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prohibited holdings of Dolking, Inc. These actions will fully comply with the application of these "organic act" statutes.

The rental properties owned by Mr. Leshy and his wife in Tempe and Flagstaff, Arizona are not located near federal lands managed by the Department of the Interior and the properties are not leased to any federal agencies. The property in Flagstaff is approximately two miles away from U.S. Forest Service lands (USFS). Given the fact that the USFS is a part of the Department of Agriculture and that there is no USFS interest in Mr. Leshy's property, this holding presents no problem for Mr. Leshy.

Mr. Leshy's wife, Helen Sandalls, is a self-employed attorney specializing in health care. None of her legal work involves business with the Department of the Interior.

The Salt River Project is a Department of the Interior, Bureau of Reclamation project. The advice the Solicitor is required to give with regard to water issues in the west is so encompassing that the advice is likely to have a significant effect on all Reclamation projects. Consequently, the Salt River Project Bonds held by Mr. Leshy in a Uniform Gifts to Minors Act account for his son, may create a problem under 18 U.S.C. §208. Mr. Leshy has agreed to divest of this investment upon confirmation as Solicitor.

Mr. Leshy has been advised about the prohibition on accepting any outside earned income during his tenure as Solicitor. Royalties from the sale of the law textbook he co-authored and from the sale of his book on the Arizona Constitution, are not prohibited by this provision. The services required to generate the royalties have already been performed and the royalties are dependent only on sales of the books and not on significant services Mr. Leshy is yet to perform. Mr. Leshy has also been advised that he may not hold any officer positions in outside organizations that have business with the Department of the Interior during his tenure as Solicitor. It is unlikely that Mr. Leshy's past associations, as defined on Schedule D of his SF-278 report, will pose conflict or appearance problems in relation to his duties as Solicitor. However, Mr. Leshy has agreed to consult with the Department Ethics Office before dealing with any particular matters involving specific parties that come before him as Solicitor, when those matters are likely to have a direct and predictable effect on his past associations as defined in Schedule D of his SF-278 report. Following this procedure will help to avoid questions about Mr. Leshy's impartiality in fulfilling his official functions under the impartiality provisions of 5 CFR §2635.502.

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Based on our review of the information provided and on Mr. Leshy's promised recusal and divestiture actions, I have determined and certified that Mr. Leshy will be in compliance with the ethics statutes and regulations which apply to the position of Solicitor for the Department of the Interior. Should you have any questions concerning this letter or the report submitted by Mr. Leshy, please call Gabriele J. Paone at 208-7960 or Mason Tsai at 208-5916.