Tag: BOEM

by David Raskin, Friends Board President

We continue to wait for the U.S. Senate to confirm Acting Director Martha Williams as the new Director of the U.S. Fish and Wildlife Service (USFWS). We expect that after her confirmation, the Executive Review Board will act to appoint a successor to Regional Director Greg Siekaniec who retired last August. We also hope that a Special Assistant for Alaska will be appointed soon..

Arctic National Wildlife Refuge

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 seems doomed after Senators Manchin and Sinema failed to support the bill passed by the House. We are hopeful that a compromise version will eventually be approved, and the Arctic Refuge lease repeal will remain in a revised version of the legislation. This may not occur before summer, if at all. In the meantime, USFWS and Bureau of Land Management (BLM) have begun the lengthy and expensive process of developing the Supplemental Environmental Impact Statement (EIS) required by order of the Secretary. This is an unfortunate waste of scarce resources if it is ultimately rendered moot by repeal of the leasing program. The Alaska Industrial Development and Export Authority (AIDEA) filed suit to stop the process and was joined by the State. We anticipate that many conservation organizations will intervene on behalf of the government.

The threat to the Coastal Plain continues after the completion of the SF 299 application by Kaktovik Inupiat Corporation (KIC) for a winter right-of-way across the tundra in a wilderness study area. The validity of their claim that Kaktovik lands are an inholding without adequate and reasonable access must be decided by the Secretary in consultation with the Solicitor. If KIC prevails, there must be a notice of intent and a NEPA process. The significance of this effort by KIC is related to the Izembek application for a similar inholding right-of-way. If these questionable gambits succeed, it will make that process available for similar claims in other refuges and possibly all federal conservation units. That would be a disaster for all national conservation lands.

The contractor hired by the USFWS composed a draft of the results of its evaluation of the Kaktovik claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including Wilderness study areas. However, they are waiting to receive additional evidence from the applicant to support their claim.
Award-winning Arctic Refuge Manager Steve Berendzen transfers on February 11 to manage a refuge complex in the Lower 48. He will be greatly missed for his outstanding work to protect the Arctic Refuge from the continuing threats of development and incursions into its pristine wilderness.

Izembek National Wildlife Refuge
There still is 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. We also await a final decision by USFWS regarding the State’s appeal of the denial of helicopter use in the designated Wilderness. The findings by the Acting Regional Director in Anchorage have been sent to Acting USFWS Director Martha Williams and then to the Assistant Secretary and the Deputy Secretary. A decision probably will not be issued until Martha Williams is confirmed but we expect that the State’s appeal will be denied. Also, we have no word on plans for the Secretary of the Interior’s visit to King Cove.

Alaska Maritime National Wildlife Refuge
The comment period closed on the Bureau of Ocean Energy Management (BOEM) Draft Environmental Statement (DEIS) for the Lower Cook Inlet oil and gas development lease sale of approximately 1.09 million acres of seafloor from Kalgin Island in the north to Augustine Island in the south. The proposed developments would create drilling platforms and underwater pipelines, pose a high risk of oil spills, and greatly increase industrial transportation in Lower Cook Inlet that could seriously impact lands and wildlife.in the Maritime Refuge. We await the issuance of the EIS.

Other Refuges
We have no significant updates on Kenai Refuge regulations or Yukon Flats Refuge oil exploration in Doyon inholdings.

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.

by David Raskin, Friends Board President

We hope that the U.S. Senate will vote this month to confirm Acting Director Martha Williams as the new Director of the U.S. Fish and Wildlife Service (USFWS). We expect that the Executive Review Board will act soon to appoint a successor to retired Regional Director Greg Siekaniec. During a productive meeting in Anchorage between representatives of national conservation organizations and Undersecretary Beaudreau, we expect that a Special Assistant for Alaska will be appointed soon.

Arctic National Wildlife Refuge

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 stalled after being passed by the House. This was caused by Senator Manchin’s refusal to support the House version. We are hopeful that a compromise version will eventually be approved, and the Arctic Refuge lease repeal will remain in a revised version of the legislation. In the meantime, USFWS and BLM must begin the lengthy and expensive process of developing the Supplemental Environmental Impact Statement (EIS) required by order of the Secretary. This will be an unfortunate waste of scarce resources if it is ultimately rendered moot by repeal of the leasing program.

There has been no development concerning the threat to the Coastal Plain posed by the SF 299 application by Kaktovik Inupiat Corporation (KIC) for a winter right-of-way across the tundra in a wilderness study area. The significance of this effort by KIC is related to the Izembek application for a similar inholding right-of-way. If these questionable gambits succeed, it will make that process available for similar claims in other refuges and possibly all federal conservation units. That would be a disaster for all national conservation lands.

The contractor hired by the USFWS continues its evaluation of the Kaktovik claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including wilderness study areas.

Izembek National Wildlife Refuge
There still is 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. None of the parties asked for a stay, so we await further word from the Court. We also await a final decision by USFWS Acting Regional Director in Anchorage regarding the State’s appeal of the denial of helicopter use in the designated Wilderness, but we expect that the appeal will be denied.

Alaska Maritime National Wildlife Refuge
The comment period closed on the Bureau of Ocean Energy Management (BOEM) Draft Environmental Statement (DEIS) for the Lower Cook Inlet oil and gas development lease sale of approximately 1.09 million acres of seafloor from Kalgin Island in the north to Augustine Island in the south. The proposed developments would create drilling platforms, underwater pipelines, and greatly increased industrial transportation in Lower Cook Inlet and pose a high risk of oil spills that could seriously impact lands and wildlife in the Maritime Refuge.

Other Refuges
We have no significant updates on Kenai Refuge regulations or Yukon Flats Refuge oil exploration in Doyon inholdings. 

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.

by David Raskin, Friends Board President

The U.S. Senate held a confirmation hearing for Acting Director Martha Williams to become Director of the U.S. Fish and Wildlife Service (USFWS). We expect that she will be confirmed soon and will be a strong supporter of the Refuges. We still have no word on the possible successor to Regional Director Greg Siekaniec.  The Acting Regional Director is Karen Clark Cogswell, Brian Glaspell will become the Deputy Acting Regional Director, and Socheata Lor will become the Acting Regional Chief of Refuges 

Arctic National Wildlife Refuge
The Budget Reconciliation bill was passed by the House and includes repeal of the Arctic National Wildlife Refuge oil and gas program and a buy-back of all existing leases: Section 20001 of Public Law 115–97 is repealed, and any leases issued pursuant to section 20001 of Public Law 115–97 are hereby canceled, and all payments related to the leases shall be returned to the lessee(s) within 30 days of enactment of this section. The legislation is now in the lengthy Senate process and may receive a final vote this year or possibly in January. We expect that the Arctic Refuge lease repeal will remain in the final version of the legislation. In the meantime, the BLM issued the scoping report for the Supplemental EIS on the leasing program. Significantly, the USFWS was elevated to co-manage the Supplemental EIS with BLM. This was a very positive development due to successful efforts by USFWS to play a major role regarding this proposed development on a national wildlife refuge managed by the USFWS! Hopefully, this process will be rendered moot after the Budget Reconciliation becomes law.

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 is waiting for KIC to provide additional information to complete their 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 all federal conservation units. That would be a disaster for all national conservation lands.

The contractor hired by the USFWS continues its evaluation of Kaktovik’s claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including wilderness study areas. Since in-person interviews in Kaktovik must be held as part of the process, it is doubtful that the final report will be completed before next year.

Izembek National Wildlife Refuge
There still is 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. None of the parties asked for a stay, so we await further word from the Court. 
 
The State had appealed the decision by USFWS that denied the use of helicopters for the Special Use Permits for activities in designated Wilderness. No final decision has been announced by the USFWS Acting Regional Director in Anchorage, but we expect that the appeal will be denied. 

Alaska Maritime National Wildlife Refuge
The Bureau of Ocean Energy Management (BOEM) issued the Draft Environmental Statement (DEIS) for the Lower Cook Inlet oil and gas development lease sale of approximately 1.09 million acres of seafloor from Kalgin Island in the north to Augustine Island in the south. The proposed developments would create drilling platforms, underwater pipelines, and greatly increased industrial transportation in Lower Cook Inlet and pose a high risk of oil spills which could seriously impact lands and wildlife in the Maritime Refuge. You can provide written comments at: boem.gov/ak258. Click HERE  for more information. The public comment period closes December 13.

Other Refuges
We have no significant updates on Kenai Refuge regulations or Yukon Flats Refuge oil exploration in Doyon inholdings.  The Yukon Delta Refuge closed hunting on the Mulchatna caribou herd, but there are abundant moose to support subsistence hunting. The State continues to monitor predation of the herd with regard to possible predator control in the Yukon Delta and Togiak Refuges. However, existing evidence indicates that predation is not the primary cause of recent declines in the caribou population.

by David Raskin, Friends Board President

It was a wild year! The Department of the Interior (DOI) held the oil and gas leasing sale in the Arctic Refuge and pushed the Kenai Refuge to adopt destructive proposed wildlife and management regulations. However, there is hope on the horizon.

Kenai Regulations
The Kenai Refuge submitted to Fish and Wildlife Service (FWS) a “skinny version” of the proposed regulations that omitted the baiting of brown bears and the removal of the Refuge trapping regulations. It went up the chain of command in Washington and was signed by the Assistant Secretary. However, pressure from the State of Alaska prevented it from being adopted, and FWS Director Skipwith began a rewrite of the proposal. If such a rewrite were to be published before the inauguration, it would not satisfy legal environmental and management requirements and would be subject to formal challenges. In light of the chaos in Washington and the limited resources at DOI, we are hopeful that there will be no formal action on the proposed regulations and no change to the current Kenai regulations. It is highly unlikely that the Biden administration would disturb the excellent regulations currently in place.

Arctic National Wildlife Refuge
Our motion for a preliminary injunction to prevent the lease sale and seismic testing was denied by the Alaska Federal District Court (Read Trustees Press Release Here]. However, the Court issued a very narrow ruling that did not address the merits of our pending lawsuits and does not diminish our chances for ultimate success. The DOI then held the lease sale on January 6, which was a complete bust! No major oil company entered a bid, and only 11 of the 22 tracts received a bid, 9 from the State of Alaska AIDEA and 2 from small bidders. Instead of the $1.8 billion revenue projected in the authorization under the 2017 Tax Act, the sale produced only $14 million, less than 0.1% of the promised windfall. The Arctic Refuge Defense Campaign deserves our heartfelt thanks for their marvelous work in bringing about this great result!
 
The Court did not grant the injunction on the seismic testing because it found no imminent harm because the permit has not been finalized.   Bureau of Land Management continues to process the permit for seismic exploration on the Coastal Plain that Kikiktagruk Inupiat Corporation hopes to begin this winter. 
 
The Arctic Refuge Defense Campaign (ARDC) continued their highly successful meetings with financial institutions concerning the dangers of Arctic drilling and the financial risks of supporting such efforts. All major US and Canadian banks and dozens of more than 24 major financial institutions will not fund resource development in the Arctic National Wildlife Refuge. ARDC has continued their pressure on Chevron Oil and insurance companies to join the major financial institutions in refusing to fund oil development in the arctic. 

Izembek National Wildlife Refuge
The State of Alaska continued work on its application to FWS to construct a road through the Refuge under the theory that they are entitled to access to inholdings under Alaska National Interest Lands Conservation Act (ANILCA) 1110(b). The State needs a Clean Water Act 404 permit from the Army Corps and will seek other ANILCA temporary permits for site investigation. There are National Environmental Policy Act (NEPA) requirements and other ANILCA permitting requirements that apply to this process. It is our understanding that their initial applications to FWS have been rejected as incomplete, and they have until January 22 to resubmit. By then, there will be a new administration that we hope will be able to stop this latest assault on the Izembek Wilderness.

Mulchatna Caribou
The latest data indicate a slight improvement in the declining population of Mulchatna caribou herd that ranges over a huge area of Western Alaska including large portions of the Togiak and Yukon Delta Refuges. The State wants to extend its current, unsuccessful predator control activities to federal lands within the refuges. However, this is not consistent with FWS management practices and is unlikely to achieve the State’s hopes of increasing the caribou population. Since the declines in the caribou numbers are most likely due to human predation and smaller impacts of habitat loss and other factors, FWS is working to inform the local subsistence hunters about the problems of overharvest and enlist their support for a moratorium on hunting caribou.