Statement

of

William G. Myers III

as nominee for the position of

Solicitor of the Department of the Interior

before the

Committee on Energy and Natural Resources

of the

United States Senate

June 20, 2001

First and foremost, I am passionate about the mission of the Department. This passion was instilled early in my life through innumerable trips afield for scouting, hunting, fishing and otherwise enjoying the great outdoors. In those days, I did not know or particularly care whether my activities were on federal, state, local or private lands. Not until I moved west did I begin to appreciate the differences. I chose to attend the University of Denver College of Law because it offered a strong natural resources curriculum. I took full advantage of those offerings and over time have specialized in public land law.

Lawyers have the enviable opportunity to work in a variety of places and circumstances. I have had the great pleasure of living in three western states and plying my trade across the West in places such as Lemmon, South Dakota, Three Creek, Idaho, Barrow, Alaska, and Las Cruces, New Mexico. I have practiced in a seven-lawyer firm and a 200-plus lawyer firm; in small, medium and large cities; in the United States Senate and as an assistant to the Attorney General of the United States. I have represented clients before the Justice of the Peace and the Justices of the Supreme Court. Each of these experiences has enriched me personally and, I think, made me a better lawyer.

I will bring these experiences to the position of Solicitor. The Constitution, statutes and regulations that bind the Department must be faithfully executed. The Solicitor must advise the Secretary and the various offices and bureaus of the Department on a wide array of issues. The Office of the Solicitor currently handles over 2000 administrative and judicial cases. This work is performed by nearly 400 attorneys and staff in Washington and 17 other offices across the United States. The attorneys represent the Department in administrative and judicial litigation, with and without the assistance of the Department of Justice. In addition, the attorneys prepare formal legal opinions; review draft legislation, regulations, contracts, and other documents; and provide legal advice in a wide variety of circumstances. The Department's jurisdiction over 450 million acres of America assures no lack of important and fascinating legal challenges.

I look forward to working closely with Secretary Norton on the President's initiatives for America's public lands, some of which are highlighted below.

Conservation Partnerships. Conservation works best when those who are closest to the land and water are intimately involved. People who know the landscape often know best its unique challenges and opportunities and how to conserve it. Indeed, the law has long recognized that every parcel of land is unique by providing special, "specific performance" remedies for persons aggrieved in land transactions. Partnerships between the Department and those with local knowledge can maximize conservation efforts and results. I have often observed this phenomenon, most recently as chairman of a diverse task force in Idaho appointed by Governor (and former Senator) Kempthorne. The task force was chartered to consider management alternatives for federal lands within the state. Over the course of 17 months, we consistently learned the most about federal lands from citizens who conserved, recreated on, worked on, or neighbored federal lands. And not surprisingly, they were the ones most interested in our efforts.

Maintenance of our National Parks. I have volunteered many hours of service to our national parks, including Yellowstone, Yosemite, the Great Smoky Mountains, Manassas National Battlefield Park, and Catoctin Mountain Park. Backcountry maintenance problems on trails, at ranger cabins and campsites often were more acute, perhaps because scarce resources were devoted primarily to the high traffic areas. I enthusiastically support the President's plan prioritizing maintenance of the parks' infrastructure for the enjoyment of visitors, support of park service personnel, and protection of the magnificent natural resources.

Balanced Use. Like most Americans, I support multiple use of Departmental lands. At times, those uses are aesthetic or recreational -- sunset on Half Dome, the smell of sagebrush after a spring rain, the bugle of a bull elk, the solemnity of a battlefield. At other times, those uses are commodity-based -- food and fiber from livestock grazing, lumber and paper from forests, gasoline from oil production, electricity from coal and hydroelectric generation. The fundamental challenge faced by all land management agencies is to balance and sustain these uses for the benefit of future generations -- just as our generation has benefitted from the work of those who have gone before us. President Bush and Secretary Norton recognize and accept this challenge. The Solicitor's Office can help chart a course in compliance with scores of federal statutes and regulations.

Indian Schools: I do not now fully appreciate the breadth and depth of the problems associated with schools for American Indian children. But I know the importance of a good learning environment for the education of my children. And from what I have observed, the problems in Indian Country are apparent to anyone willing to take a look. President Bush and Secretary Norton are to be commended for prioritizing solutions to address a legacy of neglect. I stand ready to lend the assistance of the Office of the Solicitor in pursuit of those solutions.

If confirmed, I will bring the whole of my experience to the challenges and opportunities facing the Department. I will do my best to uphold the honorable tradition of the Solicitor's Office, to vigorously represent my clients, to do so ethically and responsibly, and to expect the same from those who work with me. Over the years, highly skilled and effective mentors have taught me a great deal about the practice of law. The attorneys in the Office of the Solicitor are extremely knowledgeable in their chosen fields and I look forward to continuing my legal education through their counsel and advice.

Thank you, Mr. Chairman, for the invitation to testify today. I would be pleased to answer any questions.