Part of the Rocky Mountain Front, the Badger-Two Medicine is a 130,000-acre area bounded by Glacier National Park, the Blackfeet Reservation, and the Great Bear/Bob Marshall wildernesses. In 1981 this area was leased for oil and gas development by the by the Lewis & Clark National Forest (LCNF). After protracted attempts to drill, it was recognized that social, environmental and cultural concerns would consistently delay and possibly stop development attempts. In 1997, a collaborative agreement was negotiated between attorneys for the Department of Interior, the principle lessee (Chevron), Montana conservationists and the Blackfeet Nation. The agreement provided a means for lessees to relinquish their leases. These leases, which cover much of the Badger-Two Medicine, could be traded for 'credits' on other federal oil and gas lease properties.
The agreement could also settle long-standing questions about the dubious legality of the 1981 leases based on failure to follow the National Environmental Policy Act (NEPA). In other parts of the Rocky Mountain Front (Deep Creek Recommended Wilderness) and the adjacent Flathead National
Forest, virtually identical leasing processes were found to be illegal and subsequently invalidated by court order. (See Bob Marshall Alliance v. Watt and Conner v. Burford)
Senator Baucus' office was instrumental in reaching this collaborative settlement. However providing federal credits to Chevron (and other lessees who choose to participate) required congressional approval. Despite Chevron's support, Senator Conrad Burns rebuffed the proposed legislation. He insisted that exchanges be restricted to federal leases within Montana, which Chevron felt was unworkable. Chevron subsequently relinquished claims to lease properties within the Badger-Two Medicine, which are now claimed by other speculators (primarily Ocean Energy).
The 1981 LCNF oil and gas Environmental Assessment failed to consider 'No Leasing' as an alternative, roadless values that may be foregone, nor did it analyze cumulative effects of potential development prior to issuance. These dubious 21-year old lease claims -- if they have any validity -- convey no 'rights' to develop. Applications for permit to drill must undergo further environmental review under NEPA. However the Bush Administration's desire to expedite energy development under its Energy Plan and the House of Representative's Energy Bill stipulates that impediments to development will be removed as the administration sees fit.
From a cultural perspective also, the federal government erred in selling oil and gas leases within the Badger-Two Medicine. Despite 1896 treaty rights and current law, there was no consultation with the Blackfeet Nation and no consideration of religious and cultural values. After threatened litigation in 1994, the LCNF re-evaluated cultural values which ultimately resulted in 70% of the area being determined as eligible for designation as a Traditional Cultural District under the National Historic Preservation Act.
The recent Florida offshore lease buy back/no lease action by the Bush Administration was based on the environmental sensitivity of the area and public opposition to leasing there. The same concerns hold true for the Rocky Mountain Front. Now is a perfect opportunity to resurrect buy back/trade out efforts and press for a settlement which would eliminate any claims by oil and gas speculators to Montana's Rocky Mountain Front-Bob Marshall Country.
For more information, contact Coalition to Protect the Rocky Mountain Front at info@savethefront.net.