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I write this letter as an endorsement of Kathleen McGinty, and urge you to confirm her as head of the CEQ. I am vice-president of the Murray · Pacific Corporation, a medium-sized, family-owned timber company in the State of Washington. Over the past four years we have been attempting to deal with the requirements of the Endangered Species Act. Recently we signed the nation's first all species Habitat Conservation Plan. This plan will protect the habitat of species on our tree farm and will also provide our business with operational certainty for the next one hundred years. To a significant degree, our success was possible because of the efforts of Katie McGinty.

Our achievement stemmed from the cooperative relationship which we developed with the federal government. As a private land owner, I was not optimistic about working with the government to solve what amounted to an economic and regulatory problem. Due in large part to the efforts of Ms. McGinty, I was pleasantly surprised with the responsiveness and commitment of the federal agencies with jurisdiction over our HCP. Ms. McGinty played a key role by coordinating the efforts of all of the federal agencies involved so that we, the landowner, received "one stop shopping." She insisted that agency staff work together to solve our problems, and she was thoroughly committed to succeeding. Ms. McGinty's strong belief that economic progress and environmental protection can successfully coexist, and her recognition that economic constraints must be respected when dealing with private landowners make her an excellent ally for both the environment and economic interests.

FIRST INTERSTATE PLAZA

IALLIMA WASHINGTON 98402
■ 6EATTLE (208) 838-8913 ■FACSIMILE (208) 303-3261

QUITE 1750
TACOMA (806) 383-4911

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Ms. McGinty's commitment to the HCP process is indicative of her commitment to finding win-win solutions. In a broad sense, the HCP approach provides an opportunity to conserve critical habitat and enhance economic growth. But fundamental to the process is a degree of risk which each side must be willing to accept. Often governmental institutions fail to solve problems because their leaders are constantly attempting to avoid risks. In contrast to this norm, Ms. McGinty understands that in order to succeed, the government must make bold policy decisions. Har willingness make such decisions and to forge ahead when tough issues are raised makes her a perfect leader for the HCP process. I believe that Ms. McGinty's judgment, commitment, and understanding of both business and the environment makes her an excellent choice for the head of the CEQ, and I urge her confirmation.

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Senator LIEBERMAN. Finally, as you pointed out, Mr. Chairman, in this area one of the great challenges we face is to make sure that we relate our policy to real science, and Katie incorporates that within her background, as you pointed out. So I think she is a great nominee, and I look forward to the hearing and I thank you for convening it.

Senator CHAFEE. Thank you, Senator Lieberman.

I see the ranking member of the committee has arrived.

Senator Baucus.

Senator BAUCUS. Thank you, Mr. Chairman. Others were here ahead of me; it would probably be appropriate if those who have been here longer speak first.

Senator CHAFEE. Well, Senator Kempthorne has been here for a while

Senator BAUCUS. I defer to the Senator from Idaho. I can do this because the Senator knows that the University of Montana defeated Boise State last Saturday, 54 to 28.

[Laughter.]

Senator CHAFEE. Well, you can afford to be gracious.

Senator BAUCUS. The year before, they drubbed us by the same margin.

Senator KEMPTHORNE. However, because of that, Mr. Chairman, some very good Idaho trout is on its way to the Senator from Mon

tana.

[Laughter.]

Senator KEMPTHORNE. Unfortunately, I will be forgoing Montana T-bone steaks this year.

[Laughter.]

OPENING STATEMENT OF HON. DIRK KEMPTHORNE,
U.S. SENATOR FROM THE STATE OF IDAHO

Senator KEMPTHORNE. Well, Mr. Chairman and Senator Baucus, thank you.

Ms. McGinty, welcome. I know that this perhaps is not the first time you have been to this committee because you have been affiliated with it in the past. But I welcome you and I thank you for the opportunity when we were able to meet in my office and discuss this nomination and many of the issues.

I also want to say without reservation that you have a very impressive family. To have that sort of support means a great deal, no matter what your endeavors are. In my discussions with your mom and dad, your mother pointed out that she was wearing a referee's uniform. I assured her that she would not be called upon today in that role.

[Laughter.]

Senator KEMPTHORNE. We won't agree on everything, but we will do it in a very professional fashion.

As to your nephews and nieces that are here, I understand that at least Frank is going to get special credit for this project. [Laughter.]

Senator KEMPTHORNE. As the key environmental adviser to President Clinton and to the Vice President, Al Gore, Ms. McGinty has made decisions that greatly affect the people that I represent. To quote the Tacoma, Washington, Times Tribune of February 20,

1994, "Ms. McGinty is a behind-the-scenes player whose power is felt throughout the Northwest. She has played a key role in setting Administration policies on the region's old growth forests and dwindling salmon runs.'

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The article goes on to quote her as saying, "I spent a lot of time in the Northwest." As a result of preparing for this hearing, I can confirm to this committee that Ms. McGinty's statement that she spends a lot of her time on issues important to the Northwest is indeed true.

But the key question is, what is the result of the time that has been spent working on Northwest issues? I will use this hearing to explore issues that include whether her assertion of putting people back to work in the Northwest logging industry is supported by fact; second, the degree of her participation in setting Administration environmental policy on nuclear energy, salmon recovery, hydropower issues and timber issues; third, the irony Ms. McGinty is being nominated to a position that I believe the Administration sought to abolish, and what the operational effects are of having not one but two separate departments in the White House devoted to setting environmental policy.

I am keeping an open mind about this nomination. I look forward to discussing these issues with you, Ms. McGinty.

In preparation for this hearing I read a compilation of your work at the Council on Environmental Quality, a number of news articles that you have written, and also letters from people from the State that I represent. I have also appreciated the time that we've had to sit down. So today we will further explore some of the issues that you know are important to me, and that I know are also important to you.

Mr. Chairman, thank you.

[The prepared statement of Senator Kempthorne and additional documents concerning the nomination follow:]

PREPARED STATEMENT OF HON. DIRK KEMPTHORNE, U.S. SENATOR FROM THE STATE OF IDAHO

Mr. Chairman, I appreciate your convening this hearing. Ms. McGinty, I welcome you back to this committee. As I understand, Ms. McGinty, that while you once worked on this committee, you were never on that side of the witness table. It must be an unusual experience. I welcome as well your family and friends who are here with you.

As the key environmental adviser to President Clinton and to Vice President Al Gore, Ms. McGinty has made decisions that greatly affect the people I represent. To quote the Tacoma, Washington Times Tribune of February 20, 1994, Ms. McGinty "Is a behind the scenes player whose power is felt throughout the Northwest. She has played a key role in setting administration policies on the region's old growth forests and dwindling salmon runs.

"I spent a lot of time on the Northwest."

In preparation for this hearing, I read a compilation of her work at the Council on Environmental Quality and at the White House, a number of news articles about her and letters from folks back home. I have also met with Ms. McGinty, and my staff has met with her as well.

I can confirm for this committee her statement that she spends a lot of her time on issues important to the Northwest. But the key question is what is the result of the time she has spent working on Northwest issues?

I will use this hearing to explore issues that include:

• The irony of Ms. McGinty being nominated to a position she sought to abolish, as well as exploring questions that have arisen about the timing of her nomination and recess appointment.

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The operational effects of having not one but two separate departments in the White House devoted to setting environmental policy. This comes from an Administration that seeks to downsize government, and end excessive environmental regulation and duplication.

How Idaho's former liberal Democratic Governor Cecil Andrus, who had the support of environmental groups in the State, viewed the office of White House Environmental Policy that Ms. McGinty directed as an environmental "green machine" that was nothing more than-quoting now-"Katie McGinty and her wrecking crew."

· How her claim of accomplishment of putting people back to work in the Northwest logging industry is backed up by facts.

I am keeping an open mind about this nomination, and I look forward to discussing these issues with Ms. McGinty. To expedite these hearings, I ask unanimous consent to insert in the record a letter I sent to Ms. McGinty on September 12, 1995 and her September 19 response that includes her biography and compilation of activities at CEQ.

[From the Associated Press, November 14, 1994]

ENVIRONMENTAL AIDE: CLINTON WANTED NEW PLAN

Boise, Idaho (AP) President Clinton himself "ripped up" the environmental impact study for a proposed Air Force training range in Owyhee County and ordered a new range plan, his top environmental aide says.

It has been unclear exactly how the 25,000-acre_range for Mountain Home Air Force Base hit the skids in October when the Air Force told Gov. Cecil Andrus it would not approve the plan without modifications.

But at a recent symposium in Flagstaff, Ariz., Kathleen McGinty, director of the White House environmental policy office, said Clinton reacted to public concerns about the range proposal.

"Many concerns were voiced by the environmental community, by tribal leaders and by others," McGinty said, according to a recording of her appearance.

"In hearing those concerns, the President basically ripped up the final EIS and sent DOD (Department of Defense) back to the drawing board," she said. "We have to sort a smile and feel good when something turns out right."

Some observers suspect that the range really was done in by what Andrus calls "Katie McGinty and her wrecking crew" not Clinton.

"The governor believes it never got to him," Andrus spokesman Scott Peyron said. McGinty could not be reached for comment this week.

The Air Force is developing a new range plan to meet complaints that the range would irreparably harm the Owyhee Canyonlands and Indian religious sites.

Mountain Home Air Force Base supporters, including Andrus, dispute the harmful effects claims, and fear the base could be closed in the 1995 round of base closures if a new range is not approved.

The Air Force might not decide on a revised range plan until well past March 1, the day Defense Secretary William Perry must submit recommendations to the federal base closure commission.

CLINTON OWES AN EXPLANATION ON HANDLING OF TRAINING RANGE

If President Clinton thinks an off-hand explanation from some White House aide about how he "ripped up" the proposed Air Force training range plan is enough, he had better think again.

Idahoans deserves far better than that. They deserve a commander in chief who isn't afraid to step out of the shadows and say, “I did it—and here's why."

Instead, it was Clinton's environmental policy director Katie McGinty who revealed that her boss sent the Air Force back to the drawing board because of concerns about environmental and tribal issues.

Gosh, thanks for telling us.

The last official word Idaho got came a few weeks back in a letter from the Air Force, which said it was planning to "reopen" the discussion of a training range for the air base's sophisticated composite wing.

This paltry response was a stunning slap in the face for the thousands of Idahoans who expended blood and tears fighting for months over the fate of the Mountain Home Air Force Base and the high desert lands in Owyhee County.

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