Fire Island AIDS Memorial Act

— 154 — Mandate for Leadership: The Conservative Promise insurance at prices lower than the actuarially fair rate, thereby subsidizing flood insurance. Then, when flood costs exceed NFIP’s revenue, FEMA seeks taxpay- er-funded bailouts. Current NFIP debt is $20.5 billion, and in 2017, Congress canceled $16 billion in debt when FEMA reached its borrowing authority limit. These subsidies and bailouts only encourage more development in flood zones, increasing the potential losses to both NFIP and the taxpayer. The NFIP should be wound down and replaced with private insurance starting with the least risky areas currently identified by the program. Budget Issues FEMA manages all grants for DHS, and these grants have become pork for states, localities, and special-interest groups. Since 2002, DHS/FEMA have provided more than $56 billion in preparedness grants for state, local, tribal, and territorial governments. For FY 2023, President Biden requested more than $3.5 billion for federal assistance grants.13 Funds provided under these programs do not provide measurable gains for preparedness or resiliency. Rather, more than any objective needs, political interests appear to direct the flow of nondisaster funds. The principles of federalism should be upheld; these indicate that states better understand their unique needs and should bear the costs of their particularized programs. FEMA employees in Washington, D.C., should not determine how bil- lions of federal tax dollars should be awarded to train local law enforcement officers in Texas, harden cybersecurity infrastructure in Utah, or supplement migrant shelters in Arizona. DHS should not be in the business of handing out federal tax dollars: These grants should be terminated. Accomplishing this, however, will require action by Members of Congress who repeatedly vote to fund grants for political reasons. The transition should focus on building resilience and return on investment in line with real threats. Personnel FEMA currently has four Senate-confirmed positions. Only the Administrator should be confirmed by the Senate; other political leadership need not be con- firmed by the Senate. Additionally, FEMA’s “springing Cabinet position” should be eliminated, as this creates significant unnecessary challenges to the functioning of the whole of DHS at points in time when coordinated responses are most needed. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY (CISA) Needed Reforms CISA is supposed to have two key roles: (1) protection of the federal civilian government networks (.gov) while coordinating the execution of national cyber defense and sharing information with non-federal and private-sector partners — 155 — Department of Homeland Security and (2) national coordination of critical infrastructure security and resilience. Yet CISA has rapidly expanded its scope into lanes where it does not belong, the most recent and most glaring example being censorship of so-called misinformation and disinformation. CISA’s funding and resources should align narrowly with the foregoing two mission requirements. The component’s emergency communications and Chem- ical Facility Anti-Terrorism Standards (CFATS) roles should be moved to FEMA; its school security functions should be transferred to state homeland security offices; and CISA should refrain from duplicating cybersecurity functions done elsewhere at the Department of Defense, FBI, National Security Agency, and U.S. Secret Service. Of the utmost urgency is immediately ending CISA’s counter-mis/disinforma- tion efforts. The federal government cannot be the arbiter of truth. CISA began this work because of alleged Russian misinformation in the 2016 election, which in fact turned out to be a Clinton campaign “dirty trick.” The Intelligence Commu- nity, including the NSA or DOD, should counter foreign actors. At the time of this writing, release of the Twitter Files has demonstrated that CISA has devolved into an unconstitutional censoring and election engineering apparatus of the political Left. In any event, the entirety of the CISA Cybersecurity Advisory Committee should be dismissed on Day One. For election security, CISA should help states and localities assess whether they have good cyber hygiene in their hardware and software in preparation for an election—but nothing more. This is of value to smaller localities, particularly by flagging who is attacking their websites. CISA should not be significantly involved closer to an election. Nor should it participate in messaging or propaganda. U.S. COAST GUARD (USCG) Needed Reforms The U.S. Coast Guard fleet should be sized to the needs of great-power compe- tition, specifically focusing efforts and investment on protecting U.S. waters, all while seeking to find (where feasible) more economical ways to perform USCG missions. The scope of the Coast Guard’s mission needs to be focused on protecting U.S. resources and interests in its home waters, specifically its Exclusive Economic Zone (200 miles from shore). USCG’s budget should address the growing demand for it to address the increasing threat from the Chinese fishing fleet in home waters as well as narcotics and migrant flows in the Caribbean and Eastern Pacific. Doing this will require reversing years of shortfalls in shipbuilding, maintenance, and upgrades of shore facilities as well as seeking more cost-effective ship and facility designs. In wartime, the USCG supports the Navy, but it has limited capability and capacity to support wartime missions outside home waters.

— 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).

— 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).