Business meeting to consider pending calendar business.

Committee will come to order. Good morning and welcome to everybody. I want to just sort of signpost where we're going today. We've got members who have signaled to us that they've got some calendaring commitments, so we're trying to work around the development and maintenance of a quorum before some of our members may have to leave. So what I'd like to do is bring about votes on the nominations and on the legislation that we're going to be handling, and then insofar as possible and with the consent of the committee membership, we'll try to hold off on speeches, on remarks until afterwards. We don't shoot to do it this way as a default matter, but sometimes when there are special calendaring concerns, we try to adjust. The nominees that we'll be considering today are for senior positions in each of the three major agencies under this committee's jurisdiction, each of whom have submitted timely answers to senators' questions for the record of our February 25 hearing last week. And they include the Honorable Stevan Pearce to be the Director of the Bureau of Land Management, the Honorable David LaCerte, FERC Commissioner, and the Honorable Kyle Haustveit for Under Secretary of Energy. In addition to that, we've got 12 bills and some accompanying amendments that we'll consider today that include priorities for senators on both sides of the aisle. All right, so what we will do, we're going to turn to some voice votes. We will have a quorum sufficient to do the voice-voted material as soon as one more senator of either party arrives, and we're expecting a couple of them shortly. All right, so I've been advised that we've got enough present to start with the nine technical or conforming amendments for several of the bills. I ask unanimous consent that we proceed to a voice vote on the nine amendments that we have indicated and that we do those en bloc. Those amendments are amendment number two to agenda item four, amendment three to agenda item six, amendment four to agenda item six, amendment nine to agenda item seven, amendment seven to agenda item 11, amendment one to agenda item 12, amendment five to agenda item nine, amendment six to agenda item 10, and amendment eight to agenda item number 15. If there are no objections, the committee will vote by voice en bloc on the amendments that I have just indicated. All those in favor of these amendments, please signify by saying aye.

Aye.

Those opposed, say nay. The ayes appear to have it. The ayes do have it. The amendments are agreed to. We will now proceed with the confirmation votes, and we'll begin with agenda item one on that part of the calendar, the nomination of Congressman Stevan Pearce to be the Director of the Bureau of Land Management at the Department of the Interior. The clerk will call the roll. Wait, hang on. We're still waiting for one more. I jumped the gun on that. The clerk will not call the roll just yet. I'm advised that we've got one member who's seconds away coming up on the elevator right now. We'll begin with agenda item number one, the nomination of Congressman Steve Pearce to be the Director of the Bureau of Land Management at the U.S. Department of the Interior. The clerk will call the roll.

Mr. Lee.

Aye.

Mr. Barrasso.

Aye.

Mr. Risch.

Aye.

Mr. Daines.

Aye.

Mr. Cotton.

Aye by proxy.

Mr. McCormick.

Aye.

Mr. Justice.

Aye.

Mr. Cassidy.

Aye.

Ms. Hyde-Smith.

Aye.

Ms. Murkowski.

Aye.

Mr. Hoeven.

Aye.

Mr. Heinrich.

No.

Mr. Wyden.

No by proxy.

Ms. Cantwell.

No.

Ms. Hirono.

No by proxy.

Mr. King.

No by proxy.

Ms. Cortez Masto.

No.

Mr. Hickenlooper.

No by proxy.

Mr. Padilla.

No.

Mr. Gallego.

No by proxy.

On this vote, the yeas are 11, the nays are nine.

The nomination will be reported favorably.

Mr. Chairman, could I just enter a statement for the record on that nomination, my opposition?

Without objection.

Thank you.

The nomination will be reported favorably to the Senate floor, and the nomination is agreed to. Second, we'll turn to agenda item number two involving the nomination of Commissioner David LaCerte for another term as a commissioner on the Federal Energy Regulatory Commission. The clerk will call the roll.

Mr. Lee.

Aye.

Mr. Barrasso.

Aye.

Mr. Risch.

Aye.

Mr. Daines.

Aye.

Mr. Cotton.

Aye by proxy.

Mr. McCormick.

Aye.

Mr. Justice.

Aye.

Mr. Cassidy.

Aye.

Ms. Hyde-Smith.

Aye.

Ms. Murkowski.

Aye.

Mr. Hoeven.

Aye.

Mr. Heinrich.

No.

Mr. Wyden.

No by proxy.

Ms. Cantwell.

No.

Ms. Hirono.

No by proxy.

Mr. King.

Yes by proxy.

Ms. Cortez Masto.

No.

Mr. Hickenlooper.

No by proxy.

Mr. Padilla.

No.

Mr. Gallego.

No by proxy.

On this vote, the yeas are 12 and the nays are eight.

The nomination is agreed to and will be reported favorably to the floor. Next we'll turn to agenda item number three, the nomination of Assistant Secretary Kyle Haustveit to be Under Secretary of Energy at the Department of Energy. The clerk will call the roll.

Mr. Lee.

Aye.

Mr. Barrasso.

Aye.

Mr. Risch.

Aye.

Mr. Daines.

Aye.

Mr. Cotton.

Aye by proxy.

Mr. McCormick.

Aye.

Mr. Justice.

Aye.

Mr. Cassidy.

Aye.

Ms. Hyde-Smith.

Aye.

Ms. Murkowski.

Aye.

Mr. Hoeven.

Aye.

Mr. Heinrich.

No.

Mr. Wyden.

No by proxy.

Ms. Cantwell.

No.

Ms. Hirono.

No by proxy.

Mr. King.

No by proxy.

Ms. Cortez Masto.

No.

Mr. Hickenlooper.

No by proxy.

Mr. Padilla.

No.

Mr. Gallego.

No by proxy.

On this vote, the yeas are 11 and the nays are nine.

The nomination is agreed to in order to be favorably reported to the Senate. Congratulations to each of the nominees. Now I'd like to start with the remaining agenda item that requires a roll call vote so that we can address it while we have a quorum present. And we will now vote on agenda item number 12, that's S.3527 as amended, the Montana Sportsmen Conservation Act by our committee colleague Senator Daines. The clerk will call the roll.

Mr. Chairman, could I say a few words before the roll call vote?

Yes, now Senator Daines, with your indulgence, we've got a member who's got a very sensitive time commitment. We want to make sure we get through this, but I will get right to you as soon as after we go ahead.

Okay, thank you.

Mr. Lee.

Aye.

Mr. Barrasso.

Aye.

Mr. Risch.

Aye.

Mr. Daines.

Aye.

Mr. Cotton.

Aye by proxy.

Mr. McCormick.

Aye.

Mr. Justice.

Aye.

Mr. Cassidy.

Aye.

Ms. Hyde-Smith.

Aye.

Ms. Murkowski.

Aye.

Mr. Hoeven.

Aye.

Mr. Heinrich.

No.

Mr. Wyden.

No by proxy.

Ms. Cantwell.

No.

Ms. Hirono.

No by proxy.

Mr. King.

No by proxy.

Ms. Cortez Masto.

Yes.

Mr. Hickenlooper.

No by proxy.

Mr. Padilla.

No.

Mr. Gallego.

No by proxy.

On this vote, the yeas are 12, the nays are eight.

The bill is ordered reported. If there are no further requests for roll call votes, we'll now turn to the remaining agenda items on the short list and agree to them by voice vote before we turn to Senator Daines and others wishing to speak. They include agenda items number four through 11 and 13 through 15. S.601 and its House companion H.R.1276, S.815, S.1135, S.1981, S.2787, S.3004, S.2102, S.3493, H.R.204, H.R.952, and H.R.1829. If there are no objections, the committee will voice vote en bloc on the agenda items I've just listed.

Mr. Chairman, did you include 2102?

I believe so. Let me check. Yes, S.2102.

Thank you.

Yes, that is on the list. If there are no objections, the committee will voice vote en bloc on the agenda items I've just listed. Hearing no objection, the question is on reporting favorably the agenda items I've listed as amended, if amended. All those in favor, signify by saying aye.

Aye.

Opposed, nay. The ayes appear to have it. The ayes do have it, and the bills are ordered reported.

Mr. Chairman.

Yes.

On agenda item number nine, Senator Wyden, Senator Cantwell, and myself would like to be recorded as a no.

Without objection, they'll be reported as nos. Okay, at this point, we will turn to Senator Daines to speak on his legislation. Go ahead.

Chairman Lee, thank you, and thanks for including my Montana Sportsmen Conservation Act in today's markup. I want to remind my colleagues that last Congress, this bill passed this committee by a voice vote. I do want to thank Senator Cortez Masto for her aye vote on this. This was a voice vote last time. It maintains strong local support and addresses a decades-old problem in Montana. The Middle Fork Judith Wilderness Study Area was determined to be not suitable for wilderness following a six-year public engagement process that concluded in 2021. Additionally, in 2019, the Forest Service reported to the Montana legislature a recommendation for nearly one million board feet of harvest per year for fuels management and to help maintain early successional habitat for elk from this WSA. Three active cattle grazing allotments also cover the majority of the Middle Fork Judith WSA that would continue if released to general management. Fuels management would help protect the forest, the watershed, wildlife, as well as people and structures. Two other WSAs included in this bill are the Hoodoo Mountain and the Wales Creek WSAs were determined by the BLM in 2020 that these should be managed as backcountry conservation areas. If released, there would be flexibility to address the mountain pine beetle outbreak to mitigate wildfire risk and enhance backcountry recreation opportunities. Senate Bill 3257 enjoys full support of the Judith Basin and Powell County Commissions as well as the Montana Sportsmen for Fish and Wildlife, Montana Farm Bureau, Montana Outfitters and Guide Association, the Great Falls Bicycle Club, the Montana Logging Association, the Snowmobile Association, the Stockgrowers, the Blue Ribbon Coalition, Southwest Montana Conservation Coalition, and Citizens for Balanced Use. It is time to get this bill to the President's desk. Last Congress, this bill passed on the same markup as the Blackfoot Clearwater Stewardship Act, another Montana lands bill. I have and will continue to work in good faith with that partnership to draft a bill that maintains strong local and county commission support. Unfortunately, it does not quite have the support of the full county commission, but we're making some progress. I hope that the committee can again move this Sportsmen Conservation Act with a voice vote. Obviously, it turned out to be a roll call vote, a disappointment, but we got it through today, Mr. Chairman, and thank you.

Thanks so much, Senator Daines. We'll now proceed with what would have been our respective opening statements from the chair and the ranking member before we recognize anybody else who may want to speak. Today at this proceeding, we're considering three of President Trump's nominees to positions at the Bureau of Land Management, Department of Energy, and Federal Energy Regulatory Commission. At last week's hearing, each of the nominees demonstrated that they're committed to ensuring the United States can meet rising electricity demand, prepared to advance reliable, affordable energy by backing domestic production, ready to exercise disciplined regulatory judgment over transmission, wholesale markets, and natural gas infrastructure, and prepared to work with local communities when administering our public lands under the multiple use and sustained yield mandate Congress enacted in 1976 with FLPMA. These nominees are qualified, capable, and ready to serve. I support each of them and look forward to their being considered on the Senate floor now that we have advanced them out of committee. We've also considered today several bills from members on both sides of the aisle. Among those bills is a bill of mine, S. 3004, the Upper Price River Watershed Project Act. Nearly 80 percent of Utah remains in severe or extreme drought. Communities across central Utah face recurring water shortages that threaten farms, small businesses, and families. The city of Price, Utah, has developed the Upper Price River Watershed Project to address these shortages. They've spent years planning the Lower Price River Reservoir, a 7,000 acre-foot facility that will expand water storage, improve water delivery systems, and better utilize existing water resources in the watershed. To complete that project, the city requires 124 acres of Bureau of Land Management land for the reservoir site and for rerouting the existing consumer road. The bill authorizes the transfer for public purposes and allows the project to move forward, and I'm pleased that we're able to advance that out of the committee today. Before I turn over to Ranking Member Heinrich, I want to take a moment just to highlight an important aspect of how the committee's been operating. Including today's and the last three markups, we've considered 19 Democrat bills and 20 Republican bills. That number would have been 20 to 20, would have been equal, but at the request of a member of our committee, Senator King, the committee didn't consider one of his bills that was included on a previous agenda. In short, I've prepared these business meetings to have an equal number of Republican and Democrat bills. For context, during the 118th and 117th Congresses under my predecessor chairman, Chairman Joe Manchin of West Virginia, there wasn't a single markup with an even split of Republican and Democrat bills, and we've held three of those with an equal split. During the last two Congresses, every markup had more Democrat bills than Republican bills while the Democrats were in the majority, and often significantly more Democrat bills than Republican bills. What we're doing now reflects a deliberate effort to go above and beyond what the rules require and above and beyond what has traditionally been expected of this committee and of the chair. We've made a point of accommodating Democrat members of the committee and ensuring the legislation from members on both sides of the aisle have meaningful, real, and equivalent opportunity to advance. I'm proud of the bipartisan way in which we've been able to operate, and I'll continue to encourage every member of this committee, regardless of party, to work with my staff and with me to help pass those bills that we can agree on and that we can move to the floor of the Senate. With that, the chair recognizes Ranking Member Senator Heinrich.

Thank you, Chairman. Mr. Chairman, I have known Congressman Pearce for a long time, and while I very much appreciate his testimony before the Energy and Natural Resources Committee last week, I cannot in good faith vote to advance his nomination to serve as our Bureau of Land Management Director. When Congressman Pearce testified, he promised that he would not recommend rolling back national monument designations, something which is extremely important to me, and he acknowledged that the BLM cannot conduct large-scale sell-offs of public lands under existing law, which is correct. I intend to hold him to these statements, but I also know that commitments to follow the law by previous Trump administration nominees have proven unreliable at times. And while Congressman Pearce has said that his past actions opposing national monument designations and calling for public lands sell-offs are in his rearview mirror, they remain very much in the memory of every New Mexican who faced his opposition to protecting the lands that they cherish. Like my constituents, I cannot ignore Congressman Pearce's record, and for these reasons, I will be voting no on his nomination. I will also be voting no on Mr. Haustveit's nomination to be the Under Secretary of Energy. I voted for his nomination to be Assistant Secretary for Fossil Energy last year, but the role of the Under Secretary is far broader than a single fuel source. Mr. Haustveit's insistence on picking the best of the above energy sources is inconsistent with the all-of-the-above policy that Democrats and Republicans alike have championed for decades. It is also inconsistent with the role of the Under Secretary who must oversee the department's loan program, which was created to promote innovative energy technologies for the 21st century, not to subsidize the technologies of the 19th and 20th centuries. Finally, I will vote no on Mr. LaCerte's nomination for a full term to the Federal Energy Regulatory Commission. I was encouraged by his strong commitment to ratepayer protection, affordability, reliability, resource neutrality, and commission independence at his confirmation hearing. I also acknowledge that he has faithfully served on the commission for the past five months. But as I said when I voted against Laura Swartz's nomination last fall, these are not normal times. This administration is creating a grid crisis. It's killing good union jobs. It's raising electricity prices with its back-to-the-past energy policies. And until this administration respects the will of Congress, I cannot in good conscience support its nominees. We also have 12 public land bills on today's agenda, and I am pleased to support many of them, including a bill to establish the Ralph David Abernathy National Historic Site, as well as legislation that will resolve some long-standing land issues in Carson City, Nevada, a place I know well. I am also glad Chairman Lee and I were able to come to some agreement on S. 3004 to convey public land for the city of Price, Utah, to be used for public purposes. However, I want to say a few words about two bills that I will be voting against. First, on S. 2787, in 2014, Congress recognized that the Bureau of Land Management's backlog of environmental reviews created uncertainty for stockgrowers. And to address it, Congress allowed grazing permits to continue until the required review could be completed. Nearly a decade later, the problem has only grown. It is even more common for grazing on public lands to be extended without any review by the agency to adjust terms to meet changing rangeland conditions, which they are changing. 60 percent of acres on Bureau of Land Management land are currently being grazed that are currently being grazed are under automatic renewals without any review by agency staff. I am not opposed to consistency in managing grazing across public lands, I think that makes sense. However, I cannot support legislation that expands the practice of perpetual and automatic renewals of any public land use, including grazing, and for these reasons, I will be voting no on S. 2787. Second, on S. 3527, as the members of this committee know, this committee is not moving legislation to designate new wilderness areas, national monuments, or conservation areas. That is the prerogative of the chairman, but I cannot support removing public land conservation in some places without adding it in places where conservation is broadly supported by local communities and elected leaders. I hope we can find a path forward for this bill, just like I hope we can find a path forward for conservation bills in New Mexico, in Colorado, in California, in Oregon, and every other state with a wilderness bill that is awaiting action by this committee. But until we move wilderness study area release together with designation, I will oppose S. 3527, and that is the balance of my statement, Mr. Chairman.

Thanks so much, Senator Heinrich, and thank you again for your help and that of your staff on moving forward S. 3004. People of Price, Utah, are most grateful, as am I. All right, this is, I appreciate the cooperation we've gotten from our committee today, from its membership and the staff. If there are no objections, I ask unanimous consent that the committee staff, Senator Heinrich's staff working with mine, be allowed to make any necessary non-substantive technical conforming changes to the legislative texts that may be needed to be reported to the Senate. Hearing none, it's so ordered. I would otherwise ask if there are other senators who want to speak at this moment, but they have now departed, so that'll conclude today's business meeting. Thanks again to all the committee members and to Senator Heinrich and your staff. I ask my colleagues to join me in encouraging leadership to bring these bills and nominations to the floor expeditiously. The committee stands adjourned.

...Senator Heinrich.

Aye.

Senator Wyden.

Aye.

Senator Cantwell.

Aye.

Senator Hirono.

Aye.

Senator King.

Aye.

Senator Cortez Masto.

Aye.

Senator Hickenlooper.

Aye.

Senator Padilla.

Aye.

Senator Gallego.

Aye.

Senator Barrasso.

No.

Senator Risch.

No.

Senator Lee.

No.

Senator Murkowski.

No.

Senator Hoeven.

No.

Senator Cassidy.

No.

Senator Hyde-Smith.

No.

Senator Cotton.

No.

Senator Daines.

No.

Senator Justice.

No.

Senator McCormick.

No.

Mr. Chairman.

Aye.

Mr. Chairman, the yeas are 10, the nays are 11.

The nomination is not reported. The next item is the nomination of Kyle Haustveit to be Under Secretary of Energy. Is there a motion to report the nomination?

So moved.

Is there a second?

Second.

The question is on the motion to report the nomination of Kyle Haustveit. The clerk will call the roll.

Senator Heinrich.

Aye.

Senator Wyden.

Aye.

Senator Cantwell.

Aye.

Senator Hirono.

Aye.

Senator King.

Aye.

Senator Cortez Masto.

Aye.

Senator Hickenlooper.

Aye.

Senator Padilla.

Aye.

Senator Gallego.

Aye.

Senator Barrasso.

Aye.

Senator Risch.

Aye.

Senator Lee.

Aye.

Senator Murkowski.

Aye.

Senator Hoeven.

Aye.

Senator Cassidy.

Aye.

Senator Hyde-Smith.

Aye.

Senator Cotton.

Aye.

Senator Daines.

Aye.

Senator Justice.

Aye.

Senator McCormick.

Aye.

Mr. Chairman.

Aye.

Mr. Chairman, the yeas are 21, the nays are zero.

The nomination is reported. That concludes our business for today. The committee stands adjourned.