[House Hearing, 115 Congress] [From the U.S. Government Publishing Office] INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS FOR 2019 _______________________________________________________________________ HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION ______ SUBCOMMITTEE ON INTERIOR, ENVIRONMENT, AND RELATED AGENCIES KEN CALVERT, California, Chairman MICHAEL K. SIMPSON, Idaho BETTY McCOLLUM, Minnesota TOM COLE, Oklahoma CHELLIE PINGREE, Maine DAVID P. JOYCE, Ohio DEREK KILMER, Washington CHRIS STEWART, Utah MARCY KAPTUR, Ohio MARK E. AMODEI, Nevada EVAN H. JENKINS, West Virginia NOTE: Under committee rules, Mr. Frelinghuysen, as chairman of the full committee, and Mrs. Lowey, as ranking minority member of the full committee, are authorized to sit as members of all subcommittees. Dave LesStrang, Darren Benjamin, Betsy Bina, Jaclyn Kilroy, and Kristin Richmond Subcommittee Staff ____ PART 6 Page Department of the Interior............ 1 Smithsonian Institution............... 149 Indian Health Service................. 181 Environmental Protection Agency....... 243 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] ___________ Printed for the use of the Committee on Appropriations ____________ U.S. GOVERNMENT PUBLISHING OFFICE 30-666 WASHINGTON : 2018 COMMITTEE ON APPROPRIATIONS ---------- RODNEY P. FRELINGHUYSEN, New Jersey, Chairman HAROLD ROGERS, Kentucky \1\ NITA M. LOWEY, New York ROBERT B. ADERHOLT, Alabama MARCY KAPTUR, Ohio KAY GRANGER, Texas PETER J. VISCLOSKY, Indiana MICHAEL K. SIMPSON, Idaho JOSE E. SERRANO, New York JOHN ABNEY CULBERSON, Texas ROSA L. DeLAURO, Connecticut JOHN R. CARTER, Texas DAVID E. PRICE, North Carolina KEN CALVERT, California LUCILLE ROYBAL-ALLARD, California TOM COLE, Oklahoma SANFORD D. BISHOP, Jr., Georgia MARIO DIAZ-BALART, Florida BARBARA LEE, California CHARLES W. DENT, Pennsylvania BETTY McCOLLUM, Minnesota TOM GRAVES, Georgia TIM RYAN, Ohio KEVIN YODER, Kansas C. A. DUTCH RUPPERSBERGER, Maryland STEVE WOMACK, Arkansas DEBBIE WASSERMAN SCHULTZ, Florida JEFF FORTENBERRY, Nebraska HENRY CUELLAR, Texas THOMAS J. ROONEY, Florida CHELLIE PINGREE, Maine CHARLES J. FLEISCHMANN, Tennessee MIKE QUIGLEY, Illinois JAIME HERRERA BEUTLER, Washington DEREK KILMER, Washington DAVID P. JOYCE, Ohio MATT CARTWRIGHT, Pennsylvania DAVID G. VALADAO, California GRACE MENG, New York ANDY HARRIS, Maryland MARK POCAN, Wisconsin MARTHA ROBY, Alabama KATHERINE M. CLARK, Massachusetts MARK E. AMODEI, Nevada PETE AGUILAR, California CHRIS STEWART, Utah DAVID YOUNG, Iowa EVAN H. JENKINS, West Virginia STEVEN M. PALAZZO, Mississippi DAN NEWHOUSE, Washington JOHN R. MOOLENAAR, Michigan SCOTT TAYLOR, Virginia ---------- \1\}Chairman Emeritus Nancy Fox, Clerk and Staff Director (ii) INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS FOR 2019 ---------- Wednesday, April 11, 2018. DEPARTMENT OF THE INTERIOR WITNESSES HON. RYAN ZINKE, SECRETARY OF DEPARTMENT OF THE INTERIOR OLIVIA BARTON FERRITER, DEPUTY ASSISTANT SECRETARY, BUDGET, FINANCE, PERFORMANCE, AND ACQUISITION, DEPARTMENT OF THE INTERIOR DENISE A. FLANAGAN, DIRECTOR, OFFICE OF BUDGET, DEPARTMENT OF THE INTERIOR Opening Remarks of Chairman Calvert Mr. Calvert. The committee will come to order. Before we begin, I want to take a moment and announce that yesterday the Metropolitan Water District of Southern California voted to provide additional funds to build the Cal WaterFix, which I know you are aware of, Mr. Secretary. It is a big deal. I am happy that the project is moving forward. Providing consistent water supply to the people of Southern California has been a long-term goal of mine, and I know a lot of people feel the same way. So, we are making progress. Now on to the business of the day. This morning, I would like to welcome to the subcommittee the 52d Secretary of the Interior, Ryan Zinke. Joining the Secretary this morning is Olivia Ferriter, the Deputy Assistant Secretary for Budget, Finance, Performance, and Acquisition, as well as Denise Flanagan, Director, Office of Budget. Our hearing today will address the fiscal year 2019 budget priorities for the Department of the Interior. We look forward to you outlining your goals for the Department and discussing a variety of important issues with us this morning. We are very pleased to have recently completed work on the fiscal year 2018 budget. The Interior division of the omnibus made tremendous strides by providing over $500 million to address longstanding deferred maintenance needs across the Department's various bureaus. Within Indian Country, we provided funding to increase school construction, law enforcement, road maintenance, and water settlements. We allocate an additional $255 million to the National Park Service, with an emphasis on park operations and deferred maintenance. Also, we provided $530 million to fully fund the Payments in Lieu of Taxes, the so-called PILT program. But, as you know, Mr. Secretary, last year's challenges remain this year's challenges. As we approach the fiscal year 2019 budget, we will continue addressing the maintenance backlog in our national parks, across the various Interior bureaus, meeting our legal and moral obligations throughout Indian Country, funding PILT, and numerous other challenges. This subcommittee remains committed to working with the Department to seek solutions to these and many other issues. Overall, the President's fiscal year 2019 budget request provides $10.6 billion in discretionary funding for the Department of the Interior programs under this subcommittee's jurisdiction, which is $2.4 billion below the fiscal year 2018 enacted level. In fiscal year 2018, Congress clearly had some priorities that were not included in your budget request, and I suspect that may be the case again this year. In bipartisan fashion under both Republican and Democratic Chairmen, this subcommittee has made a concerted effort to address the greatest needs throughout Indian Country. Education, healthcare, and law enforcement issues continue to be nonpartisan subcommittee priorities, particularly those that are on the GAO high-risk list. We welcome your active involvement working with us and our American Indian and Alaskan Native brothers and sisters. Another challenge facing the Department and the subcommittee is the Endangered Species Act. The ESA is a well- intended statute to save numerous species from extinction, but actually recovering and delisting species remain a challenge and an increasing source of frustration for States and many local communities. This frustration is demonstrated in many ways, including the number of ESA riders which we have had on our appropriation bills in recent years. The path forward is through partnerships in the field rather than as adversaries in courtrooms and hearing rooms. The subcommittee has heard from States and nongovernmental partners that are willing and able to take on larger roles under the ESA when the Federal Government treats them as equal partners. Flexibilities already inherent in the ESA make these partnerships possible, and the subcommittee is working on a bipartisan basis to foster more of them. We appreciate the Fish and Wildlife Service's willingness to change from within, but we also need your continued leadership. We need conservation without conflict. I am glad to see that the USGS budget includes full funding for Landsat 9 and proposes funding for domestic and critical minerals inventory. However, again, it proposes to eliminate the earthquake warning system despite the fact that the West Coast, and my home State of California, are counting on the survey to develop this technology. It is safe to say that this subcommittee won't agree to eliminate this program. Instead, I hope you will work with us to ensure that fiscal year 2018 funding is spent effectively and appropriately and that you will provide the subcommittee with the data we need to make informed decisions for fiscal year 2019. Lastly, we look forward to hearing the latest on your proposal to reorganize the Department under a framework of common regional boundaries across the Department bureaus. I applaud your effort to identify efficiencies and reduce redundancies. I also want to stress the importance of seeking input from many stakeholders at the Federal, State, tribal, and local level and even Members of Congress who are affected by such changes. In closing, again this year I want to express my appreciation to your outstanding professional staff. Our subcommittee couldn't do its work without your budget shop, the various bureaus, and the talented people sitting next to you and behind you. Thanks to each of you for all that you do. And, with that, I am happy to yield to the gentlelady from Minnesota, Ms. McCollum, for any opening remarks she would like to make. Opening Remarks of Ms. McCollum Ms. McCollum. Thank you, Mr. Chairman. Secretary Zinke, thank you for being with us this morning. We are here to discuss President Trump's second budget. Two months ago, Congress passed a bipartisan budget agreement to increase nondefense discretionary spending for 2 years. Three weeks ago, the fiscal year 2018 omnibus bill was enacted into law with both Democratic and Republican votes. This omnibus sent a clear message that Congress rejects President Trump's reckless proposals, which would exploit our natural resources, starve our Federal agencies of the funding they need to meet their critical missions, and jeopardize a legacy we would leave for future generations. The proposed reduction of $2.5 billion for Interior is staggering. To me, it indicates a deliberate disregard for that agreement. It is disappointing but not surprising that worthwhile investments that we made across the bureaus, including the highest funding levels in years to address the maintenance backlogs in our national parks and other Federal lands, are being undone. President Trump's first year in office has been remarkably damaging to our environment, public health, and natural resources, and today we will discuss some of those damaging policies. The national monuments review has proven to be a sham, with preconceptions that benefit the fossil fuel industry. Last year, you said, and I quote, ``Bears Ears really isn't about oil and gas.'' Investigative reporting by The New York Times has found gaining access to oil, natural gas, and uranium reserves played a central role in shrinking Bears Ears by nearly 85 percent. Your staff also developed projections on coal deposits to justify reducing the Grand Staircase monument by 47 percent. The pristine and diverse ecosystems protected in the Arctic National Wildlife Refuge is threatened by a relentless and hasty pushing for drilling. This irresponsible proposal was pushed through in the Republican tax scam--yet another one of the bill's giveaways to big corporations and billionaires. And even the tax bill explodes the Federal deficit by nearly $2 trillion. The revenue claimed from drilling in ANWR is totally unsupported by the data. The reckless push to mine and drill in our public lands is also hitting my home State, where sulfide ore mining poses a critical risk to the Voyageurs National Park and the Boundary Waters Wilderness Canoe Area. Officials in the Interior Department recently renewed grants to a Chilean mining company as a nondiscretionary right to renew two mining leases on the doorsteps of the country's most visited national wilderness. I am not even going to get into your flawed rollout of the 5-year offshore leasing plan and how you promised to remove areas before the comment period was even over. Although the outcry on these policies has been great, the harm done by the Trump administration extends beyond drilling and mining issues. It has impacted the integrity of science, access to our parks, and now threatens to disrupt the entire Interior Department as you propose to create a new organizational model with no foundational analysis. The Department's science programs provide data and tools to inform sound science in making decisions to address complex challenges such as drought, natural disasters, and climate change. Scientific integrity is essential to ensure that there is no bias or preconceived agenda in the information issued by the Department. And I am particularly concerned that senior leadership at the Department requested the U.S. Geological Survey to violate its policies regarding USGS data. Furthermore, the Center for Investigative Reporting found the National Park Service deleted every mention of climate change from drafts and the long-awaited report on sea-level rise and storm surge. These findings contradict your March testimony before the Senate Energy and Natural Resources Committee in which you stated there were no instances when DOI changed even a comma in a report. You even challenged any member to find an altered document, and now we have that proof. This clear interference of political leadership is forcing employees to violate their scientific integrity policies, and it must stop. I am very disappointed in the way that you rolled out your proposal to dramatically increase the fees at the 17 national parks with little analysis or consideration of public access. Tens of thousands of Americans voiced their opposition through public comment periods, and, thankfully, so far, sir, you have listened. You have stated that you want to reorganize the Department for the next 100 years and are proposing 13 new regions. But I have serious concerns, and I have asked to talk to you about this numerous times. You are not able to share any analysis on the effects of the proposal. You have had no formal public input. You have not solicited comments from other agencies. And you have not conducted meaningful tribal consultation. I have heard this directly from the tribes. Mr. Secretary, you must do better. The department that serves the American public, that tells the story of America, should reflect America's diversity and should never marginalize minorities. In June, when you reassigned 33 career senior executives, almost half of them were minorities, 40 percent were women, 30 percent were Native Americans. This apparent discrimination is wrong. Mr. Secretary, your task is to protect, preserve, and use resources wisely for the benefit of the American people today and for future generations, and right now I personally do not feel you are living up to that mission. For the record, I want to be clear: There is a place for responsible resource development on our public lands. But it must be balanced, and it must be sustainable. I find it alarming that this administration continues to prioritize energy dominance and profits for the fossil fuel industry over the protection of our national treasures, conservation of our natural habitat, and our responsibilities to the American people. This budget is unacceptable. But, Mr. Chairman, I am pledging to work with you to ensure that the Department of the Interior has the necessary funding so that all Americans can continue to enter into our natural lands and our cultural resources for today and for future generations. Thank you, Mr. Chairman. Mr. Calvert. Thank you, and I appreciate your testimony. And next we are joined today by our distinguished chairman of the full committee, Chairman Frelinghuysen, and thank him for taking the time to contribute to this important conversation. Opening Remarks of Chairman Frelinghuysen The Chairman. Well, thank you. Mr. Calvert. Mr. Chairman, you are welcome. The Chairman. Thank you, Mr. Chairman, for the time. I want to thank you and Mrs. Lowey on my behalf for your leadership of this important committee. And, of course, I also welcome our Secretary of the Interior, Ryan Zinke, a former Member and colleague, back. We welcome your testimony and hearing your frank and candid views on many issues. As I say at every meeting, the power of the purse resides here on the Hill. We have done, through your leadership, Mr. Chairman, and Ms. McCollum's, good work for the 2018 budget. As well, we can anticipate the same type of devotion of you and your staff and your committee towards the 2019 product. When I travel across the 11th Congressional District in New Jersey, the Department of the Interior's strong presence cannot be missed. We have two national historic parks--actually, the oldest in the country, established in my hometown in 1933, called the Morristown National Historical Park. We also have the Thomas Edison National Historical Park in West Orange. Additionally, we have the National Wildlife Refuge System's Great Swamp Wildlife Refuge, which--let this fact be known--was established by my father when he was a Member of Congress. There is no conflict in our neck of the woods about the job that the Department of the Interior is doing. There may be conflict in the West, but in our neck of the woods, Mr. Secretary, we hold the people who work for the Department of the Interior in high regard. I just want you to know that. And may I say, I am concerned that there are cuts across the Park Service and particularly in the area of Fish and Wildlife. I, personally, will be taking a very close look at that. Hopefully, the committee will as well. Lastly, I would say, apropos of some of the remarks that have been given, New Jersey has a shoreline of about 127 miles. All members of our congressional delegation have opposed, historically, for the last 20 or 30 years, offshore drilling. I understand the administration may have contrary views, but I hope that in the coming weeks and perhaps with the benefit of your testimony this morning that you recognize, obviously, the concerns that many of us have on the East Coast of the United States, that we don't want oil drilling in our neck of the woods. Mr. Chairman, I will yield back the balance of my time. Mr. Calvert. I thank the gentleman. I am also pleased to see the ranking member of the full committee, Mrs. Lowey, is here today. I am happy to yield the gentlelady her time. Opening Remarks of Mrs. Lowey Mrs. Lowey. Thank you, Mr. Chairman. I would like to thank Chairman Calvert and Ranking Member McCollum for holding this hearing. And I welcome Secretary Zinke before the subcommittee. Secretary Zinke, it has been a little over a year since you took your oath of office. Despite your testimony last year indicating a commitment to preserving America's public lands for generations to come, your actions have strayed from that promise. Under your leadership, the Department of the Interior has brushed off expressed opposition from Native Americans in order to reduce the size of two important national monuments, Bears Ears and Grand Staircase-Escalante; proposed drilling in the Arctic National Wildlife Refuge and in Atlantic waters; weakened protections for endangered species; proposed to significantly raise entrance fees at national parks, which I am thankful you are reconsidering; and worked to unravel environmental protections and important steps to combat climate change. If funding must be cut so severely that we jeopardize our environment, conservation efforts, and the accessibility of our National Parks, some of our most precious resources, then I expect that the same would be true of your travel arrangements and the accoutrements in which you surround yourself. Doors costing $139,000, about which you did not notify this committee, in contravention of section 710 of the Financial Services and General Government Appropriations bill, and extravagant trips have violated trust with this institution and with American taxpayers. I am disappointed that your budget reflects a continued adherence to your misguided priorities. For instance, some of your actions, like flying a flag when present at the Department or handing out commemorative coins with your name on them, indicate that perhaps your ego has gotten in the way of doing the business of the people. The fiscal year 2019 budget proposes a reduction of $2.5 billion to your department, a 19-percent reduction from the fiscal year 2018 omnibus. This second Trump administration budget would eliminate several programs of importance, such as the National Heritage Areas in your Interior budget as well as the National Endowments for the Arts and Humanities and the Woodrow Wilson Center. I certainly could go on to list the many aspects of your budget that value political agenda and mismanagement above the interest of the taxpayers, but my time is limited. With that, I look forward to your testimony. Mr. Calvert. I thank the gentlelady for her testimony. And, with that, Mr. Secretary, you may proceed with your opening statement. Opening Remarks of Secretary Zinke Secretary Zinke. Well, I thank you, Mr. Chairman, Ranking Members, even though the openings were false and misleading and blatantly untruthful. Having said that, thank you for the opportunity to testify in support of President Trump's fiscal year 2019 budget for Department of the Interior. With your permission, I would like to make my entire opening statement for the record. Mr. Calvert. Without objection. Secretary Zinke. The President has made it clear about his priorities and is keeping his promises to the American people. This budget supports one of those promises in a big way: rebuilding our infrastructure. It calls for the largest investment in public lands infrastructure in American history. And I will repeat that. It calls for the largest investment in public lands infrastructure in American history. Our public lands, we agree, are our greatest treasures. They have suffered serious neglect over the years, and Interior's deferred maintenance backlog is $16 billion. And $11.6 billion of that belongs in the National Park Service, and I can give you 11.6 billion reasons why Congress has not been able to fix it. The President's budget proposes legislation for a new Public Lands Infrastructure Fund to address the deferred maintenance problem. This legislation is our top priority. The Fund would provide up to $18 billion over 10 years for maintenance and improvements in our national parks, our national wildlife refuges, and Bureau of Indian Education- funded schools. It would be funded from energy revenues, all energy revenues, on public lands, similar to the Land and Conservation Fund. I repeat: all energy, across the board. I believe it is a fair proposition to say if you are going to gain wealth from energy development on public lands, the public lands should in fact be preserved and protected from those activities. In 2006, 330 million visitors to our parks spent an estimated $18.4 billion in local regions nationwide, supporting about 318,000 jobs. Clearly, recreation trends are up. All Americans should have the opportunity to enjoy our national parks, but we need to invest in our infrastructure to go along with our record-setting numbers. Quite frankly, many of our parks are being loved to death. The Public Lands Infrastructure Fund would also support 150 Bureau of Education schools in 23 States, where the school maintenance backlog is about $634 million. Some 48,000 American Indian students and their families rely on the Interior to deliver a quality education in a safe work environment, but our schools are notoriously in poor condition. American Indian children deserve a world-class education too. This budget also presents the opportunity to reorganize the Department for the next 100 years. I look forward to going into that in some detail. The budget includes $18 million to shift resources to the field and establish unified regional boundaries for Interior's bureaus. In planning for this reorganization, we continue to take into account feedback from Congressional Members, Governors, and Interior employees, conservation groups, and all stakeholders. We are basing these new boundaries on science, to include such things as watersheds, wildlife corridors, ecosystems, so we can better manage our public lands and waters in a more coordinated way based on the American conservation ethic of best science, best practice, greatest good, longest term. This budget also recognizes American strength relies on American energy. Under President Trump, we are pursuing energy dominance. Today, I am happy to report this country is producing about 10.6 million barrels a day. First time in 60 years, we are a net exporter of liquid natural gas. We are soon to become the largest oil and natural gas producer in the world. This budget requests a $43 million increase for American energy development to continue our revenue growth from production. President Trump's tax cuts and smart regulation are helping to grow the economy and increase our energy portfolios so we can achieve American prosperity. Our total budget request for fiscal year 2019 is $11.7 billion. This budget clearly lays out the Administration's top priorities of strongly supporting the American people and rebuilding our infrastructure, fixing our schools, achieving energy dominance, and being fiscally responsible. I remind you that the budget deficit is about $1 trillion this year. With that, thank you for your continued support of the Department. I appreciate your hard work. And I appreciate a cordial and fruitful discussion with all members. [The statement of Secretary Zinke follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] REORGANIZATION Mr. Calvert. Well, I thank the gentleman for coming here today. We have a number of things that we would like to discuss. Last September, the Department unveiled a reorganization proposal that you mentioned in your opening testimony. You contemplated establishing common regional office boundaries across the Department of the Interior bureaus. As I understand it, your goal is to improve coordination and decisionmaking among the Department's bureaus. I applaud your efforts to identify efficiencies and reduce redundancies within the Department. I also want to stress the importance of seeking input and providing feedback from those that are potentially affected. People would like to hear from you about all of this, both from the Federal, State, tribal, and local level, as this moves forward. Can you update the subcommittee on the present status of your efforts to reorganize the Department? And what specific goals or outcomes are you seeking to achieve? Secretary Zinke. Well, thank you. Imagine an Interior Department organization that hasn't been reorganized in 150 years. Welcome to Interior. Let me explain one of the problems. Let's say you have a trout and a salmon in the same stream. Let's say upstream you have a dam, downstream you have irrigation, and if that stream passes by a U.S. Forest Service holding. At present, this is how we are managing it: The salmon are managed by Department of Commerce through NMFS. The trout are managed by the Fish and Wildlife Service. Upstream, water temperature and flow is often the Army Corps of Engineers, although it sometimes can be Bureau of Reclamation, depending on the dam. Downstream, irrigation is generally Bureau of Reclamation. When it passes a Forest Service holding, the surface is Department of Agriculture through U.S. Forest Service. Subsurface is BLM through me. Same stream, same activity. You can have multiple biological opinions produced by different bureaus with different missions, independently produced, and two or three of them are going to be in conflict. The chart you have is presently how Interior is managed. Looking at that, I challenge you to figure out how Interior can get things done currently. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Secretary Zinke. So this is what we did. We asked USGS to strip current boundaries and go by science to look at things like watersheds, wildlife corridors, and holdings, based on science. They had about 13 different variables. Then we took the pure science and we brought in our senior SES, our senior civil career professionals, and they murder-boarded it, and they made recommendations. Even though I didn't agree with every recommendation, I took every recommendation, and we came with--next slide, please--we came up with unified boundaries. There are 13. They are similar in some cases to State lines, but mostly they follow a watershed line. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Secretary Zinke. Within those new boundaries, they are unified so Fish and Wildlife and National Parks and Bureau of Reclamation can be in the same geographical units. Then we are focusing on three areas: recreation, NEPA, and permitting. It is our intent to do those jointly. Recreation is an $887 billion industry. And things like trail systems, bike systems should connect. We should have a system that is supporting and in harmony with recreation, rather than just doing it by isolated assets. Similarly, with permitting, you have to have all stakeholders at the table. And NEPA is similar. We need all stakeholders. So where we are in the process is we looked at our current problem, we identified that we needed to be more joint in these decisions. Then, on the basis of science, USGS developed the 13 regions. Then we had the SES review of that. We brought the Governors in. A Governors' concern was BLM. We decided we are going to keep the State directors for the BLM because that is an important relationship. I have talked to Simon Roosevelt and Gifford Pinchot III, and we are having a roundtable of conservationists take a look at it. We want to do it right, and we want to make sure we coordinate with you before we go forward on it. This is where we sit currently. It is 13 regions. Just trying to unify our regions. This is not a new idea. We fight forest fires jointly. Certainly the United States military overseas conducts its operations in a joint manner. There is no reason why Interior can't move to this model. CONSULTATION Mr. Calvert. Before I move on to the ranking member, is the Department engaged in any substantive consultation with Governors, tribes, and State and local officials affected by this reorganization? Secretary Zinke. We are. And the tribal nations, they are sovereign. We are beginning consultation, and whether or not they adopt this model is really up to them. I have always said that I believe the nations are sovereign, and it is a partnership, it is a relationship. I think it is to their advantage to join, especially in recreation, NEPA, and permitting. But we will enter a consultation, and whether or not BIA--which is unique in Interior, because BIA is the people department, unlike some of our other departments that manage lands or wildlife, the people department. It is yet undetermined whether or not they will be incorporated into that. Mr. Calvert. I want to make sure we get feedback from the tribes and other constituencies, especially the tribes, because I have heard from a few that feel that they are not part of the process. So I have your assurance that they will be and that you are going to stay in touch with them? Secretary Zinke. And, again, whether or not the BIA gets incorporated into this model will be up to the results of the consultations and the nations. Mr. Calvert. I am looking at this map real quick. The Navajo Tribe, for instance, moves over to several of these proposed basins. Those issues will make it more complex. But, with that, Ms. McCollum. REORGANIZATION Ms. McCollum. I do have some questions on reprogramming. I am just going to make a point to say that when we talked in December, I said I would like to have someone come in and brief me and talk to me about this. I have been available. And I guess maybe we can finally do it now that I have a map in my hand for the first time. But I just want to make one comment before I go to the question that I want to get to. Being from one of the Great Lakes States, knowing how the Governors from the Great Lakes work together and knowing how all the water districts work together up there and the tribes work together under the Great Lakes region, I am baffled a little bit by this draft map breaking up the Great Lakes the way it does. But we can get into that in more detail later. REPROGRAMMING I wanted to talk about direct spending and reprogramming. Congress has provided significant increases to the Department in the fiscal year 2018 bill. A statement that accompanies the bill provides direction on how the Department is supposed to spend the money. So I would like you to comment on the way that you are going to adhere to the directives in the explanatory statement. Will you ensure that appropriate programs receive the funding levels that had been congressionally directed? We have also included extensive direction about reprogramming requirements and stated our intention to include the bill language in fiscal year 2019. Are you familiar as of today of what these requirements are? And will you commit to working with the committee to develop language in order to avoid any barriers to implementation? Secretary Zinke. Well, you know, I follow the law. We had a conversation about a grant process. I have a stack of IG reports on my desk about grants. The intent of Congress should be followed on distribution of grants. But I also have an obligation to make sure, when the grants are given, that we follow up to ensure money was actually spent delivering on congressional intent, and we follow up on it. In a lot of cases, we have not followed up on grants. As well as, the grant process, there were some deep and very concerning conflicts of interest with how grants were awarded. I will share the IG reports on it. So we have changed the process. The other thing on grants, particularly with the climate- change grants we talked about, is they are not asking for the grants until we get funded. What we needed to do--and we have taken the process of pre-clearing those, so when they get funding, those grants can be actually executed. What was occurring is the grants were not being submitted to the headquarters until we had funding, and then all of a sudden, you know, the process--everything was being held up. We have reversed that trend. If they are pre-approved and in the priority of the congressional intent, then we should be able to get them out. It is not my job to dismantle congressional intent. It is my job to execute congressional intent. And if we have any questions, that is where a dialogue comes back and forth. MONUMENTS Also, I might mention about Bears Ears. I am a geologist. I can assure you oil and gas in Bears Ears was not part of my decision matrix. A geologist will tell you there is little, if any, oil and gas. There is no proposal that I have seen to mine uranium in the former area of Bears Ears. The geology is clear on that. TRAVEL I won't go into line by line of some of the other comments, but--I certainly can. I am willing to discuss anything with you. I can assure you, I follow the law. I look at best practices. I make sure every time we look at things--on my travel schedule, by the way, you will find--and the report is coming up--that I followed every law, regulation, procedure, policy across the board. Every time I travel, it is reviewed by career ethics officials and approved prior. It is approved and looked at by legal folks. The previous Secretary, for instance, on travel, took 80 trips, over $1 million. And Sally Jewell, whether she took commercial or charter planes to hike, you know what? She was approved to do that, because hiking in some of our areas is exactly what a Secretary should do. I took three trips for $17,000, and it was the only available transportation available--only transportation available to meet the schedule. I understand we live in a political environment, back and forth, but on every case I follow the exact policy, regulation, and procedure. Ms. McCollum. Mr. Chair, that was not my question. Is this counting against my time? Mr. Calvert. I will not count it against your time. Ms. McCollum. Thanks, Mr. Chairman. In fairness so everybody gets to ask a question, I hope we have a second round, because I would like to get more into a couple other issues. Thank you. Mr. Calvert. OK. Thank you. Mr. Amodei. Mr. Amodei. Thank you, Mr. Chairman. Mr. Secretary, first of all, I want to thank you for kind of acting as a life coach during a lonely 2 hours in the Salt Lake airport a few months ago when I expressed some frustration with the general state of affairs in my life--of course, not yours. But anyhow. So I want to publicly say thank you for helping a non-Navy guy out, for a former Army JAG. I appreciate that. And having said that, I also want to say thank you for being responsive in terms of hooking me up with Mr. Tanner. Although he is from Utah, he has been a very able guy, and I have enjoyed the exchange we have had. I have enjoyed the fact that I had a chance to visit with Ms. Combs in your office recently to talk about the reorganization stuff. REORGANIZATION And I heard you say again today, so I won't say anything else about it--I am happy to hear that we are talking about the importance of BLM State directors. And so we will leave it at that. You know, as I listen to the chairman of the whole committee talk about the importance of what is going on in New Jersey--and that is very important--and other parts around the Nation, I do feel an obligation to go, well, with all due respect, one of your bureaus, the Bureau of Land Management, owns the equivalent of about 25 or 30 New Jerseys in my State. And I say that to say that the mission of the Bureau in my State is phenomenally important because the jurisdiction that your folks have there is about seven times that of the Governor, the legislature, every county commission, and every city council. So those people are very, very important when we talk about multiple use and land management for basically everything they do in their mission except probably timber, although we do have trees in Nevada, and offshore issues because we don't have any coastline. BLM BUDGET So, having said that, I would like to ask for an opportunity, obviously not during this hearing, to get with Ms. Ferriter and talk about the need for--because we have done some work in terms of what staffing looked like a decade ago, what it looks like now, most of which was not during your tenure. But it is like, hey, it is important that, to the extent we have budgeted positions, to do things on the non-fire side of the house. And I am not a guy who says more money is the answer to everything, but it is like, if we need personnel to do the mission, then I think that is the statement. So I want to get a little deeper, obviously not in this hearing, into how that looks in terms of regular operations of the Bureau in Nevada. So how that looks with what we did with the Omni as a starting point, and then what we are talking about doing with this year's--although I know when it gets to the Senate that that is a different planet, and I will just leave that at that. But, having said that, I really want to sit down and go, hey, so how do we--so, quite frankly, if there are four real estate positions in western Nevada, that those are filled and that those people are doing their job. Nobody leave the room and said that I expect the Bureau to give everybody a yes or something like that, but we do expect realistic timeframes when you talk about fulfilling the mission. SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT ACT And I notice in your statement that you have a reference to SNPLMA and doing some stuff with some of those funds. And I will just join in the chairman's comments about another program that, while I am all for looking at everything, I am probably going to urge that the committee not to strip the SNPLMA funds out of the account because they are unobligated. And I know that will come as a shock to your staff and everything else. OFFICE OF THE SOLICITOR The final thing I would like to do is I would like to get together and speak with your appropriate folks, and maybe that is the Under Secretary, but, quite frankly, I have a concern about solicitor operations in my State. Because, quite frankly, the solicitor isn't in my State. And so, no offense to the chairman here, who lives in the Golden State, but you know what? Having a solicitor in Sacramento making decisions that affect Las Vegas, Elko, Winnemucca, that have to interpret Nevada water law, sometimes that kind of gets left out. And so, while I appreciate the value of legal advice, being a recovering lawyer myself, I just have a concern about, quite frankly, that there is a lot of district managers going, oh, the solicitor and whatever said this and so end of discussion. And then I end up calling up Mr. Steed or somebody else like that to say, hey, can we have somebody take a 360-degree look? So, with that, I will make it real hard on you. Do you have any objection to me borrowing Ms. Ferriter or discussing with your folks the solicitor stuff? And if you don't, I will yield back, Mr. Chairman. Mr. Calvert. I thank the gentleman--as a matter of fact, all three of you. Secretary Zinke. No, I don't have any objection to any member of this committee, both sides, you know, fully engaging the staff on issues. Up front, I don't know all the answers. I have really good people around me that work hard, and we will get there. But, as a former Member, I think it is important that we do have a dialogue. Even though we may agree or disagree, we shouldn't agree to disagree, and that we should be cordial and we should work for common goals. I don't think there is anyone on this committee that doesn't love public lands. I don't think there is anyone on this committee that doesn't want to see better management of public lands, long term, greatest good. With that, your comment was, just to answer real shortly, we are short in the field. Every time I go out, we are too short in the field, we are too long in the headquarters. The decisions, a lot of times, are made in D.C., which don't reflect local priorities. Asian carp, for instance, if you are in the Michigan watershed area, Asian carp is a big deal. So is zebra mussels. Not so much in D.C. REORGANIZATION Part of the idea about the reorganization is to go based on science and the watersheds as a baseline, wildlife corridors, and try to push those important decisions and the priority down within different regions so things like Asian carp can be addressed, as important as it is, within these new unified regions. When you had the fish and the trout scenario--and every bureau has different priorities and is structurally different. We need to get the stakeholders working jointly, I think, in the three areas--recreation, NEPA, and permitting--so we can make better positions sooner. Mr. Calvert. Thank you. Ms. Pingree. OFFSHORE DEVELOPMENT Ms. Pingree. Thank you, Mr. Chair. Thank you very much, Mr. Secretary, for being with us today. And in the spirit of friendliness, I think I mentioned to you once that my first visit to Montana was the Bob Marshall Wilderness. I went on a pack trip. And the thing that struck me was the similarities between our State, even though you have mountains and, where you are landlocked, we have oceans. I do think you bring a perspective of a rural State and some of the same concerns. I think we have a lot of similarities within our natural resource space and other issues. But I want to focus my question on the thing you don't have in Montana, which is offshore oil drilling. So I sent a letter, along with the Democrats on the committee--I am happy to give you another copy of it--and that was just to ask you to explain a little more about the process that we are going through to do this. We have had enormous concerns from our constituents about the possibilities of doing this. When you made the announcement, it seemed as though it was somewhat arbitrary, given how many States raised concerns. You heard the chair of Appropriations this morning on the Republican side talk about the concerns in New Jersey. Certainly we have had a decades-old ban on doing this, and there are good reasons for that. In my State, people think the science is clear, and they are very worried about the economic impact. Tourism is the largest industry in Maine, $5.6 billion, 71 percent of which comes from our coast. Fishing is a very important part of our culture, our history. Lobster fishing alone brings in $500 million. Our fishermen are up in arms about this possible idea and the potential damage that could be done with offshore oil drilling and any danger that comes with that. We are concerned about the process. We did have a visit from the Bureau of Ocean Energy Management to Maine. While many of my constituents had planned and hoped that they could speak in a public hearing--these were fishermen, these were small- business owners who wanted to come forward and say what was on their mind--the format was very different. I appreciate your department explaining that to me, but, really, it was more of a one-on-one. You could visit a booth, you could talk to somebody about it, but you really couldn't register your public complaint. I think this has been very upsetting to people in Maine. So I wanted to know a little more about this decisionmaking process. I know you have said at times we have a Governor who has been favorable towards this. He won't be the Governor, because of term limits, after the end of this year. And our legislature voted very strongly to oppose this. Our entire congressional delegation--Republicans, Democrats, and independents--are opposed to this. We were shocked to see that you would exempt Florida. Even though many Mainers spend their winter in Florida and we don't want them to have an oil spill either, the fact is that was kind of an arbitrary decision and very upsetting to most of the other Atlantic States. I am happy to pass along that letter to you, give you the resolution that our legislature passed in opposition. But can you tell me a little bit more about the process? Secretary Zinke. Absolutely. Ms. Pingree. And, frankly, why did you exempt Florida and not us? We deserve it more. Secretary Zinke. Florida is not exempt, because they are still going through the process. Let me explain what we did. If you go back to 2008, Interior made about $18 billion a year just in oil and gas. When I came in office, we made $2.6 billion. We dropped $15 billion in revenue a year. On scale, that would have covered our entire backlog of maintenance in the three primary areas. It was a decision of mine, rather than looking at 94 percent taken off, I said, let's do a zero-based budget and let's put everything on, and let's have a discussion as Americans and about priorities and the importance of oil and gas. Now, having said that, it is interesting that, clearly on the East Coast, what we are seeing--and I have talked to your Governor and Georgia's. Both of them are either favorable or neutral. The rest of the Governors are opposed. But also the oil and gas revenues--for instance, in Maine, there isn't any oil and gas, really, of significance. The only play, really, is called the mid-Atlantic. It starts in northern Georgia and kind of goes up to Virginia. It is some distance off the coast, as far as about 70 miles. We think it is a gas play. We don't really have a lot of geologic definity on it. What is also happening is there is no doubt drilling offshore is more risky than onshore. What we are seeing as a country is investments are moving onshore to the Permian because it is not as risky and, also, there is no infrastructure offshore. Unlike the Gulf Coast, there is no sub-sea infrastructure. Were we to begin an offshore oil and gas play on the East Coast, you would have to start from scratch. The other thing, States matter. The local voice matters, you matter, and the Governor matters. As we go through, we are shaping our plan to make sure we accommodate local voices. Fishermen matter. And fishermen aren't very happy about wind either. I just was up announcing some fairly large and significant wind leases off the coast. We want to make sure the stakeholders--and when we do our wind, for instance, same thing, is we want to make sure we design the fields so we don't negatively impact our fishing fleets. We are going through the process. I committed in Florida-- and Florida is different. They have a moratorium in place, a Federal moratorium, that prevents oil and gas activities. Looking at both parties, every Member and the Governor asked me for a meeting. I committed no new oil and gas platforms off the coast of Oregon. What was driving it is every Member, both sides, where the oil and gas resources are, asked for an immediate meeting. You would have thought that I would have been applauded by the Democrats on that side, but they-- somehow, they agreed with the policy, they didn't agree with how I did it. They are still going through the process. Again, it is not a rule; this is a plan. We are trying to get the first draft out in the fall. Again, in the State of Maine, most of the areas, A, you don't have resources off the coast; B, you don't have infrastructure in place; and, C, most of the districts along the coast and communities are not in favor of oil and gas, while most of them are in favor of wind, as long as they don't see it. So wind has to be over the horizon. There is less opposition to gas. But, quite frankly, we don't have the data, in particular. The last thing about seismic is seismic is also required for wind. Seismic is also, in some cases, required for going out and mining for sand, for reclamation. And mining the sand off the coast, which we do an enormous amount of mining, is far more destructive than any seismic. We have to be careful about saying we don't want science and the best possible technology to look at what is there. Same thing with wind, you have to make sure when you augur these platforms in that you are on stable ground, or, if you should mine, making sure we look at the environmental effects. That is where we are. We will get you the draft as soon as we get done. We are taking public comment. I think I know exactly where everyone sits, on both coasts. Ms. Pingree. Well, thank you for the followup. I certainly will look forward to seeing the draft. I think you, in fact, made a lot of good arguments about why Maine should be exempted. Perhaps you could commit to, after this next election cycle, if I am lucky enough to be here--and our State will have a different Governor. If we are all on the same page, maybe you can meet with us, we will have everyone aligned, and you can say, ``Oh, well, Maine shouldn't have it either,'' and just get this off the table sooner rather than later. Secretary Zinke. I am sure Maine is going to be very happy with the draft proposal. Ms. Pingree. Well, thank you. Mr. Calvert. Mr. Jenkins. Mr. Jenkins. Great. Thank you, Mr. Chairman. And good to see you, Mr. Secretary. Great to be part of your class of 2014, and you have done well. Appreciate you. A couple of quick questions. AML PILOT PROGRAM One, I just wanted to sensitize you to something that Chairman Calvert, Chairman Rogers, and I have been very involved with, and that is the AML pilot program. We, in the omni, re-upped for a third year of that. And I just wanted to share with you the positive things that are happening in West Virginia--I am sure Chairman Rogers could do the same from Kentucky--of how this program is working. This is taking previous AML properties, and using funds to make connections to economic development possibilities. Just the one, kind of, seed. When, at the State level, these AML projects are identified, approved, meet the criteria, they do go back up the food chain, get reviewed in Washington, and we still don't quite have the timeliness and turnaround that I think we ought to be able to achieve. So I would like to work with your AML folks, OSM office, to try to expedite. Because that was the intent, was to get these funds dispensed quickly and these projects out in the field. KING COAL HIGHWAY The second I would like your assistance on, and first with a compliment. King Coal Highway, my philosophy: As go the roads, so go the jobs. And the King Coal project, which was taking actively mined out property, leaving the roadbed, and then being able to come in at a significantly reduced amount of cost to the taxpayers, building roads. And this project has been held in abeyance for almost 10 years because of regulatory red tape. And thanks to President Trump, thanks to this administration cutting through the red tape, and, in particular, thank you to the EPA, we have been able to clear an important hurdle to get this project on the road to being constructed. But we still have a Fish and Wildlife Service issue that has cropped up. So really just wanted to plant the seed. Once again, thank you for the work that has been done. I think we are heading in the right direction. But we still have some bumps in the road, and we would like to work with you, your appropriate staff, to address these hurdles that still need to be cleared. I am really excited, the people of West Virginia are excited about the administration's very clear directive. We are going to cut through red tape, we are going to cut down burdensome regulations, we are going to get projects moving forward. And we have seen that already, but we just want to keep the foot on the pedal. And there are still some opportunities, I think, whether it be OSM and the AML pilot program or Fish and Wildlife relating to King Coal, and would like to work with your folks on that. Secretary Zinke. I am absolutely committed. I have some good news. Fish and Wildlife recently did finish a consulting on a segment in 2 days. That was light speed for government. But on the---- Mr. Jenkins. So we could have this by Thursday or Friday of this week? This is great. Secretary Zinke. But, some of it is structural, you know, on the fish and salmon, about a regulatory framework. The goal is to make sure we maintain accountability and oversight but make the decisions sooner, one way or another, yes or no, on projects. When you have multiple agencies and independently produced biological opinions, sequentially, that is why we are seeing a simple replacement of a bridge and sometimes it is 17 years. Mr. Jenkins. Yeah. Secretary Zinke. If we work together, we can do it better. Then we have to figure out a way to incorporate innovation into our regulatory framework. Because, a lot of times I think everyone's goal is to improve safety, reliability, accountability, environmental stewardship, but sometimes the government regulatory framework doesn't work, when new techniques, new science, new innovation will save time, cost. We have to look at being flexible enough on our regulatory framework to allow innovation into that framework so we can move smartly in a responsible manner. SUE AND SETTLE Mr. Jenkins. Just one final comment. When you mention the OIG, you referenced a stack of reports on your desk. Your staff shared a three-ring binder. A year ago before this committee and then subsequent discussions--and I just wanted to give you a quick minute, to the extent you are publicly willing, to address it. I wanted to thank you publicly, because I do believe we have, unfortunately, a past practice under Interior and the EPA, in particular, sue and settle; third-party groups that had maybe nudging from EPA and others to do certain things; taxpayer dollars being misused to drive an ideological agenda. And to the extent you are able to discuss today--and I am looking forward to looking at the OIG reports. With this year under your belt, I know you were committed to fettering out some of the abuses and the mistrust of the taxpayer dollars that has occurred in the prior administration. What has the OIG been able to find, and what are you able to share? Secretary Zinke. I would say there were three areas. There was sue and settle, which a regulation will be put in place. It would invite a lawsuit; the lawsuit would be settled, both monetary and then a regulatory fix, without going through the process of regulation. Compensatory mitigation, where, in order to get a permit, you would have to in some cases almost be extorted to do it. There is a case right down the road here about a power company that wanted to put a power line in. The Park Service opposed it. In order to get the permit, they had to deliver $90 million to a few 501(c)(3)s for the idea that somehow this power line, which--I did an aerial survey, I looked at it. The power line itself, yes, could be seen if you walked off the path and you went in a far little area. The power line crossed the Captain Smith Trail, which is on the James River. But, of course, the power line could be seen for a little bit of an area, but, then, so could the power plant itself and Busch Gardens and the Navy derelict fleet. In order to get the permit, they had to pay about $90 million. And no question that it upset people. GRANTS Then some of the grants. Grants has not just been the problem of the previous administration. It is a long-going problem that we didn't have proper procedures to make sure that conflict of interest wouldn't happen, that if your wife is a grantee, that there is a process. With the conservation community, there are lot of husbands and wives that work in that area. And that is fine. But if you do have a conflict of interest, like in the Congress, you should identify it and make sure you are not part of making that decision. We put processes in place to make sure that didn't happen, and I am confident we are going to get better. But we also need to make sure we exercise funds upon congressional intent. I don't want to hold funds. It is your decision as a Congress to fund. It is my decision to execute those funding lines. Mr. Jenkins. Thank you, Mr. Secretary. I yield back. Mr. Calvert. Thank you. Mr. Kilmer. Mr. Kilmer. Thank you, Chairman. And thanks, Mr. Secretary, for being with us. I have got three topics I am going to try to cover super fast. OFFSHORE DEVELOPMENT First, along the lines of what Ms. Pingree was asking about, I had a bunch of townhalls last week in my district. The issue of offshore drilling came up a bunch. I know you testified in front of Senator Cantwell's committee and you are keenly aware of the broad opposition to Washington State's inclusion in the plan. You know, obviously, we have got fisheries and shellfish growing and marine tourism and shipping, all of which are really fundamental to our economy and are largely incompatible with oil and gas development. We have a letter that is actually both bicameral and bipartisan outlining the concerns from our region. I have got a copy of it. And with the chair's and the ranking member's permission, I would love to submit it for the record. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Kilmer. I know that you told Senator Cantwell you were going to mark Washington State down as opposed to drilling. So I am hoping I can ask you today if you are prepared to announce that you will withdraw our State from consideration, as you have done with Florida. And, if not, given the near universal opposition to drilling off Washington's coast, what is preventing the Department from making that determination? Has anybody expressed an interest in drilling off of our coast? Secretary Zinke. Putting everything on, and if I would have left Florida off in the beginning it would have been arbitrary and capricious. Again, this is the plan and not the rule. Everyone is in the process. Washington. There are little or no resources of oil and gas off the coast of Oregon or Washington. There is no infrastructure to support an oil and gas industry off the coast of Oregon or Washington. There is, I would say, passionate opposition to do so. In the case of Washington with the coal terminals, Washington itself has enormous leverage as a State. I have talked to your Governor. But because Washington has the first, I think, 3 or 4 miles is State waters, Washington can restrict the Federal activity. If you were to drill off the coast of Washington, and if there were resources, which as a geologist I haven't seen any interest or resources there, you would somehow have to bring it to shore. Well, you would have to go through the State waters. Similarly, Massachusetts strenuously objected to a wind farm that was pretty close to the coastline. What they did is they revoked the ability for that wind farm's energy to get to shore through State waters. We will continue with the process. Our team went out there. I have talked to your Governor. I have talked to, I think, almost every Congressional Member, including your two Senators. I think I have a pretty good idea where Washington sits. Mr. Kilmer. Thank you. ELWHA WATER FACILITIES I want to ask you about an issue I brought up when you were here last year, and that is the settlement negotiations between the Park Service and the City of Port Angeles regarding the operation and maintenance of the Elwha Water Facilities. I know we have engaged with you a lot over the past year, and I am grateful for your attention to this issue and your staff's attention, particularly given the substantial economic consequences for the city if an agreement can't be reached. As you know, the committee included language in the fiscal year 2018 omnibus that directs the Park Service to report to the committee on how it intends to meet its obligations under the Elwha River Ecosystem and Fisheries Restoration Act prior to transferring any of those water facilities and basically urging the Park Service to work it out with the city by this June. This June is right around the corner. And so I would just like to ask for your continued partnership to ensure that the Park Service has the resources it needs to carry out this committee's direction and hopefully to resolve this issue in a way that works for the city. Secretary Zinke. My understanding is there are negotiations, although the two sides remain apart. You have my assurance I am going to get personally involved in it because I just want it settled. Mr. Kilmer. Thank you. We do, too. FISHERIES Secretary Zinke. Also in the State of Washington, fisheries are an enormous concern of mine. I think our fisheries have been allowed to deteriorate. I have talked to many of the tribes and they are concerned. We have to work together to make sure we rekindle our fisheries, particularly with salmon. There are some environmentalists we are going to have to work through, but it is hurting the economy of Washington and it is hurting the tribes. A lot of our fisheries have atrophied and we need to reinvest in them, in my opinion. Mr. Kilmer. The Elwha dam removal I think was a real success story, but it won't be if it ends up with a giant burden on the local community. Do I have time for one quick one? Mr. Calvert. OK. MAINTENANCE BACKLOG Mr. Kilmer. Finally, I just want to thank you for the attention to the maintenance backlog within the Park Service. We have got a bipartisan bill called the National Park Service Legacy Act that would establish a permanent fund dedicated to paying down the maintenance backlog. I know that my good friend on the committee, Mike Simpson, who is ironically down for maintenance himself on his knee, has also introduced another bipartisan solution on this. This is a big deal because there is a lot of concern about substantially jacking up the entrance fees and how that could affect some of the gateway communities. I know that there is difference in some of the specifics on these bills, but I know we want to see something cross the finish line that actually addresses this maintenance backlog. So I just want to ask for your continued attention and partnership as we work to hopefully establish a dedicated fund to address in the maintenance backlog. Secretary Zinke. What I am hoping is that there are multiple bills that approach it somewhat differently. We need to address the backlog in maintenance. There are several Senators that looked at our bill and said, well, if it should pass and you get the backlog in maintenance caught up, what then? Are we going to be in the same box the next 10 years? They are moving to make it more permanent, structured. With energy, this is what I thought. I thought at the end of the day, if you are going to make--all of the above. We are seeing a trend on the East Coast to go more wind up the coast, similar to oil and gas in the Gulf that funds LWCF. And the approach was net dollars going into Treasury. So it didn't affect LWCF. It didn't affect GOMESA. The proposal we had didn't affect any program. It was just whatever was left from congressional intent going into Treasury net, half of it would go back into an infrastructure account. Now, that was our proposal. Senator Alexander, has a bipartisan proposal too. We are very supportive of any mechanism that is responsible in order to address a backlog, and it is not getting any better. Mr. Kilmer. Yeah. MAINTENANCE Secretary Zinke. And, lastly, if I can take 1 minute. The doors. I read it like you that the doors were $139,000. I didn't even know they were my doors. But it is part of a long-term maintenance program with the building. Why are they $139,000? Well, we brought it down to $55,000. We had this little thing called the National Historic Preservation Act, and when you have a building or a facility that sits on the historic register, you are bound to go through SHPO and consultation and the whole works. It would be helpful if we worked together in this to make sure common sense can be applied. There are some buildings we absolutely need to make sure they are restored to original, Independence Hall among many of them. But some of our holdings we don't need to. If a roof is sugar pine shake, we don't need to replace it to sugar pine shake, we can find alternates shakes. That is a lot cheaper, more cost effective, that also saves our maintenance dollars, and we make sure we can get more done for little or less expense. I hope that this is a bipartisan issue on the National Historic Preservation Act, particularly, I think it is section 106. If we work together, and we are going through what legislative fixes would be, what do I have the power to do as the Secretary, and what legislative fixes would allow a little more flexibility and common sense to be applied on some of these products as we go through the maintenance. Otherwise, we are going run out of money. Mr. Calvert. Common sense is also an endangered species around here. Mr. Joyce. Mr. Joyce. Thank you, Mr. Chairman. Welcome, Mr. Secretary. The burning issue of the day, obviously, in this building is, are you on Facebook? I am just kidding. Secretary Zinke. I am not on Facebook. Mr. Joyce. Well, maybe if we talk about Facebook we would have more cameras here so they could see the great job that you are doing here. GREAT LAKES I am going to bring you to something I bug you about every time I see you, much to your chagrin, I am sure. The Great Lakes and the idea that the Great Lakes Restoration Initiative has helped protect and restore the habitats of the Great Lakes and the species that are native to the Great Lakes and keep harmful invasive species out of the Great Lakes, which I have found that previous editions of this, when we had problems with the zebra mussels and quagga mussels, actually affect you in Montana. I don't know how they got out there, but they managed to. You have been very important to help us restore and protect the Great Lakes, which I refer to not just as a lake or series of lakes, but a national treasure, of which there are a few of us Members who are all in cahoots about bugging you on. We received $271 million to undertake 82 GLRI projects from the U.S. Fish and Wildlife Service, as of February of 2018. Yet, to no one's surprise on this committee, the administration has once again proposed to virtually eliminate all funding for the GLRI in fiscal year 2019. I know this is an important issue, and we talked about it last year, but I was hoping that we might be able to get a commitment from you that you could visit the Great Lakes. I am sure Ms. Kaptur, who is not here today, would be glad and proud also to take you out on Lake Erie. I am sure Ms. McCollum would be glad to entertain you on the Great Lakes so you could see firsthand the tremendous work that is being done. It is, I would say, the high water mark on how government should operate, and I am glad that you are a party to it. Secondly, I would like to understand what you are doing to make sure the U.S. Fish and Wildlife Service, the U.S. Geological Survey, and other agencies can maintain, protect, and continue to restore the Great Lakes. If cuts were going to be made, I understand that, sir, but if there are going to be any cuts, could you provide examples of what initial projects would be significantly curtailed? Secretary Zinke. On the Great Lakes, we receive about $64 million from the EPA, so our budgets from the EPA are impacted, as they get cuts, we do. We receive about $64 million. Our budget request adds about, $13 million for Asian carp. Some of it is structural. You know, how do we get to resolution, and how do we address a problem? Again, on the trout and the salmon, same thing that happens in the Great Lakes. Mr. Joyce. Certainly. Secretary Zinke. Is that you can put significant more funding in place, but if it doesn't result in actually moving the needle or doing something on the ground, that is part of the issue, and I think structurally we have to change. The reorganization looks at how to do it better, to make sure we emphasize things that matter in the Great Lakes and those regions, rather than from Washington, D.C. That would be helpful. And, a budget request from the Executive is just that, it is a budget request. We have the dialog back and forth. We do this every year. What areas are priority for me? The priority in Interior was infrastructure and reorganization, so we can make the decisions that affect the Great Lakes quicker, better, and then focus on a solution. Then make sure the money spent on that solution actually goes towards a solution and not more studies. As you know, we give about $5.5 billion worth of grants a year--billion--and a lot of those grants go to studies that don't lead to any action. It is great to study it, love studying. But some of the studies--less studying and more action would be helpful in a lot of these areas, including the Great Lakes. Mr. Joyce. I certainly appreciate that and I appreciate that you are focusing on it. People who are working on the Great Lakes Restoration Initiative have to share the information so you don't have studies upon studies, but an actually using those studies and implementing them in the different agencies. ASIAN CARP One of the things that we have been dealing with is the Army Corps of Engineers, which had this study going about how we are going to prevent Asian carp from getting into the Great Lakes. They came up with what they said was seven different options--one being do nothing, so that is really not an option. We are still waiting for some finality to what it is that they are going to do. But, obviously, the Fish and Wildlife Service is the most important component of making sure, in the interim, that we don't have this issue, because as I have said time and time again, once Asian carp get into the Great Lakes, especially Lake Erie, being the shallowest of the lakes, it is game, set, match. They are such voracious eaters, they will ruin the habitat there. So I was wondering if you could foresee what cuts, if any-- hopefully none--but what cuts might be in line or staff reductions in 2019 that would scale back Fish and Wildlife Service Asian carp operations? Secretary Zinke. I would say, given the importance of the Asian carp, we have about $13 million there. How successful have we been? We moved about 48,000 carp on some fish herding exercises. It is not enough. But we got better at it. I think we are going to continue and probably accelerate that. The U.S. Geological Survey and the Fish and Wildlife are also looking at some technologies that will help us on that. I am personally aware of the issue. Previously this wasn't an issue for Montana so much, and now the issue of the Asian carp and the zebra mussels both are a concern there. Those are a problem on irrigation. And there are some, I would say, some encouraging developments on zebra mussel from the USGS, as well as there are some encouraging developments on Asian carp and how to manage it. We will continue to make sure the resources are there to go forward. Mr. Joyce. If I may be so rude as to invite myself if you would ever go to see these Asian carp operations where they are doing herding and other things, so we could understand what it is you are doing to address this threat. We would like to find a solution to the problem that we hope will never come about in the Great Lakes. Secretary Zinke. Ohio is on my schedule in August, as I understand it. Mr. Joyce. A lovely time of year to be out on the Great Lakes, and our chairman can attest to it as he was out there. Mr. Calvert. I once was invited to go walleye fishing in August, but somebody lost the invitation. Mr. Joyce. They found out that you weren't coming so they bumped me. That is what you don't understand on that expedition. Thank you very much for your time, and I yield back. Secretary Zinke. We did increase, by the way, work on zebra mussels about $3 million in those summits. There is some promising USGS technology that we think has---- Mr. Calvert. That is a big problem in California, too. Ms. McCollum. MONUMENTS Ms. McCollum. Thank you, Mr. Chair. Before I ask my question, I want to go back. I had mentioned in my opening statement, I spoke about Bears Ears and the Grand Staircase Monument. I am just going to focus on the Grand Staircase Monument here. I cited why I said what I did based on a New York Times article. And you came back and said, no, that coal was coal and mining was not part of the decision on how the rescission of the monument went. But I base my statements on memos from the Interior Department, which talks about one of the plateaus located in the monument that contains one of the largest coal deposits in the United States. The Interior Department memo issued in spring of 2017 said about 11.62 billion tons are technologically recoverable. The story goes on to cite Interior staff preparing a report on each national monument with a yellow highlighter on the document, emphasizing the need to examine and detail the annual production of coal, gas, and renewables, if any, onsite. The article goes on to talk about how there were many, many meetings with people from the mining industries. So I wanted to be clear, Mr. Secretary, I didn't pull that out of the air. I took it from a New York Times article which cited Department memos. Secretary Zinke. And your opening statement was on Bears Ears. Ms. McCollum. No, I also had Grand Staircase. Mr. Secretary, we can talk about this later. But there were maps that both The New York Times had looked at and yellow highlighter used in the Department reports on this. Secretary Zinke. Well, I don't take The New York Times as a credible source on such things. But we will take it at that. Ms. McCollum. I think when you turn over public documents that actually have Interior memos that are cited in a news source that that would be rather credible, if they are citing the Department. TWIN METALS Mr. Secretary, you and I have talked about this before. There is a 20-year withdrawal mineral lease currently under consideration for the watershed that contains the Boundary Waters Canoe Area Wilderness and Voyageurs National Park. You have been vocal in your support for a similar 20-year mining ban in Paradise Valley in Montana. You clearly understand that there are some places that are just too precious to mine. In December, your solicitor's office overturned the right of the Forest Service to deny consent for two mining leases on the doorsteps of the Boundary Waters. The principal deputy solicitor's schedule shows that he repeatedly met with lobbyists from the foreign-owned mining company, but does not appear that he consulted with any of the stakeholders who oppose the automatic renewals. Secretary Zinke, to the best of your knowledge, did your solicitor meet with stakeholders other than representatives of Twin Metals Mining Company before issuing their opinion? Were there any meetings with stakeholders presenting the strong legal case against nondiscretionary interpretation of the leases? Did your solicitor's office seek input from either the Department of Agriculture's general counsel, or from the Department of Justice, who was actively defending the Forest Service's consent denials against the lawsuit from Twin Metals? Did you have an opportunity to personally look at the solicitor's opinion before it was issued? And the reason why I am bringing this up is I am concerned and I am confused about the criteria that are being used by you to determine which public lands need to be protected from mining. If the Forest Service finds that there is no significant impact of withdrawal on the Superior National Forest, will that be enough for you to move forward on the 20- year ban on mining in this unique, precious, and vulnerable watershed? Secretary Zinke. Well, first, I agree, there are some areas that are too precious to mine. In regards to the previous administration's removal for preferred leasing, our solicitor teams viewed that as unlawful and undefendable in court, and they did confer with the Department of Justice, which also had the same view. Losing in court would cost the Interior as much as hundreds of millions of dollars. So the correct path, in our opinion, was to do a process called NEPA. That is what is going on. In order to remove and do a taking, it has to be on the basis of science. And the NEPA process is---- Ms. McCollum. Mr. Secretary, my question is--and thank you for saying that you did consult with the Department of Justice--but one of my questions was, did the solicitor's office meet with anyone else besides representatives of Twin Metals before issuing this opinion? Secretary Zinke. I will have to look at the records on who exactly we met with, but it is a matter of public record. But we did coordinate with Agriculture on it. But again, the solicitors from--are talented lawyers, career lawyers,--viewed that withdrawing preferred leasing was unlawful. The right path to look at it was continue that and then initiate a NEPA so we can make a decision based on science. Ms. McCollum. Thank you. I look forward to finding about who was met with. As you and I both know and we see on TV every night, there are talented attorneys that can come up with two different opinions. So I respect that your solicitors come up with one opinion. The solicitors of the previous administration came up with another. Thank you, Mr. Chair. Mr. Calvert. Thank you. Mr. Stewart. Mr. Stewart. Thank you, Mr. Chairman. And I beg your indulgence and your understanding. I thank you, appreciating that we had three hearings this morning and an Intel hearing as well, so a total of four, and thank you for letting me come late. Mr. Secretary, thank you for being here. I am going to thank you for three things and then ask you a question, if I could. LEADERSHIP The first thing is, and I really mean this, thanks for your leadership. We live in tumultuous times when everything that was partisan anyway has become hyperpartisan, and many times it becomes too personal. I believe you are trying to thread a needle. I really do. I believe you are listening and trying to understand people's objections, and we appreciate that. MONUMENTS The second thing is, thank you for Grand Staircase Escalante and for Bears Ears. Representing one of those monuments, I can tell you that was the right thing for Utah, it was the right thing for the local communities, and more than that, it was the right thing for the America people, because we have protected those areas that deserve the protections that we have afforded them at the same time we have opened up some economic opportunities for communities that are desperately in need of it. And, again, I think we threaded the needle there where we had conflicting priorities, and I think we found a nice compromise on that. I am grateful this President did that. I don't think any other person who was running for office would have had the courage to do what he did, and speaking for the people in Utah, we are grateful for that. REORGANIZATION And the third thing I will thank you for is for this. I know that this is not without controversy as well, and there are some objections that some people had, and we had some concerns, one of them being the State directors and the fact that they would still remain State directors and a few other things. But once again I think that it is a bit of a shake-up, but in an organization that needs a shake-up every hundred years or so. And we are excited to see what we hope will be a better outcome. MONUMENTS Now, if I could ask a question, and I know the committee is going to look at me and just go--and, by the way, before I go on, Ms. McCollum, if I could, you know, you are someone I have tremendous respect for, and I really mean that. I would be happy to talk with you a little bit about Grand Staircase Escalante and how the impacts that that has had on the communities there, and give you my perspective on that. I think it might be helpful if we were to have a conversation regarding that. I don't know that I will necessarily change your mind on anything, but it might be helpful for us to have our own private conversation regarding that. WILD HORSES AND BURROS Again, I hate to beat--I will use an old joke--I hate to beat a dead horse, but I want talk about horses. We didn't get what we were hoping, and I know the chairman here did everything he could to advocate for this issue of mine. But if you care about these animals, we have got to do better. We have got to make situations better for them. I am wondering if you could give some indications of where you think you can go with your own authorities. Secretary Zinke. No one loves a horse more than I do, up front. I love horses and horses are iconic. But this is where the numbers are. The ground will hold about 27,000 healthy horses. We have 108,000 horses; 45,000 are in captivity. We are spending $81 million on the horse program. The current practice has been this, when a horse population gets larger, we go out, we round up, and we take the excess off, and then the excess goes off into either corrals, which is inhumane for wild horses to be in captivity. We really haven't been able to address the growth. Every time we get to this period, Congress will put a rider in, either the House or the Senate, it is a fight to get the rider in or out, and then we don't address the growth. What we are looking at doing is either birth control, spaying, neutering, but looking at rounding up the horses in a humane way and focus on the growth. It is unsustainable to continue doing what we are doing. And, quite frankly, the most inhumane thing we can do is no action. I accept that, we are working with the Humane Society. I have had the first meeting ever with stakeholders that are passionate horse advocates. We are trying to say, all right, this is what we have got to do. I am an advocate, quite frankly, of rounding the horses up and going on a spaying, neutering, birth control, because that is really the only option we have on the table to focus on growth and focus on making sure we have healthy herds, and striving to that number. We are also working with some Indian tribes. Some of our reservations have a lot of land that are open spaces. We are working with some of our Indian nations to accommodate some of the horses. As we round up and neuter and spay, rather than they spend the rest of their existence in a cubicle, it probably would be better, I think more humane, to have them on open range. We are working on that. Mr. Stewart. Well, I will conclude just again thanking you. And if you look at these horses in captivity, there are thousands of them sitting in enough space where they have a few feet to move and they just sit there in the dust all day, and it is very unfortunate for them. And I think we have got to do something permanent, the spaying and the neutering, the inoculations, I think we know now, just aren't effective and nearly impossible to administer effectively. So we appreciate you taking a more aggressive stand. And, again, I take you at your word, having observed you ride your horse to work the first day, that you are sincere when you say you care about these animals. I am as well. And hopefully we can have a better outcome for them. Chairman, I yield back. Mr. Calvert. I thank the gentleman. Ms. Kaptur, do you have a quick question you would like to ask? I have a question I am going to ask. Do you want me to ask my question? Ms. Kaptur. Thank you. Mr. Calvert. We will ask you first. Ms. Pingree, do you have a quick question? Ms. Pingree. Do you want me to go first? Mr. Calvert. OK. Sure. Ms. Pingree. I know you are going to run out of time. OFFSHORE DEVELOPMENT A couple of thoughts that I had after you and I discussed oil drilling, and I will not beat this dead topic, because it is not dead. You started out by saying that the Department needs to raise money and you talked about reducing oil revenues. I think we all appreciate that you are looking for ways to help balance the budget and raise money, but as you said on an earlier question, some areas are too precious to mine. Coastal waters are too precious to drill for oil. So just another thought to keep in your mind. CLIMATE CHANGE I want to just briefly talk about this whole issue around science, denial of science, climate change, it is kind of a recurring theme with this Administration. I think many of us are always on guard looking for places where this topic will be purged or not discussed. Again, coming from a coastal State where we are already worried about sea level rising, changes in our fisheries, sea level temperature changing, ocean acidification, it has already had a huge impact on my State and there is a lot of fear around it, again, because of some of our biggest industries. My understanding is that there is a pending report about the national parks and the impact of climate change on the national parks, and there has been reporting to say that there has been some said editing of taking climate change out of the document and removing any references to things about human-made climate change and greenhouse gases. I am not in the debate anymore. Humans have an impact on climate change. I am done with that. And you have said that you are not editing it, that is not going to happen. So I would just like to hear your reassurance that these reports are either something that happened in the past and you are going to change, or it is really not going on. And when that report comes out, I personally don't want to see it edited to remove any reference to that. We have a coastal national park in our State. I think it is extremely important that departments like yours are paying attention. ACTING ASSISTANT SECRETARY--FISH, WILDLIFE, AND PARKS The second thing that is somewhat related I just want to put in there is some controversy around Susan Combs becoming the acting secretary for Fish and Wildlife. Excuse me, because I don't think I know her, and so I don't have any personal issues here, but because she has been frequently noted as someone who opposes the Endangered Species Act. I know this committee in particular, we have differing points of view on it and when it is well-used and when it is not. But, again, coming from a State where the bald eagle has made an amazing comeback in a community like mine, you can see one virtually every single day fishing, and that is the result of the changes from the Endangered Species Act. I know it is a complicated issue, but it plays a really important role, and to have someone in that position who comes at it with an opposition to that, I just want to know how you think she can perform that job with so much bias. CLIMATE CHANGE Secretary Zinke. First, on the national park document. I never change even a comma on scientific things. So how did that report get to you? Because it didn't get to us. Nobody in Interior in Washington ever saw that document. It is a draft document, as far as I understand. It was forwarded from a university and it was still in a deliberative process. So nobody, no political has ever seen that document. And I haven't seen the document. So I want an investigation how that document got around to the press before even we had a chance to look at it. I think that is fair. Ms. Pingree. Fair question. Secretary Zinke. The other report was a USGS document that I wanted to see before they released it. It had to do with ANWR. Because I wanted to know why the USGS report was so radically different--it is an assessment on national resources--was so radically different than a same assessment just conducted a few years before. And they were significantly different in the assessment of resources given the data set was very similar. I want to know what techniques that we are using. Ms. Pingree. I agree, you should have the ability to have a draft document and people state their opinions. But can you assure me that you are not going to deny any references to climate change and that you will allow for the inclusion in documents from the Department of Interior that have a human impact on climate change? Secretary Zinke. If it is a scientific report, all right, I am not going to change a comma of it, because I think that is the integrity. And my director of USGS, he is an astronaut. It has taken a year to get an astronaut with a Ph.D. In science that has had a Top Secret/SCI security clearance, he is probably arguably the best director, most qualified director we have had in the history of the USGS. That is saying something because we had John Wesley Powell and some icons, it has taken over a year. ACTING ASSISTANT SECRETARY--FISH, WILDLIFE, AND PARKS With Susan Combs, that is not her permanent place. She has been nominated to be number three, not in Fish and Wildlife, but there are holds on her from a few named Senators, that I would like to have her confirmed. Ms. Pingree. We all have our issues with the Senate now and then. So, again, will you confirm that while she is in that role she will not be actively working to undermine the Endangered Species Act? ENDANGERED SPECIES ACT Secretary Zinke. She will not be actively working to undermine any of our environment protections as reasonable. Although we both agree with the Endangered Species Act, it is very difficult when a species has recovered to either down-list or remove a species. Quite frankly, when a species has recovered, I would rather spend the money and effort looking at species that are in challenge, because we have lot of species that are in trouble. We have to look at the processes. When we put a species on and a species is recovered, we should all celebrate that the Endangered Species Act has been positive. It was a Dick Nixon bill. So great, we should celebrate in our victories, and then we should focus our efforts on the species that really need help. But we need to look at off-ramps, too. We are looking at that as part of a structure without deteriorating in any way my responsibility of being the steward of your public lands. Ms. Pingree. Thanks. Mr. Calvert. Thank you. A couple of quick points. You mentioned the recovery of endangered species. I don't need to comment. Obviously, we are having a discussion here about the gray wolf and the Great Lakes and Wyoming, and we have some disagreements, but a lot of people believe that that is a recovered species. So I will leave that until next year, but I just bring it up. OFFSHORE DEVELOPMENT Oil. There is one State that does have oil. There is no doubt about it. You have a house in Santa Barbara, you can gaze across and---- Secretary Zinke. My wife does. Mr. Calvert. Your wife has a house in Santa Barbara? Secretary Zinke. She is lucky. Mr. Calvert. There is a lot of oil in California. I think we are the fourth largest oil-producing State in the Union. Some people believe the largest off-coast supply outside of Alaska in the United States is in California, is in the Santa Barbara gulch. As you look at that, there are technologies that are available today to slant drill without using coastal rigs, especially off Vandenberg and others that have been studied. So I hope you look at all technologies that are available as you look at California. Also, California has the largest depository in Monterey Shale, in various counties in the interior part of the State of California. EARTHQUAKE EARLY WARNING SYSTEM And while we are talking about California, I want to mention the Earthquake Early Warning System. Which doesn't apply to California, it applies to the State of Oregon, the State of Washington. It is not a matter of if we are going to have a significant earthquake in the future, it is just matter of when. The USGS has been very involved in this issue, and we have put a substantial amount of money in this appropriation bill, about $13 million to increase the program, another $10 million for the infrastructure cost, which will be hopefully online here shortly, despite the fiscal year 2019 budget request that obviously would zero out the program. Will you work with USGS to make sure that the congressional intent is fully carried out and the program is prioritized in light of the public safety it will provide? We hope to have this online, working with Caltech and USGS, soon to provide a warning system that could save thousands and thousands of lives. Secretary Zinke. I will commit. And it is the power of your leadership that it remains strong in the budget, as well as the University of Oregon is working on it as well, my alma mater. So I am aware of the importance. Mr. Calvert. And the State of Washington. We have that whole zone area up there. OFFSHORE DEVELOPMENT Secretary Zinke. And if I can add real quickly on the oil and gas. The Coastal Commission and the State of California also have a say on oil and gas, even if you were to do a slant rig. And I believe there are companies that looked at it at Vandenberg, that there were oil deposits, particularly a gas play off the coast that was reachable by horizontal drilling. And the Coastal Commission and the State regulatory framework has a big, big say whether or not they are going to go forward. Mr. Calvert. We are a difficult State. We have time for a real quick question from Ms. Kaptur. Ms. Kaptur. Thank you, Mr. Chairman. Welcome back, Mr. Secretary. Glad to have you. Mr. Calvert. The Secretary has a hard exit in 5 minutes. He has to go to an important meeting. Ms. Kaptur. I hear you. Secretary Zinke. But I do offer this. I said in the very beginning when I came in that I will meet with this committee outside of a hearing in a working group, and I would do that. I offer that. ASIAN CARP Ms. Kaptur. Thank you. Also, earlier I know Mr. Joyce asked questions about the Asian carp, and, Mr. Secretary, you mentioned it as a priority. Thank you very much. We don't want them in the Great Lakes. OFFSHORE WIND You also had a conference recently with a large group of energy developers about the potential for offshore wind. I want to let you know this Member supports that. In fact, we know the Great Lakes have about a minimum of 700 gigawatts of power that are uncaptured at this point, and the first offshore project is being proposed near Cleveland, Ohio, LEEDCo. I wanted to draw your attention to that, but I also wanted to state, for the record, that I do not support the request to cut renewable energy at the Department of Interior by half, and we are going to try to fix that as this bill moves along. But, we very much welcome your comments to that offshore wind organization. GREAT LAKES My question relates to USGS. Because of the condition of Lake Erie right now, I wanted to reiterate Mr. Joyce's warm invitation to you to come to our area, Lake Erie, the shallowest of the Great Lakes. We are facing a very, very serious crisis there dealing with the largest watershed in the Great Lakes, which empties into Lake Erie. USGS BUDGET Your budget proposes to cut the USGS. Again, I am hoping we can fix that here, because a quarter cut to the budget doesn't help us, and especially because the cuts include the contaminant biology and toxic substance hydrology accounts, which are so important to us because it is toxic microsystem that is causing all the difficulty in our water system. I am troubled by the fact that you are cutting programs that are the most important to science as we try to shepherd the fresh water resource that is so precious in our country. Could you comment on the fact that our water quality issues and fresh water are getting worse, but you are cutting the budget to fix it? OFFSHORE WIND Secretary Zinke. Real quickly on renewables, is that our budget reflects the demand. There is a greater demand going offshore, but there is a lesser demand on onshore right now. So our budget looked at the USGS forecast and BOEM's forecast of renewables, and our budget request is aligned to that. We will share the same data we have. We just want to make sure. Renewables is important. The President's policy is all-of- the-above. Ms. Kaptur. Good. Secretary Zinke. And so at the end of the day if we need to move things around, we can do it by a reprogramming letter, too. If the demand is up or down, we want to make sure we have an appropriate amount to accommodate our energy policy, which is all-the-above. And so we will share the same data that you have that we have. So if we are short in that, we would adjust it because we are all-of-the-above. Ms. Kaptur. All right. Secretary Zinke. Your second question, I am sorry, was? U.S. Geological Survey? Ms. Kaptur. Yes. LANDSAT Secretary Zinke. Well, we also have some expensive programs. We have the Landsat 9. We think we can do much better with Landsat 10 by opening up for competitive bidding. It would save us some money. INVASIVE SPECIES I will admit, our water is at risk. Our invasive species we need to get a handle on and control. Some of it is looking at better technology, particularly with the Asian carp. And there is some promising technology for zebra mussels, which is a big issue. But I will work with you on it, because I understand how important it is. GREAT LAKES And the Great Lakes matter, too. They matter politically, economically, they matter morally to this country, and I will work with you on it. We think the reorganization, which I will be glad to talk in detail with you on it, we think it is best on the reorganization to put more authority in the front line to address some of these regional problems because they get lost at the Federal level. TOPOGRAPHICAL MAP Ms. Kaptur. Mr. Secretary, could I ask you, before you come out to Ohio, could you identify a person within USGS that could work with us on a topographical map of the watershed that must be managed in a much more thoughtful way so that we aren't polluting the lake? Secretary Zinke. I have the best map on watersheds. It is broken down to every basin. It is magnificent. Ms. Kaptur. Good, we need that. We need people to understand that it isn't flat, that it actually rolls somewhere when a drop of water falls off. I would really appreciate if you could, if we could have that attendant to your visit, that would be marvelous. It would be really. Mr. Chairman, I just have to state, Rotary International has selected Lake Erie because of its condition and has made it as high a priority as their priority to eliminate polio, which they were successful in doing globally. It is that important. So, we have stakeholders that want to help, but we need the technology, science, and resources to fix the problem. Thank you, Mr. Chairman. Mr. Calvert. Thank you. Thank you for coming out to this hearing today. Ms. McCollum asked a question of me, and I think it is a good idea, hopefully that we can get together at some point in a nonhearing setting to talk about reorganization and get a better understanding of this. So we can do that in the near future. We will set up a time to do that. I appreciate your coming out. And we are adjourned. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Thursday, April 12, 2018. SMITHSONIAN INSTITUTION WITNESS DAVID SKORTON, M.D., SECRETARY, SMITHSONIAN INSTITUTION, WASHINGTON, DC Opening Remarks of Chairman Calvert Mr. Calvert. [presiding]. The committee will come to order. Dr. Skorton, I would like to welcome you to today's hearing. We appreciate you joining us to share your vision of the future of Smithsonian and to discuss your budget priorities for fiscal year 2019. The members and staff are also grateful you brought some interesting historical items for show and tell. It is always one of the highlights of the hearing season. I said this before and it bears repeating, you clearly have one of the most interesting jobs in town. As the Secretary of the Smithsonian, you are entrusted with the challenging responsibility of operating and managing one of the country's most revered institutions. The Smithsonian is often referred to as ``America's attic'' because you are the steward of more than 155 million objects, and the national collection reflects America's artistic, cultural, and scientific heritage. The Smithsonian provides education, outreach programs in science, history, art, culture for visitors and scholars worldwide. It is governed by a board of regents consisting of the Chief Justice of the United States, the Vice President, nine private citizens, six Members of Congress, including our good friend here, Tom Cole, who serves on the subcommittee. I understand you guys had a meeting yesterday. Mr. Cole. We did. Mr. Calvert. Overall, the proposed funding level in the Smithsonian fiscal year 2019 budget is $957 million. The budget request supports salaries, expenses, essentials of facilities maintenance. It also continues the National Air and Space Museum's renovation project and supports other critical priority construction and deferred maintenance projects. Like most large organizations, the Smithsonian faces some enormous challenges which we will be discussing at some length today. At the top of the list, of course, is the multiyear renovation of the National Air and Space Museum, the most visited museum in the world. As a result of the budget agreement earlier this year, the Interior Subcommittee was provided additional funding in its fiscal year 2018 allocation that enabled us to provide more than double the amount requested for this critical revitalization project. We look forward to hearing the detail on how the $198 million provided in the omnibus will be invested, and what additional funds in fiscal year 2019 and future years will be required to complete this revitalization project. The recent construction of the Museum of African-American History and Culture and the proposed renovation of the National Air and Space Museum illustrate the very real challenges this subcommittee faces. There continues to be increasing demand for Federal dollars to address many important and legitimate priorities. For this reason, it is essential that the Smithsonian clearly outline and communicate its highest and greatest priorities throughout the appropriations process. Secretary Skorton, I pledged to you the last time we met this subcommittee will do its very best to address this subcommittee's most urgent priorities. We support your outstanding efforts, and we look forward to your testimony and continuing our work together. Now, I am happy to yield to my good friend on our subcommittee the Ranking Member, Mrs. McCollum, for any opening remarks she would like to make. Opening Remarks of Ms. McCollum Ms. McCollum. Thank you, Mr. Chair, and good morning. Good morning, Secretary. Welcome to the subcommittee. It has been 2 years since you last testified before us, and I am pleased to see you here. I am very excited to hear about the treasures that you brought, and to also hear about the progress you have made and your accomplishments at the Smithsonian. I think from the chair's statement, and you will hear from my statement, there is something that we 100 percent agree on, and that is the Smithsonian has a special place on the Mall and in our Nation. So, 2 months ago, Congress passed a bipartisan budget agreement to increase non-defense discretionary spending for 2 years, and 3 weeks ago in an admirable show of bipartisanship, the fiscal year 2018 omnibus was enacted into law. Within that omnibus, Congress made significant adjustments in the Smithsonian by providing, as the chair pointed out, $198 million for the restoration of the Air and Space Museum, which fully funded your 2018 request for the museum's restoration and most of what you are requesting for the fiscal year 2019 budget. But as we all know, more work remains to be done, and the total Federal share of the National Air and Space Museum is going to reach $650 million, and to date, $250 million of that has been appropriated. Furthermore, the Smithsonian's overall facilities condition index rating from the National Research Council is considered poor, and the Smithsonian's backlog of deferred maintenance and repair is estimated at $890 million. The Smithsonian must continue to address this backlog in order to improve the facilities' indication index score to ensure a healthy, safe environment for visitors, staff, and one special place where you even care for animals. We have to be working with you constantly to make sure that there is responsible stewardship for your vast collections. In addition to the cost of maintaining bricks and mortar, you have a responsibility to the Federal staff inside of these buildings. Mr. Chair, there was a report. I am going to see if we can get a full copy of it because we do oversee salaries of how far behind Federal employees have become in salaries and wages here for many of our institutions. The fiscal year 2019 budget for salaries and expenses is $738 million, which is $7 million above the enacted level, and I want to see how we are fitting in, especially in the Smithsonian, addressing what the reports were about employees' wages. The Smithsonian was created for the increase and diffusion of knowledge. It has the ability to capture the imagination and curiosity of both children and adults, and it has something for everyone. I want to commend you, specifically, for your recent launch of the American Women's History Initiative. I am pleased that Congress has provided $2 million in the recent omnibus towards that effort. While the focus is on the history of American women, I believe this is far reaching, beyond what it even will accomplish in the United States. I believe you will inspire women and girls with this initiative all over the world. The Smithsonian Institution is beloved by millions and is one of the most visited museums in the world. You have had over 3 million--3 million--visitors to your newest museum, the National Museum of African-American History and Culture. What a wonderful resource for people to learn about the rich cultural experience and history, and the vibrant African-American community here. And those of African-American descent can take great pride in their history as we also tell the history with great accuracy and sadness at times. I am pleased that you completed a $1.5 billion fundraising campaign last year. That success is an indication of the value you place in communicating its importance to the public. The public support for your mission shows your attempts to explore new and innovative activities is one that is supported not only by Congress, but by the American people. So, Mr. Secretary, I appreciate the work that you do, the work that all the employees at the Smithsonian do to advance the civic, educational, scientific, and artistic life of this Nation. Thank you, Mr. Chair. Mr. Calvert. OK. With that, Dr. Skorton, I am happy to yield to you time for an opening statement. Opening Remarks of Secretary Skorton Dr. Skorton. Mr. Chairman, and Ranking Member McCollum, and members of the subcommittee, thank you very much for this opportunity. And on behalf of the entire Smithsonian Institution, our 6,700 employees and our 17,000 volunteers, we appreciate the continued and very generous support of Congress which allows us to make important contributions to the American people through history, art, culture, science, and education. And today with our numerous museums, and distinguished scholars and in-depth research, iconic treasures, excellent education programs, and a vast array of information made accessible through digital media, the Smithsonian remains a trusted source of information and inspiration for the people of America and the world. The Smithsonian will continue to strive to be an effective steward of our past and prove to be a wise investment in the future. Since I last testified before this subcommittee, we have unveiled a new strategic plan that will guide us through the year 2022. My written statement goes into more detail about the plan, but I would like to briefly focus on a few key points that illustrate how it will make us a stronger and more responsive Institution. One of the goals of the strategic plan is to reach new audiences both beyond the National Mall and here in the Nation's capital. From the National Air and Space Museum's two- week STEM Camp for Girls to the National Museum of Natural History's intensive Youth Engagement Through Science Internship Program, Smithsonian education programs make a difference in and around the District of Columbia. We plan to increase our local impact by reaching all DC Public School students with our rich educational content. We are currently in discussion with the DC Public School System about providing them material that aligns with their curricula, helps support students' needs, and improves equity and access to educational material. Doing so would allow us to forge stronger bonds with the local community and provide a template to take more of our scholarly content to schools nationwide. Much of what we do already reaches Americans in their own homes and classrooms. For instance, our Smithsonian Science Education Center has developed a tested STEM curriculum for K through 8 students, and this curriculum is currently used in 1,500 school districts in every State and more than 20 other countries. The Museum on Main Street Program from our Smithsonian Traveling Exhibition Service allows us to reach rural America through museum exhibitions, research, educational resources, and programming. And thank you for bringing up the American Women's History Initiative. It will take to the road with stories of pioneers like Harriet Tubman, Amelia Earhart, and Sandra Day O'Connor. It will leverage existing museum collections and expertise with new programmatic funds. The initiative will help the Smithsonian show young women and men alike that we only reach our full economic and moral potential as a Nation when we include everyone. We are also expanding our international footprint, and one big step forward in that respect is our work with the Victoria and Albert Museum to open a combined exhibition space in London and a separate space for Smithsonian self-curated exhibitions. This will be the first international exhibition spaces in our history. We look forward to the expected opening in 2023 and the tremendous capacity to help us reach new audiences. One fascinating and futuristic project underway is at the Smithsonian Astrophysical observatory in Cambridge, Massachusetts where we are working with American and international partners to build one of the world's most powerful telescopes. The Giant Magellan Telescope, or GMT, will use an array of seven huge mirrors working in tandem to produce images 10 times sharper than those from the Hubble Telescope. The GMT will help our scientists explore the distant reaches of the universe in our search for life beyond this planet. And more on the down-to-earth side, the National Museum of African Art recently hosted its first Morning at the Museum. This program, hosted by many of our museums, allows those with cognitive and sensory processing disabilities to take part in creative workshops in a supportive environment in a quieter setting before crowds enter the museum. As always, and as was mentioned, the safety of visitors, and staff, and volunteers is my first priority. I have spoken to this committee about the urgent need to renovate the National Air and Space Museum due to the risks posed by its crumbling marble facade. The project's share of our budget request underscores the importance and priority for the Smithsonian. Our focus today is also on another type of safety. Our staff must be free to work without harassment and a safe environment in which all may succeed. The quality of our training and policies to address workplace harassment is impressive. However, I am committed to self-reflection and refining all we do by reemphasizing training compliance and examining all of our harassment policies. Ultimately, better policies will make us a better institution. For fiscal year 2019, the Smithsonian budget request is $957 million. Within this amount is $738 million for salaries and expenses. Following guidance from the Office of Management and Budget, we have included an increase of $13.4 million for facilities maintenance needs, for fixed cost increases, and for restoration of a rescission in the fiscal year 2018 continuing resolution. We are also requesting $219 for facilities capital, and most of that, or $127 million, will be used to continue work on the National Air and Space Museum project. We greatly appreciate the investment in this critical project in the recently-enacted fiscal year 2018 omnibus bill and look forward to updating the committee as the project progresses. I am also pleased to report that just last week, I named Dr. Ellen Stofan as the new John and Adrienne Mars director of the National Air and Space Museum. Ellen is so excited. She is going to begin her tenure at the museum April 30. The future is brighter than ever for this beloved institution that I am privileged to serve. I am confident that the Smithsonian is primed to take advantage of our opportunities in the years and decades ahead and to serve the American people even more effectively. Thank you. INTRODUCTION OF SMITHSONIAN CURATORS AND OBJECTS And I want to just very quickly tell you about our experts and some of these terrific objects you see in front of you. As was mentioned, our total collection is 155 million objects and specimens, and we have some of these treasures here today. I want to introduce Lisa Kathleen Graddy, curator at the National Museum of American History. She has brought the rosewood and ivory gavel used by Susan B. Anthony to chair women's suffrage conventions. You will notice the white gloves. Those are meant to remind me that I cannot touch the gavel. [Laughter.] Peter Jakab, chief curator at the--there he is--at the National Air and Space Museum, brought two things: the stopwatch used by Wilbur Wright to time the historic flight by his brother, Orville, in the Wright Flyer on December 17, 1903, and a sample of the wood and fabric from the Wright Flyer that the Apollo 11 crew carried to the moon in 1969. And Ryan Lintelman and Theo Gonsalves--there is Ryan in the second, Theo Gonsalves--curators at the American History Museum have brought the custom-made silver-flared trumpet of jazz great Dizzy Gillespie. And I must comment that we named our male dog ``Dizzy'' after that gentleman. [Laughter.] Thank you. [The statement of Secretary Skorton follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Opening Remarks of Mr. Cole Mr. Calvert. Thank you, and if there is no objection, Mr. Cole needs to go to a hearing on his own committee. He would like to make a brief statement. Mr. Cole. I just, again, want to thank Dr. Skorton for the privilege of serving as one of the regents of the Smithsonian. I assure everybody here it is in good hands. The only important thing I have done since I have been there was be part of the group that interviewed and selected Mr. Skorton to be the head. And you have got his bio, so you know what a distinguished record he has as an academic leader and as president of one of our leading institutions, and having been president of another one before that. It is just a genuine pleasure to have you here. It is a genuine pleasure. This committee does take this responsibility very seriously and, frankly, in a very bipartisan way and with a great deal of pride in what the men and women you lead at the Smithsonian have accomplished. So, again, I can just assure my colleagues the Institution has been well led throughout its tenure, but I really believe you have in front of you the most distinguished of the secretaries that we have had. And we are very fortunate to have him in charge of what is really a national treasure and a national jewel at a critical point in its development. So, I am going to excuse myself, but, again, I just wanted to be here and say hi to you, and thank you again personally for all you do. Dr. Skorton. Thank you, Dr. Cole, for all you do and all the regents do. And thank you for getting down to candidate 27 or whatever it was when you hired me. I really appreciate it. [Laughter.] NATIONAL AIR AND SPACE MUSEUM REVITALIZATION Mr. Calvert. Thank you. And thanks, Mr. Cole. Doctor Skorton, as you mentioned in your opening statement the revitalization of the National Air and Space Museum, which we all have worked on and we have visited the museum and seen for ourselves the problems that are there. As I mentioned in my opening statement, it is the most visited museum in the world, I guess, even more than the Louvre? Is that---- Dr. Skorton. It is always neck and neck, Mr. Chairman, with the Louvre. And we squeaked by them last year, and so we are using those bragging rights. Mr. Calvert. So, we are number one. Dr. Skorton. Number one. Mr. Calvert. OK. On that subject, what is the present status of the work on the Air and Space Museum? What specific work will be done with $198 million provided in the recent omnibus, and specifically what does the additional $108 million above the fiscal year 2018 budget request allow you to do in terms of advancing the project schedule? Dr. Skorton. Well, in our all of our behalf, again, I want to thank you, Mr. Chairman, and Ranking Member McCollum, and the entire subcommittee, for the confidence you have shown in us. You have very materially changed the way we looked at this project with this additional funding. This additional funding is allowing us in a very confident way to push ahead with the project. We are able to purchase materials--steel, glass, marble--and we are able to confidently begin to let subcontracts and to push ahead. We hope to do that in a way that will be efficient, that will minimize disruptions, and allow us to do this in as a quick a job as possible. The work is well under way on the project. One of the very things we have to do is prepare the specimens. As I mentioned in our past discussions, we are going to do this in two phases starting with the west part of the building, and move the objects or protect the objects, work on the reconstruction there, and then swap over to the east part of the building. In order to do that, we have to remove some of the artifacts. They are precious, irreplaceable artifacts. Some will be moved out to the Udvar-Hazy area near Dulles. Others will be protected in place in the Institution. So, that is well under way. And contractors are developing what we are calling a mock- up component to test performance of the exterior facade before it is put in place to last hopefully for a very, very, very long time. And it has also enabled contractors to begin to let subcontracts and lock in costs now against the possibility of inflation. So, again, I thank you. You have allowed us to take a different approach to this project and do it confidently, and do everything we can to make sure it does not get out of bounds on either schedule or cost. So, thank you. Mr. Calvert. You might want to fix your costs on steel. It may be going up. [Laughter.] Dr. Skorton. I am just a student of what is going on in our world, but we have terrific people watching it, and we have confidence in the bid process to keep us on budget. Mr. Calvert. And just a point on this. As you know, the building was completed in 1976. The development and the construction of that project are probably no longer with us today. I am hoping 42 years from now, that there is a better outcome than what we had in 1976. Dr. Skorton. Well, first of all, Mr. Chairman, nothing would make me happier than if you and I were both here 42 years from now. [Laughter.] I think that would be fabulous. You know, our terrific undersecretary, Mr. Al Horvath, who is sitting just behind me, he has guaranteed me that this will last a very long time and much, much longer than the original construction, and he is an enormously trustworthy man. And the reason that---- Mr. Calvert. I will hold him accountable---- Dr. Skorton. I will certainly hold him accountable, sir. [Laughter.] And the reason that I believe this will go better is twofold. One, very important, and I know I have mentioned this before, so please bear with me if I mention it again. The original project was done with the expectation that in equilibrium we would have about 2 million visitors a year. Seven months into the first year, we had already 5 million visitors, and we have over 7 million visitors a year, so the systems themselves quickly got worn out. And we have known for some years that we had to replace the systems, the HVAC, everything around them. But it got to the point now where since we are going to do the project in total, we would also replace the systems. So, we will do the work on the systems expecting and anticipating the very large visitorship that we now realize as part of our everyday life at that museum. And secondly, we have learned our lesson in terms of the facade, the marble facade, the cladding, and we will avoid any ways that were thought of, with all good intentions in the past, to maintain the overall envelope of costs for the project. We will spend the extra funds with your support to make sure that it is done in a way that it will last a very, very long time. So, we are very cognizant of that, and, again, I hope we are here 42 years from now to confirm that. Mr. Calvert. Great, I would hope we are. Ms. McCollum. Ms. McCollum. Mr. Chair, I will be 105. I might be there, but I will not be serving in Congress, I can guarantee that. PARKING Voice. The Senate. [Laughter.] Ms. McCollum. No, I have turned that down a couple of times. I love the House. I am going to ask you to get back to us on some questions that have come up about parking. Parking is at a premium, and you are having to do things down in the garage. In fact, Mr. Chair, we even toured the garage when we were there. So I'd like an update on how that is going or if there is anything we have to do working with Capitol Police or with the Architect of the Capitol to make sure that parking is working for everyone down there as you move forward. But what I wanted to talk on are two things. One is the deferred maintenance backlog, and if you could tell us how the fiscal year 2018 funding has helped you or not helped you with your 2019 project list. Give me a little update on the Zoo, and how you are going about prioritizing all this work with such a huge project that you are undertaking at the National Air and Space Museum. ARTS AND INDUSTRIES BUILDING I wanted to go back to something else that had been deferred maintenance that is not totally open yet and find out where we are, and that is the Arts and Industries Building. The building was closed for renovations for almost a decade before it was reopened in 2016. Part of the announcement that the Smithsonian had was that it was going to be a building for short-term exhibitions, and Rachel Goslins is the director that has been working on that. When you did the announcement and appointed her, you said that the building ``would be a place for educating and inspiring Americans about the impact of creativity and the innovation in our society, and will become a laboratory to try new things, new technologies, new approaches to better engage the millions of Americans visiting the National Mall and Smithsonian each year.'' And that is what you said, and I know that you did something very innovative with the building when we had the FolkLife Festival on the Circus Arts. Circus Juventas from St. Paul, Minnesota was performing in the space. And I will tell you, when people walked into that space, including myself and other Minnesotans that we directed down there, they had lots of questions about the history of that building, and how it was going to be used. The circus added a lot of energy in the building. [Laughter.] The energy in that building, the light and the colors and everything, is so different from anything else you experience on our Nation's Mall. But I am concerned because we have not heard about that much lately. You have got to your deferred maintenance backlog. You have got to the Air and Space Museum you are working on. So, could you fill us in, because my constituents are asking, including Circus Juventas at times when I see them, what are the next steps for the Arts and Industries Building, and are you having fundraising campaigns? What can we do to lend our voice and support as you build enthusiasm for this very special museum to make sure it is not forgotten on the Mall? Dr. Skorton. Thank you very, very much, Ms. McCollum. First of all, on the parking issue, I must say in every organization I have worked in and had the privilege to lead, parking has been a main issue, and it is certainly a big issue for us. And the change in parking availability related to the National Air and Space Museum project is a huge challenge. I do not have a complete answer for you today on that. We are working on it. We are looking for availability of other parking. Very concerned about serving our employees, and I pledge to keep in touch with you personally about this. DEFERRED MAINTENANCE On the issue of deferred maintenance and the omnibus spending bill, first, I want to repeat, and I cannot say this enough times, we are endlessly grateful to what you have done for us by helping us with the Air and Space project. It is the most visited museum in the world, and it is sorely in need of revitalization, as we call it. And so, we are very, very grateful. Having said that, there was the requirement, as you know, to reduce our facilities capital in other areas by a certain amount of money. I believe it was $24 million. And so, that has definitely caused us to defer, or to delay, or even reduce planned projects, as you mentioned, at the National Zoological Park, at Suitland at our collection center, at the National Museum of the American Indian, and other areas. I do not envy the decisions that you have to make, and none of this in any way clouds the gratitude that I and my colleagues feel. But we do need to keep our eye on the ball on other maintenance projects. Our amount of funding, which has been stable and for which I am very, very grateful, is about half of the amount that industry standards say we should be spending. We should be spending 2 percent or more of our installed base of buildings for maintenance. And we are asking in our request for fiscal year 2019 a $5 million increase in that aspect of the budget toward hopefully an eventual increase in deferred maintenance. In the meantime, we are keeping ourselves busy by having a very careful prioritization of those deferred maintenance projects using health and safety as our number one priority criterion, and then after that, thinking about the public interface and wanting to deal with the public in the best way possible. ARTS AND INDUSTRIES BUILDING In terms of the Arts and Industries Building, that building is the apple of our eye. It is a chance to do something different than we can do elsewhere on the Mall. Blame me for the long time it has taken to come to an announcement in public what we are doing. It is not Rachel Goslins. It is none of my colleagues behind me. I have been working to raise philanthropic money to kick us off, as you say, on a campaign. I have been spending a lot of time on it. I have high hopes that pretty soon I will be able to give some good news. I do not have that good news today. But should good fortune smile on us and we are able to move the philanthropy along, we will have in all likelihood four different types of activities in the building. Number one, we will have an area of focus, and it will most likely be about the future. The Smithsonian is very much focusing, as you know, on the present and the glorious past of our country as these beautiful artifacts show you. But we also think that the scholarly capabilities of the Smithsonian and the ability to tell stories should allow us to engage the public spirit and imagination about the future. So, that would be one aspect. Secondly, just as you mentioned, the idea of a place to try things as sort of an innovation lab for anything in the Smithsonian Institution. So, if a museum director, or a research director, or an education director wants to try another way of interacting with the public, this would be a great space to do that. Thirdly, we will continue to use that space for some special events as they come up. And then finally, so-called pop-up exhibits that other museums may want to do there, it is great to have that space. Make no mistake, though. The building will eventually need a complete rehab, and the day may come that we approach this subcommittee and ask about changing the priority of possible funding of that. But the first thing that I am committed to do is to see what we can do with private funding. And I have hopes that we can bring you some good news, and all I can do today is tell you that I am working on it. And do not blame Goslins, blame Skorton why we have not told you yet. Ms. McCollum. [Off audio.] Dr. Skorton. Thank you. NATIONAL AIR AND SPACE MUSEUM FUNDING Mr. Calvert. Mr. Joyce. Mr. Joyce. Thank you, Mr. Chairman. Doctor, it is nice to see you today. Dr. Skorton. You, too. Thank you. Mr. Joyce. You are not unlike other people who come before this committee where you have many problems chasing limited dollars. Can you describe the consequences you face if you fail to receive the funding needed in fiscal year 2019 for the Air and Space Museum project? Dr. Skorton. Thank you, Mr. Joyce, and it is good to see you again as always. Two years ago, I was asked what would happen if the country, for good and understandable reasons, was not able to support the project. And we would have to close the museum at some point because of the health and safety issues related to the cladding. You may notice that there already are some covered walkways in certain areas where we are concerned about a special vulnerability to the public should something actually move out of the cladding and fall, and so it is very, very, very important. However, I think you are asking me a tougher question, and that is what would happen, although you have already been generous with us and we are moving along, if you could not help us with the $127 million or keep things going. We would have to slow down the project to some extent. I think in the long run it would be our problem, but it would cost us more money to do that because of unavoidable cost increases. We do have fixed cost increases, of course, every year, and we are asking for some additional help with that in our appropriations request. But I think that the country would be served in the most cost-efficient way if somehow you could find in all the tough decisions you have to make a way to get to that $650 as quickly as possible. We believe that the more quickly we can get there, the more quickly not only can we give the American public essentially a new National Air and Space Museum, but we can avoid cost overruns which would put us in a situation that would force us to cut corners and go backwards on what the chairman asked me in terms of keeping this solid for a very, very long time. And then one other thing that I would mention is that other projects that we do need to do, as the ranking member mentioned, we view, I view, National Air and Space as so much by far our first priority that those other priorities would have to take a further backseat to this, which would be unfortunate because of the enormous visitorship in the other museums as well. Thank you for asking me that. Mr. Joyce. I understand that the physical plant, the HVAC, the other things in the facility, while in need of repair, that has all been held off to do the major redo, hopefully the major redo, and do all the upgrades at once, which is obviously wise. Do you have an expected life out of those systems? Are they near the end of their useful lives? Is the system about to break down? Dr. Skorton. Well, it varies with the particular system that you are talking about. We have known for some time that we would have to replace those systems. Some of them are getting closer to the point where it will be an urgent matter. And just as you said, sir, it is important, we thought, to try to do the whole project as one because that would be more cost efficient. And we also had another idea, which was the idea of the fabulous immediate former director of the museum, General Jack Dailey. And that was in addition to the systems, and in addition to the envelope, if you will, the roof, the cladding, the glass, the steel, that we want to give America 23 new galleries. So, we are in the process, I am in the process, of raising $250 million of philanthropic money to pair with the $650 million of public money. We are at about $70 million, a bit over a quarter of the way there. And I believe that the combination of your confidence in us and confidence in the importance of the museum has allowed me to raise money more vigorously on the philanthropic side because they say, well, we had a very difficult time in terms of Federal spending. The Federal government is investing in this. It must be a high priority. I, too, will want to invest in it. And I hope that it also shows you that we are taking seriously our responsibility to do everything we can to bring non-Federal dollars to the table as well. So, at the end of the day, we would have new systems, a new envelope, and 23 new galleries for the American public, and, as I mentioned, we are about $70 million toward that $250 million. And the Board of the National Air and Space Museum, which is peopled by some of the great leaders in the American aerospace industry, they are just a house on fire. They are just doing a fabulous job of not only themselves contributing funds, but helping to open doors for me so that we can get more people to do it. I am very confident that we will break the tape on that. Mr. Joyce. Our chairman, who is himself a wise man who is very frugal, our only codel last year was to your air and space facility where we got the chance to walk around and see all that you are doing. It is sad, but it is true unfortunately in this day and age, the need for security and what you would have to do to move things outside and change some of the structural features for how people enter and leave the museum for the safety of all concerned. That was not lost on me. NATIONAL ZOOLOGICAL PARK SECURITY Let us step to the Zoo. Can you explain to me what your plans are for any security upgrades there where people can walk in and out freely? Again, a lot of visitors, and there is no metal detection and, from what I understand, not even a skeletal police force. Dr. Skorton. Thank you for asking another tough and very important question, Mr. Joyce. So, one of the things that keeps me up at night other than various orthopedic issues is trying to thread the needle and find that sweet spot between security for our visitors, for our staff, for our volunteers on the one hand, and openness and access. You will find that recently during spring break and during the crush of humanity to enjoy the Cherry Blossom Festival, that just before opening time the lines to our museums and the Mall were huge, sometimes around the corner going around the block. And the reason those lines are long is two reasons. One is that a lot of people want to enjoy these museums, and it is very, very gratifying, 25 million visitors last year. But the other reasons is that Mr. Horvath and others, the head of our Office of Protection Services, a wonderful professional, Jeanne O'Toole, in trying to find a way to thread that needle have had to up our game in security. America expects us to give them a safe environment. And our biggest challenge in that regard is the openness of the National Zoo. And Mr. Horvath, and I, and Officer O'Toole are spending a lot of time trying to find the optimal solution for that which would allow openness, allow people to enjoy the open environment of the Zoo. Clearly, we have work to do to optimize that as we do everywhere throughout the Institution. So, I am very glad, if you wish, to bring more detailed and granular details to you. I would be honored to talk to you about it or to anybody on the subcommittee, as would Mr. Horvath, as would Officer O'Toole. Mr. Joyce. Great. Thank you very much. Thank you, Mr. Chair. Dr. Skorton. Thank you very much. Mr. Calvert. Ms. Pingree. Ms. Pingree. Thank you. Thank you, Mr. Chair. Thank you, Dr. Skorton, for being here today---- Dr. Skorton. Thank you for having me. Ms. Pingree [continuing]. And for bringing these wonderful treasures and your team with you, and for the great work you do to protect this national treasure, and expand it, and keep it alive, and everything else. It is a big job. EXPANDED OUTREACH Dr. Skorton. Thank you so much. Ms. Pingree. It is what makes Washington, D.C. a wonderful city to visit and a great place for families, and we see that in this time of the year where it is just crowded everywhere, so that is good. I want to take a slightly different tack about some of the outreach that you do. I am very pleased to see that your 2022 strategic plan includes an ambitious vision for expanded outreach, and I know I have learned a little bit about that before, coming from a State like Maine with limited resources. Yet we have also seen how arts and humanities have really turned around some of our communities that have lost an important mill, or fishing has become less profitable, or something else that really is an important part of the economy. I would just like to hear more about your goal, about what is available today, what programs are being taken advantage of, and what we could do more to promote them. Dr. Skorton. Thank you so much. Thank you for your kindness. And if I might just digress for just a quick moment, you see the treasures before you on the table, and people have given me a lot of credit today. But the other treasures that we have that really make the place work are the people behind me. Those in the row immediately behind me and the 17,000 behind them. So, thank you very much for your kindness. And thank you for opening up the topic of outreach. Please cut me off if I blab too long. This is very, very close to my heart. So, we are going to pursue outreach in two different directions that are quite disparate. One is we believe that every nonprofit owes extra effort to its hometown, so to speak. And so, we are going to reach into the City of Washington in many ways, and I mentioned already that we are going to reach out to every K through 12 student in the D.C. Public School system. And I have a Youth Advisory Council that is comprised of D.C. teenagers as well as those from five other communities in the eastern half of the country. I met with them yesterday evening. And I think that outreach to young people in town is very, very important. Now, in terms of national and international outreach, we have multiple mechanisms, and I will just quickly outline a couple of them, not to go on too long. We have 216 affiliate museums. We are in 46 States, Puerto Rico, and Panama. These affiliates are owned and operated locally. They are not formally part of the Smithsonian, and we do not request funding for these museums. But we share expertise. We share experts. We share on occasion collections. And we learn from them as they learn from us, and I want to give you one example of one of the things we are doing that links to the second, and that is the Traveling Exhibition Service. We are coming up to a major celebration, 50th anniversary of the moon landing next year in 2019. And we are going to take the moon capsule and send it around the country. Those of you who were around then, and I was---- Ms. McCollum. I was. Dr. Skorton [continuing]. Remember that NASA did a victory lap the year after the moon landing and took that all over the United States. And we are going to do a mini-Smithsonian version of that victory lap and take it to five cities. It is going to end up on the actual day of the commemoration at one of our affiliates in Seattle, the Museum of Flight, which if anybody happens to be in Seattle is a breathtaking, fabulous museum. And so, we are going to combine those two kinds of outreach, affiliate outreach, and the outreach of the Traveling Exhibition Service. Then there is a subset of the Traveling Exhibit Service, which I am very proud of having lived in small towns for much of my life, and that is the Museum on Main Street Program that reaches out to rural communities. And so, a very small community. We have one outreach to a community with less than 800 population. They can have a Smithsonian exhibition in their town thanks to the Museum on Main Street Program. I thank you, Ms. Pingree, for bringing up the issue of the arts and humanities. I am a physician and a scientist, and yet I believe our most profound societal problems are not going to be solved by science alone. It is necessary, but not sufficient. And we emphasize and have enormous expertise-- enormous expertise--in the arts and humanities in art, culture, history, anthropology, and so on. And I think the arts and humanities are unbelievably important for us to understand ethics, to understand ourselves and the world around us, and to understand what it means to be fully human. And if I can digress one more moment, on May 7th, I will be at a press conference at the National Academy of Sciences. As an individual I chaired a study for the National Academies about reintegrating the arts and humanities and the sciences in higher education, and I would very much appreciate any feedback members of the subcommittee have when learning about that. It is a big issue for the higher education community. So, thank you. Outreach is a big, big deal for us. Ms. Pingree. Great. Well, thank you very much for what you do and for explaining a little bit more about that to me. Thank you, Mr. Chair. NATIONAL CAMPAIGN Mr. Calvert. Thank you. Some discussion about your ambitious multiyear campaign that you have been going through for the last number of years to raise money. I am curious, what was the initial goal of the campaign, and how much have you actually raised so far? How soon do you think you will be able to raise the balance of those funds? Dr. Skorton. Thank you. Well, I have the great privilege of doing a lot of fundraising for a lot of different kinds of organizations--community organizations, faith-based organizations, you name it. And coming to the Smithsonian, Chairman, I wondered without a football team that I know about--I am still learning about Smithsonian. But without a football team and without alumni in the usual sense, would people be generous to the Smithsonian, especially knowing the generosity of the U.S. Congress. And it is breathtaking-- breathtaking--what this campaign produced. The goal originally was $1.5 billion. I take very little credit for this campaign. It was kicked off by my wonderful predecessor, Dr. Wayne Clough, and the American public helped us blow by that goal. We reached $1.88 billion, and two statistics I would like to share with the subcommittee that I am very proud of. One is that 93 percent of the gifts in the campaign were a hundred dollars or less. Mr. Calvert. Wow. Dr. Skorton. Ninety-three percent of the gifts were a hundred dollars or less. So, a lot of people who have their heart in the right place with limited capacity were able to be a part of the Smithsonian. One example of that is the National Museum of African-American History and Culture. When it set up a membership program, the entry-level membership was $25. So, quickly about a hundred thousand people were able to say to themselves and be members of this museum. The other end of the spectrum is that 356 people gave a million or more each, so we got to $1.88 billion, and we are going to continue to do very robust fundraising. Again, I return to the National Air and Space Museum project, that is going to be, again, like the whole Smithsonian throughout its history, a public/private partnership. And that is why we are so devoted to raise and even exceed that $250 million. Mr. Calvert. Great job. Ms. McCollum. Ms. McCollum. Thank you, Mr. Chair. I am glad Ms. Pingree asked about the creativity aspect of it because we talk about a lot about STEM here in Washington, D.C. But when I am at home in Minnesota, we talk about STEAM because we add the arts---- Dr. Skorton. Yes. Yes. Ms. McCollum [continuing]. Because all the wonderful things that you brought today had either a connection with the humanities or the arts---- Dr. Skorton. Yes. SOUTH MALL CAMPUS Ms. McCollum [continuing]. Whether it is standing up for women's rights as the gavel does, or the music is arts and humanities, and then some of the engineering and science that we see. Our higher education institutions--and I am proud to have 22 of them in my district--we are the envy of the world with our higher education because we do have that creativity, that thinking outside of the box. But I am going to back to bricks and mortar because that is pretty much what the chairman and I are trying to figure out how to make work for you. It sounds like you spend all your time fundraising, and I know you do not because you are very on top of the day-to-day management. But I am going to ask about the South Mall campus. You have been working on a redesign for several years now, and for those who might not be familiar with where the South Mall campus actually is, it is the Castle, the Hirshhorn, the Freer, and then the Arts and Industries Building which I was asking about before. There are several gardens that connect with the pollinator garden on the other side of the Mall as well. The master plan has really changed since the original concept in 2014, and you are working your way through a planning process, and the comment period on the programmatic agreement closes in May. Can you update us a little bit on how this project is going, what your estimated cost of the master plan might be, and the timeframe? You did not request anything in this year's budget for it, so that is why the curiosity has gotten to me on this. Maybe it is because you are waiting for it and we are going to have a big ask in the next budget. Bottom line is, I know you are out there privately fundraising for a lot of things, but what your public/private match on the South Mall campus? Dr. Skorton. Thank you. Very, very important set of questions. Let me first start by just reminding myself and all of us what a master plan is. It is not a specific project that is ready to bring to the subcommittee or ready to bring to a planning commission. It is a general concept of where we have to get, a general destination for changing things. And we need to do some rethinking of the visitor experience and the entire South Mall area; how people can approach these museums from the Mall side from Jefferson Drive, how they can approach from Independence, how they interconnect with each other; how we load things, stuff that goes to the different areas, how many loading docks we have; how we have the support functions, the systems, electrical and so on for the entire area. And that was part of the idea of having a master plan, again, that I give the credit to Mr. Horvath and to Wayne Clough. Now, we have gone through several alternatives, as you mentioned, and the plan has evolved. We have settled on Alternative F as a specific way that we think the master plan should go. And I did not come today prepared with a lot of details or schematics about the master plan, but I am very glad to follow up at your request with you personally or with the subcommittee to remind you exactly what Alternative F is. I have heard more about the Haupt Garden than anything in this project, and I am very glad to have heard it, and I appreciate that you mentioned a pollinator area. To burden you with one piece of personal information, my wife and I are beekeepers, and I have been stung more than she has, but that is my clumsiness. But I am very, very engaged with the garden. And we had a schematic done by the architectural firm that we engaged to help us with the master plan, a schematic when it first came out that showed something pretty specific about what the Haupt Garden would look like. And in retrospect, I think we should not have had such a specific thing because we are not anywhere close to having specificity. I will tell you three things about the gardens in that master plan. Number one, we are absolutely positively committed to have at least as much garden space and probably more than we had before. Number two--number two--we are absolutely committed to make sure that the ambience of the garden and the way people can interact with it is reminiscent and evocative of the wonderful sense that people get going out there, including myself. My immediate office window and the office window for my support staff looks right out on the Haupt Garden, and I go out there frequently on some pretext just to get a little taste of that garden. But thirdly, it is a roof garden and it is leaking, and something does need to be done to redo the structure so that it will not leak on the areas below. And so, like the question that was asked about doing the systems for Air and Space, and the cladding, and the galleries, in this way as well, we want to tackle it in a systematic fashion that will allow us to do the right thing by the roof leak, do the right thing by the garden and the many, many people who love the garden, including me, and also do everything else that we need to improve for the long term the experience. We are not prepared to give you anything like a specific number today. It will be in excess of a billion dollars by the time all is in. The Castle itself is a very, very big, big project that we have to get to at some point, and we are glad to develop a briefing if you like just on the master plan and share details with you. But we are interacting carefully with the public bodies that are involved in approving aspects of it and very glad to come back and share more details with you. ENERGY SAVINGS AND SUSTAINABILITY Ms. McCollum. Mr. Chair, there is nothing more controversial than what someone's garden should look like because we all have our own vision. As a person who lost having a whole yard to garden down to a window box, which gets changed frequently I might add, I appreciate what you are saying about the focus all became on the gardens there for a while and not everything else. I think when you are looking at whole systems and replacement of HVACs and that, as Mr. Joyce put up, what would be helpful for the committee when we are looking at that would be to see the savings in doing the duct work right for the first time for what systems are going to be in the future, because sometimes duct work radically changes. Dr. Skorton. Yes. Ms. McCollum. And it can change the space inside of a building and how you can use that. And then the energy savings that you potentially see. I know when you mentioned having the right systems in place for the number of visitors that are in there on a hot day, or a cold day, or a humid day. It makes a huge difference, but along with that comes energy savings---- Dr. Skorton. Yes. Ms. McCollum [continuing]. Which will not take your bottom line down, but will help with inflation and increased costs into the future. I think sometimes letting us know some of that, that it has all been thought out would be very helpful not only to us, but the public who might have a question on that. Thank you, Mr. Chair. Mr. Calvert. Thank you. Dr. Skorton. If I may just comment quickly, and I will make it quick. Mr. Calvert. Sure. Dr. Skorton. Thank you for bringing those items up. I will pledge to you that Mr. Horvath and I will develop a specific briefing related to the two matters that you brought up, especially sustainability and energy savings. It turns out that we are engaged in a very significant initiative for that. Coming up in just a few days we are going to be celebrating LEED certification of the National Museum of African American History and Culture, and we have a LEED certification of the Anacostia Community Museum and other parts of our campuses. And it is very, very important to us both from the point of view of doing the right thing, but also, as you say, for long-term cost savings. So, we will develop a briefing for you. Thank you. Mr. Calvert. Mr. Joyce, do you have any additional questions? Mr. Joyce. Thank you, Mr. Chairman. I have no more questions, but for the record, I want to say that we traveled back and forth to the Air and Space Museum in the chairman's lovely automobile. [Laughter.] Dr. Skorton. I will not comment on any interactions among the committee members. I will just stay out of it. [Laughter.] Mr. Calvert. I am a fellow beekeeper. Dr. Skorton. Oh, my goodness. Mr. Calvert. It reminds me Einstein once said, ``the quickest way to destroy the human race is to destroy the bees''. Dr. Skorton. Yep. COLLECTIONS MANAGEMENT Mr. Calvert. One last question on the preservation of collections. That is one of your most important roles is to strengthen the preservation and care of these objects that are before us. Your fiscal year 2019 budget request continues this effort by including $69.8 million within the salaries and expense account for strengthening the Smithsonian collections. Now, this is of great interest to members. Can you describe the efforts taken in recent years to improve preservation and care for the Smithsonian collections, and what does the proposed funding in the budget request allow you to do in the coming year? Dr. Skorton. Thank you. So, we are taking a very systematic approach to this, and it has multiple components, and I will try to be brief. It is a very involved issue. As time goes on and as we expand to reach a billion people a year which is our goal, and as we do a better job of telling the story of women in America, Latinos in America, and everyone, we will certainly add to this already staggering size of the collection. So, we really have two sets of issues. One set of issues is how do we protect these absolutely irreplaceable objects? There is no coming up with another watch that clocked the first human flight, and so we are doing that in a systematic way. And as you are aware, Mr. Chairman, and I very much appreciate you bringing it up, not all of our collections storage and preservation areas are up to the standard that we believe they should be. We are about a third of the way toward design of Pod 6, which we mentioned before, and hopefully the time will come that we can get some assistance to make Pod 6 a reality. But one area is having the approach, and one area is having the actual space to do it. The second issue will be for new collections that come in, and we will have more collections even in addition to the staggering number that we have now. It is hard to predict what our needs will be for collections management until we know what those objects are. And so, 140 million plus of our objects are biological specimens, and that obviously requires one certain type of collections environment. And then the Enola Gay, or these papers, or Dizzy Gillespie's trumpet require a different type. They all require careful protection from the elements. They all require temperature and humidity controls of various types. And we are utilizing those funds to move along in a systematic way to upgrade the facilities that we have and continuing design work that you have supported for us toward a day where we have Pod 6 online. Thank you for asking that. Mr. Calvert. I have always been intrigued on your inventory system that you must have. I always remember the movie, Indiana Jones, where they had the Ark of the Covenant, and they were boxed in the back of a warehouse someplace. I know, in great specificity, that you know everything that is in these warehouses. Is that correct? Dr. Skorton. I did not hear you. You are breaking up, so. [Laughter.] I will tell you that they let me do some backstage stuff, as you can imagine, and when I get there and I start sort of noseying around the drawers, in a very polite, respectful way they say, why don't you sit over there, we will just bring the stuff to you. But thank you. It is very much like the movie. [Laughter.] Mr. Calvert. Thank you, and if there are no additional questions, we are adjourned. Thank you. Dr. Skorton. Thank you very much. Tuesday, April 17, 2018. INDIAN HEALTH SERVICE WITNESS REAR ADMIRAL MICHAEL D. WEAHKEE, ACTING DIRECTOR, INDIAN HEALTH SERVICE, WASHINGTON, DC REAR ADMIRAL MICHAEL TOEDT, CHIEF MEDICAL OFFICER REAR ADMIRAL (RETIRED) GARY HARTZ, DIRECTOR, ENVIRONMENTAL HEALTH AND ENGINEERING ANN CHURCH, ACTING DIRECTOR OF FINANCE AND ACCOUNTING Opening Remarks of Chairman Calvert Mr. Calvert [presiding]. Good morning, everyone, and welcome to the House Appropriations Committee oversight hearing on Indian Health Service budget for fiscal year 2019. We are joined this morning by the acting director of IHS, Rear Admiral Michael Weahkee; chief medical officer who will be here shortly, Rear Admiral Michael Toedt; and director of environmental health and engineering, Rear Admiral Gary Hartz; and the acting director of finance and accounting, Ms. Ann Church. Thank you all for being here today and your dedication to the mission of Indian Health Service. As stated by Congress in the permanent reauthorization of the Indian Health Care Improvement Act, ``It is the policy of this Nation, in fulfillment of its special trust reps and legal obligation to Indians, to ensure the highest possible health status for Indians and urban Indians, and provide all resources necessary to affect that policy.'' The National Indian Health Board estimates that the full needs-based budget for Indian Health Service is $32 billion in 2019. The current fiscal year budget is $6.9 billion, and comprised of $5.5 billion in discretionary appropriations, and $150 million in mandatory appropriations, and an estimated $1.2 billion in collections from Medicaid, Medicare, and other sources. The administration proposes $114 million net decrease in appropriations for the IHS in 2019. While some of the specific proposals may have merit and warrant further consideration by this subcommittee, I think it is safe to say that an overall cut to the Indian Health Service budget continues to be a non- starter for this Congress. This subcommittee will continue to place the Indian Health Service budget among its highest priorities for 2019. Over the past 8 years, the IHS budget as a percentage of total billed has grown from 13 percent in 2010 to 16 percent in 2018. Over that same period, the IHS budget has increased by $1.5 billion and accounted for half of the total growth of this bill. We are very proud of our work, but we recognize that very much more needs to be done. In its latest facilities needs assessment report to Congress, the IHS estimated that any facility built in 2016 will not be replaced for 400 years. An estimated 92,354 patient referrals for services only available outside the IHS system, costing an estimated $424 million were denied or deferred due to insufficient funds in 2016. Perhaps no other statistic sums up our challenge more than this one. The average life expectancy for American Indians and Alaska Natives is 4.8 years less than any other group of people in the United States. The IHS user population is estimated to increase by 56,189 patients in 2019 costing an additional $185 million. Pay costs across the IHS system in 2019 are an additional $47 million. Inflation costs are an additional $80 million. Contract support costs are an additional $104 million. Six new or expanded facilities are scheduled to open in 2019. Come on in, gentlemen. We are just starting---- Rear Admiral Weahkee. We apologize, sir. Mr. Calvert [continuing]. My opening statement just to save some time. I appreciate it. I understand the crowds out front. Including three constructions via the Joint Venture Program. Meeting the Federal government's obligation to staff these facilities is an additional $159 million. Added together, fully meeting the Federal government's contractual obligations and maintaining current levels of service in 2019 are estimated to cost an additional $575 million above 2018. The magnitude of the challenge before us is enormous and is on par with the wildland fire funding challenge that this subcommittee has been battling for the last several years until recently, until we have finally found, I hope, the final solution. That is why like fire funding, the Administration and Congress need to continue to consider every option and strategy providing high-quality healthcare to the American Indians and Alaska Natives, and fulfilling the commitments made by our predecessors. I look forward to continuing that discussion today and in the days ahead. Before turning to Rear Admiral Weahkee for his opening testimony, I am pleased to yield to the subcommittee's distinguished ranking member, Betty McCollum, for any opening remarks. Opening Remarks of Ms. McCollum Ms. McCollum. Thank you, Mr. Chair. I look forward to you and I having a productive hearing. I would like to welcome our witnesses, and I hope when we discuss the budget that you will be able to share your insights and impact of having acting directors since 2015 and the effect it has had on this Service. So, I especially look forward to hearing from you, Admiral, on this. Every year in this hearing, I focus on the stark contrast between the health of Native Americans and Native Alaskans and the rest of the population of the United States. The contrast is clear between the way that these two special groups that we have treaty obligations with are treated differently. Their disparities include lower life expectancies, higher rates of heart disease, cancer, diabetes, even tuberculosis, and substance abuse disorders. Additionally, suicide rates are 4 times higher than the national average, and suicide is the second-leading cause of death for Indian youth. Like all health outcomes, these disparities have complex roots, but one of the fundamental causes is the severe under funding of the Indian Health Service. In recent years, this subcommittee has worked together to make a nonpartisan effort to increase funding for IHS even while operating under very constrained allocations. In the fiscal year 2018 omnibus, Congress provided $5.5 billion for Indian Health Service, but disproportionately, President Trump's fiscal year 2019 budget request proposes to cut that amount by $263 million. This reduction would set back the progress we are making to improve healthcare and diminish the health disparities I just mentioned. Our goal today is to understand the Indian Health Service's challenges and to look for ways that we can work together towards solutions. Funding for the Indian Health Service has been an area of broad bipartisan cooperation, and this subcommittee has provided increases to Indian Health Service appropriations over the last several years. Longstanding issues in the Great Plains region, which is adjacent to Minnesota, are a clear example that more needs to be done. We cannot have Indian Health Service hospitals losing their certification and placing their patients at risk. So, today I hope you will be able to discuss the steps you are taking to improve the quality of Indian health services you provide, explain how you are addressing maintenance and backlog to improve our healthcare facilities, and tell us what you are doing to strengthen the organization and improve staff recruitment and retention. I hope you will also address several troubling proposals contained in the fiscal year 2019 budget. I am greatly concerned by the elimination for funding health education, community health representatives, and tribal management. Additionally, I oppose the budget's proposed 42 percent reduction to health facilities maintenance construction. Over two-thirds of American Indians and Alaska Natives are urban Indians, and the services provided by urban Indian health programs are critical to address the economic and health disparities urban Indians experience. I am concerned that the fiscal year 2019 budget proposes a 6 percent funding reduction from the fiscal year 2018 omnibus, with the number of programs about to increase from 33 to 40. This Administration should be asking for an increase to support these centers, and I hope we will have an opportunity to discuss it today. I am also incredibly disappointed at the Administration's proposal to shift the Special Diabetes Program from mandatory to discretionary. IHS' discretionary accounts are already struggling to provide vital healthcare services and preventative healthcare. Not utilizing the authorized mandatory funding, in my opinion, is just another gimmick that makes the White House appear to have some fiscal responsibility, even as the White House continues to explode annual deficits by trillions of dollars with policies such as the Republican tax bill. As this Nation, a prosperous Nation, here in the United States, we should be working together to build a stronger America for tribal nations and to eliminate disparities between the better health outcomes enjoyed by most Americans and the persistent health problems within Native American and Alaska Native communities. We must make smart, sustainable investments throughout Indian Country to bridge those gaps. We need to find comprehensive solutions, holistic approaches to address health, education, and the quality of life, the needs of Native Americans. Unfortunately, this proposed IHS budget will not help us achieve that goal. So, I look forward to working with my subcommittee chairman and the other members of this subcommittee so that we craft a bill that appropriately funds IHS. We have a moral and legal responsibility to Native Americans, and we fall short. It is not just a violation of treaty agreements that we hold with Native Americans, but it is a violation of the trust that we should be sharing together. Mr. Chairman, I thank you for holding this hearing today. I look forward to working with you on these important issues and doing our part to build healthy tribal communities. I yield back. Mr. Calvert. I thank the gentlelady. And, Admiral, you are recognized for your opening statement. Opening Remarks of Acting Director RADM Michael Weahkee Rear Admiral Weahkee. Good morning, Chairman Calvert, members of the subcommittee. I am Rear Admiral Michael Weahkee, acting director of the Indian Health Service, and I thank you for your support and for the opportunity to testify on the President's fiscal year 2019 budget. This budget advances our mission to raise the physical, mental, social, and spiritual health of American Indians and Alaska Natives to the highest level. The Indian Health Service provides health services to approximately 2.2 million American Indians and Alaska Natives from 573 federally-recognized tribes across 37 States. The President's fiscal year 2019 budget proposes $5.4 billion in total discretionary budget authority for the IHS, and this is an increase of $413 million above the continuing resolution, which was the comparison level at the time the budget request was developed. The budget reflects the Administration's strong commitment to Indian Country by protecting direct clinical healthcare investments. It increases IHS' discretionary budget authority by 8 percent. In order to prioritize direct clinical healthcare services, the budget proposes to discontinue the Health Education Program and the Community Health Representatives Program. The budget request includes $58 million to address accreditation emergencies within IHS and improve quality of care; $955 million for the Purchased and Referred Care Program; $80 million for the construction of two facilities on the healthcare facility construction priority list; $159 million to staff six new or replacement healthcare facilities, including three joint venture projects; and an estimated $822 million for contract support costs which remains a separate indefinite appropriation to guarantee full funding. The Indian Health Service remains committed to addressing behavioral health challenges, including high rates of alcohol and substance abuse, mental health disorders, and suicide in native communities. The proposed budget for these services is $340 million. Further, the budget provides $10 billion in new resources across HHS to combat the opioid epidemic and serious mental illness. As part of this effort, the budget includes $150 million for IHS grants based on need for opioid abuse prevention, treatment, and recovery support in Indian Country. The Special Diabetes Program for Indians is instrumental in improving access to diabetes treatment and prevention services in Indian communities. Diabetes-related health outcomes have improved significantly. The long-time trend of increasing rates of diabetes ended in 2011, and we have observed a 54 percent decrease in new cases of kidney failure due to diabetes among native adults. And the budget continues funding for this program at $150 million. We are working aggressively to address quality of care issues across our system, and in spite of ongoing challenges involving recruitment and retention of providers, aging infrastructure, and rural health facilities, today we are able to report progress. The Pine Ridge Indian Hospital is back in compliance with the conditions of participation for emergency services. The hospital is now in a reasonable assurance period pending a full survey to determine if it has maintained its compliance. The Rosebud Indian Hospital satisfied the requirements of the Systems Improvement Agreement with CMS in September of 2017, and we are now awaiting a re-survey at that site as well. We are also addressing concerns in the Navajo area at the Gallup Indian Medical Center. Both the Joint Commission and the Centers for Medicare and Medicaid Services surveys found the hospital emergency department to be out of compliance with their standards and conditions of participation. We moved quickly to address those findings, and efforts to restore accreditation of all services surveyed by the Joint Commission continue. The facility must now undergo a full CMS survey to ensure Medicare Program compliance. We have achieved progress in the areas of oversight and management of quality, and some key accomplishments include: credentialing and privileging policy and process modernization, development of a standardized patient experience survey, and the establishment of primary care patient wait time standards. I am proud of the efforts and the commitment of the staff for the progress that has been made so far, and we are firmly committed to improving quality, safety, and access to healthcare for American Indians and Alaska Natives. We appreciate all of your support, and we are happy to answer any questions that you may have. [The statement of Acting Director Weahkee follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] PER CAPITA SPENDING Mr. Calvert. Thank you. Thank you for your testimony. As recently as 2015, the Indian Health Service published an annual chart comparing per capita spending on IHS patients against other Federal programs and the nationwide per capita average. In 2015, the nationwide average was roughly $8,500 while the IHS average was $3,100. In the National Indian Health Board's update for 2017, the IHS average is up slightly at $3,300, but is not keeping pace with the nationwide average of $9,200. Here is the question. Is the National Indian Health Board's assessment of the increasing trend in per capita spending on IHS patients consistent with the Indian Health Service estimate? Rear Admiral Weahkee. Thank you for that question, Chairman. The IHS has updated our charts for 2017 and have validated the numbers that the National Indian Health Board has published. Those numbers are valid and in line with our own projections. Mr. Calvert. Is it accurate to conclude then that the per capita spending on IHS patients is on the rise because of increases in appropriations for the Indian Health Service have outpaced fixed costs, inflation, and population growth? Rear Admiral Weahkee. Thank you, Chairman. The Indian Health Service very much appreciates the increases to the Agency's budget over the last 10 years, and we have seen some significant improvements as a result. I do want to identify however, that the Agency's budget was significantly underfunded, and it would take quite some time to make up for the lost revenues, lost third-party revenues, and with inflation being taken into account. At the current pace, we still have a lot of room to make up. We are also still contending with the 2013 sequestration that took $220 million out of the IHS direct service base budget, so we appreciate the funding increases. However, there is a lot of room yet to make up. Mr. Calvert. OK. I will wait until the second round for my next question. With that, Ms. McCollum. Ms. McCollum. Mr. Chairman, as you know, there are many hearings at the same time, so with your permission, I would like to yield to Mr. Kilmer. Mr. Calvert. Mr. Kilmer. DISCRETIONARY FUNDING Mr. Kilmer. Thank you, Chairman, and I thank the ranking member for the courtesy. American Indians and Alaska Natives are substantially more likely to be diagnosed with diabetes than the general population. The Special Diabetes Programs for Indians, provides funding for diabetes treatment and prevention to approximately 301 Indian Health Service tribal and urban Indian health programs and the program is authorized through 2019. First, why does the fiscal year 2019 President's budget propose to shift funding from mandatory to discretionary spending, and can you speak to what impact that shift to discretionary will have on the Indian Health Service's ability to fund other programs? Rear Admiral Weahkee. Thank you, Congressman. With regards to the proposal to move SDPI from mandatory to discretionary, this is part of a greater Administration policy decision, not only looking within the Indian Health Service at our current mandatory line which is SDPI, but at all the MACRA extenders and moving those out of the mandatory into the discretionary to provide the Department with greater flexibility in identifying its priorities. So, we are kind of caught up, in this program specifically, in that greater Administration policy decision. Mr. Kilmer. Do you see it impacting the other discretionary programs under IHS? Rear Admiral Weahkee. When programs are lumped together, there are decisions that have to be made, and I have heard from tribal leaders in consultation that there could be some unintended consequence of that move. The ability to plan for grants, the requirement to have to deal with continuing resolutions are a couple of examples that were put out early. So, when it comes to competing priorities, there will be hard decisions that would need to be made from time to time. URBAN INDIAN HEALTH PROGRAMS Mr. Kilmer. Thanks. The number of urban Indian health programs is slated to jump from 33 to 40 this year. And I am curious how your Agency will support those additional programs given the proposed funding cut to the Urban Indian Health Program line item. Rear Admiral Weahkee. Thank you, sir. With regards to the urban health programs that are slated to be added to the Urban Indian Health Program line, this is actually an administrative movement. We had those programs currently funded out of our Alcohol and Substance Abuse Program. They are NIAAA programs that are being realigned administratively over into the Urban Indian Health Program line. So, the funds will come with them. CARE COORDINATION AGREEMENTS Mr. Kilmer. OK. The ITU System of Care should be expanding its specialty care network through the use of care coordination agreements which allow tribal 638 facilities to contract directly with providers to deliver healthcare services. And these agreements are powerful tools to help support expanded access to specialty care in Indian Country. Can you just discuss the role that you and the IHS have played in helping ITU develop care coordination agreement templates so that they can enter into an existing specialty care network? Rear Admiral Weahkee. Thank you, Congressman. With regards to care coordination agreements, the majority of this work has been facilitated in the field as each of the individual states have different rules. And we do have frequent meetings here at the national level with the Centers for Medicare and Medicaid Services. Dr. Toedt meets at least once a month with our counterparts at CMS. Also, at the Department level we have meetings, administrator to agency director, to discuss items like care coordination agreements. So, I would say at this point that a lot of that work is going on with our area directors and with our service unit leadership. Dr. Toedt, anything you would like to add since you have been our lead in discussions with CMS? Rear Admiral Toedt. Thank you, sir. So, care coordination agreements are mutually beneficial. They provide much-needed access to care, and they also provide better care coordination for our patients. So, we encourage them. We support them. We have had meetings to facilitate with our area directors, with CMS. I recall the most recent meeting I had was in the Great Plains area where we were discussing how to expand care coordination agreements in South Dakota. But we support them across the Nation. Mr. Kilmer. Thanks. I yield back. Thank you, Chairman. Mr. Calvert. Thank you. Mr. Simpson. Mr. Simpson. Thank you, Mr. Chairman. I thank you for being here, and I thank you for the work that you do. As has been mentioned, Indian healthcare has been a bipartisan effort in this committee trying to find the resources to do what we need to do. And Ms. McCollum said, it is both a trust and a moral responsibility that we fund Indian healthcare. And the last several years, it is kind of interesting, we have focused on increasing the quality and availability of healthcare to Native Americans. We have done somewhat at the expense of not focusing on some other needs on reservations, whether it is law enforcement, or education, and those types of things. And those are areas that I know that the chairman has been focused on over the last couple of years, how do we do all of these things. It is a tough nut to crack, but it is something that we have to do. As I said, it is a moral responsibility for all of us. GREAT PLAINS I was glad to hear that Rosebud and Pine Ridge are apparently getting their certifications? Rear Admiral Weahkee. We are moving in the right direction, sir. Mr. Simpson. Are there any other factors? I mean, we went to several of the reservations in South Dakota. Rosebud and Pine Ridge were, I would say, behind the Cheyenne River Sioux, and the Standing Rock, and some of the others in the quality of their care. Are there other factors that have led to this? Is it management? Is it other things that need to be corrected? Rear Admiral Weahkee. Thank you, Congressman Simpson. I had the opportunity to spend 5 months, as did Dr. Toedt, in Rosebud helping to work on the issues that were impacting that particular hospital and have made several visits to Pine Ridge since coming into the acting role. And where I think that the work and efforts should be focused is on social determinants of care, so issues that are impacting the entire community prior to them coming into the healthcare setting, like job availability and economic development, availability of safe housing, healthy foods availability. Some of the items that you have mentioned that do need attention as well: schools, increasing access to better education. So, dealing with those social determinants are important and would result in less demand for service on the healthcare system in general. CREDENTIALING Mr. Simpson. Talking about that, I ask this question almost every year. It is about centralized credentialing. It is a question, as I said, I ask each year. Having been a former dentist, I know that it is a barrier to getting providers out to reservations, and that is one of the big challenges we face. How do you get providers to go out there, how do you find a place for them to live? Some of these places are pretty remote and pretty desolate actually. How is it going, and have you seen improvements in providers at IHS facilities? And I understand that the current breakdown is getting providers credentialed occurs at the local and regional level. How will the new centralized credentialing system address this problem? Rear Admiral Weahkee. Thank you for the question, and I am happy to report that we do now have all of our Federal sites on a centralized credentialing system. They are all using the same software and entering information in the same manner. This provides us with some level of portability of those records from site to site, so we can expect to see over time that the amount of time that it takes to credential and privilege providers should decrease because of these efficiencies. Dr. Toedt actually chaired the implementation of this particular policy and centralization, so I would like to ask him if he could add some additional insight. Rear Admiral Toedt. Happy to do so. The rollout of the centralized credentialing was a key recommendation from you, and we took that to heart. This was a project that took a lot of effort, but we were successful in having all of our Federal sites now having all of our providers credentialed in a single database. We do still require privileging at each individual site. The privileges have to match the capabilities of the facility, so there is still that decision-making part. We also made sure that we are not sacrificing any element of safety because credentialing is the cornerstone of safety to protect our patients and make sure that all of our providers are fully qualified. But I am happy to report that the single credentialing system is in place. STAFFING Mr. Simpson. Do you have any idea how many vacancies we have for providers? Rear Admiral Weahkee. We do have great tabs on all of our providers, not only by provider, but provider type. So, in terms of percentages for physicians specifically, we are in the 34 percent range. Advanced practice nurses, about that same level. Physician Assistants, a little bit better, but still right at about 29 percent. So, we do have still have significant challenges with filling these vacancies, and we are making up for it by the use of very costly contracts. Mr. Simpson. Thank you for what you do. We look forward to working with you to try to solve some of these problems in the future. Thank you, Mr. Chairman. Mr. Calvert. Ms. McCollum. Ms. McCollum. Thank you, Mr. Chair. I want to go back to the big picture. I know you are doing the best job you can, Rear Admiral Weahkee. But part of the challenge that we are struggling with is four acting directors since 2015 does not allow for a whole lot of continuity. When you are dealing with improving statistics on lower life expectancy, disproportionate disease burdens, heart disease, cancer, the recommendation that the President unfortunately has made to go from mandatory to discretionary funding for diabetes, and other things, it is quite daunting what you are tasked to look at. So, from your knowledge as being the most current acting director in the Indian Health Service, exactly what would this impact of the $264 million reduction from the 2018 omnibus bill have on meeting healthcare needs? Then I have a follow-up after you answer that one, sir. Rear Admiral Weahkee. Thank you, Congresswoman McCollum. And with regards to the continuity of leadership, I have had the privilege of having the most recent acting director, Admiral Chris Buchanan, serving as my deputy director as I am in the acting director role. So, there is continuity and ready access to his expertise and insights. I have also relied heavily on those who have come before me, so I dialogue frequently with previous directors, Admiral Charles Grim, Dr. Yvette Roubideaux, and we have great partners in Indian Country with the National Indian Health Board, National Council of Urban Indian Health, National Congress of American Indians. So, there are a lot of supports to somebody serving in this role. With regards to budget reductions or proposed reductions, as identified there are many needs within Indian Country, and the IHS in particular. And we have already identified through having a Federal Disparity Index and a line item for Indian Healthcare Improvement Fund that there is room for improvement in the funding of our programs. So, any reduction to Indian Health Service funding would be a detriment. FISCAL YEAR 2019 BUDGET Ms. McCollum. Along with the reductions unfortunately that the White House proposed on Indian health services, there are agencies that you work hand-in-hand with in a comprehensive approach for wellness, because you work to reduce risk factors with heart disease, cancer, diabetes, tuberculosis, and substance disorders. Can you describe how you are working with other agencies, if they are facing similar reductions? Is there a compounded cut to the work that we are doing in this area? Because in the proposal, community health representatives and tribal management grants are eliminated. These are some of the very people that you were talking about, working on health improvement. How does eliminating tribal grant management grants impact the projects that you have, for example, on implementation of electronic health records? And are you tracking what is going on in the centers? I will just use the CDC for an example which works on suicide prevention as well as working on opioid, alcohol, and drug abuse, and recovery? Are you tracking those budgets to see if it is a compounding effect with this cut that the White House has proposed? Rear Admiral Weahkee. Thank you again for your question, and I caught several in there. I would like to start with the collaborations and keeping tabs on what is going on with our sister agencies. We do have many partnerships developed with agencies like the Centers for Disease Control and Prevention on preventive matters. We have recently partnered with them on infection control training, and we are able to leverage those resources to train more than 300 of our own staff on infection control standards in our facilities. OPIOIDS With SAMHSA, Substance Abuse and Mental Health Services Administration, they have already received a good, sizable increase in funds to combat the opioid epidemic, and we are in initial dialogue with them about how they intend to use those funds, again really encouraging them to reach out to tribes and discuss what the needs are. I have heard directly from our tribal stakeholders that they would much prefer to receive the funds directly as opposed to going through a grant mechanism, and they have also voiced concern about funds going through States. They do not always make it to the tribal level. Ms. McCollum. Sir, not to cut you off, but I think we agree that the opioid funding is working towards being robust to address this problem. But my question was, and you pointed out, about the work, the collaboration that you do with the CDC, whether it is tuberculosis or other preventative diseases, do you know if the CDC is cut in the President's budget? Have you had concerns or questions about some of the other things? You said you used it to train 300 people? Do you know if there are cuts in there that are going to have an impact for you being able to do what you need to do, facing the fact that you are already looking at a $264 million cut yourself? Have you cross- tabbed those budgets? Rear Admiral Weahkee. No, ma'am, we have not from within the Agency, and we would be happy to work with our Department of Health and Human Services financial office to provide you with information specific to Indian programming. Ms. McCollum. Thank you. Mr. Chair, I will conclude this round of questioning with this. If we do not look at the big picture about what is happening in some of these other agencies where there is collaboration and there are further reductions in cuts, we won't know what this means to Indian Country and the work that we are doing. If we are able to increase IHS and then the CDC gets a cut and it is not able to do its programming, it still puts us behind. So, I would encourage us to get that information. Thank you, Mr. Chair. Mr. Calvert. Thank you. Mr. Stewart. Mr. Stewart. Thank you, Chairman. Acting Director, I have your name pronounced twice differently. Is it Wah-kee then or-- -- Rear Admiral Weahkee. Weahkee. Mr. Stewart. Weahkee, yeah, thank you. Rear Admiral Weahkee. Thank you. Mr. Stewart. All right. It is always nice if people can pronounce your name correctly, right? [Laughter.] Rear Admiral Weahkee. It is a tough one. I have been dealing with it my whole life. [Laughter.] Mr. Stewart. I am sure you have. Well, to you, sir, and others who are with you today, thanks for being here. Like everyone, I have got a problem. I mean, that is kind of the value of these hearings is many times we can bring you issues that we need your attention on and your help. And this one is an important one, and it is one that we can fix, but we have not been able to yet. And, again, I need your help. REIMBURSEMENT FOR MEDICAL AIRLIFT It has to do with recent changes in Indian Health Service's reimbursement structures for airlift, for medical airlift. It has resulted in catastrophic losses for ambulance services in the Navajo Nation, and I want you to picture the Four Corners if you could. I represent Utah, and in the Four Corners area you have got Utah, Arizona, New Mexico, and Colorado. If you want to be alone for a while, go to this part of the country. It is some of the most sparsely-populated area within the lower 48, I am sure. But it is a real challenge then because when you have a medical emergency, it is a long, long way to go to get help in many cases. And because of this change in reimbursement rate, there is only one provider now. There used to be several, but the others have dropped out because they actually lose money every time they pick up a patient, and a substantial amount of money. Not just a few hundred dollars, thousands and thousands of dollars every time they pick up a patient, and yet they continue to do it because they feel compelled to because they want to serve their fellow man. But they have announced that they will pull out within the next few weeks if we cannot help them with this reimbursement. They will leave the Native Americans there without an air ambulance service then. We have reached out to local and Federal officials, and we have attempted to inform them and to get their help on this, and I am going to read you just part of a letter, if we could, that was sent last month. ``Due to catastrophic changes in reimbursements over the several years, Classic Care Medical, which is the last remaining provider in the region, will have no choice but to shut down operations in the region, leaving the area without emergency care.'' They have something like $3 million in providing this service to Native American in that area. Look, we've got to do better, and we have got to find a way to work with you and CMS to get a reimbursement rate. They are not asking to make money. They just cannot lose money every time they do this. Can you help us with that? Rear Admiral Weahkee. Thank you, Congressman Stewart. In the beginning of your question, you made me homesick because I am from the Four Corners and grew up in the Farmington Aztec area in northwestern New Mexico. So, I pictured the area and I am very fond of it for sure. Mr. Stewart. As am I, by the way. Rear Admiral Weahkee. Thank you. With regards to emergency transport and the rates that we are paying now with the implementation of Medicare-like rates or PRC rates, we are reimbursing at the same level that Medicaid or Medicare or any other Federal healthcare entity would reimburse. So, from that regard, we are actually saving the Agency money, getting better purchasing power with those funds. Mr. Stewart. Director, if I could jump in just quickly. That works for a business model when you are in a metropolitan area and you have private sector funding that can help compensate for it because everyone loses money on those rates. This is an area where there is no private sector. I mean, there is only the Indian Nation down there, so there is no other way for them to help even out the funding levels. Does that make sense? Rear Admiral Weahkee. There are parts of our Nation where there is only one game in town for sure, and if that is the case in this particular area with Classic Care Medical, I think that it is incumbent upon our system to evaluate whether or not any competitors exist or other options, if air medical transport, if it is fixed-wing versus helicopter, or if ground transport is available. We need to look at all the options to ensure that we are taking our patient safety into account and that we negotiate appropriate rates. Mr. Stewart. Well, and so I will just restate something and then one more time ask your help. If you are in a big city where you have a lot of private insurance that will compensate these companies at a different rate, this will work because you can use that to help fill the gap for these lower, lower compensated patients. But, again, there is no option down there. It is only the Indian Nation. And once again, and then I will turn the time back over, if we cannot fix this and if we cannot fix it with some urgency, this company is going to pull out. And it is not in years, it is within weeks, and we just hope that we can work with your Agency and try to find a solution. I think the Native American people deserve it. Rear Admiral Weahkee. And thank you. I will commit to looking into the issue, and another option that we might consider is pulling Centers for Medicare and Medicaid Services into the discussion. Mr. Stewart. Yeah, we absolutely have to do that, and we have tried to work with them, but your weight behind that effort would be helpful. Mr. Calvert. Would the gentleman yield for a moment? I might ask a follow-up question. What flexibilities does IHS have to change the reimbursement rate to fix this airlift problem? Rear Admiral Weahkee. We do have the ability to negotiate rates that are Medicaid or Medicare reimbursement plus a number to be determined based on a number of different variables. But there is some latitude in there of being able to account for situations like this that we can utilize. Mr. Calvert. OK. So, if that flexibility does exist in this case, that might be a potential solution. Mr. Stewart. Thank you, sir, and I yield back, Chairman. Mr. Calvert. Thank you. Ms. Pingree. OPIOIDS Ms. Pingree. Thank you, Mr. Chair. Thank you to all of you for being here today and for the work you are doing to help take care of the health of our tribes. And I apologize, I came in a little late, so I know you have talked some about the opioid crisis, but I just wanted to focus on it a little bit more. I come from the State of Maine where the opioid crisis in the news every day. We know that American Indians and Alaska Natives have the highest drug overdose rates in 2015. I am assuming that is continuing. Also, American Indian students' annual heroin and oxycodone use was about 2 to 3 times higher than the national average, so it is no small challenge to be taking this on. In States like Maine, we were one of just eight tribes throughout Indian Nation to receive funding through the Department of Justice Coordinated Tribal Assistance Program, which allowed us to establish a healing to wellness court. And I know that has been very successful, but that is a grant program and those things are not ongoing. And so, I want to talk to you a little more about the overall picture of funding and how this is being handled, and I know there are issues around coordinating with other departments which has been brought up as well. So, let me just throw out a few questions. If you do not get everything answered, we can follow up on it, but to see your sense of it. One is how you are working with tribal first responders, what criteria the Indian Health Service is using to award the multiyear grants that will be available to implement the Tribal Opioid Response Grant Program, how are you going to follow those, and what measures will you use and what process to monitor the grants. Will you be looking at best performance and sharing those best practices? Lastly, what is the status of the development of a comprehensive and culturally sustainable tribal action plan? I know that is a lot, but just anything you want to put in about the overview. It is certainly one of the biggest challenges we are facing nationally, and obviously in Indian Country much more significant. Rear Admiral Weahkee. Thank you, Congresswoman. Definitely the impact of opioids on Indian Country cannot be overstated. You mentioned some of the statistics, and we have seen an increase of 519 percent in overdose death rates for American Indians, so it is something that we need to tackle right away. Related to plans, future plans for the use of opioid funding, we within the IHS very much believe in and rely upon our consultation with tribes to have the initial conversation on where they believe the funds should be dedicated and for what purposes, and in what construct. And so, we will initiate consultation in advance of the receipt of those funds to obtain that feedback from our tribal stakeholders. And we have also encouraged our sister agencies to do the same, so for those like SAMHSA who are receiving large sums of funding, we are encouraging them to do that outreach to tribes as well. We are also sharing information with our sister agencies, the mechanisms that we have used as an Agency in the past to ensure that we get that money out into Indian Country in the best manner possible. Again, that does not replace the consultation. They need to have those conversations directly themselves. The criteria to be used for the IHS opioid funding, the $150 million a year, we are at least initially looking at the construct of the Special Diabetes Program for Indians and the manner in which we have run that grant program as a starting point, and then we will take the consultation and input and see if there are tweaks or changes that need to be made. I am going to ask Dr. Toedt as our lead in all clinical and preventive matters to address some of the other opioid discussions that we have had. We do have consultations scheduled in partnership with SAMHSA and the National Institutes of Health at a conference next month in Minnesota that the National Indian Health Board will be sponsoring. Dr. Toedt, do you want to take it from there? PARTNERING WITH LAW ENFORCEMENT Rear Admiral Toedt. Yes, sir. So, regarding the question about how we partner with tribal law enforcement, you are already aware that we partner with the Bureau of Indian Affairs and equip their law enforcement officers with training to recognize signs and symptoms of overdoses and how to intervene immediately when they are first on the scene. And as of December 2017, we have trained more than 300 officers and certified 47 BIA officers as naloxone trainers. Translating that to the tribal facilities, our direct care facilities also provide naloxone supplies training and toolkits to tribal law enforcement. And just this March 30th, our HOPE Committee, which is the Heroin, Opioids, and Pain Efforts Committee, released a policy that provides local policies and procedures for the IHS-operated pharmacies to provide the naloxone and law enforcement agencies and other first responders to prevent the opioid overdose deaths. I want to add that I have worked at the Micmac Clinic in Maine, and the people there are near and dear to my heart, and I appreciate you. Ms. Pingree. Well, thank you for mentioning them, and I am sure they will appreciate that and have fond memories, so thank you. I just want to follow up quickly by saying, I am glad you have things in place, particularly naloxone. I know that is often a challenge to make sure that is available everywhere it needs to be. I know some of this funding is new, but also, some of the things you are talking about are. We will and we are planning to follow up and since this crisis is ongoing, and nothing here is new to us. I hope that all efforts are speeded up as fast as possible. I am glad there is consultation, but on the other hand, people just, they want to see the action, and see the availability. I know a big concern in our area is residential substance abuse, and there has never been enough of it. I do not think I have to tell you that, but making sure that we continue to try to increase those numbers is really important. Lastly, I just want to concur with some of my colleagues who have said that the funding for special diabetes, also a huge problem in our State and in Indian Country in particular. Going from mandatory to discretionary raises a lot of concerns, and making sure there is adequate funding for that as such a prevalent problem is really important. So, thank you. I yield back. Mr. Calvert. Thank you. Mr. Joyce. NALOXONE Mr. Joyce. Thank you, Mr. Chairman. I want to follow up on Ms. Pingree's questions about naloxone. I am glad to hear that you have first responders using naloxone. Does your 2019 budget request reflect that support? Rear Admiral Weahkee. So, that would be captured in the H&C budget where our pharmacy costs currently reside. There has not been any additional funding identified for the provision of naloxone, but pharmacy costs are supported through an H&C line. Hospitals and clinics, sorry. Mr. Joyce. As a matter of first response, it is important that you make naloxone available throughout American Indian/ Alaska communities given the 519 percent increase in drug overdose claims from 1999-2015. I am glad to hear that first responders are getting it. I was making sure that we have adequately funded those efforts because obviously saving lives is an important part of this equation. Rear Admiral Weahkee. Yes, and we have had discussions, and Dr. Toedt can give us the per dose cost and the evaluation that we have undertaken. And, again, knowing that the U.S. Surgeon General just earlier this month promoted family members, friends, and those at risk themselves to carry naloxone, we do expect to see a significant increase in prescriptions for and dispensing of naloxone. So, it is a cost that we need to take into account for future budget purposes. BEHAVIORAL HEALTH Mr. Joyce. I am glad to hear that. For 25 years I was a prosecutor before I got here, and I have to admit after seeing staggering numbers like this, it shifts your focus from the law enforcement side of people being in possession of a drug to saving people's lives. The one question I have when I speak with people in the community is ``what works?''. Have you found anything that has been especially helpful as far as reintegrating folks back into society because I know the recidivism rate in people who are addicted to these drugs is unfortunately very high as well? Rear Admiral Toedt. Thank you for the question. So, definitely we see that when treatment is culturally appropriate, when it is based on the individual's native culture, when it addresses all of the underlying causes, addressing the problems that the individual has at home, when it is focused not just on recovery as a single timed event, but looking at after care when they return from recovery back to the community, those are the areas where we see the greatest successes where there is good coordinated care and follow-up after discharge from treatment. Mr. Joyce. Generally going back into the situation they were in before creates the same circumstances that brought them there in the first place. So, especially in the tribal communities, I was wondering how you were dealing with that item. Rear Admiral Toedt. Yes, sir, exactly right. If an individual is coming from an at-risk situation and they return to an identical situation, they remain obviously at risk. And so, helping the individual get to a better place, but then working with them either to improve their environment or to return to an alternate environment. And so, that may mean that they may not be able to go back to that same house. They may have to go to a recovery intermediate housing. There is definitely a need for that. There is the whole concept of a community becoming more sober, and so the work is with an entire community, partnering with law enforcement, pharmacies, providers, social services. Working really to clean up an entire community has also been very effective. There is a project in North Carolina called Project Lazarus that the Eastern Band of Cherokee have used to partner with surrounding towns and surrounding communities so that they are not just focusing on the tribe, but the entire environment that the tribe is exposed to. RECRUITMENT Mr. Joyce. I am glad to hear that. In your 2019 budget request, is there any funding to hire additional nurses to help you combat this opioid crisis? Rear Admiral Weahkee. Thank you for that question. We do have heavy emphasis on direct clinical services in the 2019 proposal. So, the hospital and clinics line is identified as the line item that would supplement additional nurses being hired. We can also hire nurses through the mental health services line and the alcohol/substance abuse line. Those would be for psych nurses who can help with medication management. So, there are several lines within the budget that have proposed increases, and those funds can be used to recruit and retain nurses. Mr. Joyce. That begs the question is there any plan or procedure in place to hire additional nurses to help you combat this crisis? Rear Admiral Weahkee. Thank you for that question. We have been working diligently in developing strategies to improve our recruitment and retention ability. Actually, I will name three if you do not mind a little bit of time around this. We have a couple of proposals that are a part of this budget to gain parity with the Veterans Administration and enable us to pay better, to be able to offer better incentives like higher-level leave accrual, to also be able to hire greater numbers of providers, specifically physicians, not only with U.S. citizenship, but also those who have been trained in the United States who may have citizenship outside of the country. So, Title 38 authority, parity with the VA is a big help. Also, with our scholarship and loan repayment program, we have got proposals included that would help us to leverage those funds, make the scholarships and loans tax exempt, and give us parity with the National Health Service Corps and the Armed Forces Health Professions scholarships. We would be able to provide more scholarships and loans if we do not have the taxability issue. And then flexibilities within the existing program, our ability to allow students to repay on a longer projected timeframe. So, rather than having to do it all within 2 years, that they could extend to 4 years at half time as an example. So, these added flexibilities would provide us with a great opportunity to recruit individuals. Within our HR system, we are working at making the process less burdensome, doing a single application and applying for multiple jobs across the Agency--we call it global recruitment--so that they do not have to submit applications for each individual job. They do it once, and they are considered, and they can select the location that they would like. So, a couple of tools that we have been working on. Also, in partnership with the Office of the Surgeon General, we are looking at making priority placements into our most rural and remote locations, and incentivizing officers in the Commissioned Corps to do that. So, a lot of work underway, and we have just started to see the benefit of some of the items that have been implemented. Mr. Joyce. Similar to the opioid addiction crisis being unfortunately a nationwide issue, we have a primary care physician shortage that is also a nationwide issue. I am glad to see that nurses are going to be our primary care folks on the front edge. I am glad to see that you are using all the tools at your disposal to recruit these folks. I yield back. Mr. Calvert. I thank the gentleman. Ms. Kaptur. POPULATION SERVED Ms. Kaptur. Thank you very much, Mr. Chairman and Rear Admiral Weahkee. I wanted to follow on some of my colleagues' questions, but it is my first opportunity to question you, so I just want to clarify: The population that you serve is 2.2 million total? Rear Admiral Weahkee. Yes, ma'am. Ms. Kaptur. OK. So, the number of clinics that you operate, while you have 850 facilities directly, is about 2,500 average load per clinic, if they were all equal, which we know they are not. That seems like a pretty good distribution. You also mentioned in your testimony 608 hospitals, clinics, and health station. Is that in addition to the 850? Rear Admiral Weahkee. That 850 number is comprehensive of the health stations. Ms. Kaptur. All right. So, the 608 is part of the 850. Rear Admiral Toedt. Right. STAFFING Ms. Kaptur. Oh, all right. Could I ask you what percentage of the doctors and nurses in those facilities are Native American? Rear Admiral Weahkee. We know as an Agency overall, 70 percent of our workforce is made up of American Indians and Alaska Natives. So, we are very much representative of the population being served. Ms. Kaptur. All right. I want to move---- Rear Admiral Weahkee. For physicians specifically, Dr. Toedt, do you happen to have those statistics? I guess that 70 percent statistic is for all jobs. Ms. Kaptur. All jobs. What about doctors? Rear Admiral Weahkee. Physicians, we would probably need to pull that information directly, and we do work in partnership with the Association of American Indian physicians. They may have those numbers readily available. We can do a pull within our own system. We do not necessarily track in all cases, but we can get back to you with that. Ms. Kaptur. If you can take a look at the doctors and the advanced practice nurses, I would be very interested in the percentage of Native Americans in total that you hire or contract with. [The information follows:] American Indian and Alaska Native Doctors and Advanced Practice Nurses in the Indian Health Service Agency records indicate the following number of American Indian and Alaska Native employees by position title:Nurse Practitioners--28 out of 175, or 16 percent Certified Nurse Midwives--6 out of 46, or 13 percent Nurse Anesthesiologists/Anesthetists--5 out of 36, or 14 percent Advanced Practice Nurses--7 out of 32, or 22 percent Doctors--80 out of 789, or 10 percent Ms. Kaptur. You provided really good data on diabetes, and the improvement is remarkable. So, that is a real success story. Congratulations. I was not aware of that, and I know you are continuing along that line. I congratulate all the tribes for whatever they are doing in order to bring that horrendous statistic down. That bodes well for the future. SUBSTANCE ABUSE Let me turn to the behavioral and substance abuse issue as many of my colleagues have. Do you know if you were to do a trend line for neonatal abstinence syndrome babies, drug- addicted babies, what would those numbers show over the same time period of 1996 to the present? Any idea? Mr. Hill. I am going to ask Dr. Toedt to take this one. I know we have got some great partnerships in place in this area in particular, so. Rear Admiral Toedt. Thank you. So, it is difficult to hypothesize what a trend line would look like. I do not have data specifically on neonatal abstinence syndrome going back to 1996. But if I were to hypothesize, I would say that that trend line would be going markedly up. I have seen in my own practice increasing numbers of women who present, who are pregnant and also have an illegal or illicit or other substance on board. And so, unfortunately there are more and more babies that are being born addicted. We are working with the American College of Obstetrics and Gynecology and the American Academy of Pediatrics developing specifically a protocol for recognition and treatment of neonatal abstinence syndrome. It is something that we recognize has been markedly increased. We know that in the Billings Area they report that at least 3 out of every 4 babies has at least had some exposure. So, the numbers specifically for neonatal abstinence syndrome, we will need to develop that trend line. That is something that we can certainly look at. The coding has changed through the years with the change from ICD9 to ICD10. The recognition of neonatal abstinence syndrome is challenging, and I think that our partnership with ACOG, NAAP, with these professional organizations, will really help improve care. Ms. Kaptur. What about fetal alcohol syndrome? Rear Admiral Toedt. Similarly, alcohol continues to be a problem across Indian Country. American Indians and Alaska Natives continue to have a higher degree of alcohol exposure and substance use. Methamphetamine continues to be a problem across Indian Country as well. So, we hear from our tribes that it is not just the opioids. It is other substances as well. Ms. Kaptur. All right. Any clarity you could give on that I think would be helpful. In my own State of Ohio, we have at least 20,000 neonatal abstinence syndrome babies, and the number is growing. I would venture to say if you look around the country, you would find very similar numbers, so it is not exclusive to Native Americans. It is, as you know, within the general society. We also know that we are probably 100,000 doctors, people who work in the behavioral specialist area with these substances and so forth, short in the country. So, even if we had all the money in the world and we sent it down the chutes, if there are not people there to treat--and one of my big worries is whether it is tribal situations, or whether it is city hospitals, or rural hospitals, or veterans' clinics--we do not have as a country the specialists we need to treat this problem. STAFFING I am looking for examples, and maybe you can help me since you mentioned the VA, of where we fund the education of individuals who then go to work on tribal properties. They go to work in city hospitals. They go to work in rural facilities. They go to work in VA hospitals. I would be very interested in your comments about which programs you found over time have worked most successfully through Federal programs where we help to draw individuals into these specialties because I am worried about the country and what we are facing with this additional crisis now among our people, and how we manage it. I will be honest with you, Ohio does not have tribal lands as most of my colleagues here do. But, I am not sure that the solution that we have been promoting at the moment, which are residential treatment programs at the local level, are the way to go. Especially if one looks at recidivism, and if one looks at the fact that they are not removed from the community, from the place that they still have these connections and they receive back. I am looking at a model in my own mind, something like the old Civilian Conservation Corps where people are helped by being taken to a place where opportunity is more promising and where the help is needed. I have often thought of tribal lands thinking, hmm, I wonder if programs that we might initiate across accounts might be more effective than what I am seeing happening in a State like Ohio, which is at ground zero of this massive national crisis. So, I just thank you for listening, and if you could provide clarity for the record to the extent you are able, on babies, that is the future. The babies are the future. So, if they are sick, the future is not good. Also, if you could help us understand the increase in terms of the population that you serve and what the components of that are, that would be very valuable to us. I thank you. OPIOIDS Mr. Calvert. I thank the gentlelady. On that subject, I read a short story recently, I do not know which publication. But obviously this plague is affecting every section of our society. I just read this morning that Mr. Mellon, the heir the banking fortune, a multibillionaire, was severely addicted to OxyContin, took up to 80 pills a day, a habit that was costing him $100,000 a month, died at a rehab center in Mexico yesterday. So, this is not just affecting, you know, people, you know, from various regions of the country or certain economic classes. This is affecting everyone. NALOXONE But going back to my question, I read a story where there was a potential for a chemical or a drug that would neutralize the effects of these opioids. Is there any truth to that or is there any research that seems promising on something like that, because that could have a huge effect on the country if that was true. Is there any comment about that, anything you hear about that? Rear Admiral Weahkee. Thank you, Chairman Calvert. Voice. Mic, please. Rear Admiral Weahkee. Sorry. Thank you for the question. The counteracting prescription that has been used is naloxone, and Dr. Toedt can talk a little bit more about how that drug works. There is also an effort within the Department of Health and Human Services to look at alternative pain initiatives, things that we can do other than prescribing other drugs, or promoting research that helps to develop additional types of counteractive measures. So, Dr. Toedt, I am going to ask if you could share a little more information about naloxone, Narcan. Rear Admiral Toedt. So, certainly there are medications now that do block the opiate receptor, so they provide protection from overdose when that medication is on board. There are newer medications that are in the pipeline for development, and certainly it is important that we have more options. One of the medications that is used successfully for alcohol abuse maintenance is a medication called VIVITROL, which is a longer- acting injection and blocks the effects of alcohol, and has some success also in patients with opioids. So, yes, there are medications that are both currently available as well as new medications in the pipeline to help address the epidemic. INDIAN HEALTH CARE IMPROVEMENT FUND Mr. Calvert. Thank you. Over the last 2 years, the subcommittee has received testimony on an increasing number of tribes advocating for funding to be allocated based more on need than on historic funding proportions. Of course, this subcommittee is also represented by members of tribes who prefer the historic funding proportions. That is why the 2018 appropriation provided equal amounts of $72 million each for the Indian Health Care Improvement Fund, which is based on need, and the historical current services formula. Please update the subcommittee on the latest efforts to update the distribution formula for the Indian Health Care Improvement Fund and to use the update to allocate the 2018 appropriation. Rear Admiral Weahkee. Thank you, Chairman Calvert. The IHS has an Indian Healthcare Improvement Fund workgroup that is made up of both tribal and federal representatives. That group has been seated and charged with updating the Indian Health Care Improvement Fund formula. They have met twice so far and have plans to meet again in about a month. Timeframe wise, they are working on a very short timeframe. They would like to get those 1-year funds out and available for sites to use before the end of the fiscal year. So, we are expecting them to make their recommendations by the end of May. We will then take those recommendations out to the rest of Indian Country through a formal consultation process, and expect to be making allocations of those funds by August of this year. Mr. Calvert. Please keep the committee informed on your progress. Rear Admiral Weahkee. Yes, sir. PURCHASED-REFERRED CARE Mr. Calvert. I appreciate that. As I mentioned in my opening statement, an estimated $424 million worth of patient referrals were denied or deferred in 2016 due to the lack of funds. Part of the challenging with increase appropriations for purchased-referred care is the Government Accountability Office has reported that a more equitable allocation formula is needed. My question is do you agree with GAO's conclusion that a more equitable allocation formula is needed? Rear Admiral Weahkee. Thank you, Chairman. With regards to the Purchased and Referred Care Program, we have seen marked improvement in our sites' ability to provide services beyond Medical Priority Level 1. We have got about 70 percent of our sites now who are able to provide funding for referral services beyond that life and limb priority. So, there has been substantial progress, and I think that the implementation of those PRC-like rates has some to do with that as well. The GAO's recommendation of equitable funding was put into one of their formal reports to us. We reached out to the healthcare team led by Kathy King and invited her to our PRC advisory group meetings so that she could hear firsthand, she and her team, the discussion about funding equitability. And as a result of her involvement in those meetings and learning and hearing from our tribal stakeholders, the GAO closed out those recommendations as unimplemented with the understanding that it would put the Agency in a position where we would have to take existing funding from tribes out of their annual funding agreements, which could lead to legal issues. So, they have closed the recommendation as unimplemented, but we do still have sites that are not able to see all their Medical Priority Level 1 or provide funding for the referrals. Mr. Calvert. So, this issue is still being discussed and determined on how you are going to fix this problem. Rear Admiral Weahkee. Yes, sir. The PRC advisory group will be returning with recommendations at least initially. In their first two meetings this year, they have recommended that we stay with the existing formula with the understanding that the healthcare reimbursement landscape is still pretty dynamic, and they want to see how things shake out. CURRENT SERVICES Mr. Calvert. OK. Just another quick question here. The estimated cost increases needed to maintain current levels of service across the IHS have traditionally included a combination of pay costs, medical and non-medical inflation, and population growth. Is the Administration's 2019 request of $47 million for Federal and tribal pay costs the full amount needed to fund pay cost increases? Rear Admiral Weahkee. Yes, sir. That number is inclusive of pay cost increases. Mr. Calvert. Is it accurate to say that the employee recruitment retention continues to be a significant problem across the Indian health system and a root cause of other problems? The GAO has cited regarding access to and quality of care. Rear Admiral Weahkee. Absolutely, yes, sir. Mr. Calvert. Ms. McCollum. OPIOIDS Ms. McCollum. Mr. Chair, I want to go back to the diabetes model and talk about the opioid program. I think you have heard from the committee that we will be looking very seriously, in my opinion from hearing others, that the diabetes program stay mandatory and not become discretionary. The way that you disburse the diabetes funding right now is not done through a grant program. It is done on a formulization. You had mentioned that tribes like not having to go through all the grant process. For some tribes, they can afford to hire a grant writer. Other tribes, it is a hardship and they are taken away from other programs. If you were to move forward with making the diabetes program discretionary, was it your intent to turn it into a grant program, or were you going to leave it the same? I think the program of disbursement now seems to be working for the tribes, and you could model the opioid program somewhat similar to that because that has been a focus on a lot of conversation. Could you talk about what your expectations for the future for that were? Rear Admiral Weahkee. Thank you, Congresswoman. And the SDPI Program, part of why it has worked so well is that we have come up with these funding methodologies in consultation with our tribes. In addition to not wanting to have additional administrative burden placed upon sites for hiring a grant writer or managing grants, there is also the concern about having to compete against each other for limited funds. So, these are definitely aspects that come into play. I think in terms of your question about whether the intent of moving the funds from mandatory to discretionary was to put them through a different mechanism, that was not discussed as part of the plans, and we would not do so without consultation with our tribal leaders' diabetes advisory committee, which reviews on an annual basis the mechanisms used for SDPI funding. Ms. McCollum. And would that be a program where the implementation that you do for the diabetes would be a model for something similar that you would look at doing with the opioid program, in consultation with the tribes? Rear Admiral Weahkee. I think we could consider the model best practice. It has enabled us to obtain the information needed to prove that the funds are being used efficiently and effectively. We have also been able to publish the great results that have come out about obesity rates and diabetes rates leveling off, and kidney disease, kidney failures being reduced by 54 percent. Ms. McCollum. Thank you. I want to go back to a combination of staffing, and infrastructure, and equipment, because if you just graduate from medical school, knowing that a hospital has failed certification would not be the first place you would want to look to start out your medical career. Sometimes you are failing because of staffing. Sometimes not keeping the certification is because of infrastructure and equipment. So, all three go together. You know, an old phrase, which came first, the chicken or the egg. Some of this is going to be follow-up. You mentioned that you are over 30 percent short in doctors, nurse practitioners, and pretty close to that with physicians assistants. If you could provide to the committee if those tend to be lumped in certain areas, if we have trouble spots where you are short in all three, and if those are places where we are having infrastructure and equipment problems. If you could get that to the committee, and then I am going to be a little more specific here. [The information follows:] Correlation Between a Lack of Medical Staff and Infrastructure/ Equipment Issues Research reveals that specific design features in the healthcare environments can improve staff satisfaction, morale, recruitment and retention.\1\ Qualified medical staff who have been trained in state- of-the-art facilities with contemporary medical equipment will more readily seek employment in like facilities rather than aged facilities that do not accommodate today's healthcare delivery practices and only have dated equipment for diagnostics and treatment. State-of-the-art facilities with contemporary medical equipment not only contribute to patient well-being, but also to the well-being of the physicians, nurses, facilities staff, and administrators who work in the building. Contemporary evidence-based designed facilities reduce hazards to healthcare workers, patients, and visitors.\2\ These positive work environments contribute greatly to improved staff recruitment and retention.\3\ The facility also impacts staff attitudes and behaviors. Architecture is often recognized as an important tool in recruiting and retaining the best doctors and nurses and the most patients.\4\ --------------------------------------------------------------------------- \1\ University of Minnesota Center for Spirituality and Healing. What is a healing environment? Kreitzer, Mary Jo, Terri Zborowsky, and Jean Larson, accessed at http://www.takingcharge. csh.umn.edu/explore- healing-practices/healing-environment on 7/14/15. \2\ Ulrich R. Zimring C. The role of the physical environment in the hospital of the 21st century: a once-in-a-lifetime opportunity. Report to The Center for Health Design, for the Designing for the 21st Century Hospital Project 20043. \3\ McCullough, Cynthia. Evidence-based design for healthcare facilities. Sigma Theta Tau International. 2009. \4\ Carr, Robert F. Health Care Facilities. Whole Building Design Guide, National Institute of Building Science. October 2014. --------------------------------------------------------------------------- FACILITIES Ms. McCollum. The average age of federally-operated IHS facilities is 31 years. Numbers of facilities are over 40 years, never having repair or renovation. In the private sector, it is about 10.6 years, so we have got a real gap there. As was pointed out, in the 2018 omnibus bill, the committee was able to provide an additional $300 million for health facility construction, sanitation facilities, and deferred maintenance. Could you please get to this committee, or if you are prepared to answer after I am done, how you are planning on allocating this funding because we know the needs are there. There should be a record of what has not been happening with infrastructure and equipment. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] FISCAL YEAR 2019 BUDGET Ms. McCollum. Knowing that there is this pressing need, and I just laid it out, again, I am just so puzzled by the fiscal year 2019 budget request with the reduction of $363 million in Indian health facilities, a 42 percent reduction from the fiscal year 2018. What activities are going to be cut? How much bigger does the list grow for infrastructure and for oftentimes just updated equipment? This reduction is going to make your priority list for repairs and upgrades even greater, I would have to think. Then that is going to have an impact on being able to retain and recruit staff and who suffers from this, so the tribal communities that we have a constitutional responsibility to be serving better. And some of this might be in some follow-up. This is not directed at you personally. I know you want to do the very best job you can when you wake up every morning to serve Native Alaskan and Native American communities. But I just do not see how the numbers work. Rear Admiral Weahkee. Thank you. Just to start, there is definitely a correlation between our recruitment and retention abilities and what professionals might read in the trade journals about an agency. So, when people see and hear nothing but negative, it does make our recruitment job that much harder. So, we are working to improve the image, and it is unacceptable for there to be anything less than high-quality care being provided in our facilities. So, it is something that we take very seriously. And we as a leadership team at IHS want to improve the image of the Indian Health Service and the services that we provide. Environment of care and life safety concerns are part of our accreditation issues, and when we have facilities that are on average 40 years of age in comparison, as you have identified, the hospital in the United States is about 10.6, 11 years. The cost of maintaining those older facilities are greater and greater, and there is, again, a correlation between the amount of funding provided to maintain those facilities and how far back we fall. So, I do believe that we have some numbers that we can share with you now, and Admiral Hartz has them at his fingertips in terms of backlog of essential maintenance, and alterations, repairs, and also M&I. Anything else, any other items you would like to cover? Ms. McCollum. My question specifically, the President in his budget has a cut to this. So, it is not going to get any better, right? Mr. Hartz. Thank you for the question and the difficult position to respond to. As you stated earlier, the cliche, build it and they will come, and we have seen that historically and what difference it makes to have up-to-date modern facilities that are similar to the institutions where medical graduates have interned. And if we have that modern facility, we have the capabilities to do CAT scans and procedures like that, it does make a difference. So, we concur with you in your assessment. MAINTENANCE BACKLOG The backlog of essential maintenance and repair that you identified is $569 million. The resources that you folks have provided to us in fiscal year 2018 will be utilized. That bump in M&I, which takes it up about $167 million in 2018, will be distributed in the manner in which we have been distributing, but with the increase in the M&I account, we will target primarily the backlog of essential maintenance alteration and repair. And that is consistent with the ways we have done it in the past, like with the ARRA money came through a number of years ago. So, we already have a methodology in place to highlight those many, many projects to be addressed on BEMAR. The healthcare facility construction, you asked about that, and that increase of $125 million, up to $243 million, will take us further down the priority list of projects to be funded. And I am really pleased to say that between the time the CJ came forth and the appropriation, that we were able to fund one of the projects that was in the CJ, Alamo, and we were able to go further down the list and now pick up Pueblo Pintado. So, it did make a tremendous increase in our ability to address the aging facilities that are out there. And in sanitation facilities, you folks included a little over $101 million. It takes that up to $197 million to address much, much-needed water and sanitation facilities across Indian Country. We have identified a list that we give to Congress every year of feasible projects right in the $1.2 billion range, a universe of need that is $2.9 billion. And we will actually work our way down that list with the predominance of the money going toward existing homes and communities that still lack what we wake up to and take for granted every morning--safe water. EQUIPMENT Ms. McCollum. Mr. Chair, if I may, if we do the right thing with the infrastructure and with the equipment, get broadband up and running, get better CAT scans so that if you do not have a radiologist on site someone can look at it with a high level confidence to make a diagnosis, and radiologists can diagnosis lots of things, to see if we need to do purchased or referred care service or if something can be done in-house, or however the service is delivered. That in the end is going to save money. When we were working on the Affordable Care Act, OMB did not allow us to figure out how doing preventative care, having better standard equipment, better facilities, more access to doctors, physicians assistants, nurse practitioners would save money. Are you ever allowed to figure out how much money you would actually be saving if we could bring these facilities up? You could never quantitate in dollars human suffering, but are you allowed to show that you would actually be saving the Federal government money by accelerating and moving this forward faster, or is that something you are not allowed to do? Mr. Hartz. I will give you an example. A number of years ago we were funded to construct the Eagle Butte facility that Mr. Simpson mentioned earlier I believe. And with that new facility going into the Cheyenne River Reservation area in Eagle Butte, South Dakota, we incorporated in a CT scanner, you know, pretty much in the middle of nowhere. And I often go out to facilities after they are in operation to hear about all the good things that we did right. Actually, sometimes they tell us some things they would like to see improved. This time when we went into the facility, the first item we got was a positive, and the positive was because of the installation of that CT scanner and what that meant to them in not having to have the transports that Mr. Stewart talked about earlier because now when they had closed head injuries, they could determine whether, in fact, that patient needed to be medevac'd out of there to Rapid City, or to Pierre, or to some other distant location, and so they could maintain observation. And the savings that they made in that was very, very obvious to them. Now, they had to convince the providers in those locations that they had the capacity to do that, and in chatting with the operators of the new high-tech medical equipment, I said what prompted you to come here. Well, both of them, it just turned out that they had prior military experience and they wanted to come home to serve their people. But, you know, that is a good story. It is the truth. It is success to be able to show savings and be able to monitor such. You can find out how much you are saving by the things we do and improvements you folks help us by funding, and we thank you for that. Ms. McCollum. Thank you, Mr. Chairman. I think we have our work cut out for us protecting our allocation and making sure that we fund these programs to the best of our ability. I yield back. MAINTENANCE BACKLOG Mr. Calvert. I am going to carry on with what Ms. McCollum was discussing, and that is the maintenance backlog. The National Research Council estimated that an appropriate budget allocation for routine maintenance and repair should be in the range of 2 to 4 percent of the aggregate current replacement value. So, this is the question. I think I know the answer, but let me ask it anyway. Is the Administration's request of $75,745,000 for maintenance and improvement within the National Research Council's recommended 2 to 4 percent range? Rear Admiral Weahkee. Thank you for the question, Chairman, and definitely the expert is here next time. The $75, almost $76 million requested will help us make significant progress on the backlog. What would help us is the 4 percent, which is more in the realm of $208 million, so it is not in the 2 to 4 percent range, but it would help us to make progress. Mr. Calvert. So, say it again. What amount of money would it be to be in that 2 to 4 percent range? Rear Admiral Weahkee. Between 2 to 4 percent would be between $104 million and $208 million. Mr. Calvert. OK, thank you. Thank you for that answer. Ms. Kaptur. RECRUITMENT Ms. Kaptur. Thank you, Mr. Chairman. I wanted to follow up on that line of questioning we started earlier about your staffing and so forth. Do you have difficulty hiring physicians, or are you able to hire all the physicians for which you have budgeted positions? And the same is true with advanced practices nurses. Talk about across all accounts, but I am very interested, obviously, in the behavioral arena. Rear Admiral Weahkee. Thank you, Congresswoman. We discussed a little bit previously about our current vacancy rates for providers, physicians, advanced practice nurses, physician assistants, and all of them are in about the 30 percent range, some of them up to 34 percent, some as low as 29 percent. But there are significant vacancies in our provider numbers. With regard specifically to mental health providers, psychiatrists and advanced practice nurses who specialize as psych nurses, we are very much reliant upon those professions for medication management. So, it is a great need and increasingly difficult for us to find and recruit. TELEMEDICINE Ms. Kaptur. Do you use telemedicine between your various sites effectively or is that not adequate to meet the demand? Rear Admiral Weahkee. I would characterize this as in some preliminary phase of telebehavioral health implementation. We have a great program initiated. We call our telebehavioral health center of excellence. It is based out of Albuquerque, New Mexico, and we are in partnership with the University of Mexico in providing those services to rural and remote sites. Dr. Toedt can provide additional information about how we have leveraged telehealth specifically in the behavioral health realm. We have also got some partnerships to provide specialty services through telehealth as well in partnership with Avera up in South Dakota. VETERANS Ms. Kaptur. Could I ask you what percent of your population are veterans? Rear Admiral Weahkee. I do not have that number off the top of my head, but I do know that American Indians and Alaska Natives serve in the military at a higher percentage than any population. I am myself a veteran of the United States Air Force and very proud of the partnerships that we have with the VA and helping to serve our veterans. We can definitely get you that information. [The information follows:] Percentage of IHS User Population Who Are Veterans fiscal year (FY) 2017 data shows that 2.9 percent (or 48,169) of the IHS user population identified themselves as veterans. Refer to IHS's response to the Questions For the Record (QFR), Kaptur Q6, for additional information. Ms. Kaptur. Would a veteran who is Native American choose to go to your service or to a VA? How does that break down? Rear Admiral Weahkee. I do not have the break down. I would say it is personal choice based on what is more readily accessible perhaps. We would have to do some analysis of patient choice in that regard, veteran choice. Ms. Kaptur. Well, I can guarantee you the Veterans Department is also short on behavioral specialists and neuropsychiatric doctors as we face a crisis with PTS and with extended deployments. So, our whole country has to wise up to educating and helping to raise up another generation of doctors and nurses. I have learned here this morning that you need to be a part of that. So, thank you very much for your testimony. Thank you, Mr. Chairman. ACCREDITATION Mr. Calvert. Thank you. I have one last question on the accreditation emergencies. As you already know, our colleague, Congressman Jeff Fortenberry, is a member of the House Appropriations Committee and represents the Omaha and Winnebago Tribes in Nebraska. Congressman Fortenberry has been the driving force behind the committee's effort to provide flexible funding for IHS direct service facilities of lost or at risk of losing accreditation with the Centers for Medicaid and Medicare Services. The committee appropriated $58 million for accreditation emergencies in 2018, including $16 million to reimburse facilities that have lost revenues as a result of losing accreditation. Please update the subcommittee on the service efforts to reimburse the Omaha Winnebago facilities of lost revenues. Rear Admiral Weahkee. Thank you, Chairman. We have been in robust conversations with both the Omaha and the Winnebago Tribes about the accreditation emergency expenses that have been realized at that location. We also are working through the recent letter of intent that the Winnebago Tribe submitted to the Agency identifying that they intend to take over operations of their hospital. And so, validating an amount for each of the tribes and the stake in that particular site is being processed through a formal negotiation between the Agency and the tribe. And I just want to assure you that the conversations are ongoing, and that we are taking Congress' intent into those conversations with regards to the accreditation emergency funding. Mr. Calvert. Well, please keep the committee informed of your progress. And with that, is there any other questions? VETERANS Ms. McCollum. Mr. Chair, I just want to go back to what Ms. Kaptur pointed out. There is supposed to be seamless care between Native American veterans and reimbursements backed if they are seeking help at an IHS hospital. But a lot of that depends upon good quality medical records, and it depends upon having accreditation. It depends upon a whole lot of things. As you get your information back about the population of veterans accessing service, if you could, give us some information on the reimbursement and how it is going, and what we need to do or what the VA needs to do to make sure that we make that happen for the veteran. Because if it is easier to receive physical therapy at a clinic or at a hospital close to the reservation, it makes a lot of sense for that veteran. [The information follows:] Veteran's Affairs (VA) Reimbursement to the Indian Health Service In FY 2017, the IHS collected $28 million in VA reimbursements for services provided to American Indian and Alaska Native VA-eligible veterans. Refer to IHS's response to the Questions For the Record (QFR), Kaptur Q7, for additional information. Ms. McCollum. And, Mr. Chair, you asked some great questions on purchase and referred care. I would like to follow up with getting some information on urban Indian programs that do not have access to purchase and referred care funding. As two-thirds of the total American Indian and Alaska Native population are urban Indians, this lack of funding has an impact on healthcare services provided to them. What do we need to do to remedy that problem to follow up on your good question, Mr. Chair. Thank you. [The information follows:] Purchased/Referred Care Services for Urban Indian Organizations Since Urban Indian Organization (UIOs) are not eligible for Purchased/Referred Care (PRC) funding, programs primarily rely on third-party reimbursements and have the authority to use the PRC rates methodology when referring patients for tests or procedures not offered on-site. The Indian Health Service Office of Urban Indian Health Programs (OUIHP), as outlined in the OUIHP 2017-2021 Strategic Plan, has prioritized third-party reimbursements by supporting UIOs' efforts to diversify funding and increase revenue. The OUIHP provides technical assistance to UIOs seeking funding/reimbursements, including assistance with: Assessing the feasibility of entering into care coordination agreements in order for 100 percent of the Federal Medical Assistance Percentage to apply to services provided by UIOs, in accordance with the Centers for Medicare and Medicaid Services' guidelines; Demonstrating eligibility for reimbursements from funders and insurers; Negotiating agreements with the Department of Veterans Affairs (VA) to enable billing the VA for eligible care delivered to veterans; Identifying grant opportunities and resources to support grant writing; and Providing training on navigating the accreditation process. Mr. Calvert. Thank you. We thank all of you for attending today, and we appreciate your testimony and answers to our questions. And I also appreciate your getting back to us on this and other issues that Ms. McCollum mentioned and that I mentioned earlier. With that, we are adjourned. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Thursday, April 26, 2018. ENVIRONMENTAL PROTECTION AGENCY WITNESSES SCOTT PRUITT, ADMINISTRATOR, U.S. ENVIRONMENTAL PROTECTION AGENCY HOLLY GREAVES, CHIEF FINANCIAL OFFICER, U.S. ENVIRONMENTAL PROTECTION AGENCY Opening Remarks of Chairman Calvert Mr. Calvert. The committee will come to order. I would like to welcome everyone to this afternoon's hearing. We look forward to a thoughtful discussion addressing EPA's fiscal year 2019 budget request and a number of policy issues of interest to the subcommittee. Before we begin, I would like to remind our subcommittee members and those in the audience of the importance of engaging in thoughtful, substantial discussion. While there may be disagreements relating to the views expressed today, my intent as chairman is to maintain order and decorum. Therefore, I ask those in attendance today, both in our audience and seated at this table, to be respectful of one another and to the Administrator throughout today's hearings. Today, we welcome back to the committee the 14th Administrator of the Environmental Protection Agency, Scott Pruitt. Joining the Administrator is Holly Greaves, Chief Financial Officer for the Agency. Administrator Pruitt, you have had a busy year. You have worked to reform the Agency, provide regulatory certainty, while simultaneously finding ways to create jobs, protect the environment and human health. We look forward to hearing more about the budget request, understanding your goals for the Agency in the upcoming year, and discussing, I am sure, a variety of issues. Just last month, the committee worked hard to finish work on the fiscal year 2018 budget. Utilizing additional funds from the February budget agreement, this subcommittee was able to provide nearly $2 billion in critical infrastructure spending, which included targeted investments in EPA's water infrastructure and cleanup programs. As members of the Appropriations Committee, it is our job to ensure that the Agency spends these funds as Congress intended and in a manner reflective of the Agency's mission to protect human health and the environment. I know that I, along with my colleagues, want to ensure that taxpayer dollars are spent on water infrastructure, on- the-ground projects, and other vitally important programs, rather than some of the activities we have seen reported in the press. We will continue to provide necessary oversight to ensure that EPA and other agencies under this subcommittee's jurisdiction are held accountable, remain good stewards of the taxpayers' dollars, and comply with congressional notification requirements. Overall, the President's fiscal year 2019 budget request provides $6.146 billion for the EPA, which is $1.9 billion below the fiscal year 2018 funding level. While some reductions may be in order, cuts of this magnitude put important programs at risk. Within that request, State categorical grants, which provide financial assistance to States and Tribes to develop and implement environmental programs, are significantly reduced or terminated altogether. States rely heavily on these funds. Cuts of this magnitude will severely impact their ability to meet statutory requirements and address serious health and environmental concerns. The geographical programs, which are very important to a number of my colleagues, even on this subcommittee, are all but eliminated in this request. Beyond these programs, the budget also proposes to eliminate popular rural water technical assistance grants, the National Estuary Program, and Targeted AirShed grants. The Targeted AirShed grants, along with the Diesel Emission Reduction grants, or DERA, which are cut by 86 percent, are essential to my home State of California. My State relies on these grant programs to help drastically improve air quality by accelerating the replacement of older engines with newer, cleaner engines. In spite of these cuts, I am pleased to see that the budget request continues to support and prioritize updating aging infrastructure for both drinking water and wastewater systems by maintaining funding for the Clean Water and Drinking Water State Revolving Funds at current levels. The budget also maintains a Superfund program just below current levels, a promising increase from the fiscal year 2018 budget request. Pivoting to policy, I think my colleagues would agree that we all want clean air and water to protect human health and to support a strong, robust economy. My constituents in California demand both a healthy environment and job creation, and I hope to work with your Agency to ensure both. In Southern California air quantity remains one of our biggest concerns. While we have made significant strides to improve air quality over the past decades, we continue to find ways to clean our air. As your Agency finalizes designations under the 2015 ozone standard, I hope that we can partner with the States to find innovative, cost-effective solutions to help all counties reach attainment without imposing economic burdens. I want to be sure that these clean air efforts are carried out in an effective manner and that we provide the resources necessary to support programs that have proven effective in reducing particulate matter and ozone. Finally at this hearing, last year you committed to reducing redundancies and inefficiencies within the Agency to better prioritize EPA's core mission. We hope to hear more about your Agency's ongoing work to review, reconsider, and ease regulations that bring undue stress to our Nation's industries while also remaining mindful of our environmental resources. As we approach the fiscal year 2019 budget, I reiterate that the power of the purse remains with the Congress, and my colleagues and I will do our best to continue to address infrastructure needs, water quality improvements, cleanups, and many of the issues we discuss here today. This subcommittee remains committed to continuing to work with your Agency, along with our State, local, and Tribal partners, to seek solutions to many of the challenges before us. No doubt all the members here today are eager to discuss a number of issues with you. I will ask members to abide by the 5-minute rule so that everyone gets a chance to participate in today's hearing, and hopefully we will be able to have more than one round if we all stick to that. I am pleased to yield to the gentlelady from Minnesota, our ranking member, Ms. McCollum, for any opening remarks she would like to make. Opening Remarks of Ms. McCollum Ms. McCollum. Thank you, Mr. Chairman. Administrator Pruitt, thank you for being here today. It has been a long day for you already. The fiscal year 2019 EPA budget is reckless, it is irresponsible, and it is unrealistic. Two months ago, Congress passed a bipartisan budget agreement to increase nondefense discretionary spending for 2 years. A month ago, in a show of strong bipartisanship, the fiscal year 2018 omnibus was enacted into law. We soundly rejected President Trump's reckless proposals that would desecrate our environment, starve Federal agencies from the funding they need to meet their critical missions, and jeopardize the health of millions of Americans. President Trump's first year in office has damaged our environment, public health, and natural resources. Today we will discuss many of these damaging policies and your role in turning back regulations to protect the environment. But that is not our only concern with your performance as EPA Administrator. All of us, whether elected or appointed, have a responsibility to be good stewards of taxpayers' dollars. But in just 1 year as EPA Administrator you have violated the public trust by abusing EPA resources and taxpayers' dollars. Your decisions and actions have displayed disregard for ethical standards to which all public officials should adhere. Administrator Pruitt, you are letting the American people down and you are letting your Agency down. Your actions are distracting the EPA from its core mission, and creating a toxic work environment, one that has demoralized your staff. One significant action that has proven not only to be unnecessary but unethical and unlawful was your use of $43,000 to construct a privacy booth in your office. The Government Accountability Office found that you violated the Antideficiency Act and other appropriations laws, with your failure to notify Congress and this committee prior to the use of those funds. That is just one example of poor judgment that continues to plague you. I also have concerns about your work that extend far beyond ethical lapses and it undercuts the missions of the EPA. But thankfully, our government is built upon the principle of checks and balances and the courts are striking down much of the substandard work done by you and your political team. The courts have already ruled that the EPA acted illegally--illegally--in its efforts to undermine the methane and ozone rules. Based on your pattern of haste and careless work, I expect that the courts will rule against you on other reckless rollbacks. Administrator Pruitt, let me remind you, the law requires that the delay of a regulation or an issuance of a new rule is based on solid science--solid science. You cannot ignore the requirements of the Clean Air Act and the Clean Water Act and other bedrock environmental laws. Even though your work is turning out to be ineffective, we cannot ignore the danger that your policies pose for the American people. Climate change is the greatest environmental threat our planet faces. Your actions jeopardize our future, our national security, and the health of our communities. Withdrawing from the Paris climate accord or watering down fuel efficiency standards will harm the health of our children and grandchildren. Rolling back regulations that limit emissions will mean more cases of asthma in children. That is a fact. Keeping harmful pesticides on the market will damage children's brain development. That is a fact. Your approach is bad for the environment, it is bad for public health, and bad for business. Furthermore, it is a waste of taxpayers' money to develop regulations that ultimately will be overruled by the courts. You are falling short, and you are failing the American public, and you are failing your own Agency by not achieving the mission of the EPA to protect human health and the environment. The recently passed fiscal year 2018 omnibus clearly shows that Congress values a healthy environment. We will not support President Trump's budget cuts and the way in which the EPA has faced draconian cuts by this administration. Mr. Chairman, you have my commitment and my pledge to work with you and our colleagues in Congress to maintain the funding levels that will allow the EPA to continue to protect our environment. No matter what Mr. Pruitt may do to prioritize profits of fossil fuel and chemical corporations, it falls to the Congress to ensure that the air we breathe, the water we drink is safe for the American people. Thank you, Mr. Chair. Mr. Calvert. Thank you. Mrs. Lowey, the ranking member of the full committee, is here with us today. Mrs. Lowey, we always appreciate you taking time to join us. And would you have any opening remarks? Opening Remarks of Mrs. Lowey Mrs. Lowey. Thank you, Chairman Calvert and Ranking Member McCollum, for holding this hearing, and welcome, Administrator Pruitt. I am really having deja vu as I look at another budget request that would drastically slash the EPA, in this case 30 percent from current levels. Despite Congress' clear support in the fiscal year 2018 omnibus, you again propose to eliminate important programs like the Long Island Sound Geographic Program, the National Estuary Program, Endocrine Disruptors, and more. It is really astonishing that you would propose these drastic cuts on important investments for the public health and the environment while you appear to spend no--it is shocking to me that you are not sparing any expense on yourself. Your abuse of taxpayer dollars spent on first-class travel, $43,000 on a glorified phone booth, is an insult to the hardworking American taxpayers. Of course, as you know from last year when you testified before our subcommittee, I also have grave concerns about your close ties to the oil and gas industries, past work to directly undermine the EPA, and skepticism that human activity plays a role in climate change. I do hope your testimony this afternoon will address my concerns and all the allegations of unethical behavior you are facing. Thank you, Mr. Chairman. Mr. Calvert. Thank you. With that, Administrator Pruitt, you may proceed with your opening statement. Opening Remarks of Mr. Pruitt Mr. Pruitt. Well, thank you, Mr. Chairman and Ranking Member McCollum, members of the committee. It is good to be back with you again. Thank you for the opportunity. There is consequential and important work being done at the EPA since the beginning of the Trump administration, both in terms of improved environmental outcomes as well as substantial regulatory reform. We are stripping burdensome costs from the American economy at an unprecedented pace, and we are doing this while inspiring confidence in the American people that its government is going to work with them, as opposed to against them, to achieve harmony between jobs and growth and environmental stewardship. In the short time of the Trump administration, we have made enormous progress as far as improved environmental outcomes. Here are just a few. We have removed over three times the number of polluted sites from contaminated communities across the country as compared to the previous administration in 2017, and for 2018 we are on pace to remove as many as 10 times the number. We are cooperatively working with the States to improve air quality by acting on more than 350 State plans. When I arrived at the Agency, there were 700 State implementation plans that had been prepared by some of your States with respect to improving air quality that were literally sitting on the shelf. We have gone through 350 of those to improve air quality across the country. With regard to water, we are leading a multiagency approach that has set a goal of eradicating lead from our drinking water within 10 years, largely through the utilization of a tool that you have provided, WIFIA. It is my goal to prioritize applications for critical water infrastructure through WIFIA to hopefully see approximately $4 billion a year dedicated to replacement of lead service lines. President Trump has set an ambitious agenda for the EPA under his administration, and our measurable achievements are a testament to the effectiveness with which a results-driven EPA is implementing that agenda. President Trump did not only task us with accomplishing the core mission of the EPA more effectively and more efficiently than ever before, but he also demanded comprehensive regulatory reform. The transformational change is happening. In just 1 year, the Trump administration has saved the American people approximately $8 billion in regulatory cost savings. And the EPA alone is responsible for nearly two dozen regulatory actions, saving Americans more than $1 billion in regulatory cost. These actions are providing America's job creators with the regulatory clarity they deserve. By repealing and replacing the so-called Clean Power Plan, we are ending the one-size-fits-all regulation on energy providers and restoring rule of law. By rescinding and rewriting the 2015 waters of the United States rule, we are ending Washington's power grab over land use in this country. It is indisputable that we have made enormous progress in advancing the President's agenda with respect to pruning back decades of regulatory overreach that was unnecessary, burdensome, and ultimately harmful to hardworking Americans across our country. When the President nominated me to this position, I believed the work was going to be impactful, and it has been, and tremendous progress is being made. But I did not expect the work to be easy and I knew that there would be meaningful opposition. However, as I sit before you today, I recognize that there have been very troubling reports in the media over the past few weeks. I promise you that I, more than anyone, want to establish the hard facts and provide answers to questions surrounding these reports. Let me be very clear. I have nothing to hide as it relates to how I have run the Agency over the last 16 months. I am not afraid to admit that it has been a learning process. And when Congress or independent bodies in their oversight roles find fault in our decisionmaking, I want to correct that and ensure that it does not happen again. Ultimately, as the Administrator of the EPA, the responsibility of identifying and making necessary changes rests with me and no one else. That is prospectively and issues that we will talk about today. With that being said, facts are facts and fiction is fiction, and a lie doesn't become true just because it appears on the page of a newspaper. Much of what has been targeted towards me and my team has been downright half-truths or stories that have been so twisted that they do not resemble reality. And I am here--and I welcome the chance to be here--to set the record straight in many of these areas. Let's have no illusions about what is really going on. Those who have attacked our efforts and attacked the process are doing so because they want to attack and derail the President's agenda and undermine this administration's priorities. I am simply not going to let that happen. And I look forward to your questions today. [The statement of Administrator Pruitt follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] ISSUES REPORTED IN THE PRESS Mr. Calvert. Thank you for your opening statement. I know you have spent a long time here so far today. I know you spent a good majority of this morning discussing some of the issues you just talked about that have been reported in the press lately. So I am going to use a little part of my time that I would rather talk about budget and some other concerns. But first, before we get started, I want to give you a moment, Administrator, to offer any comments you wish to make about those items. Anything you would like to comment about? Mr. Pruitt. Well, as I indicated, Mr. Chairman, in my opening comments, there are decisions that have been made that, as I look at them now, with respect to first-class travel, I have made changes. That was something that was predicated upon a security assessment. I can provide that to the committee. The inspector general has noticed that the threats against me have been unprecedented compared to previous administrators as it relates to the number, as well as to the type of threats, and that dictated the changes that were made in my travel. I was flying coach last year until those changes were made, based upon security assessments. I recently made changes to that, because I felt like, from an optics and perception standpoint, it was creating a distraction and I thought best to go another direction. There have been discussions about pay raises in the media. I want you to be aware that, as far as those pay raises are concerned, I was not at any time aware of the amount nor the process that was used to grant those pay raises. When I found out, I rescinded them and asked my chief of staff to resubmit them to the White House, pursuant to the protocols established. There are changes that I have already made, Mr. Chairman, with respect to these issues. But what I am trying to communicate to you today, if there are processes that have been not followed internally, and there are investigations and obviously review of that going on, I commit to you to make those changes prospectively to ensure that they are followed in the future. The recent discussion--and, Ranking Member McCollum, you brought this up--with respect to the secure communication, a little background on that, Mr. Chairman. I gave a simple communication to my leadership team that I needed secure communication in my office. From that communication, that turned into a $40,000-plus expenditure on this phone booth that the ranking member referred to. That was done by career staff. That process was approved from beginning to end, and the decision not to notify this body was made by those individuals, pursuant to advice and counsel. Our general counsel at the Agency has advised, actually, that they didn't think the notification was required. The GAO disagrees, and we have followed the GAO's request--excuse me, mandate--and notified Congress. I think it should have been done at the beginning. And I think, frankly, that the expenditure of $43,000 on secure communication should not have been made, and I would not have made the decision if I was aware of it. So that is just a sampling of some of the questions that have arisen in the media. But my objective here today is to speak to you in a way that provides you confidence that, going forward, we are going to address these issues in a meaningful way and recognize where faults have occurred and make sure they don't happen in the future. Mr. Calvert. Thank you for that. Ms. McCollum. INSPECTOR GENERAL'S DEATH THREAT ASSESSMENT Ms. McCollum. Thank you, Mr. Chairman. Well, I was going to ask a question on something else, but I want to go back to what you just brought up. I listened to the hearing this morning. When you were asked about the removal of the head of the EPA office who found that you did not face death threats, you testified that: The inspector general himself has notified that death threats against me are unprecedented. Well, we reached out to the IG's office. We asked IG Elkins if he made such comments, and he disputed your claim. Please explain yourself, Administrator. Do you need to correct the record from this morning? Are you suggesting that IG Elkins is not telling the truth? Because Patrick Sullivan is the IG employee who we think you are going to tell me made those comments. He was in the news for his close relationship with a Mr. Perrotta, the head of your security. Mr. Perrotta is also under an ethics investigation for helping to give a security contract to a business associate. So did the inspector general himself tell you that you did not face death threats, that they have not found death threats? Mr. Pruitt. Actually, as I indicated, Ranking Member McCollum, this morning, I am actually looking at an inspector general's threat investigation report right now. Ms. McCollum. Who was it issued by, sir? Mr. Pruitt. The inspector general. Ms. McCollum. Is it issued by Elkins? I just want to make sure we are looking at the same thing. Mr. Pruitt. I am just looking at the document that says inspector general. I would like to highlight just two examples. There are many on this page, but just two with respect to the threat assessments. The EPA Administrator was receiving threats on a Facebook account. The threats were directed toward me, the father. The threat stated: ``I hope your father dies soon, suffering as your mother watches in horror for hours on end.'' A second one, a correspondence between the subject and an EPA employee. OIG investigators found the following post tweeted, which states: ``Pruitt, I am going to find you and put a bullet between your eyes. Don't think I am joking. I am planning this.'' Those are just two examples of what the inspector general-- -- Ms. McCollum. Can I see the letter, please, and see who it was issued by? Mr. Calvert. If you like, you can submit that to the record. Ms. McCollum. That would be great, because, you know, we all receive death threats on our Facebook page. Mr. Calvert. Without objection. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Ms. McCollum. We all do. Thank you, Mr. Chair. Mr. Pruitt. That is what I was referring to, Ranking Member McCollum, this morning in my testimony. Ms. McCollum. But I am quoting. You said the inspector general himself has noted threats, so---- Mr. Pruitt. Well, that is what I was just reading for you. ETHICS REVIEW: CONDO LEASE Ms. McCollum. And we will look at exactly who issued that. The other thing that I would like to clear up was the lease with the condo where you were staying. This morning, you said that everything had been approved by Ethics. Is it not true that the Ethics check was done after the lease was signed? And is it not also true that the Ethics attorney at the EPA said she had not been given the full picture when she signed off on the Ethics ruling about your condo? And she said, and I quote that individual: ``Advice that is given by Ethics officials is only as good as the information that is provided.'' Was the Ethics review done after the lease was signed? Mr. Pruitt. There were actually two, and I did say this morning they were done afterwards. But there were actually two Ethics reviews. I think you are referring to Justina Fugh with respect to her comments. But there was a second one, more fulsome, more complete, where there were actually comparables of similar arrangements where they looked at the numbers. PROPOSED RULE: TRANSPARENCY IN SCIENCE Ms. McCollum. Thank you. I don't want to waste all my time on your ethical lapses. Mr. Chair, I would like to ask a question. I am very disturbed by your efforts to undermine the integrity of the EPA's science programs. You are aware of all the drastic cuts, the cuts to the advisory boards, how the advisory boards have been changed to favor industry. Currently, the EPA bases its regulations on well- established peer-reviewed research that tracks the public health of patients over decades. One of them is this groundbreaking 6-page study from the New England Journal and the Harvard School of Public Health. They show a strong link between air pollution and mortality risk, leading the EPA to regulate fine particulate matter. So scientists have collected this information. They have pledged to keep patients' names and personal information confidential. That is the way that medical research moves forward. Do you think it is appropriate, with what you are looking to do, to ask Americans to give up their personal health information for public consumption? Would you be willing to share your family's health information? Mr. Pruitt. I think perhaps there is a misunderstanding in the sense that we are not requiring that actually. We are protecting that. The changes that we have made this week, it is a proposed rule where we are saying that the third-party science that we use in support of rulemaking cannot just provide us the conclusions. It has to provide the methodology and data that supports those conclusions to ensure transparency. Under the APA, as you are aware, Ranking Member McCollum, individuals have the opportunity to receive a proposed rule and then to review it to make comments. If they cannot look at the data and the methodology and how conclusions were drawn, their ability to provide and form comments is actually prevented. Ms. McCollum. Reclaiming my time, Mr. Chair, I would like to put the New England Journal of Medicine in the report to point out how you can collect---- Mr. Calvert. Without objection. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Ms. McCollum. How they go about collecting medical data without putting individual public medical records at risk. Thank you, Mr. Chair. Mr. Pruitt. May I, Mr. Chairman? Just to be clear, in this proposed rule, confidential business information as well as personal information would be redacted and protected with respect to the transparency that we are requiring. That is actually in the proposal. Ms. McCollum. Mr. Chair, not to belabor the point, but if you are from a small rural town, you can still be identified. All of us who have worked on public healthcare records know that. We work on that. I worked on privacy issues when it comes to healthcare at the State of Minnesota for years serving there. Thank you, Mr. Chair. Mr. Calvert. I thank the gentlelady. I know one thing, we are very good at redacting things around here. Mr. Simpson. STATE AND TRIBAL ASSISTANCE GRANTS Mr. Simpson. Thank you. I wasn't going to mention this, but I happen to agree with what you have been doing recently with making available the studies and so forth that created the science, because I can tell you for years what I have heard from, whether it is organizations, individuals, associations, whatever, they come in and say: EPA came up with this rule. We have no idea how they came up with this rule. We don't know what science they used. We don't know how it was done. Our science doesn't show the same thing. And the basis of science is that if you do something and come to a conclusion, I ought to be able to look at how it was done and the factors that were used and be able to come up with the same conclusion. Then you have science. But right now, nobody knows how the EPA comes up with a lot of the information that they come up with. So I applaud the transparency that you are trying to create there as long as we can maintain that privacy of people's medical records and those other things that ought to be kept confidential. So I just wanted to throw that in there. Let me ask you a couple of questions on your budget, actually, since this is a budget hearing. One of the concerns I have and one of the things this committee has tried to do, we actually reduced the EPA's budget over the years, and one of the things we have tried to do, to the extent possible, is protect STAG grants, very important programs for State and local communities, Indian tribes, in addressing wastewater and clean drinking water standards. Several years ago, when I chaired this committee, the backlog of maintenance was like $700 billion. I think it has gone over a trillion dollars now of backlog maintenance. We appropriated $3.56 billion last year for STAG grants. The budget request is $2.9 billion or about $600 million less. How do you plan to address the backlog of maintenance to address the clean drinking water standard in this country? Mr. Pruitt. If I may, I want to commend Congress, obviously, for the omnibus that was passed recently, providing clarity on our budget. These are very important areas that you described. About half our budget historically has been focused upon these grant programs, to assist the States in implementation and critical infrastructure. It is something that I am committed to and will continue to convey that to the individuals I work with at OMB, and to hopefully see different objectives in the future. But I really appreciate the work of Congress to restore those levels of funding around those grants. RURAL WATER ASSISTANCE PROGRAM Mr. Simpson. One of the other important programs that was actually zeroed out in last year's budget that we didn't zero out and is zeroed out again in this year's budget is Rural Water Assistance. With a lot of small communities in Idaho and in other States, they depend on this Rural Water Assistance Program to help them learn how to address the standards that are necessary under the Clean Drinking Water Act. Is it wise to eliminate that program? And what coordination have you had with those local communities about how best to spend that money? Mr. Pruitt. Well, in my view, it is not wise. I think that the collaboration with the States and localities is really the heart of federalism on these issues. We have critical water infrastructure needs across this country. I mentioned lead in my opening statement. We have an opportunity as a country to take steps over the next 10 years to truly allocate resources to replace those lead service lines. I was in Cincinnati Monday of last week. They are leading the country with respect to leadership at the local level to replace lead service lines. I can only say to you that it is a commitment of mine and it is something that I want to see the Agency emphasize going forward. I am hopeful that we will have good outcomes as we go through the budgeting process. CLEAN WATER ACT: SNAKE RIVER Mr. Simpson. One final really quick question. Long introduction maybe. In 2012, the Idaho DEQ received approval from the State legislature for site-specific temperature standards for the salmonid spawning below Hells Canyon Dam on the Snake River. The rule was submitted to Region 10 EPA. In March of 2014, EPA Region 10 asked for more information on the rule, which Idaho DEQ supplied. To date, no further action has been taken on the rule. The Clean Water Act states that EPA is required to respond within 60 days on approving this rule or 90 days if it would like to see changes to the rule. Since the rule was submitted in 2012, we are now more than 2,000 days beyond that requirement. The rule is a science-based standard that NOAA Fisheries has encouraged EPA to adopt, concluding that it would not hurt fall chinook or their habitat. Will you commit to us to working with the State of Idaho and Region 10 so that we can resolve this impasse that has been going on for several years? Mr. Pruitt. It sounds like we have work to do as far as responding, and I apologize for that delay as it relates to our part of that. Chris Hladick is the new Regional Administrator in Region 10. He was one of the last that was actually approved. I think he is catching up to a certain degree. But I will be in conversations with the regional administrator to address this issue promptly. Mr. Simpson. Thank you. WATER INFRASTRUCTURE FINANCE AND INNOVATION ACT Mr. Calvert. Thank you. Just a comment on your question, Mr. Simpson, on infrastructure. Don't forget WIFIA, because I think WIFIA is going to be a great tool to help leverage moneys to go into these various programs. Mrs. Lowey. PROPOSED RULE: METHYLENE CHLORIDE Mrs. Lowey. Thank you, Mr. Chairman. Administrator Pruitt, I would like to follow up with two questions. Based upon my review, you are strategically starving programs that identify chemicals that could be harmful to children, while rolling back and delaying regulations for deadly chemicals. In December, you indefinitely delayed the proposed rule to ban paint strippers containing methylene chloride. This chemical has killed 50 Americans since 1980. Three have died since EPA first proposed to ban it. Just this past October, Drew Wynne, a 31-year-old small business owner, was killed when he was overcome by the fumes from the chemical stripper he used on the floor at his business. He bought that paint stripper at a home improvement store. When EPA conducts a cost-benefit analysis of rule promulgation, what value does it place on human life? And which is more important to you, the happiness of the industry you regulate or the safety and well-being of Americans? And what will it take for you to finalize this rule to save lives? Mr. Pruitt. So I appreciate the question, because I think there is some misinformation in the marketplace about what we have done and not done with respect to that proposed rule. As you know, the Obama administration in January as they were leaving office, proposed that ban. We have actually submitted that for comment, have received comments, and are reviewing those comments now. There has been no decision to deny that ban. I mean, that is something that is under consideration presently. It is actually one of the solvents that make up the list of 10 priorities under TSCA. So I take this issue very seriously. We are working on, obviously, the prioritization of that. Also there will be a decision on the ban, but there hasn't been a decision yet. Mrs. Lowey. Well, I appreciate your comment, and I look forward to a very clear decision, because it is costing lives. Mr. Pruitt. If I may, about the chemicals generally. We had a backlog. As you know, under TSCA, before new chemicals enter the flow of commerce, we have to approve those new chemicals. When I came into office, there were over 700 of those chemicals that formed the backlog. I actually prioritized resources at the Agency, utilizing the Office of Research and Development, to assist the programmatic office to undo that backlog, and we did, to ensure clarity going forward on those chemicals. So we have tried to make progress at prioritization around these issues and will continue to do that, but wanted to share that with you as well. Mrs. Lowey. Thank you. And I have one more question. Perhaps, though, you can discuss with us or just tell us how long that process will take, because lives are being lost in the interim. Mr. Pruitt. On the proposed ban? Mrs. Lowey. Yes. Mr. Pruitt. The comments, I actually asked earlier how many comments we had received, and I didn't get the official number. It depends on the volume of comments. But I would imagine that it is something that we can do this year. ENDOCRINE DISRUPTORS PROGRAM Mrs. Lowey. I appreciate that, and the sooner the better. I have one other question now. Your budget proposal prioritizes industry over the health of the American people, in my judgment. Last year, I asked you about the proposed elimination of the Endocrine Disruptors Program, which is critical to protecting against negative effects on public health caused by various chemical exposures. You assured me that you shared my concern and would work with us on restoring it. Yet once again you have proposed its elimination. How can you say that you will work to restore funding and then propose elimination? Mr. Pruitt. I think, Congresswoman, one of the things that I would share is that the absorption of those functions has actually gone to the Chemical Office, and we are using current available testing to address those issues. Mrs. Lowey. I am not sure what you are responding to me. Are you working on it? When can we expect a clear decision? Mr. Pruitt. Well, there is an available---- Mrs. Lowey. I can remember, frankly, when that first issue was brought to my attention, it must have been 20 years ago, by the woman who discussed it. And this is really problematic. They have found all kinds of materials put in plastic. You know the whole story and I won't go into it. But I think a decision has to be made sooner rather than later. Mr. Pruitt. Yes, ma'am. Mrs. Lowey. Yes? Mr. Pruitt. Yes. I mean the testing battery is a tiered testing methodology that our Chemical Office has in place. That is being used to absorb the requirements of the program that you have referenced in the interim until we get clarity on the budgeting aspect. Mrs. Lowey. I would be most appreciative, because this is an issue I have been following for more than 25 years. And I would appreciate it if you would give me a timeline, tell me what is happening, and as soon as possible, I hope coming to the right decision. Mr. Pruitt. With respect to the funding or what is happening in the interim until the funding is addressed? Mrs. Lowey. Both. Mr. Pruitt. Both? OK, we will do both of those things. [The information follows:] Endocrine Disruptors The Endocrine Disruptor Screening Program (EDSP) has a universe of approximately 10,000 chemicals. Tier 1 screening determines whether a chemical has the potential to interact with the endocrine system and requires more thorough testing. Tier 2 testing is conducted to rule out bioactivity for chemicals that show more potential for endocrine bioactivity. If a chemical is determined to indeed have endocrine bioactivity after completing EDSP Tier 2 testing, EPA would most likely conduct a complete risk assessment and risk mitigation exercise for that chemical. The EDSP has completed Tier 1 screening for List 1 chemicals, and identified 18 chemicals for Tier 2 screening. The EDSP has met statutory requirements for developing a tiered testing strategy (FQPA Amendments to FFDCA section 408(p)(1)) for estrogen and other endocrine activities as determined by the Administrator). The EDSP has also met the statutory requirements to take public comment on the tiered testing battery with FIFRA SAP under section 408(p)(2). EDSP is still implementing testing of all pesticides and inert ingredients with the tiered testing battery required under section 408(p)(3)(A). Mrs. Lowey. Thank you. Mr. Calvert. Thank you. Mr. Cole. FISCAL YEAR 2019 BUDGET Mr. Cole. Thank you very much, Mr. Chairman. My friend, good to see you again. Sorry it has been a long day. But as this committee knows, I have known the Administrator for over 20 years, and I have high confidence in his personal integrity and ability. And certainly if a mistake was made, I am sure it will be acknowledged and corrected, because I have seen you do it over and over again in the course of a long and very distinguished career of service. I want to move quickly, because there are some things I want to get at. I want to first thank you and the President for getting us out of the Paris climate accord. Congress never approved that, because it would not have gotten the votes in either house. And if you have got confidence in an agreement and you want it to be permanent, you need to bring it before the Congress of the United States. The last President chose not to do that. So I think this President, and on your advice, acted wisely in that area. I also want to thank you for the deregulatory thrust of your office. I hear it over and over again from farmers, ranchers, all sorts of people, how grateful they are for what your department is doing to free them up from burdensome regulations. Now, I have been fulsome enough in my praise, but I have one other point to make first. On the budget, to be fair to you and the administration, we passed the omnibus budget a month ago, roughly. I assume your budget for 2019 was prepared before we had come to a bipartisan agreement. Is that the case? Mr. Pruitt. I think that is right, Congressman. Mr. Cole. So, I mean, that suggests to me that you have to adjust the budget. We didn't give you time to do it. Frankly, we were late getting our work done. And I have seen this in agency after agency. They are sort of caught with budgets that were prepared before Congress agreed to higher spending levels. And so this is a pretty common sight in every one of the subcommittees right now. The other thing I would say, and I wouldn't have put you on the spot on this, but I have never met anybody that got to fully prepare their own budget. Usually it has to go to the OMB. One of our former colleagues, named Mr. Mulvaney, operates that. He was a pretty famous budget-cutter here. So I expect you, as always, to defend the President's budget, that is your obligation as his appointee, but you don't always get to make those final calls. And I am not going to press you on it, but the budget you submitted probably didn't come back exactly as you submitted it. Mr. Pruitt. No, there is always an active dialogue there. I appreciate your comments. STATE AND TRIBAL ASSISTANCE GRANTS Mr. Cole. OK. Now, there is one area that I do have a special concern in, and that is the cuts in the State and the Tribal grant programs. Those, as my colleague suggested, are extraordinarily important and particularly in the Tribal areas. These are not governments in many cases with much in the way of independent revenue, they don't have the ability to tax, and they are in some of the most remote and difficult sites in the country. So I would just tell you we are going to probably always be pretty aggressive at pushing back in cuts in those areas, because that is really not the Federal bureaucracy, that is money going right out directly to help the people that we all represent. So I would ask you to revisit that with the powers that be inside the administration. Mr. Pruitt. As you know, Congressman, we have an International and Tribal Affairs Office that works with those sovereign nations across the country with respect to implementation of environmental statutes and regulations. It is something that is very, very important to our efforts. So I agree with your assessment. KERR WATER LAB, ADA, OKLAHOMA Mr. Cole. I have one particularly local matter to ask you to look into. As you know, the Kerr water lab is located in Ada, Oklahoma. It has long been an EPA facility. It is a very good facility, does groundbreaking work in groundwater issues. We recently had an administrator that left there, nothing inappropriate about that, but the one before him, that was allowed to stay vacant for 4 years. We had acting administrators. So I would just ask you and your office to put some attention to that. I don't have any candidate. I just don't want the administrative post at an important national laboratory left vacant for 4 years. And, frankly, it does disadvantage us when we are actually competing for part of the budget for research and science inside the EPA. Mr. Pruitt. I hear you and I appreciate the comment. It is something that I will visit with the ORD to make sure that there are ongoing efforts to fill that position. I think those labs regionally are very, very important to the work that is done by States across the country. Because those State Implementation Plans, water quality standards, and various steps that are being taken by the States to actually implement the regulations that we are setting, they need that technical assistance. Those regional labs matter substantially to helping them do that. Mr. Cole. I would just ask that you keep us posted on the process. Again, I don't have a candidate. I just want to make sure that from a personnel standpoint that that facility has the appropriate leadership, and I would appreciate your help. With that, I yield back, Mr. Chairman. Mr. Calvert. Thank you. Ms. Pingree. FISCAL YEAR 2019 BUDGET Ms. Pingree. Thank you very much, Mr. Chair. Thank you, Administrator Pruitt. Clearly, you have had a long day and it is not over yet, but thank you for being in front of our committee. I have had a chance to listen to a lot of the dialogue earlier this morning. I am not going to ask you to repeat every single question. But I do have concerns about the many things that have been raised about how you have administered the organization, some of those things that have already been brought up, some others about retaliation of whistleblowers, your housing issues, abuse of hiring authority, violations of the Hatch Act. There is really quite a list. But I have to say, I want to focus my concerns on some of the severe policy disagreements that I have with you. First off, I had hoped you would spend a little more time defending a reasonable budget. I know my colleagues mentioned it is not easy when you are the appointee. You have a budget, you have to sort of take a little bit of what is given to you. But to have the 30 percent cuts, the dramatic cuts that we have actually bailed you out of, I think, twice now in the budget processes, they don't stand. Programs are being eliminated. This just couldn't possibly go on. I would like to see you be a little bit more rigorous in your defense. But I want to focus a little bit on a couple of issues that concern me. I have a sense that some of the appointments of this Administration don't have the same view of how they should administrate the organizations as maybe some of us do, but are somewhat there to dismantle it or to look at a different purpose. MOROCCO TRIP I know I hear praise on the other side of the aisle. But one of the concerns that I had was how you oversee the EPA, the Environmental Protection Agency. A lot of concerns have already been raised about whether you have too much of a bent towards industry, towards fossil fuels. There were concerns raised about your trip to Morocco and the idea that you were there to promote LNG sales. I can't for the life of me imagine why an EPA administrator would be over there promoting energy sales. We have a Department of Energy. You should be thinking much more about some of the challenges with LNG and why you would be on the other side. The second---- Mr. Pruitt. If I may. Ms. Pingree. Quickly. Mr. Pruitt. So there is a free trade agreement. The Ambassador of Morocco actually met with me in advance of a free trade agreement that was being negotiated and completed in February this year. We were there in December to negotiate the environmental chapter. That was the focus of the trip. There was a lot of reference made to LNG only because the ambassador asked me to share that with the individuals when I was in the country. CLIMATE CHANGE Ms. Pingree. Well, it has certainly been portrayed in another way, and it certainly raised a lot of concerns. I would not want to think that you saw yourself as promoting fossil fuels or fossil fuel sales outside the country. I am also really concerned about how you talk about climate change. It has been widely reported that you do not agree with the issues around climate change. You call it something that has been far from settled. This is a quote from you: ``I think that measuring with precision human activity on the climate is something very challenging to do and there is tremendous disagreement about the degree of impact.'' You have also been known to say that there are assumptions being made that because the climate is warming that it is necessarily a bad thing. A recent article just showed that EPA staffers are given talking points to play down climate change, to say it is not clear that there is a man-made impact, to raise uncertainty. I think we could all give a tremendous number of examples why this is on us and on us faster than we ever imagined, that scientists from around the world are talking to us about this. I thought I might just quote from a couple of letters I got actually this week. I represent the State of Maine. We are part of the Gulf of Maine, which is warming at a rate about 99 percent faster than the oceans around the world. Lobster fishing is critical both to our economy, to our tourism business, to our culture. I get these letters from kids who live in fishing communities. Here is one that said: ``One of the changes from climate changes is warming waters, rising sea levels, and the migration of lobsters. In around 50 years, the water level will rise and the coast of Maine will be having tropic temperatures and there will be many new types of fish. ``There will also be no more native species that were once here, because the global temp is going up by 1.8 percent Fahrenheit since 1880. Climate change is a real thing. It will affect the coast of Maine.'' Here is another kid who said: ``My grandfather is a second- generation fisherman who lives on one of the islands. Every summer my cousins come up, we always take a trip out to the island to eat lobsters and camp out. ``It is a tradition I know and would like to carry on with my children, but it might not be possible. If the oceans keep warming and pushing lobsters north, there will most likely not be the same island culture that there is today. Lobster fishermen will be replaced by tourists. There will be no reason for me to return to the island with my children.'' That might be through the eyes of children, but if you are not going to listen to scientists, who are you going to listen to? This is what is going on in my State. How do I go home and tell them that the Administrator of the EPA doesn't want to put resources in this, doesn't actually believe in it, and said: Oh, maybe we are getting some benefit out of this. How do you defend that? Mr. Pruitt. Well, I have indicated many times, and have said it over and over again, the climate is warming and we contribute to it. But what is lost in this discussion is what authority does the EPA have to regulate? The Clean Air Act was last amended---- CAFE STANDARDS Ms. Pingree. But with all due respect, I mean, we are going to talk about a lot of things, CAFE standard, Clean Power Rule. There are a lot of things that you are rolling back actively that I think would have a huge impact if you would stay on the other side. Mr. Pruitt. So there were two efforts made by the previous administration to regulate CO2, and both of them were struck down by the courts. Ms. Pingree. Well, get creative. There is a lot more we could be doing. Mr. Pruitt. They were creative. Ms. Pingree. CAFE standards were not struck down by the courts. Mr. Pruitt. That is not the issue we are talking about here. Ms. Pingree. Auto emissions? Mr. Pruitt. The Tailoring Rule that the previous administration adopted with respect to CO2 and then the Clean Power Plan was stayed by the U.S. Supreme Court, and it was unprecedented. That had never happened, for the U.S. Supreme Court to issue a stay while a case was pending at a lower court level. Ms. Pingree. That doesn't allow us to say we are not going to deal with this issue. Mr. Pruitt. I haven't said that. I can only take the steps that Congress authorizes me to take. The faults of the last administration on this issue is they tried to pinch hit for Congress. I have taken the additional step that no previous Republican administration has actually taken. I have actually introduced an advance notice of proposed rulemaking in the marketplace to solicit comment on our authority to regulate GHG under---- Ms. Pingree. Excuse me. I want to finish my comment here. You can say that the fault is the last administration, that they didn't do it right, they were pinch hitting for Congress. To actively deny that we are now experiencing the effect of climate change, whether it is unexpected weather, whether it is something farmers or fishermen or anyone is experiencing right now, and that we don't have to start preparing for that, and to say that there might be some benefit, which I haven't heard you justify what those benefits are, we don't have time to blame the last Congress. I want to hear some leadership out of you about what we are going to do about it. Mr. Pruitt. We have actually, as a country, reduced our CO2 footprint by almost 20 percent from the years 2000 to 2014. There was a GHG report that recently came out that showed an additional 2 percent reduction. We have led---- Ms. Pingree. Well, if it has gone down from 2000 to 2014 and you are rolling back the standards, we are not moving in the right direction. Mr. Pruitt. The other report recently came out, another 2 percent reduction, and that is largely through innovation and technology. Ms. Pingree. Not since you got there. Mr. Pruitt. Actually, it was just in the last couple of weeks that it occurred. Ms. Pingree. I yield back. I don't need to keep going on this. But I just want to be clear, I find those statements unacceptable. I can't go home and tell my district or people that I serve with or young kids in elementary school who are writing me letters that there might be some good impacts to climate change and it is OK to do nothing about it. Mr. Calvert. I thank the gentlelady. Mr. Joyce. GREAT LAKES RESTORATION INITIATIVE Mr. Joyce. Thank you, Mr. Chairman. Administrator Pruitt, the subcommittee as a whole recognizes the importance of the Great Lakes Restoration Initiative and the role it plays in our ability to protect and preserve the Great Lake ecosystem. On a bipartisan basis, we have rejected proposals that have cut, whether it was the previous administration or the current administration, funding for the GLRI. Unfortunately, the Administration's 2019 budget would once again cut GLRI funding from $300 million to $30 million. Last year the proposal was zero, so I guess in some ways it was an improvement, but I don't see it that way. Have you ever personally visited the Great Lakes region to see how GLRI projects are helping us address regional concerns like invasive species and nonpoint source pollution? Mr. Pruitt. I was actually in Region 5 this past week. Obviously, that has been a major issue for Region 5 in Chicago and the States in that region. I think the Great Lakes Initiative represents something that is very, very good for the rest of the country. You have a collection of States that have joined together to advance issues of environmental concern--invasive species is an example--and taken steps locally. They have partnered with the Federal Government to achieve better efforts. I think it is the true example of federalism. I have expressed that in these discussions internally. I will continue to do that. I really appreciate Congress restoring that $300 million for the omnibus that you just passed. Mr. Joyce. I appreciate that, because I heard that from you last year. I didn't have the opportunity to go with you when you were in Region 5, but certainly I want to extend, on behalf of Ms. Kaptur and myself, an invitation to come to the Great Lakes--and certainly a number of members---- Ms. McCollum. I have Lake Superior. Mr. Joyce. Well, ours is Erie. They are all good lakes. As I try to tell people, it is not a lake or a series of lakes; it is a national treasure, containing 85 percent of the fresh surface water in North America. So we would love to take you out there and show you firsthand some of the ways in which the GLRI has been working. Mr. Pruitt. These are regional investments. I think these regional grants and investments matter. But I appreciate your comments. Mr. Joyce. I agree on that. I strongly support increased coordination between the Federal agencies, States, Tribes and local entities. However, given the national significance of the Great Lakes, is it fair to expect the States and local communities to continue to shoulder the burden of caring for the Great Lakes? Mr. Pruitt. Hopefully, I have addressed that question as far as my commitment. I can only say to you, Congressman, that it is my belief, my conviction that we should work together to keep funding levels consistent with the omnibus level which you passed. Mr. Joyce. I thought I heard you say that the responsibility would come back to the localities. It is important that we all work together. That is the point I want to make clear. Mr. Pruitt. No, if I gave you that impression, I am sorry. I think it is a partnership that should exist between both the U.S. Government and those States and localities. GREAT LAKES ADVISORY BOARD Mr. Joyce. As part of that, there is the Great Lakes Advisory Board. Are you familiar with the Board? Mr. Pruitt. I am familiar with it, yes. Mr. Joyce. It would appear that--and I would, if I may, pass a letter to you, on behalf of Ms. Kaptur and I. Mr. Calvert. The gentleman wants to submit that for the record. Without objection. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Joyce. Thank you very much. I want to know if there is any concern that we should have regarding whether or not you are considering to disband the Great Lakes Advisory Board? Mr. Pruitt. I don't know of any current consideration to ban the board, if that is your question, Congressman. Mr. Joyce. Have you assessed whether the EPA may receive advice from our stakeholders using a mechanism other than the Federal Advisory Committee Act without violating FACA, especially when Congress has an interest in ensuring that the $300 million we appropriate annually for the GLRI should have strong public advice, support, and input to you? Mr. Pruitt. That should be reviewed as well. Mr. Joyce. Great. With that, I yield back, Mr. Chairman. Mr. Calvert. I thank the gentleman. Mr. Kilmer. CLIMATE CHANGE Mr. Kilmer. Thanks, Chairman. Thanks for being with us. Before I came to Congress, I worked in private industry. I worked in business and then in economic development. And here is what I will tell you. We saw when you do brownfield restoration, when you clean up Puget Sound, it is actually good for business. Tacoma is a more vibrant city because we remediated the surrounding lands and waters. It is a place people want to live. It is a place where businesses want to invest and can profit. But the ``P'' in EPA doesn't stand for profit, it doesn't stand for personal gain, it stands for protection. And sadly, there are far too many examples where the environmental protections that motivated the creation of this Agency have been ignored under your leadership. And a paramount example of that is climate change. So I want to follow up on Ms. Pingree's line of questioning. I would invite you to visit our region. We are seeing the impacts of climate change firsthand. You can come and see catastrophic wildfires. You can see changing ocean conditions that are impacting fishermen and shellfish growers, not just in Maine but in Washington State. Come visit our coastal communities. I represent 11 Native American Tribes. Four are coastal Tribes that as we sit here today are in the process of trying to move to higher ground because of persistent flooding. When the EPA doesn't act, the conditions on the ground in Washington State get worse. And the folks in my neck of the woods depend on your Agency to be the first line of defense, and you have let them down. You know, 3 months ago, to Ms. Pingree's point, you said: ``I think there are assumptions made that because the climate is warming that that is necessarily a bad thing. We know that humans have most flourished during these times of warming trends.'' If you came to my district, I would introduce you to Fawn Sharp, the president of the Quinault Indian Nation, who told me that the ocean was once a football field's length away from her village and now it is their front porch. You could talk to the Army Corps of Engineers in our region who have responded every time their seawall breaches and their village floods. You can visit with our shellfish growers, Bill Taylor, whose business is constantly threatened by harmful algal blooms and by increasingly acidic waters that have been so bad that our government actually declared a disaster as a consequence of it. I could introduce you to a whole bunch of folks who are impacted by this. So I am not going to ask you to defend industry relationships or your views on climate science that you just articulated. I guess I want to ask for your help. What would you say to the coastal communities I represent that face an existential threat to our fisheries that are dealing with this, with ocean acidification? Do you really think they are going to flourish because of this? Mr. Pruitt. Well, as I indicated earlier, I think there are a couple of questions with respect to this issue. The one that does get lost in the discussion quite a bit is the process and the response opportunities we have as an Agency. We are looking at those options, on what steps we can take to regulate CO2 for stationary sources. And, Congressman, that has not been done before. GREENHOUSE GAS EMISSIONS Mr. Kilmer. So let me speak to that, because you question whether you have the legal authority to do that. Even the late Justice Scalia held the opinion that you do. In a 2014 Supreme Court decision, Justice Scalia's opinion, he wrote: The EPA sought to regulate sources that it said were responsible for 86 percent of all the greenhouse gas emissions emitted from stationary sources nationwide. Under the Court's holdings, the EPA will be able to regulate sources responsible for 83 percent of those emissions. Mr. Pruitt. We are considering that as we speak. We have an advance notice of proposed rulemaking in the marketplace, soliciting comment on regulating stationary sources for greenhouse gasses. That is in the marketplace today. NO DISCHARGE ZONE Mr. Kilmer. And I know my colleagues touched on this, but also, in light of the challenges in these communities, what do you say to a poor Tribal community that is trying to move? I visited a Head Start facility in La Push, Washington, at the Quileute Tribe, that they are trying to move to higher ground because of the impacts of sea level rise. And they are struggling to find a dollar. And they are seeing this issue get worse when it is ignored in this town. How do you explain, when you spend tens of thousands of dollars on travel and thousands of dollars on soundproofing? They don't have the luxury of spending thousands of dollars on soundproofing. They can't even spend thousands of dollars on waterproofing when they are getting washed out. Mr. Pruitt. We granted the No Discharge Zone, and I think that provided environmental benefits to your community. We are taking Superfund actions. We are taking a host of actions that I think benefit those local communities with respect to environmental protection. And this issue that we are talking about here, we are evaluating our authority to address that going forward. Mr. Kilmer. I am at my 5 minutes. Thank you, Chairman, I yield back. Mr. Calvert. Thank you. Next, Mr. Amodei. FISCAL YEAR 2018 APPROPRIATION Mr. Amodei. Thanks, Mr. Chairman. Good afternoon, Mr. Administrator. I want to start with a few things. I know it is kind of thin ice to be talking about the Sooner State and stuff like that, but I do want to correct one thing that was said earlier by a member of this committee when he was referring about your budget and he said we were a little late in getting our work done. With all due respect, we weren't, those folks on the north end of the building were. I would just like the record to reflect that. Mr. Cole. I stand corrected, and I am grateful for you pointing it out. Mr. Amodei. That is good enough then. I will stop there on that one. I appreciate it. WASTEWATER AND SUPERFUND ACTIVITIES Mr. Amodei. And then the only other one--I guess the other thing I want to say as a lead-in is, on behalf of the other 40- some-odd States who have, I guess, modest and humble lakes instead of Great Lakes, thank you for your consideration, you doing those lakes also. No offense to the people from Ohio or the Superior. I want to talk with you a little bit about kind of some meat-and-potatoes stuff for the Agency and that is this. It has been my experience that when we have visited your folks in Region 9 in San Francisco, in the prior administration and in this administration they have been very helpful. And so, I don't want that to go without mention in terms of what is going on, because even though we may not be blessed with a lot of water in my neck of the woods, our issues with respect to water are still very, very important. Your Agency has done a good job of partnering with the Nevada Division of Environmental Protection, working together in terms of how your jurisdiction is shared with them and how you folks end up of achieving the goals of maintaining clean water for those of us where it predominantly comes from groundwater systems. So I want to put that on the record and thank you. We want to visit just a couple things. And I am not going to take your time today, because I know you have been fully employed so far today and I know you probably have plenty of fun things to do tonight in terms of overtime. So I just want to put on the record with your folks that we are going to be getting ahold of you and we want to talk about a couple of wastewater situations that are the result of the huge winter that we had on the eastern slope of the Sierra that are not under your direct control, but it kind of gets into your jurisdiction. One of them is north of Reno in a place called Swan Lake, if you can believe that there are swans in the desert. Another one is an update on your Superfund activities in the State, because while you don't have a lot of them, some of them are kind of long range. By necessity we just kind of want to see where we are and what the status is under your administration in going forward in that. So with that, we will look forward to getting ahold of your legislative liaison folks. Thank you for your service. I yield back and thank the gentleman from Oklahoma for his contrition on that one. Mr. Pruitt. Mr. Chairman, may I first? Mr. Calvert. Mr. Pruitt. Mr. Pruitt. I just want to offer, because I think the point the Congressman makes about the State DEQs, the Departments of Environmental Quality and Departments of Natural Resources across the country, that has been an emphasis of ours at the Agency, to work with our State partners in a very, very close way with respect to these, technical assistance. We were talking about that earlier. So I really appreciate hearing that Region 9 and others are doing that effectively because it has been a point of emphasis. Mr. Calvert. I want to point out, too, that the lake that the gentleman is referring to is shared with the great State of California. Mr. Amodei. Thank you, Mr. Chairman. I was just referring to the better part of the lake. Mr. Calvert. Ms. Kaptur. TOXIC ALGAL BLOOMS Ms. Kaptur. Thank you, Chairman Calvert and Ranking Member McCollum. Welcome back, Administrator Pruitt. I wore this color today for a reason. Last June I invited you, and I think it is fair to say Congressman Joyce joined me in this, to visit Lake Erie, the 12th-largest freshwater lake in the world and the shallowest of the five Great Lakes. That lake is choking, and it is choking deeply, due to phosphorus and manure runoff. In fact, 4 years ago the city of Toledo had to shut off its freshwater system to half a million people for 3 days because of what is happening with toxic algal blooms. Now, I am a little offended you couldn't accept our invitation. I know you are a busy man, but I read in the paper that you in the past year traveled to Italy and Morocco, and that the trip to Italy alone cost more than $120,000. Did you travel to those two countries last year? Mr. Pruitt. I did, Congresswoman. Ms. Kaptur. You did. Mr. Pruitt. And to the G7 in Italy. Ms. Kaptur. Do you have any idea what a plane ticket to Cleveland, Ohio, might cost you to come and visit? Mr. Pruitt. Probably less than the trip to Italy. GREAT LAKES RESTORATION INITIATIVE Ms. Kaptur. It would cost you a great deal less, yes. It would be about $200, $250, somewhere in that range. According to a Federal judge, who ruled just recently, you have ignored your duty as the Administrator of the Environmental Protection Agency for this Nation under the Clean Water Act. I am sure that court proceedings will bring out the truth in all of that. The President's budget for this year recommended elimination, zeroing out of the Great Lakes Restoration Initiative. What I would like to know is, did you recommend that to the President? Mr. Pruitt. I did not. Ms. Kaptur. All right. The budget you are submitting this year cuts the Great Lakes Restoration Initiative by 90 percent, $270 million, which isn't even enough. Even if we got $300 million, which we have had in the past, it wouldn't be enough to deal with what we are struggling with right now. Your budget cuts our Section 106 pollution grants by 33 percent. You eliminate Section 319 nonpoint source pollution management grants. I want you to know that all of those cuts and programs, if they were funded, represent half of Ohio EPA's budget, half. All right. So our States depend on this funding. I would like to know if you recommended to the President to cut those programs? Mr. Pruitt. I did not. REGION 5 STAFFING Ms. Kaptur. I also want to let you know that the Superfund program, which is very important to us, is terribly short- staffed in Region 5. And I am sorry to be provincial, but we have all talked about our parts of America. That is what the House does, we represent all places in our Nation. In that region there are zero hydrogeologists, who are the people who determine how the toxins may spread and endanger other citizens. Also, there are zero civil investigators, who find out who is responsible for these billion-dollar messes that we have to clean up, and require them to fund the cleanup. As we sit here today, just so you know, Region 5 has lost at least 90 employees under your leadership, and there have been only two hires that you have made, and they are both political. What I want to know is, do you have any intention, and can you fully commit, to fully staffing Region 5, not just for Superfund, but for all of the programs to protect human health and the environment in our fragile region? Mr. Pruitt. The good news is that OMB has actually lifted the hiring freeze. For Region 5, we can act with respect to those deficiencies that you have identified. Ms. Kaptur. So what are you going to do for Region 5? Mr. Pruitt. The OMB has lifted the hiring freeze. For Region 5 specifically, we can act to address the deficiencies that you have raised. Ms. Kaptur. At what level do you expect you will be able to employ individuals to do the job? Mr. Pruitt. Well, with the omnibus I am sure that we are going to have more flexibility. CLEAN WATER ACT Ms. Kaptur. All right. Now, do you understand that one of the reasons that the court is questioning your duty under the Clean Water Act is because, in terms of cleaning up Lake Erie, we needed to hear from Federal EPA because we have various States involved in this: Indiana, Ohio, Michigan, and actually Ontario, Canada. And the EPA sat on the bench, didn't do a thing. Mr. Pruitt. I don't know if you are referring to, Congressman, the water quality standards that Ohio submitted. We have been very diligent in responding to Ohio. In fact, we have asked for the data from the State of Ohio about those issues. Ms. Kaptur. You dragged your feet on declaring impaired status. The National EPA made our entire marine community, a $7 billion industry, terribly worried. This is what it looks like. We invite you out. I invite you out this year. I will drive you myself if you don't like airplanes, but apparently you fly. For us this is a life-and-death issue, and I just don't see that the EPA is serious. I am old enough, I've been around when we past Earth Day. I remember Gaylord Nelson. I remember America becoming conscious in the last quarter of the 20th century that we have to live in communion with the Earth or we all will die. It is pretty clear. My grandmother said to me in 1952, when I was nearly 6 years old, and she was an immigrant, but she was close to the land. She said: ``America will pay a great price for this.'' She pointed at our river, the same river that is sick today. She said: ``The people here don't understand what they are doing.'' She couldn't even speak English, but she knew what it meant to live in communion with the Earth. To have this kind of ignorance by the EPA, I consider at this point in our history, to be un-American. I need your help. We need the help of the Government of the United States to protect our people, to protect their economic activities, to protect their human health. I expect more than cursory answers in this committee. I will look forward to your letter of reply to questions I am submitting to the record. Thank you. Mr. Calvert. I thank the gentlelady. And rest assured the Great Lakes will be addressed in our appropriation, as it always is. Mr. Jenkins. WEST VIRGINIA Mr. Jenkins. Thank you, Mr. Chairman. Mr. Administrator, thank you for being here. In your remarks you talked about restoring confidence. Let me tell you about the people of West Virginia. I don't use the word confidence, I say hope. And this administration, in your work, in your Agency, is restoring hope to the people of West Virginia. The last administration devastated us economically. The regulatory overreach put almost one half of our coal mining jobs, coal miners out of work and on the unemployment line. We want to talk passionately about the environment and protecting what we have. Let me tell you about protecting the livelihoods of people of West Virginia, people who lost their homes, their cars, their life, literally, as a result of the heavy overreach that decimated our State and its people. What a difference, candidly, an election makes, the fact that one candidate called the people of West Virginia deplorable, one candidate that callously stood up and said her policies would put a lot of coal miners out of work, after we had just gone through 7 years of being economically devastated. RULE OF LAW If you don't like the message too often people attack the messenger. I am not apologizing for any of the actions that you have taken with regard to secure communications or travel. Those are issues you are going to have to respond to and you are going to have to be held accountable for and you are going to have to address. But I do applaud you for being pointed in saying you respect the rule of law. And it was a powerful comment made a little bit ago when a member here said: Get creative. That is exactly what the prior administration did. Gina McCarthy sat as far from me to you as we are today. I challenged her to come to West Virginia. I asked her had she ever been, and she said no. It is not your job to be creative, to advance an agenda. I think it is your job to respect the rule of law. If folks don't like what the law says, then we need to change the law. It is not your responsibility to get creative. We have had enough of that. It is amazing to me what a difference a year makes, 2 years make, because it was Gina McCarthy, sitting here just feet from me, when the EPA had been found by the inspector general of having violated antilobbying laws by using social media to promote their WOTUS program. And I could go through the litany, the failure to share information, the documentation that backed up the rules that they were advancing. The litany of misdeeds, inappropriate actions from the prior administration put us out of business in West Virginia. Today we are back in business, thanks to this administration and the promise and the commitment that you made to the coal miners of West Virginia. We are an energy State. We have got abundant coal, natural gas, oil. We have fueled the Nation. We have forged the steel that has won world wars. We have good people. They didn't deserve the last administration that absolutely deprived them of their livelihood. I appreciate the fact that you are respecting the rule of law, and I appreciate the good work of this administration getting us back in business. Thank you, Mr. Chairman. Mr. Calvert. I thank the gentleman. Ms. McCollum. STAFF RETALIATION Ms. McCollum. Thank you, Mr. Chairman. I have had a few minutes to look over the document that was given to us by Administrator Pruitt. I don't see anything in here, just for the record, because I want to make sure that Mr. Art Elkins, the Inspector General, his name doesn't appear on this. This appears to be a log that talks about Mitch McConnell and others. So I know it is in the record, but this is not a satisfactory answer to me, what you handed me. I just wanted you to know that, sir. I want to go back to the science question I had because one of my colleagues said, well, he wanted to get back to the budget. What my question on the science focused on is that you are proposing dismantling ways in which scientific health data was gathered before and making it more public. We had this discussion in the House. There is a bill that was introduced by one of our colleagues in the Science Committee, Mr. Smith. And so this proposal has been scored. This is a budget question. What the EPA would be doing would be spending $250 million annually over the next few years to supposedly ensure transparency, which does not seem to be a problem in putting together scientific evidence in medical journals that has been used in tobacco cases, other cases, and concluding what we need to do to protect the public health from harms that are being made by certain substances. I just wanted folks on the other side of the aisle to know my question did have a $250 million attachment to it of money that, in my opinion, would be wasted. Mr. Pruitt, EPA staff has been under attack during your tenure. You publicly blamed your staff instead of taking responsibility for your wasteful spending. And I heard what you said: I take full responsibility. But yet when someone asks a direct question it is always: Well, someone signed this, or someone did that, or someone did this, and I was under the impression. It seems to be a pattern. You are supporting a budget that nearly slashes 4,000 employees, and you have imposed a hiring freeze and staff buyouts. I am glad to know you are going to lift the freeze--or a portion of the freeze, we will see how big it is--in Region 5. My colleagues on the Energy and Commerce Committee spent much of the morning chronicling your numerous ethical transgressions, including reports that you reassigned several employees in retaliation for voicing their concerns about the spending and management of the Agency. In fact, some of them are gone. I would like to hear from you, because this is out in the public. I have to say that when you don't have the confidence of the public and the people that you directly have to report to--I have lost all confidence in the way that you handled some of the questions and the way that you said you took responsibility but then, in fact, deflected the responsibility. How do you think these ethics scandals are affecting employee morale? How are you going to overcome your reputation so staff do not fear retaliation? Because there is documented retaliation as far as I am concerned. How do you expect to maintain the scientific or the technical recommendations from independent peer-reviewed scientists, that have been used for decades, by Republicans and Democrats across the board, both Presidents and people in Congress. When somebody speaks out against your agenda they appear to be retaliated against, removed from a board, or just deflected. So what are you going to do to regain not only the trust of your staff, but you have lost my trust? Mr. Pruitt. I would say to you unequivocally, I am not aware of any instance that any employment action has been taken against someone for any advice or counsel they have been given with respect to spending. I am not aware of any instance of that. Ms. McCollum. Is Mr. Chmielewski, is he still in your employment? Mr. Pruitt. I am not aware of any instance in that regard. Ms. McCollum. Is Mr. Chmielewski still working for the EPA? Mr. Pruitt. It is my understanding he is not. Ms. McCollum. He is not. Mr. Pruitt. He resigned I think late last year. Ms. McCollum. He resigned? And he resigned because he actually publicly has gone on the record with a Mr. Jackson and a Mr. Reeder and a Mr. Allen a couple of times pointing out to you directly about your spending. They had questions about things going on in the office and desks and hardening of cars and other things like that. They looked at your travel plans, and a couple of times their pushback prevailed. And then Mr. Chmielewski, who had been very vocal about it, all of a sudden found himself the target. I find this kind of a curious thread. He found himself the target after he came back from a trip from Asia with Mr. Pence. He was asked to resign, turn in his credentials. Mr. Pruitt's aides informed the White House that they were dissatisfied with Mr. Chmielewski's unresponsiveness during his travel plans, including a time when he could not be reached in Hawaii when he was preparing for a visit by Mr. Pence. There were anonymous complaints filed with the EPA inspector general that alleged Mr. Chmielewski could not get the appropriate level of security clearance for his duties because of various indiscretions. After an investigation the inspector general dismissed all allegations in the complaint and found it unfounded. And it appears that Mr. Perrotta, who I had mentioned earlier, who is under an ethics investigation, was a person out to discredit him. Is Mr. Chmielewski, deserving of an apology? How do you tell other employees that if they speak up, they speak out, that the same thing won't happen to them? Mr. Pruitt. I can only say to you what I said earlier, which is I am not aware of any instance that actions have been taken from an employment status with respect to those issues. I do want to address the science issue, because, again, I think that to characterize this as somehow being selective in the kind of science that is going to be used at the Agency is just simply not reflective of the decision we have made. This is a proposal that affects all science, irrespective of the source. I think this committee, some members of this committee, would probably be upset if the API issued some sort of findings with respect to methane that didn't provide methodology and data to the Agency to support rulemaking and we didn't publish that as part of our decisionmaking. So this is---- RESIGNATION Ms. McCollum. Mr. Chair, I am reclaiming my time. I have been through this with the tobacco industry. I have been through this with Monsanto and other things in the ag industry. I think I have a good handle on what is going on. And you had an opportunity today to come here and say you were going to support peer-reviewed science that has been used for decades. You had an opportunity to say you were taking full responsibility for any ethical lapses that you had. And you had an opportunity to explain why, the ozone and the methane rule that you took to court, it was sloppy work, the court rejected it, and you didn't. You kind of not answered that directly. So I just really feel, and I have held back on doing this as some of my other colleagues have, but I think I am going to say it clearly and straight to you, because I think you deserve that, but, Mr. Pruitt, I think it is time that you resign. CLEAN AIR ACT WAIVER Mr. Calvert. Thank you. I would like to talk to you, Administrator, about clean air. Obviously, I am from California. Clean air remains critically important to me and to my constituents in California. Not only was California the first State to start regulating air quality when the Clean Air Act was written, California already had pollution rules in place. I think we have talked about that before. Because of this, in writing the Clean Air Act of 1970 California was provided a unique authority to write its own rules and set its own standards. Earlier this month the Administration took steps to reconsider and likely roll back standards set by the previous administration related to emissions for cars and light trucks for model years 2022 to 2025. As part of this revaluation you mentioned that you would also be reexamining California's waiver and the ability to set stricter standards for vehicle emissions. While the California waiver was not currently under review at the time of this hearing last year when I asked you about plans to continue the waiver in the future, you noted: It is important that we recognize the role of the States achieving good air quality standards and that it is something we are committed to in the Agency. As an advocate for States' rights, I think it is important to note that in my home State transportation accounts for about 50 percent of California's greenhouse gas pollution, about 80 percent of its smog and other air pollutants. These standards play an important role in curbing air pollution, improving air quality for my constituents. So my question is, Administrator, do you plan to continue the Clean Air Act preemption waiver that the Agency granted to California. Mr. Pruitt. Yes, Mr. Chairman, we are actually in active discussions with CARB in California. Mary Nichols and others have sent staff to discuss the MTE as well as the impending potential or proposed rule with respect to the CAFE standards. It is my hope and it is my commitment to you to work very diligently to try to find an answer with California and the 10 or so States that follow their lead, because it is very important, as best we can, to have a national standard. We have a role to play and so does California and that collaboration is important. We are committed to it. We dedicate our resources to it and will continue to work through the process to try to achieve commonality and an answer for both California, and those States and our agencies. Mr. Calvert. The history of this, as you know, President Reagan was very much involved in maintaining the waiver in the State of California. Certainly our former chairman and colleague, Jerry Lewis, who wrote a lot of the clean air standard laws in the State of California when was in the State assembly, before he came to Congress. And, of course, my colleagues on the Democratic side of the aisle in California. Of course, we were the most--we had--we still have 8 out of the top 10 most polluted areas in the United States because of our population and geographical reasons and other reasons. But we appreciate your attention to this problem. I just wanted to make sure that you understood my position. Mr. Pruitt. We are working hard with California to try to find an answer. Mr. Calvert. Thank you. Ms. Pingree. CAFE STANDARDS Ms. Pingree. Thank you very much. Thank you again, Administrator Pruitt. I appreciate my colleague and the chair bringing up this question from the perspective of many States. We are very grateful for California in setting higher air standards and that they have often moved the rest of us forward. I brought up CAFE standards before and I just want to go back on that a little bit. I am concerned about some of the changes in the Administration around CAFE standards, greenhouse gas emissions, and the relationship to that, and the idea that there would be any loosening of that standard. I look at clean air in kind of the big picture here. As I have told you ad nauseam, I come from the State of Maine. We are also at the end of tailpipe when it comes to the Clean Power Rule, which clearly you disagreed with. We are one of the States where, if there are coal-fired power plants, and I certainly sympathize with the coal miners and the challenges of those communities, but on the other hand, we get the bad air. We have high rates of childhood asthma, we have red air alert days. For a State that you think of as pristine and clean and has a huge tourism industry, it is surprising that we would end up with this bad air. So I have no idea why would you want to roll back emission standards on vehicles. There is always, of course, pressure from the industry, but there are a lot of studies and statistics that show that we have all saved a lot of money for having higher fuel efficiency standards. I know Mainers are very pleased that they pay less money at the gas pump. We have amazing technology now. We have jobs that have been created, whether it is hybrid cars or electric cars. I can say that I drive a Volt, it is a hybrid car, and I have to fight over my electric parking space in the garage now and I am getting kind of grumpy about it, because there did not used to be anybody else down there. But I think there are Republicans taking my space and I want to do something about that. There is money in this and all car companies are moving to this. So I guess my question is, it seems to me you don't have, just like climate change, our best interest at heart, that you are not on our side on this. I want to give you some time to talk about it. The other thing is this idea that the Administration is rolling back the ``once in always in'' policy. I know that gets a little obscure and complicated, but basically when we have identified sources of pollution before, we have forced them to stay with any reductions that have been made to make it simple. And so in January you also announced you are going to roll back that rule. It just seems to me that you don't take this seriously that there is something going on in our atmosphere, whether it is about the public health and asthma and all the concerns we have around that or climate change and the emissions that we have in our atmosphere. Why are you on the other side of this? Mr. Pruitt. Thank you for a couple of things about each of those issues. As you know, the time period that those standards are typically set are for 5 years. In the 2010-2011 timeframe, the previous administration adopted those standards up until 2022, 2025. That is very difficult to predict the market conditions over that long period of time. What is the price of gas? What is consumer demand? All the issues that drive the decisions with respect to those standards, it is very difficult to be predictive over that long period of time, which is why the midterm evaluation was put in place. As the midterm evaluation was evaluated in April of this year, the data that was reviewed showed that the assumptions made in 2011 didn't match what was in the marketplace in 2018 with respect to the fuel cost, the fuel demand, and other related issues. What we don't want to see happen is to set the standard so high, Congresswoman, that the manufacturers manufacture cars that people don't purchase. Because what happens is that people stay in older vehicles, which actually increases emissions because they don't have the choice. We should be focused upon efficiency for cars that people are actually wanting to purchase. So as we go through this process, we have not concluded anything yet. All we did in the midterm evaluation is to say we need to evaluate that based upon current data. There will be a proposed rule that will take place with DOT and a process where comments will be received and informed decisions will be made about whether the 54 miles per a gallon, approximately, was appropriate. AUTO EMISSIONS Ms. Pingree. With all due respect, we do have a pretty good sense of what is happening. You hear from most car companies, they are moving to electric cars. There are people lined up to buy Teslas, there are people who are talking about electric semi, tractor trailer trucks. There is a movement in that direction. So to say that suddenly we are uncertain about it or to say that somehow we should favor the oil and gas industry because maybe there have been less sales or the price is going down doesn't make any sense to me. There was a lot of certainty in which direction we were going and it seems to me you are reversing that decision. Mr. Pruitt. The other area, was it ozone? I can't remember. Ms. Pingree. My other question was around ``once in always in.'' Mr. Pruitt. Oh, ``once in always in.'' Ms. Pingree. And you rolled that back in January. Mr. Pruitt. My perspective on that is that you have major emitters and you have minor emitters under the statute. Previous policy said to those that were in the major emitter category that though they invested sometimes hundreds of millions of dollars to improve their outcomes, they always had to stay in that major emitter category. And to me, that is a disincentive. Ms. Pingree. My understanding was that they always had to comply with the level. They couldn't suddenly go back up again. They were required once they had reduced their emissions to keep those emissions reduced. Mr. Pruitt. They could never be---- Ms. Pingree. They could never emit again. Mr. Pruitt. You could never go in the minor emitter category despite investments you had made to reduce emissions. That seems to me to be a disincentive to companies across the country to invest to improve outcomes. Ms. Pingree. It seems to me a disincentive to pollute. And no matter--we are obviously at an impasse here so we will stop. But I just want to say, I don't know how the head of Environmental Protection Agency can have so little concern about climate change, so little concern about the impact on public health of these emissions, and make so many decisions that go in the opposite direction when it is clear we shouldn't be doing that. For all of us who have constituents and people and public health to protect, you don't seem to be serving our interest. Mr. Calvert. I thank the gentlelady for her questions. Just as a point, when you are looking at the causes of asthma, years ago we were looking at that on the Science Committee. It is important to look at indoor air pollution. Because of some of the pollutants that are in our homes are irritants that may have an impact on asthma also. Mr. Simpson. Mr. Simpson. Thank you, Mr. Chairman. I am going have a question here at the end of this, a really short one, but I have to make a couple of statements first. I am pleased that gentlelady is plugging in her car downstairs and supporting the coal industry that is providing that electricity that charges that car. One of the problems with electricity---- Ms. Pingree. I am being very bipartisan. SOLID SCIENCE Mr. Simpson. Yeah. And I support electric vehicles. One of the challenges you have is that in Idaho I might drive 500, 600, 700 miles a day. I don't have 4 hours to charge a battery halfway there or a third of the way there two or three times. Now, we are working on that. A lot of that work is done at the Idaho National Laboratory. You are going to have more electric cars in the future and more hybrid automobiles. That is a good thing as far as I am concerned. But I was told that since transparency of science is in fact a budget question by my ranking member, who is a good friend, I guess I can ask her about that or make a statement about that. I have a hard time believing--and it came with her opening statement where twice she used the words solid science. The question is, what is solid science if you don't have the transparency behind it to determine whether it was created in a fashion that makes it solid science? Based on who? Based on what? Whether it is the New England Journal of Medicine or a Bazooka comic book. I am not trying to equate the two. But I can't believe that anybody would have a problem with saying: Let's see how you came up with this science. How did you come to this conclusion? Can I repeat your experiment and come up with the same conclusion? If I can't, there is something wrong here. Then maybe we ought to look at it further. To me, that is what I think you are trying to accomplish here. Now the ranking member has said: I think I know what is going on here. I would like to know what is going on here, if that is it or not. But as I said in the opening round, I have heard more and more industries, businesses, associations saying: I don't how they came up with this. We can't duplicate it. And without transparency, how do you know whether it is good science or bad science? Good science is the science which I agree with, bad science is the science which is on the other side of the aisle, I guess. That is no way to do it. Ms. McCollum. Would my good friend--my good friend from Idaho invoked me, so I will be brief and then let the administrator say something. Mr. Simpson. But only if I yield, right? Ms. McCollum. Right. I am asking if you would. Mr. Simpson. Go ahead. HEALTH DATA: HIPAA Ms. McCollum. Thank you. So we are talking about health data. Scientists are able to collect health data because they pledge to keep a patient's name and personal information confidential because of HIPAA. Mr. Simpson. Reclaiming my time. Didn't the Administrator say that that could be kept confidential under the proposal that they are making? Is that what you indicated originally? Ms. McCollum. At $250 million. Mr. Pruitt. Yes, Congressman, that is correct. I think you have said it eloquently and passionately, much better than I have today. I think your assessment is absolutely right. The science that is reproducible and transferrable should drive our decisions at the Agency. We should be agnostic about the source. You know, what it is interesting about this discussion is that we are talking about third-party studies, studies that are not done at our Agency. These are not studies being done by ORD, they are not being done by a lab, they are not being done by a programmatic office. They are being done by a third party that is not under the same controls or guidance that we have as an Agency. As those third-party studies are produced to us, they undergird rulemaking. They are actually what we use to say: This is action we are taking that will apply as laws of general applicability to Americans across the country. To say that as those third-party studies come in that they should be subject to reproducibility and transferability, data and methodology should be a part of the conclusions, to me make abundant sense. That is the proposal. The concern about personal information data, confidential business information, all that will be addressed as we go through the proposed rulemaking process because it is important to protect that data. Mr. Simpson. Thank you. I was going to also comment on what Mr. Jenkins had. I have been kind of astounded here hearing people say: You need to get creative. Find a way to enforce the law. As I have studied politics since junior high school, I guess, I understood that it was the legislative branch that wrote the law, with the help of the administrative branch, and that the President could either veto or not veto a bill, that that became the law and it was your job to carry out the law as passed by Congress. And if you saw a problem that the law didn't address that needed to be changed, it was your responsibility to try and tell Congress or submit a proposal to change it so that you could address it. But otherwise it is your job to carry out the law as it exists. Mr. Pruitt. That is correct. There are certain areas within the statute, in fact we have talked about these, like New Source Review. I mean, I think there needs to be clarity in the statutes with respect to background levels and exceptional events and different things that affect the ozone determinations. Mr. Simpson. That is the same thing with WOTUS. Mr. Pruitt. Exactly. So there is work to be done there. I think the executive branch should be working with the legislative branch to provide that kind of clarity so that we know what our job is. IRIS PROGRAM Mr. Simpson. One quick question, Mr. Chairman. The report language in the fiscal year 2018 omnibus appropriation legislation noted progress is being made by the Agency to implement the critically important recommendations made by the National Academy of Sciences in their 2011 and 2014 reports on IRIS. It also expressed support to ensure that IRIS programs focus its work on the near-term regulatory needs of the EPA program offices. Can you describe how you will make sure that the IRIS program reflects the priority needs of the program offices? And what is the prioritization process? And how will the public be informed? Mr. Pruitt. Well, I am aware of the language to which you refer. We are actually in the process of funding the IRIS at prior year enacted levels. These are the steps we are taking. Mr. Simpson. OK. Mr. Calvert. Thank you. Mr. Kilmer. SECURITY DETAIL REVIEW Mr. Kilmer. Thank you, Mr. Chairman. It is alleged that the head of your security detail helped direct your Agency to pay his business partner to conduct a bug sweep. Do you think it is ethical for a public servant to hire a firm he has interest in to do government business? Mr. Pruitt. No, and that is under review. Mr. Kilmer. Did you know about it? Mr. Pruitt. I was not aware of that at all. Mr. Kilmer. So you do now. Do you intend to take any action? Mr. Pruitt. Well, it is under review by the inspector general and the Agency. Mr. Kilmer. Let me just ask. It seems today like your security team has made a lot of decisions that you now disagree with or have concerns with. Is anybody being held accountable? Mr. Pruitt. Well, what I referred to, Congressman, earlier is the assessments made by the security does impact, obviously, travel and those kinds of issues. I did take steps to change that earlier this year, with respect to the first class travel back to coach. That was something I felt was something right to do. PUGET SOUND Mr. Kilmer. Your job, and I think you heard this from my colleagues as well, is to protect our constituents. They need help to protect their homes from rising sea levels. Last year I asked you about that, you sat in that chair and you said: That is a good idea, we are just short on the money do something about it. Last year and this year again your budget had exactly zero dollars to protect Puget Sound, which you said was a good idea last year and you said we just don't have the money, we had to make some tough choices. And it seems like you have spent a lot of money on trips and security and sound proofing. You know, EPA stands for Environmental Protection Agency, not Executive Protection Agency. So why are you spending money on executive protection, but not environmental protection? Mr. Pruitt. The security decisions that have been made at the Agency are made by law enforcement personnel and I have heeded their counsel. The reason I have heeded their counsel is that I have a responsibility to do so. Now, I have made decisions. I just mentioned one with respect to how we travel. But on the issue as far as the funding for Puget Sound, that is something the omnibus, obviously, addressed. I have shared with you that we will continue to communicate the importance of that, as with the Great Lakes Initiative, and with our partners at OMB. That is something we engage in active discussion, we have engaged in pass-back communications, both last year and around budget discussions going forward. I will continue to advocate for these regional programs that matter to the environment of the Puget Sound and other areas that you have been raising today. OFFICE OF RESEARCH AND DEVELOPMENT REPROGRAMMING Mr. Kilmer. I hope they are listening. I want to ask you about your Office of Research and Development laboratory. EPA sent more than 40 employees notices that they are being reassigned to other parts of country or else they will be separated from Federal service. The omnibus contained very clear instruction which requires agencies funded by this act to submit reorganization proposals for committee review prior to their implementation. It specifies--and I am just quoting--reprogramming guidelines apply to proposed reorganizations, workforce restructure, reshaping, or transfer of functions presented in the budget justifications, or bureau-wide downsizing, especially those of significant national or regional importance, and include closures, consolidations, and relocations of offices, facilities, and laboratories presented in the budget justifications. So my questions are, will you be submitting a programing request to the committee? And can you commit to us that one will be provided? Mr. Pruitt. Well, I have made a comment earlier that I think those labs across the country are extremely important at helping our State partners and local partners do their job. Some of the recommendations that have actually been made, if not all, actually occurred in the Obama administration. I am reconsidering regional lab closures at this point and may not make any changes there at all. If there are changes, I will submit them to Congress. But at this point I am revisiting those regional decisions. Mr. Kilmer. Thank you. Thanks, Chairman. I yield back. PERSONAL SECURITY Mr. Calvert. I am going to recognize Mr. Cole here pretty soon, but first I want to make a point, Administrator. I think I can speak for the entire committee that no one wishes you physical harm on your job. And so we want to make sure that the proper security is provided and that you and your family are kept safe. I think that is important. With that, Mr. Cole. CLEAN AIR ACT WAIVER Mr. Cole. Thank you, Mr. Chairman. And I want to be very careful how I phrase this, because I don't want to get on the opposite side of my friend the chairman at all. This is a curiosity question, but has a real economic impact in my area. One of largest private employers I have is York air conditioning, which is a division of Johnson Control. It employs about 600 or 700 people, they are moving up to 1,100 people. They are clearly doing well. And the facility has been there for--you know it, you have driven down I-35 plenty of times, it is right off there on the east side of the road, been there since the early 1970s. I was recently was visiting there and there is a testing lab and they had multiple bays. And they explained one of their great problems was the fact that, while I am a big believer in federalism, waivers do cause them, particularly when it is something like California, a gigantic problem, because they are driven by markets. It is not like all States are equal, and California is an economic powerhouse. And that is actually one of the issues they raised with me. And again, not critical of anybody in California or anything like that in their view. It is that we need some measure of uniformity here if we are going to produce for a national market. So does that go into the economic consequences? It would be one thing if Oklahoma asked for a waiver on something, we are not very big, but Texas or Florida or California really are. So you see the ripples of that out through the whole economy. And sometimes that has actually been a force for the good. It has been a driver in innovation and what have you. But how do you weigh that out when you are wrestling with those decisions? Mr. Pruitt. This waiver issue has long been a point of contention. In fact, it was the Bush administration, I think in 2007-2008, that actually rejected the waiver. There are statutory criteria that you have given me to evaluate with respect to the waiver. I think you are speaking more to a practical issue, Congressman, as Congressman Calvert did earlier. I think it is very important that as we do our work at the EPA that we do it in collaboration and partnership with all States across the country. We have a job to do and we seek to work with California and others to do that job. But what I have said, and I think Congresswoman Pingree said earlier, we can't have one State dictating to the rest of the country, and I have said that. I think that it is almost like having a diplomacy effort in some respects, a State Department internal to the EPA, to work through these issues. So all I can tell you is we have dedicated staff. The head of my Air Office, Bill Wehrum, has spent substantial time in California working directly with Ms. Nichols, and that will continue. I am hopeful and optimistic that we will be able to have a decision that will benefit the entire country, take into consideration California, obviously, and their role, and achieve good outcomes. Mr. Cole. And, again, I don't mean to be critical of anybody here. And I actually brought the issue just to show some of the complexities you have to wrestle with in these issues. Because it is clear all States are equal under the Constitution, but they are not equal in terms of their economic impact or significance or how they can affect the market. Nothing wrong with that, it is just the way it is. But sometimes you are not in a very good position to satisfy people at both sides of this today. Mr. Calvert. If the gentleman would yield. Mr. Cole. Certainly yield to the chairman. L.A. BASIN--NONATTAINMENT Mr. Calvert. I think one of the reasons why California has had a waiver that is particular to the State is just the L.A. Basin itself. The L.A. Basin has significant geographic issues. It traps emissions in an area where 26 million people reside. It is the most concentrated large area in the United States. And so that is one of the reasons why it has been important for us to help regulate our own air quality. Mr. Pruitt. May I? I think, like on ozone, this issue is particularly important to the West Coast because of international transported pollution from Asia. I mean, we have made tremendous progress as a country reducing our levels with respect to ozone, but a lot of the challenges we have with nonattainment occur because of transported pollution from international sources. There are efforts that I have been engaged in with respect to Mr. Lighthizer and some discussions. 85 percent of the pollution and nonattainment in El Paso as an example, is caused by issues south of the border. So we domestically are impacted by decisions that are being made internationally, and we must use all efforts to achieve, get better outcomes there. This is one of those issues, particularly for your State. AQUIFER RECHARGE Mr. Cole. Well, again reclaiming my time. Again, I respect my friend, and I understand you are going to have to have something different with the conditions that he is talking about and living with then we might have on the plains. I am just glad to know there is a process that you work this through and try to come to an equitable decision, because it does have real consequences economically. One other quick question. In our part of the world, my part of the world, and much of the Plain State, aquifer levels have been going down for a long time. It is a real problem for us. Obviously, it is a problem agriculturally. It is a problem in terms of long-term water supply in that area. Could you give me some sort of overview of whether or not you are focusing on aquifer recharging? Where does that rank in the priorities within the department? Mr. Pruitt. Well, I think that ORD has been very involved in that and working with the States to address that. As you know, Congressman, Utah, the second-most dry State in the country, is different than Minnesota with respect to the issues that were faced on water. So I think what is important---- Ms. McCollum. Our aquifers are disappearing, too. USGS is helping us. Mr. Pruitt. Well, not just with respect to aquifers. I think what is important is that our office work with State partners to determine priorities, and we are in fact doing that. Mr. Cole. I appreciate that. I just wanted to flag it because, again, it is a hugely important problem for the future of our State. With that, Mr. Chairman, I yield back my time. Mr. Calvert. Thank the gentleman. Ms. Kaptur. Ms. Kaptur. It would be interesting to witness that personally, Congressman Cole. It would be interesting to have you make a presentation to us about Oklahoma. Mr. Cole. You probably don't have that much time. REGION 5 STAFFING Ms. Kaptur. Administrator Pruitt, thank you for your endurance here today. On a previous round of questioning, I got into detail with you about Region 5 staffing, and you stated that the hiring freeze had been lifted. But if that is so, why are no job openings listed? Mr. Pruitt. I am not sure why that has taken place. I just know OMB has suspended that hiring freeze for Region 5. Now, they did it April 12. So that may be why it has not taken place yet. So it has just been within the last 2 to 3 weeks. Ms. Kaptur. Two to three weeks. Do you---- Mr. Pruitt. No, I am sorry, that is 2017, actually 2017. So it has been over a year that that has been suspended by OMB. Ms. Kaptur. Yes. So why don't you have any job openings listed for Region 5? Under the information that I have been given, they aren't listed. So, if you are going to hire, how do people know there are jobs available, especially since many people have left the region already. Mr. Pruitt. Well, I will check into that and provide the information. [The information follows:] Region 5 Staffing As of May 10, 2018, EPA Region 5 has 3 EPA-internal job announcements listed on USAJobs.com. 1. Enforcement Investigator 2. Senior Analytical Chemist 3. Supervisory Life Scientist/Physical Scientist/ Environmental Engineer TOXIC ALGAL BLOOMS Ms. Kaptur. Great. Thank you very much for that. My next question really revolves around toxic algal blooms. Mr. Pruitt. Ma'am, one thing I would say to you with respect to those decisions is we didn't get a Region 5 regional administrator until recently. So it could have delayed, obviously, an assessment of those deficiencies. Ms. Kaptur. It took an inordinate amount of time. Mr. Pruitt. Yes, it did. CLEAN WATER ACT Ms. Kaptur. Last year, I asked you about the U.S. EPA's acceptance of Ohio's Clean Water Act assessment of the waters of Lake Erie. You countered that the State had not actually assessed the waters, as if that was an acceptable response when you, as the Federal Administrator, are required to assess those waters every 2 years under the Clean Water Act. So, what we had was a tennis match between the Federal Government and the State of Ohio; neither of which showed that much concern about what was happening to Lake Erie. Now, there is a Federal court case in which a Federal judge has stated that, in fact, the U.S. EPA had given Ohio a pass. A new report by the State of Ohio shows that, in fact, the runoff problems are getting worse. This is despite millions of dollars of voluntary efforts to try to deal with the largest watershed in the entire Great Lakes. If we can get it right here, we can get it right everywhere, but we can't get it right here yet, and the days are ticking. All people concerned in this feel that we as a country will miss the target of 20 percent reduction of phosphorus by 2020. That is not that far away. So my question really is, what practical steps can you take on an expedited basis to reach the 40 percent reduction goal that was set by international treaty agreement with the Nation of Canada by 2025? Mr. Pruitt. If I could first, it is the State's responsibility to prepare and submit lists of impaired waters to EPA under Clean Water Act 303(d). The issue with Ohio is that they were saying they could not or would not include an assessment of the open waters of Lake Erie as part of their 2016 impaired water list. The delay that you are referring to is our office and our Agency going back to Ohio saying it was really their responsibility. Now, this is subject to litigation---- Ms. Kaptur. You also have authority every 2 years under the Clean Water Act. You have the authority of the Federal Government. Mr. Pruitt. If the State refuses to do it. This is subject to litigation and we are, obviously, evaluating that. But that was what caused the delay that you are talking about, the communications between the EPA and the State of Ohio. Ms. Kaptur. One could say that over the last couple of years that there wasn't any real willingness on the Federal level, nor on the State level, to deal with this lake that is so sick. Mr. Pruitt. We are committed to doing that. TOXIC ALGAL BLOOMS Ms. Kaptur. I am really glad to hear that. Could you tell me what steps you will take, practical steps, to stop the toxic algal blooms that are killing that lake? Mr. Pruitt. I believe that those conversations, not just for Ohio but the States in the entire region, there has been a commitment through cooperation to reduce those phosphorus levels. Certain States seem to do more. I think that we have to look at TMDL opportunities to address that if States refuse to take the steps that they were supposed to take. Ms. Kaptur. Well, I reissue my invitation to you, and I think I speak for Mr. Joyce as well. Mr. Administrator, come to our area. You need to have EPA personnel on the lake, and they need to work with our people. It is not getting any better, and probably, oh my goodness, I don't how many tens of millions of dollars have been spent; we are not getting it right yet. Rotary has made this their number one priority, as high as their selection of eliminating polio years ago. You have international Rotaries interested in helping, but to what end? We need a leader. We need your department, your Agency, to engage fully, and I am really begging you to do that. Mr. Pruitt. Well, we should proceed to set up that trip. Ms. Kaptur. Thank you. Mr. Calvert. Thank you. Thank the gentlelady. Mr. Pruitt. And Congressman Joyce should be a part of that as well. Ms. Kaptur. Absolutely. We are locked at the hip. He is at one end of the state, I am at the other. Mr. Calvert. Thank you. Mr. Jenkins. Mr. Jenkins. Thank you, Mr. Chairman. I, too, would like to extend the invite. I think you are going to be doing a lot of traveling this next period. A lot of people want to invite you to their State to see concerns, see problems, seek action. As I stated in my remarks a moment ago, I want to extend and invite to you to see success, see progress, see people back to work. So I hope you will come to West Virginia. And yes, express our gratitude, but also see what work we are doing. We do care deeply about clean air, clean water. We have got scenic beauty second to none. So I hope you will come to West Virginia. Will you do it? Mr. Pruitt. Oh, absolutely. WATERS OF THE UNITED STATES Mr. Jenkins. Thank you. A couple of quick questions. For the term that I have been here on this committee, every work product out of this committee we have put limitations of funding to implement the Clean Power Plan, limitations of funding to implement waters of the U.S. Obviously, Democratic opposition to that or no action in the Senate. My question to you is, give me a status of Clean Power Plan, waters of the U.S., and the actions you are taking to reverse the implementations of those. What are you able to do? Do you have the resources in order to wind those down back to within the parameters of the statutory authority that we talked about under Clean Air and Clean Water Act earlier? Can you give me a status check, a report on this? Mr. Pruitt. With respect to WOTUS, there are actually two rules in the marketplace presently. One is a proposed withdrawal of the 2015 definition to which you refer, and there is also a rule that has been finalized extending the compliance dates with respect to the obligations under that 2015 rule. What is not in marketplace yet is a proposed replacement of the waters of the United States rule, and that is anticipated for OMB review in the month of May and no later than June. It is my hope that we will have the rescission of the 2015 rule and the comment period on the proposal to revise the definition closed by the end of 2018. NAVIGABLE WATERS AND CLEAN POWER PLAN Mr. Jenkins. So with regard to the proposal to withdraw the definition of navigable waters and the other issues that are already out there, when do we think that would become finalized and when would we see a rescission of that Obama era rule? Mr. Pruitt. As far as the proposal and the replacement, that won't occur until next month or in June. So you would see that potentially being finalized by the end of year. With respect to the proposed withdrawal, there is some contemplation about doing a supplemental notice that we would send out in the marketplace for a short time, possibly 30 days, to get some additional data on the purposes of the withdrawal. That is something I am reviewing now. But that could happen very soon, and then we could finalize that in the near future. But with respect to the Clean Power Plan, as I mentioned earlier, we have, obviously, the proposed withdrawal that has been discussed, but also an advance notice of proposed rulemaking that is in the marketplace on a potential replacement to the CPP, soliciting comment on our authority under Section 111. So that is the process we are going through. Mr. Jenkins. Are there any actions that we need to take budgetarily to give you the full resources to pursue those steps that you have outlined? Mr. Pruitt. Not that I am aware of now, Congressman. Mr. Jenkins. Thank you. Thank you, Mr. Chairman. Mr. Calvert. Thank you. And thank you, Administrator, for your testimony today. I know it has been a long day for you. I appreciate your coming up here to testify. And don't forget about DERA and Targeted AirShed grants. It is important to not just California. I appreciate your being here. Ms. McCollum. Mr. Chairman, we are going to be able to put in questions for the record. I have one on advisory panels. Mr. Calvert. Certainly, additional questions will be submitted to you, Administrator. We would like to have the answers to those to be submitted for the record. Mr. Pruitt. Thank you, Mr. Chairman. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] I N D E X ---------- Department of the Interior FY 2019 Budget Oversight Hearing April 11, 2018 Page Acting Assistance Secretary--Fish, Wildlife, and Parks Advisory Board: International Wildlife Conservation Council...... 128 African American Civil Rights Network Act........................ 140 African Elephant Sport Trophy-Hunting............................ 125 AML Pilot Program................................................ 37 Arctic National Wildlife Refuge Drilling......................... 142 Arlington Memorial Bridge........................................ 77 Asian Carp Biography--Denise Flanagan....................................... 24 Biography--Olivia Barton Ferriter................................ 23 Biography--Secretary Ryan Zinke.................................. 21 BLM Budget....................................................... 33 BLM Law Enforcement.............................................. 75 Bureau of Indian Affairs Tiwahe Initiative....................... 144 Climate Change Consultation..................................................... 30 Department Senior Level Vacancies................................ 59 Earthquake Early Warning System.................................. 56 Elwha Water Facilities........................................... 44 Endangered Species Act Fiscal Year 2019 Budget Request.................................. 59 Fisheries........................................................ 45 Fundamental Science Practices.................................... 124 GAO High Risk Programs in Indian Country......................... 60 GAO High Risk Programs: Education................................ 63 GAO High Risk Programs: Indian Energy............................ 65 Grants........................................................... 39 Grazing Permits.................................................. 119 Great Lakes Greater Sage-Grouse Conservation................................. 78 Habitat Conservation Plans....................................... 71 Hurricane Emergency Supplemental................................. 137 Invasive Species................................................. 58 King Coal Highway................................................ 38 Land and Water Conservation Fund................................. 147 Landsat.......................................................... 58 Leadership....................................................... 51 Maintenance...................................................... 46 Maintenance Backlog.............................................. 45 Mineral Withdrawal: Superior National Forest..................... 145 Monuments National Park Entrance Fees National Park Service Predator Control Rule...................... 141 Native Plants/National Seed Strategy............................. 82 NPS Acting Director Smith........................................ 140 Office Expenses.................................................. 136 Office of Inspector General...................................... 110 Office of the Solicitor Offshore Development Offshore Wind Opening Remarks of Chairman Calvert.............................. 1 Opening Remarks of Chairman Frelinghuysen........................ 5 Opening Remarks of Mrs. Lowey.................................... 6 Opening Remarks of Ms. McCollum.................................. 3 Opening Remarks of Secretary Ryan Zinke.......................... 7 Payments in Lieu of Taxes (PILT)................................. 60 Public Lands Infrastructure Fund................................. 62 Questions for the Record from Chairman Calvert................... 59 Questions for the Record from Mr. Simpson........................ 119 Questions for the Record from Ms. McCollum....................... 120 Questions for the Record from Ms. Pingree........................ 147 Reorganization Reprogramming.................................................... 31 Royalty Policy Committee......................................... 142 Science Solicitor's Opinion on Migratory Bird Treaty Act................. 138 Southern Nevada Public Lands Management Act...................... 33 State Staffing Levels............................................ 83 Statement of Secretary Ryan Zinke................................ 9 Sue and Settle................................................... 39 Topographical Map................................................ 58 Travel........................................................... 32 Twin Metals...................................................... 49 Update on new Grant Review Process and Timeliness of Getting The Funding Out.................................................... 137 USGS Budget...................................................... 57 USGS National Geospatial Program U.S Topographic Program......... 108 Veteran Photography on National Mall............................. 147 Wild Horses and Burros Wild Horses and Burros: Comprehensive Plan to Congress........... 144 Smithsonian Institution FY 2019 Budget Oversight Hearing April 12, 2018 Arts and Industries Building Biography--Secretary Skorton..................................... 165 Collections Management........................................... 178 Deferred Maintenance............................................. 169 Energy Savings and Sustainability................................ 177 Expanded Outreach................................................ 173 Introduction of Smithsonian Curators and Objects................. 153 National Air and Space Museum Funding............................ 170 National Air and Space Museum Revitalization..................... 166 National Fundraising Campaign.................................... 175 National Zoological Park Security................................ 172 Opening Remarks of Chairman Calvert.............................. 149 Opening Remarks of Mr. Cole...................................... 166 Opening Remarks of Ms. McCollum.................................. 150 Opening Remarks of Secretary Skorton............................. 151 Parking.......................................................... 168 South Mall Campus................................................ 175 Statement of Secretary Skorton................................... 155 Indian Health Service FY 2019 Budget Oversight Hearing April 17, 2018 Accreditation.................................................... 221 Accreditation Emergencies........................................ 227 Behavioral Health................................................ 206 Biography--Acting Director RADM Michael Weahkee.................. 192 Biography--Ann Church............................................ 195 Biography--Gary Hartz............................................ 194 Biography--RADM Michael Toedt, M.D............................... 193 Care Coordination Agreements..................................... 197 Centralized Credentialing........................................ 232 Construction Backlog............................................. 231 Credentialing.................................................... 199 Current Services................................................. 213 Current Services: Inflation...................................... 226 Current Services: Pay Costs...................................... 224 Current Services: Population Growth.............................. 226 Denied and Deferred Services..................................... 232 Discretionary Funding............................................ 196 Equipment........................................................ 218 Facilities....................................................... 215 Fiscal Year 2019 Budget GAO High Risk Report............................................. 228 Great Plains..................................................... 198 Great Plains Crisis.............................................. 234 IHS Health Workforce............................................. 240 Indian Health Care Improvement Fund Legislative Proposals............................................ 225 Maintenance Backlog Maternal and Child Health........................................ 237 Naloxone Native American and Native Alaskan Veterans...................... 242 Needs-based Budget for Full Funding.............................. 236 Opening Remarks of Acting Director RADM Michael Weahkee.......... 184 Opening Remarks of Chairman Calvert.............................. 181 Opening Remarks of Ms. McCollum.................................. 182 Opioid Prevention, Treatment, and Recovery Supports.............. 241 Opioids Partnering with Law Enforcement.................................. 205 Per Capita Spending Population Served................................................ 208 Purchased/Referred Care Quality Health Care.............................................. 234 Questions for the Record from Chairman Calvert................... 223 Questions for the Record from Mr. Simpson........................ 232 Questions for the Record from Ms. Katpur......................... 240 Questions for the Record from Ms. McCollum....................... 234 Recruitment Reimbursable Funding Report Directed in FY 2018 Omnibus.......... 236 Reimbursement for Medical Airlift................................ 202 Reimbursement from Third Party Collections....................... 235 Staffing Statement of Acting Director RADM Michael Weahkee................ 186 Substance Abuse.................................................. 209 Telemedicine..................................................... 220 Urban Indian Health Programs Veterans Environmental Protection Agency FY 2019 Budget Oversight Hearing April 26, 2018 Advisory Panels.................................................. 363 Algal Blooms Anaerobic Digesters.............................................. 331 Antideficiency Act (ADA) Violation/Financial Controls............ 347 Aquifer Recharge................................................. 310 Australia Trip................................................... 362 Auto Emissions................................................... 303 Background Ozone................................................. 320 Biography--Administrator Scott Pruitt............................ 257 Biography--Holly Greaves......................................... 259 CAFE Standards Clean Air Act Waiver Clean Power Plan and Methane..................................... 317 Clean Water Act Clean Water Act--Snake River..................................... 281 Clean Water Act Preemptive Votes................................. 326 Clean Water Act: Enforcement..................................... 371 Climate Change Condo Door Repayment............................................. 347 Disneyland Trip.................................................. 362 Electric Pathway: Optimal Solution............................... 369 Electric Pathway: Timeline....................................... 369 Electric Pathway: Anaerobic Digester Technology.................. 368 Endocrine Disruptors Program..................................... 283 EPA Marine Engine Waivers........................................ 322 Ethics Review: Condo Lease....................................... 271 Executive Orders and Deregulatory Actions........................ 317 Fiscal Year 2018 Appropriation................................... 294 Fiscal Year 2019 Budget Great Lakes Advisory Board....................................... 290 Great Lakes Restoration Initiative Greenhouse Gas Emissions......................................... 293 Harmful Algal Bloom Coordinator.................................. 331 Health Data: HIPAA............................................... 305 Inspector General's Death Threat Assessment...................... 261 Integrated Risk Information System (IRIS) Issues Reported in the Press..................................... 260 Italy Trip....................................................... 359 Kerr Water Lab, Ada, Oklahoma.................................... 285 L.A. Basin--Nonattainment........................................ 310 Lab Closures in contravention of Reprogramming Requirements...... 338 Memorandum from Inspector General and Protection of Personal Information.................................................... 335 Mid-term Evaluation & the California Waiver...................... 323 Morocco Trip Navigable Waters and Clean Power Plan............................ 314 No Discharge Zone................................................ 293 Office of Research and Development Reprogramming................. 308 Opening Remarks of Chairman Calvert Opening Remarks of Mr. Pruitt.................................... 247 Opening Remarks of Ms. Lowey..................................... 246 Opening Remarks of Ms. McCollum.................................. 245 Personal Security................................................ 308 Proposed Rule: Transparency in Science........................... 271 Prosed Rule: Methylene Chloride.................................. 282 Puget Sound...................................................... 307 Questions for the Record from Chairman Calvert................... 315 Questions for the Record from Mr. Joyce.......................... 331 Questions for the Record from Mr. Kilmer......................... 366 Questions for the Record from Mr. Simpson........................ 329 Questions for the Record from Mr. Young.......................... 333 Questions for the Record from Ms. Katpur......................... 368 Questions for the Record from Ms. McCollum....................... 335 Region 5 Staffing Regulatory Rollback.............................................. 365 Reid Vapor Pressure (RVP)........................................ 333 Renewable Fuel Standard (RFS) Electric Pathway................... 366 Renewable Fuel Standard: Waivers................................. 369 Renewable Fuel Standard: Wood Biomass Exclusion.................. 329 Rent and Space Consolidation..................................... 321 Resignation...................................................... 301 Rule of Law...................................................... 298 Rural Water Assistance Program................................... 281 Science and Peer Review.......................................... 337 Security Detail Review........................................... 307 Small Refinery Exemptions........................................ 333 Solid Science.................................................... 305 Staff Retaliation State and Tribal Assistance Grants (STAG) Statement of Administrator Pruitt................................ 250 Superfund and Brownfields: Budget Request vs. Actual Needs....... 318 Superfund Special Accounts: $3.3 billion Waiting to Spend on Cleanups....................................................... 319 Tier 4 Restrictions for Generators............................... 323 Wastewater and Superfund Activities.............................. 294 Water Infrastructure Finance and Innovation Act.................. 282 Waters of the United States...................................... 313 West Virginia.................................................... 297 WIFIA Implementation and Job Creation............................ 315 WOTUS: Rescinding the 2015 Rule and Rewriting the Definition of ``Waters of the U.S.''......................................... 316