

quickly. I will stand to support each of you and appreciate your 

willingness to serve. 

Mr. SMITH. Thank you. 

The CHAIRMAN. In our tradition, Senator Murkowski has the last 

word. 

Just one little bit of business, Ms. Kiaaina, I’m very much in 

favor of your nomination. We’ll have a few matters that we’re going 

37 

to ask you in writing. Nothing torturous, but a few others things 

we want to do. 

The CHAIRMAN. With that and let me state that I support all the 

nominations as well today, enthusiastically. 

The Energy Committee is adjourned. 

[Whereupon, at 11:25 a.m., the hearing was adjourned.] 

(39) 

APPENDIXES 

APPENDIX I 

Responses to Additional Questions 

RESPONSE OF STEVEN P. CROLEY TO QUESTION FROM SENATOR WYDEN

Question 1. Dr. Croley, Current DOE General Counsel Mr. Greg Woods memorialized in a letter to Mr. Elliot Mainzer, Acting Administrator of BPA, dated November 

12, 2013, the reporting relationship between the DOE General Counsel office and 

BPA’s General Counsel (copy attached). I have read Mr. Wood’s letter and find it 

a helpful clarification of Deputy Secretary Daniel Poneman’s October 24, 2013 

memorandum regarding reporting relationships between BPA and DOE. For example, the Woods letter clarifies that the BPA GC continues to report to the BPA Administrator under the new reporting relationships outlined in the Deputy Secretary’s letter. If you are confirmed will you commit to implement the DOE GC/BPA 

GC approach stated by Mr. Woods in his November 12, 2013 letter? 

Answer. Yes. 

RESPONSES OF STEVEN P. CROLEY TO QUESTIONS FROM SENATOR BARRASSO

Question 1. In 2011, the Government Accountability Office (GAO) issued a report 

which found that the Department of Energy (DOE) violated the miscellaneous receipts statute (31 U.S.C. 3302(b)) in a series of transactions with USEC between December 2009 through June 2011. Upon reviewing GAO’s report, do you believe DOE 

violated Federal law with respect to these transactions? If not, why not? 

Answer. I am aware that GAO concluded its report that, pursuant to the Miscellaneous Receipts Statute, the Department should have deposited into the Treasury 

funds equal to the value of the uranium transferred to USEC in exchange for accelerated cleanup services in the transactions covered by the report. I further understand that in its official agency comments to the report, the Department respectfully 

disagreed with GAO’s conclusion in that regard. I am strongly committed to working 

with GAO and other overseers that are key to the federal quality control process. 

If confirmed as General Counsel I will ensure that the Department cooperates fully 

with GAO investigations and complies with all applicable law in connection with 

any proposed transaction. 

Question 2. If confirmed, what steps will you take to ensure that DOE complies 

with the miscellaneous receipts statute (31 U.S.C. 3302(b))? 

Answer. If confirmed, I will ensure that DOE complies with the Miscellaneous Receipts Statute. Specifically, I will ensure that every transaction involving the transfer of uranium receives full legal review, including for consistency with the Miscellaneous Receipts Statute and other applicable laws. 

Question 3. Section 3112(d) of the USEC Privatization Act (42 U.S.C. 2297h-10(d)) 

states that the Secretary may sell or transfer natural or low-enriched uranium from 

DOE stockpiles provided that:the Secretary determines that the sale of the material 

will not have an adverse material impact on the domestic uranium mining, conversion, or enrichment industry, taking into account the sales of uranium under the 

Russian HEU Agreement and the Suspension Agreement. 

Since the May 15, 2012 Secretarial Determination, the U.S. spot price of U3O8 

has fallen by roughly 30 percent. What steps, if any, would you take to ensure that 

all future Secretarial Determinations are in compliance with Section 3112(d)? 

Answer. If confirmed as General Counsel, I will work with my colleagues in the 

Department to ensure that any sales or transfer of uranium, if undertaken, complies 

with applicable law, including Section 3112 of the USEC Privatization Act. I understand that the Department’s current practice is to examine any sale or transfer of 

40 

uranium to determine whether it might have an adverse material impact on the domestic uranium mining, conversion or enrichment industry. If confirmed as General 

Counsel, I will ensure that that there is full legal review of any potential transaction. 

RESPONSES OF ESTHER P. KIAAINA TO QUESTIONS FROM SENATOR WYDEN

Question 1. In 2010, the Administration signed an agreement with the Republic 

of Palau to revise the Compact of Free Association and to phase-out financial assistance by 2024. However, about that time, new Congressional budget rules came into 

effect which require the Agreement’s estimated $170 million cost to be offset. 

In addition to occupying a strategic position in the Western Pacific, Palau is arguably the United States’ closest ally-it votes with the U.S. in the U.N. more than any 

other nation, and its citizens enlist in the U.S. military at rates that exceed that 

of any State. 

Can you assure the Committee that, if confirmed, identifying an offset and seeking approval of the Agreement with Palau will be a top priority? 

Answer. Yes, I can assure the Committee that approval of the Palau financial 

agreement, and continuing to work within the Administration and with Congress to 

identify an acceptable offset, will be a top priority of mine if I am confirmed. It is 

my understanding that the Administration strongly supports the approval of the 

Palau financial agreement, and looks forward to continuing the United States partnership with Palau. I fully support the Administration’s position. 

Question 2. The largest programs at the Office of Insular Affairs-about $175 million annually and half of the Office budget—are the Compacts of Free Association 

with Micronesia and the Republic of the Marshall Islands. However, there are only 

6 full time employees committed to oversight and implementation of these two programs. 

If confirmed, do you pledge to work with the Committee on a comprehensive review of these programs—their staffing, monitoring and performance? 

Answer. Yes, if confirmed I will work with OIA to provide a review of staffing, 

monitoring, and implementation of the Compact program. 

Question 3. Several months ago, the Acting Assistant Secretary for Insular Affairs 

closed the Office of the Labor Ombudsman in the Northern Mariana Islands without 

consultation with Committee or a plan for how the activities of that office would be 

handled in the future. 

Would you take the message back to the Department that the Committee asks 

that no action be taken to fill the Field Representative position in the Marianas 

until after consultations with the Committee on a plan to address the activities of 

the former Ombudsman’s Office? 

Answer. Yes. I will take this message back to the Department. 

RESPONSES OF ESTHER P. KIAAINA TO QUESTIONS FROM SENATOR MURKOWSKI

Question 1. Nearly half of the Office Insular Affairs’ budget ($200+ million) goes 

to the Freely Associated States under our Compacts of Free Association yet the Office only has two employees in those nations (one each in the Marshall Islands and 

Micronesia-plus four in Hawaii). Do you believe there is a need for additional staffing in those nations to oversee this amount of funding? 

Answer. It is my understanding that in addition to staff listed above; several staff 

in the Washington, DC office spend most of their time on compact issues. However, 

resources for additional staff are limited. I would be happy to review whether an 

increase is feasible if I am confrrmed as the Assistant Secretary. 

Question 2. The U.S. Virgin Islands is facing tough economic times with the shutdown of the Hovensa petroleum refinery both from a loss of jobs and income as well 

as from higher energy costs. If confirmed, what action do you believe the Office of 

Insular Affairs should take to help the people of the USVI? 

Answer. I am aware of challenges facing U.S. territories and freely associated 

states due to high energy costs. With regard to the U.S. Virgin Islands, the closure 

of the Hovensa petroleum refinery has caused harm to the USVI’s economy, including jobs losses and higher energy costs. It is my understanding that the Interagency 

Group on Insular Areas has met to discuss concerns surrounding the energy crisis, 

and federal partners from the Departments of Energy, Commerce and Agriculture 

continue to participate in discussions on key energy issues and possible solutions 

with key USVI officials. If confirmed, I look forward to engaging with Congress, our 

federal partners, energy research entities and USVI officials to find solutions to this 

problem. 

41 

Question 3. Earlier this year Congress passed, and the President signed into law, 

legislation granting the Northern Marianas jurisdiction over submerged lands similar to what the other states and territories already had, however, it is my understanding that those lands have not yet been conveyed to the CNMI. Could you give 

me an update on the status of that conveyance? 

Answer. It is my understanding that the conveyance of the submerged lands surrounding the CNMI will take place by operation of law 120 days after the date of 

enactment. I do not have any information about current discussions within the Administration at this time. If confirmed I would be happy to discuss this important 

matter. 

Question 4. Could you explain the decision to close the Office of the Federal Ombudsman in Saipan? What assurances do you have from the Departments of Labor 

and Homeland Security that foreign workers will have access to federal assistance 

if warranted? 

Answer. Although I am not at the Department, it is my understanding that in 

2009 the Department of Homeland Security took over immigration responsibilities 

in the Commonwealth ofNorthern Mariana Islands pursuant to the terms of the 

Consolidated Natural Resources Act. I have been told by the Department that in 

the past several years, the work of the Ombudsman’s office has shifted dramatically 

from working on serious labor and trafficking violations to assisting individual alien 

workers with more routine immigration and labor issues. 

RESPONSES OF CHRIS SMITH TO QUESTIONS FROM SENATOR MURKOWSKI TOPHER

Question 1. The NERA study used 2011 data from the Energy Information Administration’s Annual Energy Outlook. At the time the study was commissioned, was 

the AEO from 2012 or 2013 available? 

Answer. No, the NERA study used projections from EIA’s natural gas export 

study, which was commissioned on August 15, 2011 and completed on January 19, 

2012. The EIA natural gas export study used 2011 projections, which at the time 

were the most recent projections available. 

Question 2. To what extent does the Department of Energy incorporate the most 

recent EIA data when assessing LNG export applications? Does it use AEO 2013, 

for example? 

Answer. The Department is constantly monitoring the natural gas market, which 

includes the latest EIA projections, such as AEO 2013. The Department discussed 

the comparison of AEO 2011 with AEO 2013 in its recent LNG export authorizations. 

Question 3. When comparing the EIA projections from AEO 2011 to the projections from AEO 2013, is more or less natural gas expected to be produced domestically? Is more or less LNG expected to be exported from the United States. 

Answer. AEO 2013 projects domestic natural gas production to be greater than 

the amount projected in AEO 2011. AEO 2013 also projects higher exports of LNG 

than AEO 2011. 

Question 4. Record levels of U.S. natural gas are currently being exported to Mexico and Canada via pipeline. Has the Department of Energy observed any harmful 

impact to overall energy markets and supply as a result of this increase? 

Answer. Although exports of natural gas to Canada and Mexico in 2012 were at 

record levels of 1.0 trillion cubic feet (Tcf) and 0.6 Tcf, respectively, the United 

States imports significantly more natural gas from Canada than it exports to either 

country and remains a net importer of natural gas. The Department notes that net 

pipeline imports of natural gas have declined from a peak of 3.4 Tcf in 2001, to 1.4 

Tcf in 2012, while domestic production of dry natural gas has risen from 19.6 Tcf 

in 2001 to 24.1 Tcf in 2012. Wellhead natural gas prices declined during this period. 

The Department has not observed any harmful impacts to overall energy markets 

and supply resulting from the decrease in net natural gas imports via pipeline. 

Question 5. Do any memoranda of understanding or other joint agreements govern 

the Office of Fossil Energy’s relationship with the Department of State’s Bureau of 

Energy Resources? 

Answer. No, the Office of Fossil Energy does not have formal agreements with the 

Department of State’s Bureau of Energy Resources. As we do with other interagency 

partners with which we share equities, the Office of Fossil Energy has a good working relationship with the Department of State, particularly on collaboration on shale 

gas and bilateral activities with China, Canada, and Norway. 

Question 6. How would you describe the national interest in promoting best practices in fossil energy development overseas, either through partnership with the Department of State or other programs? 

42 

Answer. Promoting best practices in fossil energy development overseas serves 

American interests for economic, environmental and national security reasons. 

CCS Role in EPA Climate Rules 

Question 7a. The Environmental Protection Agency is writing climate regulations 

for new and existing power plants and the agency looks to be headed towards mandating the use of carbon capture and storage (CCS). I understand that the position 

you are nominated for isn’t directly responsible for these rules, but in the interagency process and as a technical matter you can and should be in a position to 

speak to the readiness of CCS. 

In your opinion is CCS currently commercially available for power plant applications? 

Answer. CCS technology has been and continues to be deployed in a range of 

projects. There are twelve large-scale CCS projects in operation worldwide today. 

CCS technology has been and continues to be deployed with CO2 captured from gas 

processing and industrial separation. By 2020 another eight projects, including the 

first commercial scale electric power plants with CCS, are anticipated to come online. If confirmed, I will continue to work with industry in advancing CCS technologies to continue reducing the cost of capture, making CCS more efficient, and 

preparing for wider-scale deployment in future years. 

Question 7b. Do you believe that the affordability of installing and operating CCS 

equipment should be accounted for in defining the phrase ‘‘commercially available’’? 

Answer. All components of CCS, including large-scale CO2 capture, transportation, and multi-million ton per year injection, have been demonstrated world-wide 

and in the U.S. for many years. We expect to see substantial cost reductions brought 

into industrial practice with continued R&D and as large-project deployments advance from first-of-a-kind plants. 

Question 7c. Please outline the work DOE generally and areas under your direction specifically are taking to enable this technology to become a practical reality? 

Answer. The Office of Fossil Energy (FE) is addressing the challenges of widespread deployment of clean coal technologies by sponsoring large-scale demonstrations and investing in advanced technologies to reduce costs. 

FE is funding, in partnership with industry, eight major demonstration projects 

that will help address the first-of-a-kind technology risks that come with deploying 

innovative CCS technologies. In order to reduce costs and make carbon capture 

more efficient, the Office of Fossil Energy has a robust research and development 

program investing in advanced and revolutionary CCS technologies. 

FE is also focused on carbon storage, developing technologies with industry to ensure the safe and permanent storage of the captured CO2 in different geologic formations and sequestering large volumes of CO2 through seven Regional Carbon Sequestration Partnerships. These large volume tests and related applied science will 

provide the field experience to develop and validate technologies that can predict 

storage capacity, validate storage permanence, and develop best practices. 

RESPONSES OF CHRISTOPHER SMITH TO QUESTIONS FROM SENATOR PORTMAN

Question 1. As I asked during the your hearing, I would appreciate it if you can 

provide this committee a detailed report on DOE’s existing CCS programs that includes: an assessment of the success of individual programs, and an assessment of 

the estimated time frame and estimated cost to federal taxpayers to get CCS technologies to commercial viability? 

Answer. If confirmed, I will commit to providing the committee detailed information on DOE’s existing CCS programs. We are committed to transparency and our 

proud of our technology program. The Office of Fossil Energy will provide detailed 

information outlining our key programs and their progress. 

Question 2. If confirmed, will you increase, decrease, or maintain the current pace 

of NFTA applications for LNG export from the United States? 

Answer. If confirmed, I will continue to expeditiously process the applications on 

a case-by-case basis. 

Question 3. At the current DOE pace, some projects that were in the queue this 

time a year ago may not have a decision on NFTA authorization much before 2016. 

Is a three year wait appropriate? 

Answer. When DOE makes a public interest determination on an application, an 

order is released that explains the detailed reasoning for making the decision. These 

are complex documents in which DOE must address a wide range of issues, including economic, environmental and energy security and supply issues, as well as 

claims and counter-claims made in the public comments. If confirmed, I will continue to process these applications as expeditiously as possible. 

43 

Question 4. Currently, DOE is processing NFTA applications one at a time, in the 

order that the applications were received. Is there an opportunity for DOE to process the applications concurrently? 

Answer. The Department of Energy is reviewing the LNG export applications on 

a case-by-case basis, weighing any circumstances that may be unique to an individual application. The Department looks at the potential cumulative impacts of 

each conditional authorization as it goes forward. 

Question 5. Since one of the strategic focus areas of the administration is natural 

gas, what consideration has been given to accelerate the application of technology 

developed in the Solid State Energy Conversion Alliance (SECA) program for highly 

efficient electric power generation directly from natural gas? 

Answer. In response to recent budget constraints, the Office of Fossil Energy’s 

Clean Coal program has prioritized near-term CCS technologies deployable in the 

2020 timeframe. As a result, development of solid oxide fuel cells for 100-plus megawatt coal-based systems, a longer-term transformational technology, was not supported by the FY 2014 budget request. 

However, the Solid State Energy Conversion Alliance (SECA) Cost Reduction program achieved its 2010 goals performance and durability. Progress under this program has brought solid oxide fuel cell technology to a point where it is approaching 

commercial feasibility for small scale (sub-megawatt) applications that can be supported by investment from industry (e.g., Bloom Box). 

Question 6. With the growing reserves of natural gas, and the move to natural 

gas as a fuel for electric power generation, how is natural gas utilization being addressed to ensure lowest cost and highest efficiency electric power generation? 

Answer. The Office of Fossil Energy does not have a technology program on natural gas utilization. The Department is focused on ensuring a safe and environmentally sustainable supply of natural gas. That said, some of the Office of Fossil 

Energy’s work under the coal program is applicable for natural gas power generation, such as carbon capture and plant efficiency technologies. 

Question 7. Does the DOE see a relationship between near-term natural gas application of SECA technology for distributed generation and the long-term goal of central power generation with gasified coal? 

Answer. Yes. Many of the core challenges facing SECA technology commercialization are independent of fuel type (i.e., natural gas or syngas) and success in natural 

gas commercialization may support longer-term commercialization with other carbon-based fuels. 

RESPONSES OF CHRISTOPHER SMITH TO QUESTIONS FROM SENATOR LANDRIEU

The Department of Energy has begun to grant authorizations for the export of 

LNG to non-FTA countries. These orders have generally authorized export for a flat 

20-year term commencing with first LNG export from a particular LNG export facility. Given the billions of dollars of investment needed to develop and build LNG export facilities, these projects generally require long-term commercial off-take agreements with customers to secure financing. It is common in the LNG industry for 

these long-term agreements to have a 20-year term commencing with full commercial operations of the LNG export facility. Therefore, the term of the export authorizations raises potential commercial and financing issues for LNG export projects. 

First, testing and commissioning of LNG facilities will require the production of 

small quantities of LNG. These quantities may be insufficient to trigger start of the 

customer contracts. But it is unclear whether it will trigger the start of the DOE 

authorization. If this timing mismatch occurs, it may impair the ability of proposed 

LNG export projects to raise the required financing that is supported by the revenues under those agreements. 

Second, LNG export projects are commonly designed to have multiple LNG production units, or trains, that are constructed, tested and commence operations sequentially over a multi-year period, resulting in a ramping up of production at an 

LNG export facility. A flat 20-year term of export authorization that is triggered by 

first export ignores this reality, and potentially leaves LNG export projects with insufficient authorization to meet their commitments under commercial off-take agreements, even those with an equivalent 20-year term. 

Question 1. Is the Department willing to issue clarifications on this issue so that 

the necessary commercial off-take agreements and substantial financing needs for 

these projects are supported by the regulatory approvals backing them? 

Answer. The 20-year term begins from the date of first export to a non-FTA country, not the date of first liquefaction. Accordingly, the production of small quantities 

of LNG for testing and commissioning will not trigger the 20-year term. 

44 

In imposing this condition, the Department is mindful that LNG export facilities 

are capital intensive and might ramp up over a multi-year period. Parties are free 

to request clarification or rehearing regarding the conditions that apply to their 

final authorizations. The Department will respond to all such requests in the context of those proceedings. 

• I have some concern regarding the current pace of permitting for LNG export 

applications as well. I see that some projects that were in the queue this time 

a year ago may not even receive NFTA approval much before 2016. 

That’s a three-year wait before getting NFTA approval—not two months. This 

places the financing and contract agreements for these facilities in jeopardy, and 

risks the economic benefit they promise. 

Question 2. What is your plan to speed up the process to match the critical commercial window so the US captures the greatest possible opportunity? What angles 

have you explored to move this forward more quickly so that qualified projects can 

capture the opportunity for the U.S.? 

Answer. When DOE makes a public interest determination on an application, an 

order is released that explains the detailed reasoning for making the decision. These 

are complex documents, in which DOE must address a wide range of issues, including economic, environmental and energy security and supply issues, as well as 

claims and counter-claims made in the public comments. If confirmed, I will continue to process these applications as expeditiously as possible. 

RESPONSES OF CHRISTOPHER SMITH TO QUESTIONS FROM SENATOR BARRASSO

Question 1. On October 29, 2013, before the House Committee on Science, Space, 

and Technology, your predecessor, Charles D. McConnell, stated that ‘‘[t]he cost of 

current CO2 capture technology is much too high to be commercially viable.’’ He explained that ‘‘[t]echnology exists for separation and capture of CO2 at the plant, but 

it increases the cost of generated electricity by about 80%.’’ Finally, he noted that 

‘‘affordable solutions may be decades away with the current level of funding.’’ Do 

you agree with Mr. McConnell’s statements? If not, why not? 

Answer. CCS (with and without enhanced oil recovery EOR or other utilization) 

has been deployed at 12 facilities world-wide. The technology components have been 

tested at large-scale and integrated projects at medium-scale (approximately 100 

megawatts). As such, I do believe that CCS is ready to deploy on new power plants. 

If confirmed, my job will be to continue to reduce the technical risk and lower costs 

to provide the widest set of options for clean fossil energy deployment in the US 

by US companies. 

I believe we have already made significant progress. During the Obama Administration, DOE has made an approximately $6 billion commitment to accelerate deployment of clean coal technologies, including technologies to capture carbon dioxide 

from coal plants. All components of CCS, including large-scale CO2 capture, transportation, and multi-million tons per year injection, have been demonstrated worldwide and in the US for many years. We expect to see substantial cost reductions 

brought into industrial practice with continued R&D and as large-project deployments advance from first-of-a-kind plants. This has been the course of many other 

energy technologies, including wind, solar, natural gas, and vehicle efficiency. 

Question 2. Some argue that power plant owners which deploy carbon capture 

technology will be able to recoup part of their costs by selling carbon dioxide for the 

purposes of enhanced oil recovery (EOR). However, EOR only takes place in certain 

areas of the country, specifically in states with aging oil fields and a carbon dioxide 

pipeline network. Is it reasonable to assume power plants throughout the country 

will be able to sell carbon dioxide for the purposes of EOR? Is EOR really a means 

for power plants nationwide to offset the costs of deploying carbon capture technology? 

Answer. EOR currently represents about 2 percent of oil production, or 0.3 bbl/ 

day. A study carried out for the EIA suggested that 3M bbl/day might be produced 

domestically with CO2 EOR, and EOR is part of several of the CCS projects currently being supported. While EOR currently only takes place in certain areas of 

the country, those areas will serve as critical commercial opportunities that will 

produce domestic oil and provide revenues as we drive down the costs of CCS technology nationwide. All would benefit from the cost reduction and learning-by-doing 

that comes from increased CCS deployment. In addition, those projects and investments would anchor expanded CO2 pipeline infrastructure, which will ultimately 

support and even attract companies who wish to take advantage of CO2 storage natural resource. 

45 

Question 3. Do you believe that carbon capture and storage technology has been 

‘‘adequately demonstrated’’ as defined pursuant to section 111 of the Clean Air Act 

(42 U.S.C. 7411)? 

Answer. Whether a technology is ‘‘adequately demonstrated’’ within the meaning 

of the Clean Air Act is an issue committed to EPA’s discretion. DOE does not make 

that determination. 

That said, there are twelve large projects in commercial operation today demonstrating CCUS around the world. All components of CCS, including large-scale 

CO2 capture, transportation, and multi-million ton per year injection, have been 

demonstrated world-wide and in the U.S. for many years. 

RESPONSES OF CHRISTOPHER SMITH TO QUESTIONS FROM SENATOR CANTWELL

Question 1. DOE’s national laboratories, including PNNL, are a national asset 

with world class expertise in subsurface science and engineering. 

While new techniques in national gas production have dramatically changed our 

domestic energy outlook, it is imperative DOE fully utilize these capabilities to better understand and address environmental implications. 

We need to bring our best assets to bear in understanding the limits of natural 

gas recovery from shale, the potential for induced seismicity; and the best practices 

for protecting the environment. How do you plan to access the breadth of capability 

available in subsurface science and engineering, and apply it to the broader challenges within Fossil Energy’s mission area? What are your plans to collaborate with 

offices across the Department on cross-cutting challenges in subsurface science and 

engineering? 

Answer. The Office of Fossil Energy is dedicated to utilizing the expertise and resources of the national laboratories. The National Risk Assessment Partnership 

(NRAP)—an initiative within the Office of Fossil Energy and led by the National 

Energy Technology Laboratory (NETL)—is a collaboration of national laboratories, 

including PNNL, that uses science-based prediction of engineered-natural systems 

to understand the long-term geologic storage of carbon dioxide. 

The Office of Fossil Energy has been working with the other program offices within the Department on understanding cross-cutting challenges in subsurface science 

and engineering, per direction from Secretary Moniz. If confirmed, I would be happy 

to brief you on all of the Office of Fossil Energy’s subsurface activities and discuss 

your interests in subsurface science in the national interest. 

Question 2. DOE’s solid-oxide fuel cell (SECA) program represents a highly successful partnership between the Department, its national laboratories and industry—working on bringing fuel cell technology to commercial readiness for high efficiency natural gas distributed generation applications. What are your plans to ensure Fossil Energy supports this program? 

Answer. In response to recent budget constraints, the Office of Fossil Energy’s 

Clean Coal program has prioritized near-term CCS technologies deployable in the 

2020 timeframe. As a result, development of solid oxide fuel cells for 100 plus megawatt coal-based systems, a longer-term transformational technology, was not supported by the FY 2014 budget request. 

However, the Solid State Energy Conversion Alliance (SECA) Cost Reduction program achieved its 2010 goals performance and durability. Progress under this program has brought solid oxide fuel cell technology to a point where it is approaching 

commercial feasibility for small scale (sub-megawatt) applications that can be supported by investment from industry (e.g., Bloom Box). 

Question 3. Ramgen Power Systems, a small energy technology company in Washington state, is developing a unique shock wave compression technology that could 

reduce the cost of compressing carbon dioxide. Are you aware of this carbon dioxide 

compression research and development? Do you believe this technology could be applied to small engines for distributed generation uses? Will you look into the potential of this technology, if confirmed? Answer. I am aware of Ramgen Power Systems, who received $30 million in funding through the American Recovery and Reinvestment Act, and their unique shock 

wave compression technology. NETL staff briefed me on the technology after an August visit. If confirmed, I will commit to looking into the potential of this technology 

for small engines for distributed generation. 

RESPONSES OF CHRISTOPHER SMITH TO QUESTIONS FROM SENATOR MANCHIN

Two weeks ago, there was a joint Committee hearing held in the House on the 

new EPA greenhouse gas regulations for new power plants. In that hearing, both 

Chuck McConnell, the former Assistant Secretary for Fossil Fuels (your predecessor 

and former boss) and Dr. Richard Bajura, an expert on clean coal and CCS techVerDate Nov 24 2008 16:25 Jan 10, 2014 Jkt 000000 PO 00000 Frm 00049 Fmt 6601 Sfmt 6621 G:\DOCS\86167.TXT WANDA
46 

nologies from West Virginia University, testified that CCS and CCUS technology is 

not currently commercially available and has not been adequately demonstrated. 

Chuck McConnell also testified that we need to bring the cost of CO2 capture technology down if we’re going to be able start using it on new power plants, and that 

the only way to do that is more research and more demonstrations. 

But last week, Secretary Moniz said that CCS technology is ready to meet the 

EPA new standard. He said this even as the projected costs of building the plant 

in Kemper County are double what they were initially expected to be. 

Question 1. I want to ask you directly: do you think carbon capture and storage 

(CCS) is ready to be deployed on all power plants? Please answer yes or no. 

Answer. CCS (with and without EOR or other utilization) has been deployed at 

12 facilities world-wide. The technology components have been tested at large-scale 

and integrated projects at medium scale (approximately 100 megawatts). As such, 

I do believe that CCS is ready to deploy on new power plants. If confirmed, my job 

will be to continue to reduce the technical risk and lower costs to provide the widest 

set of options for clean fossil energy deployment in the U.S. by U.S. companies. 

As a follow-up question, Secretary Moniz has said in the past—to me personally 

and publically—that we will need to use CCS on natural gas power plants in the 

future to meet the President’s Climate goals. 

Question 1a. So I want to ask you: if CCS is ready for coal power plants, shouldn’t 

it have to be used on natural gas plants too? We know that we can capture the CO2

from the stack: we’ve done it in West Virginia at the Mountaineer plant. The only 

reason we’re not doing it now is that it’s too expensive. So if CCS is ready, why 

are we only penalizing coal? 

Answer. As you know, EPA promulgated the rule creating a separate standard for 

coal and natural gas. While many CCS technologies are applicable for natural gas 

capture, there are key differences that need to be addressed. 

In order to be successful in the job that you are seeking, you will necessarily have 

to be an advocate for your programs, especially your coal program. 

Over the last several years this Administration has continued to shrink both the 

fossil energy and the coal budget, while doubling down on renewables and energy 

efficiency. 

Question 2. I know that you don’t have complete control over funding, but will you 

go to the mat for coal and fossil R&D funding? 

Have you personally advocates for a larger coal budget within the Department in 

the past? If you did, what happened? Did the Secretary deny your request? 

Answer. During the Obama Administration, the Department has committed nearly $6 billion in clean coal technologies, including CCS research, development, and 

deployment. If confirmed, I will continue this commitment, within the budget constraints set by Congress. 

The Department of Energy gave a $270 million dollar grant to Southern Company 

to help build the next-generation coal-power plant with carbon capture they’re building in Kemper County, Mississippi. We all know that they are way over cost, almost 

at $5 billion dollars when initially it was thought the plant would cost $2.4 billion. 

So they’re over double the cost. 

Tom Fanning has said that one of the reasons they’re over cost is that they didn’t 

do enough engineering work up front, before they started working on the plant. He 

hasn’t gone into any more detail though. From what I understand, he hasn’t given 

your Department any more information either, and if he has, your department 

hasn’t published it. 

Question 3. I believe the only way we can learn is to learn from our mistakes. 

Can you promise me that if you’re confirmed, you will get to the bottom of where 

the cost overruns happened, and publish a report on it immediately? It should only 

be fair that they provide your department with those numbers since helped fund the 

plant, correct? 

Answer. Under the cooperative agreement between the Department of Energy and 

Southern Company, there are terms for data sharing so the Department can help 

apply best practices to other projects going forward. If confirmed, I will work to understand how and why the cost overruns happened. 

As you know, I have a keen interest in the National Energy Technology Laboratory in Morgantown. NETL is at the forefront of researching how to develop and 

use fossil energy in an environmentally responsible fashion. They’ve also been very 

successful, with scores of R&D 100 awards in the last decade, and numerous Federal Laboratory Consortium awards for Excellence in Technology Transfer. In short, 

NETL is great lab, doing great things for the fuels that we use the most, and getting those technologies to the marketplace. 

47 

NETL is also unique in that it operates as a Government-owned, Government-operated (GO-GO) facility. NETL’s operating model is common throughout much of the 

Government, but not for the national labs. 

Question 4. If confirmed would you support the current GO-GO structure of 

NETL? 

Answer. The National Energy Technology Laboratory is a key resource for the Office of Fossil Energy and the Department of Energy. The staff at NETL serve the 

needs of the nation well and deserve support. If confirmed, I will continue to support NETL and look forward to opportunities to discuss NETL with you in the future. 

NETL has also traditionally had a role working in a broad range of DOE programs, most recently Energy Efficiency and Renewable Energy (EE/RE) and the Office of Electricity Delivery and Energy Reliability (OE). 

Question 4a. Would you support the continued efforts of NETL in accomplishing 

these key aspects of DOE portfolio? 

Answer. Yes, I support NETL’s work for the Office of Fossil Energy and other program offices. 

The National Energy Technology Laboratory has only had an interim Director 

since late September. I have not heard any updates during that time about any 

progress made in finding a new Director. 

I understand that this process does not occur overnight, but I am concerned that 

without a clear path to new leadership, operations and progress in critical research 

areas such as carbon sequestration will suffer. As such, I want to express my hope 

that the Department is moving with all appropriate speed on this task. 

Question 5. Can you provide an update on the progress in finding a new Director 

and an estimated month by which one will be appointed? 

Answer. We do not have an estimated time by which a new Director will be appointed, but we are committed to finding one expeditiously. We are driving the process with care and diligence, and would be happy to provide regular updates to your 

office. 

Question 6. There are programmatic barriers that limit the National Energy Technology Laboratory ability to grow its programs and capabilities beyond its historical 

fossil energy mission space. Would you be willing to help remove those barriers so 

that NETL can respond to opportunities to grow? 

Specifically, will you work to allow NETL to explore into other arenas of research, 

as have other labs and sections of DOE? This type of research has allowed other 

organizations to grow in DOE. 

Answer. Having a national laboratory focused on the fossil energy space is an invaluable national resource. If confirmed, I will look into potential opportunities for 

NETL expand their expertise in related areas. 

A recent NETL study reported that we could almost triple the amount of oil economically recoverable via Enhanced Oil Recovery (EOR), from over 20 billion barrels 

to 60 billion barrels, through advanced and next-generation EOR technologies and 

practices. 

Advanced technologies are needed to unlock this substantial domestic resource of 

‘‘stranded’’ oils, however, this Administration consistently requests zero funding for 

Department of Energy oil research. 

Question 7. My question to you Mr. Smith is—given this significant potential and 

all the associated benefits to our nation if we develop this ‘‘stranded’’ oil resource, 

would you, if confirmed, advocate for research funding focused on Enhanced Oil Recovery, including funding for carbon dioxide enhanced oil recovery technologies? 

Answer. EOR currently represents about 2 percent of oil production, or 0.3 bbl/ 

day. A study carried out for the EIA suggested that 3M bbl/day might be produced 

domestically with CO2 EOR, and this is part of several of the CCS projects currently 

being supported. Such a factor of ten increase in CO2 EOR compared with today 

would require capture of over five hundred megatons of CO2 from power plants and/ 

or appropriate manufacturing. 

Five out of the eight major CCUS demonstration projects include an EOR component. If confirmed, I will continue to focus on the opportunities for utilizing captured 

CO2 facilities. 

The Department of Energy’s research portfolio seems void of research aimed at 

improving the efficiency of natural gas production from shale formations and other 

unconventional formations, and in maximizing resource recovery. Such research 

would have widespread benefits for many businesses and for our nation. 

Question 8. That being the case, do you recognize the value in production-related 

research and would you actively work to secure funding from Congress through the 

DOE Office of Fossil Energy to conduct this research? 

48 

Answer. DOE played a significant role in the research and development that has 

led to U.S. industry greatly increasing our Nation’s natural gas and oil production 

from shale. The Office of Fossil Energy currently funds R&D on ensuring the safe 

and environmentally sustainable supply of natural gas. NETL also oversees research expenditures from the Royalty Trust Fund created in the 2005 Energy Policy 

Act. This research program supports environmentally sound unconventional natural 

gas production, among other programs such as ultra-deep water and small producers. If confirmed, I will work to ensure the Office of Fossil Energy’s research ensures the safe and environmentally sustainable supply of natural gas. 

Many of the landowners and businesses alike involved in the recovery of Shale 

gas are concerned about the usage of water in that process. Given the enormous economic potentials of this shale gas, such a concern should be addressed. To reduce 

the Environmental footprint of Natural Gas production, ‘‘a comprehensive program 

is needed to address the issues of water use and backflow and produced water in 

unconventional gas production,’’ as recommended in a report issued from an MIT 

study group chaired by Dr. Moniz in 2011. 

Question 9. Would you support the funding of a program in the DOE Office of Fossil Energy to accomplish such an important goal? 

Answer. As mentioned above, the Office of Fossil Energy currently funds R&D on 

ensuring the safe and environmentally sustainable supply of natural gas. NETL also 

oversees research expenditures from the Royalty Trust Fund created in the 2005 

Energy Policy Act. These programs currently support research in water quality, 

availability, and management. The Department has recently pulled together a crosscutting team to look specifically at the water and energy nexus and, if confirmed, 

I will continue to support that effort. 

The coal research and development portfolio is heavily focused on carbon capture 

and sequestration, yet it is clear that advances in other areas of coal technologies 

can have a significant impact on reducing emissions and costs associated with coal 

use. These types of incremental changes are an area where we have succeeded in 

the past and have a low risk profile. 

Question 10. Would you also support a robust suite of research programs into 

other coal related technologies including mining, advanced power efficiencies, combustion research, gasification, fuel cells, and coal-to-liquids? 

Answer. The Office of Fossil Energy has a robust R&D program for non-CCS clean 

coal technologies. The Advanced Energy Systems program explores advanced combustion systems, gasification systems and hydrogen turbines. The cross-cutting research program explores plant optimization technology and coal utilization science. 

If confirmed, I will continue to support a robust and comprehensive clean coal technologies program. 

(49) 

APPENDIX II 

Additional Material Submitted for the Record 

STATEMENT OF TINA CABILES-CARDEN, PRESIDENT, HUI HAWAI’I, UTAH HAWAIIAN

CIVIC CLUB

By way of introduction, Hui Hawai’i O Utah Hawaiian Civic Club is located in 

Salt Lake City, Utah and is one of sixty-eight units established nation-wide under 

the umbrella of the Association of Hawaiian Civic Clubs, which is based in Honolulu, Hawai’i. The first Hawaiian Civic Club was organized in 1918 by Prince Jonah 

Kalanianaole Kuhio, then Hawai’i’s delegate to the U.S. Congress, and a group of 

civic-minded Hawaiian men who envisioned the pressing need for Native Hawaiians 

to engage in the county, state, and Federal levels of government. Hui Hawai’i O 

Utah members, together with other Native Hawaiians throughout Utah, continue to 

maintain strong cultural ties to Hawai’i while simultaneously being effective and 

contributing residents prepared to act on issues that affect our individual communities. 

Esther Puakela Kia’aina is such a committed Native Hawaiian leader. As president, I am writing in support of Ms. Kia’aina’s nomination as Assistant Secretary 

of Insular Areas, United States Department of Interior. She has had exceptional 

training in schools of recognized excellence; a broad background in policy and planning in Hawai’i, U.S. Pacific Territories, Freely Associated States of Micronesia, and 

Asian and Pacific Islander issues; and applicable experiences in and at the Federal 

level which repeatedly prove her ability to administer all the responsibilities as Assistant Secretary of Insular Areas. 

After you have examined Ms. Kia’aina’s credentials, we respectfully request your 

approval, together with the other members of the Committee on Energy and Natural 

Resources, of Esther Puakela Kia’aina’s nomination as Assistant Secretary of Insular Areas, United States Department of Interior. 

Mahalo (thank you). 

STATEMENT OF JOBIE M. K. MASAGATANI, CHAIRMAN, HAWAIIAN HOMES COMMISSION, 

HONOLULU, HAWAII

Aloha Chairman Wyden, Ranking Member Murkowski, and distinguished members of the Senate Committee on Energy & Natural Resources. Thank you for this 

opportunity to provide this testimony in support of President Obama’s nomination 

of Ms. Esther Kiaaina. Ms. Kiaaina is very well qualified for this leadership position 

as she brings years of Washington experience and profound knowledge of insular 

areas to the Department of the Interior. 

Over her professional career, Ms. Kiaaina has demonstrated a strong 

committment to public service. Among her accomplishments is her work while on 

U.S. Senator Daniel K. Akaka’s staff to achieve passage of the Hawaiian Home 

Lands Recovery Act (P.L. 1040942) nearly 20 years ago. As a result of this effort, 

the Department of Hawaiian Home Lands received a committment of 913 acres of 

Federal land to settle land use and ownership disputes between our agency and the 

Federal Government. This settlement marked a turning point in our agency’s history, and these lands are now used to generate resources to support our public land 

trust and homestead program. 

In addition to this landmark legislation, Ms. Kiaaina’s attention to Office of Management and Budget (OMB) Statistical Policy Directive No. 15 significantly revised 

the way the Nation collected data on Native Hawaiians. This has led to greater 

awareness regarding the needs of our population, and, as a result, more effective 

programs. 

In closing, Ms. Kiaaina has served Hawaii well as staff and as an advisor to members of our state’s congressional delegation, as chief advocate of the Office of HawaiVerDate Nov 24 2008 16:25 Jan 10, 2014 Jkt 000000 PO 00000 Frm 00053 Fmt 6601 Sfmt 6621 G:\DOCS\86167.TXT WANDA
50 

ian Affairs, and as first deputy of Hawaii’s Department of Land and Natural Resources. With her experience and commitment to public service, she will be a tremendous asset to the Department of the Interior. For this reason, we strongly support this nomination and we ask your committee’s favorable consideration. Mahalo 

nui loa (thank you very much). 

AMERICAN SAMOA GOVERNMENT, 

November 11, 2013. 

Hon. RON WYDEN, 

Chairman, U.S. Senate Committee on Energy and Natural Resources, Washington, 

DC. 

DEAR CHAIRMAN WYDEN: 

On behalf of the people of American Samoa, I wish to express our support for the 

confirmation of Ms. Esther P. Kia’aina as the new Assistant Secretary of the Office 

oflnsular Affairs, U.S. Department of the Interior. 

Ms. Kia’ aina has long been an active and strong supporter for Pacific Island peoples. She has a long history of advocacy and compassion for issues impacting the 

lives of the Pacific Islanders.In these tough social and uncertain economic times, the 

U.S. territories need an Assistant Secretary that is well versed on the issues facing 

our people and local governments. We also need a voice in the Federal Government 

that has the cultural sensitivity to address our issues with understanding and relevance. Ms. Kia’aina will be a great representative of the peoples of the Pacific, as 

well as doing honor to the position of Assistant Secretary. 

It is with much respect that I ask for your support of Ms. Kia’aina’s confirmation 

to be the next Assistant Secretary of the Office of Insular Affairs. 

Sincerely, 

LOLO MATALASI, MOLIGA , 

Governor of American Samoa. 

STATEMENT OF EDDIE BAZA CALVO, GOVERNOR, ADELUP, GUAM

I am writing in full support of Esther Kia’aina’s nomination as the Assistant Secretary for Insular Affairs in the U.S. Department of the Interior. Esther was born 

on Guam, and is a native Hawaiian. She was the Chief of Staff of Guam’s former 

Representative to Congress, Robert Underwood. I believe her background makes her 

intimately familiar with the issues facing the Insular Areas. 

I have personally been acquainted with Esther’s family for years, and am proud 

to see a fellow islander be given the opportunity to serve her nation and her Pacific 

community. I believe her upbringing on Guam established roots that have kept her 

grounded to her heritage and laid the foundation for her career in public service. 

Ties to the islands and her experience in the highest levels of the Federal Government make her an ideal candidate for the position. 

Insular Area issues are complex because, although there are similarities, there 

are also vast differences between America’s territories and states. We face similar 

challenges and our constituents have similar needs. Nevertheless, our different geographical locations, political status, economic abilities, and access to resources require a different approach to allow us to help ourselves and families. I am certain 

that our islands will greatly benefit from having an Assistant Secretary who realizes 

this and is committed to workable solutions for all territories. 

If confirmed her presence will benefit all the Insular Areas and the freely associated states. With Esther at the helm, we can begin positive discussions on critical, 

long-range policy decisions like climate change, self-determination, and other Federal matters that affect not just Guam, but all the Insular Areas. 

I recommend her swift contirmation so the next, promising chapter in territorialFederal relations can begin. 

GUAM CHAMBER OF COMMERCE PARTNERS IN PROGRESS 

November 12, 2013. 

Hon. RON WYDEN, 

Chairman, U.S. Senate Committee on Energy and Natural Resources, Washington, 

DC. 

Support for Esther Kia’aina Appointment as the Assistant Secretary for Insular 

Areas at the U.S. Department of the Interior 

51 

DEAR CHAIRMAN WYDEN: 

On behalf of the Guam Chamber of Commerce, we write this letter of recommendation to support Guam-born Esther Kia’aina’s appointment to serve as the 

Assistant Secretary for Insular Areas at the U.S. Department of the Interior. 

In addition to her current position as First Deputy Director of the Department 

of Land and Natural Resources in the State of Hawaii, Esther Kia’aina has more 

than 25 years experience in public policy and community outreach in Washington, 

D.C., Hawaii, and the Western Pacific Region. 

Throughout her tenure, Esther served as Chief Advocate for the Office of Hawaiian Affairs, Land Asset Manager at the Kamehameha Schools, Chief of Staff to Congressman Ed Case of Hawaii, Chief of Staff and Legislative Director to Congressman Robert Underwood of Guam, and Legislative Assistant to Senator Daniel 

Akaka of Hawaii. 

Esther and her family have very strong ties to Guam. Esther attended San 

Vicente Catholic School in Barrigada. Her parents, the late Melvin and Lorelei 

Kia’aina, operated a very successful local plant nursery business for many years and 

are fondly remembered by many of our island leaders and residents for their active 

involvement in the community and for their many business and civic contributions. 

These traits and qualities are clearly evident in Esther’s professional and personal 

life. Having been born and rai sed in Guam, Esther is keenly aware of the issues 

and needs facing our island and has been instrumental in several key initiatives 

that have positively impacted Guam and the western pacific region including: 

• The Compact-Impact Reimbursement Act, which was included in Public Law I 

0809188, and provides $30 million annually in Compact Impact Aid to Hawaii, 

Guam, and other impacted areas. 

• The Guam Land Return Act, which became Public Law 10609504, and provides 

the Government of Guam with the first right of refusal for all Federal excess 

lands on Guam. 

• The Guam Foreign Investment Equity Act, which became Public Law 10709212, 

and provides greater forei gn investment opportunities in Guam through lower 

tax rates. 

• The Guam War Claims Review Commission Act, which became Public Law 

10709133, and addresses claims arising from the enemy occupation of Guam 

during World War II. 

• H.R. 4825, legislation authorizing Federal funding for Asian and Pacific Islander Higher Education Serving Institutions. 

Esther is a strong advocate for empowering communities by promoting leadership 

and capacity building, sustainable solutions, economic-self sufficiency, and business 

opportunities. 

We unreservedly support Esther Kia’aina’s appointment as the Assistant Secretary for Insular Areas at the U.S. Department of the Interior. We have no doubt 

that she will lead the department’s efforts in coordinating effective Federal policy 

and serve the people of the Pacific region with commitment and distinction if appointed. 

Sincerely, 

GERALD S.A. PEREZ, 

Chairman. 

DAVID P. LEDDY, 

President. 

HAWAIIAN AFFAIRS CAUCUS, DEMOCRATIC PARTY OF HAWAII, 

Honolulu, HI. 

Hon. RON WYDEN, 

Chairman, U.S. Senate Committee on Energy and Natural Resources, 304 Dirksen 

Office Building, Washington, DC. 

Hon. LISA MURKOWSKI, 

Ranking Member, U.S. Senate Committee on Energy and Natural Resources, 304 

Dirksen Office Building, Washington, DC. 

Re: Esther P. Kia’aina Nomination (SB09366, 9:30a.m., 11/14/13) 

Aloha Senator Wyden and Senator Murkowski, 

As the Chair of the Hawaiian Affairs Caucus for the Democratic Party of Hawaii, 

I am honored to offer the strong support of the Hawaiian Affairs Caucus of the 

Democratic Party of Hawai’i for President Barack Obama’s nomination of Ms. EsVerDate Nov 24 2008 16:25 Jan 10, 2014 Jkt 000000 PO 00000 Frm 00055 Fmt 6601 Sfmt 6621 G:\DOCS\86167.TXT WANDA
52 

ther Puakela Kia’aina to the post of the U.S. Department of the Interior’s Assistant 

Secretary of lnsular Affairs. 

On a Federal level, Ms. Kia’aina has served as Chief of Staff for Congressional 

Delegate Robert Underwood (D-Guam) and Congressman Ed Case (D-Hawai’i) and 

has also served as Legislative Aide to Senator Daniel K. Akaka (D-Hawai’i). After 

returning to Hawai’i, Ms. Kia’aina led local, state, and Federal advocacy efforts as 

the Chief Advocate for the Office of Hawaiian Affairs. Currently, she serves as the 

Deputy Director of the Hawai’i Department of Land and Natural Resources overseeing 1.3 million acres of public land. Ms. Kia’aina’s state and Federal experience 

in D.C. and the Pacific make her the ideal candidate for this position. 

Thank you in advance for this extraordinary opportunity to support a friend and 

mentor to the members of our caucus, Ms. Esther Kia’aina. 

Me ke aloha, 

KUHIO LEWIS, 

Chair, Hawaiian Affairs Caucus. 

STATEMENT OF JUDITH T. WON PAT, ED.D., CHAIR. COMMITTEE ON EDUCATION, 

PUBLIC LIBRARY & WOMEN’S AFFAIRS

My name is Judith T. Won Pat, Speaker of the 32nd Guam Legislature and I am 

writing to express my strong support for the confirmation of Ms. Esther Kiaaina as 

the Assistant Secretary of Interior for Insular Areas. 

President Obama’s decision to fill the position of Assistant Secretary for Insular 

Areas created new opportunities to strengthen the relationship between the Federal 

Government and the insular areas. The President’s appointment has significantly 

improved communication and coordination of Federal policy affecting these insular 

communities, whose voices have often gone unheard. Thus, it is critically important 

that the President’s nominee has the depth of knowledge of policy issues unique to 

the responsibilities of the Office of Insular Affairs and the experience to understand 

the complex nuances of Federal-Territorial relationships. 

President Obama chose well by appointing Ms. Esther Kiaaina. She is a young 

woman with a long and distinguished record of public service and has served the 

Nation well in her past employment in Washington, D.C., Hawaii and the Pacific 

Region. Her in-depth understanding of the insular areas is beneficial to the continued strength and security of our nation as the world leader of freedom and democracy. I am confident that her long standing relationship with the leaders of the insular areas will create a collaborative environment building bridges where great divides existed between the Federal Government and the Insular Areas. 

Ms. Esther Kiaaina will make an outstanding Assistant Secretary for our nation. 

I urge the members of the Energy and Natural Resources Committee to confirm her 

appointment as the Assistant Secretary of Interior for Insular Areas. 

STATEMENT OF SHERRY CAMPAGNA, CEO, KAMAKA GREEN, HONOLULU, HI 

As you know, Esther Kiaaina will be heading to D.C. today to begin preparations 

for her Nov. 14th confirmation hearing to be the Assistant Secretary for Insular Affairs at the Interior Department. 

I just wanted to send you a note letting you know that as a Hawaiian business 

owner, Native Hawaiian, sustainability advocate, human rights advocate and member of the YWCA’s Board of Directors, I wholeheartedly give Esther my complete 

support and I look forward to her confirmation. She is without question the right 

person for this job. 

KANAKAMOLI RELIGIOUS INSTITUTE, 

Honolulu, HI. 

Hon. RON WYDEN, 

U.S. Senate, Committee on Energy and Natural Resources, Washington, DC. 

DEAR CHAIRMAN WYDEN, 

I am a member of the Native Hawaiian community, and have been active in Hawaiian Affairs since 1980. 

I participated in the NATIVE HAWAIIAN STUDY COMMISSION, in 1983 in 

Washington, D.C., and also locally with the FEDERAL—STATE TASK FORCE ON 

HAWN HOME LANDS; as well as many hearings with the AKAKA BILL over the 

years since. 

53 

I have known ESTHER KIAAINA for decades during this extended process, and 

consider her a valued colleague of great stamina and wisdom, with Aloha, for her 

people and island home. 

Hawai‘i’s role in the Pacific, at the apex of the Polynesian Triangle, is expanding 

during this global pivot to Asia; and our shared cultural, economic, and ecological 

concerns with all of the Pacific islands are also increasing. 

I full-heartedly support her Presidential nomination to the position of; Assistant 

Secretary for Insular Affairs at the Interior Department. 

Mahalo nui loa, Ms. 

TONI AULD YARDLEY. 

KAUWAHI’ANAINA HAWAI’I, 

Hawaiian Civic Club, Provo, UT, November 11, 2013. 

Hon. RON WYDEN, 

Chairman, Committee on Energy and Natural Resources, U.S. Senate, 221 Dirksen 

Senate Office Building, Washington, DC. 

Hon. MIKE LEE, 

U.S. Senate Member, U.S. Senate Committee on Energy and Natural Resources, 316 

Hart Senate Office Building, Washington, DC. 

DEAR SENATOR WYDEN AND SENATOR LEE. 

Re: Nomination of ESTHER PUAKELA KIA’AINA as Assistant Secretary of Insular 

Areas, United States Department of Interior 

By way of introduction, Kauwahi’Anaina Hawai’i Hawaiian Civic Club is located 

in Provo, Utah and is one of sixty-eight units established nation-wide under the umbrella of the Association of Hawaiian Civic Clubs, which is based in Honolulu, Hawai’i. The first Hawaiian Civic Club was organized in 1918 by Prince Jonah 

Kalanianaole Kuhio, then Hawai’i’s delegate to the U.S. Congress, and a group of 

civic-minded Hawaiian men who envisioned the pressing need for Native Hawaiians 

to engage in the county, state, and Federal levels of government. Kauwahi ’Anaina’s 

members, together with other Native Hawaiians throughout Utah, continue to maintain strong cultural ties to Hawai’i while simultaneously being effective and contributing residents prepared to act on issues that affect our individual communities. 

Esther Puakela Kia’aina is such a committed Native Hawaiin leader. As Kauwahi 

’Anaina’s president, I am writing in support of Ms. Kia’aina’s nomination as Assistant Secretary of Insular Areas, United States Department of Interior. She has had 

exceptional training in schools of recognized excellence; a broad background in policy and planning in Hawai’i, U.S. Pacific Territories, Freely Associated States of Micronesia, and Asian and Pacific Islander issues; and applicable experiences in and 

at the Federal level which repeatedly prove her ability to administer all the responsibilities as Assistant Secretary of Insular Areas. 

After you have examined Ms. Kia’aina’s credentials, we respectfully request your 

approval, together with the other members of the Committee on Energy and Natural 

Resources, of Esther Puakela Kia’aina’s nomination as Assistant Secretary of Insular Areas, United States Department of Interior. 

Mahalo (thank you), 

CAROL N. JOHNSON, 

President. 

BARRIGADA MAYOR’S OFFICE, 

Hagatha, Guam, November 6, 2013. 

Hon. MADELEINE Z. BORDALLO, 

Guam District Office, Capitol Plaza Suite, 107, 120 Father Duenas Avenue, Haga ̃tn ̃a, 

Guam. 

Nomination of Ms. Esther Puakela Kia’aina to serve as Assistant Secretary for Insular Affairs, Department of Interior. 

DEAR CONGRESSWOMAN BORDALLO: 

Hafa Adai and Greetings from Guam! On behalf of Vice Mayor Jessie P. Bautista, 

members of the Barrigada Planning Council, please find copies of our testimonies 

supporting the appointment of Esther Puakela Kia’aina to serve as Assistant Secretary for Insular Affairs, Department of Interior. 

As you well know, Esther was born in Guam and attended San Vicente Catholic 

School before departing to further he education. We are confident that Esther will 

bring extensive expertise coupled with a keen understanding of the issues facing the 

54 

U.S. territories and the freely associated states. More importantly, as a resident of 

Hawaii, Esther has strong connections to Pacific islanders and with her experience 

on Capitol Hill, she will be a tremendous asset to the Department of Interior as the 

Federal govemment continues to strengthen the health, safety and welfare of the 

Insular Areas. 

Thank you for your time, and we appreciate your assistance in insuring that our 

testimonies are submitted to the Senate Committee on Energy and Natural Resources. 

Sinseramente, 

JUNE U. BLAS, 

Mayor. 

JESSIE P. BAUTISTA, 

Vice Mayor. 

MUNICIPALITY OF BARRICADA, 

Barrigada, Guam, September 5, 2013. 

Nomination of Ms. Esther Puakela Kia’aina to serve as Assistant Secretary for Insular Affairs, Department of Interior. 

DEAR CHAIRMAN WYDEN

Hafa Adai and Greetings from Guam! On behalf of Vice Mayor Jessie P. Bautista, 

members of the Barrigada Planning Council, we extend our congratulations and 

support of Esther Puakela Kia’aina to serve as Assistant Secretary for Insular Affairs, Department of Interior. 

Having grown up in Guam and Hawaii, we know that Esther Puakela Kia’aina 

will be the strongest possible asset to the Interior Secretary. After graduating from 

the University of Southern California in 1985, Esther served as an intern to then 

Senator Daniel Inouye in Washington, D.C. She also worked for then Senator Daniel 

Akaka during the 1990’s, and as a Chief of Staff for Congressman Robert Underwood of Guam and former Congressman Ed Case. 

When she returned to Hawaii, Esther Kia’aina served as a Land Asset Manager 

for the Kamehamcha Schools before beginning her work for the Office of Haw<liian 

Affairs. Recognizing her organizational skills, and commitment to the people of Hawai’i, Esther was nominated by Governor Abercrombie to serve as Deputy Director 

of the Hawai’i Department of Land and Natural Resources. We have heard many 

glowing reports of her work and more importantly, we are confident that with her 

influence she will continue to encourage our proud tradition of involvement in 

worthwhile political causes. 

Thank you for your time and we look forward to your Committee recommending 

confirmation of Ms. Esther Puakela Kia’aina to serve as Assistant Secretary for Insular Affairs, Department of Interior. 

Sincerely, 

JUNE U. BLAS, 

Mayor. 

JESSIE P. BAUTISTA, 

Vice Mayor. 

MUNICIPAL PLANNING COUNCIL, 

Barrigada, Guam, November 5, 2013. 

Hon. RON WYDEN, 

Chairman, Energy and Natural Resources Committee Office, 304 Dirksen Senate 

Building, Washington, DC. 

Appointment of Esther Kia’aina, to serve as Assistant Secretary of the Department 

of the Interior 

DEAR MR. CHAIRMAN AND MEMBERS OF THE COMMITTEE: 

Hafa Adai and Greetings from Guam! As a member of the Barrigada Planning 

Council, we extend my congratulations and support of Esther Puakela Kia’aina to 

serve as Assistant Secretary for Insular Affairs, Department of the Interior. 

Born in Guam to Native Hawaiian parents, Esther Kia’aina will bring extensive 

expertise coupled with a keen understanding of the issues facing the U.S. territories 

and the freely associated states. We believe that with her upbringing, career experiences and genuine commitment to the insular areas provides her with the requisite 

credentials to serve as Assistant Secretary. More importantly, as a resident of Hawaii, Esther has strong connections to Pacific islanders and with her experience on 

55 

Capitol Hill, she will be a tremendous asset to the Department of Interior as the 

Federal govemment continues to strengthen the health, safety and welfare of the 

Insular Areas. 

We are confident that Esther Kia’aina will not only serve President Obama and 

Interior Secretary Jewell with distinction, but that she will do her utmost to work 

for the best interests of the people of her home in Hawaii, Guam, the Northern Mariana Islands and the other insular areas as well. Esther is uniquely qualified for 

her new position within the Department of Interior by virtue of her many years 

with the U.S. Congress working on insular issues. When confirmed, we are confident 

that her commitment is to work toward improving the quality of life in the insular 

areas by providing the necessary leadership and insisting on measurable results. 

With Esther’s leadership at the Department of the Interior, we are sure that the 

Federal govemment’s commitment and cooperation will reflect a real and genuine 

concern for the islands and the peoples’ welfare will be fortified. 

We would like to thank the President for his selection of Ms. Kia’aina and we look 

forward to working with her in her new position as Assistant Secretary in the days 

and years to come. 

Sincerely, 

JAMES P. CASTRO. 

NATIVE HAWAIIAN BAR ASSOCIATION, 

Honolulu, Hawaii, November 10, 2013. 

Hon. RON WYDEN, 

Chair, U.S. Senate Committee on Energy and Natural Resources, Washington, DC. 

Re: Nomination of Esther Puakela Kia’aina for Assistant Secretary of Interior (Insular Affairs) 

ALOHA CHAIR WYDEN AND COMMITTEE MEMBERS. The Board of Directors of the Native Hawaiian Bar Association (NHBA) is honored to support the nomination of Esther Puakela Kia’aina as Assistant Secretary 

of Interior for Insular Affairs. 

The NHBA is an association of Native Hawaiian attorneys, judges, and other legal 

professionals that promotes excellence, unity, cooperation and the exchange of ideas 

among its members and in the larger community. Formed in 1992, NHBA strives 

for justice and effective legal representation for Native Hawaiians. 

Ms. Kia’aina has been a valued member of the NHBA since she returned home 

to Hawai’i from Washington, D.C., in 2007. She served on the NHBA board of directors from 2008 to 2012, when she resigned due to the press of her new responsibilities as First Deputy of the Hawai’i Department of Land and Natural Resources 

(DLNR). During her tenure on the NHBA board, we found her counsel and advice 

invaluable as we analyzed Federal initiatives affecting Native Hawaiians, particularly those relating to the relationship between the Native Hawaiian community 

and the Federal Government. 

In her position as Deputy Director at DLNR, Ms. Kia’aina has played a pivotal 

role in the management of Hawai’i’s natural and cultural resources. DLNR oversees 

over 1.3 million acres of Hawai’i’s lands, forests, and near-shore resources as well 

as its historical and cultural resources. Prior to joining DLNR, Ms. Kia’aina was the 

Chief Advocate at the State Office of Hawaiian Affairs for 2 years, where she lead 

OHA’s efforts to reclaim Native Hawaiian lands and resources for the benefit of the 

Native Hawaiian community. Prior to that, she served as land manager of agricultural and conservation lands in Windward and Leeward O’ahu and on the island 

of Moloka’i for the Kamehameha Schools/Bishop Estate, Hawai’i’s largest private 

landowner and a charitable trust established to benefit Native Hawaiian children. 

Thus, Ms. Kia’aina has extensive expertise in managing lands, near-shore resources, 

water, and other natural resources as well as interacting and working with many 

community organizations.Ms. Kia’aina is a leader in the Native Hawaiian community, and also has strong roots in Guam. She spent her childhood years in Guam 

and worked for Guam’s congressional representative, U.S. Congressman Robert A. 

Underwood, for 4 years. From her many years of work experience as a legislative 

staff member for U.S Senator Daniel Akaka, and Chief of Staff for Congressman 

Underwood and then U.S. Congressman Ed Case, she is very knowledgeable about 

the issues facing the U.S. territories, particularly in the Pacific. 

Within the Native Hawaiian community, Ms. Kia’aina is known not only for her 

expertise on Federal issues affecting Hawai’i, but also for her intelligence and honesty, and her dedication to public service. She is an exceptional leader with the ability to work collaboratively with others, as demonstrated throughout her career, and 

in her care and concern for the community. 

56 

Based on her years of experience, her intelligence, integrity, and commitment, the 

Board of Directors of the Native Hawaiian Bar Association enthusiastically supports 

the appointment of Esther Puakela Kia’aina as the Assistant Secretary of Interior 

for Insular Affairs. We strongly believe that Ms. Kia’aina has the professional qualifications and the personal qualities that will make her an outstanding Assistant 

Secretary. Mahalo for the opportunity to voice our support for Ms. Kia’aina’s appointment. 

Sincerely, 

MELODY KAPILIALOHA MACKENZIE, 

President, Board of Directors, Native Hawaiian Bar Association. 

JUDE U. HOFSCHNEIDER, 

Lieutenant Governor, COMMONWEALTH OF THE NORTHERN MARIANA 

ISLANDS. 

Hon. RON WYDEN, 

Chairman, U.S. Senate Committee on Energy & Natural Resources, 304 Dirksen 

Senate Building, Washington DC. 

DEAR CHAIRMAN WYDEN: 

Hafa adai yan tirow wa ́a ́mi from the U.S. Commonwealth of the Northern Mariana Islands (CNMI). 

I write to express my full support for the nomination of Ms. Esther Puakela 

Kia’aina for Assistant Secretary of the Interior for Insular Affairs. As a former Lt. 

Governor, and now in my capacity as Governor of the Northern Mariana Island, I 

have had many opportunities to work with the Department of the Interior’s Office 

of Insular Affair (OlA) since 2002, From my personal experience, I know the importance of having a leader with a passion and commitment for the overall well-being 

of the Northem Marianas, all the U.S. insular areas and the Freely Associated 

States in the Pacific. 

Whil Ms. Kia’aina currently serves as the First Deputy Director of the Department of Land and Natural Resources for the State of Hawai’i, she also has extensive 

experience in government service. I am confident that if given the opportunity to 

serve as Assistant Secretary, she would provide the essential leadership for island 

territories like the CNMI at such a critical time. Surely, other insular areas face 

equally complex challenges, combining elements of fiscal policy, local culture and 

politics, and the individually distinct relationships each area has with the Federal 

government. An islander herself, Ms. Kia’aina understands the important relationship between the Federal Government and the insular areas the Assistant Secretary 

is responsibl for. 

With full confidence in her abilities I humbly ask for your favorable consideration 

for Ms. Kia’aina’s nomination to serve as Assistant Secretary of the Interior tor Insular Areas. 

Sincerely, 

ELOY S. INOS. 

CONGRESS OF THE UNITED STATES, 

House of Representative, Washington, DC, November 14, 2013. 

Hon. RON WYDEN, 

Chairman, Committee on Energy and Natural Resources, 304 Dirksen Senate Building, Washington, DC. 

Hon. LISA MURKOWSKI, 

Ranking Member, Committee on Energy and Natural Resources, 304 Dirksen Senate 

Building, Washington, DC. 

DEAR CHAIRMAN WYDEN AND RANKING MEMBER MURKOWSKI

I write in support of President Obama’s nomination of Ms. Esther Kia’aina to be 

Assistant Secretary of the Interior for Insular Areas and urge the Committee to report her nomination favorably to the Senate for confirmation. 

Ms. Kia’aina is someone I have known since my days working for Senator Daniel 

K. Inouye in the 1980’s, where she, too, was on staff. Throughout her career on Capitol Hill, Ms. Kia’aina’s competence and diligence were acknowledged and rewarded. 

She completed her career here having served as Chief of Staff for two Members of 

Congress, Robert Underwood of Guam and Ed Case of Hawai’i. 

In addition to that experience in Congress, which will serve her well as Assistant 

Secretary, Ms. Kia’aina will bring to the position her own personal understanding, 

57 

as a Pacific Islander, of the needs and challenges facing all the U.S. insular areas 

and the Freely Associated States. 

She certainly has the background and expertise to be Assistant Secretary of the 

Interior for Insular Areas; and I look forward to working with Ms. Esther Kia’aina 

once she is confirmed in that position by the U.S. Senate. 

Sincerely, 

GREGORIO KILILI CAMACHO SABLAN, 

Member of Congress. 

THE SENATE, 

State Capitol, Honolulu, Wawaii, November 7, 2013. 

Hon. RON WYDEN, 

Chairman, Oregon, U.S. Senate Committee on Energy & Natural Resources Committee, 304 Dirksen Senate Building, Washington, DC. 

Re: In Support of Esther Kia’aina to the position of Assistant Secretary for Insular 

Affairs for the U. S. Department of the Interior 

DEAR SENATOR WYDEN, Esther Kia’aina is a keiki o ka’aina, Native Hawaiian, born and nurtured in 

Wai’anae, O’ahu. She was educated by the Kameharneha Schools, UCLA, the 

George Washington University Law School, and the John Hopkins University Nitze 

School of Advanced International Studies. 

As the First Deputy of the State of Hawai’i Department of Land and Natural Resources (DLNR), Esther Kia’aina must work closely with all facets of State government as well as the community. She is a proven leader who is able to work together 

to bring people to a common goal. 

Esther Kia’aina has a long public service career having served as Chief of Staff 

to Congressman Ed Case of Hawai’i, and as Legislative Director to Guam Congressman, Robert Underwood. She was also Hawai’i Senator Dan Akaka’s Legislative Assistant and has held positions as the Chief Advocate for the Office of Hawaiian Affairs and as the Land Asset Manager for the Kamehameha Schools, Hawai’i’s largest private landholder. Ms. Kia’aina is well versed with Native Hawaiian issues as 

well as those within the U.S. Pacific Territories and Freely Associated States of Micronesia; and a wide array of other Asian and Pacific Islander issues. 

Hawai’i is blessed with Esther Kia’aina in that throughout her career she has put 

public service before self to work for the betterment of her community. Her gift to 

be able to understand others and bring people together has moved issues forward 

toward positive resolution. 

I whole heartedly recommend Esther Kia’aina to the position of Assistant Secretary for Insular Affairs for the U.S. Department of Interior. 

The people of the State of Hawai’i are immensely proud of her and know that she 

will accomplish much for the people of the Pacific and the U.S. Department of Interior. 

Hau’oli Ka Mana’o, 

GILBERT KAHELE, 

Hawai’i State Senator. 

STATEMENT OF HAWAI‘I, DEPARTMENT OF LAND AND NATURAL RESOURCES, CHAIRMAN

WILLIAM J. AILA, JR., ON THE NOMINATION OF ESTHER P. KIA‘AINA TO BE ASSISTANT SECRETARY OF INSULAR AFFAIRS FOR THE DEPARTMENT OF THE INTERIOR

I write to strongly support the nomination of Esther P. Kia‘aina to be the Assistant Secretary of Insular Affairs at the U.S. Department of the Interior. 

As the Chairman of the Department of Land and Natural Resources (DLNR), I 

oversee and manage Hawai‘i’s public lands and natural resources, including our 

near shore waters. DLNR has over 700 employees. Our Department includes Forestry, Conservation and Coastal Lands, Engineering, Water Resources, Enforcement, Land, Aquatics, Historic Preservation, Parks, and Harbors. 

Esther is a valued member of my leadership team and an integral team player 

to our organization. As my First Deputy, she is responsible for helping me on the 

day-to-day operations of the department and is the primary liaison to the Hawai‘i 

State Legislature in representing the Department to advance our legislative agenda. 

Her previous work experience on Capitol Hill, as well as her experience with other 

public and private land trusts in Hawai‘i, bring a wealth of knowledge and skills 

set to DLNR. But most importantly, her ability to work well with others and her 

sense of humor is deeply appreciated by many. She is a delight to work with. 

58 

Should she be confirmed, Hawai‘i’s loss will be the nation’s gain. Esther is committed to the empowerment of island communities across the Pacific and the Caribbean. She is well qualified for the job to be Assistant Secretary and her accomplishments and actions speak for themselves. 

At DLNR, she has been pivotal in advancing watershed protection, invasive species control, increased enforcement, hunting opportunities, reforestation efforts with 

native plant species, and Hawaiian values in natural resource management. 

Apart from her concern for quality of life issues for the insular areas, Esther’s experience at DLNR and her keen understanding of the need for sound natural resources management in small island communities will make her an asset for the 

Governors in these jurisdictions, as well as the Interior Department’s leadership 

team. 

I highly recommend Esther P. Kia‘aina to be confirmed by the U.S. Senate. 

STATE OF HAWAI’I, OFFICE OF HAWAIIAN AFFAIRS, 

Honolulu, Hawai’i, November 5, 2013. 

Hon. RON WYDEN, 

Chairman, U.S. Senate Committee on Energy and Natural Resources, 304 Dirksen 

Office Building, Washington, DC. 

Hon. LISA MURKOWSKI, 

Ranking Member, U.S. Senate Committee on Energy and Natural Resources, 304 

Dirksen Office Building, Washington, DC. 

Esther Kia’aina Nomination 

ALOHA SENATOR WYDEN AND SENATOR MURKOWSKI, 

As the Ka Pouhana (Chief Executive Officer) of the Office of Hawaiian Affairs, I 

am pleased to offer my most enthusiastic support for President Barack Obama’s 

nomination of Ms. Esther Kia’aina to the post of the U.S. Department of the Interior’s Assistant Secretary of Insular Affairs. 

The Office of Hawaiian Affairs (OHA) is an independent state agency created by 

Hawai ’i’s Constitution to improve the lives of Native Hawaiians. As part of that 

mission, OHA recently launched the Native Hawaiian Presidential Appointment 

Project. Through this initiative OHA is encouraging highly qualified Native Hawaiians to consider serving as Presidential appointees, and supporting such nominees 

as they pursue public service. Although Ms. Kia’aina’s nomination did not stem from 

our OHA process, her candidacy is a prime example of the sort of outcome OHA 

hopes to achieve through our efforts. Indeed, Ms. Kia’aina is a model nominee. 

Ms. Kia’aina is scheduled to appear before your committee on November 14, 2013 

for her nomination hearing to be the Assistant Secretary of Insular Affairs. Please 

accept my unequivocal recommendation of Ms. Kia’aina whose skill and experience 

make her the ideal candidate. Her resume summarizes her many qualifications, not 

the least of which are the following. For 20 years, Ms. Kia’aina served as a role 

model for Native Hawaiians interested in Federal service, as she rose up the ranks 

to serve as Chief of Staff for Congressional Delegate Robert Underwood (D-Guam) 

and Congressman Ed Case (D-Hawai’i). After returning to Hawai’i, Ms. Kia’aina led 

OHA’s local, state, and Federal advocacy efforts as our Chief Advocate. Currently, 

she continues to serve Hawai’i as the Deputy Director of the Hawai’i Department 

of Land and Natural Resources. This blend of senior-level state and Federal experience in D.C. and the Pacific will enable her to immediately be effective in her nominated position. 

Significantly, Ms. Kia’aina’s experiences in being raised through to adulthood in 

an island environment and culture, and her extensive professional undertakings in 

addressing the unique challenges and opportunities inherent in island contexts, further makes her an ideal fit to fill the vacancy for the U.S. Department of the Interior’s Assistant Secretary of Insular Affairs. 

Thank you in advance for this extraordinary opportunity to support Ms. Kia’aina’s 

nomination. If you or your staff has any questions, please feel free to contact our 

OHA Washington, D.C. Bureau. 

’Owauihonomeka’oia’i’o, 

KAMANA’OPONO M. CRABBE, PH.D. 

KaPouhana, Chief Executive Officer. 

59 

THE SENATE, STATE CAPITOL, 

Honolulu, Hawaii, November 1, 2013. 

Hon. RON WYDEN, 

Chairman, U.S. Senate Committee on Energy & Natural Resources Committee, 304 

Dirksen Senate Building. 

ALOHA SENATOR WYDEN, 

If one were to create the perfect public servant from the best possible American 

materials, to become an official of our U.S. Department of the Interior, one would 

end up with Esther Puakela Kia’aina. 

Ms. Kia’aina is a keiki o ka’aina, Native Hawaiian, born and nurtured in 

Wai’anae, O’ahu, on Hawaiian Homestead land, and educated by the Kamehameha 

Schools, UCLA, the George Washington University Law School, and the John Hopkins University Nitze School of Advanced International Studies. 

Esther Kia’aina serves as First Deputy of the State of Hawai’i Department of 

Land and Natural Resources (DLNR). As Chair of the Hawaii Senate Committee on 

Water and Land, our kuleana (responsibility) is the DLNR. The purview of the Department is broad and complex. The Department is comprised of Bureau of Conveyances, State Parks, Forestry & Wildlife, Boating & Ocean Recreation, Aquatic Resources, Historic Preservation, Conservation & Coastal Lands and has more than 

800 employees, and is responsible for our water resources, endangered species, Hawai’i’s historic and cultural sites, coral reefs, small boat harbors, fisheries management, dam safety, rock fall mitigation and natural disasters on our public lands. It 

encompasses 1.3 million acres of public land, 2 million acres of conservation land, 

and 3 million acres of ocean waters in the State of Hawai’i. 

Our Committee’s oversight is committed to protect, conserve, and manage Hawai’i’s unique and limited natural, cultural, and historic resources for the benefit 

of our communities and Ms. Kia’aina is a seasoned and proven leader who is able 

to bring people together to reach a pono (right) goal for all while maintaining the 

vision to protect, conserve and manage while her expertise in policy development 

and achievement has assisted the Department in keeping with its mission. 

Ms. Kia’aina is known for her scholarship, wisdom, and dedication to public service, having served for twenty years as Chief of Staff to Congressman Ed Case of Hawaii, and as Legislative Director to Guam Congressman, Robert Underwood. She 

also was Hawaii Senator Dan Akaka’s Legislative Assistant. Furthermore, she held 

positions as the Chief Advocate for the Office of Hawaiian Affairs and as the Land 

Asset Manager for the Kamehameha Schools, Hawaii’s largest private landholder. 

Ms. Kia’aina is a renowned expert on Native Hawaiian issues; geo-political and social issues in the U.S. Pacific Territories and Freely Associated States of Micronesia; 

and a wide array of other Asian and Pacific Islander issues 

The Democratic Party of Hawai’i thought so highly of her, that when our senior 

Senator Daniel K. Inouye passed away, they nominated her, along with then Lieutenant Governor Brian Schatz and Congresswoman Colleen Hanabusa to Governor 

Abercrombie, so that he might choose one of the three. 

To be in that category, one of three leaders in our state, picked by a wide cross 

section of the political leadership of Hawaii, demonstrates a quality of leadership 

that says to one and all, ‘‘Here are our best and brightest. These talented leaders 

are who we trust to lead our state.’’ 

Hawaii is blessed with many bright, well educated, highly trained and motivated 

public servants, but even among our very best, Esther Kia’aina is rare, in fact, 

unique. She has a God given gift to be able to understand others and bring people 

together. 

There is no limit to her ability. 

With no reservation, no qualification nor question whatsoever, I wholeheartedly 

and completely recommend Ms. Esther Kia’aina to you for the position of Assistant 

Secretary for Insular Affairs for the U. S. Department of Interior. 

We, in Hawai’i, are immensely proud of her and know that she will make us all 

proud. 

Sincerely yours, 

SENATOR MALAMA SOLOMON, PH.D. 

Chair. 

STATEMENT OF STUART NOVICK

I am writing in support of Esther Kiaaina for the post of Assistant Secretary of 

Insular Affairs for the U..S. Department of the the Interior. 

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I got to know Ms. Kiaaina when she was running for state office here. I found 

her to be delightfully down to earth, refreshingly well informed, and open minded. 

She spoke of our unique and besieged environment here in Hawaii with heart and 

with deep structural understanding of the roles of Federal and state governments. 

Ms. Kiaaina is a natural leader with a disarming sense of humor. I believe our 

country and our region will be very well served by her as Assistant Secretary. 

UNIVERSITY OF GUAM, 

OFFICE OF THE PRESIDENT, 

UOG Station, Mangilao, Guam, November 8, 2013. 

Hon. RON WYDEN, 

Chairman, Senate Committee on Energy and Natural Resources, U.S. Senate, Washington, DC. 

Re: Nomination of Esther Kiaaina for Assistant Secretary of Interior 

DEAR CHAIRMAN WYDEN

I am writing this letter in strong support of the nomination of Esther Kiaaina as 

Assistant Secretary of Insular Affairs for the Department of Interior. This is a position that is of vital significance to the Nation as it is the main coordinator of Federal fund distribution and the policy arm of the Federal Government for the U.S. 

territories in the Pacific and Caribbean as well as the Freely Associated States of 

Palau, the Federated States of Micronesia and the Republic of the Marshall Islands. 

As President of the University of Guam and as the former Delegate from Guam 

from the 103rd to the l07th Congresses, I am very familiar with the activities of 

the Department of Interior and the needs and conditions of the insular areas. 

In the changing dynamics of the Asia-Pacific Region, it is vitally important that 

the United States maintains a strong presence in the island Pacific. The insular 

areas afford the United States the opportunity to projects its influence into Asia via 

a strong defense strategic presence and interests as well as the maintenance and 

support of strong economies and societies throughout the Western and South Pacific. 

A Federal policy that encourages growth and supports major initiatives in small island societies reflects the best of the American character. For historical reasons, for 

security reasons and for a prosperous and engaged Pacific future, it is important 

that our country provides assistance, guidance and structures for accountability for 

these Pacific entities which include fellow American citizens in American communities, American nationals and foreign countries which are in ‘‘free association’’ with 

the United States. 

The complexity of these relationships requires a knowledgeable and sensitive individual who understands the island and who is experienced in the requirements of 

the Federal Government. President Obama has found such a person in Esther 

Kiaaina. She is an islander, who was born and raised in Guam but is of Hawaiian 

ancestry. She is an experienced and very skilled participant in the Federal policymaking process through her work in Congress. She served as Chief of Staff to 

former Congressman Ed Case and for my office. She also worked for Senator Akaka 

for 9 years. During those years of service, she worked on projects and issues directly 

connected to the island Pacific, especially Guam, the Northern Marianas, American 

Samoa and the freely associated states. She also worked on legislation A U.S. Land 

Grant Institution accredited by the Western Association of Schools & Colleges The 

University of Guam is an Equal Opportunity Employer and Provider. and policy initiatives with committees of jurisdiction in both the Senate and the House on matters related to the insular areas. 

She has a reputation for being diplomatic when necessary and direct when it is 

required. She is extraordinarily gifted in understanding Federal policymaking, the 

legislative process and she fully appreciates the need for accountability and efficiency when it comes to the expenditure of Federal funds. From my personal experience, she can quickly grasp wide-ranging discussions from political trends to defense 

needs to scie ntific issues. She has the uncanny ability to make linkages and draw 

conclusions and formulate realistic plans of action from such conversations. I personally benefited from her abilities. 

More than just having the requisite professional skills for a position of this nature 

and the sensitivity of dealing with disparate island groups, she is an ethical professional who will always ensure adherence to the highest standards of professional 

conduct. 

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I recommend her highly and I will be happy to discuss any dimension of this letter. 

Sincerely, 

ROBERT A. UNDERWOOD, 

President. 

AHA MOKU ADVISORY COMMITTEE, 

Honolulu, Hawaii, November 8, 2013. 

Hon. RON WYDEN, 

Chairman, U.S. Senate, Committee on Energy and Natural Resources Washington, 

DC. 

Re: Testimony IN SUPPORT of Esther Kiaaina to be an Assistant Secretary of the 

Interior (for Insular Areas) 

Aloha Chairman Wyden and Members of the U.S. Committee on Energy and Natural Resources, 

On behalf of the Aha Moku Advisory Committee, Hawaii State Department of 

Land and Natural Resources, we offer strong testimony in support of Esther 

Kia’aina’s nomination to be an Assistant Secretary of the Interior for Insular Areas. 

The Aha Moku Advisory Committee {Aha Moku) is attached to the Hawaii State 

Department of Land and Natural Resources and is comprised of representatives of 

the eight main Hawaiian Islands. The members represent forty-three (43) specific 

and distinct natural resource districts throughout all of the islands. They are mandated to empower the indigenous peoples of Hawaii in natural resource issues and 

to integrate traditional and generational knowledge and resource methodology into 

existing state policy. This is a first of its kind of agency in the Hawaii State that 

is meant to bridge the gaps between government and native peoples, specifically in 

the area of natural resources which are very finite in an island ecosystem. 

Ms. Kia’aina is very well known and respected throughout the State of Hawaii 

for her leadership skills, her accessibility to all, and her ability to communicate effectively with all who she comes in contact with. She is extremely intelligent but 

more importantly, she can address issues on any level from a compassionate and 

informed position. She does her homework. 

We believe Ms. Kiaaina is the perfect person for this position because she is very 

familiar with and successful at working with many different kinds of people. The 

Aha Moku is spread over eight very different islands, with different Native Hawaiia 

historical and cultural perspectives that are often territorial in their thinking and 

actions. It is a challenge to keep the islands cohesive and productive. On top of that 

difficulty, there is a distinct reserve from these islands toward the government entities. Ms. Kiaaina is very successful in bridging these difficulties and generating consensus between all of the groups with a clear understanding of the different perspectives. It is a skill that is very much appreciated. 

On behalf of the Aha Moku Advisory Committee, we urge the confirmation of Esther Kiaaina as an Assistant Secretary of the Interior for Insular Areas. 

Respectfully yours, 

LEIMANA K. DAMATE, 

Executive Director. 

PREPARED STATEMENT OF ESTHER PUAKELA KIA’AINA, NOMINEE TO BE ASSISTANT

SECRETARY FOR INSULAR AREAS, DEPARTMENT OF THE INTERIOR

Aloha Chairman Wyden and members of the Senate Committee on Energy and 

Natural Resources. By way of introduction, the Association of Hawaiian Civic Clubs 

(AHCC) is currently comprised of sixty eight component clubs within the counties 

of Hawaii and in fifteen states on the continent. The first civic club was organized 

in 1918 by Prince Kuhio and a group of prominent Hawaiian men when Kuhio was 

a Delegate to the US Congress. Kuhio recognized the need for Native Hawaiians to 

become more involved in the passage of the Hawaiian Homes Act then before the 

Congress, and to further become engaged in the intricacies of Federal and local governments. 

From the first club ever organized our membership has grown and endured, chartering affiliates upon fulfillment of certain criteria. The AHCC is designated a 501c4 

by the Internal Revenue Service, and in addition to quarterly meeting of Directors, 

there is an annual convention of councils, clubs and members. In 2012 the convention was held in Washington, D.C., in 2013 it will be on the Island of Kauai. 

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The AHCC has known and worked with Esther Kiaaina for many years and always found her to be knowledgeable, articulate and focused. We are well aware that 

Ms. Kiaaina has the necessary education and broad governmental experience that 

eminently qualifies her to be the Assistant Secretary of Insular Areas. Her years 

as administrative staff in the Halls of Congress, in both House and Senate, as well 

as a keen understanding of legal, social and Pacific issues make her well equipped 

to be productive as a member of the US Department of the Interior, Insular Areas. 

Beyond the trappings of government, Ms. Kiaaina has superior people skills—in 

individual or group settings she has exhibited even-tempered patience while explaining complex issues in a simple, straight forward manner that promotes understanding. Of Native Hawaiian ancestry, Ms. Kiaaina is uniquely positioned to comprehend the world view of native peoples—of islanders on an ocean continent. Ms. 

Kiaaina is the ideal candidate for this position, and she has the unqualified support 

of the Association of Hawaiian Civic Clubs. 

Thank you for the opportunity to transmit our statement. Aloha. 

Æ