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Thursday, November 21, 2024

Alaska lawmakers oppose expanded restrictions on National Petroleum Reserve

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Dan Sullivan, U.S. Senator from Alaska | https://www.sullivan.senate.gov/about/bio

Dan Sullivan, U.S. Senator from Alaska | https://www.sullivan.senate.gov/about/bio

U.S. Senators Lisa Murkowski and Dan Sullivan, both Republicans from Alaska, along with Representative Mary Sattler Peltola, a Democrat from Alaska, have reiterated their opposition to the Bureau of Land Management’s (BLM) recent efforts to further restrict resource development across the National Petroleum Reserve-Alaska (NPR-A). In a letter sent Monday, the delegation expressed strong opposition to BLM’s request for information (RFI), which they describe as a precursor to an arbitrary and opaque process aimed at expanding and creating new Special Areas in the NPR-A.

Earlier this year, BLM issued the RFI shortly after unilaterally restricting leasing and development on more than half of the surface acreage of the 23-million-acre petroleum reserve. The agency has been criticized for not properly consulting with Alaska Native communities on the North Slope regarding decisions that affect their lands and interests.

“We write to reiterate our strong opposition to [the] RFI ‘Special Areas Within the National Petroleum Reserve in Alaska’ published in the Federal Register by the Bureau of Land Management (BLM) on July 17, 2024. As discussed in prior letters to BLM, the administration’s decision to impose restrictions on a variety of activities across [the] NPR-A is unprecedented and unlawful. As such, we urge BLM to abandon any effort to unilaterally expand Special Areas in [the] NPR-A,” stated Murkowski, Sullivan, and Peltola.

The delegation further asserted that “BLM must recognize that the management regime it now envisions for [the] NPR-A blatantly conflicts with federal law,” particularly referencing “the Supreme Court’s decision in Loper Bright.” They emphasized that Congress had directed BLM “to carry out an ‘expeditious program of competitive leasing of oil and gas’” in Alaska's petroleum reserve but accused BLM of reinterpreting this mandate to create administrative barriers that restrict responsible resource development.

The lawmakers argued that it is not credible for BLM “to claim that it is meeting congressional intent” given that no new lease sale has occurred in NPR-A since 2019. They accused BLM of using its self-granted authorities under newly written rules "to justify further processes" leading inevitably to more restrictions. According to them, these actions convert millions of acres within a federal petroleum reserve into de facto federal wilderness.

“BLM’s actions are simply not a reasonable interpretation of federal law,” they continued. They called for an immediate abandonment of the RFI process and suggested that any future decisions about Special Areas within NPR-A should await judicial review or be made through established Integrated Activity Plan processes.

The NPR-A Working Group—providing North Slope communities with input into ongoing management decisions—and Voice of the Arctic Iñupiat—a nonprofit representing North Slope communities—both passed resolutions opposing BLM’s RFI. Additionally, several local entities including City councils and Native corporations submitted letters protesting against expanding or creating new Special Areas within NPR-A.

To read the delegation's full letter, click here.

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