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October Advocacy Report: when we know, we can act.

by David Raskin, Friends Board President

Arctic National Wildlife Refuge
The Budget Reconciliation bill includes repeal of the Arctic National Wildlife Refuge oil and gas program and a buy-back of all existing leases. However, the reconciliation bill has been delayed due to negotiations with conservative senators and representatives over their objections about its size and timing and is expected to be taken up by the full House later this month. 
 
Extensive comments on the Notice of Intent of scoping for the Supplemental EIS (SEIS) were prepared by many organizations and experts and were organized and submitted by Trustees for Alaska. Friends and more than 20 other organizations signed on to the comments. The scoping report by the BLM is expected by the end of the year.
 
The threat to the Coastal Plain concerning the SF 299 application by Kaktovik Inupiat Corporation (KIC) for a winter right-of-way across the tundra in a wilderness study area continues. The USFWS reviewed their application and determined that KIC will need to provide additional information to complete their application. There will be a 30-day review period of an updated application. The significance of this effort by KIC is related to the Izembek application for a similar inholding right-of-way. Both claims of a surrounded inholding without access ignore the facts that Kaktovik and King Cove have marine access and other options. If these questionable gambits succeed, it will make that process available for similar claims in other refuges and possibly in national parks and all federal conservation units. That would be a disaster for all national conservation lands.
 
The contractor’s evaluation of the Kaktovik claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including Wilderness study areas, is progressing and should be completed sometime in December. The decision will be made by the Arctic Refuge Manager.


Izembek National Wildlife Refuge
There has been no word from the Court since oral arguments were held before the Ninth Circuit Court of Appeals on August 4 concerning the defendants’ appeal of our second successful lawsuit that stopped the illegal land transfer for the proposed road. However, on September 6, Department of the Interior (DOI) announced that Secretary of the Interior Haaland postponed her trip due to concerns about the high level of COVID-19 infections in Alaska, but we have not heard how this latest development might influence the Court’s decision regarding a possible stay of the proceedings. In the meantime, the State has appealed the decision by USFWS that denied the use of helicopters for the Special Use Permits for activities in designated Wilderness. The final decision will be made by the USFWS Acting Regional Director in Anchorage. We expect that the appeal will be denied. 

Other Refuges
We have no significant updates on Kenai refuge regulations, Yukon Flats refuge oil exploration in Doyon inholdings, the Mulchatna caribou herd and possible predator control in Yukon Delta and Togiak refuges, and the BLM Central Yukon Plan

Sturgeon Decision
We are unaware of further action following the Supreme Court decision in Sturgeon v. Frost, 139 S. Ct. (1066) 2019. Based on this ruling and Alaska National Interest Lands Conservation Act (ANILCA) Sec. 103, the State of Alaska asserted primary jurisdiction over navigable waters on federal lands in Alaska.







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Add your comments! September Advocacy Report

by David Raskin, Friends Board President

Arctic National Wildlife Refuge
The House Natural Resources Committee marked up their portion of the Budget Reconciliation bill that includes repeal of the Arctic National Wildlife Refuge oil and gas program and a buy-back of all existing leases. The language will now be merged into the full reconciliation bill and taken up by the full House. This successful effort was led by the excellent lobbying work by Arctic National Wildlife Refuge (ARDC). 
 
The comment period for the Notice of Intent of scoping for the Supplemental EIS (SEIS) is open until October 4
, 2021. BLM is holding six virtual scoping meetings for the SEIS that will take place September 14, 15, and 16. If the reconciliation bill is enacted with the House language that terminates the Arctic drilling leases, this exercise will become moot. 
 
A new threat to the Coastal Plain emerged with an SF 299 application by Kaktovik Inupiat Corporation (KIC) for a winter right-of-way across the tundra in a wilderness study area. KIC claims to be an inholding according to provisions of ANILCA, like the claim made by King Cove for a road through the Izembek Wilderness. KIC had previously been granted an emergency permit to move school modules across the ice in winter, but this request is for an annual permit to move goods and supplies across land each year. Like King Cove, Kaktovik seems not to qualify as an inholding since it has marine access and other alternatives for the proposed uses. The Fish and WIldlife Service (FWS) review of their application must be completed by October 5 to determine the additional information that KIC will need to include to complete the application. 


Izembek National Wildlife Refuge

Oral arguments were held before the Ninth Circuit Court of Appeals on August 4 concerning the defendants’ appeal of our second successful lawsuit that stopped the illegal land transfer for the proposed road. Trustees for Alaska did an outstanding job of arguing our position. During this session, the Court suggested a possible stay of the proceedings until after Secretary of the Interior Haaland’s scheduled September 17 visit to King Cove. The Court was concerned that after her visit, the Secretary might take actions that would effectively resolve the lawsuit and waste the resources of the Court if the proceedings were not stayed. The plaintiffs indicated that we would not oppose a stay of the proceedings, but the Government and the State opposed a stay. However, on September 6, the Department of the Interior (DOI) announced that Secretary Haaland postponed her trip due to concerns about the high level of Covid-19 infections in Alaska. We have not heard how this latest development might influence the Court’s decision regarding a possible stay of the proceedings.

The Fish and Wildlife Servic (FWS) denied the use of helicopters to access the Izembek Wilderness in special use permits requested by the State Department of Transportation to inventory cultural resources and wetlands for the proposed Isthmus Road. The FWS issued permits that required access by foot, but the State has refused to sign the permits without helicopter access. We are very pleased that there will be no on-the-ground-activity this summer.

Sturgeon Decision
There has been no further action following the Supreme Court decision in Sturgeon v. Frost, 139 S. Ct. (1066) 2019. Based on this ruling and ANILCA Sec. 103, the State of Alaska asserted primary jurisdiction over navigable waters on federal lands in Alaska.

Other Refuges
We have no significant updates on Kenai Refuge regulations, Yukon Flats Refuge oil exploration in Doyon inholdings, the Mulchatna caribou her and possible predator control in Yukon Delta and Togiak Refuges, and the BLM Central Yukon Plan.