Dale Bumpers: “Let me answer the question this way, Senator. I did not hear a single soul complain when Donald Hodel established his…”

“Let me answer the question this way, Senator. I did not hear a single soul complain when Donald Hodel established his policy in 1988. It is only the Babbitt policy of 1997 that seems to be objectionable. There is no question, if you want to raise the question about the authority of the Secretary to issue a policy, if Secretary Hodel has the right to issue a policy, why does his successor, Bruce Babbitt, in 1997, not have the right to reverse that policy? Let me go ahead and say that the Senator quoted the Hodel policy correctly, but he did not go quite far enough. Here is what Donald Hodel's policy said about the requirements needed to prove what constitutes construction of a highway: "Construction is a physical act of readying the highway for use by the public according to the available or intended mode of transportation, foot, horse, vehicle, et cetera." Horse--that is right--vehicle, foot, those all constitute highways. His policy goes on to say, here are some examples of what constitutes construction of a highway: "removing high vegetation." Go out and cut the weeds, it becomes a highway. "Move a few large rocks out of the way," it becomes a highway, or "filling in low spots"--all of those may be sufficient to show construction for a particular use. Now, Senator, let me ask you a question, does that make any sense to you?”