Label: "OS-2018-01155" Created Total Messages in label:8 (3 conversations) Created: 11-05-2018 at 09:27 AM Conversation Contents bone-cave harvestman lawsuit Robert Henneke From: Sent: Robert Henneke Mon May 08 2017 16:17:36 GMT-0600 (MDT) To: CC: Subject: "Domenech, Douglas" bone-cave harvestman lawsuit Dear Virginia & Casey, Thank you again for your time in meeting with me last month. I wanted to make sure that you saw that the Service did file with the Federal Register the following affirming its prior negative 90-day finding. https://www.federalregister.gov/documents/2017/05/04/2017-09010/endangered-and-threatenedwildlife-and-plants-90-day-finding-on-a-petition-to-remove-the-bone-cave. As such, the basis for the court imposed stay has ended. The Parties are now currently negotiating a new briefing schedule and scheduling order to get this case back on track. Sincerely, Rob Henneke +++++++++++++++++++++ Robert Henneke General Counsel & Director, Center for the American Future Texas Public Policy Foundation 901 Congress Avenue Austin, Texas 78701 www.americanfuture.com facebook.com/centerfortheamericanfuture @robhenneke The contents of this email message and any attachments are intended solely for the addressee(s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and its attachments. Do not deliver, distribute, or copy this message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. "Johnson, Virginia" From: Sent: To: "Johnson, Virginia" Mon May 08 2017 17:02:40 GMT-0600 (MDT) Robert Henneke > CC: Subject: "Domenech, Douglas" Re: bone-cave harvestman lawsuit Thanks, Rob. It was a genuine pleasure to meet you here in DC. Please keep us posted! Virginia On Mon, May 8, 2017 at 6:17 PM, Robert Henneke Dear Virginia & Casey, wrote: Thank you again for your time in meeting with me last month. I wanted to make sure that you saw that the Service did file with the Federal Register the following affirming its prior negative 90-day finding. https://www.federalregister.gov/documents/2017/05/04/2017-09010/endangered-and-threatenedwildlife-and-plants-90-day-finding-on-a-petition-to-remove-the-bone-cave. As such, the basis for the court imposed stay has ended. The Parties are now currently negotiating a new briefing schedule and scheduling order to get this case back on track. Sincerely, Rob Henneke +++++++++++++++++++++ Robert Henneke General Counsel & Director, Center for the American Future Texas Public Policy Foundation 901 Congress Avenue Austin, Texas 78701 www.americanfuture.com facebook.com/centerfortheamericanfuture @robhenneke The contents of this email message and any attachments are intended solely for the addressee(s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and its attachments. Do not deliver, distribute, or copy this message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. -Virginia H. Johnson Special Assistant to the Secretary U.S. Department of the Interior Telephone: Domenech, Douglas" From: Sent: To: Subject: "Domenech, Douglas" Tue May 09 2017 06:05:40 GMT-0600 (MDT) Robert Henneke Re: bone-cave harvestman lawsuit Keep fighting. Doug Domenech Senior Advisor US Department of the Interior On Mon, May 8, 2017 at 6:17 PM, Robert Henneke Dear Virginia & Casey, wrote: Thank you again for your time in meeting with me last month. I wanted to make sure that you saw that the Service did file with the Federal Register the following affirming its prior negative 90-day finding. https://www.federalregister.gov/documents/2017/05/04/2017-09010/endangered-and-threatenedwildlife-and-plants-90-day-finding-on-a-petition-to-remove-the-bone-cave. As such, the basis for the court imposed stay has ended. The Parties are now currently negotiating a new briefing schedule and scheduling order to get this case back on track. Sincerely, Rob Henneke +++++++++++++++++++++ Robert Henneke General Counsel & Director, Center for the American Future Texas Public Policy Foundation 901 Congress Avenue Austin, Texas 78701 www.americanfuture.com facebook.com/centerfortheamericanfuture @robhenneke The contents of this email message and any attachments are intended solely for the addressee(s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and its attachments. Do not deliver, distribute, or copy this message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Conversation Contents Thursday "Domenech, Douglas" From: Sent: To: Subject: "Domenech, Douglas" Tue Apr 04 2017 06:35:36 GMT-0600 (MDT) Rhenneke Thursday Rob this is what is scheduled. Location: Room 6120 in the Main Interior Building at 1849 C Street, NW. 6th floor. South end of the building next to the Secretary's Office. Check in with guard. 10:00 am to 10:30 am FWS Issues with: Jim Cason - Acting Deputy Secretary Virginia Johnson - Special Assistant, Assistant Secretary Fish Wildlife and Parks Casey Hammond - Special Assistant, Fish and Wildlife Service Dan Jorjani - Acting Principal Deputy Solicitor Doug Domenech 10:30 am to 11:00 am BLM Issue with: Jim Cason (above) Kathy Bennedetto - Special Assistant, BLM Kate MacGregor - Special Assistant, Assistant Secretary Land and Minerals Dan Jorjani (above) Doug Domenech NOTE these are 30 minutes back-to-back meetings so suggest you get here early to process in (9:30 am). In my experience these folks will have tight schedules so it is unlikely the meetings can go long. Looking forward to seeing you. Call my cell when you arrive at the building and I will try to come get you. (b) (6) . Doug Domenech Senior Advisor US Department of the Interior Mail Delivery System From: Sent: To: Subject: Mail Delivery System Tue Apr 04 2017 14:35:59 GMT-0600 (MDT) . If you do so, please include this problem report. You can delete your own text from the attached returned message. : 421 4.4.0 [internal] no MXs for this domain could be reached at this time Final-Recipient: rfc822; Rhenneke@texaspolicy.com Status: 4.4.0 Action: delayed Last-Attempt-Date: Tue, 04 Apr 2017 13:54:21 -0600 Diagnostic-Code: smtp; 421 4.4.0 [internal] no MXs for this domain could be reached at this time Robert Henneke From: Sent: To: Subject: Robert Henneke Tue Apr 04 2017 21:55:56 GMT-0600 (MDT) "Domenech, Douglas" Re: Thursday Thank you, Doug. This is outstanding – I very much appreciate you pulling these together. Side note – your email says it was sent at 7:35am, but I didn’t receive until after 8:30pm. No idea why the delay. I’ll be there no later than 9:30am. From: "Domenech, Douglas" Date: Tuesday, April 4, 2017 at 7:35 AM To: Robert Henneke Subject: Thursday Rob this is what is scheduled. Location: Room 6120 in the Main Interior Building at 1849 C Street, NW. 6th floor. South end of the building next to the Secretary's Office. Check in with guard. 10:00 am to 10:30 am FWS Issues with: Jim Cason - Acting Deputy Secretary Virginia Johnson - Special Assistant, Assistant Secretary Fish Wildlife and Parks Casey Hammond - Special Assistant, Fish and Wildlife Service Dan Jorjani - Acting Principal Deputy Solicitor Doug Domenech 10:30 am to 11:00 am BLM Issue with: Jim Cason (above) Kathy Bennedetto - Special Assistant, BLM Kate MacGregor - Special Assistant, Assistant Secretary Land and Minerals Dan Jorjani (above) Doug Domenech NOTE these are 30 minutes back-to-back meetings so suggest you get here early to process in (9:30 am). In my experience these folks will have tight schedules so it is unlikely the meetings can go long. Looking forward to seeing you. Call my cell when you arrive at the building and I will try to come get you. (b) (6) . Doug Domenech Senior Advisor US Department of the Interior Douglas Domenech From: Sent: To: Subject: > Douglas Domenech Wed Apr 05 2017 04:08:29 GMT-0600 (MDT) Robert Henneke Re: Thursday Yes we had some email issues yesterday. Sent from my iPhone On Apr 4, 2017, at 11:54 PM, Robert Henneke wrote: Thank you, Doug. This is outstanding – I very much appreciate you pulling these together. Side note – your email says it was sent at 7:35am, but I didn’t receive until after 8:30pm. No idea why the delay. I’ll be there no later than 9:30am. From: "Domenech, Douglas" Date: Tuesday, April 4, 2017 at 7:35 AM To: Robert Henneke Subject: Thursday Rob this is what is scheduled. Location: Room 6120 in the Main Interior Building at 1849 C Street, NW. 6th floor. South end of the building next to the Secretary's Office. Check in with guard. 10:00 am to 10:30 am FWS Issues with: Jim Cason - Acting Deputy Secretary Virginia Johnson - Special Assistant, Assistant Secretary Fish Wildlife and Parks Casey Hammond - Special Assistant, Fish and Wildlife Service Dan Jorjani - Acting Principal Deputy Solicitor Doug Domenech 10:30 am to 11:00 am BLM Issue with: Jim Cason (above) Kathy Bennedetto - Special Assistant, BLM Kate MacGregor - Special Assistant, Assistant Secretary Land and Minerals Dan Jorjani (above) Doug Domenech NOTE these are 30 minutes back-to-back meetings so suggest you get here early to process in (9:30 am). In my experience these folks will have tight schedules so it is unlikely the meetings can go long. Looking forward to seeing you. Call my cell when you arrive at the building and I will try to come get you. (b) (6) . Doug Domenech Senior Advisor US Department of the Interior Conversation Contents Updated Invitation: Meeting with Rob Hennek, Texas Public Policy Foundation o... @ Thu Apr 6, 2017 10am - 10:30am (douglas_domenech Attachments: /3. Updated Invitation: Meeting with Rob Hennek, Texas Public Policy Foundation o... @ Thu Apr 6, 2017 10am - 10:30am (douglas_domenech 1.1 invite.ics /3. Updated Invitation: Meeting with Rob Hennek, Texas Public Policy Foundation o... @ Thu Apr 6, 2017 10am - 10:30am (douglas_domenech 1.2 invite.ics Gareth Rees From: Sent: To: CC: Subject: Attachments: Gareth Rees Tue Mar 28 2017 13:59:57 GMT-0600 (MDT) douglas_domenech james_cason virginia_johnson casey_hammond daniel_jorjani gisella_ojeda-dodds roslyn_sellars thomas_irwin@ "tasha_l_robbins   From: To: Subject: Date: Devito, Vincent Samantha McDonald Re: THANK YOU! Thursday, August 17, 2017 4:38:49 PM yes On Thu, Aug 17, 2017 at 4:05 PM, Samantha McDonald wrote: Did you get the information you needed? From: Devito, Vincent [mailto: Sent: Thursday, August 17, 2017 3:30 PM To: Samantha McDonald Subject: Re: THANK YOU! No problem. Also, just of the phone with Scott at Performance. On Thu, Aug 17, 2017 at 2:57 PM, Samantha McDonald wrote: Vince and Greg, On behalf of my members, I wanted to thank you for the 6-month delay on the Texas Hornshell. They are most grateful for the extra time to allow their significant conservation efforts to come to fruition. It was a good call. Best, Sam Samantha McDonald Director of Government Relations Independent Petroleum Association of America / Visit IPAA / Visit ESA Watch -Vincent DeVito, Esq. Counselor to the Secretary of Interior for Energy Policy Immediate Office of the Secretary -Vincent DeVito, Esq. Counselor to the Secretary of Interior for Energy Policy Immediate Office of the Secretary From: To: Subject: Date: Samantha McDonald Devito, Vincent RE: THANK YOU! Thursday, August 17, 2017 4:06:06 PM Did you get the information you needed?    From: Devito, Vincent [mailto: Sent: Thursday, August 17, 2017 3:30 PM To: Samantha McDonald Subject: Re: THANK YOU!   No problem. Also, just of the phone with Scott at Performance.   On Thu, Aug 17, 2017 at 2:57 PM, Samantha McDonald wrote: Vince and Greg,   On behalf of my members, I wanted to thank you for the 6-month delay on the Texas Hornshell.  They are most grateful for the extra time to allow their significant conservation efforts to come to fruition.  It was a good call.   Best,   Sam     Samantha McDonald Director of Government Relations Independent Petroleum Association of America / Visit IPAA / Visit ESA Watch     -Vincent DeVito, Esq. Counselor to the Secretary of Interior for Energy Policy Immediate Office of the Secretary From: To: Subject: Date: Devito, Vincent Samantha McDonald Re: THANK YOU! Thursday, August 17, 2017 3:30:46 PM No problem. Also, just of the phone with Scott at Performance. On Thu, Aug 17, 2017 at 2:57 PM, Samantha McDonald wrote: Vince and Greg,   On behalf of my members, I wanted to thank you for the 6-month delay on the Texas Hornshell.  They are most grateful for the extra time to allow their significant conservation efforts to come to fruition.  It was a good call.   Best,   Sam     Samantha McDonald Director of Government Relations Independent Petroleum Association of America Visit IPAA / Visit ESA Watch   -Vincent DeVito, Esq. Counselor to the Secretary of Interior for Energy Policy Immediate Office of the Secretary From: To: Subject: Date: Attachments: Samantha McDonald vincent devito gregory sheehan THANK YOU! Thursday, August 17, 2017 2:58:20 PM THS ext NR final.pdf Vince and Greg,   On behalf of my members, I wanted to thank you for the 6-month delay on the Texas Hornshell.  They are most grateful for the extra time to allow their significant conservation efforts to come to fruition.  It was a good call.   Best,   Sam     Samantha McDonald Director of Government Relations Independent Petroleum Association of America / Visit IPAA / Visit ESA Watch   From: Rees, Gareth To: Todd Willens; Amy Hollg; Andrea Travnicek' Aurelia Skigwith', CaminitiI Mariagrazia; Daniel Jog'ani; Da_vid Bernhardt' Douglas Domenech; Downg Magallanes; Edward Keable; Heather Swift; James Cason; Juliette Lillie; Katharine Macgrgor; Kem Rae; Kevin Haugrud; Maureen Foster' Micah ChamberS' Michael Black' Nikolao Pula; Richard Cardinale; Scott Cameron' Scott Hommel' Timothy Williams; Vincent Devito Subject: Weekly Report to the Secretary - August 3, 2017 Date: Thursday, August 3, 2017 2:54:35 PM Attachments: Weekly Remrt to the Secretag 080317.docx Good Afternoon All. Please ?nd attached the weekly report to the Secretary. I have attached both the word and Google Doc versions of the reports. If there are any issues. please let me know. Thanks and sorry for the delay Gareth C. Rees Of?ce to the Deputy Secretary US. Department of the Interior 8 Weekly Report to the Secretary 08/03/17 From: Rees, Gareth To: Amy Hollg; Andrea Travnicek' Aurelia Skipwith; CaminitiI Mariagrazia; Christine Bauserman' Daniel Jog?ani; Douglas Domenech; Downey Magallanes; Edward Keable? Heather Swift' James Cason' Juliette Lillie' Katharine Macgrgor; Kerm Rae; Kevin Haugrud; Maureen Foster; Micah Chambers; Michael Black' Nikolao Pula' Richard Cardinale' Scott Cameron; Scott Hommel; Timothy Williams; Vincent Devito Subject: Weekly Report to the Secretary - July 20, 2017 Date: Thursday, July 27, 2017 4:29:44 PM Attachments: Weekly Remrt to the Secrng ()72717.docx Good Afternoon All. Please ?nd attached the weekly report to the Secretary. I have attached both the word and Google Doc versions of the reports. If there are any issues. please let me know. Thanks and sorry for the delay Gareth C. Rees Of?ce to the Deputy Secretary US. Department of the Interior a \Veekly Report to the Secretary 07/ 27/ 17 From: Rees, Gareth To: Amy Hollg; Andrea Travnicek' Caminitil Mariagrazia; Christine Bauserman' Daniel Jog'ani; Douglas Domenech; Downey Magallanes; Edward Keable' Heather Swift' James Cason' Juliette Lillie' Katharine Macgreggr; Km Kevin Haugrud; Maureen Foster' Micah Chambers Michael Black' Nikolao Pula' Richard Cardinale? Cameron' Scott Hommel' Timothy Williams; Vincent DevitO' Virginia Johnson Subject: Weekly Report to the Secretary - July 20, 2017 Date: Thursday, July 20, 2017 2:12:53 PM Attachments: Weekly Remit to the Secretam 072017.de Good Afternoon All. Please ?nd attached the weekly report to the Secretary. I have attached both the word and Google Doc versions of the reports. If there are any issues. please let me know. Thanks Gareth C. Rees Of?ce to the Deputy Secretary US. Department of the Interior a \Veekly Report to the Secretary 07/20/17 From: To: Subject: Date: Devito, Vincent Samantha McDonald Re: Letter to FWS from IPAA Wednesday, July 19, 2017 5:51:23 AM Thank you. Please let me know what you may be hearing as this unfolds. On Wed, Jul 12, 2017 at 8:26 AM, Samantha McDonald wrote: Vincent, Great meeting you a couple weeks ago.  Given your interest in help with energy matters, I wanted to flag for you a wildlife letter we sent to the Acting Director at FWS yesterday we have about a potential listing of the Texas Hornshell mussel in New Mexico and Texas. It appears our energy is being blamed as a deterrent to the species, despite facts on water science and lack of sound science.  We’re really hoping that you can intervene before this species gets listed next month.  Thanks for all you do and I look forward to continuing to work with you! Best, Sam     Samantha McDonald Director of Government Relations Independent Petroleum Association of America / Visit IPAA / Visit ESA Watch   From: Rees, Gareth To: Amy Holley; CaminitiI Mariagrazia; Christine Bauserman? Daniel Jog'ani; Douglas Domenech; Downey Magallanes; Edward Keable? Heather Swift? James Cason' Juliette Lillie' Katharine Macgrgor; Kerry Rae; Kevin Haugrud; Maureen Foster' Micah Chambers; Michael Black; Nikolao Pula; Richard Cardinale; Scott Cameron' Hommel; Timothy Williams; Vincent Devit0? Virginia Johnson Subject: Weekly Report to the Secretary - July 13, 2017 Date: Friday, July 14, 2017 10:29:24 AM Attachments: Weekly Remit to the Secretary 071317.docx Good Morning All. Please ?nd attached the weekly report to the Secretary. I have attached both the word and Google Doc versions of the reports. If there are any issues. please let me know. Thanks Gareth C. Rees Of?ce to the Deputy Secretary US. Department of the Interior 5 Weekly Report to the Secretary 07/13/17 From: To: Subject: Date: Attachments: Vincent Devito Fwd: Letter to FWS from IPAA Wednesday, July 12, 2017 9:15:05 AM ATT00001.htm TX Hornshell.7.11.17.Sheehan.pdf ATT00002.htm Pls print.  Begin forwarded message: From: Samantha McDonald Date: July 12, 2017 at 8:26:18 AM EDT To: "vincent_devito wrote: Thanks for the introduction, Rob. I certainly appreciate it. Doug, As you may know, my office is involved with the Red River issue between the BLM and the Texas General Land Office. I was hoping you have some availability either the afternoon of July 19 or the morning/early afternoon of July 20 for a meeting to discuss the Red River. Attending the meeting would be me and GLO special counsel, Hector Valle. Thank you for your assistance and I look forward to hearing from you. Take care, KB Kaleb Bennett Deputy Director Federal Legislative Affairs Commissioner George P. Bush Texas General Land Office Robert Henneke [ Sent: Wednesday, July 12, 2017 1:45 PM To: Domenech, Douglas com>] Cc: Kaleb Bennett Subject: Introduction to Kaleb Bennett Doug, Via this email, I’d like to introduce you to Kaleb Bennett. Kaleb serves as the Deputy Director for Federal Legislative Affairs for the Texas General Land Office and asked to be connected regarding his upcoming trip to WDC. Thanks, Rob :00605788 FOIA001:00605786 To: Kaleb Bennett Cc: Domenech, Douglas Jorjani marigrace.caminiti From: Daniel Jorjani Sent: 2017-07-17T08:44:12-04:00 Importance: Normal Subject: Re: Introduction to Kaleb Bennett Received: 2017-07-17T08:44:18-04:00 Daniel Adding MG. Sent from my iPhone On Jul 17, 2017, at 8:28 AM, Kaleb Bennett wrote: Doug, We’d be more than happy to meet with Daniel. Daniel, please let me know if you have time late Wednesday afternoon or Thursday morning/early afternoon. Thank you and take care, KB Kaleb Bennett Deputy Director Federal Legislative Affairs Commissioner George P. Bush Texas General Land Office From: Domenech, Douglas Sent: Friday, July 14, 2017 9:05 AM To: Kaleb Bennett < Cc: Daniel Jorjani < Subject: Re: Introduction to Kaleb Bennett Kaleb - Thanks for the email. If possible, I would like to refer you to Dan Jorjani our Principal Deputy Solicitor (and Acting Solicitor). He is better suited to take the meeting. I am copying him on the email. Thanks. Doug Domenech Doug Domenech FOIA001:00605786 Senior Advisor US Department of the Interior NOTE: Every email I send or receive is subject to release under the Freedom of Information Act. On Wed, Jul 12, 2017 at 3:23 PM, Kaleb Bennett wrote: Thanks for the introduction, Rob. I certainly appreciate it. Doug, As you may know, my office is involved with the Red River issue between the BLM and the Texas General Land Office. I was hoping you have some availability either the afternoon of July 19 or the morning/early afternoon of July 20 for a meeting to discuss the Red River. Attending the meeting would be me and GLO special counsel, Hector Valle. Thank you for your assistance and I look forward to hearing from you. Take care, KB Kaleb Bennett Deputy Director Federal Legislative Affairs Commissioner George P. Bush Texas General Land Office From: Robert Henneke Sent: Wednesday, July 12, 2017 1:45 PM To: Domenech, Douglas Cc: Kaleb Bennett Subject: Introduction to Kaleb Bennett FOIA001:00605786 Doug, Via this email, I’d like to introduce you to Kaleb Bennett. Kaleb serves as the Deputy Director for Federal Legislative Affairs for the Texas General Land Office and asked to be connected regarding his upcoming trip to WDC. Thanks, Rob FOIA001:00605784 To: Kaleb Bennett[ Cc: Daniel Jorjani[ From: Domenech, Douglas Sent: 2017-07-14T10:04:50-04:00 Importance: Normal Subject: Re: Introduction to Kaleb Bennett Received: 2017-07-14T10:05:17-04:00 Kaleb - Thanks for the email. If possible, I would like to refer you to Dan Jorjani our Principal Deputy Solicitor (and Acting Solicitor). He is better suited to take the meeting. I am copying him on the email. Thanks. Doug Domenech Doug Domenech Senior Advisor US Department of the Interior NOTE: Every email I send or receive is subject to release under the Freedom ofInformation Act. On Wed, Jul 12, 2017 at 3:23 PM, Kaleb Bennett wrote: Thanks for the introduction, Rob. I certainly appreciate it. Doug, As you may know, my office is involved with the Red River issue between the BLM and the Texas General Land Office. I was hoping you have some availability either the afternoon of July 19 or the morning/early afternoon of July 20 for a meeting to discuss the Red River. Attending the meeting would be me and GLO special counsel, Hector Valle. FOIA001:00605784 Thank you for your assistance and I look forward to hearing from you. Take care, KB Kaleb Bennett Deputy Director Federal Legislative Affairs Commissioner George P. Bush Texas General Land Office From: Robert Henneke [mailto: Sent: Wednesday, July 12, 2017 1:45 PM To: Domenech, Douglas < Cc: Kaleb Bennett Subject: Introduction to Kaleb Bennett Doug, Via this email, I’d like to introduce you to Kaleb Bennett. Kaleb serves as the Deputy Director for Federal Legislative Affairs for the Texas General Land Office and asked to be connected regarding his upcoming trip to WDC. Thanks, Rob FOIA001:00605782 To: Domenech, Douglas[ Cc: Daniel Jorjani From: Daniel Jorjani Sent: 2017-07-14T09:51:39-04:00 Importance: Normal Subject: Re: Introduction to Kaleb Bennett Received: 2017-07-14T09:51:49-04:00 Of course. MG can set it up. Sent from my iPhone On Jul 14, 2017, at 9:48 AM, Domenech, Douglas wrote: I think it would be better for you and perhaps Jim or Todd to meet with these people. I am happy to attend but, as far as I know, we the Department is in litigation over this issue with my former employer, TPPF, as the plaintiff. The meeting would be with the State of Texas. If you agree I will direct them to you. Doug Domenech Senior Advisor US Department of the Interior NOTE: Every email I send or receive is subject to release under the Freedom ofInformation Act. ---------- Forwarded message ---------From: Kaleb Bennett Date: Wed, Jul 12, 2017 at 3:23 PM Subject: RE: Introduction to Kaleb Bennett To: Robert Henneke "Domenech, Douglas" Thanks for the introduction, Rob. I certainly appreciate it. Doug, As you may know, my office is involved with the Red River issue between the BLM and the Texas FOIA001:00605782 General Land Office. I was hoping you have some availability either the afternoon of July 19 or the morning/early afternoon of July 20 for a meeting to discuss the Red River. Attending the meeting would be me and GLO special counsel, Hector Valle. Thank you for your assistance and I look forward to hearing from you. Take care, KB Kaleb Bennett Deputy Director Federal Legislative Affairs Commissioner George P. Bush Texas General Land Office From: Robert Henneke [ Sent: Wednesday, July 12, 2017 1:45 PM To: Domenech, Douglas Cc: Kaleb Bennett < Subject: Introduction to Kaleb Bennett Doug, FOIA001:00605782 Via this email, I’d like to introduce you to Kaleb Bennett. Kaleb serves as the Deputy Director for Federal Legislative Affairs for the Texas General Land Office and asked to be connected regarding his upcoming trip to WDC. Thanks, Rob FOIA001:00605777 To: Robert Henneke[ Douglas From: Kaleb Bennett Sent: 2017-07-12T15:23:58-04:00 Importance: Normal Subject: RE: Introduction to Kaleb Bennett Received: 2017-07-12T15:24:11-04:00 ; Domenech, Thanks for the introduction, Rob. I certainly appreciate it. Doug, As you may know, my office is involved with the Red River issue between the BLM and the Texas General Land Office. I was hoping you have some availability either the afternoon of July 19 or the morning/early afternoon of July 20 for a meeting to discuss the Red River. Attending the meeting would be me and GLO special counsel, Hector Valle. Thank you for your assistance and I look forward to hearing from you. Take care, KB Kaleb Bennett Deputy Director Federal Legislative Affairs Commissioner George P. Bush Texas General Land Office From: Robert Henneke Sent: Wednesday, July 12, 2017 1:45 PM To: Domenech, Douglas < Cc: Kaleb Bennett < Subject: Introduction to Kaleb Bennett Doug, Via this email, I’d like to introduce you to Kaleb Bennett. Kaleb serves as the Deputy Director for Federal Legislative Affairs for the Texas General Land Office and asked to be connected regarding his upcoming trip to WDC. Thanks, Rob FOIA001:00605755 To: Robert Henneke Cc: casey_hammond@ios.doi.gov Douglas From: Virginia Johnson Sent: 2017-05-22T12:01:07-04:00 Importance: Normal Subject: Re: George Will's column about the BCH lawsuit Received: 2017-05-22T12:01:19-04:00 Domenech, Thanks so much. I had not seen. Virginia On May 22, 2017, at 10:16 AM, Robert Henneke wrote: I wanted to make sure that you saw George Will’s column in yesterday’s Washington Post discussing the commerce clause constitutional issue in the bonecave harvestman lawsuit https://www.washingtonpost.com/opinions/federal-power-creeps-its-way-towardcontrolling----spiders/2017/05/19/1e7189bc-3caf-11e7-a058ddbb23c75d82 story.html?utm term=.e82705c5e369 Federal power creeps its way toward controlling . . . spiders? Law books and a gavel. (iStock/iStock) By George F. Will Opinion writer May 19 A blind spider creeping through America’s judicial thicket might be heading to the Supreme Court, which will have to decide if the contentment or even the survival of the Bone Cave Harvestman spider species, which lives only in two central Texas counties, is any of the federal government’s FOIA001:00605755 business. If it is, what isn’t? The U.S. Fish and Wildlife Service (USFWS), which administers the Endangered Species Act, is blind to the limits of its imperium, which it thinks encompasses telling John Yearwood what he can and cannot do on the ranch that has been in his family since 1871. To stymie the USFWS, Yearwood must surmount, among other things, a precedent involving Roscoe Filburn, the Ohio farmer whose 1942 loss in the Supreme Court mocked the doctrine that the federal government is one of limited, because enumerated, powers. Filburn was minding what he thought was his business when Washington taught him that the Constitution’s commerce clause (“Congress shall have power to . . . regulate commerce . . . among the several states”) means that almost everything is the federal government’s business. To stabilize prices, the government set production quotas not only for wheat sold into interstate commerce but for wheat consumed on the farm for animal feed. Filburn expressed his dissent by producing 269 bushels in excess of his quota and refusing to pay the fine. Read These Comments The best conversations on The Washington Post His insubordination reached the Supreme Court, which by then was thoroughly deferential to the New Deal’s capacious theory of federal power. The court held FOIA001:00605755 that Congress could regulate even Filburn’s wheat that never reached interstate commerce, because that wheat “supplies a need of the man who grew it which would otherwise be reflected by purchases in the open market. Home-grown wheat in this sense competes with wheat in commerce.” Seventy-five years on, recent decisions have brought commerce clause jurisprudence closer to the Founding Fathers’ intention as presented by Chief Justice John Marshall in McCulloch v. Maryland (1819). The clause requires a “plain” connection, not merely attenuated chains of inferences, between a congressional act and an enumerated power. Furthermore, recent decisions require not only that a federal statute pertain to “activities having a substantial relation to interstate commerce,” but also that the statute pass muster under the necessary and proper clause: Congress may “make all laws . . . necessary and proper” to executing enumerated powers. A statute, Justice Clarence Thomas has said, must be “appropriate,” bearing an “obvious, simple, and direct relation” to an enumerated power. A lower court has sided with the USFWS against Yearwood, dogmatically postulating that all species are “interdependent.” Therefore, even the tiniest bit of the ecosystem is presumptively implicated in potentially substantial effects on interstate commerce. FOIA001:00605755 So, Yearwood, who hitherto made his property available cost-free to 4-H, church and military groups for camping, horseback riding and other activities, has stopped this, and even ceased clearing brush to reduce the risk of snakes and fires, lest he be subject to federal prosecution for disturbing, harming or endangering the spiders. Indeed, such is the federal government’s unsleeping solicitude for the spiders, it says they must be protected from other bugs, such as fire ants. Reverence for nature evidently requires preventing natural competitions. Judge Alex Kozinski of the U.S. Court of Appeals for the 9th Circuit has written that modern commerce clause decisions make one wonder why it is not called the “Hey, you-can-dowhatever-you-feel-like clause.” So far, the spider story — the application of the Endangered Species Act to an entirely intrastate species that is neither bought nor sold nor traded in interstate commerce — demonstrates that federal power, like kudzu, will expand everywhere and into everything until it is stopped. The Supreme Court can stop it if the spider case gets there. The court can apply its 2005 ruling that congressional regulation of intrastate, noncommercial activity is proper only when the activity is an “essential part of a larger regulation of economic activity, in which the regulatory scheme could be undercut unless the intrastate activity were regulated.” Furthermore, in 2012, while Chief Justice John G. Roberts Jr. was irritating conservatives as he saved the Affordable FOIA001:00605755 Care Act by creatively construing some of its provisions, he simultaneously held that even a necessary exercise of power under the commerce clause is not proper if it “would work a substantial expansion of federal authority.” The blind spider might make other courts, and the rest of the government, see the Supreme Court’s 1995 ruling that the government may not “convert congressional Commerce Clause authority to a general police power of the sort held only by the states.” Read more from George F. Will’s archive or follow him on Facebook. FOIA001:00605744 To: Domenech, Douglas[ Cc: Robert Henneke Macgregor[ From: Macgregor, Katharine Sent: 2017-04-07T08:54:16-04:00 Importance: Normal Subject: Re: Emails Received: 2017-04-07T08:54:23-04:00 ; Katharine Hey Robert - Great to meet you. I want to hear more about the spider suit. -K On Fri, Apr 7, 2017 at 8:46 AM, Domenech, Douglas < Great seeing you. You met with: Jim Cason, Acting Deputy Secretary. Casey Hammond, Special Assistant, FWS: Virginia Johnson, Special Assistant, ASFWP: Kate McGregor, Deputy Assistant Secretary Land and Minerals: Doug Domenech Senior Advisor US Department of the Interior -Kate MacGregor 1849 C ST NW Room 6625 Washington DC 20240 wrote: FOIA001:00605721 To: Robert Henneke Cc: casey_hammond@ Douglas From: Johnson, Virginia Sent: 2017-05-08T19:02:40-04:00 Importance: Normal Subject: Re: bone-cave harvestman lawsuit Received: 2017-05-08T19:02:46-04:00 Domenech, Thanks, Rob. It was a genuine pleasure to meet you here in DC. Please keep us posted! Virginia On Mon, May 8, 2017 at 6:17 PM, Robert Henneke wrote: Dear Virginia & Casey, Thank you again for your time in meeting with me last month. I wanted to make sure that you saw that the Service did file with the Federal Register the following affirming its prior negative 90-day finding. https://www.federalregister.gov/documents/2017/05/04/2017-09010/endangered-andthreatened-wildlife-and-plants-90-day-finding-on-a-petition-to-remove-the-bone-cave. As such, the basis for the court imposed stay has ended. The Parties are now currently negotiating a new briefing schedule and scheduling order to get this case back on track. Sincerely, Rob Henneke +++++++++++++++++++++ Robert Henneke General Counsel & Director, Center for the American Future Texas Public Policy Foundation 901 Congress Avenue Austin, Texas 78701 www.americanfuture.com facebook.com/centerfortheamericanfuture @robhenneke The contents of this email message and any attachments are intended solely for the addressee(s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and its attachments. Do not deliver, distribute, or copy this message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. FOIA001:00605721 -Virginia H. Johnson Special Assistant to the Secretary U.S. Department of the Interior Telephone: FOIA001:00605720 To: Robert Henneke[ From: Domenech, Douglas Sent: 2017-05-09T08:05:40-04:00 Importance: Normal Subject: Re: bone-cave harvestman lawsuit Received: 2017-05-09T08:06:07-04:00 Keep fighting. Doug Domenech Senior Advisor US Department of the Interior On Mon, May 8, 2017 at 6:17 PM, Robert Henneke wrote: Dear Virginia & Casey, Thank you again for your time in meeting with me last month. I wanted to make sure that you saw that the Service did file with the Federal Register the following affirming its prior negative 90-day finding. https://www.federalregister.gov/documents/2017/05/04/2017-09010/endangered-andthreatened-wildlife-and-plants-90-day-finding-on-a-petition-to-remove-the-bone-cave. As such, the basis for the court imposed stay has ended. The Parties are now currently negotiating a new briefing schedule and scheduling order to get this case back on track. Sincerely, Rob Henneke +++++++++++++++++++++ Robert Henneke General Counsel & Director, Center for the American Future Texas Public Policy Foundation 901 Congress Avenue Austin, Texas 78701 www.americanfuture.com facebook.com/centerfortheamericanfuture @robhenneke The contents of this email message and any attachments are intended solely for the addressee(s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and its attachments. Do not deliver, distribute, or copy this message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any :00605720 attachments. FOIA001:00605527 To: Domenech, Douglas[ Cc: Kaleb Bennett[ From: Robert Henneke Sent: 2017-07-12T14:44:41-04:00 Importance: Normal Subject: Introduction to Kaleb Bennett Received: 2017-07-12T14:43:54-04:00 Doug, Via this email, I’d like to introduce you to Kaleb Bennett. Kaleb serves as the Deputy Director for Federal Legislative Affairs for the Texas General Land Office and asked to be connected regarding his upcoming trip to WDC. Thanks, Rob FOIA001:00605481 To: Virginia Johnson[ Cc: casey_hammond Douglas From: Robert Henneke Sent: 2017-06-05T14:57:13-04:00 Importance: Normal Subject: golden-cheeked warbler lawsuit Received: 2017-06-05T14:56:05-04:00 GLO GCW Complaint.pdf Domenech, Virginia, I wanted to make you aware that we filed today the attached lawsuit involving ESA regulation of the goldencheeked warbler. This is the effort we discussed that raises the NEPA issue as well as the lack of critical habitat designation in addition to the scientific basis for delisting. TPPF represents the Texas General Land Office as the plaintiff. We see the message of this case as a success story for conservation and the Endangered Species Act. Relying upon the 2015 Texas A&M University Institute of Renewable Natural Resources, the most recent and best available science, data shows that the GCW is no longer endangered or threatened. In addition, utilization of NEPA in connection with listing/delisting decisions would bring more balance to ESA considerations. Please let me know if you have any questions about this lawsuit. As next steps, I hope that USFWS and DOJ will expedite the filing of its answer and administrative record so we may begin fully addressing the merits of the legal issues raised. Sincerely, Rob +++++++++++++++++++++ Robert Henneke General Counsel & Director, Center for the American Future Texas Public Policy Foundation 901 Congress Avenue Austin, Texas 78701 www.americanfuture.com facebook.com/centerfortheamericanfuture @robhenneke The contents of this email message and any attachments are intended solely for the addressee(s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and its attachments. Do not deliver, distribute, or copy this message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION GENERAL LAND OFFICE OF THE STATE OF TEXAS, Plaintiff, Civ. No. 1:17-cv-538 v. UNITED STATES FISH AND WILDLIFE SERVICE; UNITED STATES DEPARTMENT OF THE INTERIOR; RYAN ZINKE, in his official capacity as Secretary for the United States of the Interior; JIM KURTH, in his official capacity as Acting Director of the U.S. Fish and Wildlife Service; and DR. BENJAMIN N. TUGGLE, in his official capacity as Southwest Regional Director U.S. Fish and Wildlife Service, Defendants. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiff General Land Office of the State of Texas (“TXGLO” or “Plaintiff”) files this Complaint against Defendants due to their ongoing violation of federal law involving Endangered Species Act regulation of the Golden-Cheeked Warbler. INTRODUCTION 1. This is an action for declaratory judgment and injunctive relief by the TXGLO against the U.S. Fish and Wildlife Service (sometimes referred to hereinafter as the “Service”), and the U.S. Department of the Interior, as well as Ryan Zinke, Jim Kurth, and Dr. Benjamin Tuggle in their official capacities (collectively “Federal Defendants”) for violating statutory law. Federal Defendants violated the Endangered Species Act (“ESA”) (16 U.S.C. §1531, et seq.) and FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 2 of 21 its implementing regulations (50 C.F.R. §424.01, et seq.), as well as the Administrative Procedure Act (“APA”) (5 U.S.C. §551 et seq.) by: 1) maintaining the Golden-Cheeked Warbler (“Warbler”) in endangered status for over 26 years while simultaneously failing to designate critical habitat; 2) failing to delist the Warbler in response to the 2015 Petition to Delist and supporting 2015 study produced by the Texas A&M Institute of Renewable Natural Resources (“Delisting Petition”); and 3) failing to comply with the National Environmental Policy Act (“NEPA”), both before listing the Warbler as endangered and prior to denying the Delisting Petition. JURISDICTION AND VENUE 2. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §1331 (federal question jurisdiction), §1346(a)(2) (civil action against the United States), §2201 (authorizing declaratory relief), §2202 (authorizing injunctive relief), 16 U.S.C. §1540(c), (g) (actions arising under the ESA), and 5 U.S.C. §702 (providing for judicial review of agency action under the Administrative Procedure Act). 3. On March 1, 2017, more than 60 days prior to the filing of the instant complaint, Plaintiff provided Defendants written notice of violation in accordance with 16 U.S.C. §1540(g)(2)(C). Defendants did not respond to the 60-day notice. A true and correct copy of 60day notice is attached hereto as Exhibit 1 and hereby incorporated by reference. Plaintiffs have receipts for the delivery of the 60-day notice to all Defendants, and delivery confirmation is attached hereto as Exhibit 2, which is hereby incorporated by reference. 4. Venue in this judicial district and division is proper under 5 U.S.C. §703 and 28 U.S.C. §1391(e)(1) because the Plaintiff resides in Austin, and 16 U.S.C. §1540(g)(3)(A) because the violation occurred in this district. Furthermore, the venue of this judicial district and division is appropriate under 28 U.S.C. §1391(e)(1)(B) because the primary authors of the decision denying Plaintiff’s Original Complaint 2 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 3 of 21 the Plaintiff’s Petition to Delist were staff members of the Service’s Austin Ecological Services Field Office in Austin at the time of the denial. 5. Declaratory relief is authorized by 28 U.S.C. §§2201 and the Federal Rules of Civil Procedure, Fed.R.Civ.P. 57. Injunctive relief is authorized by 28 U.S.C. §§2202 and the Federal Rules of Civil Procedure, Fed.R.Civ.P. 65. PARTIES A, PLAINTIFF 6. Plaintiff TXGLO is the oldest state agency in Texas and, among other things, is charged part maximizing revenues from Texas public lands dedicated to the Permanent School Fund. TXGLO derives those revenues from the sale and mineral leasing of public school lands, which under the Texas Constitution flow to the Permanent School Fund via TXGLO. T.X. Const. Art. VII §5(g). TXGLO also owns and maintains State Veterans Homes that provide care and dignity for veterans, their spouses, and Gold Star parents, as well as State Veterans Cemeteries to honor those who have served. 7. TXGLO owns or maintains public school lands which contain Warbler habitat. 8. The ability of TXGLO to maximize revenues from Texas public school lands, and to maintain State Veterans Cemeteries and State Veterans Homes to a high standard is undermined by restrictions imposed due to the presence of Warblers on TXGLO property. 9. The presence of Warblers on TXGLO property has lowered the market value of those properties. 10. The presence of Warblers on TXGLO property subjects certain TXGLO’s actions on its property to the time consuming and costly requirements of Sections 7 and 9 of the ESA. Plaintiff’s Original Complaint 3 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 4 of 21 11. Delisting the Warbler will provide immediate relief for the TXGLO because TXGLO property will no longer be affected by diminution in market value attributable to Warbler presence on the property, and the property will no longer be subject to the time consuming and costly requirements of Sections 7 and 9 of the ESA. B. DEFENDANTS 12. Defendant United States Fish and Wildlife Service is an agency of the Department of the Interior. The Service has been delegated responsibility by the Secretary of the Interior for the day-to-day administration of the ESA, including listing of threatened and endangered terrestrial species and the designation of their critical habitat. The United States Fish and Wildlife Service may be served at 1849 C. St., N.W., Washington, D.C. 20240. 13. Defendant United States Department of the Interior is an agency of the United States. Congress has charged the Department with administering the ESA for terrestrial species. The United States Department of the Interior may be served in accordance with FED. R. CIV. P. 4(i)(2) by serving the United States Department of the Interior, 1849 C. St., NW, Washington, D.C. 20240. 14. Interior. Defendant Ryan Zinke is the Secretary of the United States Department of the He oversees the Department’s administration of the ESA and is sued in his official capacity. Secretary Zinke may be served in accordance with FED. R. CIV. P. 4(i)(2) by serving Secretary Ryan Zinke, United States Department of the Interior, 1849 C St., N.W., Washington, D.C. 20240. 15. Defendant Jim Kurth is the Acting Director of the United States Fish and Wildlife Service. He oversees the Service’s administration of the ESA and is sued in his official capacity. Mr. Jim Kurth may be served at 1849 C. St., N.W., Washington, D.C. 20240. Plaintiff’s Original Complaint 4 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 5 of 21 16. Defendant Benjamin Tuggle is Southwest Regional Director of the United States Fish and Wildlife Service. He oversees the Service’s administration of the ESA with respect to a region that includes the State of Texas and is sued in his official capacity. Dr. Benjamin Tuggle may be served at U.S. Fish and Wildlife Service, 500 Gold Ave., S.W., Albuquerque, N.M. 87102. 17. All of the Federal Defendants are responsible for the violations alleged in this complaint. LEGAL FRAMEWORK Listing of Threatened or Endangered Species 18. Before a species receives full protection under the ESA, it must be listed as “threatened” or “endangered.” A “threatened” species is “any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.” 16 U.S.C. §1532(20). An “endangered” species is one “which is in danger of extinction throughout all or a significant portion of its range.” 16 U.S.C. §1532(6). The listing determination must be based on certain factors using the “best scientific and commercial data available.” 16 U.S.C. §1533(b)(1)(A). Economic or other factors may not be considered in making a listing determination. 19. A species will be listed if it is endangered or threatened due to any one or a combination of the following factors: (1) The present or threatened destruction, modification, or curtailment of its habitat or range; (2) Overutilization for commercial, recreational, scientific, or educational purposes; (3) Disease or predation; (4) The inadequacy of existing regulatory mechanisms, or (5) Other natural or manmade factors affecting its continuing existence. 50 C.F.R. §424.11(c)(1)-(5). Plaintiff’s Original Complaint 5 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 6 of 21 20. Only listed “endangered” species are specifically protected by Section 9 of the ESA, which, among other things, makes it unlawful for any person to “take” such species. See 16 U.S.C. §1538(a)(1)(b). 21. The term “take” under the ESA means to “harass, harm, hunt, pursue, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct.” 16 U.S.C. §1532(19). 22. Congress applied the protections for endangered species found in 50 C.F.R. §17.21 to threatened species 1 if the Service applies those protections to rulemaking. 50 C.F.R. §17.31. 23. Prohibited actions under the ESA include import or export, take, possession and specified other acts, including but not limited to engaging in interstate or foreign commerce, and sale or offering for sale a threatened or endangered species, as the case may be. 50 C.F.R. §17.21(a)-(f). 24. Under Section 7 of the ESA, federal agencies must engage in a consultation process with the Secretary of the Interior if they believe their project on any property may affect endangered or threatened species. Delisting of Threatened or Endangered Species 25. Every five years the Secretary of the Interior must conduct a status review of each listed species to determine whether a change in the species’ listing status is warranted. 16 U.S.C. §1533(c)(2)(A). During such status reviews, the Secretary must determine whether any species should: (i) be removed from such list; (ii) be changed in status from an endangered species to a threatened species; or (iii) be changed in status from a threatened species to an endangered species. 16 U.S.C. §1533(c)(2)(B). 1 With the exception of 50 C.F.R. §17.21(c)(5), which is not relevant to the instant matter. Plaintiff’s Original Complaint 6 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 7 of 21 26. A species may be delisted if, after a review of the species, the best scientific and commercial data substantiates that the species is neither threatened nor endangered due to extinction, recovery, or if the original data for classification was in error. 50 C.F.R. 424.11(d). 27. The factors considered when delisting a species are the same as those when listing a species. 50 C.F.R. §424.11(d). Additionally, a species may be delisted only if the best scientific and commercial data substantiates that the species is neither endangered nor threatened for one or more of the following reasons: (i) Extinction, (ii) Recovery, or (ii) Original data for classification in error. 50 C.F.R. §424.11(d)(1)-(3). Critical Habitat Designation 28. The purpose of the ESA is to provide a way to conserve the ecosystems upon which endangered and threatened species depend upon. 16 U.S.C. §1531(b). 29. To achieve that purpose, under Section 4 of the ESA, when listing a species as threatened or endangered, the government has a concurrent duty to designate critical habitat for that species “to the maximum extent prudent and determinable.” 16 U.S.C. §1533(a)(3)(A)(i). Critical habitat is defined as: (i) the specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of section 4 of this Act [15 U.S.C. §1533], on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by the species at the time it is listed in accordance with the provisions of section 4 of this Act [15 U.S.C. §1533], upon a determination by the Secretary that such areas are essential for the conservation of the species. 16 U.S.C. §1532(5)(A). Plaintiff’s Original Complaint 7 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 8 of 21 30. In the proposed and final listing rules, the Secretary must state his or her reasons for failing to designate critical habitat. 50 C.F.R. §424.12(a). The Service defines “not prudent” as when any of the following situations exist: (i) The species is threatened by taking or other human activity, and identification of critical habitat can be expected to increase the degree of such threat to the species; or (ii) Such designation of critical habitat would not be beneficial to the species, including for reasons that the present or threatened change to the species habitat or range does not pose a threat to the species, or whether any areas meet the definition of “critical habitat.” Designation of critical habitat is “not determinable” when one or both of the following situations exist: (i) There is insufficient data to perform required analyses; or (ii) The biological needs of the species are not sufficiently well known to identify any area that meets the definition of “critical habitat.” 50 CFR § 424.12(a)(1) & (2). Consultation under the ESA 31. In consultation with the Secretary of the Interior, federal agencies are required to ensure that any action they authorize, fund, or carry out “is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of [critical] habitat of such species.” 16 U.S.C. §1536(a)(2). Section 7 of the ESA also requires a federal agency to consult with the Secretary at the request of a permit applicant, if the applicant “has reason to believe that an endangered species or a threatened species may be present in the area affected by his project and that implementation of such action will likely affect such species.” 16 U.S.C. §1536(a)(3). Plaintiff’s Original Complaint 8 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 9 of 21 32. Under Section 7, the Secretary must provide the consulting federal agency and applicant with a Biological Opinion summarizing the basis for the opinion and detailing how the project will impact a species or its critical habitat. See 16 U.S.C. §1536(b)(3)(A). If jeopardy or adverse modification is found, the opinion must suggest “reasonable and prudent alternatives” that may be taken by the consulting agency or applicant to avoid jeopardy to the species or adverse modification of critical habitat. Id. 33. If it is determined that the “taking of an endangered species or a threatened species incidental to the agency action” will not jeopardize the species’ continued existence or result in the destruction or adverse modification of critical habitat of such species, a written (incidental take) statement must be issued that (1) specifies the impact of such incidental taking on the species; (2) specifies those reasonable and prudent measures that are necessary or appropriate to minimize such impact; and (3) sets forth the terms and conditions with which the agency or applicant must comply to implement the specified measures. 16 U.S.C. §1536(b)(4)(B)(i), (ii) and (iv). Citizen Suits Under the ESA 34. The ESA’s citizen suit provision, 16 U.S.C. §1540(g), permits any person to commence a civil suit on his own behalf under several circumstances, one of which is a suit “against the Secretary where there is alleged failure of the Secretary to perform any act or duty under section 1533 of this title which is not discretionary with the Secretary.” 16 U.S.C. §1540(g)(1)(C). 35. The citizen suit provision negates the “zone of interests” test of prudential standing by broadly providing that “any person may commence a civil suit” to enforce the ESA. 16 U.S.C. §1540(g)(1); Bennett v. Spear, 520 U.S. 154, 164 (1997). Plaintiff’s Original Complaint 9 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 10 of 21 Administrative Procedure Act 36. Pursuant to the APA, a court must hold unlawful and set aside agency action, findings, and conclusions that are: “(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; [or] (D) without observance of procedure required by law.” 5 U.S.C. §706(2)(A)-(D). 37. Section 704 of the APA states that “[a]gency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review.” 5 U.S.C. §704. National Environmental Policy Act 38. The National Environmental Policy Act (“NEPA”), 42 U.S.C. §4321, et seq., requires federal agencies to examine the environmental effects of proposed federal actions and to inform the public of the environmental concerns that went into the agency’s decision-making. Among other things, NEPA requires “to the fullest extent possible” all agencies of the federal government to prepare environmental impact statements (“EIS”) for any “major federal actions significantly affecting the quality of the human environment.” 42 U.S.C. §4332(C). An EIS must include: (i) the environmental impact of the proposed action, (ii) any adverse environmental effects which cannot be avoided should the proposal be implemented, (iii) alternatives to the proposed action, (iv) the relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity, and (v) any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. Id. Plaintiff’s Original Complaint 10 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 11 of 21 39. NEPA implementing regulations provide federal agencies with the opportunity to prepare an environmental assessment (“EA”), which determines either that an EIS is required, or concludes with a finding of no significant impact, which terminates the agency’s NEPA obligations. 40 C.F.R. §1508.9. Federal agencies must comply with NEPA “to the fullest extent possible.” 42 U.S.C. §4332. 40. listing actions. Until September 21, 1983, the Service prepared EAs for all endangered species 48 Fed. Reg. 49244-02. Acting upon recommendations from the Council on Environmental Quality, the Service adopted the Council’s judgment that Section 4 listing actions are exempt from NEPA review “as a matter of law.” Id. FACTUAL ALLEGATIONS Regulatory History of the Warbler 41. The Warbler was first mentioned by the Service in a Notice of Review published on December 30, 1982, as a species under consideration for addition to the List of Endangered and Threatened Wildlife. 47 Fed. Reg. 251, 58459. At that time, the Warbler was categorized as a species for which the Service had information indicating that a proposal to list the species was “possibly appropriate, but for which substantial data are not currently available to biologically support a proposed rule. Further biological research and field study will usually be necessary to ascertain the status of the taxa in this category, and it is likely that some of the taxa will not warrant listing.” Id. at 58454. The Warbler remained in that category for both the September 18, 1985 Review of Vertebrate Wildlife [50 Fed. Reg. 37958] and the January 6, 1989, Animal Notice of Review [54 Fed. Reg. 554]. 42. On February 2, 1990, a petition was filed seeking an emergency listing for the Warbler, allegedly because the normal listing procedure could be “inadequate to protect the bird Plaintiff’s Original Complaint 11 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 12 of 21 and its habitat from imminent destruction from clearing and development.” 55 Fed. Reg. 18846, 18847. 43. On May 4, 1990, an emergency rule listing the Warbler as endangered was published concurrently with a proposed rule to provide for public comment. In the proposed rule, the Service stated that after “an extensive review of the status of the golden-cheeked Warbler,” it had determined that an “emergency posing a significant risk to the well-being of the goldencheeked Warbler” existed. Id. at 18847. 44. In the proposed rule, the Service did not propose to designate critical habitat because it concluded that “critical habitat is not presently determinable.” Id. at 18848. 45. The emergency rule cited past habitat loss and planned development in Travis County and the City of Austin as immediate threats to Warbler habitat, and also cited the risk of habitat destruction that might occur before the Warbler could go through the regular listing process. 55 Fed. Reg. 18844-45. 46. On December 27, 1990, the final rule listing the Warbler as endangered was published. 55 Fed. Reg. 53153. In the final rule, the Service listed multiple areas and development projects posing threats to Warblers. Id. at 53157-58. 47. In the final rule, the Service did not designate critical habitat. The Service stated that “[c]ritical habitat for this species remains undeterminable at this time.” Id. at 53156. The Service noted that although satellite mapping was used to identify Warbler habitat, “all the specific elements of the habitat that are critical to the survival of the golden-cheeked Warbler are not known.” Id. The Service stated that biological studies were being conducted to address the issue, and gave a deadline of May 4, 1992, to determine and designate critical habitat. Id. Plaintiff’s Original Complaint 12 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 13 of 21 48. As of the date of the filing of this Complaint, more than 25 years from the date the final listing rule was published, critical habitat for the Warbler has not been designated by the Service. 2015 Petition to Delist the Golden-Cheeked Warbler 49. On June 29, 2015, a group of petitioners submitted to the Service a petition to delist the Warbler. A true and correct copy of the Petition to Delist (“Petition”) is attached as Exhibit 3 and hereby incorporated by reference. The petitioners included Texans for Positive Economic Policy, Susan Combs, the Texas Public Policy Foundation, and the Reason Foundation. 50. The Petition provided substantial new scientific information indicating that delisting the Warbler is warranted, based upon a 2015 study on the Warbler conducted by the Texas A&M University Institute of Renewable Natural Resources (“Texas A&M Study”). 51. Included in the Petition was evidence documenting almost five times more Warbler breeding habitat and roughly nineteen times more Warblers in existence than was known at the time of the listing. See Petition, Ex. 3. 52. The Petition also provided scientific support showing that the Warbler does not currently meet the ESA’s definition of “endangered” or “threatened,” and is not today “in danger of extinction throughout all or a significant portion of its range,” and is unlikely to become so in the foreseeable future. See Petition, Ex. 3. 53. Finally, the Petition pointed to research indicating that there is consensus among the scientific community that breeding Warblers inhabit a much wider range of habitat types than were identified in the early studies on which the Service relied in making its listing determination. Plaintiff’s Original Complaint 13 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 14 of 21 Dismissal of Petition to Delist 54. Delist. On May 25, 2016, the Service issued a 90-Day Finding denying the Petition to A true and correct copy of the 90-Day Finding is attached as Exhibit 4 and hereby incorporated by reference. 55. In its analysis of Listing Factor A (the present or threatened destruction, modification, or curtailment of the species’ habitat or range), the Service dismissed the Texas A&M Study as summarizing information already known to the Service and discussed in the most recent 5-year review, which the Service stated represents “the best available body of science known to the Service pertaining to the Status of the Warbler.” In the next line of its analysis, the Service states that it “recognizes that the modeling studies described in the 2015 Texas A&M [Study] do represent the most recent and comprehensive efforts to estimate range-wide Warbler habitat and population size to date.” See 90-Day Finding, Ex. 4. 56. In its analysis of Listing Factor C (disease or predation), the Service states that the Petition’s claim that predation does not constitute a significant threat to the continued existence of the Warbler is refuted by the 2014 5-year review, which concluded that urbanization and habitat fragmentation “have likely resulted in increased rates of predation of Warbler nests by a wide variety of animal predators, especially rat snakes.” The 2014 5-year review lists animals which have been known to prey on Warbler nests, which the Service acknowledges is a “natural occurrence in [Warbler] habitat.” Extrapolating from this statement, the Service then states that increased urbanization leads to higher than normal levels of predation. See 90-Day Finding, Ex. 4. 57. In its analysis of Listing Factor D, the Service contends that “an estimated 29 per cent of existing breeding season habitat was lost between 1999-2001 and 2010-2011,” and cites Plaintiff’s Original Complaint 14 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 15 of 21 “increasing urbanization” and “habitat loss” as reasons why the Warbler should not be delisted. See 90-Day Finding, Ex. 4. 58. In its analysis of Listing Factor E, the Service states that “habitat fragmentation, habitat degradation, inappropriate habitat management practices, and excessive noise all contribute to reductions in overall Warbler habitat quality and present a real and significant threat to the long term viability of the species.” The 90-Day Finding does not cite any instances in which these conditions have occurred. See 90-Day Finding, Ex. 4. 59. The Service has never designated critical habitat for the Warbler. 60. In the conclusion of the 90-Day Finding, the Service states that the Texas A&M Study “does not present substantial information not previously addressed in the 2014 five-year review for this species and does not offer any substantial information indicating that the petitioned action to delist the species may be warranted.” See 90-Day Finding, Ex. 4. 61. The 2015 Texas A&M Study presents new information gathered after the publication of the 2014 five-year review, in particular that there approximately 5 times more Warbler breeding habitat than estimated at the time of the emergency listing in 1990, and approximately 19 times more Warblers than assumed at the time of the emergency listing in 1990. See Texas A&M Study, Ex. 7 at 4, 8. The Texas A&M Study concluded that the listing of the Warbler was “based upon a fundamental misunderstanding of the existing abundance and population structure” of the Warbler. Id. at 2. NEPA Compliance 62. The Service has acknowledged that it has not complied with the requirements of NEPA in connection with any of its actions regarding the Warbler. 55 Fed. Reg. 53153 at 53159. Plaintiff’s Original Complaint 15 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 16 of 21 Harm to Plaintiff 63. The presence of Warblers on certain TXGLO property significantly impacts the market value of such property. For example, on a 2,316.45-acre property located in Bexar and Kendall counties (“Rancho Sierra property”), approximately 84.5% of the property contains Warbler habitat. Rancho Sierra Property Information, Ex. 5 at 25. 64. Clearing or development on the Rancho Sierra property would require a lengthy and costly mitigation process, and experts have estimated that the presence of Warbler breeding habitat diminishes the value of the property by approximately 35%. Id. at 25; Rancho Sierra “As Is” Valuation, Ex. 6 at 75. 65. The reduction in property value caused by the presence of Warbler habitat translates to less money available for fulfilling TXGLO’s mission to maximize revenues from Texas public school lands for the benefit of Texas schoolchildren. 66. The presences of Warblers on TXGLO property subjects certain TXGLO’s actions on its property to the time consuming and costly requirements of Sections 7 and 9 of the ESA. INJUNCTIVE RELIEF ALLEGATIONS 67. Plaintiff hereby realleges and incorporates by reference the allegations contained in Paragraphs 1 through 66 as though fully set forth herein. 68. If an injunction does not issue enjoining Defendants from maintaining the Warbler’s status as an endangered species under the ESA, Plaintiff will be irreparably harmed. 69. Plaintiff has no plain, speedy, and adequate remedy at law. 70. If not enjoined by this Court, Defendants will continue to enforce the Warbler’s status as an endangered species under the ESA in derogation of Plaintiff’s rights. 71. Accordingly, injunctive relief is appropriate. Plaintiff’s Original Complaint 16 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 17 of 21 DECLARATORY RELIEF ALLEGATIONS 72. Plaintiff hereby realleges and incorporates by reference the allegations contained in Paragraphs 1 through 71 as though fully set forth herein. 73. An actual and substantial controversy exists between Plaintiff and Defendants as to their legal rights and duties with respect to Defendants’ obligations to comply with the ESA, NEPA, and the APA in the listing, refusal to delist, and failure to designate critical habitat for the Warbler. 74. This case is presently justiciable because Defendants’ failure to comply with these laws is the direct result of final agency action that has caused and will continue to cause immediate and concrete injury to Plaintiff. Plaintiff has a vital interest in knowing whether the Warbler’s continued listing as an endangered species under the ESA, from which flow statutory obligations and penalties affecting the Plaintiff, is statutorily valid. 75. Declaratory relief is therefore appropriate to resolve this controversy. CLAIMS FOR RELIEF First Claim for Relief Failure to Designate Critical Habitat for the Warbler for Over 25 Years since Listing the Species as Endangered is Inconsistent with the Continued Endangered Status of the Species. (Violation of 16 U.S.C. §1533(b)(2), 50 C.F.R. §424.12, and 50 C.F.R. §424.19; Alternatively, 5 U.S.C. §706) 76. Plaintiff hereby realleges and incorporates by reference the allegations contained in Paragraphs 1 through 75 as though fully set forth herein. 77. In the final rule listing the Warbler as endangered, Defendants failed to concurrently designate critical habitat for the Warbler, in violation of 16 U.S.C. §1533(b)(2). This violation has continued for over 25 years. Plaintiff’s Original Complaint 17 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 18 of 21 78. Failure to designate critical habitat for over 25 years is inconsistent with the continued listing of the Warbler as an endangered species. By failing to designate critical habitat for the Warbler at the time of the final rulemaking and for more than twenty-five years thereafter, Defendants have violated not only the ESA’s statutory requirement but also the implementing regulations set forth in 50 C.F.R. §424.12 and 50 C.F.R. §424.19. 79. Alternatively, Defendants have violated the APA by agency action which is arbitrary and capricious in listing the Warbler as endangered and maintaining its endangered status for over twenty-five years without designating critical habitat. 5 U.S.C. §706(2)(A). Defendants’ action is reviewable under 5 U.S.C. §704. 80. By these acts or omissions Defendants violated 16 U.S.C. §1533(b)(2) and 50 C.F.R. §§424.12 and 424.19. The listing of the Warbler as an endangered species under the ESA is therefore unlawful and invalid. Second Claim for Relief Failure to Delist the Warbler Based on the Scientific Data Presented in Petition to Delist, While Continuing to Refuse to Designate Critical Habitat (Violation of 16 U.S.C. §1533(b)(1)(A), 50 C.F.R. §424.11(d), and 50 C.F.R. §424.14(h)(1); Alternatively, 5 U.S.C. §706) 81. Plaintiff hereby realleges and incorporates by reference the allegations contained in Paragraphs 1 through 80 as though fully set forth herein. 82. In their 90-Day Finding, Defendants failed to take into account the best scientific data available, in violation of 16 U.S.C. §1533(b)(1)(A). By not considering the new scientific data presented in the Petition to Delist and accompanying Texas A&M Study, Defendants have violated not only the statutory requirement but also the implementing regulations set forth in 50 C.F.R. §424.11(d). Plaintiff’s Original Complaint 18 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 19 of 21 83. Failing to delist the Warbler in Response to the Petition to Delist while continuing to refuse to designate critical habitat without sufficient justification is a violation of 16 U.S.C. §1533(b)(1)(A), 50 C.F.R. §424.11(d). The Service’s negative 90-Day Finding on the Petition to Delist is therefore invalid. 84. Alternatively, Defendants have violated the APA by agency action that is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law in failing to designate critical habitat in light of its denial of the Delisting Petition. 5 U.S.C. §706(2)(A). Third Claim for Relief Failure to Comply with NEPA (Violation of 42 U.S.C. §4332(C) and 5 U.S.C. §706(2)(A)) 85. Plaintiff hereby realleges and incorporates by reference the allegations contained in Paragraphs 1 through 84 as though fully set forth herein. 86. In its final rule listing the Warbler as endangered under the ESA, the government categorically stated that NEPA does not apply to regulations adopted pursuant to section 4(a) of the ESA, and therefore prepared neither an Environmental Assessment nor an Environmental Impact Statement. 55 Fed. Reg. 53159. Neither the ESA nor any other statute exempts listing decisions from NEPA compliance, and therefore Defendants’ failure is a violation of the requirements of NEPA. 87. Defendants’ failure to comply with NEPA constitutes agency action that is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law, in violation of 5 U.S.C. §706(2)(B). PRAYER FOR RELIEF THEREFORE, Plaintiff prays as to the First Claim for Relief: Plaintiff’s Original Complaint 19 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 20 of 21 That this Court declare the final rule listing the Warbler as an endangered species under the ESA violated the Defendants’ nondiscretionary duty under Section 4(a)(3)(A) of the ESA, 16 U.S.C. §1533(a)(3)(A), as well as 50 C.F.R. §424.12 and 50 C.F.R. §424.19, because Defendants failed to designate critical habitat concurrently with listing the Warbler as endangered and for more than twenty-five years afterward, through the date of this Complaint, while maintaining the Warbler’s endangered status or, alternatively, that the final rule is unlawful under 5 U.S.C. §706 because Defendants’ failure to designate critical habitat while maintaining the endangered status of the Warbler for over 25 years was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. As to the Second Claim for Relief: That this Court declare the 90-Day Finding on the Petition to Delist violated 16 U.S.C. §1533(b)(1)(A), as well as 50 C.F.R. §424.11(d) and 50 C.F.R. §424.14(h)(1), by the Service’s failing to consider the best scientific data available in deciding not to delist the Warbler, and in light of its continuing unjustifiable refusal to designate critical habitat for the Warbler, and is therefore unlawful, or alternatively, that Defendants’ failure to designate critical habitat in light of their denial of the Delisting Petition is unlawful because it was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law under 5 U.S.C. §706(2)(A). As to the Third Claim for Relief: That this Court declare the final rule listing the Warbler as an endangered species under the ESA is unlawful, and that the refusal to delist the Warbler in response to the Petition to Delist is unlawful, under 5 U.S.C. §706, because Defendants failed to comply with NEPA. As to all Claims for Relief: That this Court: Plaintiff’s Original Complaint 20 FOIA001:00605477 Case 1:17 cv 00538 Document 1 Filed 06/05/17 Page 21 of 21 (a) issue a judgment and order enjoining Defendants from enforcing or otherwise acting pursuant to the final rule listing the Warbler as endangered under the ESA; (b) issue a declaration that the continued listing of the Warbler is invalid; (b) award Plaintiff’s attorneys fees and costs to the extent permitted by law; and (c) grant such other relief as the Court shall deem just and proper. Respectfully submitted, ROBERT E. HENNEKE Texas Bar No. 24046058 THEODORE HADZI-ANTICH California Bar No. 264663 TEXAS PUBLIC POLICY FOUNDATION Center for the American Future 901 Congress Avenue Austin, Texas 78701 Attorneys for Plaintiff General Land Office of the State of Texas Plaintiff’s Original Complaint 21 FOIA001:00605474 To: Johnson, Virginia casey_hammond@ios.doi.gov[ Douglas From: Robert Henneke Sent: 2017-05-22T11:17:11-04:00 Importance: Normal Subject: George Will's column about the BCH lawsuit Received: 2017-05-22T11:16:33-04:00 ; ; Domenech, I wanted to make sure that you saw George Will’s column in yesterday’s Washington Post discussing the commerce clause constitutional issue in the bone-cave harvestman lawsuit https://www.washingtonpost.com/opinions/federal-power-creeps-its-way-toward-controlling---spiders/2017/05/19/1e7189bc-3caf-11e7-a058-ddbb23c75d82 story.html?utm term=.e82705c5e369 Federal power creeps its way toward controlling . . . spiders? Law books and a gavel. (iStock/iStock) By George F. Will Opinion writer May 19 A blind spider creeping through America’s judicial thicket might be heading to the Supreme Court, which will have to decide if the contentment or even the survival of the Bone Cave Harvestman spider species, which lives only in two central Texas counties, is any of the federal government’s business. If it is, what isn’t? The U.S. Fish and Wildlife Service (USFWS), which administers the Endangered Species Act, is blind to the limits of its imperium, which it thinks encompasses telling John Yearwood what he can and cannot do on the ranch that has been in his family since 1871. To stymie the USFWS, Yearwood must surmount, among other things, a precedent involving Roscoe Filburn, the Ohio farmer whose 1942 loss in the Supreme Court mocked the doctrine that the federal FOIA001:00605474 government is one of limited, because enumerated, powers. Filburn was minding what he thought was his business when Washington taught him that the Constitution’s commerce clause ( “Congress shall have power to . . . regulate commerce . . . among the several states”) means that almost everything is the federal government’s business. To stabilize prices, the government set production quotas not only for wheat sold into interstate commerce but for wheat consumed on the farm for animal feed. Filburn expressed his dissent by producing 269 bushels in excess of his quota and refusing to pay the fine. Read These Comments The best conversations on The Washington Post His insubordination reached the Supreme Court, which by then was thoroughly deferential to the New Deal’s capacious theory of federal power. The court held that Congress could regulate even Filburn’s wheat that never reached interstate commerce, because that wheat “supplies a need of the man who grew it which would otherwise be reflected by purchases in the open market. Home-grown wheat in this sense competes with wheat in commerce.” Seventy-five years on, recent decisions have brought commerce clause jurisprudence closer to the Founding Fathers’ intention as presented by Chief Justice John Marshall in McCulloch v. Maryland (1819). The clause requires a “plain” connection, not merely attenuated chains of inferences, between a congressional act and an enumerated power. Furthermore, recent decisions require not only that a federal statute pertain to “activities having a substantial relation to interstate commerce,” but also that the statute pass muster under the necessary and proper clause: Congress may “make all laws . . . necessary and proper” to executing enumerated FOIA001:00605474 powers. A statute, Justice Clarence Thomas has said, must be “appropriate,” bearing an “obvious, simple, and direct relation” to an enumerated power. A lower court has sided with the USFWS against Yearwood, dogmatically postulating that all species are “interdependent.” Therefore, even the tiniest bit of the ecosystem is presumptively implicated in potentially substantial effects on interstate commerce. So, Yearwood, who hitherto made his property available cost-free to 4-H, church and military groups for camping, horseback riding and other activities, has stopped this, and even ceased clearing brush to reduce the risk of snakes and fires, lest he be subject to federal prosecution for disturbing, harming or endangering the spiders. Indeed, such is the federal government’s unsleeping solicitude for the spiders, it says they must be protected from other bugs, such as fire ants. Reverence for nature evidently requires preventing natural competitions. Judge Alex Kozinski of the U.S. Court of Appeals for the 9th Circuit has written that modern commerce clause decisions make one wonder why it is not called the “Hey, you-can-do-whatever-you-feellike clause.” So far, the spider story — the application of the Endangered Species Act to an entirely intrastate species that is neither bought nor sold nor traded in interstate commerce — demonstrates that federal power, like kudzu, will expand everywhere and into everything until it is stopped. The Supreme Court can stop it if the spider case gets there. The court can apply its 2005 ruling that congressional regulation of intrastate, noncommercial activity is proper only when the activity is an “essential part of a larger regulation of economic activity, in which the regulatory scheme could be undercut unless the intrastate activity were regulated.” FOIA001:00605474 Furthermore, in 2012, while Chief Justice John G. Roberts Jr. was irritating conservatives as he saved the Affordable Care Act by creatively construing some of its provisions, he simultaneously held that even a necessary exercise of power under the commerce clause is not proper if it “would work a substantial expansion of federal authority.” The blind spider might make other courts, and the rest of the government, see the Supreme Court’s 1995 ruling that the government may not “convert congressional Commerce Clause authority to a general police power of the sort held only by the states.” Read more from George F. Will’s archive or follow him on Facebook. FOIA001:00605369 To: Daniel Jorjani[daniel_jorjani@ios.doi.gov] From: Domenech, Douglas Sent: 2017-07-14T09:48:03-04:00 Importance: Normal Subject: Fwd: Introduction to Kaleb Bennett Received: 2017-07-14T09:48:30-04:00 I think it would be better for you and perhaps Jim or Todd to meet with these people. I am happy to attend but, as far as I know, we the Department is in litigation over this issue with my former employer, TPPF, as the plaintiff. The meeting would be with the State of Texas. If you agree I will direct them to you. Doug Domenech Senior Advisor US Department of the Interior NOTE: Every email I send or receive is subject to release under the Freedom ofInformation Act. ---------- Forwarded message ---------From: Kaleb Bennett Date: Wed, Jul 12, 2017 at 3:23 PM Subject: RE: Introduction to Kaleb Bennett To: Robert Henneke , "Domenech, Douglas" Thanks for the introduction, Rob. I certainly appreciate it. Doug, As you may know, my office is involved with the Red River issue between the BLM and the Texas General Land Office. I was hoping you have some availability either the afternoon of July 19 or the morning/early afternoon of July 20 for a meeting to discuss the Red River. FOIA001:00605369 Attending the meeting would be me and GLO special counsel, Hector Valle. Thank you for your assistance and I look forward to hearing from you. Take care, KB Kaleb Bennett Deputy Director Federal Legislative Affairs Commissioner George P. Bush Texas General Land Office 512-463-5363 (direct) 405-474-3581 (cell) From: Robert Henneke [mailto:rhenneke@texaspolicy.com] Sent: Wednesday, July 12, 2017 1:45 PM To: Domenech, Douglas Cc: Kaleb Bennett Subject: Introduction to Kaleb Bennett Doug, Via this email, I’d like to introduce you to Kaleb Bennett. Kaleb serves as the Deputy Director for Federal Legislative Affairs for the Texas General Land Office and asked to be connected regarding his upcoming trip to WDC. Thanks, :00605369 Rob FOIA001:00605367 To: Daniel Jorjani Haugrud, Kevin From: Domenech, Douglas Sent: 2017-05-22T13:30:17-04:00 Importance: Normal Subject: Fwd: George Will's column about the BCH lawsuit Received: 2017-05-22T13:30:44-04:00 Doug Domenech Senior Advisor US Department of the Interior ---------- Forwarded message ---------From: Robert Henneke < I wanted to make sure that you saw George Will’s column in yesterday’s Washington Post discussing the commerce clause constitutional issue in the bone-cave harvestman lawsuit https://www.washingtonpost.com/opinions/federal-power-creeps-its-way-toward-controlling---spiders/2017/05/19/1e7189bc-3caf-11e7-a058-ddbb23c75d82 story.html?utm term=.e82705c5e369 Federal power creeps its way toward controlling . . . spiders? Law books and a gavel. (iStock/iStock) By George F. Will Opinion writer May 19 A blind spider creeping through America’s judicial thicket might be heading to the Supreme Court, which will have to decide if the contentment or even the survival of the Bone Cave Harvestman spider species, which lives only in two central Texas counties, is any of the federal government’s business. If it is, what isn’t? FOIA001:00605367 The U.S. Fish and Wildlife Service (USFWS), which administers the Endangered Species Act, is blind to the limits of its imperium, which it thinks encompasses telling John Yearwood what he can and cannot do on the ranch that has been in his family since 1871. To stymie the USFWS, Yearwood must surmount, among other things, a precedent involving Roscoe Filburn, the Ohio farmer whose 1942 loss in the Supreme Court mocked the doctrine that the federal government is one of limited, because enumerated, powers. Filburn was minding what he thought was his business when Washington taught him that the Constitution’s commerce clause ( “Congress shall have power to . . . regulate commerce . . . among the several states”) means that almost everything is the federal government’s business. To stabilize prices, the government set production quotas not only for wheat sold into interstate commerce but for wheat consumed on the farm for animal feed. Filburn expressed his dissent by producing 269 bushels in excess of his quota and refusing to pay the fine. Read These Comments The best conversations on The Washington Post His insubordination reached the Supreme Court, which by then was thoroughly deferential to the New Deal’s capacious theory of federal power. The court held that Congress could regulate even Filburn’s wheat that never reached interstate commerce, because that wheat “supplies a need of the man who grew it which would otherwise be reflected by purchases in the open market. Home-grown wheat in this sense competes with wheat in commerce.” Seventy-five years on, recent decisions have brought commerce clause jurisprudence closer to the Founding Fathers’ intention as FOIA001:00605367 presented by Chief Justice John Marshall in McCulloch v. Maryland (1819). The clause requires a “plain” connection, not merely attenuated chains of inferences, between a congressional act and an enumerated power. Furthermore, recent decisions require not only that a federal statute pertain to “activities having a substantial relation to interstate commerce,” but also that the statute pass muster under the necessary and proper clause: Congress may “make all laws . . . necessary and proper” to executing enumerated powers. A statute, Justice Clarence Thomas has said, must be “appropriate,” bearing an “obvious, simple, and direct relation” to an enumerated power. A lower court has sided with the USFWS against Yearwood, dogmatically postulating that all species are “interdependent.” Therefore, even the tiniest bit of the ecosystem is presumptively implicated in potentially substantial effects on interstate commerce. So, Yearwood, who hitherto made his property available cost-free to 4-H, church and military groups for camping, horseback riding and other activities, has stopped this, and even ceased clearing brush to reduce the risk of snakes and fires, lest he be subject to federal prosecution for disturbing, harming or endangering the spiders. Indeed, such is the federal government’s unsleeping solicitude for the spiders, it says they must be protected from other bugs, such as fire ants. Reverence for nature evidently requires preventing natural competitions. Judge Alex Kozinski of the U.S. Court of Appeals for the 9th Circuit has written that modern commerce clause decisions make one wonder why it is not called the “Hey, you-can-do-whatever-you-feellike clause.” So far, the spider story — the application of the Endangered Species Act to an entirely intrastate species that is neither bought nor sold nor traded in interstate commerce — demonstrates that federal power, like kudzu, will expand everywhere FOIA001:00605367 and into everything until it is stopped. The Supreme Court can stop it if the spider case gets there. The court can apply its 2005 ruling that congressional regulation of intrastate, noncommercial activity is proper only when the activity is an “essential part of a larger regulation of economic activity, in which the regulatory scheme could be undercut unless the intrastate activity were regulated.” Furthermore, in 2012, while Chief Justice John G. Roberts Jr. was irritating conservatives as he saved the Affordable Care Act by creatively construing some of its provisions, he simultaneously held that even a necessary exercise of power under the commerce clause is not proper if it “would work a substantial expansion of federal authority.” The blind spider might make other courts, and the rest of the government, see the Supreme Court’s 1995 ruling that the government may not “convert congressional Commerce Clause authority to a general police power of the sort held only by the states.” Read more from George F. Will’s archive or follow him on Facebook. FOIA001:00605264 To: daniel_jorjani@ios.doi.gov Cc: Domenech, Douglas From: Robert Henneke Sent: 2017-06-30T13:46:09-04:00 Importance: Normal Subject: FW: Decision Letter for FOIA Request SOL-2017-00157 Received: 2017-06-30T14:15:44-04:00 Decision Letter SOL-2017-00157 (Henneke).docx Dan, Doug suggested that I reach out to you on this. Basically, I’m looking for a list of the lawsuits (case name, cause#, court) that have been filed against DOI, its subagencies, or officials since January 20, 2017. The way my FOIA request is written, it would also include copies of the actual pleadings which would have the same information (which I assume DOI has), but I’m not looking for voluminous documents – only the style information about these recently filed lawsuits. EPA just sent me a list in response to the same request. I wanted to ask to your help in sorting out the apparent miscommunication. My intent was not to make a cumbersome FOIA request, but only to seek some basic information. Please let me know if you’d have 10 minutes next week to discuss. Thanks, Rob Henneke +++++++++++++++++++++ Robert Henneke General Counsel & Director, Center for the American Future Texas Public Policy Foundation 901 Congress Avenue Austin, Texas 78701 www.americanfuture.com facebook.com/centerfortheamericanfuture @robhenneke The contents of this email message and any attachments are intended solely for the addressee(s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and its attachments. Do not deliver, distribute, or copy this message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. From: on behalf of "Foia, SOL" Date: Friday, June 30, 2017 at 11:43 AM To: Robert Henneke Cc: Lance Purvis Subject: Decision Letter for FOIA Request SOL-2017-00157 Good morning Mr. Henneke, FOIA001:00605264 Attached is the Solicitor's decision letter for your FOIA request received on May 8, 2017. Sincerely, Lance Purvis Office of the Solicitor, FOIA Officer FOIA001:00605263 United States Department of the Interior OFFICE OF THE SOLICITOR WASHINGTON, D.C. 20240 IN REPLY REFER TO: SOL-2017-00157 June 30, 2017 Via Email: Robert Henneke Texas Public Policy Foundation 901 Congress Avenue Austin, TX 78701 Dear Mr. Henneke, On May 8, 2017, the U.S. Department of the Interior, Office of the Solicitor received your Freedom of Information Act (FOIA) request. In your request, you specifically ask for: “…copies of all documents within the possession or control of the Department of Interior (“DOI”) which lists every lawsuit filed against the DOI, agencies within DOI, or officials within DOI and its subagencies since January 20, 2017, including identification of the style, cause number, and court for each lawsuit. In the alternative, documents identifying the style, cause number, and court of all lawsuits filed against DOI agencies within DOI, or officials within DOI since January 20, 2017.” In response to your letter, the Office of the Solicitor searched its records and found no documents responsive to your request. in responding to your request is less than $50 and is not being charged in accordance with 43 CFR 2.16(b)(2). This concludes the Office of the Solicitor’s response to your request. The fee incurred Sincerely, Lance Purvis Office of the Solicitor FOIA Officer FOIA001:00605234 To: Robert Henneke Macgregor[ ] From: Domenech, Douglas Sent: 2017-04-07T08:46:00-04:00 Importance: Normal Subject: Emails Received: 2017-04-07T08:46:27-04:00 ; Katharine Great seeing you. You met with: Jim Cason, Acting Deputy Secretary. Casey Hammond, Special Assistant, FWS: Virginia Johnson, Special Assistant, ASFWP: Kate McGregor, Deputy Assistant Secretary Land and Minerals: Doug Domenech Senior Advisor US Department of the Interior FOIA001:00605193 To: casey_hammond@ios.doi.gov[ virginia_johnson Cc: Domenech, Douglas From: Robert Henneke Sent: 2017-05-08T18:17:36-04:00 Importance: Normal Subject: bone-cave harvestman lawsuit Received: 2017-05-08T18:16:10-04:00 Dear Virginia & Casey, Thank you again for your time in meeting with me last month. I wanted to make sure that you saw that the Service did file with the Federal Register the following affirming its prior negative 90-day finding. https://www.federalregister.gov/documents/2017/05/04/2017-09010/endangered-and-threatenedwildlife-and-plants-90-day-finding-on-a-petition-to-remove-the-bone-cave. As such, the basis for the court imposed stay has ended. The Parties are now currently negotiating a new briefing schedule and scheduling order to get this case back on track. Sincerely, Rob Henneke +++++++++++++++++++++ Robert Henneke General Counsel & Director, Center for the American Future Texas Public Policy Foundation 901 Congress Avenue Austin, Texas 78701 www.americanfuture.com facebook.com/centerfortheamericanfuture @robhenneke The contents of this email message and any attachments are intended solely for the addressee(s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and its attachments. Do not deliver, distribute, or copy this message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. FOIA001:00443397 DEPARTMENT OF THE INTERIOR DAILY UPDATE FOR CABINET AFFAIRS – 11/13/17 Lori Mashburn, White House Liaison Natalie Davis, Special Assistant to the Secretary STATUS OF THE SECRETARY THIS WEEK: The Secretary is in DC.  11/13 – Call with New Mexico Governor Susana Martinez o Lunch with Joshua Tree Superintendent  11/14 – Meeting with Majority Leader Kevin McCarthy, Sen. Barrasso, Rep. Cheney, and Rep. Cook o Meeting with Senator Durbin  11/15 – Meeting with The Nature Conservancy o Meeting with National Park Service Regional Directors Meeting o TENT. Gershwin Prize Event  11/16 – OTR Breakfast Roundtable with Senators o TENT. Museum Dedication Gala  11/17 – Internal Meetings STATUS OF THE DEPUTY SECRETARY TODAY: Internal Meeting in DC. WH COMMS REPORT (submitted Friday, 11/10) Press Inquiries:  Small inquiries and logistical inquiries.  RV News: (David Rosansky)—REQUEST-- I see a fine has been issued to Hamilton County Indiana in the amount of $6,533 for two violations of NAGPRA. Can you tell me about that? I had thought the fine might be much higher based on the long term the parks department was not in compliance. Also, I believe the tribes submitted $20,000 in expenses--RESPONSE— The Department of the Interior generally does not comment on pending civil penalty enforcement actions to avoid jeopardizing on-going investigations.  CQ Roll Call: (Jackie Toth)—REQUEST-- Can we get comment on Sen. Durbin's hold on the four Interior nominees on the Senate calendar?—RESPONSE-- It's a false argument. Nominees like Brenda Burman have been waiting months for a vote. An October 23rd scheduling request doesn't explain the other 116 days. Top Stories  KTUU Alaska: Veterans Day activities begins with reading of Vietnam Memorial Wall names  E&E News: Durbin puts hold on nominees  Philadelphia Inquirer- OPINION: Recognizing the Pa. veterans who just donated $40K to Vietnam War Memorial Secretary Ryan Zinke  Durango Herald- OPINION: Woolston: America’s security and economy depend on ANWR  New York Times: Lines Are Drawn Over Design for a National World War I Memorial Top Issues and Accomplishments  Interior continues to support all Hurricane Harvey, Hurricane Irma, Hurricane Maria, and Hurricane Nate efforts. All bureaus are executing their emergency plans and assisting in Hurricane relief.  Tonight, Secretary Zinke has a Fox News Interview with Shannon Bream. The hit is at 11 pm. FOIA001:00443397    Today, DOI made a personnel announcement regarding the four veterans Secretary Zinke has recently hired. Friday, Secretary Zinke will visit Manassas Battlefield to honor veterans and tour the battlefield. Saturday, Secretary Zinke will participate in five Veterans Day events and celebrations. o 6:30 am EST: Secretary Zinke will join veterans in washing the wall at the Vietnam Veterans Memorial. o 8:45 am EST: Secretary Zinke participates in a Veterans Day observance at the World War II Memorial. o 10:30 am EST: Secretary Zinke will participate in the 64th annual Veterans Day National Ceremony at Arlington National Cemetery. o 1:00 pm EST: Secretary Zinke will address the Vietnam Veterans Memorial Fund at the Vietnam Veterans Memorial. o 3:30 pm EST: Secretary Zinke will give remarks at the Korean War Veterans Memorial Veterans Day Observance. AGENCY MEDIA WEEK AHEAD November 8 thru November 16, 2017 (submitted November 8) Announcements/Releases/Events U.S. Department of the Interior Secretarial-level Announcements/Events/Interviews This week the Secretary is in Washington, D.C. November 14: the “Stream Protection Rule” (related to OSMRE) will hit the Federal Register. Communications materials are forthcoming.  November TBD: Major announcement regarding Arlington Memorial Bridge. Pending WH review. December 4: Proclamation signing in Utah regarding the Antiquities Act. Communications materials are forthcoming.  November/December TBD: USGS will release a report on critical minerals, followed by an EO and SO signing. Communications materials are forthcoming. The Secretary stands ready to support the WH on media opportunities to push the President’s Tax Reform Agenda. WH has dates/times of availability.  National Park Service    November TBD: Local NPS Release: NPS will announce plans to re-establish operations at Virgin Islands National Park. November 14: Local NPS Release: Glacier National Park will notify the public of the availability of Glacier National Park’s Lake McDonald Properties Management Plan Environmental Assessment (EA). The EA will be available for a 30-day public review and comment period. Following the public review and comment period, the park will prepare a formal decision document. The EA analyzes alternatives to manage NPS-owned properties surrounding Lake McDonald, which includes buildings listed on the National Register of Historic Places. November 14: National Joint Release: The U.S. Mint and the NPS will unveil the Indiana quarter at George Rogers Clark NHP. This is the last America the Beautiful Quarter® release scheduled for 2017, and the 40th of the 56-quarter series from the U.S. Mint recognizing national parks or historic sites around the country. Deputy Regional Director Patricia Trap will speak at the event. FOIA001:00443397   November 15: Local NPS Release: Death Valley National Park anticipates the simultaneous release of two Environmental Assessments for a 30-day public review. Public meetings will be held during the public review periods. Both projects address damage that resulted from a major rainstorm and extensive flash flood in 2015. November TBD: Local NPS Release: NPS NCR will issue news release on upcoming deer management and reduction at three western Maryland parks. All three parks did the same last year with minimal controversy. U.S. Fish and Wildlife Service    November 13 (tent.): National FWS Release: FWS will issue a release on the opening of the public comment for both the Candidate Conservation Agreements with Assurances (CCAA) policy and the corresponding regulations. These notices will solicit public comments on the 2016 revised policy and regulations to determine if there are additional revisions, particularly to the CCAA standard, that will make the policy and regulations easier to implement for those entities choosing to participate in a CCAA. November 13: Local FWS Release: FWS will announce the reopening of comment period on the proposed rule regarding the threatened species status for San Fernando Valley Spineflower. November TBD: FWS News Bulletin: FWS will issue a news bulletin regarding a NEPA Environmental Assessment related to lethal take permits for cormorants (a type of bird which is considered an invasive species) for aquaculture facilities. Bureau of Land Management       November 14-15: BLM will hold the final scoping meetings for the Notice of Intent to amend Greater sage-grouse land use plans in Vernal and Cedar City, UT, respectively. November 16: Acting ASLM Kate MacGregor will deliver the keynote address at the Grand Junction Petroleum and Mining Club’s monthly meeting in Grand Junction, Colo. Titled DOIs Role in Energy Dominance, her remarks will focus on the Administration’s energy-related priorities, including efforts to streamline the environmental review and permitting processes, reduce regulatory burdens on energy development, and boost rural economies through job creation in the energy industry. November 16: BLM-AK Authorized Officer Erika Reed and Deputy Authorized Officer Dave Mushovic will attend a monthly Senior Leadership meeting for the Trans-Alaska Pipeline System, hosted by Alyeska Pipeline Service Company (the corporation that manages the system). November TBD: National BLM Release: BLM will issue a release announcing that Sabinoso Wilderness is now open to the public. November TBD: Local BLM Release: BLM-CO expects to issue a decision about whether to grant a royalty rate reduction for the West Elk Mine. The BLM proposes to approve Mountain Coal Company, LLC’s application for a royalty rate reduction from 8 percent to 5 percent for 10.3 million tons of coal in the West Elk Mine in southwest Colorado’s North Fork Valley. November TBD: Local BLM Release: BLM-CO expects to issue a decision whether to modify GCC Energy’s King II Mine in Montezuma County in southwest CO by 951 acres to allow GCC to access an estimated 4.66 million tons of recoverable Federal coal reserves for an additional 6.5 years of mining. U.S. Geological Survey  November 13 (tent.): The USGS will release the first-ever map of croplands worldwide using 30-m resolution, which is the highest resolution yet. This is a collaborative effort among international agencies. The map will clearly show individual farm fields and cover 1.874 billion hectares of croplands. This is a one-of-a-kind dataset primarily using Landsat satellite data. The map is part of FOIA001:00443397   the Global Food Security-Support Analysis Data @ 30-m (GFSAD30) Project. Partners and stakeholders include US federal agencies (NASA, USDA, EPA), Google, universities, and international research groups. November 13: National USGS Release: USGS will announce the estimated amount of uranium ore in portions of Texas, New Mexico, and Oklahoma. The discovery of calcrete deposits by industry led USGS to conduct an assessment. In the process of the assessment, a new species of uranium mineral was discovered by USGS. November 15: National USGS Release: USGS will issue a release announcing the Pecora Awards for Excellence in Earth Observation. November TBD: Local USGS Release: USGS will issue a release regarding a new USGS study that tracks millions of tons of rocks, gravel and silt carried by the Sauk River and its tributaries to the Skagit River. Bureau of Reclamation  November TBD: National Reclamation Release: Reclamation will release two funding opportunity announcements under the Drought Response Program for drought resiliency projects and drought contingency planning. The Drought Response Program supports a proactive approach to drought. It will provide assistance to water users for drought contingency planning and to take actions that will build long-term resiliency to drought. Bureau of Ocean Energy Management:    November TBD: BOEM Note to Stakeholders: BOEM issue a note to stakeholders regarding Q3 FY17 study reports posting to ESPIS. November TBD: GOMR Sale 249 closeout NTS. November TBD: BOEM will announce a three-week extension of the Liberty EIS comment period. Office of the Assistant Secretary-Indian Affairs (including Bureau of Indian Affairs)   November 14: Acting Assistant Secretary-Indian Affairs Tahsuda and Acting Special Trustee Gidner will appear on the Native America Calling radio show to talk about the final deadline the US District Court set for November 27, 2017 for any Class Member or the heir of a Class Member to provide documentation so that payment can be made. November 15: “Rock Your Mocs (Moccasins) Day!” Acting Assistant Secretary-Indian Affairs Tahsuda will participate in the annual Native Youth inspired day by gathering with employee to “Rock Your Mocs!” This will be social media driven with our leadership, staff, and BIE Schools. CONGRESSIONAL UPDATE UPCOMING HNRC HEARING: The House Natural Resources Subcommittee on Indian Affairs is holding a legislating hearing on the following bills: H.R. 212 (Young of AK), expediting Congressional review of tribal funding agreement under ISDEAA; H.R. 2320 (Larsen), land into trust for Samish Indian Nation; and H.R. 3225 (DeFazio), allow certain OR tribes to lease or transfer land. Witness is pending. Timing: Wednesday, November 15 Contact: Amanda Kaster, Policy Adviser, Congressional Affairs PENDING COLORADO ANNOUNCEMENT: Sec. Zinke and Dep. Sec. Bernhardt have been working with Sen. Gardner and Rep. Tipton on a resolution to a long-standing issue in Western Colorado regarding the release of funds related to an old mine. This money would go to the state and counties. The previous administration did nothing on this issue for the last eight years. DOI is working with the delegation on releasing these funds. It will be big news for the Senator, Congressman and rural Colorado. FOIA001:00443397 Timing: TBD Contact: Micah Chambers, Deputy Director, Congressional Affairs POLITICAL APPOINTEE UPDATE DOI politicals on board 65 3 PAS confirmed as of 9/18. 6 nominated awaiting confirmation:  Pending Senate floor vote: Susan Combs, Assistant Secretary Policy Management and Budget.  Pending Senate floor vote: Brenda Berman, Commissioner, Bureau of Reclamation.  Pending Senate floor vote: Joe Balash, Assistant Secretary, Land and Minerals  Pending Senate floor vote: Ryan Douglas Nelson, Solicitor  Pending Hearing: Tara Sweeney, Assistant Secretary for Indian Affairs  Pending Hearing: Steve Gardner, Director, Office of Surface Mining and Reclamation  TO BE ANNOUNCED TODAY: Tim Petty, Assistant Secretary for Water and Science Overall:  Schedule C: 36 of 68 onboard; 2 starting; 6 in process  NC-SES: 26 of 44 onboard; 3 starting; 1 in process  PAS: 3 Confirmed; 5 Announced; 14 of 17 Submitted to PPO SECRETARY SPEAKING INVITATIONS Accepted: 11/21 – US Marine Corps Unveiling of the Iraq and Afghanistan engraving at Iwo Jima Open (date TBC)- Americans for Tax Reform (DC) Open (date TBC)- Detroit Economic Club Event Postponed by organizers due to fire - 10/21 – DEPA BOD Meeting (CA) Outstanding Invitations in Process: 1/11/18 – EEI CEO and Board Conference (Phoenix, AZ) Declining 11/13 Montana Farm Bureau Federation Annual Meeting (Billings, MT) 11/14 – George Rogers Clark National Historical Park Quarter Launch (Vincennes, Indiana) 11/15 Motorcycle Industry Council Symposium (Carson, CA) 11/29 Association of California Water Agencies 2017 Fall Conference and Exhibition (Anaheim, CA) 12/1-2 – Western Governors Association Annual Meeting (Phoenix, AZ) 12/5-7 America Outdoors Association's 29th Annual Marketing and Management Conference for Outfitters and Adventure Resorts (Reno, NV) 12/6 American Exploration and Mining Association Annual Meeting (Reno, NV) 12/8 - Valley Industry and Commerce Association Annual Meeting (Los Angeles, CA) 12/11 – Veterans Day Commemoration (Prussia, PA) 12/14 – Leadership Missoula (Missoula, Montana) 12/8 – DOI Toastmasters event (Washington, DC) 12/9 – Western Caucus Foundation Winter Policy Meeting (Las Vegas, NV) 2/9-10 Associated General Contractors Western Chapter Annual Meeting (La Jolla, CA) 2/23/18 – West Slope Colorado Oil and Gas Association Annual Meeting (Grand Junction, CO) EMERGENCY MANAGEMENT FOIA001:00443397 Interagency Hurricane response and recovery efforts: USGS continues to provide support to FEMA by identifying, flagging, and surveying high water marks for communities impacted by riverine or coastal flooding in Puerto Rico. While this mission is expected to continue throughDecember 15, field work will be completed this week and the team will begin to process and analyze the data they have gathered. A team of five scientists from the USGS Landslides Hazards Program (LHP) continues to conduct surveys documenting landslide occurrences. To date, over 50,000 landslides have been documented across Puerto Rico. Landslides have impacted infrastructure and property, and isolated several mountain communities. DOI has 10 (-17) employees from bureaus and offices supporting the FEMA Surge Capacity Force. The group is comprised of volunteers that are located in Puerto Rico, the U.S. Virgin Islands, Nevada, and Florida. These personnel are expected to demobilize by November 28 and FEMA has concluded that additional DOI personnel are not needed in support of this mission. DOI also has 31 (+7) employees supporting, or are scheduled to provide support to, the Small Business Administration (SBA). The group is comprised of volunteers working in New York, Texas, California, Virginia, Florida, and Washington, D.C. Internal bureau and office-specific Hurricane response and recovery activities: NPS reports that recent weather conditions and slowly subsiding water levels have improved conditions in the Big Cypress National Preserve, where staff has been working to restore facilities, infrastructure, and access to the public after Hurricane Irma. USFWS has initiated a phased re-opening of the Florida Keys NWR Complex after closures were required due to impacts from Hurricane Irma. Visitor access was restored to the Crocodile Lake NWR, the National Key Deer NWR, the Key West NWR, and the Great White Heron NWR earlier this month. Department of Homeland Security Reporting: In Puerto Rico, power has been restored to approximately 43 (+7)-percent of customers and the expectation is that 95-percent of Puerto Rico will be restored by December 15. Potable water has been restored to more than 85 (+3)-percent of clients served by the Puerto Rico Aqueduct and Sewer Authority. The Guajataca Dam drawdown is now complete as water levels have dropped to 14 feet below the spillway. While a Flash Flood Warning remains in effect, the Puerto Rico Emergency Management Agency is working with the U.S. Army Corps of Engineers and the National Weather Service to discontinue the warning as early as today. In the U.S. Virgin Islands, the Virgin Islands Water and Power Authority estimates 90-percent power restoration by late December. Over the last week, grid power service has increased to 38 (+17)-percent of the population for St. Thomas, 12 (+7)-percent for St. Croix, and 30 (+26)-percent for St. John. Telecommunication officials report 62 (+10)-percent of cellular sites are operational and an estimated 93 (+5)-percent of the population lives in areas where wireless voice and text service has been restored. OUTSIDE MEDIA OF INTEREST (new) Vice President Pence Honors Veterans By Cleaning Vietnam Memorial. USA Today (11/11, Groppe) reported Vice President Mike Pence and Interior Secretary Ryan Zinke helped clean names etched onto the Vietnam Veterans Memorial Saturday. After arriving at the memorial with his wife, Pence, wearing blue jeans and yellow gloves, “carried an orange cleaning bucket with the message “Let’s Do This” to an area close to the center of the wall.” USA Today quotes Zinke FOIA001:00443397 saying to the vice president, “You scrub and I’ll dry.” ABC News (11/11) reported Pence “shook hands and posed for photos with the volunteers in subfreezing temperatures just after dawn.” Pence and Zinke were also joined by James Pierce, “a National Park Service ranger who lost a leg while serving with the North Carolina Army National Guard in Afghanistan.” The event was sponsored by the New Day USA, a mortgage company specializing in loans to veterans. Zinke Says Democrats Holding Interior Nominees ‘Hostage.’ The AP (11/11, Daly) reports Interior Secretary Zinke on Thursday sent a “sharply worded letter” to Senate Minority Whip Dick Durbin accusing Senate Democrats of “holding the department’s nominees ‘hostage’ to a political agenda that includes opposition to his review of presidentially designated monuments.” Zinke asserted the nominees “have nothing to do with this monument review, yet they have been forced to sit on the sidelines [for months]. As a former Navy SEAL, this is not the type of hostage situation I am accustomed to.” According to the AP, “Durbin has placed holds on four Interior nominees: Susan Combs, nominated as assistant secretary for policy, management and budget; Joseph Balash, assistant secretary for land and minerals management; Ryan Nelson, solicitor; and Brenda Burman, commissioner of the Bureau of Reclamation, which oversees dams and water projects in 17 Western states.” Fox News Interviews Zinke About Energy Production On Federal Lands, National Park Fee Hikes. Interior Secretary Ryan Zinke was interviewed Thursday evening on Fox News @ Night (11/9) about criticism he has received from environmentalists. In response to concerns about increasing energy production on Federal lands, Zinke said, “If you want to make our country not dependent on foreign oil. I am a former seal. I don’t want to see your kids, my kids go to foreign shores and fight for a commodity we have here. We are going to do it right. We are not going to sell or transfer public land, but if you believe in the concept that the best science, best practices, greater good in the longest term, then you’re with the secretary of the interior. But if you believe public land is exclusive, only for the elite few that want to look at it but i’m a public access person. I think the public land should be available to america and the public.” Zinke also called criticism of National Park fee increases “baloney,” adding, “The greatest bargain in America is $80 for a year-long pass of our public lands. I face an $11.5 billion backlog of our public lands and parks. Our parks are being loved to death. everyone loves our parks. As a former military, there’s two things we need fun absolutely: the military and our parks. Come on, America. if you think $80, all year, every park, all the time, by a car load, is too much to ask, I mean, come on. It’s our parks. Those that don’t believe that we should invest in our parks. Our parks aren’t Republican or Democrat or Independent issue. It’s an American issue. America, step up. Go to our parks and enjoy them. They are treasures we need to invest in.” Later in the segment, Zinke discussed his involvement with Whitefish and said he will spend time over the weekend visiting national monuments in honor of Veterans Day. How The Opioid Crisis Is Affecting Native Americans. NPR (11/11) interviewed Dr. Ron Shaw, president of the Association of American Indian Physicians, about how the opioid crisis is affecting Native Americans. According to a report from the Centers for Disease Control, “the death rate of Native Americans from opioid overdoses was the highest of any racial demographic. Some 8.4 per 100,000 Native Americans died of opioid overdoses in 2014.” Shaw explained that “many Native American populations suffer from what is known as historical and intergenerational trauma,” which has “been shown to be associated with increased rates of depression, drug use and drug addiction.” Shaw advocates for getting native leaders to “testify before Congress, FOIA001:00443397 including the Senate Committee on Indian Affairs, and try to put the native-specific issues before our legislators.” Settlement Reached In Lawsuit Against Bureau of Land Management. The AP (11/9, Warren) reported a federal judge on Wednesday “approved the terms that settle a longrunning dispute involving the Bureau of Land Management and property owners along the Red River.” The BLM argued the river “has shifted as much as 2 miles (3.2 kilometers) in some areas over the past century, and some of the dry land where the river once flowed belonged to the government, not residents who claimed ownership.” The landowners’ lawyer, Robert Henneke, said BLM’s claims “amounted to an unlawful federal land grab.” Henneke explained the settlement “contains three provisions, including the one dictating that the river, wherever it may flow now and in decades to come, constitutes the boundary. Federal officials will dismiss the land surveys that were previously done, Henneke said, and the BLM will issue a disclaimer on maps the agency previously released showing federal boundaries that extended into Texas.” Federal Vacancies Would Impede Recovery From Next Drought, Natural Resources Secretary Says. The Santa Cruz (CA) Sentinel (11/11, Todd) reported California Secretary for Natural Resources John Laird said after the Democratic Women’s Club of Santa Cruz County meeting Saturday that the state would be in danger if another drought occurs because federal support remains uncertain. The Trump Administration has yet to fill “high-level vacancies for a slate of federal departments,” including the Bureau of Reclamation, which still lacks a commissioner. During the previous drought, “five agencies — two state departments and three federal departments — were in control of California’s water supply, Laird said.” Negotiations between state and federal agencies were vital “in providing timely relief, Laird said. Under the Obama administration, federal support was outlined within 24 hours.” Catharsis Brings Burning Man Spirit To Nation’s Capital. The AP (11/10, Khalil) reported on Catharsis on the Mall, a three-day event “that seeks to bring a small slice of the famed Burning Man festival to the foot of the Washington Monument.” The event began Friday afternoon and continued “the-clock through Sunday with seminars, events and performances in tents, stages and camps.” A “massive” metal dragon “will roll through the streets around the Capitol during a protest march at dawn Sunday. On Saturday night, a small wooden temple will be set ablaze under the close eye of fire marshals.” The AP said “R-Evolution, a 47-foot-high sculpture of a nude woman in a yoga pose that was featured at this year’s Burning Man,” would not be at the festival after the Interior Department reversed course on permission that was initially given by the National Park Service. Park Service Wants To Ban Sports From Washington Monument Grounds. The Washington Post (11/9, Ruane) reported the National Park Service said Thursday “that it wants to permanently close the grounds of the Washington Monument to recreational activities and increase reservation fees for use of its 28 athletic fields on the Mall and in Rock Creek Park.” NPS spokesman Mike Litterst said in an email that the Washington Monument ground “were closed earlier this year for turf restoration, and the Park Service wants that closure to continue after the project is finished this year.” The proposal would also increase reservation rate fees to “$70 per two-hour block — $30 an hour plus a $10 administrative fee,” and “permitting will shift from the D.C. Department of Parks and Recreation to the National Park Service, the owner of the fields, Litterst said.” DEPARTMENT PRESS RELEASES FOIA001:00443397 Secretary Zinke & BLM invite sportsmen to enjoy upcoming deer season at the Sabinoso Wilderness Donation of 3,500 Acres of land made the Sabinoso publicly accessible for first time ever Taos, N.M. – U.S. Secretary of the Interior Ryan Zinke and the Bureau of Land Management are pleased to announce that the Sabinoso Wilderness – which contains some of the most pristine habitat in the country for elk, mule deer, and other wildlife – is for the first time ever accessible to the public for hunting, fishing, and other recreational activities. The 16,000-acre Sabinoso was previously wholly surrounded by non-federal land, making it inaccessible to the general public. However, a donation of 3,595 acres (formerly known as the Rimrock Rose Ranch) that are adjacent to Sabinoso Wilderness was accepted by the Secretary and is now public. "I'm happy to announce today the Sabinoso Wilderness Area is finally open and accessible to hunters and all members of the public for the first time ever," said Secretary Zinke. "Expanding access to hunting, fishing, and recreation on federal lands is one of my top priorities as Secretary. I originally had concerns about adding more wilderness-designated area, however after hiking and riding the land it was clear that access would only be improved. Thanks to the donation of a private organization, we we continue to move toward delivering this nonpartisan win for sportsmen and the community." “The BLM strives to be a good neighbor in the communities we serve, and along with our partners we are pleased to better connect the public to the Sabinoso,” said Acting BLM Director Michael D. Nedd. “This action will provide folks with exceptional opportunities for hunting and fishing, as well as outdoor activities such as hiking, horseback riding, and backcountry camping in a pristine environment.” "The Mule Deer Foundation commends Secretary Zinke on the completion of this project which will go a long way toward expanding and enhancing opportunities to access otherwise difficult to reach lands," said Miles Moretti, President/CEO of MDF. "This is yet another example of Secretary Zinke's execution of a pro-sportsman policy agenda which he announced immediately upon being sworn in to his position." “For years, hunters and anglers have called on Congress and federal agencies to help us gain access to landlocked public lands. We applaud Secretary Zinke for his commitment to this priority and look forward to ‘unlocking the gate’ so that America’s sportsmen and women can experience what the Sabinoso has to offer by truly ‘Making Public Lands Public’,” said Jeff Crane, President of the Congressional Sportsmen’s Foundation. Encompassing approximately 16,000 acres in northeastern New Mexico, the Sabinoso Wilderness previously was fully surrounded by private land, making it inaccessible to the public. However, by adding the donated land – approximately 3,500 acres formerly known as the Rimrock Rose Ranch – the Sabinoso now connects with neighboring BLM-managed land, making it publicly accessible for the first time since its Congressional designation as a Wilderness Area in 2009. Now that the area is fully accessible, the BLM invites the public to experience the Sabinoso’s unique and wild beauty. However, please be aware that Sabinoso is a wilderness area, and along with that designation the following items are prohibited: motorized vehicles and equipment, aircraft (including drones), and mechanical transport including off-road vehicles and bicycles. For more information, please visit https://www.blm.gov/programs/national-conservation-lands/newmexico/sabinoso-wilderness or call acting BLM Taos Field Manager Brad Higdon at 575-758-1620. FEDERAL REGISTER LISTINGS: Sent to the Federal Register on November 10th. FOIA001:00443397 REG0007515 FWS Issuance of Import Permits for Zimbabwe Elephant Trophies Taken on or After January 21, 2016 and on or before December 31, 2018 -- This notice announces to the public that the Service has made a finding that the killing of African elephant trophy animals in Zimbabwe on or after 1/21/2016 and before or on 12/31/2018 meets the ESA criteria for authorizing imports. Notice 11/09/2017 REG0007605 NPS Request for Nominations: National Park System Advisory Board -- The FR notice requests nominations for the appointment of three members to the National Park System Advisory Board. Notice 11/09/2017 FOIA001:00322065 Alex Hinson To: ; Caroline Boulton David Bernhardt(b) (6) Eli Nachmany ; James Cason ]; Magallanes, Downey ]; Micah Chambers[ ]; Russell Newell[ ]; Swift, Heather[ ]; Willens, Todd Domenech Leila Rigas Lori Davis Hommel[ Aaron[ From: Mashburn, Lori Sent: 2017-11-13T13:21:05-05:00 Importance: Normal Subject: Fwd: DOI Cabinet Affairs Report 11/13 Received: 2017-11-13T13:21:54-05:00 DAILY UPDATE FOR CABINET AFFAIRS 11-13-17.docx Daniel ; Douglas Getto, ; Laura ; Mashburn, ]; Natalie ]; Scott ]; Thiele, ] DEPARTMENT OF THE INTERIOR DAILY UPDATE FOR CABINET AFFAIRS – 11/13/17 Lori Mashburn, White House Liaison Natalie Davis, Special Assistant to the Secretary STATUS OF THE SECRETARY THIS WEEK: The Secretary is in DC. · 11/13 Call with New Mexico Governor Susana Martinez o Lunch with Joshua Tree Superintendent · 11/14 Meeting with Majority Leader Kevin McCarthy, Sen. Barrasso, Rep. Cheney, and Rep. Cook o Meeting with Senator Durbin · 11/15 Meeting with The Nature Conservancy o Meeting with National Park Service Regional Directors Meeting o TENT. Gershwin Prize Event · 11/16 OTR Breakfast Roundtable with Senators o TENT. Museum Dedication Gala · 11/17 Internal Meetings STATUS OF THE DEPUTY SECRETARY TODAY: Internal Meeting in DC. WH COMMS REPORT (submitted Friday, 11/10) FOIA001:00322065 Press Inquiries: · Small inquiries and logistical inquiries. · RV News: (David Rosansky)—REQUEST-- I see a fine has been issued to Hamilton County Indiana in the amount of $6,533 for two violations of NAGPRA. Can you tell me about that? I had thought the fine might be much higher based on the long term the parks department was not in compliance. Also, I believe the tribes submitted $20,000 in expenses--RESPONSE— The Department of the Interior generally does not comment on pending civil penalty enforcement actions to avoid jeopardizing on-going investigations. · CQ Roll Call: (Jackie Toth)—REQUEST-- Can we get comment on Sen. Durbin's hold on the four Interior nominees on the Senate calendar?—RESPONSE-- It's a false argument. Nominees like Brenda Burman have been waiting months for a vote. An October 23rd scheduling request doesn't explain the other 116 days. Top Stories · KTUU Alaska: Veterans Day activities begins with reading of Vietnam Memorial Wall names · E&E News: Durbin puts hold on nominees · Philadelphia Inquirer- OPINION: Recognizing the Pa. veterans who just donated $40K to Vietnam War Memorial Secretary Ryan Zinke · Durango Herald- OPINION: Woolston: America’s security and economy depend on ANWR · New York Times: Lines Are Drawn Over Design for a National World War I Memorial Top Issues and Accomplishments · Interior continues to support all Hurricane Harvey, Hurricane Irma, Hurricane Maria, and Hurricane Nate efforts. All bureaus are executing their emergency plans and assisting in Hurricane relief. · Tonight, Secretary Zinke has a Fox News Interview with Shannon Bream. The hit is at 11 pm. · Today, DOI made a personnel announcement regarding the four veterans Secretary Zinke has recently hired. · Friday, Secretary Zinke will visit Manassas Battlefield to honor veterans and tour the battlefield. FOIA001:00322065 · Saturday, Secretary Zinke will participate in five Veterans Day events and celebrations. o 6:30 am EST: Secretary Zinke will join veterans in washing the wall at the Vietnam Veterans Memorial. o 8:45 am EST: Secretary Zinke participates in a Veterans Day observance at the World War II Memorial. o 10:30 am EST: Secretary Zinke will participate in the 64th annual Veterans Day National Ceremony at Arlington National Cemetery. o 1:00 pm EST: Secretary Zinke will address the Vietnam Veterans Memorial Fund at the Vietnam Veterans Memorial. o 3:30 pm EST: Secretary Zinke will give remarks at the Korean War Veterans Memorial Veterans Day Observance. AGENCY MEDIA WEEK AHEAD November 8 thru November 16, 2017 (submitted November 8) Announcements/Releases/Events U.S. Department of the Interior Secretarial-level Announcements/Events/Interviews This week the Secretary is in Washington, D.C. · November 14: the “Stream Protection Rule” (related to OSMRE) will hit the Federal Register. Communications materials are forthcoming. · November TBD: Major announcement regarding Arlington Memorial Bridge. Pending WH review. December 4: Proclamation signing in Utah regarding the Antiquities Act. Communications materials are forthcoming. · November/December TBD: USGS will release a report on critical minerals, followed by an EO and SO signing. Communications materials are forthcoming. The Secretary stands ready to support the WH on media opportunities to push the President’s Tax Reform Agenda. WH has dates/times of availability. National Park Service FOIA001:00322065 · November TBD: Local NPS Release: NPS will announce plans to reestablish operations at Virgin Islands National Park. · November 14: Local NPS Release: Glacier National Park will notify the public of the availability of Glacier National Park’s Lake McDonald Properties Management Plan Environmental Assessment (EA). The EA will be available for a 30-day public review and comment period. Following the public review and comment period, the park will prepare a formal decision document. The EA analyzes alternatives to manage NPS-owned properties surrounding Lake McDonald, which includes buildings listed on the National Register of Historic Places. · November 14: National Joint Release: The U.S. Mint and the NPS will unveil the Indiana quarter at George Rogers Clark NHP. This is the last America the Beautiful Quarter® release scheduled for 2017, and the 40th of the 56-quarter series from the U.S. Mint recognizing national parks or historic sites around the country. Deputy Regional Director Patricia Trap will speak at the event. · November 15: Local NPS Release: Death Valley National Park anticipates the simultaneous release of two Environmental Assessments for a 30-day public review. Public meetings will be held during the public review periods. Both projects address damage that resulted from a major rainstorm and extensive flash flood in 2015. · November TBD: Local NPS Release: NPS NCR will issue news release on upcoming deer management and reduction at three western Maryland parks. All three parks did the same last year with minimal controversy. U.S. Fish and Wildlife Service · November 13 (tent.): National FWS Release: FWS will issue a release on the opening of the public comment for both the Candidate Conservation Agreements with Assurances (CCAA) policy and the corresponding regulations. These notices will solicit public comments on the 2016 revised policy and regulations to determine if there are additional revisions, particularly to the CCAA standard, that will make the policy and regulations easier to implement for those entities choosing to participate in a CCAA. · November 13: Local FWS Release: FWS will announce the reopening of comment period on the proposed rule regarding the threatened species status for San Fernando Valley Spineflower. · November TBD: FWS News Bulletin: FWS will issue a news bulletin regarding a NEPA Environmental Assessment related to lethal take permits for cormorants (a type of bird which is considered an invasive species) for aquaculture facilities. Bureau of Land Management · November 14-15: BLM will hold the final scoping meetings for the Notice of Intent to amend Greater sage-grouse land use plans in Vernal and Cedar City, UT, FOIA001:00322065 respectively. · November 16: Acting ASLM Kate MacGregor will deliver the keynote address at the Grand Junction Petroleum and Mining Club’s monthly meeting in Grand Junction, Colo. Titled DOIs Role in Energy Dominance, her remarks will focus on the Administration’s energy-related priorities, including efforts to streamline the environmental review and permitting processes, reduce regulatory burdens on energy development, and boost rural economies through job creation in the energy industry. · November 16: BLM-AK Authorized Officer Erika Reed and Deputy Authorized Officer Dave Mushovic will attend a monthly Senior Leadership meeting for the Trans-Alaska Pipeline System, hosted by Alyeska Pipeline Service Company (the corporation that manages the system). · November TBD: National BLM Release: BLM will issue a release announcing that Sabinoso Wilderness is now open to the public. · November TBD: Local BLM Release: BLM-CO expects to issue a decision about whether to grant a royalty rate reduction for the West Elk Mine. The BLM proposes to approve Mountain Coal Company, LLC’s application for a royalty rate reduction from 8 percent to 5 percent for 10.3 million tons of coal in the West Elk Mine in southwest Colorado’s North Fork Valley. · November TBD: Local BLM Release: BLM-CO expects to issue a decision whether to modify GCC Energy’s King II Mine in Montezuma County in southwest CO by 951 acres to allow GCC to access an estimated 4.66 million tons of recoverable Federal coal reserves for an additional 6.5 years of mining. U.S. Geological Survey · November 13 (tent.): The USGS will release the first-ever map of croplands worldwide using 30-m resolution, which is the highest resolution yet. This is a collaborative effort among international agencies. The map will clearly show individual farm fields and cover 1.874 billion hectares of croplands. This is a one-of-a-kind dataset primarily using Landsat satellite data. The map is part of the Global Food Security-Support Analysis Data @ 30-m (GFSAD30) Project. Partners and stakeholders include US federal agencies (NASA, USDA, EPA), Google, universities, and international research groups. November 13: National USGS Release: USGS will announce the estimated amount of uranium ore in portions of Texas, New Mexico, and Oklahoma. The discovery of calcrete deposits by industry led USGS to conduct an assessment. In the process of the assessment, a new species of uranium mineral was discovered by USGS. · November 15: National USGS Release: USGS will issue a release announcing the Pecora Awards for Excellence in Earth Observation. · November TBD: Local USGS Release: USGS will issue a release regarding a new USGS study that tracks millions of tons of rocks, gravel and silt carried by the Sauk River and its tributaries to the Skagit River. FOIA001:00322065 Bureau of Reclamation · November TBD: National Reclamation Release: Reclamation will release two funding opportunity announcements under the Drought Response Program for drought resiliency projects and drought contingency planning. The Drought Response Program supports a proactive approach to drought. It will provide assistance to water users for drought contingency planning and to take actions that will build long-term resiliency to drought. Bureau of Ocean Energy Management: · November TBD: BOEM Note to Stakeholders: BOEM issue a note to stakeholders regarding Q3 FY17 study reports posting to ESPIS. · November TBD: GOMR Sale 249 closeout NTS. · November TBD: BOEM will announce a three-week extension of the Liberty EIS comment period. Office of the Assistant Secretary-Indian Affairs (including Bureau of Indian Affairs) · November 14: Acting Assistant Secretary-Indian Affairs Tahsuda and Acting Special Trustee Gidner will appear on the Native America Calling radio show to talk about the final deadline the US District Court set for November 27, 2017 for any Class Member or the heir of a Class Member to provide documentation so that payment can be made. · November 15: “Rock Your Mocs (Moccasins) Day!” Acting Assistant Secretary-Indian Affairs Tahsuda will participate in the annual Native Youth inspired day by gathering with employee to “Rock Your Mocs!” This will be social media driven with our leadership, staff, and BIE Schools. CONGRESSIONAL UPDATE UPCOMING HNRC HEARING: The House Natural Resources Subcommittee on Indian Affairs is holding a legislating hearing on the following bills: H.R. 212 (Young of AK), expediting Congressional review of tribal funding agreement under ISDEAA; H.R. 2320 (Larsen), land into trust for Samish Indian Nation; and H.R. 3225 (DeFazio), allow certain OR tribes to lease or transfer land. Witness is pending. Timing: Wednesday, November 15 Contact: Amanda Kaster, Policy Adviser, Congressional Affairs PENDING COLORADO ANNOUNCEMENT: Sec. Zinke and Dep. Sec. Bernhardt have been working with Sen. Gardner and Rep. Tipton on a resolution to a longstanding issue in Western Colorado regarding the release of funds related to an old mine. This money would go to the state and counties. The previous administration did FOIA001:00322065 nothing on this issue for the last eight years. DOI is working with the delegation on releasing these funds. It will be big news for the Senator, Congressman and rural Colorado. Timing: TBD Contact: Micah Chambers, Deputy Director, Congressional Affairs POLITICAL APPOINTEE UPDATE DOI politicals on board = 65 3 PAS confirmed as of 9/18. 6 nominated awaiting confirmation: · Pending Senate floor vote: Susan Combs, Assistant Secretary Policy Management and Budget. · Pending Senate floor vote: Brenda Berman, Commissioner, Bureau of Reclamation. · Pending Senate floor vote: Joe Balash, Assistant Secretary, Land and Minerals · Pending Senate floor vote: Ryan Douglas Nelson, Solicitor · Pending Hearing: Tara Sweeney, Assistant Secretary for Indian Affairs · Pending Hearing: Steve Gardner, Director, Office of Surface Mining and Reclamation · TO BE ANNOUNCED TODAY: Tim Petty, Assistant Secretary for Water and Science Overall: · Schedule C: 36 of 68 onboard; 2 starting; 6 in process · NC-SES: 26 of 44 onboard; 3 starting; 1 in process · PAS: 3 Confirmed; 5 Announced; 14 of 17 Submitted to PPO SECRETARY SPEAKING INVITATIONS Accepted: 11/21 US Marine Corps Unveiling of the Iraq and Afghanistan engraving at Iwo Jima Open (date TBC)- Americans for Tax Reform (DC) Open (date TBC)- Detroit Economic Club Event Postponed by organizers due to fire - 10/21 Outstanding Invitations in Process: DEPA BOD Meeting (CA) FOIA001:00322065 1/11/18 EEI CEO and Board Conference (Phoenix, AZ) Declining 11/13 Montana Farm Bureau Federation Annual Meeting (Billings, MT) 11/14 George Rogers Clark National Historical Park Quarter Launch (Vincennes, Indiana) 11/15 Motorcycle Industry Council Symposium (Carson, CA) 11/29 Association of California Water Agencies 2017 Fall Conference and Exhibition (Anaheim, CA) 12/1-2 Western Governors Association Annual Meeting (Phoenix, AZ) 12/5-7 America Outdoors Association's 29th Annual Marketing and Management Conference for Outfitters and Adventure Resorts (Reno, NV) 12/6 American Exploration and Mining Association Annual Meeting (Reno, NV) 12/8 - Valley Industry and Commerce Association Annual Meeting (Los Angeles, CA) 12/11 Veterans Day Commemoration (Prussia, PA) 12/14 Leadership Missoula (Missoula, Montana) 12/8 DOI Toastmasters event (Washington, DC) 12/9 Western Caucus Foundation Winter Policy Meeting (Las Vegas, NV) 2/9-10 Associated General Contractors Western Chapter Annual Meeting (La Jolla, CA) 2/23/18 West Slope Colorado Oil and Gas Association Annual Meeting (Grand Junction, CO) EMERGENCY MANAGEMENT Interagency Hurricane response and recovery efforts: USGS continues to provide support to FEMA by identifying, flagging, and surveying high water marks for communities impacted by riverine or coastal flooding in Puerto Rico. While this mission is expected to continue throughDecember 15, field work will be completed this week and the team will begin to process and analyze the data they have gathered. A team of five scientists from the USGS Landslides Hazards Program (LHP) continues to conduct surveys documenting landslide occurrences. To date, over 50,000 landslides have been documented across Puerto Rico. Landslides have impacted infrastructure and property, and isolated several mountain communities. DOI has 10 (-17) employees from bureaus and offices supporting the FEMA Surge Capacity Force. The group is comprised of volunteers that are located in Puerto Rico, the U.S. Virgin Islands, Nevada, and Florida. These personnel are expected to demobilize by November 28 and FEMA has concluded that additional DOI personnel FOIA001:00322065 are not needed in support of this mission. DOI also has 31 (+7) employees supporting, or are scheduled to provide support to, the Small Business Administration (SBA). The group is comprised of volunteers working in New York, Texas, California, Virginia, Florida, and Washington, D.C. Internal bureau and office-specific Hurricane response and recovery activities: NPS reports that recent weather conditions and slowly subsiding water levels have improved conditions in the Big Cypress National Preserve, where staff has been working to restore facilities, infrastructure, and access to the public after Hurricane Irma. USFWS has initiated a phased re-opening of the Florida Keys NWR Complex after closures were required due to impacts from Hurricane Irma. Visitor access was restored to the Crocodile Lake NWR, the National Key Deer NWR, the Key West NWR, and the Great White Heron NWR earlier this month. Department of Homeland Security Reporting: In Puerto Rico, power has been restored to approximately 43 (+7)-percent of customers and the expectation is that 95-percent of Puerto Rico will be restored by December 15. Potable water has been restored to more than 85 (+3)-percent of clients served by the Puerto Rico Aqueduct and Sewer Authority. The Guajataca Dam drawdown is now complete as water levels have dropped to 14 feet below the spillway. While a Flash Flood Warning remains in effect, the Puerto Rico Emergency Management Agency is working with the U.S. Army Corps of Engineers and the National Weather Service to discontinue the warning as early as today. In the U.S. Virgin Islands, the Virgin Islands Water and Power Authority estimates 90percent power restoration by late December. Over the last week, grid power service has increased to 38 (+17)-percent of the population for St. Thomas, 12 (+7)-percent for St. Croix, and 30 (+26)-percent for St. John. Telecommunication officials report 62 (+10)-percent of cellular sites are operational and an estimated 93 (+5)-percent of the population lives in areas where wireless voice and text service has been restored. OUTSIDE MEDIA OF INTEREST (new) Vice President Pence Honors Veterans By Cleaning Vietnam Memorial. USA Today (11/11, Groppe) reported Vice President Mike Pence and Interior Secretary Ryan Zinke helped clean names etched onto the Vietnam Veterans Memorial Saturday. After arriving at the memorial with his wife, Pence, wearing blue jeans and yellow gloves, “carried an orange cleaning bucket with the message “Let’s Do This” to an area close to the center of the wall.” USA Today quotes Zinke saying to the vice president, “You scrub and I’ll dry.” ABC News (11/11) reported Pence “shook hands and posed for photos with the volunteers in subfreezing temperatures just after dawn.” Pence and Zinke were also joined by James Pierce, “a National Park Service ranger who lost a leg while serving with the North Carolina Army National FOIA001:00322065 Guard in Afghanistan.” The event was sponsored by the New Day USA, a mortgage company specializing in loans to veterans. Zinke Says Democrats Holding Interior Nominees ‘Hostage.’ The AP (11/11, Daly) reports Interior Secretary Zinke on Thursday sent a “sharply worded letter” to Senate Minority Whip Dick Durbin accusing Senate Democrats of “holding the department’s nominees ‘hostage’ to a political agenda that includes opposition to his review of presidentially designated monuments.” Zinke asserted the nominees “have nothing to do with this monument review, yet they have been forced to sit on the sidelines [for months]. As a former Navy SEAL, this is not the type of hostage situation I am accustomed to.” According to the AP, “Durbin has placed holds on four Interior nominees: Susan Combs, nominated as assistant secretary for policy, management and budget; Joseph Balash, assistant secretary for land and minerals management; Ryan Nelson, solicitor; and Brenda Burman, commissioner of the Bureau of Reclamation, which oversees dams and water projects in 17 Western states.” Fox News Interviews Zinke About Energy Production On Federal Lands, National Park Fee Hikes. Interior Secretary Ryan Zinke was interviewed Thursday evening on Fox News @ Night (11/9) about criticism he has received from environmentalists. In response to concerns about increasing energy production on Federal lands, Zinke said, “If you want to make our country not dependent on foreign oil. I am a former seal. I don’t want to see your kids, my kids go to foreign shores and fight for a commodity we have here. We are going to do it right. We are not going to sell or transfer public land, but if you believe in the concept that the best science, best practices, greater good in the longest term, then you’re with the secretary of the interior. But if you believe public land is exclusive, only for the elite few that want to look at it but i’m a public access person. I think the public land should be available to america and the public.” Zinke also called criticism of National Park fee increases “baloney,” adding, “The greatest bargain in America is $80 for a year-long pass of our public lands. I face an $11.5 billion backlog of our public lands and parks. Our parks are being loved to death. everyone loves our parks. As a former military, there’s two things we need fun absolutely: the military and our parks. Come on, America. if you think $80, all year, every park, all the time, by a car load, is too much to ask, I mean, come on. It’s our parks. Those that don’t believe that we should invest in our parks. Our parks aren’t Republican or Democrat or Independent issue. It’s an American issue. America, step up. Go to our parks and enjoy them. They are treasures we need to invest in.” Later in the segment, Zinke discussed his involvement with Whitefish and said he will spend time over the weekend visiting national monuments in honor of Veterans Day. How The Opioid Crisis Is Affecting Native Americans. NPR (11/11) interviewed Dr. Ron Shaw, president of the Association of American Indian Physicians, about how the opioid crisis is affecting Native Americans. FOIA001:00322065 According to a report from the Centers for Disease Control, “the death rate of Native Americans from opioid overdoses was the highest of any racial demographic. Some 8.4 per 100,000 Native Americans died of opioid overdoses in 2014.” Shaw explained that “many Native American populations suffer from what is known as historical and intergenerational trauma,” which has “been shown to be associated with increased rates of depression, drug use and drug addiction.” Shaw advocates for getting native leaders to “testify before Congress, including the Senate Committee on Indian Affairs, and try to put the native-specific issues before our legislators.” Settlement Reached In Lawsuit Against Bureau of Land Management. The AP (11/9, Warren) reported a federal judge on Wednesday “approved the terms that settle a long-running dispute involving the Bureau of Land Management and property owners along the Red River.” The BLM argued the river “has shifted as much as 2 miles (3.2 kilometers) in some areas over the past century, and some of the dry land where the river once flowed belonged to the government, not residents who claimed ownership.” The landowners’ lawyer, Robert Henneke, said BLM’s claims “amounted to an unlawful federal land grab.” Henneke explained the settlement “contains three provisions, including the one dictating that the river, wherever it may flow now and in decades to come, constitutes the boundary. Federal officials will dismiss the land surveys that were previously done, Henneke said, and the BLM will issue a disclaimer on maps the agency previously released showing federal boundaries that extended into Texas.” Federal Vacancies Would Impede Recovery From Next Drought, Natural Resources Secretary Says. The Santa Cruz (CA) Sentinel (11/11, Todd) reported California Secretary for Natural Resources John Laird said after the Democratic Women’s Club of Santa Cruz County meeting Saturday that the state would be in danger if another drought occurs because federal support remains uncertain. The Trump Administration has yet to fill “high-level vacancies for a slate of federal departments,” including the Bureau of Reclamation, which still lacks a commissioner. During the previous drought, “five agencies two state departments and three federal departments were in control of California’s water supply, Laird said.” Negotiations between state and federal agencies were vital “in providing timely relief, Laird said. Under the Obama administration, federal support was outlined within 24 hours.” Catharsis Brings Burning Man Spirit To Nation’s Capital. The AP (11/10, Khalil) reported on Catharsis on the Mall, a three-day event “that seeks to bring a small slice of the famed Burning Man festival to the foot of the Washington Monument.” The event began Friday afternoon and continued “the-clock through Sunday with seminars, events and performances in tents, stages and camps.” A “massive” metal dragon “will roll through the streets around the Capitol during a protest march at dawn Sunday. On Saturday night, a small wooden temple will be set ablaze under the close eye of fire marshals.” The AP said “R-Evolution, a FOIA001:00322065 47-foot-high sculpture of a nude woman in a yoga pose that was featured at this year’s Burning Man,” would not be at the festival after the Interior Department reversed course on permission that was initially given by the National Park Service. Park Service Wants To Ban Sports From Washington Monument Grounds. The Washington Post (11/9, Ruane) reported the National Park Service said Thursday “that it wants to permanently close the grounds of the Washington Monument to recreational activities and increase reservation fees for use of its 28 athletic fields on the Mall and in Rock Creek Park.” NPS spokesman Mike Litterst said in an email that the Washington Monument ground “were closed earlier this year for turf restoration, and the Park Service wants that closure to continue after the project is finished this year.” The proposal would also increase reservation rate fees to “$70 per two-hour block $30 an hour plus a $10 administrative fee,” and “permitting will shift from the D.C. Department of Parks and Recreation to the National Park Service, the owner of the fields, Litterst said.” DEPARTMENT PRESS RELEASES Secretary Zinke & BLM invite sportsmen to enjoy upcoming deer season at the Sabinoso Wilderness Donation of 3,500 Acres of land made the Sabinoso publicly accessible for first time ever Taos, N.M. U.S. Secretary of the Interior Ryan Zinke and the Bureau of Land Management are pleased to announce that the Sabinoso Wilderness which contains some of the most pristine habitat in the country for elk, mule deer, and other wildlife is for the first time ever accessible to the public for hunting, fishing, and other recreational activities. The 16,000-acre Sabinoso was previously wholly surrounded by non-federal land, making it inaccessible to the general public. However, a donation of 3,595 acres (formerly known as the Rimrock Rose Ranch) that are adjacent to Sabinoso Wilderness was accepted by the Secretary and is now public. "I'm happy to announce today the Sabinoso Wilderness Area is finally open and accessible to hunters and all members of the public for the first time ever," said Secretary Zinke. "Expanding access to hunting, fishing, and recreation on federal lands is one of my top priorities as Secretary. I originally had concerns about adding more wilderness-designated area, however after hiking and riding the land it was clear that access would only be improved. Thanks to the donation of a private organization, we we continue to move toward delivering this nonpartisan win for sportsmen and the community." “The BLM strives to be a good neighbor in the communities we serve, and along with our partners we are pleased to better connect the public to the Sabinoso,” said Acting BLM Director Michael D. Nedd. “This action will provide folks with FOIA001:00322065 exceptional opportunities for hunting and fishing, as well as outdoor activities such as hiking, horseback riding, and backcountry camping in a pristine environment.” "The Mule Deer Foundation commends Secretary Zinke on the completion of this project which will go a long way toward expanding and enhancing opportunities to access otherwise difficult to reach lands," said Miles Moretti, President/CEO of MDF. "This is yet another example of Secretary Zinke's execution of a pro-sportsman policy agenda which he announced immediately upon being sworn in to his position." “For years, hunters and anglers have called on Congress and federal agencies to help us gain access to landlocked public lands. We applaud Secretary Zinke for his commitment to this priority and look forward to ‘unlocking the gate’ so that America’s sportsmen and women can experience what the Sabinoso has to offer by truly ‘Making Public Lands Public’,” said Jeff Crane, President of the Congressional Sportsmen’s Foundation. Encompassing approximately 16,000 acres in northeastern New Mexico, the Sabinoso Wilderness previously was fully surrounded by private land, making it inaccessible to the public. However, by adding the donated land approximately 3,500 acres formerly known as the Rimrock Rose Ranch the Sabinoso now connects with neighboring BLM-managed land, making it publicly accessible for the first time since its Congressional designation as a Wilderness Area in 2009. Now that the area is fully accessible, the BLM invites the public to experience the Sabinoso’s unique and wild beauty. However, please be aware that Sabinoso is a wilderness area, and along with that designation the following items are prohibited: motorized vehicles and equipment, aircraft (including drones), and mechanical transport including off-road vehicles and bicycles. For more information, please visit https://www.blm.gov/programs/national-conservationlands/new-mexico/sabinoso-wilderness or call acting BLM Taos Field Manager Brad Higdon at 575-758-1620. FEDERAL REGISTER LISTINGS: Sent to the Federal Register on November 10th. REG0007515 FWS Issuance of Import Permits for Zimbabwe Elephant Trophies Taken on or After January 21, 2016 and on or before December 31, 2018 -- This notice announces to the public that the Service has made a finding that the killing of African elephant trophy animals in Zimbabwe on or after 1/21/2016 and before or on 12/31/2018 meets the ESA criteria for authorizing imports. Notice 11/09/2017 REG0007605 NPS Request for Nominations: National Park System Advisory Board -The FR notice requests nominations for the appointment of three members to the National Park System Advisory Board. Notice 11/09/2017 Lori K. Mashburn White House Liaison :00322065 Department of the Interior