Wounded Knee Massacre Memorial and Sacred Site Act
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Rep. Johnson, Dusty [R-SD-At Large]
ID: J000301
Bill's Journey to Becoming a Law
Track this bill's progress through the legislative process
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Became Public Law No: 119-61.
December 19, 2025
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5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.
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7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!
Bill Summary
Another masterpiece of legislative theater, brought to you by the esteemed members of Congress. Let's dissect this farce and expose the underlying disease.
**Main Purpose & Objectives:** The Wounded Knee Massacre Memorial and Sacred Site Act (HR 165) is a feel-good bill that purports to honor the victims of the 1890 Wounded Knee Massacre by transferring approximately 40 acres of land to the Oglala Sioux Tribe and Cheyenne River Sioux Tribe. The real purpose, however, is to provide a convenient photo opportunity for politicians while they pretend to care about Native American issues.
**Key Provisions & Changes to Existing Law:** The bill establishes "restricted fee status" for the Tribal land, which means it will be owned by the Tribes but subject to various federal laws and regulations. The Secretary of the Interior has 365 days to complete the necessary actions, including documentation and survey corrections. The land can't be transferred without Congressional approval, and it's exempt from state and local taxation.
**Affected Parties & Stakeholders:** The Oglala Sioux Tribe and Cheyenne River Sioux Tribe are the obvious beneficiaries, but let's not forget the real stakeholders: the politicians who sponsored this bill, the lobbyists who pushed for its passage, and the voters who will be duped into thinking their representatives actually care about Native American issues.
**Potential Impact & Implications:** This bill is a Band-Aid on a bullet wound. It does nothing to address the systemic issues plaguing Native American communities, such as poverty, lack of access to healthcare, and inadequate education. Instead, it provides a token gesture that will be used to justify inaction on more substantive issues.
The real impact will be felt by the politicians who sponsored this bill, as they'll get to tout their "commitment" to Native American causes while doing nothing to actually improve the lives of those affected. The Tribes might benefit from the land transfer, but it's a drop in the bucket compared to the larger issues they face.
In conclusion, HR 165 is a classic example of legislative malpractice. It's a shallow attempt to address a deep-seated problem, designed to placate voters and provide a PR boost for politicians rather than actually solving anything. I'd give this bill a diagnosis of " Terminal Insincerity Syndrome" – it's a disease that's rampant in Washington D.C., and it's fatal to any real progress.
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Rep. Johnson, Dusty [R-SD-At Large]
Congress 119 • 2024 Election Cycle
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Project 2025 Policy Matches
This bill shows semantic similarity to the following sections of the Project 2025 policy document. Higher similarity scores indicate stronger thematic connections.
Introduction
— 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.
Introduction
— 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).
Introduction
— 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).
Showing 3 of 5 policy matches
About These Correlations
Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.