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GARAMENDI AND CURTIS NOMINATIONS

THURSDAY, JULY 27, 1995

U.S. SENATE,

COMMITTEE ON ENERGY AND NATURAL RESOURCES,

Washington, DC.

The committee met, pursuant to notice, at 9:30 a.m., in room SD-366, Dirksen Senate Office Building, Hon. Frank H. Murkowski, chairman, presiding.

[NOTE.-A hearing by the full committee was held on Charles B. Curtis, on February 1, 1994, on his nomination to be Under Secretary of Energy (S. Hrg. 103-426) and confirmed by the Senate on February 7, 1994. No hearing was held on his nomination to be Deputy Secretary of Energy, which was reported favorably to the Senate on August 2, 1995, by the full committee. His informational and finanical statements can be found in the appendix.]

OPENING STATEMENT OF HON. FRANK H. MURKOWSKI,
U.S. SENATOR FROM ALASKA

The CHAIRMAN. Good morning, ladies and gentlemen. I would like to call the hearing to order of the Committee on Energy and Natural Resources, the nomination hearing of Mr. John Garamendi to be Deputy Secretary of the Interior.

Mr. Garamendi, would you care to come up before the committee?

Would you care to make any introductions? As you know, this hearing is to accommodate your schedule, because I understand you have a wedding of your only son on Saturday.

Mr. GARAMENDI. That is correct, sir. And I do have one introduction.

My daughter, Genet, is behind me. She works here in the Capitol as the press secretary for Congresswoman Zoe Lofgren, and she is on temporary leave for the next hour or so to attend the hearing.

My wife, Patti, who is the Associate Director of the Peace Corps, is in California with our other five children, including our son, preparing for Saturday's wedding. They cannot be here. Last night there was a great deal of anguish and tears about all of that, but I assured them that Genet and I could hopefully handle this.

The CHAIRMAN. Well, we can get this over with so you can catch an early plane out there. And I commend you for your wisdom in having several daughters. I have the pleasure of that. I keep reminding them that it is their obligation to take care of me in my old age. [Laughter.]

Mr. GARAMENDI. Senator, already we share some very important attributes.

The CHAIRMAN. On the other hand, the look I get back occasionally suggests that there might be something else in the offing. [Laughter.]

The CHAIRMAN. But, nevertheless, I do want to wish you and your lovely daughter a good morning and our regards to your wife, Patti, and obviously the wedding will be the grand event for the family to get together.

Let me just make a brief opening remark. Today's hearing, of course, is to consider your nomination, Mr. Garamendi, to be Deputy Secretary of the Department of the Interior.

I have reviewed your background. It is certainly a diverse background. It includes banking, real estate, ranching, mining, service, Peace Corps, 16 years in the California legislature, and election as California's first Insurance Commissioner.

You come to the committee with high recommendations. I received several letters regarding your nomination. They are laced with words such as "reasonable," "balanced," "even-handed," and "committed to a consensus," whatever that means.

Sometimes that is pretty hard to find. Sometimes consensus is a copout for leadership. I think that was an expression that Maggie Thatcher shared with us at a luncheon here not so long ago, which startled most of us.

I am also advised you are a rancher who knows what the issue of grazing is really all about. There are several members of this committee who suggest that they also know what is good for the ranchers. And you are even referred to as a statesman.

I would ask and note unanimous consent that the letters in support be placed in the record.

Further, in an editorial by the Sacramento Bee, you are billed as the administration's Ambassador to the West. I do not know whether there is any political connotation to that in the coming election, but we will disregard that.

You are going to be called upon to solve problems ranging from the Endangered Species Act to the Presidio. That is a pretty broad range. We cannot seem to solve those problems, so we look to you.

On one hand this seems too good to be true. I met with you. I found out for myself Tuesday after a very long and productive meeting. We shared views on a number of issues, gentle approach to conflict resolutions, and I enjoyed discussing matters of mutual responsibility.

You might be the breath of fresh air that breaks our heat wave, John, I do not know, particularly at a time when we seem to be locked into some differences with the Department of the Interior over land use in the West.

I think in our conversations, I suggested in spite of your skills and your good intentions, you were still going to be the number two man at Interior.

Secretary Babbitt is the Secretary, and he is the one by statute that sets the policies that both of us are going to have to work with.

I think it is fair to say that in my mind some of our progress has been insufficient. On the other hand, some progress is being made.

It often reminds me of observing a crab going down a beach as far as progress is concerned.

We have kind of been moving sideways as opposed to going down the beach, but I suppose if one can be thankful for the sideways progress that has been made from time to time Perhaps with the exchange of some of the more innovative approaches and ideas on both sides we can move a little faster in our process to accomplish goals that we can mutually agree on.

So I really see your nomination as somewhat of a paradox. We have in you a man with a background and a record to make a real contribution on some of the most contentious resource issues. I hope that you will be given that opportunity.

So with that profound observation, I would look forward to your statement. Please proceed.

Mr. GARAMENDI. Mr. Chairman, thank you very much for your words of wisdom and challenge. And I agree that it will be a challenge to deal with these issues.

I do want to thank you for giving me

The CHAIRMAN. I am reminded of a certain protocol that mandates that we swear you in. We should proceed with that at this time.

The rules of the committee, which apply to all nominees, require that they be sworn in connection with their testimony. You have raised your right hand.

I would ask you, do you solemnly swear that the testimony you are about to give to the Senate Committee on Energy and Natural Resources shall be the truth, the whole truth and nothing but the truth?

Mr. GARAMENDI. I do so swear.

The CHAIRMAN. Please be seated. Before you begin your statement, I will ask you three questions addressed to each nominee that comes before this committee.

Will you be available to appear before this committee and other Congressional committees to represent the departmental positions and respond to issues of concern to the Congress?

Mr. GARAMENDI. Yes, I will.

The CHAIRMAN. Are you aware of any personal holdings, investments or interests that could constitute a conflict or create the appearance of such a conflict should you be confirmed and assume the office to which you have been nominated by the President?

Mr. GARAMENDI. I have been informed that there are two such holdings, assets, and I will appropriately dispose of those should I be confirmed.

The CHAIRMAN. Are you involved or do you have any assets held in a blind trust?

Mr. GARAMENDI. No, I do not.

The CHAIRMAN. You may proceed.

And I would welcome Senator Johnston at this time. Perhaps we could have a statement.

STATEMENT OF HON. J. BENNETT JOHNSTON, U.S. SENATOR FROM LOUISIANA

Senator JOHNSTON. Mr. Chairman, I have a written statement which I will put in the record. I would just like to welcome John

Garamendi to the committee. I really think he is an awfully good choice, Mr. Chairman.

He has a great background. He has been active in politics as well as in farming and ranching in the West. He has judgment tempered by experience, and I think he will be good to work with on this committee on both sides of the aisle. I enthusiastically look forward to his being confirmed; and I hope confirmed quickly.

I might say that I have heard rumors that there might be an effort to link him and grazing or other issues. I hope this is not the case. Because, however one feels about grazing or the other multitude of issues that we have in this committee, they do not involve John Garamendi.

So I do not think we ought to hold him hostage for those things. I would just like to get him confirmed quickly if we can. I would urge my friends to do what they can to keep holds from coming on John's nomination.

There may be other ways to get involved with those issues and to send messages to the administration other than John Garamendi.

[The prepared statement of Senator Johnston follows:]

PREPARED STATEMENT OF HON. J. BENNETT JOHNSTON, U.S. SENATOR FROM

LOUISIANA

Mr. Chairman, I want to begin by thanking you for scheduling this confirmation hearing on John Garamendi to be Deputy Secretary of the Department of the Interior in such an expeditious manner. I hope that we can report his nomination quickly and that he will be confirmed by the Senate prior to the August recess.

I support the nomination of Mr. Garamendi and congratulate him on being chosen by President Clinton for this important job. This nominee has compiled an outstanding record of public service in California as a member of the State House and Senate and, most recently, as the first state-wide elected Insurance Commissioner. Likewise, he and his family have been actively and successfully engaged in the ranching and farming business in California for many decades.

I know that the Committee has received several letters in support of Mr. Garamendi's nomination from various groups that have worked with him over the years. It is important to note that the theme of each letter is very similar: John Garamendi is a man who is fair, accessible and practical. Given the many contentious issues and competing interests that come before the Department of the Interior every day, these are qualities that will serve him and the Department well.

I have visited with John Garamendi in my office and find him to be very enthusiastic about his new job and, at the same time, realistic_about the difficult tasks that lie ahead for him and the Department of the Interior. I look forward to working with him and wish him well.

The CHAIRMAN. Thank you, Senator Johnston.

I met with Secretary Babbitt yesterday. We had a poor man's breakfast. There was not much breakfast, but we chewed on each other a little bit. And I know of no effort at this time on our side to initiate anything which suggests this nominee be held hostage. Senator JOHNSTON. Oh, that is great. I am glad to hear it. [Laughter.]

The CHAIRMAN. At this time

Senator THOMAS. Mr. Chairman.

The CHAIRMAN. The next gentleman is Mr. Thomas. I have given my opening statement. And then we will follow

Senator THOMAS. Mr. Chairman, I do not have an opening statement.

The CHAIRMAN. Do you have a question, Larry, that you wanted to proceed with prior to

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