The Senate Energy and Natural Resources Committee voted 17-5 today to send the nomination of David Hayes as Interior deputy secretary to the Senate floor, but Utah Republican Bob Bennett is vowing to hold up his confirmation there.

Bennett said he is unhappy with Hayes' responses to questions about Utah oil and gas leases that the Obama administration has canceled. Bennett joined Republicans John Barrasso of Wyoming, James Risch of Idaho, Jeff Sessions of Alabama and Jim Bunning of Kentucky in voting against Hayes.

Sen. Mary Landrieu (D-La.) voted in favor of the nomination today but said she might vote against it on the floor. Sen. John McCain (R-Ariz.), who had said he might oppose Hayes, changed course and voted for his nomination.

Bennett will attempt to block the nomination despite a plea by Interior Secretary Ken Salazar yesterday to approve nominees as quickly as possible. Bennett said answers he has been given so far as to why Salazar canceled the leases "simply don't cut it."

"I don't think I'm getting straight answers, and until I do, I cannot vote to move this nomination forward," Bennett said.

In response to one of Bennett's questions, Hayes said he was told that the Bureau of Land Management had not coordinated with the National Park Service on the Dec. 19, 2008, lease sale. But Bennett noted a Nov. 28, 2008, press release from Utah's BLM office citing "two days of extremely productive discussions" between agency officials.

"After two days of extremely productive discussions with the National Park Service about parcels proposed for the December 19, 2008, quarterly oil and gas lease sale, BLM Utah State Director Selma Sierra has agreed to defer all parcels of concern to the Park Service from the sale," the BLM release said.

Bennett said Hayes' answer that the agencies had not coordinated was "simply false." But he added that he received a letter from Hayes this morning clarifying that answer.

In the letter, Hayes explained that Park Service officials had informed him that BLM did not provide the Park Service with prior notice or coordination regarding the sale, which was the basis for Hayes' answer to the committee.

"After hearing of your concern regarding this statement, I followed up this morning with the acting Director of the National Park Service," Hayes wrote. "He informed me that after the announcement of sale, the Park Service and the BLM had discussions regarding the leases in question and that, as a result of those discussions, some proposed leases were withheld by the BLM from sale."

Hayes pledged that if confirmed he would personally engage in the review Salazar has promised to undertake with regard to the leases.

But Bennett said Hayes' letter "gives me no indication whatsoever that the review of the secretary will be in any way substantive."

"In the absence of that, I have no choice but to say that I will oppose his nomination until we get a more responsive reaction from the department and until I can be satisfied that review means review," Bennett said. "I'm afraid their present posture leads me to believe that by use of the word 'review' they're hoping that they can get this nomination through, get that matter taken care of, and then say, 'Well, sorry, Senator Bennett, but the secretary's decision is going to stand.'"

Bennett said he has "great faith" in Salazar and looks forward to sitting down with him and Hayes to discuss the matter.

Other senators react

Landrieu chimed in with support for Bennett. "There is a bipartisan group of us that are going to push very, very, very hard for expanding domestic production of oil and gas in America, onshore and off," she said.

While ranking member Lisa Murkowski (R-Alaska) said she, too, is troubled by the Utah issue and other concerns about Hayes, she said the lack of Interior nominations has created "critical absence of leadership below that Cabinet level." Salazar is the only Interior official confirmed by the Senate so far.

"We have some very important policy initiatives that we need to be advancing," Murkowski said. "We're working on a comprehensive energy bill. But when you don't have the folks from the administration to come and testify as to how this is going to be implemented, it's really tough to have a policy debate when there isn't anyone to argue with."

She added that she hopes there will be resolution to the problem before Hayes' nomination goes to the floor.

McCain also has had concerns about Hayes' nomination, including the nominee's work as a lobbyist and comments he made about former President Reagan (E&E Daily, March 13). Today, McCain said he still finds the remarks offensive and that Hayes is the 12th former lobbyist Obama has nominated, despite campaign pledges not to have lobbyists in his administration.

But McCain added that Hayes' answers to his additional questions show he followed the "letter of the law" and did not break revolving-door lobbying restrictions. The former presidential candidate also said he would respect the president's prerogative to staff his administration with those he thinks best qualified.

Wilderness Society President William Meadows urged senators to support Hayes' nomination.

"David's ability to bring together diverse groups to get things done, both during his years at Interior and while working in the private sector, is well recognized," Meadows said in a statement. "He has consistently demonstrated vision, experience, and a commitment to protecting our natural legacy for future generations."

Hayes served as Interior's deputy secretary from 1999 to 2001.