UNITED STATES SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES STATEMENT FOR COMPLETION BY PRESIDENTIAL NOMINEES 1. Name: David Longly Bernhardt 2. Position to which nominated: Deputy Secretary, United States Department of the Interior 3. Date of nomination: April 28, 2017 4. Place of birth: Atwood Kansas 5. Name of spouse: Gena Bernhardt 6. Spouse?s occupation: Attorney Spouse?s employer: U.S. Department of Justice 7. Education: Please list, in chronological order, from the earliest to the latest, each college, university, and graduate school you attended, when you attended, the degrees you received, and the date on which you received it. Name of institution Dates attended Degree received Date of degree The University of Northern Colorado, 8/87-12/90 Bachelor of Arts 12/90 The George Washington University, 08/91-05/94 Juris Doctor, with honors 05/94 8. Employment: Please list, in chronological order, from the earliest to the present, all positions held since college, including dates of employment, your title orjob description, the name of the employer, and the city and state in which you were employed. Dates Title Name of employer Location 12/90-8/91 Manager Dave's Furniture Mart, Greeley, CO Inc. 05/92-8/92 Law Clerk Stuver George, P.C. Rifle, CO 1/93-8/98 Held various legislative The Honorable Scott Washington, DC aide positions in the U.S House of same office: Legislative Representatives Assistant, Senior Legislative Assistant, Legislative Director, Counsel/Associate Staff House Rules Committee 8/98-3/01 Associate Brownstein, Hyatt and Washington, . Farber, P.C. D.C/Denver, CO 03/01-4/01 Special Assistant to the US. Department of the Washington, DC Secretary of the Interior Interior 04/01-07/04 Counselor to the U.S Department of the Washington, DC Secretary and Director Interior of Congressional and Legislative Affairs 07/04-11/05 Deputy Chief of Staff US Department of the Washington, DC and Counselor to the Interior Secretary of the Interior 11/05-09/06 Deputy Solicitor U.S. Department of the Washington, DC Interior 09/06~1/09 Solicitor US Department of the Washington, DC Interior 07/07-09/08 Acting Commissioner on International Boundary Washington, DC the part of the United Commission States, International Boundary Commission, U.S. and Canada 09/08-1/09 Commissioner on the International Boundary Washington, DC part of the United Commission States, International Boundary Commission, U5. and Canada 06/09-Present Shareholder Brownstein, Hyatt, Washington, DC Farber and Schreck, LLP 9. Military service: Please describe any military service not listed above, including dates, rank, and type of discharge. None. 10. Honors and awards: Please list any scholarships, fellowships, honorary degrees, military medals, honorary society memberships, and any other special recognition for outstanding service or achievement you have received. Selected by the University of Northern Colorado to give the farewell address at the University of Northern Colorado's commencement (12/1990). Recipient of the ?Departmental Scholar Award? from the Department of Political Science and the Department of the Business Management at the University of Northern Colorado (appx. 1989, 1990 respectively). 11. Publications: Please list the titles, publishers, and dates of any books, articles, or reports that you have written. ?Guiding Principles in Informational Privacy: The Rules Are Changing," The Colorado tamer, April 2000. "The U.S. Fish and Wildlife Senrice Wants to Hear From You, but Don't Count Your Credits Too Quickly," Irrigation Leader, April 2012. ?Outlining Key ESA Policy Developments in 2009, From a Former Insider?s Perspective," ALI-ABA Course Studz Species Protection: Critical Legal Issues, November 5-6, 2009. 12. Testimony: Please identify each instance in which you have testified before Congress in a non-governmental capacity. Subject of testimony Committee Date Endangered Species Senate Committee on Environment and Public Works May 6, 2015. Endangered Species House Committee on Natural Resources April 19, 2016. 13. Financial report: Please attach a copy of your Executive Branch Personnel Public Financial Disclosure Report (SF 278), and a statement from the appropriate agency ethics official explaining the applicable laws or regulations applicable to the position to which you have been nominated, any potential conflicts of interest, and any action required to resolve such conflicts. 14. Clients: At any time during the past 5 years, have you or any company or firm with which you have been affiliated, received a fee or payment of more than $5,000 from any source that is not listed on Schedule D, Part II of your SF 278, for services you performed for that source? If so, Please identify the source of the payments, the nature of the service you performed, and the period of time when you performed the service. 3 Based on the parameters described above, during the last ?ve years, in addition to those disclosed on the Form 278, I have performed legal services for the following entities through my firm. The period of time performed are based upon my best recollection and a review of records in my possession: Entity Nature of Service Period of Performance American Wind Energy Association Legal services 2013-2014 Archer Daniels Midland Company Legal services 2013 American West Potash LLC Legal services 2012-2014 Diamond Ventures Inc. Legal services 2010-2012 DU Real Estate Capital Partners Legal services 2012 Halliburton Energy Services Legal services 2011-2013 Kingman Farms Ventures, LLC Legal services 2014 State of Alaska Legal services 2014-2015 Samson Resources Company Legal services 2012-13 Alcatel-Lucent Submarine Networks Legal services 2013 Ur Energy USA, Inc. Legal services 2009-2012 ADDITIONAL QUESTIONS 15. Agreements or arrangements: Will you sever all connections with your present employer, business firm, association, or organization if you are con?rmed by the Senate? Yes. Has anyone made a commitment to you to employ or compensate you after you leave public service? No. 16. Term of service: If confirmed, are you willing and able to serve for your full term (if appointed for a fixed term) or until the end of the current Presidential Administration (if appointed for an indefinite term)? Yes. 17. Legal proceedings: (3) Are you currently a party to any legal action? No. Have you ever declared bankruptcy? No. 4 18. Taxes: Have you ever been investigated, arrested, or charged by any federal, state, or local law enforcement authority for the violation of any federal, state, or local law, regulation, or ordinance, other than a minor traffic offense? No. (cl) Have you ever been convicted (including a plea of guilty or no contest) of any criminal violation other than a minor traffic offense? No. Have you ever been disciplined or cited for a breach of ethics for unprofessional conduct by, or been the subject of a complaint to, any court, administrative agency, professional association, disciplinary committee, or other professional group? No, I am an active, admitted member of good standing of the bars for Colorado, District of Columbia, and Arizona courts. In addition, I am also admitted to the U.S. Federal Court of Claims, the U.S. Federal District Court in DC, the Ninth Circuit Court of Appeals, and the Fourth Circuit Court of Appeals. I have never had my license to practice law subject to a complaint nor been cited, or disciplined, for a breach of ethics for unprofessional conduct in any such jurisdiction. Have you and your spouse filed all federal, state, and local income tax returns? Yes. Have you or your spouse ever filed a late income tax return without a valid extension? We have always ?led our federal taxes on time. As previously disclosed to the Committee on my 2006 Committee questionnaire, in 2000, we incorrectly thought our Virginia state extension had been ?led by our accountant, along with the extensions he ?led in various other jurisdictions that year. We paid our taxes at the appropriate extension due date for each jurisdiction, including Virginia, and later we were informed of our error by the Commonwealth of Virginia. Upon noti?cation, we paid a $28.47 fee that included both a penalty and interest fee for this error. In addition, in 2016 it was brought to our attention by the State of Colorado that despite the fact that we had no taxable income in Colorado, we were required to file a 2012 Colorado state income tax return. After conferring with our accountant, we were informed that our accountant's software system had erroneously indicated that no ?ling was required because we did not have any income from Colorado and owed no Colorado tax. We immediately ?led the appropriate Colorado forms. 5 Have you or your spouse ever paid any tax penalties or been subject to a tax lien or other tax collection procedure? If so, please explain. We have never been subject to a tax lien or any other tax collection measure. As described in the response to 18(b), we have a penalty and interest of $28.47 in 2000. In addition, in 2015, 2016, and 2004, we paid an additional fee, or penalty, on Form 1040, Line 79 of $178, and $312 and Form 1040, Line 70, of $70 dollars respectively. We paid these fees at the time of ?ling. 19. Foreign ties: Have you or your spouse ever represented in any capacity employee, attorney, accountant, consultant, or business, media, or political adviser), with or without compensation, a foreign government or an entity controlled by a foreign government? No. During the past 10 years, have you or your spouse received any compensation from, or been involved in any financial or business transactions with, a foreign government or an entity controlled by a foreign government? No. Have you or your spouse ever registered under the Foreign Agent Registration Act? No. 20. Lobbying: Please describe any lobbying activity that you have performed during the past 10 years with respect to legislative or administrative actions at the Federal, State, or local level. I practice at a law ?rm with approximately 300 lawyers that provides a wide range of legal services to its clients. I chair the ?rm's natural resources department. The ?rm also has a large government affairs department. The primary focus of my practice is on legal matters including investigations, negotiations, counseling and litigation regarding existing or potential legal, administrative law procedures, processes and compliance. In addition, at various times I have registered to lobby under the Lobby Disclosure Act of 1995 for particular clients of the law firm. Given the size of the law ?rm, in many instances there are a team of lawyers and policy experts working on a particular client matter. As a result, the lobbying disclosure reports use one form to collectively describe a multitude of activities these various individuals engaged in individually. To the extent that I actually engaged in regulated lobbying activities for a particular client, my activities were focused on lobbying activities or lobbying contacts with covered of?cials within the Legislative Branch. Moreover, for some of the ?rm?s clients, such as Access Industries, was initially registered by the ?rm based upon the mere assumption that I might potentially engage in regulated lobbying activities or contact covered of?cials for the particular client when the client retained the ?rm, and those assumptions were never borne out. For that particular client, my ?rm has amended its disclosure forms to accurately depict the ?rm?s lobbying activity, which did not include my involvement, except for the initial expectation. Based on my review of available materials and my recollection, engaged in, or was anticipated to engage in, lobbying activities for the following clients at various times under the Lobbying Disclosure Act of 1995: Entity Alcatel-Lucent Submarine Networks Active Network LLC Access Industries Association of American Publishers Coastal Point Energy First Wind Energy Diamond Ventures Inc. Freeport LNG Expansion Cobalt International Energy Vail Resorts Management Company Strata Production Company Otay Water District Rosemont Copper Company Navajo Nation Samson Resources Company Westlands Water District General Issue Area Natural Resources Natural Resources Natural Resources] Energy Education] Budget Natural Resources Tax Natural Resources Energy Natural Resources/Energy Natural Resources Energy Natural Resources Natural Resources Natural Resources Natural Resources Natural Resources Period 2013 2015- June, 2016 2011 2009 2009-2010 2010 2010-2012 2010 2010-2013 2010-2011 2010 2011 2011-2014, 2015 quarter 4 2012 2012-2013 2011- November 2016 21. Appearances before Congress: If confirmed, will you be available to appear before this Committee and other Congressional committees to represent agency positions and respond to issues of concern to the Congress? Yes. 22. Conflicts of interest: Have your investments, personal holdings, and other interest been reviewed by yourself and the appropriate ethics counselors within the Federal 23. Recusal: Government to determine if any of your investments, personal holdings, or other interest could constitute a conflict of interest or create the appearance of such a conflict? Yes. Have you taken appropriate action to avoid any con?ict of interest or any appearance of a conflict of interest? Yes, as part of the nomination process, I have consulted with the Office of Government Ethics and the Department of the Interior? 5 Designated Agency Ethics Of?cial to identify potential con?icts of interest. Any potential conflict will be resolved in accordance with the terms of an ethics agreement that I have entered into with the Designated Agency Ethics Official for the Department of the Interior, should I be confirmed. This document has been provided to the Committee, and I am not aware of any other potential conflicts of interest. To the best of your knowledge, do any of your investments, personal holdings, or other interests preSent a conflict of interest or an appearance of a con?ict of interest? No, as part of the nomination process, I have consulted with the Office of Government Ethics and the Department of the Interior's Designated Agency Ethics Of?cial to identify potential conflicts of interest. Any potential con?ict will be resolved in accordance with the terms of an ethics agreement that I have entered into with the Designated Agency Ethics Official for the Department of the Interior, which commits me to, certain actions should I be con?rmed. This document has been provided to the Committee, and I am not aware of any other potential con?icts of interest related to personal holdings. The Committee on Energy and Natural Resources requires every Presidential nominee it considers to commit to adhere to the Recusal Policy adopted by the Committee on February 16, 2011 (a copy of which is attached to this Statement). If confirmed, will you adhere to the Committee?s recusal policy? Yes. AFFIDAVIT I, :quU 14 Long )3 being duly sworn, hereby state that I have read the foregoing Statement for Completion by Presidential Nominees, including all attachments thereto, and that the information provided therein is to be best of my knowledge and belief, current, accurate, and complete. I understand that the Statement and its attachments may be made public. (Signature of Nominee) Subscribed and sworn to before me this 8 day of 2013:?. lw?j/ Em) . . NOTAHYPUBU :7 ?Nam (Signature of Notary Public) - DistrictolCoiumbia: SS Wmihwm ?wt. - aw LRoiaammiym - February 16, 2011 United States Senate Committee on Energy and Natural Resources Recusal Policy Each nominee coming before the Committee on Energy and Natural Resources shall agree to: (1) Abide by the recusal requirements imposed by federal con?ict of interest laws and the Standards of Ethical Conduct for Employees of the Executive Branch; (2) Seek the advice of his or her designated agency ethics of?cer before proceeding whenever faced with a situation that may give rise to an actual or apparent con?ict of interest; and (3) Adhere to the principles of ethical conduct and avoid any actions creating the appearance of violating the Standards of Ethical Conduct for Employees of the Executive Branch. 10