[Senate Hearing 114-151]
[From the U.S. Government Publishing Office]
S. Hrg. 114-151
NOMINATION OF
JEFFREY MICHAEL PRIETO, OF CALIFORNIA,
TO BE GENERAL COUNSEL OF
THE DEPARTMENT OF AGRICULTURE
=======================================================================
HEARING
before the
COMMITTEE ON AGRICULTURE,
NUTRITION, AND FORESTRY
UNITED STATES SENATE
ONE HUNDRED FOURTEENTH CONGRESS
FIRST SESSION
__________
MAY 21, 2015
__________
Printed for the use of the
Committee on Agriculture, Nutrition, and Forestry
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COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
PAT ROBERTS, Kansas, Chairman
THAD COCHRAN, Mississippi DEBBIE STABENOW, Michigan
MITCH McCONNELL, Kentucky PATRICK J. LEAHY, Vermont
JOHN BOOZMAN, Arkansas SHERROD BROWN, Ohio
JOHN HOEVEN, North Dakota AMY KLOBUCHAR, Minnesota
DAVID PERDUE, Georgia MICHAEL BENNET, Colorado
JONI ERNST, Iowa KIRSTEN GILLIBRAND, New York
THOM TILLIS, North Carolina JOE DONNELLY, Indiana
BEN SASSE, Nebraska HEIDI HEITKAMP, North Dakota
CHARLES GRASSLEY, Iowa ROBERT P. CASEY, Jr., Pennsylvania
JOHN THUNE, South Dakota
Joel T. Leftwich, Majority Staff Director
Anne C. Hazlett, Majority Chief Counsel
Jessica L. Williams, Chief Clerk
Christopher J. Adamo, Minority Staff Director
Jonathan J. Cordone, Minority Chief Counsel
(ii)
C O N T E N T S
----------
Page
Hearing(s):
Nomination of Jeffrey Michael Prieto, of California, to be
General Counsel of the Department of Agriculture............... 1
----------
Thursday, May 21, 2015
STATEMENTS PRESENTED BY SENATORS
Roberts, Hon. Pat, U.S. Senator from the State of Kansas,
Chairman, Committee on Agriculture, Nutrition, and Forestry.... 1
Stabenow, Hon. Debbie, U.S. Senator from the State of Michigan... 2
Witness
Prieto, Jeffery Michael, of California, to be General Counsel of
the Department of Agriculture.................................. 2
----------
APPENDIX
Prepared Statements:
Stabenow, Hon. Debbie........................................ 14
Prieto, Jeffery Michael...................................... 15
Document(s) Submitted for the Record:
Committee questionnaire and Office of Government Ethics
Executive Branch Personnel Public Financial Disclosure
Report filed by Jeffrey Michael Prieto..................... 18
Question and Answer:
Prieto, Jeffery Michael:
Written response to questions from Hon. Pat Roberts.......... 36
Written response to questions from Hon. Debbie Stabenow...... 36
Written response to questions from Hon. Michael Bennet....... 36
NOMINATION OF
JEFFREY MICHAEL PRIETO, OF CALIFORNIA,
TO BE GENERAL COUNSEL OF
THE DEPARTMENT OF AGRICULTURE
----------
Thursday, May 21, 2015
United States Senate,
Committee on Agriculture, Nutrition, and Forestry,
Washington, DC
The committee met, pursuant to notice, at 9:58 a.m., in
room 328A, Russell Senate Office Building, Hon. Pat Roberts,
Chairman of the committee, presiding.
Present or submitting a statement: Senators Roberts,
Boozman, Hoeven, Perdue, Ernst, Tillis, Sasse, Grassley, Thune,
Stabenow, Klobuchar, Bennet, Gillibrand, Donnelly, and Casey.
STATEMENT OF HON. PAT ROBERTS, U.S. SENATOR FROM THE STATE OF
KANSAS, CHAIRMAN, U.S. COMMITTEE ON AGRICULTURE, NUTRITION, AND
FORESTRY
Chairman Roberts. The vote is at 10:00, I understand now,
and guess what, we could proceed to see just how far we can
move along.
Mr. Prieto, would you please come before the committee.
[Pause.]
Chairman Roberts. The purpose of this hearing is Mr.
Jeffrey Prieto's nomination to serve in the position of General
Counsel for the United States Department of Agriculture. We
welcome you, sir.
The Office of the General Counsel at the USDA was
established in 1910. It is an independent agency providing
centralized legal advice and services to the Department in
support of all programs and activities. The legal services
range widely, from providing counsel to USDA officials, to
providing technical assistance to Congress during farm bills,
to conducting litigation. The office also provides litigation
support services to the Department of Justice, as needed.
The General Counsel is responsible for providing advice and
counsel directly to the Secretary and the Deputy
Secretary, in addition, overseeing the Washington, DC-based
office. The position also supervises 12 field offices within
OGC as well as the Office of Ethics.
Our nominee, Mr. Prieto, currently serves as Acting General
Counsel at the Department. He has worked at the Department
since June of 2014, when he was hired to be the Principal
Deputy. Prior to his service at the Department, he was an
attorney at the Department of Justice for 15 years and also
worked as an attorney advisor at the Environmental Protection
Agency. He is a graduate of the UCLA School of Law, holds a
Master's degree of Public Affairs from the Woodrow Wilson
School of Public and International Affairs at Princeton
University, and is from California.
Mr. Prieto, I understand that your wife, Sheryl, son
Daniel, and mother, Lucy, as well as other friends and family
join you today. If I could ask them to stand, I would do that
now. We welcome you to the committee.
[Applause.]
Chairman Roberts. I look forward to hearing your testimony
today and asking you some questions in regard to the role you
would serve at the Department, if confirmed.
I first turn to my distinguished Ranking Member for any
remarks that she may have.
STATEMENT OF HON. DEBBIE STABENOW, U.S. SENATOR FROM THE STATE
OF MICHIGAN
Senator Stabenow. Well, thank you, Mr. Chairman.
In the interest of time, I will put my opening statement
into the record, but I just want to welcome Mr. Prieto and your
family. I know they are very, very proud of you. You have been
serving us well in an acting position.
This is obviously an incredibly important position of
General Counsel. Our farmers and ranchers and families and
rural communities count on you to help guide us as we implement
the farm bill and other policies that create tools for our
growers and the resources for our communities.
Mr. Chairman, thank you for bringing the nomination
forward. I hope we can swiftly confirm Mr. Prieto as General
Counsel, and I will put the rest of my comments into the
record.
[The prepared statement of Hon. Debbie Stabenow can be
found on page 14 in the appendix.]
Chairman Roberts. I thank the Senator.
There are two questions that I need to ask you, sir, under
oath, before your testimony, if you could please stand and
raise your right hand.
Do you swear that the testimony you are about to present is
the truth, the whole truth, and nothing but the truth, so help
you God?
Mr. Prieto. I do.
Chairman Roberts. Second, do you agree that, if confirmed,
you will appear before any duly constituted committee of the
Congress, if asked to appear?
Mr. Prieto. I do and will.
Chairman Roberts. Thank you, sir.
Mr. Prieto. Thank you.
Chairman Roberts. Please be seated.
You are recognized for your testimony, sir.
TESTIMONY OF JEFFREY MICHAEL PRIETO, OF CALIFORNIA, NOMINATED
TO BE GENERAL COUNSEL, U.S. DEPARTMENT OF AGRICULTURE
Mr. Prieto. Good morning, and greetings, Mr. Chairman,
Ranking Member Stabenow, and other distinguished members of
Congress and the committee. I thank you all for your
willingness to hold this hearing.
It is a great honor to be before you as President Obama's
nominee as the General Counsel. I am also grateful to not only
the President, but to Secretary Vilsack for this honor, as
well, and I look forward to continuing to serve the American
public if I am so privileged of being confirmed.
I also thank you, Mr. Chairman, for recognizing my family,
because it is an honor to have them here. I just want to
publicly take a moment to thank my wife. We have had a long
journey to this particular place, and without her love,
support, I would not be here.
I also want to thank my mother, my sister, and our Rector,
as well, for their prayers, their support. My oldest son is
here. My youngest son started his summer job today and I told
him he cannot miss working----
[Laughter.]
Mr. Prieto. --so I know that he is here in spirit. But, I
am so grateful to all of them and all of the members and
friends and family that are here, and also to my community.
Because of them, I have this opportunity, and I intend to
continue to pay back that particular debt.
But, I am also a product of my family's history. My family
has been in this country for two generations. I think today of
three uncles who were killed in World War II, my cousins who
have served, including one who received the Distinguished
Flying Cross during the Vietnam conflict, another cousin who
has served in Special Forces during the Afghan situation, and
they are my inspiration. I think about them today, both those
that have passed, those that are still here, and they have
inspired me.
But, I also understand that inspiration has to be coupled
with hard work. I learned how to work hard from my grandfather.
My grandfather worked in a citrus packing house in Santa Paula,
California, for over 50 years, and he loved that job. He woke
up every morning, went to work. The bell would come, he would
come home for lunch, and he would go back. I worked there a
summer and I know how hard he worked. But, that is where I
learned how to work hard, and it was because of him and his
sacrifices and my grandmother's that we had the opportunities.
They supported us in so many different ways, at times
financially, our family in Mexico, and it was because of them,
again, that I am here.
But, not only inspiration and hard work, but there has to
be a purpose, and that purpose has been public service. I am so
glad that my mother is here today, because I learned what it is
to serve from my mother. My mother was our primary earner. She
worked a variety of jobs, and when we were growing up worked in
a split schedule so that she could be home when we left and she
was home when we got back, and then would go back to work. It
is, again, because of that sacrifice that, again, I understand
that it is not just enough to be inspired, it is not just
enough to work hard, but that you have to have a purpose.
I believe that coming together at this particular time,
this is my purpose, and my purpose has been to serve the
American public. If confirmed, serving as a General Counsel
would be the apex of my career. I am very proud of my service
as a government attorney and I think that that uniquely
prepares me, because I do understand the complexities of
working with federal legal agencies, the complexities of
issues.
I have been privileged to work on some of the most
important cases during my time at the Department of Justice and
I continue to bring that insight, that work ethic, that
understanding in serving in this particular position.
But, in terms of USDA, I also look forward to serving
America's farmers, ranchers, rural communities, because they
are not only essential contributors to the nation's economy,
they are amongst the most challenged segments of American
society. Both of my parents grew up in Santa Paula, California.
It is the citrus capital of the world, and I know there may be
states that may disagree with that. But, because of that
product, I understand the importance of agriculture in people's
lives. I understand what we gained as a family because of my
grandfather's work.
I have been privileged in my life. I have been privileged
to work on the issues that I have worked on and I look forward
to continuing to do so. I also look forward to working in USDA
because we have some of the finest attorneys, some of the
finest professional staff that I know not only serve the
Department, the American public, but work so closely with you
all, and I am committed to continue to do so.
Finally, if you would honor me by recommending me, and
should the Senate confirm me, I will do everything in my power
to execute the duties of the General Counsel. I intend to
execute my duties with the highest level of integrity, skill,
and professionalism to earn your trust, to earn your respect,
and I am committed to working with the leadership of USDA, with
the Congress, to further the best interests of all Americans.
So, I thank you, Mr. Chairman, Ranking Member, for holding
this hearing to consider my candidacy. I am grateful for your
time and I am glad to answer any questions that you might have.
[The prepared statement of Mr. Prieto can be found on page
15 in the appendix.]
Chairman Roberts. Well, Mr. Prieto, we thank you for your
humble and most eloquent statement. Thank you, sir.
As members know--Senator Bennet, would you like to be
recognized to cast your vote aye on behalf of the Grain
Standards Act?
Senator Bennet. Yes, Mr. Chairman.
Chairman Roberts. Senator Klobuchar, as well?
Senator Klobuchar. Thank you.
Chairman Roberts. We appreciate it.
Senator Thune. Mr. Chairman? Mr. Chairman, way down here at
the end?
[Laughter.]
Chairman Roberts. Yes.
Senator Thune. Could I also be recorded as yes on the Grain
Standards----
Chairman Roberts. I would be very pleased to acknowledge
your vote.
Senator Thune. Mr. Chairman, thanks.
Chairman Roberts. We have some questions. The staff will
let us know when the vote starts, and I want to thank members
for coming and giving us a quorum.
Mr. Prieto, farmers and ranchers are affected on a daily
basis by decisions made at agencies all across our federal
government, some of them quite intrusive. They are impacted by
rules such as the waters of the U.S. rule at EPA and
regulations on transporting farm goods and commodities at the
Department of Transportation. You know that. What appropriate
role or supporting role, if any, do you envision for the Office
of General Counsel during the interagency process and
discussions as laws affecting our agriculture producers are
implemented, sir?
Mr. Prieto. Mr. Chairman, thank you very much for that
question. I see a very robust role, and, obviously, depending
on the circumstance. Some of the examples you have provided,
USDA is not the lead, and in those particular instances, we
serve in a counseling role. That counseling role ensures that
the interests of the agricultural community are embodied, that
they are raised. We work very, very hard to ensure in working
with other federal agencies--and this is, again, an area that I
think particular insight--understanding the need for
collaboration. I am committed and will continue to ensure that
the interests of the agricultural community are raised and
considered by other federal agencies as they move forward on
those rules and responsibilities that they have primary
responsibility over.
Chairman Roberts. Thank you, sir.
I want to draw attention to the committee and to everybody
present, and to you, Mr. Prieto, there has been recent media
attention on federal agencies like the EPA improperly promoting
its regulatory actions with regards to waters of the U.S. A
recent news article raises questions about EPA's role and
actions employed in order to garner public support for the
proposed rule and reports that critics believe the EPA
inappropriately influenced the campaign, which is prohibited
for a federal agency according to the Anti-Lobbying Act.
Now, given your legal expertise, do you believe the EPA
violated the law? If confirmed, how would the Office of General
Counsel ensure the USDA is compliant with the Anti-Lobbying Act
restrictions?
Mr. Prieto. Again, Mr. Chairman, thank you very much for
that question. I can speak to the USDA. We understand the
statutory requirements in these particular issues. Clearly, we
have significant outreach to our communities. We do it in the
way that fits and within the statutory requirements, and I can
commit to you, sir, and to this committee, that we will
continue to do everything that we do within the statutory
requirements of those particular provisions.
Chairman Roberts. Thank you, sir.
Now, I have raised this issue because I was disappointed,
although not entirely surprised, to learn of EPA's very
questionable activities surrounding the manner by which they
advanced the WOTUS proposed rule through the rulemaking,
especially the public comment process. I am deeply concerned
and troubled that the EPA and administration officials may have
not only undermined the meaningful consultation and
collaboration with state partners and stakeholders in the
rulemaking process, but I am also concerned about their role in
manipulating and influencing the outcome of the public comment
period.
Now, in March, Administrator McCarthy testified before
Congress and said without any hesitation that over one million
comments--one million--and 87.1 percent of those comments we
have counted--I am quoting her--so far are supportive. Let me
repeat. Eighty-seven-point-one percent of those plus one
million are supportive of this rule.
Well, given what has come to light in recent days, I find
this statement to be completely disingenuous and automatically
discredit EPA's objectivity through every facet of the
rulemaking process to date. We all know that the EPA will issue
the WOTUS rule any day now, probably tomorrow.
This committee heard directly from farmers and ranchers,
this committee. They came, they testified, from all regions of
the country, ranchers, state agency officials, various
industries in Kansas, all throughout the country, about the
impacts of EPA's proposed WOTUS rule. It became the number one
issue of concern throughout all of rural America with regards
to regulatory overreach. This resounding message was
communicated before our committee, and it was clear that this
was the wrong approach and the wrong rule for agriculture,
rural America, and small communities.
When I and other members of this committee raised the
concerns of our constituents with Administrator McCarthy, we
were told that they should submit comments for the record and
EPA would take them under consideration. Well, we now know that
the EPA stacked the deck against them. Rather than listening to
public comments from our agriculture constituents, it appears
that EPA has orchestrated a political grassroots lobbying
campaign with environmental groups to manipulate the process
and disregard legitimate concerns from rural America.
Now, regardless of our position on the rule--we have
members of the committee who support the committee, I know
that. We have those of us who think that we could certainly at
least tweak it, or at least make it more fair, or simply back
it off for a while. That is not the issue. I give everybody
here the credit for their intent. The issue is having a fair
comment period where producers' legitimate concerns are heard
and protected, not drowned out by the EPA itself.
So, Mr. Prieto, I raise this issue with you only to say, I
encourage you--I encourage you--in your capacity as General
Counsel to ensure that the USDA follows the law and not in the
footsteps of the EPA, because this committee has the oversight
responsibility and we will be watching. I know you will do that
job.
The Agriculture Committee has a very full plate this
Congress with several pieces of legislation to complete before
September 30. There is a long tradition in this committee of
OGC being a partner in this task to ensure that we get the
language right. Do I have your commitment to make your staff
available to assist us in this work?
Mr. Prieto. You do, Mr. Chairman.
Chairman Roberts. There are other questions that I will
submit for the record, and I recognize the distinguished
Ranking Member.
Senator Stabenow. Well, thank you very much, Mr. Chairman,
and welcome again, and let me just indicate I think with the
Clean Water Act revisions that the proof will be in the pudding
and that we all want to make sure that all the traditional
agricultural exemptions and forestry exemptions are in place so
that, in fact, agriculture can continue to do what they need to
do and also protect the waters of this country, which we all
care deeply about, including and specifically our farmers and
ranchers who count on this resource, and we are seeing the
challenges across the country right now from lack of water. So,
we are all in this and need to get it right.
Mr. Prieto, you have a very impressive career in civil
service and you received a number of awards throughout your
tenure at the Department of Justice. You have now been at the
USDA's Office of General Counsel for nearly a year. I wonder if
you could speak a little bit more about your experience at the
Department of Justice, specifically within the Environment and
Natural Resources Division, how you think that experience
helped prepare you to be General Counsel of the USDA.
Mr. Prieto. Thank you, Senator, and I thank you also for
the compliments relative to my career. I believe that my time
as a federal prosecutor at the Department of Justice has,
frankly, prepared me very well for the position at USDA. Many
of the cases that I litigated, that I served upon, included a
significant number of federal agencies who we were
representing, both on the affirmative and on the defensive
side. It has given me the experience to work across the
government to ensure that consensus is reached, that decisions
are reached, so that the United States could speak with a
single voice. I think that experience in terms of working
across the government will serve me well.
Again, USDA has many partners and it is incredibly
important, as both you and the Chairman have raised, in terms
of the relationship that USDA has, the role that we play as
different rules go forward, as different practices go forward.
So, I believe that it has prepared me well to serve in that
particular role at USDA.
Senator Stabenow. Thank you.
You are also in charge of managing several deputy and
associate general counsels, 12 regional and field offices, I
think over 250 people. Could you talk about how your previous
experience has helped you be able to get to this point in terms
of leading a very large staff and the challenges of moving
forward as you work with us.
Mr. Prieto. Thank you, Senator. I think one of the
challenges that anyone faces coming into this position is
working with career public servants. I think, based on my
experience, I have a very good understanding of the challenges
that federal attorneys face. I think that, in itself, has
prepared me quite well to work with my now colleagues at USDA.
I also think some of the cases that I worked on, and based
on the complexity some of the largest that the United States
has brought, allows me also well to understand the challenges
that we face. We have a wonderful career staff and I am very
proud to be part of that. I think the insights that I bring
have allowed me to work very well with our career staff to
continue to serve not only USDA, but Congress, as well.
Senator Stabenow. Thank you.
We have a lot of work still to implement the farm bill. We
look forward to continuing to work with you on that. That is
obviously incredibly important that we get that right. We put a
lot on the USDA's plate and I think they are moving forward
very well on all of it.
But, there are new things, or old things that come back,
and one of those is country of origin labeling, that is one of
the most challenging issues, I think, now, given the decision
that we have to deal with. I think, as we look at solutions--I
have been focused on this and I know the Chairman has for the
last couple of years, looking at how we can find the right
balance for U.S. producers and meet our global obligations and
so on.
Will you commit to work with us as we develop a solution
that can both pass the Senate, but also is responsible in terms
of addressing the various needs of our producers and consumers?
Mr. Prieto. Again, to echo the Secretary, we remain
committed to working with Congress to address the particular
issues that are raised by the recent decision and we will
continue to do so.
Senator Stabenow. Thank you, Mr. Chairman.
Chairman Roberts. Well, thank you for that excellent
question, Senator, and thank you for your response, sir. We
have to fix this situation so we are WTO compliant. We just
have to do it, but we have to do it the right way and we have
to have a bill that will pass the Senate.
Senator Boozman.
Senator Boozman. Thank you, Mr. Chairman, and thank you
very much for being here and your willingness to serve.
This is such an important position, and I know that in the
future, you are going to face some really difficult challenges,
as has been brought up.
One thing that I would really ask you to remember, your
talk, your introduction was very eloquent and I enjoyed hearing
about your family, but it is so important to remember that,
being in this position, that you are going to represent real
people, real ranchers, real farmers, the type of people that
you were raised with and is still part of your family. Again,
it is just so important to use the power of the office that you
will have for good.
I have been disappointed, as well, with the
administration's approach with the waters of the United States.
How will you ensure that the EPA takes into account concerns
that farmers and ranchers have in their methodology?
Mr. Prieto. Thank you for that question, Senator. I think
we will continue to do so in the preparation of the rule.
Again, USDA served in a consulting rule to ensure that the
interest of the--agricultural interests were considered. It is
something that we at OGC and the Department, again, take very,
very seriously. We will continue to serve in that role in that
particular matter to ensure that it is with clarity, but also
to ensure that the stewardship of many of the rural community
ranchers, farmers, as they relate to those issues are also
reflected. I understand the incredible responsibility. I also
understand who we represent and we will continue to serve in
that capacity. I am committed to doing so.
Senator Boozman. Well, again, thank you very much for your
willingness to serve, and I yield back, Mr. Chairman.
Chairman Roberts. Senator Klobuchar.
I might tell my colleagues, the vote has started. We have
about ten minutes left, but please.
Senator Klobuchar. Okay. I guess I will be quick so we can
get to other Senators, as well. So, thank you.
Thank you very much, and I know that you have had a lot of
experience, including in the Environmental and Natural
Resources Division of the Justice Department, the EPA, and the
Department of Health and Human Services. So, I know Senator
Roberts raised this issue about the waters of the U.S. rule,
and we have had two experiences now in the last year. I
actually like the EPA Administrator very much. I think she is
trying to do some good things and has been really good at
reaching out.
However, on both the waters of the U.S. rule and then the
flood proposal on the biofuels that came out, from our
perspective, a lot of the farmers in my state just feel like
they have not had a lot of say over how this works and there
have clearly been some, especially with the waters of the U.S.,
some--there has not been enough input in terms of from the
beginning, before the rule came out, as there was with the
biofuels rule, also, there was not input, from my perspective.
How can you better coordinate, with your experience with the
EPA, on issues that affect farmers and ranchers?
Mr. Prieto. Again, thank you, Senator, and I understand the
importance of my role to ensure that we are coordinating. I am
committed, again, to continue doing what we are doing. If
confirmed, I will continue that OGC serves in that role, that
we are raising the issues of importance in any of the processes
that we are involved in, and that is definitely one that we are
involved in. We will continue to serve in that role to ensure
that those interests are considered.
Senator Klobuchar. Thank you very much.
I have also been working hard on two other issues. One is
trade with Cuba. I am leading the bill to lift the trade
embargo. As you know, we have got a lot of exports going on
under the humanitarian exemption. Minnesota alone is $20
million. On the bill with me are Senators Enzi and Flake, Paul,
Stabenow, Leahy, Durbin, and other Senators have been added
this week. Does the U.S. discriminate against other trading
partners like we do Cuba? How do you see the Agriculture
Department working better in terms of trying to make sure that
we use some of the trade promotion monies and other things to
further this effort?
Mr. Prieto. Senator, that is something that, again, USDA
obviously has a significant international presence in terms of
what we have done----
Senator Klobuchar. They have been very--Secretary Vilsack
has been incredibly supportive in terms of trying to get this
done.
Mr. Prieto. We will continue to do so if committed, and I
continue to be committed to working with you on these
particular issues. They are of incredible importance to USDA
and we are committed to working with you, with your staff on
these issues.
Senator Klobuchar. Okay. Thank you.
Last, just more to call your attention, because the USDA
has helped me with this in the past, particularly Secretary
Vilsack, we have too many wolves in Minnesota and we actually
went through a process to de-list the wolves. It was
successful. We got it done. Our state was managing them. Then
not all the groups, not the Wildlife Federation, not a number
of them, sort of were letting it be, but then two groups
brought--maybe others, but two groups brought a suit, the
Center for Biological Diversity and also the Humane Society,
once again, on the de-listing, and now we are no longer able to
manage the wolves. We have about double the number of wolves we
are supposed to have in Minnesota.
I believe in the Endangered Species Act, I truly do, but
this has gone on again, and so I am just warning you that this
issue will probably be coming across your desk, only because we
are out of options here. Obviously, Interior is appealing the
decision, which we appreciate, but this is--it just keeps
going, and I wish these groups that do respect the Act would
understand that at some point, it is not supposed to be used to
keep species in the--under the auspices of the Act forever. It
is supposed to be used to make sure we have enough of a
species, and then at some point, they get out from under the
Act. But, that is not how they are using the Act, given the
numbers.
The other thing you need to know is one of the reasons
given in the court decisions was that we did not have a
management plan for all of Minnesota. Well, that is because the
wolves are not supposed to live in all of Minnesota. They are
supposed to live in Northern Minnesota. They are not supposed
to be at the Mall of America or the Mayo Clinic.
So, as a lawyer, when you look at this, I hope you can
examine this, as well, because it is important to farmers and
ranchers. We have got a lot of, just in the last week, a number
of pets that were eaten by these wolves. Some of them are sick
and they are running around chasing snowmobiles. It sounds
small, but we are concerned about it. While wolves do not
necessarily prey on people at all, when they are sick and would
naturally not still be around, they do. So, we have had someone
bitten on the face and we are getting very concerned about it
because our wolves are around cabins. They are not just out in
ranches like they might be out in the western part of our
country. Okay?
Mr. Prieto. Thank you, Senator.
Senator Klobuchar. Thank you.
Mr. Prieto. Thank you very much for that information.
Chairman Roberts. Senator Tillis.
Senator Tillis. Thank you, Mr. Chair.
Senator Klobuchar, you may be surprised that we have a red
wolf problem in North Carolina, so I understand some of the
concerns.
I am going to be very brief. First, welcome to your family
and thank you for the very articulate opening statements.
My question has more to do with--I completely agree with
everything the Chairman said about the EPA rulemaking process
on WOTUS. I think it is wrong on several levels. I spent Monday
with a farmer down in North Carolina--by the way, we are the
sweet potato capital of the world. But, repeatedly, they talk
about regulations that maybe at one point in time made sense,
but now they have just been layered and layered and layered.
There is this ratchet effect with regulations that it seems
like no agency ever really goes back and cleans them up, maybe
nipping around the edges.
So, what role do you think the Department can play in
looking at not only the regulations you are responsible for,
but the multiple regulatory agencies that come out to a farm?
Frequently, multiple agencies are involved in pushing the same
regulations, not unlike the regulatory landscape in the
financial markets.
What can we do, or what role do you think the Department
can play to go back and say, is this rational? Is there a way
to make it more efficient and less intrusive and still achieve
the regulatory outcomes? We may disagree that some regulations
may or may not be necessary, but we can always agree to
evaluate how we can be doing a better job.
Is there a role to be played by the USDA to help our
farmers out and still get the regulations right?
Mr. Prieto. Senator, thank you very much for that question.
I believe it is, and it is one that we continue to play. As I
indicated, we very strongly play a consulting role to ensure
that the interest of USDA, the interest of the agricultural
communities are reflected, and I am committed to continuing to
play that role. It is a role that the Secretary plays and it is
a role that we will continue to play to ensure that the
interest of the communities that you have described are
reflected, and I think that is what, hopefully, I bring in
terms of working with the federal government, understanding
that role and to do it as effectively as possible.
Senator Tillis. Thank you. In the interest of time, I am
just going to submit other questions. I look forward to
supporting your confirmation.
Mr. Chair, I would like to say that I stand proud here with
you as the lone member left.
[Laughter.]
Chairman Roberts. Well, Marines are used to that.
Mr. Prieto, thank you for your time and willingness to be
considered, for your service at the Department as the General
Counsel. We look forward to that.
As you know, we are not voting on your nomination today,
but I promise you we will work to schedule a business meeting
as expeditiously--hopefully off the floor--as possible for a
committee vote. To that end, I ask members to submit any
additional questions for the record by 5:00 tomorrow, Friday,
May 2.
I just want to say one thing with regard to Senator
Klobuchar's remark about farmers in her State concerned about
not being heard on this waters of the U.S. situation. They are
being heard. We had a hearing right here in this room. This
place was packed with people, and we had representatives from
all over the country expressing their concern about this rule.
We heard them nine months ago when we were talking with
nine Senators, a bipartisan group, with the Administrator of
EPA, Gina McCarthy. I pointed out there were two lines in the
legislation, ``Normal cropping operations are exempted,'' and
then we went into 88 pages in the Federal Register where still
people are trying to figure it out.
Every farm organization, every farm group, every commodity
group, everybody involved in agriculture, every small community
sent in their commentary. So, yes, we are heard, but they did
not listen. They stacked the deck, and they stacked the deck in
a way that I think could have broken federal law. As you can
tell, I am pretty upset about it.
So, we are going to continue our oversight responsibility.
I credit Senator Jim Inhofe for asking for some consideration
with regards to an investigation by the GAO. We will be
following that closely. He has the jurisdiction with regards to
legislation, but we set the predicate, and I want everybody in
this room to understand that farmers were heard. The fact that
EPA stacked the deck against them, this is--it is not only
disingenuous, it tears at the very basic commentary system that
we have in this country were Congress--or some agency with an
agenda passes a rule, and then we have a commentary period. Why
even have a commentary period if we are not going to listen?
Further observations, I will offer, if not.
But, the committee stands adjourned.
[Whereupon, at 10:33 a.m., the committee was adjourned.]
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MAY 21, 2015
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QUESTIONS AND ANSWERS
MAY 21, 2015
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