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 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; 


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•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, 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, 


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•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 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 

1 Resolved, That— 

2 (1) it is the sense of the Senate that the De3 partment of the Interior— 

4 (A) has broken the commitment made by 

5 the Department to the Blackfeet Tribe; 

6 (B) has failed— 

7 (i) to honor the trust responsibilities 

8 of the Department to the Blackfeet Tribe; 

9 and 

10 (ii) to regain the credibility of the De11 partment; and 

12 (C) must actively pursue and defend, in 

13 and out of the courtroom, the cancellation of all 

14 leases in the Badger-Two Medicine area; and 


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•SRES 250 IS 

1 (2) the Senate urges the Department of the In2 terior— 

3 (A) to work closely with the Blackfeet 

4 Tribe to protect the Badger-Two Medicine area 

5 from oil and gas leases; and 

6 (B) to remedy the mistakes of the Depart7 ment that led to the leases being issued with8 out— 

9 (i) proper consultation with the Black10 feet Tribe; and 

11 (ii) compliance with environmental 

12 and historic preservation laws. 

Æ 


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