— 539 —
Department of the Interior
ENDNOTES
1. See generally William Perry Pendley, Sagebrush Rebel: Reagan’s Battle with Environmental Extremists and
Why It Matters Today (Regnery, 2013), preface, pp. xvi-xxii.
2. U.S. Const. art. IV, § 3, cl. 2. “The Congress shall have Power to dispose of and make all needful Rules and
Regulations respecting the Territory or other Property belonging to the United States.”
3. In Wyoming, the federal government owns 48 percent of the land; in Wyoming’s Teton County, the federal
government owns 97 percent of the land.
4. Pendley, Sagebrush Rebel.
5. Keith Schneider, “The 1992 Campaign; Bush on the Environment: A Record of Contradictions,” New York Times,
July 4, 1992, https://www.nytimes.com/1992/07/04/us/the-1992-campaign-bush-on-the-environment-a-
record-of-contradictions.html (accessed March 15, 2023).
6. William Perry Pendley, War on the West: Government Tyranny on America’s Great Frontier (Regnery, 1995).
7. William Perry Pendley, “Bureau of Land Management Yesterday and Today: Energy Independence,” Cowboy
State Daily, April 5, 2022, https://cowboystatedaily.com/2022/04/05/bureau-of-land-management-
yesterday-and-today-energy-independence/ (accessed March 15, 2023).
9. Ibid.
9. William Perry Pendley, “Perspective: Biden’s War on Western Energy,” The Gazette, November 6, 2022, https://
gazette.com/opinion/perspective-biden-s-war-on-western-energy/article_3823a584-5bb2-11ed-a598-
235c22e34687.html (accessed March 15, 2023).
10. Ibid.
11. Multiple-Use Sustained-Yield Act of 1960, Public Law 86–517.
12. Federal Register, Vol. 86, No. 159 (August 20, 2021), pp. 46873–46877.
13. Federal Register, Vol. 86, No. 19 (February 1, 2021), pp. 7619–7633, and White House, “Executive Order on
Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” January
20, 2021, https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-
protecting-public-health-and-environment-and-restoring-science-to-tackle-climate-crisis/ (accessed
March 16, 2023).
14. National Environmental Policy Act, Public Law 91–160.
15. Antiquities Act of 1906, Public Law 59–209.
16. “You know what there’s not is a shall for? ‘I shall manage the land to stop climate change,’ or something
similar to that,” Secretary of the Interior David Bernhardt testified. “You guys come up with the shalls.” Chris
D’Angelo, “Interior Secretary Blames Congress for His Inaction on Climate Change,” High Country News,
May 9, 2019.
17. Federal Land Policy and Land Management Act of 1976, Public Law 94–579; Outer Continental Shelf Lands Act,
Public Law 95–372; and 30 U.S.C. § 21 et seq.
18. U.S. Department of the Interior, “Order No. 3398: Revocation of Secretary’s Orders Inconsistent with
Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” April
16, 2021, https://www.doi.gov/sites/doi.gov/files/elips/documents/so-3398-508_0.pdf (accessed
March 16, 2023).
19. U.S. Department of the Interior, “Order No. 3348: Concerning the Federal Coal Moratorium,” March 29, 2017,
https://www.doi.gov/sites/doi.gov/files/uploads/so_3348_coal_moratorium.pdf (accessed March 16, 2023).
20. U.S. Department of the Interior, “Order No. 3349: American Energy Independence,” March 29, 2017, https://
www.doi.gov/sites/doi.gov/files/uploads/so_3349_-american_energy_independence.pdf (accessed
March 16, 2023).
21. U.S. Department of the Interior, “Order No. 3350: America First Offshore Energy Strategy,” May 1, 2017,
https://www.doi.gov/sites/doi.gov/files/press-release/secretarial-order-3350-offshore-508.pdf (accessed
March 16, 2023).
22. U.S. Department of the Interior, “Order No. 3351: Strengthening the Department of the Interior’s Energy
Portfolio,” May 1, 2017, https://www.doi.gov/sites/doi.gov/files/press-release/secretarial-order-3351-energy-
counselor-508.pdf (accessed March 16, 2023).
23. U.S. Department of the Interior, “Order No. 3352: National Petroleum Reserve—Alaska,” May 31, 2017, https://
www.doi.gov/sites/doi.gov/files/uploads/so-3352.pdf (accessed March 16, 2023).
— 540 —
Mandate for Leadership: The Conservative Promise
24. U.S. Department of the Interior, “Order No. 3354: Supporting and Improving the Federal Onshore Oil and Gas
Leasing Program and Federal Solid Mineral Leasing Program, July 6, 2017, https://www.doi.gov/sites/doi.gov/
files/uploads/so_-_3354_signed.pdf (accessed March 16, 2023).
25. U.S. Department of the Interior, “Order No. 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,” August 31, 2017, https://www.doi.gov/sites/doi.gov/
files/elips/documents/3355_-_streamlining_national_environmental_policy_reviews_and_implementation_
of_executive_order_13807_establishing_discipline_and_accountability_in_the_environmental_review_
and_permitting_process_for.pdf (accessed March 16, 2023).
26. U.S. Department of the Interior, “Order No. 3358: Executive Committee for Expedited Permitting,” October
25, 2017, https://www.doi.gov/sites/doi.gov/files/elips/documents/so_3358_executive_committee_for_
expedited_permitting_0.pdf (accessed March 16, 2023).
27. U.S. Department of the Interior, “Order No. 3360: Rescinding Authorities Inconsistent with Secretary’s Order
3349, “American Energy Independence,” December 22, 2017, https://www.doi.gov/sites/doi.gov/files/elips/
documents/3360_-_rescinding_authorities_inconsistent_with_secretarys_order_3349_american_energy_
independence.pdf (accessed March 16, 2023).
28. U.S. Department of the Interior, “Order No. 3380: Public Notice of the Costs Associated with Developing
Department of the Interior Publications and Similar Documents,” March 10, 2020, https://www.doi.gov/sites/
doi.gov/files/elips/documents/so-3398-508_0.pdf (accessed March 16, 2023).
29. U.S. Department of the Interior, “Order No. 3385: Enforcement Priorities,” September 14, 2020, https://
www.doi.gov/sites/doi.gov/files/elips/documents/signed-so-3385-enforcement-priorities.pdf (accessed
March 16, 2023).
30. U.S. Department of the Interior, “Order 3389: Coordinating and Clarifying National Historic Preservation Act
Section 106 Reviews,” September 14, 2020, https://www.doi.gov/sites/doi.gov/files/elips/documents/signed-
so-3385-enforcement-priorities.pdf (accessed March 16, 2023).
31. Bureau of Land Management, “Updating Oil and Gas Leasing Reform: Land Use Planning and Lease Parcel
Reviews,” IM 2018–034, January 31, 2018, https://www.blm.gov/policy/im-2018-034 (accessed March 16, 2023).
32. Lease Now Act, S. 4228, 117th Cong., 2nd Sess. (2022).
33. ONSHORE Act, S. 218, 116th Cong., 2nd Sess. (2019). https://www.congress.gov/bill/116th-congress/senate-
bill/218/text (accessed March 18, 2023).
34. Federal Register, Vol. 87, No. 130 (July 8, 2022), pp. 40859–40863.
35. The Biden Administration’s 2023–2028 proposed program is fatally flawed. Katie Tubb, “Comment for the
2023–2028 National OCS Oil and Gas Leasing Proposed Program,” BOEM–2022–0031, October 6, 2022, http://
thf_media.s3.amazonaws.com/2022/Regulatory_Comments/BOEM%202023-2028%20lease%20plan%20
comment%20KTubb.pdf (accessed March 16, 2023).
36. See Inflation Reduction Act of 2022, Public Law No. 117–169, §§ 50261–50263.
37. Tax Cuts and Jobs Act of 2017, Public Law No. 115–97, § 20001, and U.S. Department of the Interior, “Order No.
3401: Comprehensive Analysis and Temporary Halt on All Activities in the Arctic National Wildlife Refuge Relating
to the Coastal Plain Oil and Gas Leasing Program,” June 1, 2021, https://www.doi.gov/sites/doi.gov/files/elips/
documents/so-3401-comprehensive-analysis-and-temporary-halt-on-all-activitives-in-the-arctic-national-
wildlife-refuge-relating-to-the-coastal-plain-oil-and-gas-leasing-program.pdf (accessed March 16, 2023).
38. In 2016, Interior Secretary Sally Jewell instituted a moratorium on new coal leases while conducting a
programmatic environmental impact statement under NEPA to address concerns about competition and
inconsistency with the Obama Administration’s climate policy. In 2017, Interior Secretary Ryan Zinke lifted
the moratorium and ended development of a programmatic environmental impact statement. In April 2021,
Interior Secretary Debra Haaland rescinded Zinke’s order and initiated a new review of the coal-leasing
program. See U.S. Department of the Interior, “Order No. 3338: Discretionary Programmatic Environmental
Impact Statement to Modernize the Federal Coal Program,” January 15, 2016, https://www.doi.gov/sites/doi.
gov/files/elips/documents/archived-3338_-discretionary_programmatic_environmental_impact_statement_
to_modernize_the_federal_coal_program.pdf (accessed March 16, 2023); U.S. Department of the Interior,
“Order No. 3348”; U.S. Department of the Interior, “Order No. 3398”; and Federal Register, Vol. 86, No. 159
(August 20, 2021), pp. 46873–46877.