Statement of Harold Craig Manson

Nominated for the position of Assistant Secretary for

Fish and Wildlife and Parks

Department of the Interior

Before the Committee on Energy and Natural Resources

United States Senate

October 3, 2001

I appreciate that the committee has taken time to hold this hearing in a time of great national crisis. As you know, the Department of the Interior's personnel, including the

U. S. Park Police and the law enforcement elements of the U.S. Fish and Wildlife Service and others have played vital roles in responding to the current crisis. Most regrettably, a U.S. Fish and Wildlife Service employee, Richard Guadagno, lost his life in the crash of the jet in Pennsylvania. Mr. Guadagno was the refuge manager of the Humboldt Bay National Wildlife Refuge in my home state of California. He was highly regarded by all who knew him and he embodied the very best attributes of the talented people in both the Fish and Wildlife Service and the National Park Service. I ask that your prayers be with his family as they are with all the families affected by this great tragedy.

As an American, I am a descendant of Africans, Europeans, and Native Americans. Born in Missouri, I grew up principally in New Mexico and California, where I now reside. I've spent 42 of the last 47 years living in the western United States, including, in addition to New Mexico and California, Arizona, Colorado, and South Dakota. I've had the great pleasure of visiting other western states for recreation, including Oregon, Wyoming, and Montana.

I received my undergraduate education at the United States Air Force Academy. Following my graduation from the Academy, I served two years as a Minuteman missile launch officer. The Air Force then sent me to law school and I received my law degree at the University of the Pacific, McGeorge School of Law in Sacramento. I served in various Air Force judge advocate assignments in the U.S. and overseas, including four years on the Air Force Academy faculty, in the Department of Law. During my faculty tour, I was assigned, with several other faculty members, to report to the Secretary of the Air Force concerning the state of Air Force compliance with environmental laws on its overseas bases.

After leaving active duty in 1989, I practiced law with a major Sacramento law firm for three years. I was then appointed by California Governor Pete Wilson to the newly created position of General Counsel of the California Department of Fish and Game. I held that position for five years, after which the Governor appointed me to be a judge. I have served on the Superior Court in Sacramento since 1998. I've also been on the faculty of McGeorge School of Law since 1992. I continue my military service in the Air National Guard, with the current rank of colonel.

Apart from unmitigated enthusiasm for I what think is the best job in Washington, I offer my experience in natural resources law and policy, an ability to build consensus across diverse interest groups, and a judicial approach to decision-making.

During my tenure with California's Department of Fish and Game, we conserved hundreds of thousands of acres of wildlife habitat in an innovative multiple species planning program in Southern California's coastal sage scrub habitat. That habitat, home to hundreds of potentially at-risk plant and animal species, stretches across the five counties in which California's most intensive growth and development pressures exist. Our natural communities conservation program had bipartisan support as well as the support of landowners, resource users, local governments and environmental interest groups. The U.S. Fish and Wildlife Service also was a partner.

In addition to our large scale multiple species plans, during my tenure at California Fish and Game, we pioneered habitat conservation plans, HCPs, using our state Endangered Species Act. At one point during the 1990's, we had more HCPs in the state of California under state law than existed in the entire rest of the country under federal law. Each of our state HCPs was based on the scientific judgments of our biologists and involved the cooperation of landowners. Again, hundreds of thousands of acres of habitat were conserved while allowing economic activities to proceed.

In all of my public service, I have had no prouder moment than in 1997 when Governor Pete Wilson signed into law amendments to the California Endangered Species Act. I had been entrusted with the Wilson administration's negotiating portfolio on that legislation. We worked diligently for four years to build a consensus among environmental groups, landowners, local governments, and agricultural interests. We listened to everybody. Eventually, our legislation, conceived by a Republican administration, was introduced by three Democratic state legislators and won bipartisan passage. The legislation placed into the California Endangered Species Act the concepts of landowner incentives and requirements for effective species recovery programs. The legislation also provided for voluntary, locally designed programs to conserve habitat while allowing agricultural activities to proceed without the counterproductive effects of a strict regulatory approach.

I mention my experiences in California to illustrate my commitment to work through environmental and natural resource public policy issues on a consensus basis whenever possible. In that regard, I am completely committed to what Secretary Norton describes as the "4 C's": communication, consultation, and cooperation, all in the service of conservation. I strongly support Secretary Norton's philosophy that the federal government must be a partner to state and local governments, individuals and non-governmental organizations affected by or interested in natural resource policy.

If I am confirmed, I will also apply my judicial experience to the issues involving our national parks and natural resources. First, every interested party will get a fair hearing: environmental interest groups, landowners, historic preservation interests, state and local government, and recreational user groups. Second, any decisions I make or recommendations I give to the Secretary will be based on the weight of the evidence. I agree with the view expressed by both the President and Secretary Norton that our natural resources public policies must be informed by sound science.

There are a number of important issues facing our National Park System. One of the significant issues is the backlog of deferred maintenance projects. I support the President's initiative to eliminate this backlog over the next five years.

This committee last summer voted to confirm the appointment of Fran Mainella as Director of the National Park Service. I have had the opportunity to spend some time with Director Mainella and she is doing an outstanding job. Working with her is something I most look forward to, if I am confirmed. The President has also nominated Steve Williams to be Director of the U.S. Fish and Wildlife Service. Dr. Williams is the director of wildlife and parks in the state of Kansas. I've also spent time with him. He is an outstanding professional in the field of natural resources management who will be an asset to the Department if he is confirmed.

I also look forward to, if I am confirmed, the opportunity to work with the talented and dedicated field employees of the National Park Service and the U.S. Fish and Wildlife Service. I have great respect for these professionals who ensure the preservation of America's greatest treasures every day.

Mr. Chairman, I love our great country and the physical resources with which we have been blessed. If confirmed, I will do my best to see that our resources remain a perpetual source of enjoyment for the American people.

I'll be pleased to answer any questions.