Plain English summary not yet available
The full original text is available below. Check back soon as we process this bill.
III
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 cancella-
tion 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;
VerDate Sep 11 2014
22:20 Jun 13, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6300
E:\BILLS\SR250.IS
SR250
khammond on DSKBBV9HB2PROD with BILLS
2
•SRES 250 IS
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, chal-
lenged the cancellation of their leases in a district court
of the United States;
Whereas former Secretary of the Interior Ryan Zinke com-
mitted 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 Depart-
ment;
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,
VerDate Sep 11 2014
22:20 Jun 13, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6300
E:\BILLS\SR250.IS
SR250
khammond on DSKBBV9HB2PROD with BILLS
3
•SRES 250 IS
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 Inte-
rior have publicly and repeatedly acknowledged the im-
portance 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
(1) it is the sense of the Senate that the De-
2
partment of the Interior—
3
(A) has broken the commitment made by
4
the Department to the Blackfeet Tribe;
5
(B) has failed—
6
(i) to honor the trust responsibilities
7
of the Department to the Blackfeet Tribe;
8
and
9
(ii) to regain the credibility of the De-
10
partment; and
11
(C) must actively pursue and defend, in
12
and out of the courtroom, the cancellation of all
13
leases in the Badger-Two Medicine area; and
14
VerDate Sep 11 2014
22:20 Jun 13, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\SR250.IS
SR250
khammond on DSKBBV9HB2PROD with BILLS
4
•SRES 250 IS
(2) the Senate urges the Department of the In-
1
terior—
2
(A) to work closely with the Blackfeet
3
Tribe to protect the Badger-Two Medicine area
4
from oil and gas leases; and
5
(B) to remedy the mistakes of the Depart-
6
ment that led to the leases being issued with-
7
out—
8
(i) proper consultation with the Black-
9
feet Tribe; and
10
(ii) compliance with environmental
11
and historic preservation laws.
12
Æ
VerDate Sep 11 2014
22:20 Jun 13, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\SR250.IS
SR250
khammond on DSKBBV9HB2PROD with BILLS