Acting US Interior Sec. David Bernhardt answered environmental and other groups’ assertions that he would cater to oil and gas interests which were clients when he was in the private sector with a pledge to remain committed to the highest ethics possible if the full US Senate confirms his nomination as secretary.
“As Deputy Secretary, my focus has been on improvement and execution,” he told the Energy and Natural Resources Committee on Mar. 28. “This has included beginning to fundamentally transform the department and bureau level ethics programs to ingrain a culture of ethical compliance and reduce workplace misconduct.”
Bernhardt said that DOI’s ethics program has been neglected for some time, and he has been working hard with others to correct this for several years. “For too long, the Office of Inspector General and the Departmental Ethics Office recommended significant resource changes that had fallen on deaf ears,” he said.
Since the beginning of the Trump administration, DOI has hired 42 career, professional ethics advisors, he continued. “We are making strides, but we have much work ahead of us. By the end of Fiscal Year 2019, we will have doubled the number of career ethics officials that the previous administration hired in its entire eight years,” Bernhardt said.
“I know how important and devastating it is when folks at the top act in an unethical manner. I am asking for your help in consolidating ethics programs across the department,” he said in response to a question from committee chair Lisa Murkowski (R-Alas.).
Democrats ask questions
Several Democrats on the committee raised ethics and other issues in their questions. Ronald L. Wyden (Ore.) came away dissatisfied and announced his intention to vote against Bernhardt’s confirmation. “I’m not claiming you’re Big Oil’s guy. The Big Oil lobbyists themselves have been caught on tape saying that,” he told the witness. “I think you are so conflicted that if you get confirmed you’re going to have one of two choices. One, you’re going to have to disqualify yourself from so many matters, I don’t know how you’re going to spend your day. Or two, you’re going to be making decisions that either directly or indirectly benefit former clients, regularly violating your ethics pledge.”
Other Democrats’ questions involved different areas. Ranking Minority Member Joe Manchin (W.Va.) noted that only 6% of the US Outer Continental Shelf presently is available for oil and gas leasing, and asked about the administration’s commitment to consider up to 90%. Bernhardt responded that the new OCS leasing program is in its earliest stages and likely would be winnowed down significantly.
Martin Heinrich (NM) said that the greater Chaco Canyon area in his home state is threatened by possible oil and gas development and a management plan to protect it has been tied up for 5 years. “I think the planning process includes alternatives which would be conservation-oriented, but I would like to get out there and see the site for myself,” Bernhardt replied.
When Catherine Cortez Masto (Nev.) asked whether the Trump administration’s energy dominance strategy emphasizes oil and gas over wind, solar, and other alternatives, the witness said DOI’s policy is to treat all energy options fairly. “We have an accelerated [National Environmental Police Act] review for proposed projects and an aggressive wind development program off the East Coast. We should move this forward for all forms of energy,” he told her.
Maria Cantwell (Wash.) said that the Arctic National Wildlife Refuge’s Coastal Plain has the largest concentration of the polar bear dens in the state, and asked whether oil and gas leasing there is moving ahead without considering impacts adequately. Bernhardt said that the area was studied extensively in the 1980s, the US Fish & Wildlife Service completed a land use plan in 2015, and he asked the US Geological Survey to update its assessments in 2018. “I think we’ve done everything we can to protect the area,” he indicated.
Republicans stress qualifications
Republicans on the committee emphasized Bernhardt’s qualifications in their remarks and questions. “In the years that I’ve known you, you’re tried to follow every step of the law. I’ve been impressed by you as an administrator, a legal mind, and a citizen with a strong commitment to effective public policies,” said Mike Lee (R-Utah).
“Instead of being portrayed as a competent lawyer who represented clients effectively, you are being portrayed as a lackey,” observed Cory Gardner (Colo.). “When Sally Jewell was nominated as secretary [in 2009], her oil and gas experience was portrayed as an asset. Apparently, yours is not being given the consideration, and a double standard is being applied. If people look past the partisan politics, you are extremely well qualified.”
“You are not the first nominee to work for someone else and have had recusals in the past, but for some reason there are outside groups which oppose your nomination,” Murkowski said. “I appreciate that some of my colleagues raised hard questions, but I also recognize that the Office of Government Ethics has completed a review and found you in good standing.”
When Bill Cassidy (La.) asked about revenue sharing and coastal resilience, Bernhardt said that he was aware of both issues and planned to study them further. To the senator’s question about improving processing for energy project permit applications, Bernhardt said he planned to meet with the US Bureau of Land Management’s state office directors and discuss ways to make reviews more quickly. “Our goal is to get it down to 92 days,” he indicated.
“I want to make sure that BLM’s field offices have adequate resources. I also want to help BLM approve its permitting process and want to work with you on that,” John Hoeven (ND) told the witness.
Contact Nick Snow at [email protected]
