Historic Roadways Protection Act

— 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.

— 527 — Department of the Interior Bay in Alaska; to expand recreation across BLM’s vast, diverse, and unique land- scapes; or to manage timber and rangelands to prevent wildfires, would all journey to Grand Junction. Convention opportunities on Colorado’s western slope would abound for BLM’s disparate constituencies to congregate and meet with BLM leadership. The Western States Sheriffs’ Association, for example, whose annual gathering attracts hundreds of law enforcement officers from 17 western and plains states might have moved its event to Grand Junction. Law Enforcement Officers. In 2002, at the direction of the Secretary of the Interior in the days following the 9/11 attack, the Inspector General (IG) for DOI made a series of department-wide recommendations regarding law enforcement. Then-Secretary of the Interior Gale Norton ordered adoption of those recom- mendations, which drew strong bipartisan support from Congress. Over the years, most were implemented. One, however, remained undone: placing all BLM law enforcement officers (LEOs), that is, its 212 Law Enforcement Rangers and 76 Special Agents, in an exclusively law enforcement chain of command. This was not just the IG’s recommendation in 2002, but that of every IG who fol- lowed. It is also the strong recommendation of the department’s top LEO. Moreover, it has been the urgent recommendation of law enforcement professionals across the country, especially in the West, for decades, including the Western States Sher- iffs Association. Unfortunately, over time, BLM leadership stonewalled, adhering to a haphazard system in which LEOs reported to non-LEO superiors, including not only state directors, but also district and field managers with expertise in other fields—range management or petroleum engineering, for example—with only 24 hours of law enforcement study. Obviously, those managers lack a comprehensive understanding of law enforcement issues—constitutional, legal, and tactical. In addition, they do not uniformly apply or enforce rules of conduct or ethical stan- dards for LEOs and special agents, leading to weakened esprit de corps and morale. Worse yet, because of their duties as managers of the multiple-use lands under their jurisdiction, they are exposed to conflicts of interests and may intentionally or unintentionally prevent LEOs from investigating violations or applying the law. In the final days of the Trump Administration, Secretary David L. Bernhardt ordered, and Deputy Director William Perry Pendley implemented, the IG’s recom- mendation. Of course, leadership heads exploded; they were furious with their loss of authority, not to mention subordinates and budgets. Unfortunately, in the first days of the Biden Administration, BLM Deputy Director Mike Nedd suspended Pendley’s order. Nonetheless, LEOs, the BLM, and westerners want LEOs—who make life-and- death decisions—to be as well-trained and well-equipped as possible. They should report to a professional, expert, and knowledgeable chain of command. After all, they protect visitors to BLM lands and the natural and cultural resources of those lands, as well as the employees who manage those lands. — 528 — Mandate for Leadership: The Conservative Promise BLM’s LEOs must keep in touch, work closely, and coordinate with fellow fed- eral, state, and local law enforcement officers. In the Trump Administration, they joined state and local law enforcement in arresting dangerous suspects in Cortez, Colorado; responded to a request from a rural sheriff in Arizona to rescue a family stuck in freezing temperatures; and, teamed up in an all-hands-on-deck effort to locate a missing American Indian teenager in rural Montana. More important, western LEOs need the assurance that the BLM LEOs with whom they work are professionals who report through a professional chain of command. Wild Horses and Burros. In 1971, Congress ordered the BLM to manage wild horses and burros to ensure their iconic presence never disappeared from the western landscape. For decades, Congress watched as these herds overwhelmed the land’s ability to sustain them, crowded out indigenous plant and other animal species, threatened the survival of species listed under the Endangered Species Act, invaded private and permitted public land, disturbed private property rights, and turned the sod into concrete. BLM experts said in 2019 that some affected land will never recover from this unmitigated damage. There are 95,000 wild horses and burros roaming nearly 32 million acres in the West—triple what scientists and land management experts say the range can sup- port. These animals face starvation and death from lack of forage and water. The population has more than doubled in just the past 10 years and continues to grow at a rate of 10 to 15 percent annually. This number includes the more than 47,000 animals the BLM has already gathered from public lands, at a cost to the American taxpayer of nearly $50 million annually to care for them in off-range corrals. This is not a new issue—it is not just a western issue—it is an American issue. What is happening to these once-proud beasts of burden is neither compassionate nor humane, and what these animals are doing to federal lands and fragile ecosys- tems is unacceptable. In 2019, the American Association of Equine Practitioners and the American Veterinary Medication Association—two of the largest organi- zations of professional veterinarians in the world—issued a joint policy calling for further reducing overpopulation to protect the health and well-being of wild horses and burros on public lands. The National Wild Horse and Burro Advisory Board, a panel of nine experts and professionals convened to advise the BLM, endorsed the joint policy. Furthermore, animal welfare organizations such as the American Society for the Prevention of Cruelty to Animals and the Humane Society of the United States recognize that the prosperity of wild horses and burros on public lands is threatened if herds continue to grow unabated. The BLM’s multi-pronged approach in its 2020 Report to Congress46 included expanded adoptions and sales of horses gathered from overpopulated herds; increased gathers and increased capacity for off-range holding facilities and pas- tures; more effective use of fertility control efforts; and improved research, in concert with the academic and veterinary communities, to identify more effective

— 527 — Department of the Interior Bay in Alaska; to expand recreation across BLM’s vast, diverse, and unique land- scapes; or to manage timber and rangelands to prevent wildfires, would all journey to Grand Junction. Convention opportunities on Colorado’s western slope would abound for BLM’s disparate constituencies to congregate and meet with BLM leadership. The Western States Sheriffs’ Association, for example, whose annual gathering attracts hundreds of law enforcement officers from 17 western and plains states might have moved its event to Grand Junction. Law Enforcement Officers. In 2002, at the direction of the Secretary of the Interior in the days following the 9/11 attack, the Inspector General (IG) for DOI made a series of department-wide recommendations regarding law enforcement. Then-Secretary of the Interior Gale Norton ordered adoption of those recom- mendations, which drew strong bipartisan support from Congress. Over the years, most were implemented. One, however, remained undone: placing all BLM law enforcement officers (LEOs), that is, its 212 Law Enforcement Rangers and 76 Special Agents, in an exclusively law enforcement chain of command. This was not just the IG’s recommendation in 2002, but that of every IG who fol- lowed. It is also the strong recommendation of the department’s top LEO. Moreover, it has been the urgent recommendation of law enforcement professionals across the country, especially in the West, for decades, including the Western States Sher- iffs Association. Unfortunately, over time, BLM leadership stonewalled, adhering to a haphazard system in which LEOs reported to non-LEO superiors, including not only state directors, but also district and field managers with expertise in other fields—range management or petroleum engineering, for example—with only 24 hours of law enforcement study. Obviously, those managers lack a comprehensive understanding of law enforcement issues—constitutional, legal, and tactical. In addition, they do not uniformly apply or enforce rules of conduct or ethical stan- dards for LEOs and special agents, leading to weakened esprit de corps and morale. Worse yet, because of their duties as managers of the multiple-use lands under their jurisdiction, they are exposed to conflicts of interests and may intentionally or unintentionally prevent LEOs from investigating violations or applying the law. In the final days of the Trump Administration, Secretary David L. Bernhardt ordered, and Deputy Director William Perry Pendley implemented, the IG’s recom- mendation. Of course, leadership heads exploded; they were furious with their loss of authority, not to mention subordinates and budgets. Unfortunately, in the first days of the Biden Administration, BLM Deputy Director Mike Nedd suspended Pendley’s order. Nonetheless, LEOs, the BLM, and westerners want LEOs—who make life-and- death decisions—to be as well-trained and well-equipped as possible. They should report to a professional, expert, and knowledgeable chain of command. After all, they protect visitors to BLM lands and the natural and cultural resources of those lands, as well as the employees who manage those lands.