[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 250 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
S. RES. 250

Expressing the sense of the Senate that the Department of the Interior 
     has broken a commitment to the Blackfeet Tribe to defend the 
 cancellation of all leases in the Badger-Two Medicine area and urging 
the Department of the Interior to work closely with the Blackfeet Tribe 
  to defend the Badger-Two Medicine area from oil and gas development.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2019

 Mr. Tester submitted the following resolution; which was referred to 
             the Committee on Energy and Natural Resources

_______________________________________________________________________

                               RESOLUTION


 
Expressing the sense of the Senate that the Department of the Interior 
     has broken a commitment to the Blackfeet Tribe to defend the 
 cancellation of all leases in the Badger-Two Medicine area and urging 
the Department of the Interior to work closely with the Blackfeet Tribe 
  to defend the Badger-Two Medicine area from oil and gas development.

Whereas the Badger-Two Medicine area is sacred to the Blackfeet Tribe and holds 
        critical and unique importance in the culture and history of the 
        Blackfeet Tribe;
Whereas the Department of the Interior issued leases for the development of oil 
        and gas resources in the Badger-Two Medicine area without proper Tribal 
        consultation;
Whereas the Department of the Interior has sought to cancel all remaining leases 
        in the Badger-Two Medicine area, citing violations of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and division A 
        of subtitle III of title 54, United States Code (formerly known as the 
        ``National Historic Preservation Act'' (16 U.S.C. 470 et seq.)), before 
        the leases were issued;
Whereas the 2 remaining leaseholders in the Badger-Two Medicine area, Solenex 
        LLC and W.A. Moncrief, challenged the cancellation of their leases in a 
        district court of the United States;
Whereas former Secretary of the Interior Ryan Zinke committed to the Blackfeet 
        Tribe that the Department of the Interior would continue to defend the 
        lease cancellations in court after the district court ruled against the 
        Department;
Whereas the Department of the Interior appealed the decision in the Solenex LLC 
        case, but did not appeal the decision in the W.A. Moncrief case, instead 
        moving to dismiss the W.A. Moncrief case and reissuing the W.A. Moncrief 
        lease;
Whereas the Department of the Interior argued that the court of appeals does not 
        have jurisdiction to consider an appeal taken by the intervenors in the 
        W.A. Moncrief case, an argument that would deny the Tribal leaders who 
        intervened in that case the ability to defend the Badger-Two Medicine 
        area on appeal;
Whereas the Federal Government has the duty to honor the trust responsibilities 
        of the Federal Government to the Blackfeet Tribe and the promises made 
        by the Secretary of the Interior to the leadership of the Blackfeet 
        Tribe, and the development of the Badger-Two Medicine area would be a 
        complete abandonment of that duty; and
Whereas the Forest Service and the Department of the Interior have publicly and 
        repeatedly acknowledged the importance of protecting the landscape of 
        the Badger-Two Medicine area from further development through--

    (1) moratoriums on new leases;

    (2) suspensions on drilling activity;

    (3) management plans focused on preserving the landscape;

    (4) the voluntary retirement of leases; and

    (5) the cancellation of active leases: Now, therefore, be it

    Resolved, That--
            (1) it is the sense of the Senate that the Department of 
        the Interior--
                    (A) has broken the commitment made by the 
                Department to the Blackfeet Tribe;
                    (B) has failed--
                            (i) to honor the trust responsibilities of 
                        the Department to the Blackfeet Tribe; and
                            (ii) to regain the credibility of the 
                        Department; and
                    (C) must actively pursue and defend, in and out of 
                the courtroom, the cancellation of all leases in the 
                Badger-Two Medicine area; and
            (2) the Senate urges the Department of the Interior--
                    (A) to work closely with the Blackfeet Tribe to 
                protect the Badger-Two Medicine area from oil and gas 
                leases; and
                    (B) to remedy the mistakes of the Department that 
                led to the leases being issued without--
                            (i) proper consultation with the Blackfeet 
                        Tribe; and
                            (ii) compliance with environmental and 
                        historic preservation laws.
                                 <all>