The First 100 Days

The Department of the Interior

Under the Leadership of

President George W. Bush and Secretary Gale A. Norton

April 27, 2001

"I am both a compassionate conservative and a passionate conservationist who hopes to foster a new culture of communication, cooperation and consultation . . . all to serve the cause of conservation."

Gale A. Norton

The Interior Department is the Nation's principal conservation agency, responsible for protecting and providing access to our natural and cultural heritage. The Department:

• Manages nearly one-fourth of the Nation's lands, including more than 900 national parks, wildlife refuges, recreation areas, monuments, historical sites and vast areas of multiple use lands that attract more than 400 million visitors each year.
• Serves as the Nation's chief water, biological and earth sciences and mapping agency.
• Works with more than 500 Indian tribes, is responsible for the education of 50,000 Indian school children and is the trustee for 56 million acres of tribal land.
• Manages public lands and offshore waters that produce 28% of the Nation's energy.
• Conserves and protects fish, wildlife, plants and habitats for the continuing benefit of the American people.

Executive Summary

FY 2002 Budget

Secretary Norton's first budget for the Department of the Interior made sure that President Bush's promises were kept to provide more money to conserve land and water, improve national parks and strengthen Indian schools. This budget fully funds the Department's core missions, provides more environmental protection at less cost and replaces 6 new schools for 2,864 Indian children.

Consultation

Secretary Norton's first official act was to call the Nation's Governors, long forgotten as partners in setting public policy, to pledge an era of "consultation, communication, cooperation, all to foster a culture of conservation." This "4C" message has been emphasized in dozens of the meetings Secretary Norton has had with Interior employees.

Energy

• Secretary Norton developed a comprehensive set of options for improving the energy situation in the United States. More than 70 options for improving energy supply and energy conservation have been given to the Vice President's National Energy Policy Commission.
• Secretary Norton encouraged offshore drilling contractors to use their best efforts to protect the environment and safety of their employees.
• Secretary Norton committed to work directly with California Governor Gray Davis to expedite Federal permits needed to build power plants in energy-starved California.
• An offshore lease raised $505 million, some $200 million more than OMB anticipated.

Fire Suppression

The Department is aggressively hiring a full complement of firefighters and is working to prevent fires from burning 1.4 million acres, through fuels treatment projects.

Conservation

• Protect California condors, whooping cranes, Florida manatees.
• Approve $28 million in Federal grants, matched by $145 million of partner funds, to protect 245,000 acres of wetland habitat.
• Appoint a 10-member National Wildlife Refuge Commission to promote awareness of the Refuge System as it celebrates its Centennial Anniversary in 2003.

Science

• Released a comprehensive study of the $429 billion minerals-based industries.
• Developed a new method to biologically remove manganese from water.
• Reported that Russia could increase its platinum production 40%.
• Discovered the largest sunspot seen in 10 years. This could pose a serious threat for commercial and military satellite operations.

Regulations and Litigation

The Department reviewed and, in some cases, initiated steps to modify regulations and policy statements issued in the closing days of the Clinton Administration.

Personnel

Secretary Norton has found the best and brightest candidates to serve in key positions in the Department.

Fact Finding

90% of Interior's employees and programs are located outside the Washington, D.C., area. Secretary Norton has made it a priority to review these programs and carry her "4C" message to employees.

Congress

Secretary Norton has testified four times before Congressional committees. Other Department officials have testified an additional 31 times

The FY 2002 Budget

The President's 2002 budget offers a new vision for governing the Nation. His budget proposes tax cuts for all Americans, reducing the amount of publicly held debt, and responsible spending with a moderate rate of growth. As part of the President's plan, the Department requests $10 billion in appropriations for fiscal year 2002. While our overall request for the Department is 3% below the 2001 level, it is $1.4 billion, or 16%, above the 2000 level of $8.6 billion.

This budget has four major initiatives.

Full funding ($900 million) for the Land and Water Conservation Fund (LWCF), including $450 Million for States: This is the first time that a President's budget request has included full funding for the state side of the program. States for the first time will be able to use this funding to benefit wildlife and habitat; protect, enhance and restore wetlands for migratory birds and other fish and wildlife; protect species at risk; and acquire traditional recreation areas and recreational facilities.

Conservation partnerships through local and private conservation grants: The budget establishes two new grant programs, funded within the Federal LWCF, to promote species and habitat conservation. The budget sets aside $50 million to be awarded on a competitive basis as grants to states to set up, or supplement, landowner incentive programs. The funds are to be used to provide technical or financial assistance to landowners to allow them to undertake conservation measures that benefit species or habitat, while continuing to engage in traditional land use practices (grazing, farming, development, etc.). A second, $10 million private stewardship program will provide grants directly to individuals and groups engaged in local, voluntary conservation efforts.

Increased funding to eliminate the maintenance backlog in our national parks: The budget includes $439.6 million, an increase of over $100 million over FY 2001, for non-road construction and deferred maintenance. This includes a number of projects that will result in improved environmental conditions in many parks. In addition, the National Park Service will receive $50 million (an increase of $20 million over FY 2001) to improve natural resources in the parks. Among other things, these funds will be used to address invasive species.

Restore pride in Indian education: The budget includes an increase of $9 million to improve educational programs in elementary and secondary schools for 50,000 Indian children. One-fifth of the 4,500 buildings in the BIA school system are more than 50 years old. Serious deficiencies pose real threats to students' health and safety, and make it more difficult for students to learn.The budget includes $293 million to replace six Indian schools and conduct needed maintenance and repairs at many others. This level of funding will meet the President's goal of eliminating the maintenance backlog at Indian schools over five years. Two examples of these school replacement projects are:

Consultation

• Her first official act was to have a conference call with state governors, long forgotten as partners in setting public policy, to pledge an era of "consultation, communication, cooperation, all to foster a culture of conservation." Secretary Norton has also promised to consult with Governors of coastal states before off-shore oil and gas leasing decisions are made.
• In her first meeting with Interior employees, Secretary Norton emphasized the need for consultation and communication.

"During my confirmation process, I promised to listen to people from all over the this country, to involve them in our decisions, to tap their experience and their wisdom, and their creativity. But I only have one set of ears, and that means I need to rely on you and to learn from the people of America. It is an inclusive approach, and that's what I can hope we can all follow."

• Secretary Norton issued a written directive that Career Senior Executive Service evaluations will include an assessment of each employee's ability to "build lines of communication among all levels of government - federal, state and local - and their elected officials." The written directive further states that "Toward this end, every SES member is expected to advocate and enhance consultation, cooperation and communications with government officials and others."
• In the last days of the Clinton Administration, the Department of the Interior designated a number of public lands as federally protected national monuments. These designations were made without consulting state and local elected officials about the impacts these designations would have on citizens who live nearby. Secretary Norton sent more than 350 letters to state and local elected officials to seek their advice and written comments about these designations, how these lands should be managed, and whether boundary adjustments were needed.

The Department of the Interior will play a key role in shaping national energy policy. Right now, lands and offshore areas managed by the Interior Department produce 28% of the Nation's energy. It is estimated that about 87 billion barrels of oil and more than 400 trillion cubic feet of gas are potentially recoverable from the Outer Continental Shelf, public lands and the Alaska National Wildlife Refuge.

President Bush created an Energy Policy Development Group (NEPD) to develop a national energy policy. Secretary Norton was selected for this group. To assist in this initiative, Secretary Norton created a multi-bureau task force to assure market availability of Interior-related energy sources and to reduce constraints on national energy production and transportation. Ten teams were created to analyze the resource and economic opportunities for enhanced energy production, current or potential impediments to production, and recommendations in the following areas: offshore oil and gas, onshore oil and gas, North Slope oil and gas, coal, public and tribal lands siting/rights of way, tribal lands, hydropower, hydropower licensing, environmental processes and barriers, and Bureau of Land Management/U.S. Forest Service land management planning.

As a result, a number of options for improving the Nation's domestic energy supply were identified and forwarded to the NEPD. These options are now being reviewed.

DOI's Management of the Outer Continental Shelf Could Produce Significant Oil and Natural Gas: Significant actions have been taken in Secretary Norton's first 100 days to develop, in environmentally sound ways, the proven oil and gas reserves in the Outer Continental Shelf (OCS) waters off the coasts of the United States:

Secretary Norton praised OCS contractors who had the best safety and pollution prevention records: To drive home the point that offshore drilling and exploration must be environmentally responsible and safety conscious, Secretary Norton traveled to Houston, Texas, to present awards to OCS contractors who had exemplary pollution control and safety records, and who have been the most accurate in paying royalties. Examples of the awards given: Kerr-McGee, which did not have a single safety violation at any of its 90 facilities; Sameden Oil, which has a cutting-edge safety program that has led to an outstanding safety record at the company's 250 wells,

"We have to shine a giant spotlight on the programs produced by today's nominees. We must make their accomplishments common in every segment of the energy industry. From the tundra to the tropics, we must build on new technologies to ensure our national treasures are safe. Over time, these technologies and programs will earn the respect and trust of those in doubt. Therefore, to protect the Industry and our environment, we must join together and maintain high standards. I ask for your help to enforce aggressively our safety and pollution prevention requirements."

Protecting Florida Straits: Secretary Norton on April 24, 2001, wrote to Florida Governor Jeb Bush about her commitment to protect the Florida Straits, near the Florida Keys, from oil and gas development.

Lease Sale 178 Raised $505 Million: The Minerals Management Service received $505 million in high bids on the OCS Lease Sale 178 (Central Gulf of Mexico), conducted on March 28. This lease sale was $200 million more than had been anticipated. The sale was the first at which specified deep-water leases were offered with automatic royalty suspension volumes (the deeper the water, the less royalty is paid).

British Petroleum Confirmed Largest Ever Gulf of Mexico Oil and Gas Field: BP announced this week that offshore areas leased by MMS had confirmed the largest oil and gas discovery ever in the Gulf of Mexico. Virtually all of Interior's work on these leases occurred in the Reagan-Bush Administration. The one-billion barrel field is located 125 miles southwest of New Orleans in 6,000 feet of water. Initial production from the field is expected by 2005 with production of 250,000 barrels of oil per day at peak rate. BP also announced another major discovery nearby that could rank in the top five discoveries ever in the Gulf of Mexico.

Energy Policy and Conservation Act Amendments of 2000: Pursuant to this law, BLM, USGS, USFS, and DOE will inventory all onshore Federal lands for oil and gas resources and any restrictions or impediments to their development. Secretary Norton has directed that this study be expedited. Contracting mechanisms and funding sources are currently being identified.

California's Energy Crisis: In response to California's power supply crisis, the Department of the Interior has taken a number of actions:

• DOI's Bureau of Reclamation continues working to meet all energy requests, adjusting its scheduling of hydroelectric generation to coincide with on-peak power needs. Recently, Glen Canyon Dam's hydropower resources played a significant role in meeting southern California's power needs by supplying 350 megawatts (MW) during the State's Stage 3 Emergency.
• President Bush directed all relevant Federal agencies to expedite Federal permit reviews and decision procedures with respect to siting and operation of power plants in California. Secretary Norton wrote California Governor Gray Davis to inform him that she had directed the Fish and Wildlife Service and the Bureau of Land Management to work "closely with your staff to ensure that the permit and other environmental reviews are conducted on a schedule that is consistent with the actions of the state and your local agencies." The Secretary designated her Deputy Chief of Staff, Sue Ellen Wooldridge, a California native, to be her personal liaison on all California energy issues.
• MMS and representatives of the California State Lands Commission are discussing cooperation for the exploration and possible development of the Tranquillon Ridge Field, which straddles the Federal/State boundary in the offshore Santa Maria Basin. The Commission is considering a proposal to issue a lease in this area. The Commission is interested in the possibility of developing cooperative agreements that may be necessary to use Platform Irene, located in the Point Pedernales Field in Federal waters, to develop the adjacent Tranquillon Ridge Field in State waters. If such agreements are reached, the State lease might be developed without placing an additional platform in the area.
• BLM is seeking public comments on a proposed 230 kilovolt powerline- the BN-BS Transmission Line Project - that would be constructed in open desert east of Palm Springs, California. The powerline would supply additional electricity to Coachella and Imperial Valleys.

High Quality, Low-Sulphur Coal Plentiful: A new national assessment of coal resources by DOI's United States Geological Survey shows abundant high-quality, low-sulfur coal on Federal and private lands in Arizona, Colorado, New Mexico, and Utah. This is critical information for the formulation of a national energy policy.

FY 2002 Energy Budget: The President has promised to increase domestic energy supplies from a variety of sources. One source is through the Bureau of Land Management. Lands managed by BLM yield 5 percent of our country's annual domestic oil and 11 percent of its natural gas. The budget includes a $15 million increase for expansion of energy and mineral activities. This includes oil, gas, coal programs, and realty processing of rights-of-way. The increases will enable the Department to conduct additional energy resource surveys, process coalbed methane permits, and conduct oil and gas inspections.

With respect to Alaska, the budget will fund preparation for an additional lease sale in the National Petroleum Reserve and environmental and other studies in the 1002 area of the Arctic National Wildlife Refuge - should exploration and development be authorized by the Congress.

The budget also includes an increase of $7 million to ensure that the leasing and regulatory programs in the Gulf of Mexico keep pace with public demand for energy. This covers funding for industry permit requests and the need to review development plans and conduct inspections at offshore operations. In 2002, MMS will acquire the necessary systems to support further pilot projects in taking some Federal royalties on oil and gas production "in kind," rather than in cash payment.

Fire Suppression and Fuels Treatment

The Interior Department manages one fourth of America's land and many of these lands are susceptible to wildfires. Last year's fire season was the worst in 50 years as 93,000 fires burned more than 7.4 million acres of Federal and State lands. Drought, declining water storage, and diminished snowpack conditions are even worse this year in parts of the country. Furthermore, millions of wildland acres are loaded with dead and dying timber, underbrush and weeds. These fuel loads will increase the number, speed and intensity of fires. Most Western states are at high risk of a severe fire season.

Preparing for the 2001 fire season, and developing long-term plans to reduce fuel loads on our wildlands, is Secretary Norton's highest Department-wide priority. Her office holds weekly meetings to review the status of fire suppression preparations and fuels treatment projects. To demonstrate the importance she placed on being ready for the upcoming fire season, Secretary Norton's first official trip, on March 2, 2001, was to the National Interagency Fire Center (NIFC) in Boise, Idaho. She toured the facility, met employees, and chaired a working session with fire directors on preparing for the upcoming fire season. As a result of the weekly meetings and the NIFC trip, the following actions have been taken:

Hiring Firefighters: Congress increased funding for firefighting in 2001 by $486 million over last year's levels, and authorized the Department to hire 8,590 firefighters, which is roughly 3,600 more than last year. Secretary Norton set the goal that by June 15 all seasonal and at least 90% of all permanent career personnel must be hired and trained. As of April 16, 2001, 48% of seasonal positions and 40% of permanent positions have been filled. The Department is on track to achieve the Secretary's goal. To accomplish these goals:

• Secretary Norton immediately exempted firefighting personnel from the government-wide hiring freeze.
• To address a critical need for more trained firefighting supervisory personnel, Secretary Norton committed to:

• Obtain a waiver to allow retired firefighting supervisory personnel to be rehired this summer without suffering a financial penalty for doing so. This waiver was granted on March 22, 2001.
• Allow bureau directors, in consultation with the National Interagency Fire Center, to approve hiring and retention bonuses to attract and keep qualified firefighting personnel. This directive was approved on April 16, 2001.
• Secretary Norton and the Oak Ridge Boys prepared a series of public service announcements to recruit wildland firefighters. The PSAs invite interested firefighters to call a toll-free number for job availability in the state of their choice. Special emphasis is being placed on radio stations serving diverse populations.

Fuels Treatment: Because the best firefighting is fire prevention, fires should be fought before they ignite, as well as after they start. Excessive dead and dying timber, underbrush and weeds - so-called "fuel loads" - are removed through prescribed burns or mechanical means (chainsaws, tractors, chemical sprays, etc.). These fuels treatments reduce the number and severity of fires. Fuels treatments must meet National Environmental Policy Act and/or Endangered Species Act requirements.

The location of the acreage being treated is rising in importance. More Americans live among or near wildlands. To protect lives and property, fuels treatment in this wildland-urban interface is a priority.

In recent years, fuels treatment has become an increasingly important component of the fire budget. In 1998, $35 million treated 632,000 acres. In 2001, the Department received $186 million, which will be used to treat at least one million acres. An additional 386,000 acres will be treated if drought conditions subside to allow prescribed burns.

Fuels treatment is a high priority for Secretary Norton:

• Secretary Norton released $6 million in additional funds for Section 7 consultations to expedite action on fuels treatment projects.
• Concerns were raised that early drafts of President Bush's proposed FY2002 budget substantially reduced funds provided for fuels treatment projects. Secretary Norton reviewed funding levels. President Bush's final budget provided full funding for fuels treatments. As a result, more than 1.8 million acres could be treated in FY 2002.
• Secretary Norton directed that a more comprehensive system be established for tracking and monitoring the status of fuels treatment projects. That system is now being implemented.

Fire Suppression: A series of actions are being taken to improve fire suppression efforts:

• Secretary Norton commissioned a 15-member Federal Advisory Committee Act Board to provide guidance to the Department and review overall wildland fire research to support suppression, prescribed fire and other fuels treatment techniques. The 15 members are recognized experts in the field of wildland fire management from academia, industry, government and non-governmental groups.
• The Department is securing additional firefighting aircraft to better attack new fires while they are still small, thereby preventing them from becoming destructive. The firefighting aircraft include five additional single-engine air tankers, seven light helicopters, six air-attack aircraft and one large jet transport aircraft. In addition, the Office of Aircraft Services is starting annual inspections of contract aircraft, pilots, and related equipment in support of the Department's 2001 wildfire management initiatives.

FY2002 Budget: The proposed funding level for fire is $658 million, more than double historical levels. While this level is $319 million lower than 2001, the largest part of the decrease reflects the elimination of an emergency contingency fund. The President has proposed a $5.6 billion National Emergency Reserve that will be available for emergency fire needs, and other natural disasters.

The Budget provides a level of readiness that will ensure that the necessary crews of fire fighters, fire engines, air tankers and helicopters are in place. Suppression activities to control fires are funded at the ten-year average for such expenditures. The fuels treatment program will be funded with $186 million dollars. This is almost four times what Interior has historically spent on the removal of fuels that result in dangerous fire conditions.

North American Wetlands Conservation Grant: On March 14, 2001, the Secretary, presiding at the Migratory Bird Conservation Commission, approved $28 million of Federal grants matched with $145 million of partner funding to provide conservation benefits to over 254,000 acres of wetland habitat.

California Condors Released, Another Pair Nesting: The Secretary helped release five California Condors at a remote area of the Los Padres National Forest in California. The first confirmed nesting in the wild by a pair of reintroduced condors occurred in April in Arizona. Fifteen years ago, when Secretary Norton was an Associate Solicitor, she was part of an effort to protect the Condors when only five remained in the wild. Today there are more than 160.

Delisting of Aleutian Canada Goose: The Secretary announced in March that the Aleutian Canada Goose will be removed from the Endangered Species List. The goose delisting was made possible by several factors - removal of predatory, non-native foxes from some of the nesting islands; establishment of breeding colonies of translocated family groups of birds; protection from hunting throughout its range; and management of wintering habitat in California and Oregon.

Whooping Crane Recovery: In March, the Secretary announced the proposal for the FWS to establish a nonessential, experimental population of Whooping Cranes that would migrate between Wisconsin and Florida. This proposal would fulfill the goal of establishing a third wild flock of Whooping Cranes, helping to safeguard the survival of the species.

Manatee Protected Area Planning: The Secretary's office and FWS are working with the State of Florida to coordinate public participation as Florida and FWS complete their respective planning processes for the designation of Manatee protected areas in accordance with court-ordered settlements.

National Wildlife Refuge Centennial Commission: The Secretary will appoint 10 prominent Americans to the National Wildlife Refuge Centennial Commission to promote awareness of the Refuge System as it celebrates its Centennial Anniversary in 2003. This Commission will help in the preparation of a plan to commemorate the Centennial of the Refuge System and to address maintenance issues in the Refuge system.

Comprehensive Plans Final for Two Refuges: On March 19, FWS approved the Final Comprehensive Conservation Plans for E.B. Forsythe and Cape May National Wildlife Refuges in New Jersey. The plans outline the future management and land acquisition plans for these refuges and have involved extensive public involvement and comment. The release of these documents has been coordinated with the New Jersey Congressional delegation.

BLM to Release Mojave Draft EIS: The Bureau of Land Management plans to release this week, for public comment, its Draft Environmental Impact Statement (DEIS) on the Northern and Eastern Mojave Plan. The DEIS identifies impacts to the 2.4 million acres of BLM-managed land that would result from proposed amendments to the California Desert Conservation Area Plan of 1980. The comment period lasts from April 2-July 2.

Bureau of Land Management to Open Long-term Wild Horse and Burro Holding Facilities: BLM will open new long-term holding facilities for wild horses and burros in Cassody, Kansas, and Catoosa, Oklahoma. These pasture facilities, which will provide more grazing space at lower cost than traditional corrals, will house animals collected by BLM from the western rangelands while they are waiting adoption. The facilities will be operated by private ranches under contract with BLM.

Historic Funding for Land and Water Conservation Fund: Secretary Norton's first budget request provides new resources and tools empowering state and local governments to meet conservation needs cooperatively and in creative ways. A key step in initiating these partnerships is the full funding of $900 million for the Land and Water Conservation Fund. This funding level provides $450 million for states, $390 million for Federal activities, and $60 million for private efforts to better preserve and protect the environment.

The $450 million to revitalize LWCF state grants is an increase of $360 million over the $90 million appropriated in 2001.

For the $390 million Federal portion of the Land and Water Conservation Fund, a new emphasis will be placed on input and participation by affected communities. The Secretary has pledged to pursue Federal acquisitions in areas only where there is strong support from the local community, and to give priority to conservation easements and land exchanges.

Science

USGS Describes the Nation's $429 Billion Minerals-Based Materials Industry: The USGS released Mineral Commodity Summaries 2001 (MCS2001), the earliest detailed review of events, trends, and issues in the U.S. minerals industry for 2000. The report is the latest in a series of annual USGS reports that provide information on the domestic minerals industry, international trade, recycling, Government programs, tariffs, and 5-year salient statistics for about 90 individual minerals and materials. A brief overview of significant world events relevant to global supply of, and demand for, minerals and materials is included in the report.

Removing Manganese from Mine Discharge Water: USGS scientists have found an entire biological community, including bacteria, algae, fungi, and mosses, that can oxidize manganese and thereby naturally remove it from discharge water. Manganese in mine discharge water is a major problem for coal companies, and is regulated by the Office of Surface Mining and Reclamation Enforcement and state agencies. Natural processes, usually occurring in wetlands, are the preferred method of removing manganese, but success was limited until this new process was discovered.

Platinum Output Could Increase: A USGS-led study published in the March issue of the journal Post Soviet Geography and Economics reports that Russia has the potential to increase its production of platinum-group metals (PGM) by more than 40 percent in the next few years. The supply and price of PGM will play an increasing role in the global application of technologies to reduce atmospheric pollution. These metals are essential components of catalytic converters used to reduce pollution from automobile emissions and are also used as catalysts in fuel cells.

Mammoth Remains to be Excavated: A team of paleontologists and archeologists will unearth remains of a Columbian mammoth, an extinct creature similar to the modern-day elephant, discovered on public lands in southwest New Mexico. The expedition will include the Bureau of Land Management, New Mexico Museum of Natural History and Science, University of New Mexico and New Mexico State University. To date, two 8-foot tusks of the giant animal, which probably died between 12,000 and 20,000 years ago, have been excavated.

Lake Apopka Lab Results To Be Released: Within 2 weeks, FWS will release scientific documentation of the cause of death of more than 1,000 migratory birds, including endangered wood storks and bald eagles, that has occurred near Lake Apopka in central Florida since 1999. Laboratory analysis of the birds' death reveals the cause of mortality to be organochlorine poisoning, principally the chemicals Toxaphene, Dieldrin, and DDT, banned for use in the '70s. FWS and the Department of Justice are conducting a joint criminal investigation into this matter.

Satellite Imagery Enhances Native American Curriculum: USGS satellite imagery and aerial photography will be used by Native American students at the Native American Agriscience Research and Development Center, in Santa Fe, New Mexico, to study the past and the present impacts of the Cochiti Dam on their cultures and economies. The satellite images and aerial photos provide an overview, historical perspective, and foundation for curriculum development, that combine Native American tradition and USGS technology.

Massive Sunspot May Lead To Geomagnetic Storms: The sun has developed the largest sunspot seen in 10 years according to images from SOHO, a satellite that monitors the sun. While geomagnetic storms give rise to the beautiful Northern lights, they can also pose a serious threat for commercial and military satellite operators, power companies, and astronauts.

Regulations and Litigation

Regulations Review: The Department reviewed six regulations and policy documents, under the guidance of Chief of Staff Andrew Card's memorandum of January 20. The topics of the regulations include: drainage related to oil and gas leasing on areas under the control of the BLM; boating infrastructure grants by the FWS; policies on biological integrity and diversity in national refuges; the operation of snowmobiles in Grand Teton and Yellowstone National Parks and John D. Rockefeller, Jr., National Parkway; policies relating to taking lands into trust by the BIA; and policies governing financial processes (insurance) by the BIA.

• Oil and Gas Leasing - Drainage: The Bureau of Land Management issued final regulations governing the duty of lessees to protect the Federal Government from drainage, and the resulting loss of royalties, associated with the development of adjacent oil and gas wells. Under the law of capture, and the terms of Federal leases, lessees are responsible for diligently drilling wells on their leases to ensure that adjacent wells do not drain away oil and gas reserves underlying federal lands. The new regulations implement this requirement and clarify when a lessee has notice that drainage is occurring. The new regulations also establish certain environmental requirements. The rule did not include provisions from the proposed rule holding lessees jointly and severely liable for drainage protection and invited additional public comment on these provisions.
• Boating Infrastructure Grant Program: This rule implements the grant and survey program authorized by Section 7404 of the Sport Fishing and Boating Safety Act of 1998. Through this program, the Fish and Wildlife Service will provide funds to states to install or upgrade tie up facilities for transient recreational boats 26 feet or more in length. This rule will take effect on April 21.
• Policy on Biological Integrity and Diversity in Refuges: FWS invited additional public comment on several draft policies that provide guidance on public recreation and educational activities and conserving wilderness on the nearly-94-million-acre National Wildlife Refuge System. The new deadline for comment on draft policies for: Appropriate Refuge Uses; Wilderness Stewardship; National Wildlife Refuge System Mission, Goals, and Purposes; and seven wildlife- dependent recreational use chapters was April 19.
• Snowmobile Rules for Grand Teton, Yellowstone National Park, and John D. Rockefeller, Jr., National Parkway: These rules were published on January 22, 2001, and will become effective on April 22. The rules phase out recreational snowmobile use in these areas. The Department of the Interior has been sued by the State of Wyoming, the International Snowmobile Manufacturers' Association and others regarding the adequacy and integrity of the process used to develop these rules. The Department of the Interior is negotiating a settlement of the litigation. Any settlement the Department of the Interior agrees to will: a) protect the resources and values of these Parks; b) allow the recently promulgated rule to take effect; c) ensure that any additional environmental analysis provides a greater opportunity for public comment and a more thorough examination of alternative approaches to eliminating any impairment of Park resources and values; and d) require the snowmobile manufacturers to share significant technical information regarding snowmobile engines and technology.
• Lands Into Trust: This rulemaking revises and clarifies the procedures used by Indian tribes and individuals to request the Secretary of the Interior to acquire title to land into trust on their behalf. It describes the criteria that the Secretary will use in determining whether to exercise her authority to accept title to land to be held in trust for the benefit of Indian tribes and individuals, describes the procedure for acquisitions of title, and establishes a process to address the difficulties encountered by Indian tribes that have no reservation, have no trust land nor have trust land the character of which renders it incapable of being developed. The effective date of this rule has been extended for 120 days in order to invite additional public comment.
• Native American Loan Guaranty, Insurance, and Interest Subsidy Program: This rule revises and updates the existing regulation governing the program in an effort to make it more attractive to conventional lenders. The program authorizes the Secretary to guaranty loans made by private lenders to individual Native Americans and to Native American organizations. This rule became effective on April 17.

Indian Trust Reform: The Indian Trust Reform regulations, which the Department had under review, went into effect on March 23 as scheduled. Among other things, the regulations update and streamline procedures for managing tribal and individual Indian monies held by the government and streamline procedures for agricultural leasing and grazing permits on tribal lands.

Part 3809 (Hard Rock Mining) Regulations: The Bureau of Land Management proposed to suspend the current hardrock mining regulations that became effective on January 20, 2001. The regulations govern the management of "hardrock" (e.g., gold, silver, copper, lead, zinc, uranium, and molybdenum) mining operations on public lands. The suspension allows the Bureau to evaluate the policy, legal, and practical concerns that have been raised by the states, by the officials who would be responsible for implementing the regulations, and by the regulated community. BLM has solicited comments on the new regulations. BLM will review these comments, as well as the existing rulemaking record and the specific recommendations of the National Research Council, before it decides how best to regulate hardrock mining on public lands. In the interim, the new regulations will remain in effect.

Nebraska vs. Wyoming Lawsuit Settled: The States of Wyoming and Nebraska have approved a settlement of the longstanding conflict between the two States over allocation of water in the North Platte River, culminating 16 years of litigation. Public briefings on the settlement were scheduled for late March and early April. Four conservation groups and water and power interests, recognized as "friends of the court," were to have until mid-April to report to a Supreme Court Special Master, after which he will recommend to the Supreme Court whether to accept the settlement.

Trust Reform Assessment (Cobell, et al. v. Secretary of the Interior, et al.): The Secretary has directed key staff to assess the steps that can be adopted-together with elements of trust reform already under development or implementation-to ensure that the interests of Indian trust beneficiaries are appropriately served by the United States as trustee. Also, the Secretary has directed that any actions taken by the Department be consistent with the opinion of the Court of Appeals for the D.C. Circuit in Cobell, et al. v. Secretary of the Interior, et al. That case was filed by a group of plaintiffs against the Department in 1996 alleging that the United States breached its fiduciary duty to Indian trust beneficiaries and seeking a full accounting of assets. The Court of Appeals concluded in the Cobell case that the Department has failed to meet its fiduciary responsibilities for several decades. The Cobell decision will require the Departments of the Interior and Treasury to accurately account for monies held in trust for the benefit of the Indian plaintiffs and the Department of the Interior to implement systemic trust reform.

Personnel

The Secretary is devoting considerable time and effort to assembling a top flight team of experienced professionals dedicated to public land and national resource management. To date, this search has resulted in the selection of five individuals to fill key Department positions.

The President has announced his intention to nominate the following:

• J. Steven Griles to be Deputy Secretary. Steve brings to this critically important position a 30-year professional record of service in state government, senior level service at the Department of the Interior and nationally recognized work in the private sector. Steve has earned a reputation for developing creative solutions to the complex issues facing governmental policymakers, the Congress, environmental organizations and industry. His leadership, management skills, and his dedication to excellence, will make Steve an outstanding Deputy Secretary.

• William Gerry Myers, III, to be Solicitor. Bill is an accomplished lawyer with strong academic credentials, who brings nearly 20 years of experience in public land and natural resource issues to this critical position. His extensive legislative and regulatory background coupled with his experience as a practicing attorney will make him an invaluable asset as the Department's Solicitor.

• Patricia Lynn Scarlett to be Assistant Secretary for Policy, Management and Budget. Lynn's years of solid experience have given her an exciting and creative perspective on the role of government in America and how government and the private sector can work well together. Her practical, common-sense approach to regulations and policy, as well as her appreciation for political concerns, will provide a solid basis for a productive relationship with Congress and the public.

• Bennett W. Raley to be Assistant Secretary for Water and Science. Bennett's extensive experience with resource, environmental, water and endangered species issues gives him understanding of the scientific arena that will be especially useful in this new capacity. His ability to form collaborative partnerships and reach compatible solutions to complex resource and environmental problems supports the goals of President Bush and Interior Secretary Norton.

• Neal McCaleb as Assistant Secretary for Indian Affairs. A member of the Chickasaw Nation, Neal has an ability to facilitate dialogue among factions, having served the Indian Community in a series of sensitive assignments for over 30 years. His business experience coupled with his experience with the Oklahoma State Legislature gives him a sensitivity to the concerns of state and local governments and to Congress. Neal's decisive and yet collaborative style will enhance Indian programs and the Department's relationships with Indian tribes across the country.

Fact Finding

About 90% of Interior employees work outside the Washington, D.C., area. Secretary Norton has made meeting with Interior employees and seeing their projects first hand a main priority. In her first 100 days:

• To demonstrate the importance she placed on being ready for the upcoming fire season, Secretary Norton's first official trip, on March 2, 2001, was to the National Interagency Fire Center in Boise, Idaho. She toured the facility, met employees and chaired a working session with fire directors on preparing for the upcoming fire season.

"I am looking forward to this trip to learn first hand the state of our readiness for the upcoming fire season. Our focus is to ensure that we are prepared to meet the challenges of protecting communities and landscapes from the wrath of wildland fires."

- Secretary Norton

• Because next year marks the 200^th anniversary of the Lewis and Clark expedition and the Interior Department will be the lead agency in coordinating anniversary activities, Secretary Norton attended the Lewis and Clark Bicentennial Readiness Forum at Fort Clatsop, in Oregon. The Lewis and Clark Expedition spent a winter before returning eastward on what is now a National Park Service historical site. Secretary Norton met with park officials, local leaders and tribal officials and discussed plans to celebrate the Lewis and Clark Expedition.

"We are in the early stages of the planning for this historic commemoration. I could not imagine a more spectacular and fitting setting for this forum than Fort Clatsop. The planning for the bicentennial also highlights what we can do to preserve wild and wonderful places while helping to preserve America's prosperity."


- Secretary Norton

• To emphasize the point that offshore drilling and exploration must be environmentally responsible and safety conscious, Secretary Norton traveled to Houston, Texas, to present awards to OCS contractors who had exemplary environmental and safety records.

"We have to shine a giant spotlight on the programs produced by today's nominees. We must make their accomplishments common in every segment of the energy industry. From the tundra to the tropics, we must build on new technologies to ensure our national treasures are safe. Over time, these technologies and programs will earn the respect and trust of those in doubt. Therefore, to protect the industry and our environment, we must join together and maintain high standards. I ask for your help to enforce aggressively our safety and pollution prevention requirements."


- Secretary Norton
• Because the decision to explore and drill for oil in the Alaska National Wildlife Refuge will be a key decision made by Congress and the President, Secretary Norton toured ANWR with a birpartisan delegation of Senators. During the trip, the windchill in Alaska was 82 degrees below zero.

"I am here to see first hand the environmental challenges we face. I'm here to learn how we can best meet our responsibility to manage our public lands for energy development and environmental protection . . .I want to see ANWR up close, and better grasp how ANWR is the size of South Carolina and the actual proposed drilling site is about the size of an airport. I want to see first hand the ice roads used to protect the permafrost and environment . . . If Congress acts to open up ANWR, I'm committed to working with Alaskans, the Tribes, the oil and gas industry, the environmental community, and others to explore and develop oil and gas in an environmentally safe way."


- Secretary Norton

• Secretary Norton traveled to Big Sur, California, to participate in the release of five California Condors. Secretary Norton, as an Associate Solicitor at the Interior Department during the mid-1980s, advocated a program that resulted in the capture of the last seven wild California condors for a captive breeding program. The California condor was on the absolute brink of extinction. As a result of the captive breeding program, there are now more than 160 California condors and the Secretary's recent release will raise the number of condors flying in the wild to more than 50.

"This is an exciting day. As an associate solicitor at the Interior Department, I played a part in the battle to take the last California Condors out of the wild. Today I stand before you as just one of the many people who through the years have fought for the California Condor in courtrooms, in zoos, in the wilderness and in research laboratories. . . Saving the California Condor is a model of what we can do - and what we must do - to save our endangered wildlife."


- Secretary Norton

• Secretary Norton also traveled to San Francisco to announce that President Bush's budget proposed to invest $9.3 million in the historic C.A. Thayer Schooner. This 106-year old wooden hull vessel, kept afloat by bilge pumps working 24 hours a day, will be repaired as part of President Bush's commitment to eliminate the $2.2 billion facilities maintenance backlog plaguing our national parks. For more than eight years, the ship has been a maintenance priority even though 220,000 visitors explore the Thayer every year, including 12,000 school children.

"The C.A. Thayer is a vital, living cultural experience. More than 100 years ago, the Thayer was essential to this region's progress. She sailed the Pacific Coast, delivering lumber and other supplies to pioneers settling the West. But today, she is one of the 11 most endangered historic places in America. For too long, this historic landmark has been in danger. Today, I am happy to report, on behalf of President George W. Bush, help is on the way."


- Secretary Norton

• Secretary Norton helped dedicate a new public/private partnership that developed a heritage database at Ellis Island that allows families to find their historical information on the internet about when their ancestors arrived at the Island.

"The restoration of the Statue of Liberty, the transformation of the Ellis Island building into this incredible museum, and today's dedication of the American Family Immigration History Center are the result of an unprecedented partnership between the public and private sectors. It's a partnership so successful and so extraordinary, that it's a model for others. If we can capture this enthusiasm, and incorporate it into other projects in our park system and other untold opportunities throughout America - imagine what other celebrations we might enjoy."


- Secretary Norton

• Secretary Norton toured Philadelphia's Independence National Historical Park for a first-hand look at the long list of backlogged repairs needed to protect and save one of America's greatest historical treasures.

"The place where great men once walked needs our help. I'm happy to report, on behalf of President George W. Bush, help is on the way."


- Secretary Norton

Congress

In the first 100 days, Secretary Norton testified before Congress on four occasions. Her first hearing, on February 28, was before the Senate Indian Affairs Committee where she presented the Administration's vision for Native American relations. The other three hearings were presentations of the President's 2002 budget for the House and Senate Appropriations Subcommittees (Interior and Energy/Water) on March 24, 25 and 26. She is expected to testify at two oversight hearings for the Department of the Interior in the first week of May, one in the Senate Energy Committee and one in the House Resources Committee.

The Department - through other Interior officials - has also testified in 31 additional Congressional hearings. While several of these were budget-related, officials also testified on the National Fire Plan; various individual and general National Park issues; and electricity supply and access to energy resources. The following are the number of DOI bureau appearances before Congress since January 20:

National Park Service8Bureau of Land Management8Fish and Wildlife Service4U.S. Geological Survey4Bureau of Indian Affairs3Bureau of Reclamation3Office of the Special Trustee2Minerals Management Service1

During the same time period, the Department has received 170 legislative referrals either directly from Congress or from other agencies via the Office of Management and Budget. Of the 170 referrals, the Department has returned official comments to OMB on 66 legislative proposals (the remainder are within the Department awaiting Congressional activity that would prompt OMB clearance).



U.S. Department of the Interior