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OUT OF BOUNDS 53 EXPLORE 54 Outdoors
Obama Administration Cancels Energy Lease in Badger-Two Medicine BLM concluded the Solenex lease violated National Environmental Policy Act, National Historical Preservation Act
TBY DILLON TABISH OF THE BEACON
HE OBAMA ADMINISTRATION has cancelled a disputed oil and gas lease in the Badger-Two Med-
icine area near Glacier National Park. Secretary of the Interior Sally Jewell announced March 17 the Bureau of Land Management has cancelled a 6,200-acre lease in the Lewis and Clark National For- est. The lease, currently held by Solenex LLC, was issued by the BLM in 1982 on land considered sacred to the Blackfeet
tribes of the U.S. and Canada.
The cancellation is expected to be chal-
lenged in federal court by Solenex, a Louisi- ana company seeking to drill for oil and gas. “Today the Blackfeet People have rea- son to rejoice,” Blackfeet Tribal Chairman Harry Barnes said in a statement, adding, “This ght has been about more that the Blackfeet. All of Montana and our country win. This pristine area so special to us and
special to all who ght in this ght.”
The BLM concluded the lease was improperly issued in violation of the National Environmental Policy Act and the National Historical Preservation Act. The agency consulted with the U.S. For- est Service, Advisory Council on Historic Preservation, Blackfeet Tribe, leaseholder
and others, according to federal o cials. The Interior Department and BLM decided that the pending application for permit to drill should be disapproved, the lease cancelled and any applicable lease payments refunded, based on nd- ings and recommendations from the For- est Service and the Advisory Council,
according to federal o cials.
“This is the right action to take on
behalf of current and future genera- tions,” Jewell said. “Today’s action hon- ors Badger-Two Medicine’s rich cultural and natural resources and recognizes the irreparable impacts that oil and gas development would have on them.”
Solenex sued the government in 2013 to force a decision after the dispute dragged on for decades. Attorneys for the company said they would challenge any cancellation in court. They point out that the lease went through multiple environ- mental reviews over the years and was never said to be invalid until recently.
“I can’t even imagine how many thou- sands of man-hours went into all these studies, and now the government is say- ing every one of these people was wrong,” said William Perry Pendley with the Mountain States Legal Foundation, the law rm for Solenex. “It doesn’t even pass
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MARCH 23, 2016 // FLATHEADBEACON.COM
LEFT Mike Connor, Deputy Secretary of the U.S. Department of the Interior, shakes hands with Harry Barnes, Chairman of the Blackfeet Tribal Business Council, after the Obama administration canceled energy leases in the Badger-Two Medicine area on March 17, 2016. COURTESY PHOTO
RIGHT The Badger-Two Medicine area near the Blackfeet Indian Reservation. BEACON FILE PHOTO
the red-face test. It’s ridiculous.”
The Badger-Two Medicine Area is a 130,000-acre area along the Rocky Mountain Front. Glacier National Park, the Bob Marshall Wilderness and the Blackfeet Indian Reservation surround the area, which is considered sacred by the Blackfeet Tribe and is part of a rec- ognized Traditional Cultural District. Congress legislatively withdrew the area
from mineral development in 2006. Left unresolved is the fate of 17 remain- ing leases in the Badger-Two Medicine area, the site of the Blackfoot creation story. Blackfoot leaders say the leases were illegally issued in 1982. Dozens more oil and gas leases were originally sold in the area. Over the years, most were
retired or surrendered by their owners. Most of the 17 remaining leases in the area are held by Devon Energy of Okla-
homa, federal o cials said.
All of the originally issued leases in
the area, including the one canceled on March 17, have been the subject of a vari- ety of administrative, legal and legisla- tive actions since they were issued over 30 years ago because of the signi cance of the resources in the Badger-Two Medi- cine Area and concerns about the circum- stances surrounding leasing issuance.
Operations on the Solenex lease have been suspended since 1985. Nearly two- thirds of the original leaseholders took
advantage of tax incentives established by Congress in exchange for the voluntary relinquishment of the leases in this area.
Drilling has been mired in repeated bureaucratic delays, prompting Solenex to sue the government in 2013.
A federal judge accused the Obama administration of trying to “run the clock out” on a pending decision on an oil and gas lease near Glacier National Park that’s been held up for several decades.
U.S. District Judge Richard Leon on March 16 gave the Interior Department 24 hours to act on the matter.
U.S. Sen. Jon Tester, D-Mont., has long been a proponent of canceling the leases and hailed the decision.
“The Badger-Two Medicine has unique cultural, historical, spiritual, and
“THE SECRETARY’S DECISION TODAY IS A STEP IN THE RIGHT DIRECTION TOWARDS PRESERVING THE CULTURAL IDENTITY OF THE BLACKFEET PEOPLE AND LAND THAT IS SACRED TO THEIR TRIBE”
- GOV. STEVE BULLOCK
recreational signi cance to the Black- feet Nation and outdoor enthusiasts in Montana,” he stated. “For generations, Blackfeet families and outdoorsmen have enjoyed this treasured place and today’s decision will help ensure that this area remains pristine for years to come. There are special places in this world where we just shouldn’t drill, and the Badger-Two Medicine is one of them.”
Montana Gov. Steve Bullock, a Demo- crat, echoed Tester’s praise.
“The Secretary’s decision today is a step in the right direction towards pre- serving the cultural identity of the Black- feet people and land that is sacred to their Tribe,” Bullock stated.
A spokesperson for U.S. Sen. Steve Daines, R-Mont., said in a statement, “While it’s unfortunate that the oil and gas leases were cancelled, Senator Daines understands the importance of pro- tecting the unique heritage of the Bad- ger-Two Medicine area.”
U.S. Rep. Ryan Zinke, R-Mont., said in a statement, “While I understand and respect the cultural and spiritual signi - cance of the Badger-Two to the Blackfeet, our government made an agreement in good faith with the lease holders. At the very least, this is a breach of contract and I believe the lease holders should be fairly compensated for their losses.”
dtabish@ atheadbeacon.com