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[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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