[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4836 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4836
To prevent efforts of the Department of Justice to advocate courts that
an individual exercising the authority of the head of an agency for
more than a year, regardless of their title, is not in violation of the
Federal Vacancies Reform Act of 1998.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 21 (legislative day, October 19), 2020
Mr. Tester (for himself, Mr. Van Hollen, Mr. Wyden, Ms. Rosen, and Mr.
Merkley) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prevent efforts of the Department of Justice to advocate courts that
an individual exercising the authority of the head of an agency for
more than a year, regardless of their title, is not in violation of the
Federal Vacancies Reform Act of 1998.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Lands Leadership Act of
2020''.
SEC. 2. FINDINGS.
Congress finds that--
(1) William Perry Pendley is not an appropriate choice to
lead, work in, or advise any public land management agency due
to his record prior to his employment at the Bureau of Land
Management, and his continuing work there;
(2) Mr. Pendley has a lengthy and public record supporting
the transfer and privatization of public land, including the
245,000,000 acres and 700,000,000 subsurface acres he oversaw
as de facto Acting Director of the Bureau of Land Management;
(3) Mr. Pendley has pursued the development of natural
resources on public lands at the expense of Tribal
consultation, public comment, and reasonable oversight;
(4) Mr. Pendley has professionally advocated for oil and
gas leases issued in the Badger-Two Medicine area, despite the
leases being issued without consultation with the Blackfeet
Nation, and despite the later decision of the Department of
Interior to cancel the leases;
(5) Mr. Pendley has opposed and litigated public access to
streams and rivers in Montana through his professional
opposition to the Montana Stream Access Law;
(6) Mr. Pendley has expressed public support for armed
insurrection against the agency he oversaw as de facto Acting
Director of the Bureau of Land Management;
(7) Mr. Pendley has publicly opposed bedrock public lands
laws that protect the land he oversaw as de facto Acting
Director of the Bureau of Land Management;
(8) Mr. Pendley has made disparaging racial comments,
indicating he does not intend to serve the entire citizenry
equitably and without prejudice;
(9) Mr. Pendley has openly mocked the cultures and
traditions of Tribal nations, demonstrating his inability to
serve as a reliable Federal partner for Tribes and to uphold
the trust and treaty responsibilities of the Federal
Government;
(10) Mr. Pendley has reversed course on decades of
collaborative efforts by private landowners, ranchers, State
and local governments, and other stakeholders to protect
rangeland ecosystems and the greater sage grouse;
(11) Mr. Pendley has issued problematic Resource Management
Plans in Montana and other States that fly in the face of
large-scale public opposition to prioritizing energy
development over collaborative conservation efforts and other
activities;
(12) despite his problematic record, Mr. Pendley served in
the top leadership role at the Bureau of Land Management for
over a year, and continues to be retained in a senior position;
(13) Mr. Pendley served as Deputy Director for Policy and
Programs exercising the authority of the director of the Bureau
of Land Management for 424 days;
(14) Mr. Pendley was the de facto Acting Director of the
Bureau of Land Management during this period, regardless of his
specific title;
(15) the extended role of Mr. Pendley at the Bureau of Land
Management is a clear violation of sections 3345 through 3349d
of title 5, United States Code (commonly known as the ``Federal
Vacancies Reform Act of 1998''), as determined by the United
States District Court for the District of Montana, and
undermines the constitutional responsibility of the Senate to
review nominations for agency leadership;
(16) on September 25, 2020, the United States District
Court for the District of Montana ruled that the lengthy tenure
of Mr. Pendley as de facto Acting Director was illegal;
(17) Mr. Pendley continues to operate in a senior
leadership role at the Bureau of Land Management;
(18) the Department of Interior continues to employ Mr.
Pendley, and has publicly stated its intention to contest the
court ruling; and
(19) the failure of the President to advance a formal
nominee for the position of the Director of the Bureau of Land
Management for congressional review and confirmation over the
past 3\1/2\ years significantly undermines the constitutional
responsibility of the Senate to provide advice and consent on
all offices of the United States.
SEC. 3. PROHIBITING DOJ EFFORTS TO ADVOCATE COURTS TO PROTECT THE ROLE
OF WILLIAM PENDLEY AS DE FACTO ACTING DIRECTOR.
The Department of Justice may not, in Bullock v. United States
Bureau of Land Management, No. 4:20-cv-00062-BMM, 2020 WL 5746836 (D.
Mont. Sept. 25, 2020), advocate that an individual exercising the
authority of the head of an agency, regardless of their title and
serving without congressional consent for over a year, is not in
violation of sections 3345 through 3349d of title 5, United States Code
(commonly known as the ``Federal Vacancies Reform Act of 1998'').
<all>
Public Lands Leadership Act of 2020
#4836 | S Congress #116
Policy Area: Government Operations and Politics
Last Action: Read twice and referred to the Committee on the Judiciary. (10/21/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text