September 6, 2019 MEMORANDUM To: Scott de la Vega Director, Departmental Ethics Of?ce and Designated Agency Ethics Of?cial From: William Perry PendleyW Deputy Director, Policy and Programs, Bureau of Land ement, Exercising the Authority of the Director, Bureau of anagement Subject: Ethics Recusals Screening Arrangement 1 have consulted with the Departmental Ethics Of?ce (DEO) and have been advised about my ethics obligations while an appointee of the US. Department of the Interior (DOI). This memorandum formally noti?es you of my obligation to limit my personal and substantial participation in certain matters in which I have a ?nancial interest, or personal or business relationship pursuant to ethics laws, regulations, and Executive Order 13770 entitled, ?Ethics Commitments by Executive Branch Appointees" (Jan. 28, 2017) (Ethics Pledge). FINANCIAL CONFLICTS OF INTEREST As required by 18 U.S.C. 208(a), I will not participate personally and substantially in any particular matter in which I know that have a ?nancial interest directly and predictably affected by the matter, or in which I know that a person whose interests are imputed to me has a ?nancial interest directly and predictably affected by the matter, unless I ?rst obtain a written waiver, pursuant to 18 U.S.C. 208(b)(1), or qualify for a regulatory exemption, pursuant to 18 U.S.C. 208(b)(2). I understand that the interests of the following persons are imputed to me: any Spouse or minor child of mine; any general partner of a partnership in which I am a limited or general partner; any organization in which I serve as of?cer, director, trustee, general partner or employee; and any person or organization with which I am negotiating or have an arrangement concerning prospective employment. Additional guidance on whether an issue, action, or decision pending at the D01 is a particular matter is found in Attachment A to this memorandum. 1 have provided information to the DEC about my ?nancial interests and, based on the information provided, the DEC did not identify any con?icts above the de minimis thresholds set forth by law and regulation. Throughout my appointment, I will remain vigilant and notify the DEC immediately should my ?nancial interests change. IMPARTIALITY As required by 5 C.F.R. if I know that a particular matter involving speci?c parties is likely to have a direct and predictable effect on the ?nancial interest of a member of my household, or know that a person with whom I have a ?covered relationship"1 is or represents a party to such matter, and where I determine that the circumstances would cause a reasonable person with knowledge of the relevant facts to question my impartiality in the matter, I will not participate in the matter unless I have informed the BBQ of the appearance problem and received written authorization from the BBC to participate in the matter. Additional guidance on whether an issue, action, or decision pending at the D01 is a particular matter involving speci?c parties is found in Attachment A to this memorandum. I understand that have a ?covered relationship" with the Mountain States Legal Foundation, the clients of Mountain States Legal Foundation, the Pendley Law Firm, the Property Rights Foundation of America, the Washington Examiner, Regnery Publishing, and the nonpro?t organizations to whom my spouse provides legal services. Accordingly, I have been advised that I may not participate in any particular matter involving any of these parties unless I have informed the DEC and received written authorization from the DEC to participate in the matter. Consistent with this, I understand that I also may not participate in issues, decisions, and actions at the DOI related to matters in which legal representation is provided to a party by the Mountain States Legal Foundation, unless I have informed the BBQ and received written authorization from the BBC to participate in the matter. In determining whether circumstances, other than those speci?cally described in 5 C.F.R. would raise a question regarding my impartiality in performing my of?cial duties, I will consider the relevant facts about the particular matter in question and determine whether I believe that a reasonable person with knowledge of those facts would question my impartiality in performing my of?cial duties in the particular matter. If I personally determine that a reasonable person with knowledge of the relevant facts would not question my impartiality in performing my of?cial duties in the particular matter, then I understand that I may participate in the particular matter as part of my of?cial duties. Additional guidance on whether an issue, action, I Please note that, for purposes of 5 C.F.R. 2635.502, I understand that have a "covered relationship" with: A person, other than a prospective employer described in 5 C.F.R. with whom I have or seek a business, contractual or other ?nancial relationship that involves other than a routine consumer transaction; (2) A person who is a member of my household, or who is a relative with whom I have a close personal relationship; (3) A person for whom my spouse, parent or dependent child is. to my knowledge, serving or seeking to serve as an of?cer, director, trustee, general partner, agent, attorney, consultant, contractor, or employee; (4) Any person for whom I have, within the last year, served as of?cer, director, trustee, general partner, agent, attomey, consultant, contractor or employee; or (5) An organization, other than a political party described in 26 U.S.C. 527(e), in which I am an active particrpant. t-J or decision pending at the D01 is a particular matter is found in Attachment A to this memorandum. ETHICS GUIDANCE ON PENDLEY LAW FIRM REGNERY PUBLISHING As a DOI noncareer Senior Executive Service of?cial, I understand that I am considered a ?covered noncareer employee? as de?ned in 5 C.F.R. 2636.303(a) for purposes of the ethics regulations on outside earned income, employment and af?liations for certain noncareer employees. Accordingly, I have been informed that I am subject to a limitation on outside earned income and can receive no more than 15% of the annual rate of basic pay for Level II of the Executive Schedule in outside earned income per calendar year. (5 C.F.R. 2636.304.) Additionally, as a ?covered noncareer employee," I understand that I am also prohibited from receiving compensation for: ?[p]racticing a profession which involves a ?duciary relationship; or (ii) with or being employed to perform professional duties by a ?rm, partnership, association, corporation, or other entity which provides professional services involving a ?duciary relationship.? (5 C.F.R. I further understand that I am also prohibited from permitting my name ?to be used by any ?rm, partnership, association, corporation, or other entity which provides professional services involving a ?duciary relationship." (5 C.F.R. I was a partner with my spouse in the Pendley Law Firm from December 2018 to July 2019. I did not did not receive any compensation during this period from the Pendley Law Firm and did not represent any clients for the Pendley Law Firm during this period. The Pendley Law Firm is currently in an inactive status. In order to comply with the requirements of 5 C.F.R. 2636.305, while a DOI employee, I will not receive any compensation for providing legal services to the Pendley Law Firm and I will not allow my name to be used by the Pendley Law Firm. Additionally, I will not perform any services for this entity except that I will comply with any requirements involving legal ?lings, taxes, and fees that are necessary to maintain while it is in an inactive status. I currently have an agreement to receive royalties from Regnery Publishing for sales of my books: War on the West: Government Tyranny on America '3 Great Frontier; Warriors for the West: Fighting Btn'eaacrats, Radical Groups, And Liberal Judges on A mericais rontier; and Sagebrush Rebel: Reagan is Battle with Environmental Extremists and Why It Matters Today. I have been advised that copyright royalties, fees, and their functional equivalent, from the use or sale of copyright, patent and similar forms of intellectual property rights, when received from established users or purchasers of those rights, are excluded from the de?nition of ?outside earned income" in 5 C.F.R. Therefore, the limitation on outside earned income discussed above does not apply to any royalties that I receive from Regnery Publishing while an employee of the DOI for works that were published prior to my employment with the DOI. Additionally, I understand that, pursuant to 5 C.F.R. 2635.701-2635.705, I may not use my of?cial position, of?cial title, of?cial time, or any other of?cial resources to endorse or otherwise promote my books whether in or outside of the federal workplace. Additionally, I will consult with the DEC before 1 agree to engage in a promotion, book tours, outside speaking, or other activities related to the promotion of the books that I published prior to my appointment with the D01. Additionally, while I am a DOI employee, I will consult with the DEC before engaging in any editing, review, or other work on the books that I have already published. Finally, before 1 agree to or accept any compensation for writing a new book during my Government service, I will consult with DEO about any additional ethics considerations that may limit my ability to receive compensation for certain writing activities. OBLIGATIONS UNDER THE ETHICS PLEDGE As a Trump Administration political appointee, I signed the Ethics Pledge required under Executive Order 13770 on July 15, 2019, and I understand I will be bound by the requirements and restrictions therein in addition to the commitments that I have made in this memorandum. A copy of my signed Ethics Pledge is included as Attachment to this memorandum. First, pursuant to the requirements of paragraph 6 of the Ethics Pledge, I will not participate personally and substantially, for two years after July 15, 2019, (the date of my appointment) in any particular matter involving speci?c parties that is directly and substantially related to my former employers and former clients as de?ned by the Ethics Pledge, including Mountain States Legal Foundation, the non-governmental clients2 that 1 represented while employed at Mountain States Legal Foundation, and the Pendley Law Firm, unless I am ?rst granted a waiver under the Ethics Pledge. My former employers and former non-governmental clients are set forth in Attachment to this memorandum. I have been advised that, for purposes of the Ethics Pledge, the term ?particular matter involving speci?c parties" has the meaning set forth in 5 C.F.R. 2641 except that it 2 For purposes of paragraph 6 of the Ethics Pledge I have been advised by the DEC that certain of my former clients listed below qualify as an agency or entity of Federal, State, or local government, or Native American tribe: Caribou County, Idaho; Gar?eld County, Utah; Kane County, Utah; San Juan County, Utah: and Town of Taos, New Mexico. As such, it IS my understanding that these entities are excluded from the two-year requirement in paragraph 6 of the Ethics Pledge that I not participate personally and substantially in certain particular matters involving. speci?c parties. Executive Order 13770, Section 2(1) and the Of?ce of Government Ethics (OGE) Legal Advisory 00-09- 01 1 (Mar. 26, 2009), which applies to Lxccutive Order 13770 pursuant OGE Legal Advisory LA-I7-03 (Mar. 20, 2017). 3 A ?particular matter involving speci?c parties" will typically involve ?a . pee tic attic-cling the legal rights ot'thc parties or an isolatablc transaction or related set of transactions between Identi ch parties, such as a speci?c cont-act, grant, llL?L?t?lrL. product approval applic itlon, enforcement act-on, .tdiudication, or court case." 5 C.F.R. also includes any meeting or other communication relating to the performance of my of?cial duties, unless the communication applies to a particular matter of general applicability and participation in that the meeting or other event is open to all interested parties. OGE has advised the term ?open to all interested parties" means that the meeting should include a multiplicity of parties representing a diversity of viewpoints. If a former employer or a former client is present, then, generally speaking, at least four other parties should be present to ensure that a diversity of viewpoints is represented and not the same united perspective. OGE Legal Advisory DO-09-01 1 (Mar. 26, 2009). Finally, I have informed the BBQ that I was not a registered lobbyist for any entity; therefore, it is my understanding that the recusal requirements under paragraph 7 of the Ethics Pledge are not applicable to my work at the DOI. DEPARTMENTAL SUPPLEMENTAL ETHICS REGULATIONS 1 am aware that 30 U.S.C. 121 1(1) prohibits me from holding a direct or indirect ?nancial interest in any surface or underground coal mining operation if I perform any function or duty under Chapter 25 of Title 30 of the US. Code. Additionally, I am aware that my position is subject to the prohibitions against holding any ?nancial interest in federal lands or resources administered or controlled by the DOI extended to me by supplemental regulation 5 C.F.R. I am also aware that, absent a waiver under 5 C.F.R. 3501 . 103(e), I am prohibited by supplemental regulation 5 C.F.R. 3501.103(c) from acquiring or retaining any claim, permit, lease, small tract entries, or other rights granted by the Department in Federal lands. I do not currently hold any interests referenced in 5 C.F.R. 3501.103, and to the extent I or my spouse acquire these interests, I will notify the BBQ. 1 have been advised that, as set forth in 43 CFR 20.401, the of?cers, clerks, and employees in the BLM are prohibited by 43 U.S.C. 1 1 from directly or indirectly purchasing or becoming interested in the purchase of any of federal lands. For purposes of this requirement, it is my understanding that ?federal lands? means public lands or resources or an interest in lands or resources administered or controlled by the 001, including, but not limited to, all submerged lands lying seaward outside of the area of ?lands beneath navigable water" as de?ned in 43 U.S.C. 1301(a), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control. (43 C.F.R. I also ?thher understand that a ?direct interest in Federal lands? means any employee ownership or part ownership in Federal lands or any participation in the earnings therefrom, or the right to occupy or use the property or to take any bene?ts there from, based upon a contract, grant, lease, permit, easement, rental agreement, or application. (43 C.F.R. A ?direct interest in Federal lands? also includes the membership or outside employment in a business that has interests in Federal lands; and ownership of stock or other securities in corporations determined by the DOI to have an interest in Federal lands directly or through a subsidiary. Id. An ?indirect interest in Federal lands? means any ownership or part ownership of an interest in Federal lands by an employee in the name of another where the employee still reaps the bene?ts. (43 C.F.R. 5 Indirect interest in Federal lands also includes holdings in land, mineral rights, grazing rights or livestock, which, in any manner, are connected with or involve the substantial use of the resources or facilities of the Federal lands; or substantial holdings of a spouse or minor child. I do not currently have a direct or indirect interest in federal lands as de?ned in 43 CFR 20.40l. I will notify the BBQ ifl discover or acquire any such interests. SCREENING ARRANGEMENT In order to help ensure that I do not participate in matters relating to any of the entities discussed in this memorandum and listed on Attachment C, have taken the following steps: In coordination with the DEC, a screening process has been established to assist in screening all 00] matters directed to my attention or that require my participation in order to determine whether they involve any of the recusals discussed in this memorandum or the entities and matters listed on Attachment C. Additional guidance on recusal analysis is found in Attachment A to this memorandum. All inquiries or comments involving the limitations on my personal and substantial participation in particular matters discussed in this memorandum or the entities and matters listed on Attachment should be directed to my screener, Matthew Dermody, without my knowledge or involvement until after my recusal period ends on July 15, 2021. My screener will take action or re-assign inquiries, comments, or matters without my involvement or knowledge of the particulars of the inquiry, comment, or matter. I will continue to personally take my calls and screen my e-mail. If a particular matter involving any of the recusals discussed in this memorandum or any of the entities or matters listed on Attachment is directed to my attention, I will not take any action, but immediately forward the matter to my screener for action or assignment, without my further involvement or knowledge of the particulars of the matter. I will provide my screener with a copy of this memorandum and my most recent OGE Form 2786, so that lie/she may fully understand the purpose and scope of my ethical obligations. It is my understanding that my screener will seek the advice of the DEC if he/she is ever uncertain whether or not I may participate in a particular matter. As appropriate, I will also provide my principal subordinates with a copy of this memorandum, and will further instruct my principal subordinates that all inquiries and comments involving my recusal obligations should be directed to my screener without my involvement or knowledge of the particulars of the matter. I understand that as my screener and other staff work diligently to screen, review, and decline meeting requests and other communications from a former employer or client, I must disqualify myself from participation in party matters where a former employer or client is a party or represents a party to that party matter. I understand that the identi?cation of party matters pending at BLM, speci?cally, and generally, in which my former employer and/or clients are parties or represent parties, will likely take time and effort on the part of my screener, BLM staff, Of?ce of the Solicitor staff assigned to BLM matters, and the DEO. Additionally, I understand that there may be times when there will be a delay in reviewing and potentially clearing my participation in party matters and meetings and other communications as a result of screening for ethics compliance. ?thher understand that while efforts will be made to minimize any such delays, these delays may impact my ability to participate in party matters and meetings and other communications. UPDATE AS NECESSARY In consultation with the DEO, according to applicable rules and regulations, I will revise and update this memorandum whenever warranted by changed circumstances, including changes to my ?nancial interests, changes in my personal or business relationships, or any changes to the nature of my DOI duties. In the event of any changes to my screening arrangement, I will provide a copy of the revised memorandum to my screener, my principal subordinates, and the DEO. Finally, I understand that ethics advice must come from the DEO, as only a designated ethics of?cial can make ethics determinations upon which Department employees may authoritatively rely. I understand that the Rules of Professional Responsibility are beyond the scope of the review, so I will review applicable Rules of Professional Responsibility rules to ensure that I am in compliance with any applicable requirements during my appointment at DOI. In particular, I will take all steps needed, including ensuring that 1 am removed as counsel of record, to comply with the requirements of 18 U.S.C. 203, which prohibits an employee from receiving, agreeing to receive, or soliciting compensation for representational services, rendered either personally or by another, before any court or Federal agency or other speci?ed Federal entity, in connection with any particular matter in which the United States is a party or has a direct and substantial interest, and 18 U.S.C. 205, which prohibits federal employees from personally representing anyone before any court or Federal agency or other speci?ed Federal entity, in connection with any particular matter in which the United States is a party or has a direct and substantial interest. Attachment A Guidance for Recusal Analysis Attachment Ethics Pledge, signed July 15, 2019 Attachment Interim List of Recusals and Quick Reference Chart CC: Secretary Deputy Chief of Staff, Exercising the Authority of the Deputy Secretary Chief of Staff Principal Deputy Solicitor, Exercising the Authority of Solicitor Casey Hammond, Principal Deputy Assistant Secretary of Land and Minerals Management, Exercising the Authority of the Assistant Secretary, Land and Minerals Matthew Dermody, Adviser Attachment A - Guidance for Recusal Analysis Pursuant to the requirements of 5 C.F.R. § 2635.502 and the Ethics Pledge, you may not participate personally and substantially, for two years after July 15, 2019 (the date of your appointment) in any particular matter involving specific parties that is directly and substantially related to the Mountain States Legal Foundation and/or the non-governmental clients that you represented while employed at the Mountain States Legal Foundation, as defined by the Ethics Pledge, unless your first granted a waiver under the Ethics Pledge. This includes recusal from any meeting or other communication with such a former employer or client unless (1) there are five or more different stakeholders present and (2) no particular matters involving specific parties are discussed. If a former employer or a former client is present, generally speaking, at least four other parties should be present to ensure that a diversity of viewpoints is represented and not the same united perspective. To assist you in complying with and the requirements of the ethics regulations and the Ethics Pledge, sufficient information needs to be secured before you participate in a matter to determine whether it meets the criteria described above. Your complete recusals are listed on Attachment C to this memorandum. To determine whether you may participate in a given matter, you must first determine whether that “matter” is a broad policy directed to the interests of a large and diverse group of persons or one of the two types of “particular matters” -- a “particular matter of general applicability” or a “particular matter involving specific parties.” In the context of the ethics rules, the unmodified term “matter” refers to virtually all Government work. It includes the consideration of broad policy options that are directed to the interests of a large and diverse group of persons. For instance, health and safety regulations applicable to all employers or a legislative proposal for tax reform. It also includes more narrowly defined “particular matters.” The term “particular matter” means only matters that involve deliberation, decision, or action that is focused on the interests of (1) specific persons or (2) a discrete and identifiable class of persons. These two types of particular matters are defined separately as “particular matters involving specific parties” and “particular matters of general applicability.” (See diagram on page 3 of this Attachment.) A “particular matter involving specific parties” typically involves a specific proceeding affecting the legal rights of the parties, or an isolatable transaction or related set of transactions between identified parties. Examples include contracts, grants, licenses, investigations, litigation, and partnership agreements. This is the narrowest type of matter. A “particular matter of general applicability” does not involve specific parties but at least focuses on the interests of a discrete and identifiable class, such as a particular industry or profession. Examples include rulemaking, legislation, or policy-making of general applicability that affect a particular industry or profession. For instance, a regulation prescribing safety standards for ****Please note that the examples provided above should be considered illustrative only. Please seek advice from the Departmental Ethics Office for an ethics determination on specific facts, issues, actions and decisions. operators of oil rigs in the Gulf of Mexico or a regulation applicable to all those who have grazing permits on DOI public lands. On the other hand, a land use plan covering a large geographic area and affecting a number of industries (e.g., agriculture; grazing; mining; timber; recreation; wind, solar, and/or geothermal power generation; etc.) would not constitute a “particular matter of general applicability” but, rather, would still fall within the broader definition of “matter,” as it constitutes a broad policy directed to the interests of a large and diverse group of persons. To assist you in complying with his ethics requirements, you and/or your screener must gather sufficient information regarding a matter before the DOI to determine whether the matter constitutes a particular matter involving specific parties or a particular matter of general applicability, or falls into the category of broad policy options that are directed to the interests of a large and diverse group of persons. Please do not hesitate to contact the DEO with any questions about your recusal obligations discussed above or for further ethics guidance. ****Please note that the examples provided above should be considered illustrative only. Please seek advice from the Departmental Ethics Office for an ethics determination on specific facts, issues, actions and decisions. Matters – Three Types Particular Matters Broad Policy Options Directed to the Interests of a Large and Diverse Group Particular Matters of General Applicability -Focused on a Discrete and Identifiable Class of Persons Particular Matters Involving Specific Parties - Contract - Litigation - Land Use Plan for large geographic area – many affected industries - Monument Designation without reservation or relinquishment - Oil Rig Safety Regulation - Policy Focusing on Interests of Federally Acknowledged Tribes - Permit - Lease - Application - Enforcement Action - Partnership Agreement ****Please note that the examples provided above should be considered illustrative only. Please seek advice from the Departmental Ethics Office for an ethics determination on specific facts, issues, actions and decisions. Attachment Ethics Pledge, dated July 15, 2019 ETHrcs Pr-nocn As a condition, and in consideration, ofmy employment in the United States Government in an appointee position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law: 1. I will not, within 5 years after the temination of my employment as an appointee in any executive agency in which I am appointed to serve, engage in lobbying activities with respect to that agency. departure from the Govemment, I am covered by the post-employment restrictions on communicating with employees ofmy former executive agency set fotth in section 207(c) oftitle 18, United States Code, I agree that I will abide by those restrictions. 2. If, upon my 1 and 2, I also agree, upon leaving with respect to any covered executive branch activities in lobbying Govemment service, not to engage the remainder ofthe Administration. for official or non-career Senior Executive Service appointee 3. In addition to abiding by the limitations ofparagraphs not, at any time after the termination of my employment in the United States Govemment, engage in any activity on behalfofany foreign government or foreign political party which, were it ,ri"irk", on January 20, 201 7, would require me to register under the Foreign Agents Registration Act 4. I will of 1938, as amended. 5. I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my seruice as an appointee. 6. Iwill not for a period of2 years from the date ofmy appointment participate in anY Particrlar matter involving specific parties that is directly and substantially related to my former employer or former clients, including regulations and contracts. the 2 years befole the date ofmy appointmenl, in addition to my_ abiding by the ilmitations ofparagraph 6, I will not for a period of2 years after the date of participate in any paiticular matter on which I lobbied within the 2 years before the date 7. If I was a registered tobbyist within appoiniment my appointment or participate in the specific issue area in which that particular matter falls. 8. I agree that any hiring or other emplo)'ment decisions I make will of be based on the candidate's qualifications, competence, and experience. that the Executive order entitted "Ethics commitments by Executive Branch this Appointees,,' isiued by the President on January 28,2017, which I have read before signing for methods document, defines ceftain tems applicable to the foregoing obligations and sets forth the agreement enforcing them. I expressly accepithe provisions ofthat Executive Order as a part ofthis statutory or to any in addition pledge are ofthis and as binding on -.. I rnd".rtund that the obligations service' other legal reitrictions applicable to me by virtue of Govemment g. I acknowledge ,/ 4 rXq, l< Date Signature a\ Print or type your full name first. middle ,20 tq Attachment C – List of Recusals and Quick Reference Chart Based on information provided by Deputy Director Pendley, this attachment lists his former clients, former employers, financial interests, and other recusals. The inclusion of an individual or entity on this list does not necessarily mean that a determination has been made that Mr. Pendley is excluded from participating in all issues, actions, and decisions related to the individual or entity at the DOI. Rather, the placement of an individual or entity on this list indicates that the screening protocol described in the accompanying memorandum must be followed, and, if necessary, additional advice from the Departmental Ethics Office (DEO) should be sought. Entity/Particular Matter Sirius XM (stock) Within 2 years of appointment Regnery Publishing Mountain States Legal Foundation 1 Do not participate personally and substantially in particular matter(s) involving specific parties that are At all Times Authorities Do not participate in any particular matter that has a direct and predictable effect on the financial interests of SiriusXM. 18 U.S.C. § 208 Do not participate personally and substantially in any particular matter involving specific parties in which Regnery Publishing is a party or represents a party. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. 1 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Comments Participation only permitted if a written waiver, pursuant to 18 U.S.C. § 208(b)(1) is issued, or the asset qualifies for a regulatory exemption, pursuant to 18 U.S.C. § 208(b)(2). Participation only permitted if a written authorization, pursuant to 5 C.F.R. § 2635.502(d), is issued. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); In considering appearances, the Deputy Director will consider the relevant facts about the particular matter in question and determine whether he believes that a reasonable person with knowledge of those facts would question his impartiality in performing his official duties in the particular matter. If the Deputy Director has questions, he will consult as needed and appropriate with the DEO for further guidance and assistance. If the Deputy Director personally determines that a Entity/Particular Matter Within 2 years of appointment At all Times directly and substantially related to Mountain States Legal Foundation. American Exploration & Mining Association Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to American Exploration & Mining Association. Caribou County, Idaho For ONE (1) Year - Do not participate personally and substantially in any particular matter(s) involving specific parties that are directly and substantially related to Caribou County, ID. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Solenex, LLC Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Solenex, LLC. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Authorities Comments 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 reasonable person with knowledge of the relevant facts would not question his impartiality in performing his official duties in the particular matter, then the Deputy Director may participate in the particular matter as part of his official duties. Additional guidance on whether an issue, action, or decision pending at the DOI is a particular matter is found in Attachment A to this memorandum. 2 Entity/Particular Matter Within 2 years of appointment At all Times United States Air Tour Do not participate Association personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to United States Air Tour Association. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Air Star Helicopters, Inc. Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Air Star Helicopters, Inc. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Grand Canyon Airlines, Inc. Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Grand Canyon Airlines. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Air Vegas Airlines Do not participate personally and substantially in particular matter(s) involving Consider appearances before personal and substantial participation in particular 3 Authorities C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 Comments Entity/Particular Matter Within 2 years of appointment At all Times Authorities specific parties that are directly and substantially related to Grand Canyon Airlines. matter(s) and seek DEO advice, as needed and appropriate. Kenair Air Hawaii Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Grand Canyon Airlines. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Las Vegas Helicopter Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Grand Canyon Airlines. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Maverick Helicopters Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Maverick Helicopters. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) 4 Comments Entity/Particular Matter Papillion Grand Canyon Helicopters Scenic Airlines, Inc. Wyoming Stock Growers Association Petroleum Association of Wyoming Within 2 years of appointment At all Times Authorities Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Papillion Grand Canyon Helicopters. Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Scenic Airlines, Inc. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to the Wyoming Stock Growers Association. Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. 5 Comments Entity/Particular Matter Within 2 years of appointment At all Times related to the Petroleum Association of Wyoming. WillSource Enterprise, Do not participate LLC. personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to WillSource Enterprise, LLC. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Garfield County, Utah For ONE (1) Year - Do not participate personally and substantially in any particular matter(s) involving specific parties that are directly and substantially related to Garfield County, UT. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Kane County, Utah For ONE (1) Year - Do not participate personally and substantially in any particular matter(s) involving specific parties that are directly and substantially related to Kane County, UT. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. 6 Authorities 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Comments Entity/Particular Matter Within 2 years of appointment At all Times Authorities San Juan County, Utah For ONE (1) Year - Do not participate personally and substantially in any particular matter(s) involving specific parties that are directly and substantially related to San Juan County, UT. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Boulder Rifle Club, Inc. Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to the Boulder Rifle Club, Inc. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. General Commerce, LLC. d/b/a Bison Tactical Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to General Commerce, LLC or Bison Tactical Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); Colorado Mining Association Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. 7 Comments Entity/Particular Matter Within 2 years of appointment At all Times related to the Colorado Mining Association. Colorado Union of Taxpayers Foundation Rothe Development, Inc. Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to the Colorado Union of Taxpayers Foundation. Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Rothe Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Development, Inc. Anesi Mining Ventures, LLC Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Anesi Mining Ventures, LLC. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. 8 Authorities 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Comments Entity/Particular Matter Within 2 years of appointment At all Times Authorities Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to the National Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. TABOR Foundation Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to the TABOR Foundation. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Wyoming Farm Bureau Federation Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to the Wyoming Farm Bureau Federation. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Wyoming Wool Growers Association Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); National Mining Association Mining Association. 9 Comments Entity/Particular Matter Within 2 years of appointment At all Times related to the Wyoming Wool Growers Association. Montana Farm Bureau Federation Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to the Montana Farm Bureau Federation. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Idaho Farm Bureau Federation Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to the Idaho Farm Bureau Federation. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Utah Farm Bureau Federation Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to the Utah Farm Bureau Federation. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. 10 Authorities 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Comments Entity/Particular Matter Within 2 years of appointment At all Times Authorities Colorado Farm Bureau Federation Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to the Colorado Farm Bureau Federation. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. South Dakota Cattlemen’s Association Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to the South Dakota Cattlemen’s Association. For ONE (1) Year - Do not participate personally and substantially in any particular matter(s) involving specific parties that are directly and substantially related to the Town of Taos, NM. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); Town of Taos, New Mexico W&M Thoman Ranches, LLC Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. 11 Comments Entity/Particular Matter Within 2 years of appointment At all Times related to W&M Thoman Ranches, LLC. Washington Examiner Property Rights Foundation of America Pendley Law Group For ONE (1) Year - Do not participate personally and substantially in any particular matter(s) involving specific parties that are directly and substantially related to the Washington Examiner. UNTIL OCTOBER 20, 2019 - Do not participate personally and substantially in any particular matter(s) involving specific parties that are directly and substantially related to the Property Rights Foundation of America. Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to the Pendley Law Group Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Authorities 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to the Pendley Law Group. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) 12 Comments Entity/Particular Matter Within 2 years of appointment At all Times Authorities Matthew, Michele, and Aaron Hull Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Matthew, Michele, and Aaron Hull Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Michael Whited Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Michael Whited Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Andrew Brigida Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Andrew Brigida Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Professor James W. Ely, Jr. Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 13 Comments Entity/Particular Matter Within 2 years of appointment At all Times related to Professor James W. Ely, Jr. Jon Caldara Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Jon Caldara Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Tyler Faye Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Tyler Faye Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Mark Ringer Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Mark Ringer Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. 14 Authorities 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Comments Entity/Particular Matter Within 2 years of appointment At all Times Authorities David and Pamela Herr Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to David and Pamela Herr Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Marvin M. Brandt Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Marvin M. Brandt Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Matthew Mcllroy Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Matthew Mcllroy Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Elizabeth Nesbitt (nee Morris) Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 15 Comments Entity/Particular Matter Within 2 years of appointment At all Times related to Elizabeth Nesbitt (nee Morris) Alan C. Baker Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Alan C. Baker Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Frank J. Anesi Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Frank J. Anesi Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Charles C. Price Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Charles C. Price Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. 16 Authorities 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Comments Entity/Particular Matter Within 2 years of appointment At all Times Authorities James S. Rankin Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to James S. Ranking Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Rebecca R. Sopkin Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Rebecca R. Sopkin Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. § 2635.502; 5 C.F.R. § 2635.101(b)(14) 17 Comments United States Department of the Interior OFFICE OF THE SOLICITOR Washington, DC. 20240 August 9, 2019 MEMORANDUM To: William Perry Pendley Deputy Director, Policy and Programs, Bureau of Land Management, Exercising the Authority of the Director, Bureau of Land Management From: Scott de la Vega {944% 1a] Director, Departmental Ethics Of?ce and Designated Agency Ethics Of? Subject: Updated Interim Ethics Guidance on Recusal Obligations This memorandum provides guidance from the Departmental Ethics Of?ce (DEO) about your ethics obligations while you are an appointee of the US. Department of the Interior (DOI). This memorandum sets forth your continuing obligation to recuse from participating personally and substantially in certain matters in which you have a ?nancial interest, or personal or business relationship pursuant to ethics laws, regulations, and Executive Order 13770 entitled, ?Ethics Commitments by Executive Branch Appointees? (Jan. 28, 2017) (Ethics Pledge). FINANCIAL CONFLICTS OF INTEREST As required by 18 U.S.C. 208(a), you may not participate personally and substantially in any particular matter in which you know that you have a ?nancial interest directly and predictably affected by the matter, or in which you know that a person whose interests are imputed to you has a ?nancial interest directly and predictably affected by the matter, unless you ?rst obtain a written waiver, pursuant to 18 U.S.C. 208(b)(1), or qualify for a regulatory exemption, pursuant to 18 U.S.C. 208(b)(2). The interests of the following persons are imputed to you: any spouse or minor child of yours; any general partner of a partnership in which you are a limited or general partner; any organization in which you serve as of?cer, director, trustee, general partner or employee; and any person or organization with which you are negotiating or have an arrangement concerning prospective employment. Additional guidance on whether an issue, action, or decision pending at the D01 is a particular matter is found in Attachment A to this memorandum. Based on information you provided via email and in telephone interviews with DEO staff, you have con?rmed for the DEC that you and your spouse do not have personal or imputed ?nancial interests that would disqualify you from exercising the authority of the Deputy Director, Policy and Programs, Bureau of Land Management (BLM). Speci?cally, you have informed the DEC that: 1. You and your spouse do not occupy or use Federal lands (other than on the same terms as use of Federal lands is available to the general public), and you do not take any bene?ts from Federal lands, based upon a contract, grant, lease, permit, easement, rental, agreement, mineral rights, grazing rights, or other holdings DOI issues or regulates. 2. You and your spouse do not hold any direct or indirect ?nancial interest in Federal lands or resources administered or controlled by the Department. 3. You and your spouse do not have any other personal or imputed ?nancial interests that would require his disquali?cation from matters pending before BLM. We note that you became a D01 employee on July 15, 2019, and have not yet submitted a New Entrant Public Financial Disclosure Report (OGE Form 278e). By regulation you have 30 days from the date of your appointment to submit this report and you may request extensions as necessary and appropriate. Generally, the DEC makes con?ict of interests and recusal determinations based on information reported on signed disclosure reports as the indicia of reliability is greater because ?lers are subject to criminal prosecution for false statements or representations. Therefore, please note that the ethics guidance contained in this memorandum remains subject to revision should additional facts be provided, and the guidance contained herein is based on your oral and written representation to the DEC. Throughout you appointment, you must remain vigilant and notify the DEO immediately should your direct or imputed ?nancial interests change. IMPARTIALITY As required by 5 C.F.R. if you know that a particular matter involving speci?c parties is likely to have a direct and predictable effect on the ?nancial interest of a member of your household, or know that a person with whom you have a ?covered relationship?l Please note that for purposes of 5 C.F.R. 2635.502 you have a ?covered relationship? with: A person, other than a prospective employer described in 5 C.F.R. with whom you have or seek a business, contractual or other ?nancial relationship that involves other than a routine consumer transaction; (2) A person who is a member of your household, or who is a relative with whom you have a close personal relationship; (3) A person for whom your spouse, parent or dependent child is, to your knowledge, serving or seeking to serve as an officer, director, trustee, general partner, agent, attorney, consultant, contractor or employee; (4) Any person for whom you have, within the last year, served as of?cer, director, trustee, general partner, agent, attorney, consultant, 2 is or represents a party to such matter, and where you determine that the circumstances would cause a reasonable person with knowledge of the relevant facts to question your impartiality in the matter, you may not participate in the matter unless you have informed the DEO of the appearance problem and received written authorization from the DEO to participate in the matter. Additional guidance on whether an issue, action, or decision pending at the D01 is a particular matter involving speci?c parties is found in Attachment A to this memorandum. You have a ?covered relationship? with the Mountain States Legal Foundation, the clients of Mountain States Legal Foundation, the Pendley Law Firm, the Property Rights Foundation, the Washington Examiner, Regnery Publishing, and the non-pro?t organizations with whom your Spouse provides legal services. Accordingly, you may not participate in any particular matters involving any of these parties unless you have informed the DEC and received written authorization from the DEO to participate in the matter. Consistent with this, you also may not participate in issues, decisions, and actions at the DOI related to legal representation provided by the Mountain States Legal Foundation, unless you have informed the DEO and received written authorization from the DEO to participate in the matter. In determining whether circumstances other than those speci?cally described in 5 C.F.R. 2635.502(a) would raise a question regarding your impartiality in performing your of?cial duties, you must consider the relevant facts about the particular matter in question and determine whether you believe that a reasonable person with knowledge of those facts would question your impartiality in performing your of?cial duties in the particular matter. If you personally determine that a reasonable person with knowledge of the relevant facts would not question your impartiality in performing your of?cial duties in the particular matter, then you may participate in the particular matter as part of your of?cial duties. Additional guidance on whether an issue, action, or decision pending at the D01 is a particular matter is found in Attachment A to this memorandum. As appearance issues can be complex, please consult as needed and appropriate with the DEO for ?irther ethics guidance and assistance. In addition to the requirements discussed above related to 5 C.F.R. 2635.502, as set forth in the Fourteen General Principals of Ethical Conduct, you must take steps to avoid any action that creates the appearance that you are violating the law or the ethical standards set forth in 5 C.F.R. Part 2635. 5 C.F.R. In considering whether a particular set of circumstances will create an appearance that the law or the ethical standards have been violated, you will need to assess the circumstances from the perspective of a reasonable person with knowledge of the relevant facts. Appearance issues can be complex, please consult as needed and appropriate with the DEO for ?irther ethics guidance and assistance. ETHICS GUIDANCE ON PENDLEY LAW GROUP REGNERY PUBLISHING As a DOI non-career Senior Executive Service of?cial, you are considered a ?covered contractor or employee; or (5) An organization, other than a political party described in 26 U.S.C. 527(e), in which you are an active participant. noncareer employee? as de?ned in 5 C.F.R. 2636.303(a) for purposes of the ethics regulations on outside earned income, employment and af?liations for certain noncareer employees. Accordingly, you are subject to a limitation on outside earned income and can receive no more than 15% of the annual rate of basic pay for Level II of the Executive Schedule in outside earned income per calendar year. 5 C.F.R. 2636.304. Additionally, as a ?covered noncareer employee? you are also prohibited from receiving compensation for: practicing a profession which involves a ?duciary relationship; or (ii) af?liating with or being employed to perform professional duties by a ?rm, partnership, association, corporation, or other entity which provides professional services involving a ?duciary relationship. 5 C.F.R. You also are prohibited from permitting your name to be used by any ?rm, partnership, association, corporation, or other entity which provides professional services involving a ?duciary relationship. 5 C.F.R. Based on information provided on your draft New Entrant Public Financial Disclosure Report (OGE Form 278e), you were a partner with your spouse in the Pendley Law Firm from December 2018 to July 2019. Based on information that you provided, it is the understanding of the DEC that you did not did not receive any compensation during this period and did not have any clients during this period. In order to comply with the requirements of 5 C.F.R. 2636.305, while a DOI employee, you may not receive any compensation for providing legal services to the Pendley Law Group and you may not allow your name to be used by the Pendley Law Group. The DEO is available to discuss how best to achieve compliance with the requirement of 5 C.F.R. 2636.305 with respect to the Pendley Law Group. Based on information provided on your draft New Entrant Public Financial Disclosure Report (OGE Form 278e) it is the understanding that you currently have an agreement to receive royalties from Regnery Publishing for sales of your books, Warriors for the West: Fighting Bureaucrats, Radical Groups, And Liberal Judges on America ?s Frontier and Sagebrush Rebel: Reagan's Battle with Environmental Extremists and Why It Matters Today. Please be advised that copyright royalties, fees, and their functional equivalent, from the use or sale of copyright, patent and similar forms of intellectual property rights, when received from established users or purchasers of those rights, are excluded from the de?nition of ?outside earned income? in 5 C.F.R. Therefore, the limitation on outside earned income discussed above does not apply to any royalties that you may receive from Regnery Publishing for works that have previously been published while you are a DOI employee. Please be advised that pursuant to 5 C.F.R. 2635.701-2635.705 you may not use your of?cial position, of?cial title, of?cial time, or any other of?cial resources to endorse or otherwise promote your books whether in or outside of the federal workplace. Additionally, please consult the DEC before you agree to engage in a promotion, book tours, outside speaking, or other activities related to the promotion of the books that you published prior to your appointment with the DOI. Additionally, while you are a DOI employee, the DEC recommends that before you engage in any editing, review or other work on the books that you have already published that you also consult with the DEC. Finally, before you agree to or accept any 4 compensation for writing a new book during your Government service that you consult ?lrther about additional ethics considerations that may limit your ability to receive compensation for certain writing activities. The DEO is also available to provide additional guidance on outside writing and books deals if helpful. OBLIGATIONS UNDER THE ETHICS PLEDGE As a Trump Administration political appointee, you signed the Ethics Pledge required under Executive Order 13770 on July 15, 2019 and are bound by the requirements and restrictions contained therein. First, pursuant to the requirements of paragraph 6 of the Ethics Pledge, you may not participate personally and substantially, for two years after July 15, 2019 (the date of your appointment) in any particular matter involving speci?c parties that is directly and substantially related to your former employers and former clients as de?ned by the Ethics Pledge, including Mountain States Legal Foundation, the non-govemmental clients2 that you represented while employed at Mountain states Legal Foundation, and the Pendley Law Firm, unless you are ?rst granted a waiver under the Ethics Pledge. An interim listing of your former employers and former clients for purposes of the Ethics Pledge is included in attachment to this memorandum and is subject to change pending additional discussion and review. Please note that, for purposes of the Ethics Pledge, the term ?particular matter involving Speci?c parties? has the meaning set forth in 5 C.F.R. 2641 except that it also includes any meeting or other communication relating to the performance of your of?cial duties, unless the communication applies to a particular mater of general applicability and participation in the meeting or other event is open to all interested parties. OGE has advised the term ?open to all interested parties? means that the meeting should include a multiplicity of parties representing a diversity of viewpoints. If a former employer or a former client is present, then, generally speaking, at least four other parties should be present to ensure that a diversity of viewpoints is represented and not the same united perspective. OGE Legal Advisory DO-09-011 (Mar. 26, 2009) 2 Please note that for purposes of paragraph 6 of the Ethics Pledge, an agency or entity of Federal, State, or local government, or Native American tribe is excluded from the two-year requirement in paragraph 6 of the Ethics Pledge that you not participate personally and substantially in certain particular matters involving speci?c parties. Executive Order 13770, Section 2(i) and the Of?ce of Government Ethics (OGE) Legal Advisory DO-09-011 (Mar. 26, 2009), which applies to Executive Order 13770 pursuant OGE Legal Advisory 7-03 (Mar. 20, 2017). 3 A ?particular matter involving speci?c parties? will typically involve ?a speci?c proceeding affecting the legal rights of the parties or an isolatable transaction or related set of transactions between identi?ed parties, such as a specific contract. grant, license, product approval application, enforcement action, administrative adjudication, or court case." 5 C.F.R. Finally, since you have informed the DEC that you were not a registered lobbyist for any entity, the recusal requirements under paragraph 7 of the Ethics Pledge are not applicable to your work at the DOI. DEPARTMENTAL SUPPLEMENTAL REGULATIONS Pursuant to 30 U.S.C. 1211(f) you are prohibited from holding a ?nancial interest in any surface or underground coal mining operation if you perform any function or duty under Chapter 25 of Title 30 of the US. Code. Additionally, you are prohibited by 5 C.F.R. 3501.103(b) from holding any ?nancial interest in federal lands or resources administered or controlled by the Department of the Interior. Additionally, absent a waiver under 5 C.F.R. you are prohibited by 5 C.F.R. 3501.103(c) from acquiring or retaining any claim, permit, lease, small tract entries, or other rights granted by the Department in Federal lands. As set forth in 43 CFR 20.401, the of?cers, clerks, and employees in the BLM are prohibited by 43 U.S.C. 11 from directly or indirectly purchasing or becoming interested in the purchase of any of the public lands. For purposes of this requirement, ?federal lands? means public lands or resources or an interest in lands or resources administered or controlled by the DOI, including, but not limited to, all submerged lands lying seaward outside of the area of ?lands beneath navigable water? as de?ned in 43 U.S.C. 1301(a), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control. 43 C.F.R. A ?direct interest in Federal lands? means any employee ownership or part ownership in Federal lands or any participation in the earnings therefrom, or the right to occupy or use the property or to take any bene?ts there from, based upon a contract, grant, lease, permit, easement, rental agreement, or application. 43 C.F.R. A ?direct interest in Federal lands? also includes the membership or outside employment in a business which has interests in Federal lands; and ownership of stock or other securities in corporations determined by the DOI to have an interest in Federal lands directly or through a subsidiary. Id. An ?indirect interest in Federal lands? means any ownership or part ownership of an interest in Federal lands by an employee in the name of another where the employee still reaps the bene?ts. 43 C.F.R. Indirect interest in Federal lands also includes holdings in land, mineral rights, grazing rights or livestock which in any manner are connected with or involve the substantial use of the resources or facilities of the Federal lands; or substantial holdings of a spouse or minor child. Based on information provided to the DEC, you have con?rmed that you do not hold any of the interests referenced in this section. Please notify the DEC if you discover or acquire any such interests. RECOMMENDED RECUSAL SCREENING ARRANGEMENT In order to help ensure that you do not participate in matters relating to any of the entities discussed in this memorandum, the DEC recommends that you take and document the following steps in a recusal screening arrangement: 1. In coordination with and under the direction of the DEC, you should establish a screening process to assist in screening for recusals of all DOI matters directed to your attention or that require your participation which involve the entities discussed in this memorandum and/or in Attachment in order to determine whether they involve any of the entities or organizations listed above. 2. All inquiries or comments involving the entities discussed in this memorandum and/or in Attachment should be directed to a screener (the ?Screener?) without your knowledge or involvement until after your various recusal periods end. 3. Authorize your Screener to take action or re-assign inquiries, comments, or matters without your involvement or knowledge of the particulars of the inquiry, comment, or matter. 4. You will continue to personally take your calls and screen your e?mail. However, if a particular matter involving any of the entities discussed in this memorandum and/or in Attachment is directed to your attention, do not take any action, but immediately forward the matter to your Screener for action or assignment, without your further involvement or knowledge of the particulars of the matter. 5. Provide your Screener with a copy of this interim memorandum, so that he/she may fully understand the purpose and scope of your recusal obligations. Direct your Screener to seek the advice of the DEC if he/she is ever uncertain whether or not you may participate in a particular matter. 6. Provide your principal subordinates with a copy of this interim memorandum and further instruct your principal subordinates that all inquiries and comments involving your recusal obligations should be directed to the Screener without your involvement or knowledge of the particulars of the matter. The DEO is available to assist you in documenting and implementing the recusal screening arrangement recommended above. Please note that as you and your staff work to diligently screen and decline meeting requests and other communications from a former employer or client, you must disqualify yourself from participation in party matters where a former employer or client is a party or represents a party to that party matter. Please be advised that the identi?cation of party matters pending at BLM, speci?cally, and D01, generally, in which your former employer and/or clients are parties or represent parties, will likely take time and effort on the part of you, BLM staff, Of?ce of the Solicitor staff assigned to BLM matters, and the DEC. Additionally, there may be times when there will be a delay in reviewing and potentially clearing your participation in party matters and meetings and other communications as a result of screening for ethics compliance. Please be aware that, while efforts can and will be made to minimize any such delays, these delays may impact your ability to participate in party matters and meetings and other communications. UPDATE THE DEO AS NECESSARY Please continue to update the DEC about changed circumstances, including changes to your ?nancial interests, changes in your personal or business relationships, or any changes to the nature of your DOI duties, so that the guidance provided in this memorandum can be updated as needed and your recusal obligations can be documented. Finally, please note that the Rules of Professional Responsibility are beyond the scope of the review, so you should review your applicable Rules of Professional Responsibility rules to ensure there you comply with any applicable requirements during your appointment at DOI. In particular, you should ensure that you take all steps, including removing yourself as counsel, to comply with the requirements of 18 U.S.C. 203, which prohibits an employee from receiving, agreeing to receive, or soliciting compensation for representational services, rendered either personally or by another, before any court or Federal agency or other speci?ed Federal entity, in connection with any particular matter in which the United States is a party or has a direct and substantial interest, and 18 U.S.C. 205, which prohibits federal employees from personally representing anyone before any court or Federal agency or other speci?ed Federal entity, in connection with any particular matter in which the United States is a party or has a direct and substantial interest. Please do not hesitate to contact the DEC with any questions about your recusal obligations discussed above or for further guidance. Please also be advised that only a designated ethics of?cial can make ethics determinations on which Department employees may authoritatively rely upon. Attachment A - Guidance for Recusal Analysis Attachment Interim List of Recusals and Quick Reference Chart Attachment A - Guidance for Recusal Analysis Pursuant to the requirements of 5 C.F.R. 2635.502 andthe Ethics Pledge, you may not participate personally and substantially, for two years after July 15, 2019 (the date of your appointment) in any particular matter involving speci?c parties that is directly and substantially related to the Mountain States Legal Foundation and/or the non-govemmental clients that you represented while employed at the Mountain States Legal Foundation, as de?ned by the Ethics Pledge, unless your ?rst granted a waiver under the Ethics Pledge. This includes recusal from any meeting or other communication with such a former employer or client unless (1) there are ?ve or more different stakeholders present and (2) no particular matters involving speci?c parties are discussed. If a former employer or a former client is present, generally speaking, at least four other parties should be present to ensure that a diversity of viewpoints is represented and not the same united perspective. To assist you in complying with and the requirements of the Ethics Pledge, suf?cient information needs to be secured before you participate in a matter to determine whether it meets the criteria described above. To determine whether you may participate in a given matter, you must ?rst determine whether that ?matter? is a broad policy directed to the interests of a large and diverse group of persons or one of the two types of ?particular matters? -- a ?particular matter of general applicability? or a ?particular matter involving speci?c parties.? In the context of the ethics rules, the unmodi?ed term ?matter? refers to virtually all Government work. It includes the consideration of broad policy options that are directed to the interests of a large and diverse group of persons. For instance, health and safety regulations applicable to all employers or a legislative proposal for tax reform. It also includes more narrowly de?ned ?particular matters.? The term ?particular matter? means only matters that involve deliberation, decision, or action that is focused on the interests of (1) speci?c persons (2) a discrete and identi?able class of persons. These two types of particular matters are de?ned separately as ?particular matters involving speci?c parties? and ?particular matters of general applicability.? (See diagram on page 3 of this Attachment.) A ?particular matter involving speci?c parties? typically involves a speci?c proceeding affecting the legal rights of the parties, or an isolatable transaction or related set of transactions between identi?ed parties. Examples include contracts, grants, licenses, investigations, litigation, and partnership agreements. This is the narrowest type of matter. A ?particular matter of general applicability? does not involve speci?c parties but at least focuses on the interests of a discrete and identi?able class, such as a particular industry or profession. Examples include rulemaking, legislation, or policy-making of general applicability that affect a particular industry or profession. For instance, a regulation prescribing safety standards for operators of oil rigs in the Gulf of Mexico or a regulation applicable to all those who have note that the examples provided above should be considered illustrative only. Please seek advice from the Departmental Ethics Of?ce for an ethics determination on speci?c facts, issues, actions and decisions. grazing permits on DOI public lands. On the other hand, a land use plan covering a large geographic area and affecting a number of industries agriculture; grazing; mining; timber; recreation; wind, solar, and/or geothermal power generation; etc.) would not constitute a ?particular matter of general applicability? but, rather, would still fall within the broader de?nition of ?matter,? as it constitutes a broad policy directed to the interests of a large and diverse group of persons. To assist you in complying with his ethics requirements, you must gather suf?cient information regarding a matter before the DOI to determine whether the matter constitutes a particular matter involving speci?c parties or a particular matter of general applicability, or falls into the category of broad policy options that are directed to the interests of a large and diverse group of persons. Please do not hesitate to contact the DEC with any questions about your recusal obligations discussed above or for further guidance. note that the examples provided above should be considered illustrative only. Please seek advice from the Departmental Ethics Of?ce for an ethics determination on speci?c facts, issues, actions and decisions. Matters Three Types Particular Matters Broad Policy Options Directed to the Interests of a Large and Diverse Group denti?able Class, of Persons - Land Use Plan for 05' R58 Safety large geographic area - many affected Focusing on; :Sts of 'Fede?ral?l Monument i?inedged Designation without industries reservation or relinquishment note that the examples provided above should be considered illustrative only. Please seek advice from the Departmental Ethics Of?ce for an ethics determination on speci?c facts, issues, actions and decisions. Attachment Interim List of Recusals and Quick Reference Chart Based on information provided by Deputy Director Pendley, this attachment lists his former clients, former employer, and financial interests. The inclusion of a former client, former employer, or financial interest on this list does not necessarily mean that a determination has been made that Mr. Pendley is excluded from participating in all issues. actions, and decisions related to the former client. former employer, or ?nancial interest at the DOI. Rather, the placement of a former client, former employer, or ?nancial interest on this list indicates that the screening protocol described in the accompanying memorandum must be followed. and, ifnecessary. additional advice from the Departmental Ethics Of?ce (DEO) should be sought. Entity/Particular .- saM-att?? Within 2 years of At all Times Authorities Comments Sirius XM (stock) Do not participate in any particular matter that has a direct and predictable effect on the ?nancial interests of SiriusXM. 18 U.S.C. 208 Participation only permitted if a written waiver, pursuant to 18 U.S.C. 208(b)(1) is issued, or the asset quali?es for a regulatory exemption. pursuant to 18 U.S.C. Regnery Publishing (royalties) Do not participate personally and substantially in any particular matter involving speci?c parties in which Regnery Publishing is a party or represents a party. 5 C.F.R. 2635.502; 5 can. Participation only permitted ifa written authorization, pursuant to 5 C.F.R. is issued. Mountain States Legal Foundation Do not participate personally and substantially in particular matter(s) involving speci?c parties that are Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate.' Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15,2019} In considering appearances, the Deputy Director will consider the relevant facts about the particular matter in question and determine whether he believes that a reasonable person with knowledge ofthose facts would question his impartiality in performing his of?cial duties in the particular matter. lfthe Deputy Director Association. Entity/Particular Within 2 years of At all Times Authorities Comments . 5 ,Matter . appointment 2 directly and substantially 5 C.F.R. related to Mountain 2635.502; 5 States Legal Foundation. C.F.R. American Exploration Do not participate Consider appearances before Ethics Pledge. Mining Association personally and personal and substantial E.O. 13770 substantially in particular participation in particular paragraph 6 matter(s) involving matter(s) and seek DEO advice, (2 years until July specific parties that are as needed and appropriate. 15, 2019); directly and substantially 5 C.F.R. related to American 2635.502; 5 Exploration Mining C.F.R. Caribou County. Idaho For ONE (1) Year - D0 Consider appearances before Ethics Pledge. substantially in particular matter(s) involving speci?c parties that are participation in particular matter(s) and seek DEO advice, as needed and appropriate. not participate personally personal and substantial E.O. 13770 and substantially in any participation in particular paragraph 6 particular matter(s) matter(s) and seek DEO advice, (2 years until July involving specific parties as needed and appropriate. 15, 2019); that are directly and 5 C.F.R. substantially related to 2635.502; 5 Caribou County, ID. C.F.R. Solenex, LLC Do not participate Consider appearances before Ethics Pledge, personally and personal and substantial E.O. 13770 paragraph 6 (2 years until July 15, 2019); has questions, he will consult as needed and appropriate with the DEO for further guidance and assistance. If the Deputy Director personally determines that a reasonable person with knowledge of the relevant facts would not question his impartiality in performing his of?cial duties in the particular matter, then the Deputy Director may participate in the particular matter as part ofhis of?cial duties. Additional guidance on whether an issue, action, or decision pending at the D01 is a particular matter is found in Attachment A to this memorandum. Entity/Particular Within 2 years of At all Times Authorities Comments Matter appointment directly and substantially 5 C.F.R. related to Solenex, LLC. 2635.502; 5 C.F.R. United States Air Tour Association Do not participate personally and substantially in particular matter(s) involving speci?c parties that are directly and substantially related to United States Air Tour Association. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge. E.0. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. 2635.502; 5 C.F.R. Air Star Helicopters, Inc. Do not participate personally and substantially in particular matter(s) involving speci?c parties that are directly and substantially related to Air Star Helicopters, Inc. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. 2635.502; 5 C.F.R. Grand Canyon Airlines, Inc. Do not participate personally and substantially in particular matter(s) involving speci?c parties that are directly and substantially related to Grand Canyon Airlines. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. 2635.502; 5 C.F.R. Entity/Particular Matter - . Within 2 years of appointment - At all Times Authorities Comments Maverick Helicopters Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Maverick Helicopters. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15. 2019); 5 C.F.R. 2635.502; 5 C.F.R. Papillion Grand Do not participate Consider appearances before Ethics Pledge. Canyon Helicopters personally and personal and substantial E.O. 13770 substantially in particular participation in particular paragraph 6 matter(s) involving matter(s) and seek DEO advice, (2 years until July specific parties that are as needed and appropriate. 15, 2019); directly and substantially 5 C.F.R. related to Papillion 2635.502; 5 Grand Canyon C.F.R. Helicopters. 2635. 101(b)( 14) Scenic Airlines, Inc. Do not participate Consider appearances before Ethics Pledge. personally and personal and substantial E.O. 13770 substantially in particular participation in particular paragraph 6 matter(s) involving matter(s) and seek DEO advice, (2 years until July speci?c parties that are as needed and appropriate. 15, 2019); directly and substantially 5 C.F.R. related to Scenic 2635.502; 5 Airlines, Inc. C.F.R. Wyoming Stock Growers Association Do not participate personally and substantially in particular matter(s) involving speci?c parties that are Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 4 Matter Within Zyearsof appoint?te?nt directly and substantially related to the Wyoming Stock Growers Association. 5 C.F.R. 2635.502; 5 C.F.R. Petroleum Association of Wyoming Do not participate personally and substantially in particular matter(s) involving speci?c parties that are directly and substantially related to the Petroleum Association of Wyoming. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. 2635.502; 5 C.F.R. WillSource Enterprise, LLC. Do not participate personally and substantially in particular matter(s) involving speci?c parties that are directly and substantially related to WillSource Enterprise. LLC. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. 2635.502; 5 C.F.R. Gar?eld County, UT For ONE (1) Year Do not participate personally and substantially in any particular matter(s) involving specific parties that are directly and substantially related to Gar?eld County, UT. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 .F.R. 2635.502; 5 C.F.R. Entity/Particular Matter Within 2 years of appointment At all Times Authorities Cdmments Kane County, UT For ONE (1) Year - Do not participate personally and substantially in any particular matter(s) involving specific parties that are directly and substantially related to Kane County, UT. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge. E.0. 13770 paragraph 6 (2 years until July 15,2019? 5 C.F.R. 2635.502; 5 C.F.R. San Juan County, UT For ONE (1) Year Do not participate personally and substantially in any particular matter(s) involving specific parties that are directly and substantially related to San Juan County, UT. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. 2635.502; 5 C.F.R. Boulder Rifle Club. Inc. Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to the Boulder Rifle Club, Inc. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge. E.O. 13770 paragraph 6 (2 years until July 15.2019? 5 C.F.R. 2635.502; 5 C.F.R. General Commerce. LLC. d/b/a Bison Tactical Do not participate personally and substantially in particular matter(s) involving specific parties that are Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 6 ,5 At all Times . Comments Matter - directly and substantially 5 C.F.R. related to General 2635.502; 5 Commerce, LLC or C.F.R. Bison Tactical Colorado Mining Do not participate Consider appearances before Ethics Pledge, Association personally and personal and substantial 13.0. 13770 substantially in particular participation in particular paragraph 6 matter(s) involving matter(s) and seek DEO advice, (2 years until July speci?c parties that are as needed and appropriate. 15, 2019); directly and substantially 5 C.F.R. related to the Colorado 2635.502; 5 Mining Association. C.F.R. Colorado Union of Do not participate Consider appearances before Ethics Pledge, Taxpayers Foundation personally and personal and substantial E.O. 13770 substantially in particular participation in particular paragraph 6 1natter(s) involving matter(s) and seek DEO advice, (2 years until July speci?c parties that are as needed and appropriate. 15, 2019); directly and substantially 5 C.F.R. related to the Colorado 2635.502; 5 Union of Taxpayers C.F.R. Foundation. Rothe Development, Do not participate Consider appearances before Ethics Pledge, Inc. personally and personal and substantial E.O. 13770 substantially in particular participation in particular paragraph 6 matter(s) involving matter(s) and seek DEO advice, (2 years until July speci?c parties that are as needed and appropriate. 15, 2019); directly and substantially 5 C.F.R. related to Rothe 2635.502; 5 Development, Inc. Entity/Particular Within 2 years of At all Times . Authorities Comments Matter -. appointments - Anesi Mining Do not participate Consider appearances before Ethics Pledge, Ventures, LLC personally and personal and substantial E.O. 13770 substantially in particular matter(s) involving speci?c parties that are directly and substantially related to Anesi Mining Ventures. LLC. participation in particular 1natter(s) and seek DEO advice, as needed and appropriate. paragraph 6 (2 years until July 15,2019k 5 C.F.R. 2635.502: 5 C.F.R. National Mining Association Do not participate personally and substantially in particular matter(s) involving speci?c parties that are directly and substantially related to the National Mining Association. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. 2635.502; 5 C.F.R. TABOR Foundation Do not participate personally and substantially in particular matter(s) involving speci?c parties that are directly and substantially related to the TABOR Foundation. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019): 5 C.F.R. 2635.502; 5 C.F.R. Wyoming Farm Bureau Federation Do not participate personally and substantially in particular matter(s) involving speci?c parties that are Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge. E.O. 13770 paragraph 6 (2 years until July 15, 2019); 8 Entity/Particular Within 2 years of At all Times Authorities Comments Matter appointment -- directly and substantially 5 C.F.R. related to the Wyoming 2635.502; 5 Farm Bureau Federation. C.F.R. Wyoming Wool Do not participate Consider appearances before Ethics Pledge, Growers Association personally and personal and substantial E.O. 13770 substantially in particular participation in particular paragraph 6 matter(s) involving matter(s) and seek DEO advice, (2 years until July specific parties that are as needed and appropriate. 15, 2019); directly and substantially 5 C.F.R. related to the Wyoming 2635.502; 5 Wool Growers C.F.R. Association. Montana Farm Bureau Do not participate Consider appearances before Ethics Pledge, Federation personally and personal and substantial E.O. 13770 substantially in particular participation in particular paragraph 6 matter(s) involving matter(s) and seek DEO advice, (2 years until July speci?c parties that are as needed and appropriate. 15, 2019); directly and substantially 5 C.F.R. related to the Montana 2635.502: 5 Farm Bureau Federation. C.F.R. Idaho Farm Bureau Do not participate Consider appearances before Ethics Pledge, Federation personally and personal and substantial E.O. 13770 substantially in particular matter(s) involving speci?c parties that are directly and substantially related to the Idaho Farm Bureau Federation. participation in particular matter(s) and seek DEO advice, as needed and appropriate. paragraph 6 (2 years until July 15, 2019); 5 C.F.R. 2635.502; 5 C.F.R. substantially in particular matter(s) involving participation in particular matter(s) and seek DEO advice, paragraph 6 (2 years until July Entity/Particular Within 2 years of Authorities: "5'3 Matter appointment Utah Farm Bureau Do not participate Consider appearances before Ethics Pledge, Federation personally and personal and substantial E.O. 13770 substantially in particular matter(s) involving speci?c parties that are directly and substantially related to the Colorado Farm Bureau Federation. participation in particular matter(s) and seek DEO advice, as needed and appropriate. speci?c parties that are as needed and appropriate. 15, 2019); directly and substantially 5 C.F.R. related to the Utah Farm 2635.502; 5 Bureau Federation. C.F.R. Colorado Farm Do not participate Consider appearances before Ethics Pledge, Bureau Federation personally and personal and substantial E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. 2635.502: 5 C.F.R. South Dakota Cattlemen?s Association Do not participate personally and substantially in particular matter(s) involving speci?c parties that are directly and substantially related to the South Dakota Cattlemen?s Association. Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. 2635.502; 5 CPR. Town ol?Taos, NM For ONE (1) Year - Do Consider appearances before Ethics Pledge, not participate personally personal and substantial E.O. 13770 and substantially in any participation in particular paragraph 6 particular matter(s) matter(s) and seek DEO advice, (2 years until July involving specific patties as needed and appropriate. 15, 2019); 10 that are directly and 5 C.F.R. substantially related to 2635.502; 5 the Town of Taos, NM. C.F.R. Thoman Do not participate Consider appearances before Ethics Pledge, Ranches, LLC personally and personal and substantial E.O. 13770 substantially in particular participation in particular paragraph 6 matter(s) involving matter(s) and seek DEO advice, (2 years until July specific parties that are as needed and appropriate. 15, 2019); directly and substantially 5 C.F.R. related to Thoman 2635.502; 5 Ranches, LLC. C.F.R. Washington Examiner For ONE (1) Year - Do Consider appearances before 5 C.F.R. not participate personally personal and substantial 2635.502; 5 and substantially in any participation in particular C.F.R. particular matter(s) involving speci?c parties that are directly and substantially related to the Washington Examiner. matter(s) and seek DEO advice, as needed and appropriate. Property Rights Foundation For ONE (1) Year - Do not participate personally and substantially in any particular matter(s) involving specific parties that are directly and substantially related to the Property Rights Foundation . Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. 5 C.F.R. 2635.502; 5 C.F.R. 11 Matter 1 i appointment 'Cemmelift??ii? - Pendley Law Group Do not participate personally and substantially in particular matter(s) involving speci?c parties that are directly and substantially related to the Pendley Law Group Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice. as needed and appropriate. Ethics Pledge, 13.0. 13770 paragraph 6 (2 years until July 15,2019? 5 C.F.R. 2635.502; 5 C.F.R. Please note that we still need to determine whether there is a recusal under 18 U.S.C. 208 for this entity. Matthew, Michele, and Aaron Hull Do not participate personally and substantially in particular matter(s) involving speci?c parties that are directly and substantially related to Matthew, Michele. and Aaron Hull Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge. E.O. 13770 paragraph 6 (2 years until July 15,2019? 5 C.F.R. 2635.502; 5 C.F.R. Michael Whited Do not participate personally and substantially in particular matter(s) involving speci?c parties that are directly and substantially related to Michael Whited Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15,2019x 5 C.F.R. 2635.502; 5 C.F.R. Andrew Brigida Do not participate Consider appearances before Ethics Pledge, personally and personal and substantial E.O. 13770 substantially in particular participation in particular paragraph 6 matter(s) involving matter(s) and seek DEO advice, (2 years until July speci?c parties that are as needed and appropriate. 15, 2019); 12 directly and substantially 5 C.F.R. related to Andrew 2635.502; 5 Brigida CPR. Professor James W. Do not participate Consider appearances before Ethics Pledge, Ely, Jr. personally and personal and substantial E.O. 13770 substantially in particular participation in particular paragraph 6 matter(s) involving matter(s) and seek DEO advice, (2 years until July specific parties that are as needed and appropriate. 15, 2019); directly and substantially 5 C.F.R. related to Professor 2635.502; 5 James W. Ely, Jr. C.F.R. Jon Caldara Do not participate Consider appearances before Ethics Pledge, personally and personal and substantial E.O. 13770 substantially in particular participation in particular paragraph 6 matter(s) involving matter(s) and seek DEO advice, (2 years until July specific parties that are as needed and appropriate. 15, 2019); directly and substantially 5 C.F.R. related to Jon Caldara 2635.502; 5 C.F.R. Tyler Faye Do not participate Consider appearances before Ethics Pledge, personally and personal and substantial E.O. 13770 substantially in particular participation in particular paragraph 6 matter(s) involving matter(s) and seek DEO advice, (2 years until July specific parties that are as needed and appropriate. 15, 2019); directly and substantially 5 C.F.R. related to Tyler Faye 2635.502; 5 C.F.R. 13 1.. Withmizyears origijgiis: At all Times Authoriti?s . Comments Matter appointment Mark Ringer Do not participate Consider appearances before Ethics Pledge, personally and personal and substantial 13.0. 13770 substantially in particular matter(s) involving speci?c parties that are directly and substantially related to Mark Ringer participation in particular matter(s) and seek DEO advice, as needed and appropriate. paragraph 6 (2 years until July 15, 2019); 5 C.F.R. 2635.502; 5 C.F.R. David and Pamela Herr Do not participate personally and substantially in particular mattcr(s) involving specific parties that are directly and substantially related to David and Pamela Herr Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. 2635.502; 5 C.F.R. Marvin M. Brandt Do not participate personally and substantially in particular 1natter(s) involving speci?c parties that are directly and substantially related to Marvin M. Brandt Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. 2635.502; 5 C.F.R. Matthew Do not participate personally and substantially in particular inatter(s) involving speci?c parties that are Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice. as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 14 waning; arsof appdilf?ii?iif directly and substantially 5 .F.R. related to Matthew 2635.502; 5 C.F.R. Elizabeth Nesbitt (nee Do not participate Consider appearances before Ethics Pledge, Morris) personally and personal and substantial E.O. 13770 substantially in particular participation in particular paragraph 6 matter(s) involving matter(s) and seek DEO advice, (2 years until July speci?c parties that are as needed and appropriate. 15, 2019); directly and substantially 5 C.F.R. related to Elizabeth 2635.502; 5 Nesbitt (nee Morris) C.F.R. Alan C. Baker Do not participate Consider appearances before Ethics Pledge, personally and personal and substantial E.O. 13770 substantially in particular participation in particular paragraph 6 matter(s) involving 1natter(s) and seek DEO advice, (2 years until July speci?c parties that are as needed and appropriate. 15, 2019); directly and substantially 5 C.F.R. related to Alan C. Baker 2635.502; 5 C.F.R. Frank J. Anesi Do not participate Consider appearances before Ethics Pledge, personally and personal and substantial E.O. 13770 substantially in particular participation in particular paragraph 6 matter(s) involving 1natter(s) and seek DEO advice, (2 years until July speci?c parties that are as needed and appropriate. 15, 2019); directly and substantially 5 C.F.R. related to Frank J. Anesi 2635.502; 5 C.F.R. 15 Matte" rattan - Comments Charles C. Price Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Charles C. Price Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. 2635.502; 5 C.F.R. James S. Ranking Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to James S. Ranking Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 5 C.F.R. 2635.502; 5 C.F.R. Rebecca R. Sopkin Do not participate personally and substantially in particular matter(s) involving specific parties that are directly and substantially related to Rebecca R. Sopkin Consider appearances before personal and substantial participation in particular matter(s) and seek DEO advice, as needed and appropriate. Ethics Pledge, E.O. 13770 paragraph 6 (2 years until July 15, 2019); 5 C.F.R. 2635.502; 5 C.F.R. 16