Protecting Access for Hunters and Anglers Act

— 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 — 529 — Department of the Interior contraceptive techniques and strategies. All of that will not be enough to solve the problem, however. Congress must enact laws permitting the BLM to dispose humanely of these animals. IMMEDIATE ACTIONS REGARDING ALASKA Alaska is a special case and deserves immediate action.47 When Alaska was admitted to the Union in 1959, nearly its entire landmass was federally owned; therefore, Alaska was granted the right to select 104 million acres (out of 375 million acres) to manage for the benefit of its residents.48 In less than eight years, Alaska selected 26 million acres. Then-Interior Secretary Stewart Udall—who served during the Kennedy and Johnson Administrations—put a freeze on further land selections to protect any claims that might be asserted by Native Alaskans.49 Alaska Native Claims Settlement Act. The discovery of oil at Prudhoe Bay in 1968 made resolution of the issue by Congress a matter of urgency. As a result, in 1971, Congress passed the Alaska Native Claims Settlement Act (ANCSA), which allowed the Native community to select 44 million acres.50 Environmentalists, upset that too much of the land they coveted would be selected by the state and Native Alaskans for development, demanded the inclusion in the act of a provision—Section 17(d)(2)—that ordered the Interior Secretary to withdraw 80 million acres for future designation by Congress as parks, refuges, wild and scenic rivers, and national forests.51 The deadline for this congressional action was 1978, and as it neared, the Carter Administration, impatient and worried, decided to force Congress’s hand. The Administration unilaterally withdrew 100 million acres from any use by the state or Native Alaskans.52 Alaska promptly sued, charging that the Administration had failed to comply with the National Environmental Policy Act.53 In a lame duck session at the end of 1980, Congress passed (over the objec- tions of the Alaskan delegation) the Alaska National Interest Lands Conservation Act, which revoked all of the withdrawals of the Carter Administration and sub- stituted congressional designations that put 100 million acres permanently in federal enclaves, doubled the acreage of national parks and refuges, and tripled the amount of land declared to be wilderness.54 Through all of this, Alaska pressed for the DOI to convey the lands to which Alaska was entitled by federal law, but the department grudgingly transferred only portions of that land. By the time Ronald Reagan took office, Alaska had received less than half the lands to which it was entitled after its admission into the Union, and Native Alas- kans had received only one-third of the land due to them.55 From January of 1981 through 1983, however, under Reagan, Alaska received 30 million acres and a com- mitment of land transfers at the rate of 13 million acres annually. In the same period, Native Alaskans received 11 million acres, which constituted nearly 60 percent of their entitlement, and an additional 15 million acres were transferred by the end of 1988.56

— 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

— 318 — Mandate for Leadership: The Conservative Promise 121. U.S. Department of Agriculture, U.S. Forest Service, “FY 1905–2021 National Summary Cut and Sold Data Graphs,” https://www.fs.usda.gov/forestmanagement/documents/sold-harvest/documents/1905-2021_Natl_ Summary_Graph_wHarvestAcres.pdf (accessed December 16, 2022), and U.S. Department of Agriculture, U.S. Forest Service, “Forest Products Cut and Sold from the National Forests and Grasslands,” https://www.fs.usda. gov/forestmanagement/products/cut-sold/index.shtml (accessed December 16, 2022). 122. Donald J. Trump, “Promoting Active Management of America’s Forests, Rangelands, and Other Federal Lands to Improve Conditions and Reduce Wildfire Risk,” Executive Order 13855, December 21, 2018, https://www. govinfo.gov/content/pkg/DCPD-201800866/pdf/DCPD-201800866.pdf (accessed December 16, 2022). 123. Ibid. 124. Ibid. 125. Dietary Guidelines for Americans, https://www.dietaryguidelines.gov/ (accessed December 16, 2022). 126. Dietary Guidelines for Americans, “History of the Dietary Guidelines,” https://www.dietaryguidelines.gov/ about-dietary-guidelines/history-dietary-guidelines (accessed December 16, 2022). 127. Daren Bakst, “Extreme Environmental Agenda Hijacks Dietary Guidelines: Comment to the Advisory Committee,” The Daily Signal, July 17, 2014, https://www.dailysignal.com/2014/07/17/extreme-environmental- agenda-hijacks-dietary-guidelines-comment-advisory-committee/ (accessed December 16, 2022). 128. Healthy, Hunger-Free Kids Act of 2010, S. 3307, 111th Cong., 2nd Sess., https://www.congress.gov/bill/111th- congress/senate-bill/3307/text (accessed December 16, 2022), and Dietary Guidelines for Americans, “Current Dietary Guidelines,” https://www.dietaryguidelines.gov/usda-hhs-development-dietary-guidelines (accessed December 16, 2022). — 319 — 11 DEPARTMENT OF EDUCATION Lindsey M. Burke MISSION Federal education policy should be limited and, ultimately, the federal Depart- ment of Education should be eliminated. When power is exercised, it should empower students and families, not government. In our pluralistic society, fami- lies and students should be free to choose from a diverse set of school options and learning environments that best fit their needs. Our postsecondary institutions should also reflect such diversity, with room for not only “traditional” liberal arts colleges and research universities but also faith-based institutions, career schools, military academies, and lifelong learning programs. Elementary and secondary education policy should follow the path outlined by Milton Friedman in 1955, wherein education is publicly funded but education decisions are made by families. Ultimately, every parent should have the option to direct his or her child’s share of education funding through an education sav- ings account (ESA), funded overwhelmingly by state and local taxpayers, which would empower parents to choose a set of education options that meet their child's unique needs. States are eager to lead in K–12 education. For decades, they have acted inde- pendently of the federal government to pioneer a variety of constructive reforms and school choice programs. For example, in 2011, Arizona first piloted ESAs, which provide families roughly 90 percent of what the state would have spent on that child in public school to be used instead on education options such as private school tuition, online courses, and tutoring. In 2022, Arizona expanded the program to be available to all families.