[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Page S3483]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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  SENATE RESOLUTION 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

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

                              S. Res. 250

       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.

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