Save Our Seas 2.0 Amendments Act

— 533 — Department of the Interior order to fulfill the yet-unaltered congressional mandate contained in federal law, to provide for jobs and well-paying employment opportunities in rural Oregon, and to ameliorate the effects of wildfires, the new Administration must immedi- ately fulfill its responsibilities and manage the O&C lands for “permanent forest production” to ensure that the timber is “sold, cut, and removed.”79 NEPA Reforms. Congress never intended for the National Environmental Policy Act to grow into the tree-killing, project-dooming, decade-spanning mon- strosity that it has become. Instead, in 1970, Congress intended a short, succinct, timely presentation of information regarding major federal action that signifi- cantly affects the quality of the human environment so that decisionmakers can make informed decisions to benefit the American people. The Trump Administration adopted common-sense NEPA reform that must be restored immediately. Meanwhile, DOI should reinstate the secretarial orders adopted by the Trump Administration, such as placing time and page limits on NEPA documents and setting forth—on page one—the costs of the document itself. Meanwhile, the new Administration should call upon Congress to reform NEPA to meet its original goal. Consideration should be given, for example, to eliminat- ing judicial review of the adequacy of NEPA documents or the rectitude of NEPA decisions. This would allow Congress to engage in effective oversight of federal agencies when prudent. Settlement Transparency. Interior Secretary David Bernhardt required DOI to prominently display and provide open access to any and all litigation settlements into which DOI or its agencies entered, and any attorneys’ fees paid for ending the litigation.80 Biden’s DOI, aware that the settlements into which it planned to enter and the attorneys’ fees it was likely to pay would cause controversy, ended this policy.81 A new Administration should reinstate it. The Endangered Species Act. The Endangered Species Act was intended to bring endangered and threatened species back from the brink of extinction and, when appropriate, to restore real habitat critical to the survival of the spe- cies. The act’s success rate, however, is dismal. Its greatest deficiency, according to one renowned expert, is “conflict of interest.”82 Specifically, the work of the Fish and Wildlife Service is the product of “species cartels” afflicted with group- think, confirmation bias, and a common desire to preserve the prestige, power, and appropriations of the agency that pays or employs them. For example, in one highly influential sage-grouse monograph, 41 percent of the authors were federal workers. The editor, a federal bureaucrat, had authored one-third of the paper.83 Meaningful reform of the Endangered Species Act requires that Congress take action to restore its original purpose and end its use to seize private prop- erty, prevent economic development, and interfere with the rights of states over their wildlife populations. In the meantime, a new Administration should take the following immediate action:

— 533 — Department of the Interior order to fulfill the yet-unaltered congressional mandate contained in federal law, to provide for jobs and well-paying employment opportunities in rural Oregon, and to ameliorate the effects of wildfires, the new Administration must immedi- ately fulfill its responsibilities and manage the O&C lands for “permanent forest production” to ensure that the timber is “sold, cut, and removed.”79 NEPA Reforms. Congress never intended for the National Environmental Policy Act to grow into the tree-killing, project-dooming, decade-spanning mon- strosity that it has become. Instead, in 1970, Congress intended a short, succinct, timely presentation of information regarding major federal action that signifi- cantly affects the quality of the human environment so that decisionmakers can make informed decisions to benefit the American people. The Trump Administration adopted common-sense NEPA reform that must be restored immediately. Meanwhile, DOI should reinstate the secretarial orders adopted by the Trump Administration, such as placing time and page limits on NEPA documents and setting forth—on page one—the costs of the document itself. Meanwhile, the new Administration should call upon Congress to reform NEPA to meet its original goal. Consideration should be given, for example, to eliminat- ing judicial review of the adequacy of NEPA documents or the rectitude of NEPA decisions. This would allow Congress to engage in effective oversight of federal agencies when prudent. Settlement Transparency. Interior Secretary David Bernhardt required DOI to prominently display and provide open access to any and all litigation settlements into which DOI or its agencies entered, and any attorneys’ fees paid for ending the litigation.80 Biden’s DOI, aware that the settlements into which it planned to enter and the attorneys’ fees it was likely to pay would cause controversy, ended this policy.81 A new Administration should reinstate it. The Endangered Species Act. The Endangered Species Act was intended to bring endangered and threatened species back from the brink of extinction and, when appropriate, to restore real habitat critical to the survival of the spe- cies. The act’s success rate, however, is dismal. Its greatest deficiency, according to one renowned expert, is “conflict of interest.”82 Specifically, the work of the Fish and Wildlife Service is the product of “species cartels” afflicted with group- think, confirmation bias, and a common desire to preserve the prestige, power, and appropriations of the agency that pays or employs them. For example, in one highly influential sage-grouse monograph, 41 percent of the authors were federal workers. The editor, a federal bureaucrat, had authored one-third of the paper.83 Meaningful reform of the Endangered Species Act requires that Congress take action to restore its original purpose and end its use to seize private prop- erty, prevent economic development, and interfere with the rights of states over their wildlife populations. In the meantime, a new Administration should take the following immediate action: — 534 — Mandate for Leadership: The Conservative Promise l Delist the grizzly bear in the Greater Yellowstone and Northern Continental Divide Ecosystems and defend to the Supreme Court of the United States the agency’s fact-based decision to do so.84 l Delist the gray wolf in the lower 48 states in light of its full recovery under the ESA.85 l Cede to western states jurisdiction over the greater sage-grouse, recognizing the on-the-ground expertise of states and preventing use of the sage-grouse to interfere with public access to public land and economic activity. l Direct the Fish and Wildlife Service to end its abuse of Section 10(j) of the ESA by re-introducing so-called “experiment species” populations into areas that no longer qualify as habitat and lie outside the historic ranges of those species, which brings with it the full weight of the ESA in areas previously without federal government oversight.86 l Direct the Fish and Wildlife Service to design and implement an impartial conservation triage program by prioritizing the allocation of limited resources to maximize conservation returns, relative to the conservation goals, under a constrained budget.87 l Direct the Fish and Wildlife Service to make all data used in ESA decisions available to the public, with limited or no exceptions, to fulfill the public’s right to know and to prevent the agency’s previous opaque decision-making. l Abolish the Biological Resources Division of the U.S. Geological Survey and obtain necessary scientific research about species of concern from universities via competitive requests for proposals. l Direct the Fish and Wildlife Service to: (1) design and implement an Endangered Species Act program that ensures independent decision- making by ending reliance on so-called species specialists who have obvious self-interest, ideological bias, and land-use agendas; and (2) ensure conformity with the Information Quality Act.88 Office of Surface Mining. The Office of Surface Mining Reclamation and Enforcement (OSM) was created by the Surface Mining Control and Reclamation Act of 1977 (SMCRA)89 to administer programs for controlling the impacts of surface coal mining operations. Although the coal industry is contracting, coal constitutes

— 522 — Mandate for Leadership: The Conservative Promise similar agency actions made in compliance with that order.18 Meanwhile, the new Administration must immediately reinstate the following Trump DOI sec- retarial orders: l SO 3348: Concerning the Federal Coal Moratorium;19 l SO 3349: American Energy Independence;20 l SO 3350: America-First Offshore Energy Strategy;21 l SO 3351: Strengthening the Department of the Interior’s Energy Portfolio;22 l SO 3352: National Petroleum Reserve—Alaska;23 l SO 3354: Supporting and Improving the Federal Onshore Oil and Gas Leasing Program and Federal Solid Mineral Leasing Program;24 l SO 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”;25 l SO 3358: Executive Committee for Expedited Permitting;26 l SO 3360: Rescinding Authorities Inconsistent with Secretary’s Order 3349, “American Energy Independence;”27 l SO 3380: Public Notice of the Costs Associated with Developing Department of the Interior Publications and Similar Documents;28 l SO 3385: Enforcement Priorities;29 and l SO 3389: Coordinating and Clarifying National Historic Preservation Act Section 106 Reviews.30 Actions. At the same time, the new Administration must: l Reinstate quarterly onshore lease sales in all producing states according to the model of BLM’s IM 2018–034, with the slight adjustment of including expanded public notice and comment.31 The new Administration should work with Congress on legislation, such as the Lease Now Act32 and — 523 — Department of the Interior ONSHORE Act,33 to increase state participation and federal accountability for energy production on the federal estate. l Conduct offshore oil and natural gas lease sales to the maximum extent permitted under the 2023–2028 lease program,34 with the possibility to move forward under a previously studied but unselected plan alternative.35 l Develop immediately and finalize a new five-year plan, while working with Congress to reform the OCSLA by eliminating five-year plans in favor of rolling or quarterly lease sales. l Review all resource management plans finalized in the previous four years and, when necessary, select studied alternatives to restore the multi-use concept enshrined in FLPMA and to eliminate management decisions that advance the 30 by 30 agenda. l Set rents, royalty rates, and bonding requirements to no higher than what is required under the Inflation Reduction Act.36 l Comply with the Alaska National Interest Lands Conservation Act (ANILCA) and the Tax Cuts and Jobs Act of 2017 to establish a competitive leasing and development program in the Coastal Plain, an area of Alaska that was set aside by Congress specifically for future oil and gas exploration and development. It is often referred to as the “Section 1002 Area” after the section of ANILCA that excludes the area from Arctic National Wildlife Refuge’s wilderness designation.37 l Conclude the programmatic review of the coal leasing program, and work with the congressional delegations and governors of Wyoming and Montana to restart the program immediately.38 l Abandon withdrawals of lands from leasing in the Thompson Divide of the White River National Forest, Colorado; the 10-mile buffer around Chaco Cultural Historic National Park in New Mexico (restoring the compromise forged in the Arizona Wilderness Act39); and the Boundary Waters area in northern Minnesota if those withdrawals have not been completed.40 Meanwhile, revisit associated leases and permits for energy and mineral production in these areas in consultation with state elected officials. l Require regional offices to complete right-of-way and drilling permits within the average time it takes states in the region to complete them.