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Press Release
Congressman George Miller (D-California, 7th District)
Committee on Education and Labor, Committee on Resources

Miller and Rahall Launch Inquiry into New Conflict of Interest at Interior Department
Senior lawmakers press Bush Administration on manipulation of science in a California endangered species decision

Monday, May 21, 2007

WASHINGTON, DC – Two senior House Democrats launched an inquiry today into reports that a Bush Administration political appointee may have improperly removed a California fish from a list of threatened species in order to protect her own financial interests.

According to an investigative report published Sunday by the Contra Costa Times, Julie MacDonald, who resigned this month as Interior Department Deputy Assistant Secretary for Fish, Wildlife and Parks, was actively involved in removing the Sacramento Splittail fish from the federal threatened and endangered species list at the same time that she was profiting from her ownership of an 80-acre farm in Dixon, CA that lies within the habitat area of the threatened fish.

MacDonald’s financial disclosure statement shows that she earns as much as $1 million per year from her ownership of the 80-acre active farm. Federal law bars federal employees from participating in decisions on matters in which they have a personal financial interest.

The Sacramento Splittail, a small fish found only in California’s Central Valley, depends on floodplain habitat and has been described by the Fish and Wildlife Service as facing “potential threats from habitat loss.”

Today, Rep. George Miller (D-CA) and Rep. Nick Rahall (D-WV), chairman of the Natural Resources Committee, wrote to Interior Secretary Kempthorne requesting a full accounting of MacDonald’s role in the Sacramento Splittail decision, an explanation of her apparent conflict of interest, and a thorough review of the science underlying the decision to remove the Sacramento Splittail from the threatened species list.  

“It looks like another Bush Administration official was protecting her own bottom line instead of protecting the public interest,” said Miller, a senior member and former chairman of the Natural Resources Committee and a long-time proponent of the Endangered Species Act and Bay-Delta fish and wildlife issues. “We are going to fully investigate this matter and determine whether public policy was improperly altered because of personal conflicts of interest.

“This news raises serious questions about the integrity of the Interior Department and its policy decisions,” Miller added. “The Sacramento-San Joaquin Delta has enough problems without political appointees at scientific agencies cooking the books. Who thought it was acceptable for a Deputy Assistant Secretary to change a major policy decision to exempt her own million-dollar enterprise from the Endangered Species Act even though federal law prohibits such conflicts?”

Rahall, who has served on the Natural Resources Committee since 1976 and became its chairman in January, called on the Department to fully explain what happened.

“Time and again, this Administration has demonstrated a complete disregard for scientists and their work,” Rahall said. “Political appointees at the Interior Department have been allowed to overrule biologists and to work more closely with special interests than with their own staff. The Interior Department must explain its deputy assistant secretary's actions in this very troubling case, which is apparently the latest in a long line of efforts to undercut species recovery.”

The letter from Miller and Rahall comes just two weeks after a May 9 Committee hearing at which Deputy Interior Secretary Lynn Scarlett was questioned about recent controversies in the implementation of the Endangered Species Act. Her prepared testimony did not mention a report by the Department’s Inspector General on an investigation into MacDonald, nor did her testimony indicate awareness of the serious consequences of MacDonald’s actions. In the course of the hearing, Scarlett affirmed that “where there is scientific manipulation, we want to correct that,” but no specifics were provided.

MacDonald resigned from the Interior Department just one week before Scarlett testified.

The Endangered Species Act established a policy of protecting and recovering species in decline and their habitats. Fish, wildlife, and plants listed as “endangered” are in danger of extinction and the federal government is required to take action to recover them. Species are listed as “threatened” if it is determined that they may soon become endangered. Other threatened species in the Bay-Delta region include the green sturgeon and the delta smelt.

The full text of the letter to The Hon. Dirk Kempthorne, Secretary of the Interior, is here.

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U.S. House of Representatives Seal
Congressman George Miller
2205 Rayburn House Office Building
Washington, DC 20515
(202) 225-2095
George.Miller@mail.house.gov