GEO Act

— 413 — Department of Energy and Related Commissions 62. U.S. Department of Energy, Federal Energy Management Program, “About the Federal Energy Management Program: Mission and Stakeholders,” https://www.energy.gov/eere/femp/about-federal-energy- management-program (accessed February 13, 2023). 63. See, for example, 42 U.S. Code § 8252, https://www.law.cornell.edu/uscode/text/42/8252 (accessed February 13, 2023); § 8253, https://www.law.cornell.edu/uscode/text/42/8253 (accessed February 13, 2023); § 8254, https://www.law.cornell.edu/uscode/text/42/8254 (accessed February 13, 2023); § 8255, https://www.law. cornell.edu/uscode/text/42/8255 (accessed February 13, 2023); § 8256, https://www.law.cornell.edu/uscode/ text/42/8256 (accessed February 13, 2023); § 8257, https://www.law.cornell.edu/uscode/text/42/8257 (accessed February 13, 2023); § 8258, https://www.law.cornell.edu/uscode/text/42/8258 (accessed February 13, 2023); § 8259b, https://www.law.cornell.edu/uscode/text/42/8258b (accessed February 13, 2023); § 15852, https://www.law.cornell.edu/uscode/text/42/15852 (accessed February 13, 2023); and § 17143, https://www. law.cornell.edu/uscode/text/42/17143 (accessed February 13, 2023). 64. President Donald J. Trump, Executive Order 13834, “Efficient Federal Operations,” May 17, 2018, Federal Register, Vol. 83, No. 99 (May 22, 2018), pp. 23771–23774, https://www.govinfo.gov/content/pkg/FR-2018-05- 22/pdf/2018-11101.pdf (accessed February 28, 2023). 65. U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, “FY 2022 Request Overview Briefing,” June 2021, p. 11, https://www.energy.gov/sites/default/files/2021-06/FY2022-EERE-budget-request- energy-efficiency.pdf (accessed February 28, 2023). 66. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional Budget Request, Budget in Brief, pp. 19 and 21. 67. U.S. Department of Energy, Clean Energy Corps, “Careers,” https://www.energy.gov/CleanEnergyCorps (accessed March 13, 2023). 68. Ibid. 69. U.S. Department of Energy, “DOE Kicks Off Recruitment to Support Implementation of Bipartisan Infrastructure Law,” January 13, 2022, https://www.energy.gov/articles/doe-kicks-recruitment-support- implementation-bipartisan-infrastructure-law (accessed March 13, 2023). 70. U.S. Department of Energy, Energy Information Administration, “About EIA,” https://www.eia.gov/about/ (accessed February 13, 2023). 71. U.S. Department of Energy, Energy Information Administration, “Levelized Costs of New Generation Resources in the Annual Energy Outlook 2022,” March 2022, p. 1, https://www.eia.gov/outlooks/aeo/pdf/electricity_ generation.pdf (accessed March 13, 2023). 72. U.S. Department of Energy, U.S. Energy Information Administration, Direct Federal Financial Interventions and Subsidies in Energy in Fiscal Year 2016, April 2018, https://www.eia.gov/analysis/requests/subsidy/pdf/subsidy. pdf (accessed March 1, 2023). 73. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional Budget Request, Budget in Brief, pp. 19, 24, and 105. 74. U.S. Department of Energy, Office of International Affairs, “Mission: Our Mission,” https://www.energy.gov/ia/ our-mission (accessed February 13, 2023). 75. U.S. Department of Energy, Office of International Affairs, “Priorities: Our Objectives,” https://www.energy. gov/ia/priorities (accessed February 13, 2023). 76. Editorial Board, “Biden Signs Up for Climate Reparations,” The Wall Street Journal, November 20, 2022, https://www.wsj.com/articles/biden-signs-up-for-climate-change-reparations-europe-fund-un-john-kerry- poor-countries-bank-capitalism-11668974219 (accessed February 13, 2023). 77. U.S. Department of Energy, Arctic Energy Office, “About the Arctic Energy Office,” https://www.energy.gov/ arctic/about-arctic-energy-office (accessed March 1, 2023). 78. National Strategy for the Arctic Region, The White House, October 2022, https://www.whitehouse.gov/wp- content/uploads/2022/10/National-Strategy-for-the-Arctic-Region.pdf (accessed March 13, 2023). 79. U.S. Department of Energy, Office of Intelligence and Counterintelligence website, https://www.energy.gov/ intelligence/office-intelligence-and-counterintelligence (accessed February 13, 2023). 80. See U.S. Department of Energy, Office of Policy, “Publications,” https://www.energy.gov/policy/office-policy (accessed February 13, 2023).

— 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.

— 413 — Department of Energy and Related Commissions 62. U.S. Department of Energy, Federal Energy Management Program, “About the Federal Energy Management Program: Mission and Stakeholders,” https://www.energy.gov/eere/femp/about-federal-energy- management-program (accessed February 13, 2023). 63. See, for example, 42 U.S. Code § 8252, https://www.law.cornell.edu/uscode/text/42/8252 (accessed February 13, 2023); § 8253, https://www.law.cornell.edu/uscode/text/42/8253 (accessed February 13, 2023); § 8254, https://www.law.cornell.edu/uscode/text/42/8254 (accessed February 13, 2023); § 8255, https://www.law. cornell.edu/uscode/text/42/8255 (accessed February 13, 2023); § 8256, https://www.law.cornell.edu/uscode/ text/42/8256 (accessed February 13, 2023); § 8257, https://www.law.cornell.edu/uscode/text/42/8257 (accessed February 13, 2023); § 8258, https://www.law.cornell.edu/uscode/text/42/8258 (accessed February 13, 2023); § 8259b, https://www.law.cornell.edu/uscode/text/42/8258b (accessed February 13, 2023); § 15852, https://www.law.cornell.edu/uscode/text/42/15852 (accessed February 13, 2023); and § 17143, https://www. law.cornell.edu/uscode/text/42/17143 (accessed February 13, 2023). 64. President Donald J. Trump, Executive Order 13834, “Efficient Federal Operations,” May 17, 2018, Federal Register, Vol. 83, No. 99 (May 22, 2018), pp. 23771–23774, https://www.govinfo.gov/content/pkg/FR-2018-05- 22/pdf/2018-11101.pdf (accessed February 28, 2023). 65. U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, “FY 2022 Request Overview Briefing,” June 2021, p. 11, https://www.energy.gov/sites/default/files/2021-06/FY2022-EERE-budget-request- energy-efficiency.pdf (accessed February 28, 2023). 66. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional Budget Request, Budget in Brief, pp. 19 and 21. 67. U.S. Department of Energy, Clean Energy Corps, “Careers,” https://www.energy.gov/CleanEnergyCorps (accessed March 13, 2023). 68. Ibid. 69. U.S. Department of Energy, “DOE Kicks Off Recruitment to Support Implementation of Bipartisan Infrastructure Law,” January 13, 2022, https://www.energy.gov/articles/doe-kicks-recruitment-support- implementation-bipartisan-infrastructure-law (accessed March 13, 2023). 70. U.S. Department of Energy, Energy Information Administration, “About EIA,” https://www.eia.gov/about/ (accessed February 13, 2023). 71. U.S. Department of Energy, Energy Information Administration, “Levelized Costs of New Generation Resources in the Annual Energy Outlook 2022,” March 2022, p. 1, https://www.eia.gov/outlooks/aeo/pdf/electricity_ generation.pdf (accessed March 13, 2023). 72. U.S. Department of Energy, U.S. Energy Information Administration, Direct Federal Financial Interventions and Subsidies in Energy in Fiscal Year 2016, April 2018, https://www.eia.gov/analysis/requests/subsidy/pdf/subsidy. pdf (accessed March 1, 2023). 73. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional Budget Request, Budget in Brief, pp. 19, 24, and 105. 74. U.S. Department of Energy, Office of International Affairs, “Mission: Our Mission,” https://www.energy.gov/ia/ our-mission (accessed February 13, 2023). 75. U.S. Department of Energy, Office of International Affairs, “Priorities: Our Objectives,” https://www.energy. gov/ia/priorities (accessed February 13, 2023). 76. Editorial Board, “Biden Signs Up for Climate Reparations,” The Wall Street Journal, November 20, 2022, https://www.wsj.com/articles/biden-signs-up-for-climate-change-reparations-europe-fund-un-john-kerry- poor-countries-bank-capitalism-11668974219 (accessed February 13, 2023). 77. U.S. Department of Energy, Arctic Energy Office, “About the Arctic Energy Office,” https://www.energy.gov/ arctic/about-arctic-energy-office (accessed March 1, 2023). 78. National Strategy for the Arctic Region, The White House, October 2022, https://www.whitehouse.gov/wp- content/uploads/2022/10/National-Strategy-for-the-Arctic-Region.pdf (accessed March 13, 2023). 79. U.S. Department of Energy, Office of Intelligence and Counterintelligence website, https://www.energy.gov/ intelligence/office-intelligence-and-counterintelligence (accessed February 13, 2023). 80. See U.S. Department of Energy, Office of Policy, “Publications,” https://www.energy.gov/policy/office-policy (accessed February 13, 2023). — 414 — Mandate for Leadership: The Conservative Promise 81. U.S. Department of Energy, Office of Technology Transitions, “About Us: Mission,” https://www.energy.gov/ technologytransitions/mission-0 (accessed February 13, 2023). 82. Advanced Scientific Computing Research (ASCR); Basic Energy Sciences (BES); Biological and Environmental Research (BER); Fusion Energy Sciences (FES); High-Energy Physics (HEP); Nuclear Physics (NP); Isotope R&D and Production (IRP); and Accelerator R&D and Production (ARDAP). U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional Budget Request, Volume 5, Science, April 2022, pp. 10–14, https://www.energy.gov/sites/default/files/2022-05/doe-fy2023-budget-volume-5- science-v2.pdf (accessed March 1, 2023). 83. For example, the CHIPS and Science Act authorizes $50 billion for the Office of Science. U.S. Department of Energy, “Statement by Secretary Granholm on Congressional Passage of the CHIPS and Science Act,” July 28, 2022, https://www.energy.gov/articles/statement-secretary-granholm-congressional-passage-chips-and- science-act (accessed February 13, 2023). 84. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional Budget Request, Volume 5, Science, April 2022, p. 7, https://www.energy.gov/sites/default/files/2022-05/doe- fy2023-budget-volume-5-science-v2.pdf (accessed March 2, 2023). 85. U.S. Department of Energy, Office of Environmental Management, “Mission,” https://www.energy.gov/em/ mission (accessed March 1, 2023). 86. U.S. Department of Energy, Office of Environmental Management, “Cleanup Sites,” https://www.energy.gov/ em/cleanup-sites (accessed March 1, 2023). 87. U.S. Government Accountability Office, “DOE’s Environmental Liability,” GAO-21-585R, June 2021, p. 2, https:// www.gao.gov/assets/gao-21-585r.pdf (accessed March 13, 2023). 88. Chart, “EM’s Annual Spending and Estimated Environmental Liability (Fiscal Years 2011–2020),” in ibid., p. 1. 89. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional Budget Request, Volume 6, Environmental Management, April 2022, p. 53, https://www.energy.gov/sites/ default/files/2022-09/doe-fy2023-budget-volume-6-em-v3.pdf (accessed March 1, 2023). 90. Ibid. 91. U.S. Government Accountability Office, Nuclear Waste: DOE Needs Greater Leadership Stability and Commitment to Accomplish Cleanup Mission, GAO-22-104805, https://www.gao.gov/assets/gao-22-104805. pdf#:~:text=DOE%20Needs%20Greater%20Leadership%20Stability%20and%20Commitment%20to,May%20 2022%20GAO-22-104805%20United%20States%20Government%20Accountability%20Office May 2022, (accessed February 14, 2023). 92. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional Budget Request, Budget in Brief, pp. 23 and 93. 93. H.R. 3809, Nuclear Waste Policy Act of 1982, Public Law No. 97-425, Title I, Subtitle B. 94. Ibid., Title III, § 304. 95. See, for example, Chapter 4, “The Need for Geologic Disposal,” in Blue Ribbon Commission on America’s Nuclear Future, Report to the Secretary of Energy, January 2012, pp. 27–31, https://www.energy.gov/sites/ default/files/2013/04/f0/brc_finalreport_jan2012.pdf (accessed February 14, 2023). 96. Press release, “DOE Announces $16 Million to Support Consent-Based Siting for Spent Nuclear Fuel,” U.S. Department of Energy, September 20, 2022, https://www.energy.gov/articles/doe-announces-16-million- support-consent-based-siting-spent-nuclear-fuel (accessed February 14, 2023). 97. U.S. Department of Energy, Agency Financial Report, Fiscal Year 2022, DOE/CF-0191, p. 58, https://www. energy.gov/sites/default/files/2022-11/fy-2022-doe-agency-financial-report.pdf (accessed March 13, 2023). 98. H.R. 3809, Nuclear Waste Policy Act of 1982, Public Law No. 97-425, Title III, § 302. 99. Ibid., p. 57. 100. Table, “Department of Energy Comparative Organization by Congressional Control, FY 2023,” p. 5, in U.S. Department of Energy, Office of the Chief Financial Officer, “FY 2023 Budget Justification: Summary Budget Documents,” https://www.energy.gov/cfo/articles/fy-2023-budget-justification (accessed March 13, 2023). 101. U.S. Department of Energy, National Nuclear Security Administration, “Missions,” https://www.energy.gov/ nnsa/missions#:~:text=NNSA%20ensures%20the%20United%20States%20maintains%20a%20safe%2C,of%20 nuclear%20and%20radiological%20terrorism%20around%20the%20world (accessed March 2, 2023).