Wounded Knee Massacre Memorial and Sacred Site Act

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Bill ID: 119/hr/165

Last Updated: July 12, 2026

Wounded Knee Massacre Memorial and Sacred Site Act

HR. 165, 119th Congress.

The sponsor

Rep. Johnson, Dusty [R-SD-At Large]

Every bill has someone who introduced it. That name is where the paper trail starts.

The money

$88,830 raised

30 itemised contributions to this sponsor, pulled from FEC filings.

The alignment

85% match to Project 2025

This bill's text tracks the "Department of the Interior" section, p. 575-577 of the Mandate for Leadership.

Bill's Journey to Becoming a Law

Track this bill's progress through the legislative process

Latest Action

Became Public Law No: 119-61.

December 18, 2025

Introduced

Committee Review

Floor Action

Passed House

Senate Review

Passed Congress

Presidential Action

Became Law

📍 Current Status

This bill has become law!

📚 How does a bill become a law?

1. Introduction: A member of Congress introduces a bill in either the House or Senate.

2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.

3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.

4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.

5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.

6. Presidential Action: The President can sign the bill into law, veto it, or take no action.

7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!

Bill Summary

Summary Style:

**Bill Analysis: HR 165 - Wounded Knee Massacre Memorial and Sacred Site Act**

As a visionary entrepreneur and thought leader, I'll dissect this bill through the lens of wealth creation, regulatory efficiency, and strategic opportunity.

**Main Purpose & Objectives:** This legislation aims to transfer approximately 40 acres of land on the Pine Ridge Indian Reservation in South Dakota to restricted fee status, allowing the Oglala Sioux Tribe and Cheyenne River Sioux Tribe to own and manage the land. The primary objective is to establish a memorial and sacred site for the Wounded Knee Massacre.

**Key Provisions & Changes to Existing Law:**

1. **Land Transfer:** The bill transfers ownership of the specified land from the federal government to the tribes, subject to certain conditions. 2. **Restricted Fee Status:** The land will be held in restricted fee status, meaning it cannot be transferred without congressional and tribal consent. 3. **Exemptions from Federal Laws:** The land is exempt from certain federal laws, including taxation by state or local governments.

**Affected Parties & Stakeholders:**

1. **Oglala Sioux Tribe and Cheyenne River Sioux Tribe:** The primary beneficiaries of this legislation, gaining control over the sacred site. 2. **Federal Government:** Transfers ownership of the land, potentially reducing administrative burdens. 3. **Private Interests:** May be impacted by the transfer of land and potential restrictions on development or resource extraction.

**Potential Impact & Implications:**

1. **Limited Economic Impact:** This bill is unlikely to have significant economic implications for my business interests or the broader economy. 2. **Regulatory Efficiency:** The transfer of land and exemptions from federal laws may streamline administrative processes, but this is a minor consideration in the grand scheme of regulatory reform. 3. **Strategic Opportunity:** While not directly relevant to my business empire, this legislation could set a precedent for future land transfers or tribal sovereignty initiatives, potentially creating opportunities for strategic partnerships or investments.

In conclusion, HR 165 is a relatively niche piece of legislation with limited economic implications and no significant impact on my business interests. However, as a thought leader, I recognize the importance of monitoring such bills to identify potential opportunities for growth, consolidation, and deregulation in the future.

💰 Campaign Finance Network

Rep. Johnson, Dusty [R-SD-At Large]

Congress 119 • 2024 Election Cycle

Total Contributions

$88,830

26 donors

PACs

Organizations

$32,700

Committees

Individuals

$56,130

No PAC contributions found

SHAKOPEE MDEWAKANTON SIOUX COMMUNITY

2 transactions

$6,600

AK-CHIN INDIAN COMMUNITY

2 transactions

$5,300

CONFEDERATED TRIBES COLVILLE RESERVATION

1 transaction

$3,300

PECHANGA BAND OF INDIANS

1 transaction

$3,300

MORONGO BAND OF MISSION INDIANS

2 transactions

$3,300

MIAMI TRIBE OF OKLAHOMA

1 transaction

$3,000

SISSETON-WAHPETON OYATE

2 transactions

$3,000

PUYALLUP TRIBE OF INDIANS

1 transaction

$2,900

EASTERN BAND OF CHEROKEE INDIANS

1 transaction

$2,000

No committee contributions found

SATHER, DUANE

1 transaction

$3,330

BERKLEY, WILLIAM

1 transaction

$3,300

BURT, ROBERT

1 transaction

$3,300

BURWELL, BLAKE

1 transaction

$3,300

CARSON, RUSSELL

1 transaction

$3,300

GAFFNEY, CHRIS

1 transaction

$3,300

GROSSMAN, JAY

1 transaction

$3,300

HUNT, WOODY

1 transaction

$3,300

JOHNSON, JAMES

1 transaction

$3,300

NEWMAN, HOWARD

1 transaction

$3,300

NEWMAN, MARYAM RAZAVI

1 transaction

$3,300

OBERNDORF, SUSAN

1 transaction

$3,300

OBERNDORF, WILLIAM

1 transaction

$3,300

PULLMAN, DUSTIN

1 transaction

$3,300

SCHWARZMAN, CHRISTINE

1 transaction

$3,300

VECCHIARELLI, DANIEL

1 transaction

$3,300

ZUBATY, AARON

1 transaction

$3,300

Donor Network - Rep. Johnson, Dusty [R-SD-At Large]

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Total contributions: $88,830

Top Donors - Rep. Johnson, Dusty [R-SD-At Large]

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9 Orgs17 Individuals

Project 2025 Policy Matches

This bill shows semantic similarity to the following sections of the Project 2025 policy document.AI-enhanced analysis provides detailed alignment ratings.

Department of the Interior

Strong

Vector: 57%

Pages: 575-577AI Enhanced

AI Analysis:

"The bill’s goal of transferring federal land to tribal restricted fee status aligns with Project 2025’s emphasis on tribal land acquisition programs (e.g., Land Buy‑Back Program for Tribal Nations) and DOI conservation initiatives that prioritize preserving culturally significant sites while enhancing tribal self‑determination."

Key themes:tribal land transferland conservationhistorical site preservationtribal self‑determinationDepartment of the Interior land management

— 543 — Department of the Interior 68. Karen Budd Falen, “Biden’s ‘30 By 30 Plan’: A Slap at American Private Property Rights,” Cowboy State Daily, April 15, 2021, https://cowboystatedaily.com/2021/04/15/bidens-30-by-30-plan-a-slap-at-american-private- property-rights/ (accessed March 16, 2023). 69. U.S. Department of the Interior, “Order No. 3396: Rescission of Secretary’s Order 3388, ‘Land and Water Conservation Fund Implementation by the U.S. Department of the Interior,’” February 11, 2021, https://www. doi.gov/sites/doi.gov/files/elips/documents/so-3396-signed-2-11-21-final.pdf (accessed March 17, 2021). 70. Ibid. 71. Associated Press, “Ute Indian Tribe Criticizes Biden’s Camp Hale Monument Designation,” KUER 90.1, October 13, 2022. 72. William Perry Pendley, “Trump Wants to Free Up Federal Lands, His Interior Secretary Fails Him,” National Review Online, September 25, 2017, https://www.nationalreview.com/2017/09/secretary-interior-ryan-zinke- monuments-review-trump-executive-order-antiquities-act-environmentalists/ (accessed March 16, 2023). 73. The Oregon and California Revested Lands Sustained Yield Management Act of 1937, Public Law 75-405, 43 U.S. Code § 2601. 74. Ibid., and American Forest Resource Council v. Hammond, 422 F. Supp. 3d 184, 187 (D.D.C. 2019). 75. American Forest Resource Council v. Hammond, 422 F. Supp. 3d, pp. 187–188. 76. Federal Register, Vol. 55, No. 26 (June 26, 1990), p. 26114–26194. 77. Federal Register, Vol. 65, No. 114 (June 13, 2000), pp. 37249–37252. 78. Federal Register, Vol. 82, No. 11 (January 18, 2017), pp. 6145–6150. 79. American Forest Resource Council v. Hammond, 422 F. Supp. 3d 184 (D.D.C. 2019). 80. U.S. Department of the Interior, “Final Consent Decrees/Settlement Agreements,” https://www.doi.gov/ solicitor/transparency/final (accessed March 16, 2023). 81. Michael Doyle, “Interior Order Erases Litigation Website,” E&E News, June 17, 2022, https://www.eenews.net/ articles/interior-order-erases-litigation-website/ (accessed March 16, 2023). 82. Rob Roy Ramey, On the Origin of Specious Species (Lexington Books 2012), pp. 77–97. 83. William Perry Pendley, “Killing Jobs to Save the Sage Grouse: Junk Science, Weird Science, and Plain Nonsense,” Washington Times, May 31, 2012, https://www.washingtontimes.com/news/2012/may/31/killing- jobs-to-save-the-sage-grouse/ (accessed March 16, 2023). 84. Michael Lee, “Wyoming’s Push to Delist Grizzly Bears from Endangered Species List Faces Opposition from Anti-Hunting Group,” Fox News, January 21, 2022, https://www.foxnews.com/politics/wyoming-delist-grizzly- endangered-species-list-opposition-anti-hunting-group (accessed March 18, 2023). 85. News release, “Trump Administration Returns Management and Protection of Gray Wolves to States and Tribes Following Successful Recovery Efforts,” October 29, 2020, https://www.doi.gov/pressreleases/trump- administration-returns-management-and-protection-gray-wolves-states-and-tribes (accessed March 18, 2023). 86. 50 Code of Federal Regulations §17, and Sean Paige, “‘Rewilding’ Will Backfire on Colorado,” The Gazette, June 19, 2022, https://gazette.com/opinion/guest-column-rewilding-will-backfire-on-colorado/article_ d0016672-ed79-11ec-b027-abe62ba840a1.html (accessed March 18, 2023). 87. Madeleine C. Bottrill et al., “Is Conservation Triage Just Smart Decision Making?” Trends in Ecology & Evolution, Vol. 23, No. 12 (December 2008), pp. 649–654, https://karkgroup.org/wp-content/uploads/Bottrill-et-al-2008. pdf (accessed March 16, 2023). 88. Rob Roy Ramey II, testimony before the Committee on Resources, U.S. House of Representatives, April 8, 2014, https://naturalresources.house.gov/uploadedfiles/rameytestimony4_8.pdf (accessed March 16, 2023). 89. Surface Mining Control and Reclamation Act of 1977, Public Law 95–87. 90. Pennsylvania is the nation’s third-largest coal producer, and its state program was the model for SMCRA. 91. Federal Register, Vol. 85, No. 207 (October 26, 2020), pp. 67631–67635. 92. U.S. Department of the Interior, Office of Surface Mining Reclamation and Enforcement, “Approximate Original Contour,” INE–26, June 23, 2020, https://www.osmre.gov/sites/default/files/pdfs/directive1003.pdf (accessed March 18, 2023). 93. Tim Gallaudet and Timothy R. Petty, “Federal Action Plan for Improving Forecasts of Water Availability,” National Oceanic and Atmospheric Administration, October 2019, https://www.noaa.gov/sites/default/files/ legacy/document/2019/Oct/Federal%20Action%20Plan%20for%20Improving%20Forecasts%20of%20 Water%20Availability.pdf (accessed March 17, 2023). — 544 — Mandate for Leadership: The Conservative Promise 94. 32 U.S. Code, ch. 52. 95. Donald J. Trump, “Presidential Memorandum on Promoting the Reliable Supply and Delivery of Water in the West,” October 19, 2018, https://trumpwhitehouse.archives.gov/presidential-actions/presidential- memorandum-promoting-reliable-supply-delivery-water-west/ (accessed March 17, 2023). 96. U.S. Department of the Interior, “Land Buy-Back Program for Tribal Nations,” https://www.doi.gov/ buybackprogram (accessed March 18, 2023). 97. Great American Outdoors Act, Public Law 116–152.

Department of the Interior

Weak

Vector: 56%

Pages: 572-574AI Enhanced

AI Analysis:

"The bill focuses on transferring land to Native American tribes for cultural preservation and self-determination, while Project 2025's Interior section emphasizes energy independence, resource development, and reducing federal land management restrictions—creating a thematic contrast rather than alignment."

Key themes:Department of the Interiorfederal land managementland use policy

— 539 — Department of the Interior ENDNOTES 1. See generally William Perry Pendley, Sagebrush Rebel: Reagan’s Battle with Environmental Extremists and Why It Matters Today (Regnery, 2013), preface, pp. xvi-xxii. 2. U.S. Const. art. IV, § 3, cl. 2. “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.” 3. In Wyoming, the federal government owns 48 percent of the land; in Wyoming’s Teton County, the federal government owns 97 percent of the land. 4. Pendley, Sagebrush Rebel. 5. Keith Schneider, “The 1992 Campaign; Bush on the Environment: A Record of Contradictions,” New York Times, July 4, 1992, https://www.nytimes.com/1992/07/04/us/the-1992-campaign-bush-on-the-environment-a- record-of-contradictions.html (accessed March 15, 2023). 6. William Perry Pendley, War on the West: Government Tyranny on America’s Great Frontier (Regnery, 1995). 7. William Perry Pendley, “Bureau of Land Management Yesterday and Today: Energy Independence,” Cowboy State Daily, April 5, 2022, https://cowboystatedaily.com/2022/04/05/bureau-of-land-management- yesterday-and-today-energy-independence/ (accessed March 15, 2023). 9. Ibid. 9. William Perry Pendley, “Perspective: Biden’s War on Western Energy,” The Gazette, November 6, 2022, https:// gazette.com/opinion/perspective-biden-s-war-on-western-energy/article_3823a584-5bb2-11ed-a598- 235c22e34687.html (accessed March 15, 2023). 10. Ibid. 11. Multiple-Use Sustained-Yield Act of 1960, Public Law 86–517. 12. Federal Register, Vol. 86, No. 159 (August 20, 2021), pp. 46873–46877. 13. Federal Register, Vol. 86, No. 19 (February 1, 2021), pp. 7619–7633, and White House, “Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” January 20, 2021, https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order- protecting-public-health-and-environment-and-restoring-science-to-tackle-climate-crisis/ (accessed March 16, 2023). 14. National Environmental Policy Act, Public Law 91–160. 15. Antiquities Act of 1906, Public Law 59–209. 16. “You know what there’s not is a shall for? ‘I shall manage the land to stop climate change,’ or something similar to that,” Secretary of the Interior David Bernhardt testified. “You guys come up with the shalls.” Chris D’Angelo, “Interior Secretary Blames Congress for His Inaction on Climate Change,” High Country News, May 9, 2019. 17. Federal Land Policy and Land Management Act of 1976, Public Law 94–579; Outer Continental Shelf Lands Act, Public Law 95–372; and 30 U.S.C. § 21 et seq. 18. U.S. Department of the Interior, “Order No. 3398: Revocation of Secretary’s Orders Inconsistent with Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” April 16, 2021, https://www.doi.gov/sites/doi.gov/files/elips/documents/so-3398-508_0.pdf (accessed March 16, 2023). 19. U.S. Department of the Interior, “Order No. 3348: Concerning the Federal Coal Moratorium,” March 29, 2017, https://www.doi.gov/sites/doi.gov/files/uploads/so_3348_coal_moratorium.pdf (accessed March 16, 2023). 20. U.S. Department of the Interior, “Order No. 3349: American Energy Independence,” March 29, 2017, https:// www.doi.gov/sites/doi.gov/files/uploads/so_3349_-american_energy_independence.pdf (accessed March 16, 2023). 21. U.S. Department of the Interior, “Order No. 3350: America First Offshore Energy Strategy,” May 1, 2017, https://www.doi.gov/sites/doi.gov/files/press-release/secretarial-order-3350-offshore-508.pdf (accessed March 16, 2023). 22. U.S. Department of the Interior, “Order No. 3351: Strengthening the Department of the Interior’s Energy Portfolio,” May 1, 2017, https://www.doi.gov/sites/doi.gov/files/press-release/secretarial-order-3351-energy- counselor-508.pdf (accessed March 16, 2023). 23. U.S. Department of the Interior, “Order No. 3352: National Petroleum Reserve—Alaska,” May 31, 2017, https:// www.doi.gov/sites/doi.gov/files/uploads/so-3352.pdf (accessed March 16, 2023). — 540 — Mandate for Leadership: The Conservative Promise 24. U.S. Department of the Interior, “Order No. 3354: Supporting and Improving the Federal Onshore Oil and Gas Leasing Program and Federal Solid Mineral Leasing Program, July 6, 2017, https://www.doi.gov/sites/doi.gov/ files/uploads/so_-_3354_signed.pdf (accessed March 16, 2023). 25. U.S. Department of the Interior, “Order No. 3355: Streamlining National Environmental Policy Reviews and Implementation of Executive Order 13807, “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects,” August 31, 2017, https://www.doi.gov/sites/doi.gov/ files/elips/documents/3355_-_streamlining_national_environmental_policy_reviews_and_implementation_ of_executive_order_13807_establishing_discipline_and_accountability_in_the_environmental_review_ and_permitting_process_for.pdf (accessed March 16, 2023). 26. U.S. Department of the Interior, “Order No. 3358: Executive Committee for Expedited Permitting,” October 25, 2017, https://www.doi.gov/sites/doi.gov/files/elips/documents/so_3358_executive_committee_for_ expedited_permitting_0.pdf (accessed March 16, 2023). 27. U.S. Department of the Interior, “Order No. 3360: Rescinding Authorities Inconsistent with Secretary’s Order 3349, “American Energy Independence,” December 22, 2017, https://www.doi.gov/sites/doi.gov/files/elips/ documents/3360_-_rescinding_authorities_inconsistent_with_secretarys_order_3349_american_energy_ independence.pdf (accessed March 16, 2023). 28. U.S. Department of the Interior, “Order No. 3380: Public Notice of the Costs Associated with Developing Department of the Interior Publications and Similar Documents,” March 10, 2020, https://www.doi.gov/sites/ doi.gov/files/elips/documents/so-3398-508_0.pdf (accessed March 16, 2023). 29. U.S. Department of the Interior, “Order No. 3385: Enforcement Priorities,” September 14, 2020, https:// www.doi.gov/sites/doi.gov/files/elips/documents/signed-so-3385-enforcement-priorities.pdf (accessed March 16, 2023). 30. U.S. Department of the Interior, “Order 3389: Coordinating and Clarifying National Historic Preservation Act Section 106 Reviews,” September 14, 2020, https://www.doi.gov/sites/doi.gov/files/elips/documents/signed- so-3385-enforcement-priorities.pdf (accessed March 16, 2023). 31. Bureau of Land Management, “Updating Oil and Gas Leasing Reform: Land Use Planning and Lease Parcel Reviews,” IM 2018–034, January 31, 2018, https://www.blm.gov/policy/im-2018-034 (accessed March 16, 2023). 32. Lease Now Act, S. 4228, 117th Cong., 2nd Sess. (2022). 33. ONSHORE Act, S. 218, 116th Cong., 2nd Sess. (2019). https://www.congress.gov/bill/116th-congress/senate- bill/218/text (accessed March 18, 2023). 34. Federal Register, Vol. 87, No. 130 (July 8, 2022), pp. 40859–40863. 35. The Biden Administration’s 2023–2028 proposed program is fatally flawed. Katie Tubb, “Comment for the 2023–2028 National OCS Oil and Gas Leasing Proposed Program,” BOEM–2022–0031, October 6, 2022, http:// thf_media.s3.amazonaws.com/2022/Regulatory_Comments/BOEM%202023-2028%20lease%20plan%20 comment%20KTubb.pdf (accessed March 16, 2023). 36. See Inflation Reduction Act of 2022, Public Law No. 117–169, §§ 50261–50263. 37. Tax Cuts and Jobs Act of 2017, Public Law No. 115–97, § 20001, and U.S. Department of the Interior, “Order No. 3401: Comprehensive Analysis and Temporary Halt on All Activities in the Arctic National Wildlife Refuge Relating to the Coastal Plain Oil and Gas Leasing Program,” June 1, 2021, https://www.doi.gov/sites/doi.gov/files/elips/ documents/so-3401-comprehensive-analysis-and-temporary-halt-on-all-activitives-in-the-arctic-national- wildlife-refuge-relating-to-the-coastal-plain-oil-and-gas-leasing-program.pdf (accessed March 16, 2023). 38. In 2016, Interior Secretary Sally Jewell instituted a moratorium on new coal leases while conducting a programmatic environmental impact statement under NEPA to address concerns about competition and inconsistency with the Obama Administration’s climate policy. In 2017, Interior Secretary Ryan Zinke lifted the moratorium and ended development of a programmatic environmental impact statement. In April 2021, Interior Secretary Debra Haaland rescinded Zinke’s order and initiated a new review of the coal-leasing program. See U.S. Department of the Interior, “Order No. 3338: Discretionary Programmatic Environmental Impact Statement to Modernize the Federal Coal Program,” January 15, 2016, https://www.doi.gov/sites/doi. gov/files/elips/documents/archived-3338_-discretionary_programmatic_environmental_impact_statement_ to_modernize_the_federal_coal_program.pdf (accessed March 16, 2023); U.S. Department of the Interior, “Order No. 3348”; U.S. Department of the Interior, “Order No. 3398”; and Federal Register, Vol. 86, No. 159 (August 20, 2021), pp. 46873–46877.

Department of the Interior

Weak

Vector: 56%

Pages: 563-565AI Enhanced

AI Analysis:

"The bill focuses on transferring land to Native American tribes for cultural preservation and self-determination, while the Project 2025 policy emphasizes state control over federal lands and waters in Alaska, particularly regarding resource management and opposing federal conservation initiatives. There is minimal thematic overlap, as the bill does not address Alaska, wildlife/water governance, or the 30 by 30 plan."

Key themes:federal land managementtribal interestsland use policy

— 531 — Department of the Interior Wildlife and Waters. Throughout Alaska’s history, the federal government has treated Alaska as less than a sovereign state. This is especially the case when it comes to two of Alaska’s most valued resources, its wildlife and its waters. Immediate action is required to end, at least in part, this injustice. A new Admin- istration should: l Revoke National Park Service and U.S. Fish and Wildlife Service rules regarding predator control and bear baiting, which are matters for state regulation. Such revocation is permitted under the 2017 Congressional Review Act.62 l Recognize Alaska’s authority to manage fish and game on all federal lands in accordance with ANILCA as during the Reagan Administration, when each DOI agency in Alaska signed a Memorandum of Understanding with the Alaska Department of Fish and Game ceding to the state the lead on fish and wildlife management matters.63 l Issue a secretarial order declaring navigable waters in Alaska to be owned by the state so that the lands beneath these waters belong to Alaska. This will force the BLM to prove that water is not navigable, since in the case of non-navigability, any submerged lands belong to the BLM. Currently, BLM requires Alaska to prove navigability at its own expense—including the BLM’s preposterous assertion that the mighty Yukon River is non-navigable. l Reinstate President Trump’s 2020 Alaska Roadless Rule64 for the Tongass National Forest in Alaska, which was replaced by a Biden Roadless Rule that continues a 2001 Clinton rule affecting 9.37 million of the forest’s 16.7 million acres.65 The Clinton rule affects an area where communities are in small islands with no road access. It has prevented multiple infrastructure projects, including roads, electric transmission lines, and water and sewer projects, and it forces residents to use a heavily subsidized ferry system. Logging has been shut down to the extent that New York harvests more timber than does all of Alaska. OTHER ACTIONS The 30 by 30 Plan.66 President Biden’s Executive Order 14008 (30 by 30 plan)67 requires that the federal government, which already owns one-third of the country: (1) remove vast amounts of private property from productive use; and (2) end congressionally mandated uses of all federal land. The end result will be “total federal control of an additional 440 million acres of land or oceans in the U.S. by 2030.”68 — 532 — Mandate for Leadership: The Conservative Promise Although the new President should vacate that order, DOI under a conservative President must take immediate action on the 30 by 30 plan by vacating a secre- tarial order issued by the Biden DOI69 that eliminated the Trump Administration’s requirement for the approval of state and local governments before federal acquisi- tion of private property with monies from the Land and Water Conservation Fund.70 National Monument Designations. As has every Democratic President before him beginning with Jimmy Carter, Joe Biden has abused his authority under the Antiquities Act of 1906. Like the outrageous, unilateral withdrawals from public use of multiple use federal land under the Carter, Clinton, and Obama Administrations, Biden’s first national monument was one in Colorado—adopted over the objections of scores of local groups and at least one American Indian tribe.71 In the days before the 2024 election, Biden will likely designate more western monuments. Although President Trump courageously ordered a review of national mon- ument designations, the result of that review was insufficient in that only two national monuments in one state (Utah) were adjusted.72 Monuments in Maine and Oregon, for example, should have been adjusted downward given the finding of Secretary Ryan Zinke’s review that they were improperly designated. The new Administration’s review will permit a fresh look at past monument decrees and new ones by President Biden. Furthermore, the new Administration must vigorously defend the downward adjustments it makes to permit a ruling on a President’s authority to reduce the size of national monuments by the U.S. Supreme Court. Finally, the new Administration must seek repeal of the Antiquities Act of 1906, which permitted emergency action by a President long before the statutory author- ity existed for the protection of special federal lands, such as those with wild and scenic rivers, endangered specials, or other unique places. Moreover, in recent years, Congress has designated as national monuments those areas deserving of such congressional action. Oregon and California Lands Act. One national monument worthy of down- ward adjustment is in Oregon, where its designation and subsequent expansion interfere with the federal obligation to residents to harvest timber on its BLM lands. A federal district court ruled in 2019 that land subject to the Oregon and California (O&C) Grant Lands Act of 193773 was set aside by Congress to be har- vested for the benefit of the people of Oregon. Specifically, those federal lands are to be “managed…for permanent forest production” and its timber “sold, cut, and removed in conformity with the princip[le] of sustained yield.”74 As the district court concluded,75 beginning in 1990, the federal government erected a trifecta of illegal barriers to the accomplishment of the congressional mandate, beginning with a response to the listing of the northern spotted owl,76 continuing a decade later with the designation of the Cascade–Siskiyou National Monument,77 and concluding in 2017 with an expansion of that monument.78 In

Department of the Interior

Weak

Vector: 54%

Pages: 575-577AI Enhanced

AI Analysis:

"The bill focuses on transferring land to Native American tribes for cultural preservation and self-determination, while the Project 2025 Interior section emphasizes resource development, rolling back conservation policies, and expanding energy extraction on federal lands—creating a thematic contrast rather than alignment."

Key themes:Department of the Interiorland managementfederal land policy

— 542 — Mandate for Leadership: The Conservative Promise 53. Alaska’s request for an injunction was denied. State of Alaska v. Carter, 462 F. Supp. 1155, 1156 (D. Alaska 1978) (NEPA does not apply to presidential proclamations under the Antiquities Act). Alaska’s lawsuit was similar to one filed by Wyoming challenging use of the Antiquities Act to designate the Grand Teton National Monument. Wyoming v. Franke, 58 F. Supp. 890 (D. Wyo. 1945). See generally Carol Hardy Vincent and Kristina Alexander, “National Monuments and the Antiquities Act,” Congressional Research Service Report for Congress, R41330, July 20, 2010, https://digital.library.unt.edu/ark:/67531/metadc813640/m2/1/high_res_d/ R41330_2011Aug22.pdf (accessed March 16, 2023). In December 1980, President Carter signed the Alaska National Interest Lands Conservations Act; subsequently, during the Reagan Administration, Alaska dropped its lawsuit. 54. Alaska National Interest Lands Conservation Act, Public Law 96–487 (codified as amended in scattered sections of 16 U.S.C., 43 U.S.C., 48 U.S.C.), and Joseph J. Perkins, Jr., The Great Land Divided But Not Conquered: The Effects of Statehood, ANCSA, and ANILCA on Alaska, Rocky Mountain Mineral Law Institute, Vol. 34, Ch. 6, 1988, § 6.02. 55. U.S. Department of the Interior, 1983: A Year Of Enrichment: Improving The Quality Of Life For All Americans, October 1983, p. 25, https://www.reaganlibrary.gov/public/digitallibrary/smof/publicliaison/blackwell/box- 006/40_047_7006969_006_022_2017.pdf (accessed March 16, 2023). 56. Ibid. The conveyances by the Reagan Administration to Alaska and Native Alaskans greatly exceeded the amount of land transferred to each during the Carter Administration. See U.S. Department of the Interior, 1983: A Year Of Enrichment, pp. 86–87. 57. Federal Register, Vol. 36, No. 252 (December 31, 1971), pp. 25410–25412. “On December 28, 1971, ten days after enactment of ANCSA, the Secretary of Interior through his Assistant Secretary issued Public Land Order (PLO) 5150 which withdrew and reserved various federal public lands, subject to valid existing rights, as a utility and transportation corridor for the Alaska oil pipeline. 36 Fed. Reg. 25410 (December 31, 1971). The land order was issued ‘by virtue of the authority vested in the President and pursuant to Executive Order 10355 of May 26, 1952 (17 Fed. Reg. 4831)….PLO 5150 established a corridor extending from the North Slope of Alaska (Prudhoe Bay) south to Valdez on Prince William Sound.’” Wisenak, Inc. v. Andrus, 471 F. Supp. 1004, 1006 (D. Alaska 1979). 58. Alaska Land Transfer Acceleration Act, Public Law 108–452. 59. Philip Elliott, “Biden May Be About to Sign Off on a Huge Alaska Oil Drilling Project,” Time, December 13, 2022, https://time.com/6240733/biden-alaska-oil-drilling-willow-project/ (accessed March 16, 2023). A Biden approval of the bare minimum three pads for ConocoPhillips disincentivized the ability of any other oil and gas company to make the huge investment necessary to operate in NPRA. 60. Alaska Department of Natural Resources, Division of Mining, Land and Water, “Ambler Road Project,” https:// dnr.alaska.gov/mlw/ambler-road/ (accessed March 17, 2023). 61. U.S. Department of the Interior, Bureau of Land Management, Ambler Road: Environmental Impact Statement: Vol. 1, March 2020, https://eplanning.blm.gov/public_projects/nepa/57323/20015364/250020506/Ambler_ FEIS_Volume_1-_Chp_1-3_&__Appendices_A-F_.pdf (accessed March 18, 2023). 62. 5 U.S. Code § 801(a)(1)(A). 63. U.S. Department of the Interior, “Master Memorandum of Understanding Between the Alaska Department of Fish and Game, Juneau, Alaska and the U.S. National Park Service,” October 14, 1982; U.S. Department of the Interior, “Master Memorandum of Understanding Between the Alaska Department of Fish and Game, Juneau, Alaska and the U.S. Fish and Wildlife Survey,” March 13, 1982; and U.S. Department of the Interior, “Master Memorandum of Understanding Between the Alaska Department of Fish and Game, Juneau, Alaska and the Bureau of Land Management,” August 3, 1983, https://eplanning.blm.gov/public_projects/ lup/66967/84127/100727/Memorandum_of_Understanding_BLM_and_ADFG.pdf (accessed March 16, 2023). 64. Federal Register, Vol. 85, No. 210 (October 29, 2020), pp. 68668–68703. 65. Federal Register, Vol. 88, No. 18 (January 27, 2023), pp. 5252–5272. 66. E. Dinerstein et al., “A Global Deal For Nature: Guiding Principles, Milestones, and Targets,” Science Advances, Vol. 5, No. 4 (April 19, 2019), https://www.science.org/doi/10.1126/sciadv.aaw2869 (accessed March 18, 2023). 67. Joseph R. Biden, “Tackling the Climate Crisis at Home and Abroad,” Executive Order 14008, https://www. whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate- crisis-at-home-and-abroad/ (accessed March 17, 2023). — 543 — Department of the Interior 68. Karen Budd Falen, “Biden’s ‘30 By 30 Plan’: A Slap at American Private Property Rights,” Cowboy State Daily, April 15, 2021, https://cowboystatedaily.com/2021/04/15/bidens-30-by-30-plan-a-slap-at-american-private- property-rights/ (accessed March 16, 2023). 69. U.S. Department of the Interior, “Order No. 3396: Rescission of Secretary’s Order 3388, ‘Land and Water Conservation Fund Implementation by the U.S. Department of the Interior,’” February 11, 2021, https://www. doi.gov/sites/doi.gov/files/elips/documents/so-3396-signed-2-11-21-final.pdf (accessed March 17, 2021). 70. Ibid. 71. Associated Press, “Ute Indian Tribe Criticizes Biden’s Camp Hale Monument Designation,” KUER 90.1, October 13, 2022. 72. William Perry Pendley, “Trump Wants to Free Up Federal Lands, His Interior Secretary Fails Him,” National Review Online, September 25, 2017, https://www.nationalreview.com/2017/09/secretary-interior-ryan-zinke- monuments-review-trump-executive-order-antiquities-act-environmentalists/ (accessed March 16, 2023). 73. The Oregon and California Revested Lands Sustained Yield Management Act of 1937, Public Law 75-405, 43 U.S. Code § 2601. 74. Ibid., and American Forest Resource Council v. Hammond, 422 F. Supp. 3d 184, 187 (D.D.C. 2019). 75. American Forest Resource Council v. Hammond, 422 F. Supp. 3d, pp. 187–188. 76. Federal Register, Vol. 55, No. 26 (June 26, 1990), p. 26114–26194. 77. Federal Register, Vol. 65, No. 114 (June 13, 2000), pp. 37249–37252. 78. Federal Register, Vol. 82, No. 11 (January 18, 2017), pp. 6145–6150. 79. American Forest Resource Council v. Hammond, 422 F. Supp. 3d 184 (D.D.C. 2019). 80. U.S. Department of the Interior, “Final Consent Decrees/Settlement Agreements,” https://www.doi.gov/ solicitor/transparency/final (accessed March 16, 2023). 81. Michael Doyle, “Interior Order Erases Litigation Website,” E&E News, June 17, 2022, https://www.eenews.net/ articles/interior-order-erases-litigation-website/ (accessed March 16, 2023). 82. Rob Roy Ramey, On the Origin of Specious Species (Lexington Books 2012), pp. 77–97. 83. William Perry Pendley, “Killing Jobs to Save the Sage Grouse: Junk Science, Weird Science, and Plain Nonsense,” Washington Times, May 31, 2012, https://www.washingtontimes.com/news/2012/may/31/killing- jobs-to-save-the-sage-grouse/ (accessed March 16, 2023). 84. Michael Lee, “Wyoming’s Push to Delist Grizzly Bears from Endangered Species List Faces Opposition from Anti-Hunting Group,” Fox News, January 21, 2022, https://www.foxnews.com/politics/wyoming-delist-grizzly- endangered-species-list-opposition-anti-hunting-group (accessed March 18, 2023). 85. News release, “Trump Administration Returns Management and Protection of Gray Wolves to States and Tribes Following Successful Recovery Efforts,” October 29, 2020, https://www.doi.gov/pressreleases/trump- administration-returns-management-and-protection-gray-wolves-states-and-tribes (accessed March 18, 2023). 86. 50 Code of Federal Regulations §17, and Sean Paige, “‘Rewilding’ Will Backfire on Colorado,” The Gazette, June 19, 2022, https://gazette.com/opinion/guest-column-rewilding-will-backfire-on-colorado/article_ d0016672-ed79-11ec-b027-abe62ba840a1.html (accessed March 18, 2023). 87. Madeleine C. Bottrill et al., “Is Conservation Triage Just Smart Decision Making?” Trends in Ecology & Evolution, Vol. 23, No. 12 (December 2008), pp. 649–654, https://karkgroup.org/wp-content/uploads/Bottrill-et-al-2008. pdf (accessed March 16, 2023). 88. Rob Roy Ramey II, testimony before the Committee on Resources, U.S. House of Representatives, April 8, 2014, https://naturalresources.house.gov/uploadedfiles/rameytestimony4_8.pdf (accessed March 16, 2023). 89. Surface Mining Control and Reclamation Act of 1977, Public Law 95–87. 90. Pennsylvania is the nation’s third-largest coal producer, and its state program was the model for SMCRA. 91. Federal Register, Vol. 85, No. 207 (October 26, 2020), pp. 67631–67635. 92. U.S. Department of the Interior, Office of Surface Mining Reclamation and Enforcement, “Approximate Original Contour,” INE–26, June 23, 2020, https://www.osmre.gov/sites/default/files/pdfs/directive1003.pdf (accessed March 18, 2023). 93. Tim Gallaudet and Timothy R. Petty, “Federal Action Plan for Improving Forecasts of Water Availability,” National Oceanic and Atmospheric Administration, October 2019, https://www.noaa.gov/sites/default/files/ legacy/document/2019/Oct/Federal%20Action%20Plan%20for%20Improving%20Forecasts%20of%20 Water%20Availability.pdf (accessed March 17, 2023).

Department of the Interior

Weak

Vector: 53%

Pages: 572-574AI Enhanced

AI Analysis:

"The bill focuses on transferring land to Native American tribes for cultural preservation and self-determination, while the Project 2025 policy emphasizes expediting energy development, streamlining environmental reviews, and reversing conservation measures—creating a thematic contrast rather than alignment."

Key themes:Department of the Interiorland managementfederal land policy

— 540 — Mandate for Leadership: The Conservative Promise 24. U.S. Department of the Interior, “Order No. 3354: Supporting and Improving the Federal Onshore Oil and Gas Leasing Program and Federal Solid Mineral Leasing Program, July 6, 2017, https://www.doi.gov/sites/doi.gov/ files/uploads/so_-_3354_signed.pdf (accessed March 16, 2023). 25. U.S. Department of the Interior, “Order No. 3355: Streamlining National Environmental Policy Reviews and Implementation of Executive Order 13807, “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects,” August 31, 2017, https://www.doi.gov/sites/doi.gov/ files/elips/documents/3355_-_streamlining_national_environmental_policy_reviews_and_implementation_ of_executive_order_13807_establishing_discipline_and_accountability_in_the_environmental_review_ and_permitting_process_for.pdf (accessed March 16, 2023). 26. U.S. Department of the Interior, “Order No. 3358: Executive Committee for Expedited Permitting,” October 25, 2017, https://www.doi.gov/sites/doi.gov/files/elips/documents/so_3358_executive_committee_for_ expedited_permitting_0.pdf (accessed March 16, 2023). 27. U.S. Department of the Interior, “Order No. 3360: Rescinding Authorities Inconsistent with Secretary’s Order 3349, “American Energy Independence,” December 22, 2017, https://www.doi.gov/sites/doi.gov/files/elips/ documents/3360_-_rescinding_authorities_inconsistent_with_secretarys_order_3349_american_energy_ independence.pdf (accessed March 16, 2023). 28. U.S. Department of the Interior, “Order No. 3380: Public Notice of the Costs Associated with Developing Department of the Interior Publications and Similar Documents,” March 10, 2020, https://www.doi.gov/sites/ doi.gov/files/elips/documents/so-3398-508_0.pdf (accessed March 16, 2023). 29. U.S. Department of the Interior, “Order No. 3385: Enforcement Priorities,” September 14, 2020, https:// www.doi.gov/sites/doi.gov/files/elips/documents/signed-so-3385-enforcement-priorities.pdf (accessed March 16, 2023). 30. U.S. Department of the Interior, “Order 3389: Coordinating and Clarifying National Historic Preservation Act Section 106 Reviews,” September 14, 2020, https://www.doi.gov/sites/doi.gov/files/elips/documents/signed- so-3385-enforcement-priorities.pdf (accessed March 16, 2023). 31. Bureau of Land Management, “Updating Oil and Gas Leasing Reform: Land Use Planning and Lease Parcel Reviews,” IM 2018–034, January 31, 2018, https://www.blm.gov/policy/im-2018-034 (accessed March 16, 2023). 32. Lease Now Act, S. 4228, 117th Cong., 2nd Sess. (2022). 33. ONSHORE Act, S. 218, 116th Cong., 2nd Sess. (2019). https://www.congress.gov/bill/116th-congress/senate- bill/218/text (accessed March 18, 2023). 34. Federal Register, Vol. 87, No. 130 (July 8, 2022), pp. 40859–40863. 35. The Biden Administration’s 2023–2028 proposed program is fatally flawed. Katie Tubb, “Comment for the 2023–2028 National OCS Oil and Gas Leasing Proposed Program,” BOEM–2022–0031, October 6, 2022, http:// thf_media.s3.amazonaws.com/2022/Regulatory_Comments/BOEM%202023-2028%20lease%20plan%20 comment%20KTubb.pdf (accessed March 16, 2023). 36. See Inflation Reduction Act of 2022, Public Law No. 117–169, §§ 50261–50263. 37. Tax Cuts and Jobs Act of 2017, Public Law No. 115–97, § 20001, and U.S. Department of the Interior, “Order No. 3401: Comprehensive Analysis and Temporary Halt on All Activities in the Arctic National Wildlife Refuge Relating to the Coastal Plain Oil and Gas Leasing Program,” June 1, 2021, https://www.doi.gov/sites/doi.gov/files/elips/ documents/so-3401-comprehensive-analysis-and-temporary-halt-on-all-activitives-in-the-arctic-national- wildlife-refuge-relating-to-the-coastal-plain-oil-and-gas-leasing-program.pdf (accessed March 16, 2023). 38. In 2016, Interior Secretary Sally Jewell instituted a moratorium on new coal leases while conducting a programmatic environmental impact statement under NEPA to address concerns about competition and inconsistency with the Obama Administration’s climate policy. In 2017, Interior Secretary Ryan Zinke lifted the moratorium and ended development of a programmatic environmental impact statement. In April 2021, Interior Secretary Debra Haaland rescinded Zinke’s order and initiated a new review of the coal-leasing program. See U.S. Department of the Interior, “Order No. 3338: Discretionary Programmatic Environmental Impact Statement to Modernize the Federal Coal Program,” January 15, 2016, https://www.doi.gov/sites/doi. gov/files/elips/documents/archived-3338_-discretionary_programmatic_environmental_impact_statement_ to_modernize_the_federal_coal_program.pdf (accessed March 16, 2023); U.S. Department of the Interior, “Order No. 3348”; U.S. Department of the Interior, “Order No. 3398”; and Federal Register, Vol. 86, No. 159 (August 20, 2021), pp. 46873–46877. — 541 — Department of the Interior 39. Katie Tubb, “No More Standoffs: Protecting Federal Employees and Ending the Culture of Anti-Government Attacks and Abuse,” testimony before the Subcommittee on National Parks, Forests, and Public Lands, Committee on Natural Resources, U.S. House of Representatives, pp. 2–4, October 22, 2019, https://congress. gov/116/meeting/house/110104/witnesses/HHRG-116-II10-Wstate-TubbK-20191022.pdf (accessed March 16, 2023). 40. News release, “Secretary Haaland Announces Steps to Establish Protections for Culturally Significant Chaco Canyon Landscape,” U.S. Department of the Interior, November 15, 2021, https://www.doi.gov/pressreleases/ secretary-haaland-announces-steps-establish-protections-culturally-significant-chaco (accessed March 16, 2023); News release, “Biden–Harris Administration Proposes Protections for Thompson Divide,” U.S. Department of the Interior, October 12, 2022, https://www.doi.gov/pressreleases/biden-harris-administration- proposes-protections-thompson-divide (accessed March 16, 2023); News release, “Biden Administration Takes Action to Complete Study of Boundary Waters Area Watershed,” U.S. Department of the Interior, October 20, 2021, https://www.doi.gov/pressreleases/biden-administration-takes-action-complete-study-boundary- waters-area-watershed (accessed March 16, 2023); and News release, “Interior Department Takes Action on Mineral Leases Improperly Renewed in the Watershed of the Boundary Waters Wilderness,” U.S. Department of the Interior, January 26, 2022, https://www.doi.gov/pressreleases/interior-department-takes-action- mineral-leases-improperly-renewed-watershed-boundary (accessed March 16, 2023). 41. Endangered Species Act, Public Law 91–135, § 4(b)(2), and Federal Register, Vol. 85, No. 244 (December 18, 2020), pp. 82376–82389. 42. U.S. Fish and Wildlife Service, “Governing the Take of Migratory Birds Under the Migratory Bird Treaty Act.” https://www.fws.gov/regulations/mbta (accessed March 16, 2023). 43. Dino Grandoni and Anna Phillips, “Biden Restores Climate Safeguards in Key Environmental Law, Reversing Trump,” Washington Post, April 19, 2022, https://www.washingtonpost.com/climate- environment/2022/04/19/biden-nepa-climate-trump/ (accessed March 16, 2023). 44. Donald Trump, “Executive Order on Creating Schedule F in the Accepted Service,” Executive Order 13957, October 21, 2020, https://trumpwhitehouse.archives.gov/presidential-actions/executive-order-creating- schedule-f-excepted-service/ (accessed March 16, 2023). 45. Kathleen Masterson, “Nevada Wild Horse Population Skyrockets To New High,” KUNR Public Radio, July 22, 2019, https://www.kunr.org/energy-and-environment/2019-07-22/nevada-wild-horse-population-skyrockets- to-new-high (accessed March 20, 2023). 46. U.S. Department of the Interior, Bureau of Land Management, “Report to Congress: An Analysis of Achieving a Sustainable Horse and Burro Program,” Fact sheet, May 8, 2020, https://www.blm.gov/sites/blm.gov/files/ Final%20Fact%20Sheet%20WHB%20Report%20To%20Congress.pdf (accessed March 17, 2023). 47. Pendley, Sagebrush Rebel, pp. 45–47. 48. James D. Linxwiler, The Alaska Native Claims Settlement Act At 35: Delivering on the Promise, Rocky Mountain Mineral Law Institute, Vol. 53, Chap. 12 (2007), § 12.03(1)(a)(iv), https://www.guessrudd.com/wp-content/ uploads/sites/1600422/2020/05/The-Alaska-Native-Claims-Settlement-Act-at-35.pdf (accessed March 16, 2023). 49. Ibid., § 12.03(1)(a)(vii). See generally Richard S. Jones, Alaska Native Claims Settlement Act of 1971 (Public Law 92–203): History And Analysis Together With Subsequent Amendments, Report No. 81–127 GOV, June 1, 1981, http://www.alaskool.org/PROJECTS/ANCSA/reports/rsjones1981/ANCSA_History71.htm (accessed March 16, 2023). 50. 43 U.S. Code, Ch. 33. ANCSA also created 12 Native-owned regional corporations and authorized $962 million in “seed money.” Linxwiler, The Alaska Native Claims Settlement Act At 35, § 12.03(2)(e). 51. ANCSA provided that the withdrawal of the lands would expire in 1978 if Congress had not designated the lands as federal enclaves. John K. Norman Cole and Steven W. Silver, Alaska’s D-2 Lands, Rocky Mountain Mineral Law Institute, Vol. 6B, Ch. 5, September 1978, and Raymond A. Peck, Jr., And Then There Were None: Evolving Federal Restraints on the Availability of Public Lands for Mineral Development, Rocky Mountain Mineral Law Institute, Vol. 25, Ch. 3, 1979. 52. Andrus used purported authority under the FLPMA to withdraw 40 million acres, and Carter used purported authority under the Antiquities Act of to withdraw 56 million acres. James D. Linxwiler, The Alaska Native Claims Settlement Act: The First Twenty Years, Rocky Mountain Mineral Law Institute, Vol. 38 Ch. 2, 1992 at 2.04(8)(c), https://ancsa.lbblawyers.com/wp-content/uploads/ANCSA-Paper-with-Table-of-Contents-1992.pdf (accessed March 16, 2023).

Showing 3 of 5 policy matches

About These Correlations

Policy matches are calculated using a hybrid approach: initial candidates are found using semantic similarity between bill summaries and Project 2025 policy text, then an AI model (Llama 3.1 70B) provides detailed alignment ratings and analysis. Ratings range from 1 (minimal alignment) to 5 (very strong alignment). This analysis does not imply direct causation or intent.

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