Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Proposed Rules 62025 

local transportation costs, which would 

not be affected by a change in the longdistance transportation costs. Id. 

d. The air-related costs (for both cuberelated and weight-related costs) are 

adjusted based on the percentage change 

in the proportion of Priority Mail 

transported on air for that zone. Id. 

e. The distance-related surface costs 

are adjusted based on the percentage 

change in the proportion of Priority 

Mail transported on surface for that 

zone. Id. at 4. 

The Postal Service states that this 

methodology can be updated and 

applied monthly to ensure that the 

transportation costs reflect the most 

recent operational conditions as 

operational changes occur throughout 

the year. Id. 

The Postal Service also states that 

there are two exceptions to this 

methodology. First, for any NSAs filed 

during January, the transportation 

adjustment from November will be used 

instead of the adjustment from 

December. Id. The Postal Service 

explains that this is because the air and 

surface proportions during peak season 

are considerably different from the rest 

of the fiscal year and would not be 

predictive of the costs that would be 

incurred during the first full year of the 

NSA. Id. Second, for Priority Mail NonPublished Rates agreements filed in 

Docket No. CP2020–170, instead of 

applying the adjustment every month, 

the adjustment will only be applied 

when the price floors are updated every 

year. Id. 

The Postal Service notes that this 

methodology would only be used for 

forward-looking financial projections, 

and NSA cost coverage reported during 

the ACR would still be calculated using 

the average costs for the FY. Id. at 4–5. 

Rationale. The Postal Service explains 

that due to the changes in transportation 

network in FY 2023, the FY 2022 costs 

for Priority Mail may no longer be 

predictive of the expected costs for 

Priority Mail NSAs being negotiated 

through the end of calendar year 2023. 

Id. at 5. The Postal Service states that 

similarly, the FY 2023 costs may also 

not be predictive of the costs for Priority 

Mail NSAs being negotiated during 

calendar year 2024, because of network 

changes scheduled to take place 

throughout FY 2024. Id. The Postal 

Service asserts that Proposal Four 

provides a methodology that uses 

current census data from PTR to adjust 

the base FY transportation costs to 

reflect the most recent operational 

changes, which will be an improvement 

in the accuracy of the projected cost 

coverage of NSAs. Id. 

Impact. According to the Postal 

Service, the proposed changes have no 

impact on any product-level costs such 

as those that would have been reported 

in the FY 2022 Public Cost and Revenue 

Analysis Report, because the proposal 

concerns only the reporting of Priority 

Mail transportation costs by zone. Id. at 

5–6. The Postal Service provides the 

impact for each component by zone and 

the combined impact in Library 

Reference USPS–RM2023–9–NP1 under 

seal. Id. at 5. 

III. Notice and Comment 

The Commission establishes Docket 

No. RM2023–9 for consideration of 

matters raised by the Petition. More 

information on the Petition may be 

accessed via the Commission’s website 

at http://www.prc.gov. Interested 

persons may submit comments on the 

Petition and Proposal Four no later than 

September 29, 2023. Pursuant to 39 

U.S.C. 505, Madison Lichtenstein is 

designated as an officer of the 

Commission (Public Representative) to 

represent the interests of the general 

public in this proceeding. 

IV. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. RM2023–9 for consideration of the 

matters raised by the Petition of the 

United States Postal Service for the 

Initiation of a Proceeding to Consider 

Proposed Changes in Analytical 

Principles (Proposal Four), filed August 

28, 2023. 

2. Comments by interested persons in 

this proceeding are due no later than 

September 29, 2023. 

3. Pursuant to 39 U.S.C. 505, the 

Commission appoints Madison 

Lichtenstein to serve as an officer of the 

Commission (Public Representative) to 

represent the interests of the general 

public in this docket. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2023–19361 Filed 9–7–23; 8:45 am] 

BILLING CODE 7710–FW–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 2360 

[BLM_HQ_FRN_MO4500173644] 

RIN 1004–AE95 

Management and Protection of the 

National Petroleum Reserve in Alaska 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: The Bureau of Land 

Management (BLM) is proposing a new 

rule to govern the management of 

surface resources and Special Areas in 

the National Petroleum Reserve in 

Alaska (NPR–A), consistent with its 

duties under the Naval Petroleum 

Reserves Production Act (NPRPA), 

Federal Land Policy and Management 

Act (FLPMA), and other authorities. The 

proposed rule would revise the 

framework for designating and assuring 

maximum protection of Special Areas’ 

significant resource values, and would 

protect and enhance access for 

subsistence activities throughout the 

NPR–A. It would also incorporate 

aspects of the NPR–A Integrated 

Activity Plan (IAP) approved in April 

2022. The proposed rule would have no 

effect on currently authorized oil and 

gas operations in the NPR–A. We solicit 

comments on all aspects of this 

proposed action. 

DATES: Please submit comments on this 

proposed rule to the BLM on or before 

November 7, 2023. The BLM is not 

obligated to consider any comments 

received after this date in making its 

decision on the final rule. 

Information Collection Requirements: 

This proposed rule includes existing 

and a proposed new informationcollection requirement that must be 

approved by the Office of Management 

and Budget (OMB). If you wish to 

comment on the information-collection 

requirements, please note that such 

comments should be sent directly to the 

OMB, and that the OMB is required to 

make a decision concerning the 

collection of information contained in 

this proposed rule between 30 and 60 

days after publication of this document 

in the Federal Register. Therefore, a 

comment to the OMB on the proposed 

information-collection revisions is best 

assured of being given full consideration 

if the OMB receives it by November 7, 

2023. 

ADDRESSES: 

Mail, Personal, or Messenger Delivery: 

U.S. Department of the Interior, Director 


lotter on DSK11XQN23PROD with PROPOSALS1
62026 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Proposed Rules 

(630), Bureau of Land Management, 

1849 C St. NW, Room 5646, 

Washington, DC 20240, Attention: 

1004–AE95. 

Federal eRulemaking Portal: https://

www.regulations.gov. In the Searchbox, 

enter ‘‘RIN 1004–AE95 and click the 

‘‘Search’’ button. Follow the 

instructions at this website. 

For Comments on Information— 

Collection Activities 

Written comments and suggestions on 

the information-collection requirements 

should be submitted by the date 

specified (see DATES) to 

www.reginfo.gov/public/do/PRAMain. 

Find this specific information-collection 

by selecting ‘‘Currently under Review— 

Open for Public Comments’’ or by using 

the search function. If you submit 

comments on these informationcollection burdens, you should provide 

the BLM with a copy at one of the 

addresses shown earlier in this section, 

so that we can summarize all written 

comments and address them in the final 

rulemaking. Please indicate ‘‘Attention: 

OMB Control Number 1004–XXXX (RIN 

1004–AE95) regardless of the method 

used to submit comments on the 

information collection burdens. 

Comments not pertaining to the 

proposed rule’s information-collection 

burdens should not be submitted to 

OMB. The BLM is not obligated to 

consider or include in the 

Administrative Record for the final rule 

any comments that are improperly 

directed to OMB. 

FOR FURTHER INFORMATION CONTACT: 

James Tichenor, Advisor—Office of the 

Director, at 202–573–0536 or jtichenor@

blm.gov with a subject line of ‘‘RIN 

1004–AE95.’’ For questions relating to 

regulatory process issues, contact Faith 

Bremner at fbremner@blm.gov. 

Individuals in the United States who 

are deaf, deafblind, hard of hearing, or 

have a speech disability may dial 711 

(TTY, TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. For a 

summary of the proposed rule, please 

see the proposed rule summary 

document in docket BLM–2023–0006 on 

www.regulations.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

II. Background 

A. Introduction 

B. Brief Administrative History of the 

NPR–A 

C. Statutory Authority for Managing the 

NPR–A 

D. Current Conditions 

E. Need for the Rule 

III. Section-by-Section Discussion 

IV. Procedural Matters 

I. Public Comment Procedures 

If you wish to comment on this 

proposed rule, you may submit your 

comments to the BLM by mail, personal 

or messenger delivery during regular 

hours (7:45 a.m. to 4:15 p.m.), Monday 

through Friday, except holidays, or 

through https://www.regulations.gov 

(see the ADDRESSES section). 

Please make your comments on the 

proposed rule as specific as possible, 

confine them to issues pertinent to the 

proposed rule, explain the reason for 

any changes you recommend, and 

include any supporting documentation. 

Where possible, your comments should 

reference the specific section or 

paragraph of the proposal that you are 

addressing. The BLM is not obligated to 

consider or include in the 

Administrative Record for the proposed 

rule comments that we receive after the 

close of the comment period (see DATES) 

or comments delivered to an address 

other than those listed earlier (see 

ADDRESSES). 

Comments, including names and 

street addresses of respondents, will be 

available for public review at the 

address listed under ADDRESSES. Before 

including your address, telephone 

number, email address, or other 

personal identifying information in your 

comment, be advised that your entire 

comment, including your personal 

identifying information, may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold from public review your 

personal identifying information, we 

cannot guarantee that we will be able to 

do so. 

II. Background 

A. Introduction 

This proposed rule would revise the 

management framework for surface 

resources throughout the NPR–A and 

Special Areas in the NPR–A. The BLM 

has not updated this framework in the 

more than 45 years since the original 

and still current rule for management of 

NPR–A surface resources and Special 

Areas was promulgated in 1977. 42 FR 

28721 (June 3, 1977). Currently, the 

legal standards and procedures that 

govern the NPR–A are scattered 

throughout several statutes, regulations, 

plans, and guidance documents. This 

proposed rule would provide a more 

comprehensive guide to managing the 

NPR–A. It would improve upon the 

existing regulations’ standards and 

procedures to balance oil and gas 

activities with the protection of surface 

resources in the NPR–A; designate and 

assure maximum protection of Special 

Areas’ significant resource values; and 

maintain and enhance access for longstanding subsistence activities. The 

proposed rule would also implement 

statutory provisions that post-date the 

current regulations, including the 

Department of the Interior 

Appropriations Act, Fiscal Year 1981, 

which directed the Secretary to 

‘‘conduct an expeditious program of 

competitive leasing of oil and gas’’ in 

the NPR–A, while ‘‘provid[ing] for such 

conditions, restrictions, and 

prohibitions as the Secretary deems 

necessary or appropriate to mitigate 

reasonably foreseeable and significantly 

adverse effects on . . . surface resources 

. . . .’’ Public Law 96–514, 94 Stat. 

2957 (1980). The proposed rule would 

not affect existing leases in the NPR–A. 

B. Brief Administrative History of the 

NPR–A 

In the early 20th century, the Federal 

government established several naval 

petroleum reserves on public land, 

including the NPR–A, which President 

Warren G. Harding designated in 1923. 

Exec. Order 3797–A. The NPR–A 

extends from the north slope of the 

Brooks Range to the Arctic Coast and 

encompasses approximately 23 million 

acres of public land. 

In the decades that followed, the U.S. 

Navy began exploring for oil and gas in 

the NPR–A; however, by the 1970s, as 

Congress began debating the role of the 

naval petroleum reserves within the 

context of the nation’s changing energy 

needs, the NPR–A remained ‘‘largely 

unexplored and almost completely 

undeveloped.’’ H.R. Rep. No. 94–156, at 

3 (1975). In 1976, Congress passed the 

NPRPA, which transferred management 

of the NPR–A to the Department of the 

Interior (DOI) and directed the President 

to prepare a study to ‘‘determine the 

best overall procedures’’ for exploring, 

developing, and transporting the 

reserve’s oil and gas resources. Public 

Law 94–258, section 105 (1976) 

(codified at 42 U.S.C. 6505(b)). 

In the NPRPA, Congress sought to 

strike a balance between exploration 

and ‘‘the protection of environmental, 

fish and wildlife, and historical or 

scenic values’’ in the NPR–A. It did so 

by directing the Secretary to 

‘‘promulgate such rules and regulations 

as he [or she] deems necessary and 

appropriate for the protection of such 

values within the reserve.’’ 42 U.S.C. 

6503(b). The Conference Report 

explained that the Act would 

immediately vest responsibility for 

protection of the NPR–A’s ‘‘natural, fish 


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1BLM, Colville River Special Area (CRSA) 

Management Plan Environmental Assessment (EA) 

1 (July 2008), available at https://

eplanning.blm.gov/public_projects/nepa/5251/ 

160692/196467/Colville_River_Special_Area_

EA.pdf; Designation of Additions to Special Areas 

in NPR–A; Alaska, 64 FR 16,747 (April 6, 1999). 

2 64 FR 16747; BLM, NPR–A Final Integrated 

Activity (IAP) Plan/Environmental Impact 

Statement (EIS) 355 (Nov. 2012), available at 

https://eplanning.blm.gov/public_projects/nepa/ 

5251/41003/43153/Vol1_NPR-A_Final_IAP_

FEIS.pdf. 

3BLM, Northwest NPR–A IAP/EIS Record of 

Decision (ROD) 4 (Jan. 2004), available at https:// 

web.archive.org/web/20041204130751/http://

www.ak.blm.gov/affairs/press/pr2003/Final_

Northwest_NPR-A_ROD.pdf. 

4BLM, NPR–A IAP ROD 4 (Feb. 2013), available 

at https://eplanning.blm.gov/public_projects/nepa/ 

5251/42462/45213/NPR-A_FINAL_ROD_2-21- 

13.pdf. 

5 Id. at 19. 

6 Id. at 4. 

7 Id. 

8BLM, NPR–A IAP ROD 2–3 (Apr. 2022), 

available at https://eplanning.blm.gov/public_

projects/117408/200284263/20058238/250064420/ 

2022_NPRA_IAP_ROD_508.pdf. 

and wildlife, scenic and historical 

values . . . in the Secretary of the 

Interior . . . so that any activities which 

are or might be detrimental to such 

values will be carefully controlled.’’ 

H.R. Conf. Rep. No. 94–942 (1976). The 

report stated the Conference 

Committee’s expectation ‘‘that the 

Secretary will take every precaution to 

avoid unnecessary surface damage and 

to minimize ecological disturbances 

throughout the reserve.’’ Id. 

In the same Act, Congress directed 

that ‘‘[a]ny exploration within the 

Utukok River, the Teshekpuk Lake 

areas, and other areas designated by the 

Secretary of the Interior containing any 

significant subsistence, recreational, fish 

and wildlife, or historical or scenic 

value, shall be conducted in a manner 

which will assure the maximum 

protection of such surface values to the 

extent consistent with the requirements 

of this Act for the exploration of the 

reserve.’’ 42 U.S.C. 6504(a). The 

Conference Report elaborated that the 

Act would ‘‘immediately authorize the 

Secretary to require that the exploration 

activities within these designated areas 

be conducted in a manner designed to 

minimize adverse impacts on the values 

which these areas contain.’’ H.R. Conf. 

Rep. No. 94–942 (1976). The ‘‘maximum 

protection’’ standard is an unusually 

high protective bar in comparison to 

other statutes granting authority to the 

BLM. See, e.g., 43 U.S.C. 1632; 16 U.S.C. 

7202(c)(2). 

1. Special Area Designations 

There are currently five Special Areas 

in the NPR–A that protect a wide range 

of significant subsistence, recreational, 

fish and wildlife, historical, and scenic 

values. Responding to the congressional 

mandate to protect the values of highly 

sensitive areas in the NPR–A, 

particularly Teshekpuk Lake and the 

Utukok River Uplands, which the 

NPRPA specifically identified for 

protection, the Secretary in 1977 

delineated the boundaries of those two 

congressionally designated Special 

Areas and also designated a third: the 

Colville River Special Area. 42 FR 

28723 (June 3, 1977). The Secretary 

specifically identified the significant 

resource values to be protected for each 

of the three Special Areas: 

• Colville River: ‘‘The central Colville 

River and some of its tributaries provide 

critical nesting habitat for the Arctic 

peregrine falcon, an endangered species. 

The bluffs and cliffs along the Colville 

River provide nesting sites with the 

adjacent areas being utilized as food 

hunting areas. . . . A total area of 

approximately 2,300,000 acres within 

the reserve is identified for inclusion in 

the Colville River special area.’’ Id. 

• Teshekpuk Lake: ‘‘The Teshekpuk 

Lake and its watershed are an important 

nesting, staging, and molting habitat for 

a large number of ducks, geese, and 

swans. Because of its importance to 

these migratory birds and numerous 

other waterbirds, a total of 

approximately 1,734,000 acres is 

identified as the Teshekpuk Lake 

special area.’’ Id. 

• Utukok River Uplands: ‘‘The 

Utukok River Uplands special area 

contains critical habitat for caribou. The 

critical decline in the population level 

of the western Arctic caribou herd (from 

70,000 in 1975 to 35,000 in 1976) 

necessitates maximum protection of this 

area, which is ordinarily the calving 

territory for this herd. . . . Because of 

the nomadic nature of the caribou, a 

large area encompassing approximately 

4,032,000 acres is included within this 

area.’’ Id. 

In 1999, the Secretary expanded the 

Colville River and Teshekpuk Lake 

Special Areas. The Secretary added 

‘‘much of the Kikiakrorak and 

Kogosukruk Rivers and an area 

approximately two miles on either side 

of these rivers’’ to the Colville River 

Special Area, increasing its size to 2.44 

million acres.1 The Secretary also added 

the 10,000-acre Pik Dunes Land Use 

Emphasis Area to the Teshekpuk Lake 

Special Area.2

In 2004, the Secretary designated a 

fourth Special Area, Kasegaluk Lagoon, 

which encompasses 97,000 acres. 70 FR 

9096 (Feb. 24, 2005). The Kasegaluk 

Lagoon Special Area is located in the 

northwestern corner of the NPR–A and 

includes important habitat for marine 

mammals, among other values.3

In 2013, the Secretary made several 

decisions concerning Special Areas. 

First, the Secretary designated a fifth 

Special Area: Peard Bay. The 107,000- 

acre area was designated to ‘‘protect 

haul-out areas and nearshore waters for 

marine mammals and a high use staging 

and migration area for shorebirds and 

waterbirds.’’ 4 Second, the Secretary 

expanded the Teshekpuk Lake Special 

Area by 2 million acres ‘‘to encompass 

all the roughly 30-to-50-mile band of 

land valuable for bird and caribou 

habitat between Native-owned lands 

near Barrow and Native-owned lands 

near Nuiqsut . . . .’’ 5 Third, the 

Secretary expanded the Utukok River 

Uplands Special Area to 7.1 million 

acres ‘‘to more fully encompass prime 

calving and insect-relief habitat within 

the NPR–A . . . .’’ 6 Finally, the 

Secretary broadened the purpose of the 

Colville River Special Area to include 

the ‘‘protect[ion of] all raptors, rather 

than the original intent of protection for 

arctic peregrine falcons.’’ 7

The BLM currently manages all five 

Special Areas in accordance with the 

NPR–A IAP Record of Decision (ROD) of 

April 2022. The IAP provides for the 

management of the NPR–A, designates 

areas within the NPR–A for oil and gas 

leasing, infrastructure, and special 

protections, and identifies stipulations 

and required operating procedures to 

mitigate the impact of oil and gas and 

other permitted activities.8 The first 

IAP, which the BLM finalized in 1998, 

addressed management of the northeast 

NPR–A. This IAP superseded a 1983 oil 

and gas leasing environmental impact 

statement (EIS), which, until 1998, 

controlled leasing decisions throughout 

the NPR–A. In 2004 the BLM issued a 

separate IAP for the northwest NPR–A, 

and in 2013, the BLM approved an IAP 

that addressed activities and resources 

throughout the NPR–A. 

The current IAP, adopted in April 

2022, was informed by a Final EIS 

issued by the agency in 2020. The EIS 

evaluated a range of alternatives for 

managing oil and gas activities and 

resources in the NPR–A. These 

alternatives were informed and shaped 

by extensive outreach efforts with the 

public and stakeholders, including: 

• Scoping: During the scoping period 

from November 21, 2018, to February 

15, 2019, the BLM held eight public 

meetings in Alaska and received 

approximately 56,000 comment 

submissions, including form letters. 

• Public Review of the Draft IAP/EIS: 

During the comment period for the Draft 

IAP/EIS from November 25, 2019, 


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9U.S. Geological Survey, The NPR–A Data 

Archive 2 (Mar. 2001), available at https://

pubs.usgs.gov/fs/fs024-01/fs024-01.pdf. 

10BLM, Northeast NPR–A Final IAP/EIS (Aug. 

1998), available at https://web.archive.org/web/ 

20001018022001/http:/aurora.ak.blm.gov/npra/ 

final/html/contents_vol1.html. 

11 Id. 

12BLM, NPR–A Sale Statistics 1999 to Present, 

available at https://www.blm.gov/sites/blm.gov/ 

files/documents/files/Oil_Gas_Alaska_NPR-A_

LeaseSale_Statistics_1999toPresent.pdf. 

13 Id. 

14See, e.g., BLM, NPR–A Final IAP/EIS at 3–338 

(June 2020), available at https://eplanning.blm.gov/ 

public_projects/117408/200284263/20020421/ 

250026625/Volume%202_Appendices%20B-Y.pdf; 

BLM, Northeast NPR–A IAP/EIS ROD 13 (Oct. 1998) 

BLM, Amendment to the Northeast NPR–A IAP/EIS 

ROD 22 (Jan. 2006) (‘‘Maximum protection of 

important surface resources is provided in Special 

Areas designated by the Secretary through a 

combination of prohibitions, restrictions, and 

stipulations restricting oil and gas facilities and 

other activities that might adversely impact wildlife 

habitat and subsistence use areas.’’)., available at 

https://web.archive.org/web/20170212030656/ 

https://www.blm.gov/style/medialib/blm/ak/aktest/ 

planning/ne_npra_final_supplement.Par.

62144.File.dat/npra_final_app_l.pdfhttps://

web.archive.org/web/20170301153536/https:/ 

www.blm.gov/style/medialib/blm/ak/aktest/ 

planning/ne_npra.Par.77875.File.dat/nerod_

122205final.pdf. 

through February 5, 2020, the BLM held 

eight public meetings in Alaska and 

received more than 82,000 comments, 

including form letters and signed 

petitions. 

• Comments received after the Final 

IAP/EIS was released and prior to the 

ROD: In reaching the decision in the 

2022 ROD, the BLM reviewed and fully 

considered comments received after 

distribution of the Final IAP/EIS on 

June 26, 2020. The comments did not 

identify any significant new 

circumstances or information related to 

environmental concerns bearing upon 

the proposed action or its impacts. 

Instead, they generally reflected 

concerns already raised by comments 

submitted during scoping and the 

public’s review of the Draft IAP/EIS. 

In addition to the above, the current 

IAP benefited from suggestions and 

careful review of the analysis in the 

IAP/EIS by several cooperating agencies: 

the Bureau of Ocean Energy 

Management, In ̃upiat Community of the 

Arctic Slope, National Park Service, 

North Slope Borough, State of Alaska, 

and U.S. Fish and Wildlife Service. 

During the IAP/EIS process, the BLM 

consulted with: 

• Tribes as required by a Presidential 

Executive Memorandum dated April 29, 

1994; 

• Communities, Tribal organizations, 

and Native corporations on the North 

Slope; 

• The U.S. Fish and Wildlife Service 

and the National Oceanic and 

Atmospheric Administration— 

Fisheries pursuant to the Endangered 

Species Act; and 

• Alaska’s State Historic Preservation 

Office pursuant to the National Historic 

Preservation Act. 

Pursuant to Alaska National Interest 

Lands Conservation Act (ANILCA) 

section 810(a)(1) and (2), the BLM also 

conducted hearings in North Slope 

communities to gather comments 

regarding potential impacts to 

subsistence use resulting from the 

alternatives considered in the IAP/EIS. 

2. Oil and Gas Leasing in the NPR–A 

In 1980, Congress authorized 

competitive leasing of Federal oil and 

gas resources in the NPR–A. Public Law 

96–514 (1980) (codified at 42 U.S.C. 

6506a(a)). The BLM held two NPR–A 

lease sales in 1982 and one each in 1983 

and 1984.9 After receiving no bids 

during the 1984 lease sale and 

determining that the oil and gas 

industry had ‘‘little interest in another 

lease sale,’’ the BLM discontinued sales 

in the NPR–A for the next 15 years.10

In the 1990s, following technological 

advances and successful development 

on nearby State lands, industry 

expressed a desire to resume leasing in 

the NPR–A.11 The BLM restarted lease 

sales in 1999 and, over the next 2 

decades, held a total of 15 sales for the 

NPR–A. These sales initially generated 

considerable bonus bid revenue for the 

Federal government and the State of 

Alaska, as the BLM collected an average 

of $74 million in bonus bids at sales 

held in 1999, 2002, and 2004.12

However, bid revenue dropped off 

significantly as lands in the NPR–A 

with the highest potential for 

development were leased. Between 2006 

and 2019, the BLM received an average 

of just $6 million in bonus bids per sale, 

and millions of acres offered for lease 

went unsold. Between 1999 and 2019, 

the BLM offered nearly 60 million acres 

of leases in the NPR–A but received bids 

on just 12 percent of that acreage.13

C. Statutory Authority for Managing the 

NPR–A 

1. NPRPA 

The NPRPA is the primary source of 

management authority for the NPR–A. 

Under the NPRPA, the Secretary must 

‘‘assume all responsibilities’’ for ‘‘any 

activities related to the protection of 

environmental, fish and wildlife, and 

historical or scenic values’’ and 

‘‘promulgate such rules and regulations 

as he [or she] deems necessary and 

appropriate for the protection of such 

values within the reserve.’’ 42 U.S.C. 

6503(b). 

Congress has also directed the 

Secretary to ‘‘conduct an expeditious 

program of competitive leasing of oil 

and gas’’ in the NPR–A. Id. at 6506a(a). 

But the Secretary must ensure that all 

activities taken pursuant to the NPRPA 

‘‘include or provide for such conditions, 

restrictions, and prohibitions as the 

Secretary deems necessary or 

appropriate to mitigate reasonably 

foreseeable and significantly adverse 

effects on the surface resources’’ 

throughout the NPR–A. Id. at 6506a(b). 

The NPRPA also authorizes the 

Secretary to designate Special Areas to 

protect ‘‘significant subsistence, 

recreational, fish and wildlife, or 

historical or scenic value[s]’’ in the 

NPR–A and provides that any 

‘‘exploration’’ in Special Areas ‘‘shall be 

conducted in a manner which will 

assure the maximum protection of such 

surface values to the extent consistent 

with the requirements of this Act for the 

exploration of the reserve.’’ Id. at 

6504(a). Congress enacted that provision 

in 1976, prior to its authorization of 

competitive leasing in 1980. As a result, 

that provision expressly references only 

‘‘exploration’’ and not leasing or other 

oil and gas activities. Nonetheless, the 

BLM has long interpreted that language 

to require maximum protection of 

Special Areas’ significant resource 

values from the impacts of all oil and 

gas activities.14 In 1980, when Congress 

authorized the Secretary to lease oil and 

gas in the NPR–A, it expressly required 

the BLM to ‘‘mitigate reasonably 

foreseeable and significantly adverse 

effects on surface resources’’ throughout 

the NPR–A. 42 U.S.C. 6506a(b). That 

mandate mirrored the 1976 Conference 

Committee’s statement that ‘‘it . . . 

expected . . . the Secretary will take 

every precaution to avoid unnecessary 

surface damage and to minimize 

ecological disturbances throughout the 

reserve’’ and not solely in Special Areas. 

H.R. Rep. 94–942, at 21 (1976). The 

1980 Act also provided that ‘‘any 

exploration or production undertaken 

pursuant to this section be in 

accordance with section 104(b) of the 

Naval Petroleum Reserves Production 

Act of 1976.’’ 90 Stat. 2965. The 

referenced section of the NPRPA is the 

maximum protection provision codified 

at section 6504(a), and thus the 

maximum protection provision applies 

to production activities as well as 

exploration. In any event, it would make 

little sense for Congress to require 

maximum protection of surface values 

from exploration while requiring lesser 

protection from the greater impacts of 

oil and gas development. Accordingly, 

in the BLM’s longstanding view, reading 


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15BLM, Determination of NEPA Adequacy 

(DNA): NPR–A IAP 2020 Final EIS Evaluation 9 

(Apr. 2022), available at https://eplanning.blm.gov/ 

public_projects/117408/200284263/20058231/ 

250064413/NPRA%20IAP%20DNA%20signed

%20508.pdf. 

16National Oceanic and Atmospheric 

Administration, 2022 Arctic Report Card, available 

at https://www.arctic.noaa.gov/Report-Card/ReportCard-2022. 

17BLM, Willow Master Development Plan (MDP) 

Supplemental EIS (SEIS) 37–38, 148–49, 415–16, 

422 (Jan. 2023), available at https://

eplanning.blm.gov/public_projects/109410/ 

200258032/20073121/250079303/Willow

%20FSEIS_Vol%201_Ch%201-Ch%205.pdf. 

18 Id. at 413–14. 

19 2020 NPR–A IAP Final EIS at B–3 (June 2020). 

20 Id. at B–5. 

21BLM, Willow MDP ROD 3 (Mar. 2023), 

available at https://eplanning.blm.gov/public_

projects/109410/200258032/20075029/250081211/ 

2023%20Willow%20MDP%20Record%20of

%20Decision.pdf. 

22 DOI, Interior Department Substantially Reduces 

Scope of Willow Project (Mar. 13, 2023), available 

at https://doi.gov/pressreleases/interiordepartment-substantially-reduces-scope-willowproject. 

23 Id. 

24Willow MDP SEIS at 224. 

25 2020 NPR–A IAP Final EIS at 3–180. 

26Willow MDP SEIS at 224. 

27 2020 NPR–A IAP Final EIS at 3–181–82; see 

also Western Arctic Caribou Herd Working Group, 

Draft—2022 Meeting Summary 16–17, available at 

https://westernarcticcaribou.net/wp-content/ 

uploads/2023/02/2022-WACH-WG-MeetingSummary-DRAFT-for-WACHWG-approval-at-2023- 

2.14.2023.pdf. ‘‘Primary causes of mortality are 

predation, ‘unknown’. . . . Since 2005, the herd 

has had more years of decline than increase or 

stability, with cow mortality higher and calf 

recruitment lower.’’ 

28Western Arctic Caribou Herd Working Group, 

Draft—2022 Meeting Summary 16–17, available at 

https://westernarcticcaribou.net/wp-content/ 

uploads/2023/02/2022-WACH-WG-MeetingSummary-DRAFT-for-WACHWG-approval-at-2023- 

2.14.2023.pdf. 

those two provisions (42 U.S.C. 6504(a) 

and 6506a(b)) together, Congress 

intended that BLM would provide for 

heightened (i.e., maximum) protection 

from the impacts of all oil and gas 

activities in Special Areas, but provide 

for lesser protection (mitigating 

reasonably foreseeable significant 

impacts) elsewhere throughout the 

Reserve. Interpreting the special areas 

provision (6504(a)) to apply only to 

exploration activities—when Congress 

chose not to repeal that provision when 

it authorized leasing,—would lead to 

the illogical result that BLM is required 

to apply a higher standard of protection 

for exploration, only to allow the greater 

impacts of oil and gas development to 

harm those same resources. That is, in 

the BLM’s longstanding view, 

inconsistent with Congressional intent. 

2. Other Authorities 

Other authorities that guide 

management of the NPR–A include 

FLPMA and the ANILCA. Although 

Congress in 1980 exempted the NPR–A 

from FLPMA’s land use planning and 

wilderness study requirements, 42 

U.S.C. 6506a(c), it did not exempt the 

NPR–A from FLPMA’s other mandates. 

Hence, the BLM must still ‘‘take any 

action necessary to prevent unnecessary 

or undue degradation’’ of all BLMadministered public lands, including 

within the NPR–A. 43 U.S.C. 1732(b). 

Under section 810 of ANILCA, the 

BLM must ‘‘evaluate the effect’’ of 

proposed oil and gas activities ‘‘on 

subsistence uses and needs . . . .’’ 16 

U.S.C. 3120(a). If such activities will 

‘‘significantly restrict subsistence uses,’’ 

then the BLM must hold hearings in 

affected communities, limit activities to 

‘‘the minimal amount of public lands 

necessary,’’ and take ‘‘reasonable steps 

. . . to minimize adverse impacts upon 

subsistence uses and resources . . . .’’ 

Id. Fulfilling section 810’s requirements 

is of crucial importance for the NPR–A, 

as over 40 communities utilize its 

resources for subsistence purposes.15

D. Current Conditions 

Conditions in the NPR–A are 

changing rapidly, as the Arctic 

continues to warm more than twice as 

fast as the rest of the Earth.16 This is 

causing disruptions to natural 

ecosystems, Native communities, and 

subsistence use patterns throughout the 

NPR–A. Notable changes include 

accelerating permafrost degradation; 

impairment of sensitive wildlife habitat 

and movement corridors, particularly 

for caribou; alterations in plant 

communities; and impacts on 

subsistence activities.17 From a 

management standpoint, climate change 

is ‘‘introduc[ing] substantial 

uncertainty,’’ particularly ‘‘in predicting 

demographic trends of species in the 

area[,] and will make the predicted 

impacts of development more difficult 

to accurately assess.’’ 18

At the same time, oil and gas 

development is continuing in the NPR– 

A, and this proposed rule would have 

no effect on existing activities. 

Approximately 2.5 million acres of the 

NPR–A are currently leased. The bulk of 

existing leases are clustered within an 

area of high development potential 

between Teshekpuk Lake and the 

Colville River.19 Outside of this area, the 

NPR–A’s development potential is 

medium and low.20 Production is 

occurring on two pads in the Greater 

Mooses Tooth (GMT) Unit immediately 

west of the community of Nuiqsut. 

Additional development is planned in 

the Beartooth Unit, including under the 

Willow Master Development Plan 

(MDP), which the BLM approved on 

March 12, 2023. When fully built out, 

the Willow project will include three 

pads with up to 199 wells, a network of 

roads and pipelines, a central 

processing facility, and an operations 

center.21 In conjunction with the 

approval of the Willow MDP, the project 

proponent voluntarily agreed to 

relinquish approximately 68,000 acres 

of leases in the NPR–A, including 

approximately 60,000 acres in the 

Teshekpuk Lake Special Area.22 This 

relinquishment, along with additional 

provisions adopted in the Willow MDP 

ROD, will create an additional buffer 

from exploration and development 

activities near the calving grounds and 

migratory routes for the Teshekpuk Lake 

caribou herd, an important subsistence 

resource for nearby Alaska Native 

communities.23 Significant surface 

resources are found throughout the 

NPR–A, but are concentrated in the 

Teshekpuk Lake Special Area and the 

other Special Areas. These resources 

include: 

• Caribou: Because caribou exhibit 

high fidelity to calving grounds, herds 

are identified based on the location of 

those grounds.24 The NPR–A contains 

extensive calving grounds for two herds: 

the Teshekpuk Caribou Herd and the 

Western Arctic Caribou Herd.25 During 

most years, the highest density of 

calving and post-calving use for the 

Teshekpuk herd occurs southeast of 

Teshekpuk Lake. Based on the results of 

a 2022 photo-census, the Teshekpuk 

herd population appears stable in spite 

of low birth rates and high harvest 

levels.26 The principal calving grounds 

of the Western Arctic herd are located 

in the Utukok River Uplands Special 

Area. After reaching a recorded peak 

population of 243,000 animals in the 

1970s, the Western Arctic herd has 

declined in recent years.27 According to 

the Alaska Department of Fish & Game, 

the Western Arctic herd population now 

stands at roughly 164,000 animals. For 

this reason, the Western Arctic Caribou 

Herd Working Group recently 

designated the herd as ‘‘Preservative, 

Declining’’—a management designation 

that triggers harvest and other 

restrictions—and recommended 

strengthening protections for the 

Western Arctic’s calving grounds in the 

NPR–A.28

• Birds: Concentrations of shore and 

waterbirds in the NPR–A are among the 

highest in the Arctic coastal plain. In 

recognition of this, the National 

Audubon Society has identified seven 

Important Bird Areas in the NPR–A, 

including three within the Colville 

River, Kasegaluk Lagoon, and 

Teshekpuk Lake Special Areas. The East 


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29East Asian-Australasian Flyway Partnership, 

Qupa5uk Flyway Network Site [EAAF133]—East 

Asian-Australasian Flyway Partnership, available at 

https://www.eaaflyway.net/qupaluk-flywaynetwork-site-eaaf133-east-asian-australasianflyway-partnership/. 

30 2020 NPR–A IAP Final EIS at 3–137–46. 

31 2020 NPR–A IAP Final EIS at 3–122, M–2, M– 

3. 

32Willow MDP SEIS at 165. 

33 2020 NPR–A IAP Final EIS at 3–119. 

34 Id. at 3–208–222. 

35 Id. at 3–249–51. 

36 Id. at 3–319. 37 Id. at 3–262. 

Asian-Australasian Flyway Partnership 

(EAAFP) has also designated the 

Qupa5uk EAAFP Flyway Network Site 

within the Teshekpuk Lake Special 

Area.29 The lake contains an 

‘‘exceptional’’ breeding and molting 

ground for geese and other waterfowl, as 

an estimated 573,000 birds breed at the 

lake. The NPR–A also provides habitat 

for two threatened species—the 

spectacled eider and the Alaska 

breeding population of Steller’s eider— 

and 11 BLM Alaska special status 

species. Many of the bird populations 

breeding in the Arctic have been in 

decline since the 1980s; shorebirds as a 

group have declined by about half and 

land-birds by about 20 percent.30

• Fish: Fish are widely distributed in 

the NPR–A’s extensive network of lakes, 

ponds, alluvial and beaded streams, and 

adjacent wetlands. The most common 

fish species are Arctic grayling, broad 

whitefish, burbot, least cisco, Arctic 

cisco, Arctic flounder, round whitefish, 

humpback whitefish, and ninespine 

stickleback. The NPR–A also provides 

‘‘essential’’ habitat for several species of 

Pacific salmon.31 Many fish species, 

particularly anadromous species, 

migrate both locally and extensively 

between major drainages to access 

habitats that support various life history 

stages.32 Most of these habitats currently 

exhibit few, if any, impacts from human 

activities.33

• Marine mammals: Eleven species of 

marine mammals are found in or near 

the NPR–A, including six cetaceans 

(bowhead whales, minke whales, gray 

whales, killer whales, beluga whales, 

and narwhals), four pinnipeds (pacific 

walrus, bearded seals, spotted seals, and 

ringed seals), and the polar bear; four of 

these species are listed as threatened or 

endangered under the ESA. Special 

Areas provide important habitat for 

many marine mammals, including 

spotted seals and walruses, which 

utilize haul-out areas in the Kasegaluk 

Lagoon and Peard Bay Special Areas, 

and polar bears, which are increasingly 

using terrestrial habitats in the 

Teshekpuk Lake Special Area due to 

receding sea ice. Overall, the 

implications of climate change for 

marine mammals in the Arctic are 

substantial. Continued arctic warming 

and the resulting deterioration of sea ice 

pose a major threat to marine mammals 

and their prey in the Arctic.34

• Cultural resources: Although less 

than 3 percent of the NPR–A has been 

surveyed for cultural resources, nearly 

2,000 sites have been identified. 

Additionally, there are 925 documented 

Traditional Land Use Inventory sites in 

the NPR–A, which are important place 

names, landmarks, traditional land use 

sites, travel routes, and other places of 

cultural importance to the North Slope 

In ̃upiat. These sites have ongoing 

spiritual and cultural importance to 

residents of the North Slope. Protecting 

cultural resources sites, both 

documented and undocumented, is of 

concern to the In ̃upiat. However, early 

exploration and development projects 

on the North Slope had a greater 

potential to affect cultural resources due 

to the less stringent regulations and 

identification requirements than those 

in place today. For example, oil 

exploration trails have been associated 

with some damage to the Qalluvuk site, 

a traditional fishing and hunting area 

that also served as a trading station in 

the 1930s. Other observations, 

testimony, and traditional knowledge 

from local residents have documented 

experiences associated with cultural 

resource impacts, including the 

potential disturbance of gravesites and 

camps from winter seismic exploration 

activities.35

• Recreation resources: The NPR–A 

offers numerous unique and primitive 

recreational opportunities, including 

backpacking, boating, sight-seeing, 

hunting, fishing, tourism, and offhighway vehicle use. Because most of 

the NPR–A is considered an unmodified 

natural environment, individual users 

rarely, if ever, encounter other 

recreationists. Guided expeditions for 

backpacking, sight-seeing, and hunting 

primarily occur in the Utukok River 

Uplands. Similar recreational activities 

also occur in the vicinity of Teshekpuk 

Lake and Umiat.36

Over 40 communities harvest 

subsistence resources from the NPR–A, 

including many of the resources 

described earlier. Six communities in 

particular—Anaktuvuk Pass, Atqasuk, 

Nuiqsut, Point Lay, Utqiagvik, and 

Wainwright—harvest all or nearly all of 

their subsistence resources from the 

NPR–A, including large land mammals 

(primarily caribou or moose), furbearers 

and small land mammals, non-salmon 

fish, waterfowl, upland game birds, and 

vegetation. Marine mammals and 

salmon harvesting is less common in the 

NPR–A; instead, they are harvested in 

nearshore areas, such as Peard Bay, 

Elson Lagoon, and Kasegaluk Lagoon.37

Subsistence harvesting is the 

cornerstone of the traditional 

relationship of the In ̃upiat people with 

their environment. Residents of 

communities in and around the NPR–A 

rely on subsistence harvests of plant and 

animal resources for nutrition and their 

cultural, economic, and social wellbeing. Activities associated with 

subsistence—processing; sharing; 

redistribution networks; cooperative 

and individual hunting, fishing, 

whaling, and gathering; and ceremonial 

activities—strengthen community and 

family social ties, reinforce community 

and individual cultural identity, and 

provide a link between contemporary 

Alaska Natives and their ancestors. 

These activities are guided by 

traditional knowledge based on a longstanding relationship with the 

environment. 

Traditional In ̃upiaq values remain 

strong on the North Slope and include 

respect for nature, humility, love and 

respect for elders, cooperation, hunting 

traditions, knowledge of language, and 

family and kinship. These values are 

embedded within all facets of In ̃upiaq 

society, including subsistence hunting 

and harvesting traditions. The ability to 

pass on these values through the 

continuation of traditional subsistence 

activities in traditional places is critical 

to maintaining In ̃upiat cultural identity. 

Sharing is one of the core values of 

In ̃upiaq society and culture, which 

serves to maintain and strengthen 

familial and social ties both within and 

between communities on the North 

Slope. Traditional feasts such as 

Nalukataq (the spring Whale Festival) 

and Kivgiq (the Messenger Feast) 

revolve around the bringing together of 

communities and the distribution of 

subsistence foods throughout the 

community and region. Extensive 

sharing networks exist between North 

Slope communities, and between the 

North Slope and other regions in 

Alaska. In ̃upiaq people continue to 

identify with the places of their 

ancestors and return to these places to 

hunt, fish, camp, gather, and process 

wild foods. Subsistence activities help 

maintain the relationship between 

In ̃upiaq people and the land, as do 

stories, In ̃upiaq place names, trails and 

travel routes, and landmarks. Thus, to 

the In ̃upiat, protection of traditional 

lands, waters, and the wild resources 

that inhabit them is essential to 


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38Willow MDP SEIS at 303. 

39 2020 NPR–A IAP Final EIS at 3–265–66, 3–280. 

maintaining cultural traditions, 

traditional knowledge, and identity.38

Impacts on subsistence are occurring 

on the North Slope with greater 

frequency as development expands 

across the region. Nuiqsut, the 

community closest to current oil and gas 

development on the North Slope, has 

experienced the most impacts. 

Subsistence impacts and concerns have 

also been documented for Point Lay, 

Wainwright, Utqiagvik, Atqasuk, and 

Anaktuvuk Pass. Many of these 

concerns are related to effects of 

development, including seismic activity 

and oil and gas-related research, 

pipelines, and traffic, on caribou and 

other terrestrial species. 

Overall, future infrastructure, oil and 

gas development, and other activities in 

the NPR–A area could have lasting 

effects on cultural practices, values, and 

beliefs. The potential impacts of 

development could result in reduced 

harvests, changes in uses of traditional 

lands, and decreased community 

participation in subsistence harvesting, 

processing, consuming, sharing, and 

associated rituals and feasts. Because of 

this, communities could experience a 

loss of cultural and individual identity 

associated with subsistence, a loss of 

traditional knowledge about the land, 

damaged social and kinship ties, and 

effects on spirituality associated with 

degradation of the NPR–A.39

The BLM solicits comments on this 

section. Specifically, BLM welcomes 

comment from the regulated community 

including industry, residents of 

communities in and around the NPR–A, 

and Alaskan natives and indigenous 

Tribes who may benefit or bear costs 

from this proposed rule. 

E. Need for the Rule 

The BLM is proposing this revision 

because the regulatory framework 

governing the management and 

protection of surface resources and 

Special Areas in the NPR–A needs 

updating. Conditions throughout the 

Arctic have changed dramatically since 

1977, when the BLM issued the current 

regulations for management of surface 

resources and Special Areas in the 

NPR–A. As discussed in greater detail in 

Section II.D, the impacts of climate 

change on the NPR–A’s natural 

environment and Native communities 

are intensifying. Conditions are 

changing rapidly in the Arctic, making 

it necessary and appropriate for the 

BLM to develop new regulations that 

account for and respond to these 

changing conditions. Thus, the 

proposed rule would direct the BLM to 

regularly address changing conditions. 

Among other things, it would require 

the BLM to conduct an evaluation of 

Special Areas at least once every 5 years 

and update Special Area designations to 

include new resource values. It also 

would require the BLM to account for 

any uncertainty concerning the effects 

of proposed activities. 

New and revised standards and 

procedures are also needed to ensure 

that the BLM is fulfilling its statutory 

duties under the NPRPA, FLPMA, and 

other authorities to the best of its ability. 

For example, the BLM has a 

responsibility to ‘‘provide for such 

conditions, restrictions, and 

prohibitions as the Secretary deems 

necessary or appropriate to mitigate 

reasonably foreseeable and significantly 

adverse effects [of oil and gas activities] 

on the surface resources’’ throughout 

the NPR–A.’’ 42 U.S.C. 6506a(b). The 

current regulations, however, provide 

little detail on the standards and 

procedures the BLM should use to 

implement these important 

requirements. 

The BLM also has an obligation to 

‘‘assure the maximum protection of . . . 

surface values’’ within Special Areas ‘‘to 

the extent consistent with the 

requirements of [the NPRPA] for the 

exploration of the reserve.’’ 42 U.S.C. 

6504(a). The proposed rule would 

improve upon the standards and 

procedures that implement this 

requirement. For example, the current 

regulations identify specific measures 

the BLM may take to assure maximum 

protection but provide no further 

guidance on the evaluation and 

selection of such measures. 

In addition, the current regulations do 

not reflect the full management regime 

for the NPR–A. This proposed rule 

would provide a more comprehensive 

guide to managing the NPR–A. 

Currently, the applicable legal standards 

and procedures are scattered throughout 

several statutes, regulations, plans, and 

guidance documents. For example, the 

existing regulations do not integrate 

with the use of IAPs, which BLM has 

used either on a regional or area wide 

basis for the NPR–A for over two 

decades. Although the BLM is not 

required to plan for the use of the NPR– 

A, see 42 U.S.C. 6506a(c), it has chosen 

to produce the IAP through a public 

process and has analyzed it in an 

Environmental Impact Statement. The 

IAP allocates land uses in the NPR–A 

and details oil and gas lease stipulations 

and infrastructure restrictions for 

Special Areas. The overlay of a 

regulatory regime to govern the NPR–A, 

including the development and use of 

IAPs, would enhance consistency and 

certainty, particularly with respect to 

protection of surface resources and 

Special Areas. 

III. Section-by-Section Discussion 

The proposed rule would change the 

section designations from the current 

regulations to implement Office of the 

Federal Register requirements. Some 

provisions of the existing regulations 

would not change; we do not discuss 

those provisions here. 

Section 2361.1 Purpose 

Section 2361.0–1 would be 

redesignated to § 2361.1. The existing 

provision states that the purpose of the 

regulations is ‘‘to provide procedures for 

the protection and control of 

environmental, fish and wildlife, and 

historical or scenic values’’ in the NPR– 

A. As proposed, § 2361.1 would 

establish a two-part purpose for the rule 

to more accurately and completely 

reflect the scope of the regulations. The 

first purpose would be to provide 

standards and procedures to implement 

42 U.S.C. 6506a(b), which requires the 

Secretary to ensure that ‘‘[a]ctivities 

undertaken pursuant to this Act include 

or provide for such conditions, 

restrictions, and prohibitions as [she] 

deems necessary or appropriate to 

mitigate reasonably foreseeable and 

significantly adverse effects on the 

surface resources of the [NPR–A].’’ 

The second purpose outlined in this 

section would be to provide standards 

and procedures to implement 42 U.S.C. 

6504(a), under which any exploration in 

Special Areas ‘‘shall be conducted in a 

manner which will assure the maximum 

protection of such surface values to the 

extent consistent with the requirements 

of this Act for the exploration of the 

[NPR–A].’’ The standards and 

procedures to implement these two 

provisions would also fulfill BLM’s 

mandate to take action necessary to 

prevent unnecessary or undue 

degradation under FLPMA, 43 U.S.C. 

1732(b). 

Section 2361.0–2 Objectives 

The existing § 2361.0–2 states the 

objectives of the regulations. We 

propose to remove this section because 

our proposed revision of § 2361.1 would 

make it redundant. 

Section 2361.3 Authority 

Section 2361.0–3 would be 

redesignated to § 2361.3. The existing 

provision lists the NPRPA as the 

statutory authority for the regulations. 

We propose to add the Department of 

the Interior Appropriations Act, Fiscal 

Year 1981 (Pub. L. 96–514), which 


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40Council on Environmental Quality, Guidance 

for Federal Departments and Agencies on 

Indigenous Knowledge (Nov. 30, 2022), available at 

https://www.whitehouse.gov/wp-content/uploads/ 

2022/12/OSTP-CEQ-IK-Guidance.pdf. 41 2013 NPR–A IAP ROD at 17. 

amended the NPRPA and instructed the 

Secretary to mitigate reasonably 

foreseeable and significantly adverse 

effects on the surface resources in the 

NPR–A. 

Section 2361.4 Responsibility 

Section 2361.0–4 would be 

redesignated to § 2361.4. This section 

would modify the existing statement 

that, under the NPRPA, the BLM is 

responsible for managing surface 

resources in the NPR–A to add that BLM 

is now also responsible for managing 

the subsurface mineral resources in the 

NPR–A. It would also add that the BLM 

is responsible for assuring maximum 

protection of Special Areas’ significant 

resource values. Paragraph (b) would be 

deleted because the U.S. Geological 

Survey is no longer responsible for 

managing exploration in the NPR–A. 

Secretarial Order 3071, 47 FR 4751 (Feb. 

2, 1982); Secretarial Order 3087, 48 FR 

8982–83 (Mar. 2, 1983). 

Section 2361.5 Definitions 

Section 2361.0–5 would be 

redesignated to § 2361.5. In this section, 

the BLM would update the definition 

for ‘‘exploration’’ to ensure consistency 

with NPRPA’s definition of 

‘‘petroleum.’’ 42 U.S.C. 6501. The BLM 

would also update the definition of 

‘‘Special Areas’’ for consistency with 

other proposed changes to the 

regulations. Finally, the BLM would 

also incorporate a new definition for 

‘‘Indigenous Knowledge,’’ consistent 

with the guidance set forth in the 

Memorandum issued by the Council on 

Environmental Quality’s Office of 

Science and Technology Policy on 

November 30, 2022.40 New definitions 

would also be added for ‘‘Integrated 

Activity Plan,’’ ‘‘infrastructure,’’ and 

‘‘significant resource value.’’ 

Section 2361.6 Effect of Law 

Section 2361.0–7 would be 

redesignated to § 2361.6. The BLM is 

proposing to update this section to 

conform to existing legal authorities, 

including adding provisions to 

implement the Department of the 

Interior Appropriations Act, Fiscal Year 

1981, Public Law 96–514 (Dec. 12, 

1980), 94 Stat. 2957, 2964, in revised 

paragraph (a), and the Barrow Gas Field 

Transfer Act of 1984, Public Law 98– 

366 (July 17, 1984), 98 Stat. 468, 470, in 

new paragraph (b)(4). 

Section 2361.7 Severability 

This proposed new section would 

establish that if any provision of part 

2360 is invalidated, then all remaining 

provisions would remain in effect. The 

various components of the proposed 

rule are distinct. For example, many of 

the proposed provisions would simply 

update the regulations to bring them 

more into line with the BLM’s statutory 

duties. Those updates would function 

independently of the rest of the 

proposed rule. The procedural 

requirements in proposed § 2361.10(b) 

for protecting surface resources in the 

NPR–A also would stand alone, as 

would the codification of existing 

Special Areas in § 2361.20, the 

procedural requirements in § 2361.30, 

and other provisions. 

Section 2361.10 Protection of Surface 

Resources 

Section 2361.1 would be redesignated 

to § 2361.10, and the title would be 

changed from ‘‘protection of the 

environment’’ to ‘‘protection of surface 

resources’’ to more closely track with 

the BLM’s statutory authority under 42 

U.S.C. 6506a(b), which directs the BLM 

to ‘‘provide for such conditions, 

restrictions, and prohibitions as the 

Secretary deems necessary or 

appropriate to mitigate reasonably 

foreseeable and significantly adverse 

effects on the surface resources of the 

[NPR–A].’’ 

The proposed rule would establish 

new standards and procedures for 

managing and protecting surface 

resources in the NPR–A from the 

reasonably foreseeable and significantly 

adverse effects of oil and gas activities. 

In 1980, Congress authorized the 

Secretary to mitigate those effects 

through ‘‘necessary or appropriate’’ 

‘‘conditions, restrictions, and 

prohibitions.’’ 42 U.S.C. 6506a(b). 

Existing paragraph (a) requires the 

authorized officer to take action ‘‘to 

mitigate or avoid unnecessary surface 

damage and to minimize ecological 

disturbance throughout the reserve to 

the extent consistent with the 

requirements of the Act for the 

exploration of the reserve.’’ We propose 

to amend paragraph (a) to mirror the 

statutory language. As amended, 

paragraph (a) also would provide further 

clarification by recognizing that, in 

some circumstances, the BLM may 

delay or deny proposed activities that 

would cause reasonably foreseeable and 

significantly adverse effects on surface 

resources. 

Existing paragraph (b) would be 

deleted. It concerns coordination 

between the BLM and the U.S. 

Geological Survey, which is no longer 

relevant because the Geological Survey 

is no longer responsible for managing 

exploration in the NPR–A. 

Paragraph (b) in the proposed rule 

would spell out new procedures for 

protecting surface resources in the NPR– 

A. As explained above, Congress 

assigned the BLM the duty to protect the 

surface resources in the NPR–A, but 

BLM regulations do not fully explain 

the scope of that duty. The proposed 

rule would fill that gap. 

In paragraph (b)(1), the proposed rule 

would direct the BLM to manage oil and 

gas activities in accordance with the 

IAP. In doing so, the proposed rule 

would enshrine longstanding BLM 

practice into regulations. As explained 

above, the NPR–A is exempt from 

FLPMA’s planning requirements. 

Nonetheless, since 1998, the BLM has 

prepared several IAPs to primarily 

govern oil and gas activities in the NPR– 

A. The IAP is a form of land use plan 

that ‘‘addresses a narrower range of 

multiple use management than a 

resource management plan.’’ 41 In the 

BLM’s experience, the IAP provides an 

invaluable means of evaluating 

management options, engaging the 

public, and guiding decision-making, 

consistent with the BLM’s duties under 

NPRPA and the National Environmental 

Policy Act. Accordingly, the proposed 

rule would require the BLM to maintain 

an IAP, which would help guide BLM 

use authorizations in the NPR–A but 

would give way to the regulations in the 

event of a conflict. 

Paragraph (b)(2) would require the 

BLM, in each decision concerning oil 

and gas activity in the NPR–A, to adopt 

measures to mitigate the reasonably 

foreseeable and significantly adverse 

effects on surface resources, taking 

particular care with surface resources 

that support subsistence. The BLM 

would do so by documenting for each 

decision its consideration of effects and 

how those effects informed the choice of 

mitigation measures. Paragraphs (b)(3) 

and (4) would specify that the BLM’s 

effects analysis would include any 

reasonably foreseeable effects, including 

indirect effects (those that are ‘‘later in 

time or farther removed in distance’’), 

cumulative effects (those ‘‘that result 

from the incremental effects of proposed 

activities when added to the effects of 

other past, present, and reasonably 

foreseeable actions’’), and ‘‘any 

uncertainty concerning the nature, 

scope, and duration of potential 

effects.’’ For example, if the BLM 

determined that a proposed lease sale’s 

effects on subsistence resources—when 


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42 2013 NPR–A IAP Final EIS at 270, 355. 

43CRSA EA at 19. 

44 2013 NPR–A IAP Final EIS at 355. 

45 1998 Northeast NPR–A IAP Final EIS. 

46CRSA EA at 25. 

47 2013 NPR–A IAP Final EIS at 17. 

48 Id. 

49 Id. 

50 2004 Northwest NPR–A IAP ROD at 4. 

51 2013 NPR–A IAP ROD at 4. 

52 43 FR 28723; BLM, Northeast NPR–A Final 

Amended IAP/EIS 3–29 (Jan. 2005), available at 

https://web.archive.org/web/20060303123155/ 

http://www.ak.blm.gov/nenpraeis/Final

AmendedIAPEIS/Volume%201/ 

Chapter%203%20Affected%20Environment.pdf; 

2022 NPR–A IAP ROD at 5. 

added to the effects of other past, 

present, and reasonably foreseeable 

actions—could be significantly adverse, 

then under this proposed section, the 

BLM would need to adopt measures to 

mitigate those effects. 

Existing paragraphs (c) and (d) would 

be deleted. Existing paragraph (c) 

requires the BLM to take maximum 

protection measures on all actions 

within Special Areas and identify the 

boundaries of Special Areas on maps. It 

also describes some requirements that 

may constitute ‘‘maximum protection 

measures.’’ Existing paragraph (d) 

concerns designation of new Special 

Areas. This material would be 

addressed in §§ 2361.20, 2361.30, and 

2361.40. Moving this material to those 

new sections would provide 

clarification by focusing § 2361.10 on 

protection of surface resources 

throughout the NPR–A. 

Proposed new paragraph (c) would 

clarify that for surface resources in 

Special Areas, the BLM also would have 

to comply with the provisions governing 

Special Areas in §§ 2361.20 through 

2361.60. Moving the provisions 

concerning Special Areas to different 

sections makes that cross-reference 

necessary. 

Proposed new paragraph (d) would 

require the BLM to include in each oiland gas-related decision or 

authorization, ‘‘such terms and 

conditions that provide the Bureau with 

sufficient authority to fully implement 

the requirements of this subpart.’’ That 

provision would ensure that the BLM 

incorporates into decision documents 

whatever language is necessary to 

enable it to implement any final rule. 

Existing paragraph (e)(1) provides that 

‘‘the authorized officer may limit, 

restrict, or prohibit use of and access to 

lands within the Reserve, including 

special areas.’’ The existing rule 

conditions that authority by requiring it 

to be exercised ‘‘consistent with the 

requirements of the Act and after 

consultation with appropriate Federal, 

State, and local agencies and Native 

organizations.’’ The proposed rule 

would specify that the authorized 

officer has that authority ‘‘regardless of 

any existing authorization.’’ That added 

language would clarify that existing 

authorizations would not prevent the 

BLM from limiting, restricting, or 

prohibiting access to the NPR–A 

consistent with the requirements of the 

Act. The proposed rule would retain the 

condition that exercises of that authority 

must be consistent with the NPRPA, and 

it would add ‘‘and applicable law’’ to 

clarify that the authorized officer cannot 

contradict other legal requirements. 

Instead of requiring the authorized 

officer to consult with ‘‘Native 

organizations,’’ the proposed rule would 

provide more specificity by requiring 

consultation with federally recognized 

Tribes and Alaska Native Claims 

Settlement Act corporations. Consistent 

with the BLM’s duty under NPRPA and 

ANILCA, paragraph (e)(1) would also be 

amended to allow the authorized officer 

to limit, restrict, or prohibit use of and 

access to the NPR–A to protect 

subsistence uses and resources. 

Existing paragraph (f) would be 

amended to recognize the breadth of 

Federal laws that apply to the 

management and protection of 

historical, cultural, and paleontological 

resources in the NPR–A. 

Section 2361.20 Existing Special Areas 

The existing regulations only identify 

the Colville River, Teshekpuk Lake, and 

Utukok River Uplands Special Areas by 

name (43 CFR 2361.1(c)); they do not 

account for the Kasegaluk Lagoon and 

Peard Bay Special Areas. Further, the 

current regulations do not identify or 

describe the significant resource values 

associated with each Special Area. 

Under the NPRPA, the BLM must assure 

maximum protection of each of these 

values consistent with exploration of 

the Reserve. In pursuit of that 

obligation, this new § 2361.20 would 

incorporate all five of the existing 

Special Areas into part 2360 and would 

identify the significant subsistence, 

recreational, fish and wildlife, 

historical, and scenic values that are 

associated with each of them. The 

proposed rule would require any lands 

designated as a Special Area to continue 

to be managed as such for the alreadyidentified values and any additional 

values identified through the process set 

forth in new § 2361.30. The existing 

regulations (43 CFR 2361.1(c)) require 

the boundaries of the Special Areas to 

be depicted on maps available for public 

inspection in the BLM’s Fairbanks 

District Office. New § 2361.20 would 

specify that a map of each Special Area 

is available at the Arctic District Office, 

which is now the BLM office that 

oversees the NPR–A. The BLM would 

also publish and maintain copies of 

these maps on its website. 

The following briefly summarizes the 

existing Special Areas: 

• Colville River Special Area: The 

Colville River Special Area covers 2.44 

million acres along the southeastern 

boundary of the NPR–A. The Special 

Area encompasses the Colville River 

and two of its main tributaries—the 

Kogosukruk and Kikiakrorak rivers— 

which collectively provide ‘‘one of the 

most significant regional habitats for 

raptors in North America’’ and ‘‘the 

North Slope’s single most important 

area of raptor nesting habitat.’’ 42 Many 

other bird species utilize the river 

corridors, including shorebirds, loons, 

waterfowl, inland dwelling sea birds, 

and several unique trans-Beringian 

migrant passerines.43 The Special Area 

also ‘‘support[s] the highest 

concentration of . . . moose on Alaska’s 

North Slope,’’ 44 ‘‘contains world-class 

paleontological deposits[,] and is an 

important corridor for subsistence and 

recreational activities.’’ 45 Finally, the 

Special Area includes ‘‘numerous sites 

from prehistoric and historic era human 

activity.’’ 46

• Kasegaluk Lagoon Special Area: 

The Kasegaluk Lagoon Special Area, 

which encompasses approximately 

97,000 acres, borders the Chukchi Sea in 

the northwestern corner of the NPR–A. 

It is ‘‘rich in wildlife, including 

migratory birds’’ and has especially 

‘‘high values for marine mammals.’’ 47

The Special Area also ‘‘features tidal 

flats that are rare on the North Slope.’’ 48

These natural resources contribute to an 

ecosystem that is ‘‘unique . . . for the 

arctic coast.’’ 49 Subsistence activities 

take place in the lagoon, which also 

‘‘offer[s] primitive recreation 

experiences, including kayak and small 

boat paddling along the coast.’’ 50

• Peard Bay Special Area: The Peard 

Bay Special Area also borders the 

Chukchi Sea along the northern 

boundary of the NPR–A. The Special 

Area covers 107,000 acres and includes 

‘‘haul-out areas and nearshore waters for 

marine mammals and a high use staging 

and migration area for shorebirds and 

waterbirds.’’ 51

• Teshekpuk Lake Special Area: The 

Teshekpuk Lake Special Area includes 

3.65 million acres in the northeastern 

corner of the NPR–A. Teshekpuk Lake 

provides ‘‘important nesting, staging, 

and molting habitat for a large number 

of ducks, geese, and swans,’’ ‘‘prime 

calving and insect-relief habitat’’ for the 

Teshekpuk Caribou Herd, and 

‘‘overwintering habitat for fish.’’ 52 ‘‘Of 


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53 2013 NPR–A IAP ROD at 20. 

54BLM, Northeast NPR–A IAP/EIS ROD (Oct. 

1998), available at https://web.archive.org/web/ 

20001210191000/http:/aurora.ak.blm.gov/npra/ 

final/html/rodtitle.html. 

55Northeast National Petroleum Reserve Alaska 

Draft IAP/EIS, 62 FR 65440 (Dec. 12, 1997); 

Northeast NPR–A Final Amended IAP/EIS at 2–7. 

56 2013 NPR–A IAP ROD at 21; 2022 NPR–A IAP 

ROD at 5. 

57 2013 NPR–A IAP ROD at 22. 

58 1998 Northeast NPR–A IAP Final EIS; 2013 

NPR–A IAP ROD at 22. 

59See BLM Land Use Planning Handbook H– 

1601–1 34 (Mar. 2005) (directing the BLM to 

evaluate land use plans ‘‘at a minimum every five 

years’’), available at https://www.ntc.blm.gov/krc/ 

uploads/360/4_BLM%20Planning%

20Handbook%20H-1601-1.pdf. 

particular sensitivity are lands nearest 

Teshekpuk Lake that are the most 

heavily used by calving caribou and 

molting geese. . . .’’ 53 The Special 

Areas ‘‘is of special importance to 

subsistence users because of the caribou 

and fish resources in the area and longstanding subsistence use of the area.’’ 54

Additionally, the Special Area includes 

the Pik Dunes—‘‘an unusual geologic 

feature’’ that ‘‘provide (1) insect-relief 

habitat for caribou, (2) habitat for 

several uncommon plant species, and 

(3) data critical to understanding major 

climatic fluctuations over the last 

12,000 years.’’ 55

• Utukok River Uplands Special 

Area: The Utukok River Uplands 

encompasses 7.1 million acres in the 

southwestern corner of the NPR–A. The 

Special Area includes ‘‘prime calving 

and insect-relief habitat’’ and ‘‘the most 

intensely used summer movement area’’ 

for the Western Arctic Caribou Herd.56

‘‘This large herd disperses widely in the 

winter, wandering within reach of 

subsistence hunters from over forty 

villages in northwest Alaska.’’ 57 The 

Special Area also includes ‘‘grizzly bear 

habitat’’ and ‘‘important wilderness 

characteristics.’’ 58

Section 2361.30 Special Areas 

Designation and Amendment Process 

While the existing regulations 

anticipate that the Secretary may 

identify new Special Areas, they do not 

specify procedures for designating and 

amending Special Areas. In the past, the 

BLM has typically designated Special 

Areas, and received Special Area 

recommendations from the public and 

stakeholders, through the IAP revision 

and amendment process. Enumerating 

procedures for designating and 

amending Special Areas in the 

regulations would provide clarity for 

stakeholders and ensure that the BLM 

fulfills its statutory obligation to assure 

maximum protection of Special Areas’ 

significant resource values. 

This proposed new section would, for 

the first time, provide standards and 

procedures for designating and 

amending Special Areas. Paragraph (a) 

would require the BLM, at least once 

every 5 years, to evaluate lands in the 

NPR–A for significant resource values 

and designate new Special Areas or 

update existing Special Areas by 

expanding their boundaries, recognizing 

the presence of additional significant 

resource values, or requiring additional 

measures to assure maximum protection 

of significant resource values. The BLM 

believes that a 5-year timeframe is 

reasonable considering how rapidly 

conditions across the Arctic are 

changing; it is also consistent with the 

agency’s timeframe for similar land use 

planning evaluations.59 Paragraph (a)(2) 

would allow, but not require, the BLM 

to conduct this evaluation through the 

IAP amendment process. Paragraph 

(a)(3) would require the BLM to rely on 

the best available scientific information, 

including Indigenous Knowledge, and 

the best available information 

concerning subsistence uses and 

resources. Paragraph (a)(4) would 

require the BLM to provide meaningful 

opportunities for public participation in 

the evaluation process, including review 

and comment periods and, as 

appropriate, public meetings. 

Existing § 2361.1(d) concerns the 

submission, content, and public review 

of recommendations for additional 

Special Areas. Proposed paragraph (a)(4) 

would retain the basic contours of that 

provision but provide additional 

specificity. It would allow the public to 

participate in the evaluation process, 

including by recommending new 

Special Areas, new significant resource 

values for existing Special Areas, and 

measures to assure maximum protection 

of Special Areas’ significant resource 

values. The proposed rule would 

require the BLM to evaluate and 

respond to such recommendations. 

Similar to existing § 2361.1, proposed 

paragraph (a)(4) would specify that 

Special Area recommendations should 

describe the size and location of the 

lands, significant resource values, and 

measures necessary to assure maximum 

protection of those values. 

Paragraph (a)(5) would allow the 

authorized officer to implement interim 

measures to assure maximum protection 

of significant resource values in lands 

under consideration for designation as a 

Special Area. This provision would 

assist the BLM in fulfilling its statutory 

duty to protect Special Areas. 

Paragraph (a)(6) would require that 

the BLM base decisions to designate 

Special Areas solely on whether 

significant resource values are present 

and would prohibit the BLM from 

considering the existence of measures to 

protect or otherwise administer those 

values. For example, if lands not within 

a Special Area contained important 

caribou calving habitat and those lands 

were already subject to certain 

protections under the IAP, the BLM 

would not be permitted to consider 

those protections during the decisionmaking process for the proposed 

designation or update. This change is 

needed to align the regulations with the 

NPRPA, which authorizes the Secretary 

to designate Special Areas based on the 

presence of ‘‘any significant subsistence, 

recreational, fish and wildlife, or 

historical or scenic value . . . .’’ 42 

U.S.C. 6504(a). 

Paragraph (a)(7) would require the 

BLM, when designating a Special Area 

or recognizing the presence of 

additional significant resource values in 

an existing Special Area, to adopt 

measures to assure maximum protection 

of significant resource values. That 

provision mirrors the BLM’s statutory 

responsibility under the NPRPA. 42 

U.S.C. 6504(a). Paragraph (a)(7) would 

provide needed clarification by 

specifying that those measures would 

supersede any inconsistent provisions 

in the IAP. 

Paragraph (a)(8) would incorporate 

the requirement of existing § 2361.1(c) 

that the BLM publish in the Federal 

Register a legal description of any new 

Special Area. The proposed rule also 

would require the BLM to publish in the 

Federal Register a summary of the 

significant resource values supporting 

the Special Area designation. Rather 

than requiring publication in local 

newspapers as the current regulations 

require, the proposed rule would 

require the BLM to maintain maps of the 

Special Areas on its website. We believe 

those proposals would provide more 

effective public notice. 

Section 2361.30(b) would establish a 

framework for removing lands from 

Special Area designations. Because 

Congress identified the Utukok River 

Uplands and Teshekpuk Lake Special 

Areas in the NPRPA and required them 

to be managed to protect surface 

resources, the BLM cannot remove lands 

from those Special Area designations 

absent statutory authorization. See 

Public Law 94–258, sec. 104(b), 90 Stat. 

304 (1976). For other Special Areas, the 

proposed rule would allow the BLM to 

remove lands from a Special Area 

designation only when the significant 

resource values that supported the 

designation are no longer present (e.g., 

if important wildlife habitat that 

supported the designation was no longer 

present). That provision is consistent 


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60 2022 NPR–A IAP ROD at A–6 to A–21. 

with the BLM’s statutory duty to ‘‘assure 

the maximum protection of such surface 

values consistent with the requirements 

of [the NPRPA] for the exploration of 

the reserve.’’ Id. 

Before removing lands from a Special 

Area designation, paragraph (b) would 

require the BLM to provide the public 

with the opportunity to review and 

comment on its proposed decision and 

consult with federally recognized Tribes 

and Alaska Native Claims Settlement 

Act corporations. Finally, the proposed 

rule would require the BLM to 

document its consideration of those 

comments. Those requirements would 

assure public participation in the dedesignation process. 

Section 2361.40 Management of Oil 

and Gas Activities in Special Areas 

As noted above, the proposed rule 

would enhance the specificity of the 

current regulations on the mechanisms 

for assuring maximum protection of 

significant resource values in Special 

Areas. The current regulations 

paraphrase the maximum protection 

requirement of the NPRPA and provide 

examples of measures that the BLM 

could potentially take to assure 

maximum protection. See 43 CFR 

2361.1(c). This proposed new section 

would establish new standards and 

procedures for achieving maximum 

protection of Special Areas’ significant 

resource values, with a specific focus on 

addressing the impacts of oil and gas 

activities. Of note, this section would 

affirmatively establish that assuring 

maximum protection of significant 

resource values is the management 

priority for Special Areas. Under 

proposed paragraph (a), the BLM would 

need to comply with this standard and 

adopt maximum protection measures for 

each significant resource value 

associated with a Special Area. 

Paragraph (b) would require the BLM 

take such steps to avoid the adverse 

effects of proposed oil and gas activities 

on the significant resource values of 

Special Areas, including by 

conditioning, delaying action on, or 

denying proposals for activities. 

Paragraph (c) of this section would 

require oil and gas leasing and new 

infrastructure to conform to the land use 

allocations and restrictions identified on 

maps 2 and 4 of the 2022 IAP ROD that 

are published along with the final rule, 

unless the BLM makes revisions in 

accordance with § 2361.30 of these 

regulations. Map 2 shows the areas of 

the NPR–A that are open and closed to 

oil and gas leasing. The map reflects 

that approximately 11.8 million acres 

are open to leasing subject to the terms 

and conditions detailed in the IAP, 

while approximately 11 million acres 

are closed, including most of the 

Teshekpuk Lake and Utukok River 

Uplands Special Areas. The map also 

shows areas that are open to leasing, but 

subject to no surface occupancy and 

areas that are outside the BLM’s 

subsurface authority. 

Map 4 shows the areas of the NPR–A 

that are available and unavailable for 

new infrastructure. The map shows that 

new infrastructure is prohibited on 

approximately 8.3 million acres of the 

NPR–A, limited to ‘‘essential’’ 

infrastructure on approximately 3.3 

million acres, and permitted on 

approximately 10.8 million acres. The 

BLM is considering including in the 

final rule the following definition for 

the term ‘‘essential,’’ which resembles 

provisions of Lease Stipulation K–12 

from the 2022 IAP ROD: ‘‘Essential 

means the proposed infrastructure is 

necessary for development and 

production on a valid existing onshore 

or offshore lease and no other feasible 

and prudent option is available.’’ The 

BLM requests feedback on this 

approach, as well as any additional 

recommendations on defining this term. 

The restrictions identified on Maps 2 

and 4 that would apply to new oil and 

gas leases and infrastructure are detailed 

in the 2022 IAP ROD and summarized 

in the following table.60

Stipulation Objective 

K–1—River Setbacks .......................................... Minimize the disruption of natural flow patterns and changes to water quality; the loss of 

spawning, rearing, and over-wintering habitat for fish; and impacts to subsistence cabins 

and campsites, among other purposes. 

K–2—Deep Water Lakes .................................... Minimize the disruption of natural flow patterns and changes to water quality; the loss of 

spawning, rearing or over wintering habitat for fish; and the disruption of subsistence activities, among other purposes. 

K–4—Kogru River, Dease Inlet, Admiralty Bay, 

Elson Lagoon, Peard Bay, Wainwright Inlet/ 

Kuk River, and Kasegaluk Lagoon, and their 

associated islands.

Protect fish and wildlife habitat; preserve air and water quality; and minimize impacts to subsistence activities and historic travel routes on the major coastal waterbodies. 

K–5—Coastal Setback Areas .............................. Protect coastal waters and their value as fish and wildlife habitat; minimize hindrance or alteration of caribou movement within caribou coastal insect-relief areas; and prevent impacts to 

subsistence resources and activities, among other purposes. 

K–6—Goose Molting Area .................................. Minimize disturbance to molting geese and loss of goose molting habitat in and around lakes 

in the Goose Molting Area. 

K–8—Brant Survey Area ..................................... Minimize the loss or alteration of habitat for, or disturbance of, nesting and brood rearing brant 

in the Brant Survey Area. 

K–9—Teshekpuk Lake Caribou Habitat Area ..... Minimize disturbance and hindrance of caribou, or alteration of caribou movements through 

portions the Teshekpuk Lake Caribou Habitat Area that are essential for all season use, including calving and rearing, insect-relief, and migration. 

K–10—Teshekpuk Lake Caribou Movement 

Corridor.

Minimize disturbance and hindrance of caribou, or alteration of caribou movements (that are 

essential for all season use, including calving and rearing, insect-relief, and migration) in the 

area extending from the eastern shore of Teshekpuk Lake eastward to the Kogru River. 

K–11—Southern Caribou Calving Area .............. Minimize disturbance and hindrance of caribou, or alteration of caribou movements (that are 

essential for all season use, including calving and post calving, and insect-relief) in the area 

south/southeast of Teshekpuk Lake. 

K–12—Colville River Special Area ...................... Prevent or minimize loss of raptor foraging habitat. 

K–13—Pik Dunes ................................................ Retain unique qualities of the Pik Dunes, including geologic and scenic uniqueness, insect-relief habitat for caribou, and habitat for several uncommon plant species. 


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Stipulation Objective 

K–14—Utukok River Uplands Special Area ........ Minimize disturbance and hindrance of caribou, or alteration of caribou movements through 

the Utukok River Uplands Special Area that are essential for all season use, including 

calving and rearing, insect-relief, and migration. 

Several of the restrictions utilize the 

term ‘‘permanent oil and gas facilities,’’ 

which is defined on page A–3 of the 

2022 IAP ROD to mean: 

Permanent Facilities include production 

facilities, pipelines, roads, airstrips, 

production pads, docks and other bottomfounded structures, seawater-treatment 

plants, and other structures associated with 

an oil and gas operation that occupy land for 

more than one winter season; also included 

are material sites such as sand and gravel, 

and ‘‘temporary platforms’’ if those platforms 

are used for production rather than 

exploration. Exploration wellheads and 

seasonal facilities such as ice roads and ice 

pads are excluded, even when the pads are 

designed for use in successive winters. This 

definition does not include over-summering 

ice pads for exploration purposes. 

The BLM is considering incorporating 

this definition into the rule and requests 

feedback on this approach. 

The purpose of requiring leasing and 

infrastructure in Special Areas to 

conform to IAP maps 2 and 4 is to 

codify the existing protections and 

restrictions from the 2022 IAP ROD. As 

explained above, the BLM developed 

that land use plan through a lengthy 

public planning process involving all 

stakeholders, which stretches back to 

the development of the 2013 IAP ROD. 

The 2022 IAP ROD, which is based in 

large part on the framework set forth in 

the 2013 IAP ROD, incorporates aspects 

of the 2020 IAP ROD, and reflects nowsettled expectations about the use of the 

NPR–A. It also reflects what the BLM 

views as the floor of protections for the 

NPR–A that grew out of the public 

planning process. By incorporating the 

two maps into any final rule, the BLM 

intends to incorporate the land use 

allocations, restrictions, and 

stipulations from the 2022 IAP ROD into 

the rule without reprinting a lengthy 

text. We seek public comment in 

particular on whether this approach 

accomplishes that goal effectively and 

efficiently. Do the maps convey 

sufficient information? Are there 

additional definitions that should be 

included in the rule? Is there a better 

way to accomplish our goal? 

Paragraph (c) also would establish a 

presumption against leasing and new 

infrastructure on lands in Special Areas 

that are allocated as available for those 

activities. That presumption could be 

overcome if specific information is 

available to the BLM that clearly 

demonstrates that those activities can be 

conducted with no or minimal adverse 

effects on the significant resource values 

of the Special Area. The intensive 

process that led to the IAP resulted in 

a comprehensive plan for protection of 

the Special Areas in the NPR–A. To 

fulfill the BLM’s statutory duty to assure 

maximum protection for those areas’ 

significant resource values, the BLM 

believes that plan should be treated as 

a regulatory floor, and additional 

activities should only be allowed when 

maximum protection is assured. 

The proposed definition of 

‘‘infrastructure’’ in § 2361.5(g) would 

exclude ‘‘exploratory wells that are 

drilled in a single season; infrastructure 

in support of science and public safety; 

and construction, renovation, or 

replacement of facilities on existing 

gravel pads at previously disturbed sites 

where the facilities will promote safety 

and environmental protection.’’ These 

exceptions were specifically analyzed 

and adopted in the 2022 IAP ROD. 

Proposed § 2361.40(d) would establish 

three additional exceptions to the oil 

and gas leasing and new infrastructure 

prohibitions in paragraph (c). The first 

exception would permit leasing and 

infrastructure solely to address drainage 

of Federal oil and gas resources. 

Drainage occurs ‘‘when a well that is 

drilled or is in production adjacent to 

Federal or Indian leases or unleased 

lands is potentially draining Federal or 

Indian oil and gas resources.’’ BLM MS– 

3160. Surface disturbing activities 

would be prohibited on any lease tract 

issued for this purpose. The exception 

for drainage of Federal oil and gas 

resources is included because the 

regulations expressly provide for leasing 

of tracts that are subject to drainage in 

order to prevent loss of United States oil 

and gas resources and potential 

royalties. See 43 CFR 3130.3. Nosurface-occupancy leases are an option 

the BLM may elect to use when the 

surface management agency has 

determined that surface oil and gas 

facilities and operations would pose an 

unacceptable risk to the surface 

resources. The second exception would 

permit the construction of new 

infrastructure, including roads, 

transmission lines, and pipelines, that 

would primarily benefit communities in 

and around the NPR–A or would 

support subsistence activities. The BLM 

would still need to adopt measures to 

assure maximum protection of any 

significant resource values affected by 

that infrastructure. We propose to 

include that exception because 

communities in and around the NPR–A 

must have some infrastructure to 

survive and thrive. The third exception 

would allow the BLM to approve new 

infrastructure if essential to support 

exploration or development of a valid 

existing lease and no practicable 

alternatives exist that would have less 

adverse impact on significant resource 

values of the Special Area. That 

exception is necessary to accommodate 

the rights of current leaseholders. 

Proposed paragraph (e) would require 

the BLM to document and consider any 

uncertainty regarding potential adverse 

effects on Special Areas and ensure that 

its actions account for such uncertainty. 

That provision will help fulfill the 

BLM’s statutory mandate to assure 

maximum protection for Special Areas’ 

significant resource values. 

Proposed paragraph (f) would require 

the BLM to prepare a Statement of 

Adverse Effect whenever it cannot avoid 

adverse effects on a Special Area. In 

each statement, the BLM would need to 

describe the significant resource values 

that may be affected; the nature, scope, 

and duration of the effects; measures the 

BLM evaluated to avoid those effects; a 

justification for not requiring those 

measures; and measures it would 

require to minimize and mitigate the 

adverse effects on significant resource 

values. The BLM will require mitigation 

of adverse effects on significant resource 

values of Special Areas that cannot be 

avoided or minimized. Measures the 

BLM may require include compensatory 

mitigation. Such measures will be 

developed, evaluated, and, as necessary, 

adopted in project-specific analyses. 

Proposed paragraphs (g) and (h) would 

require the BLM to provide the public 

with an opportunity to review and 

comment on any Statement of Adverse 

Effect and consult with federally 

recognized Tribes and Alaska Native 

Claims Settlement Act corporations that 

have ties to the area. 

Finally, proposed paragraph (i) would 

require the BLM to include in each oiland gas-related decision or 

authorization ‘‘terms and conditions 

that provide the Bureau with sufficient 

authority to fully implement the 

requirements of this section.’’ That 


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61 2022 NPR–A IAP DNA at C–3–4. 

62 2022 NPR–A IAP ROD at 11. 

provision would ensure that the BLM 

incorporates into decision documents 

the necessary language to implement 

any final rule. 

The BLM seeks feedback on whether 

this proposed rule would ‘‘assure the 

maximum protection’’ of significant 

resource values in Special Areas ‘‘to the 

extent consistent with the requirements 

of [the NPRPA] for the exploration of 

the reserve.’’ See 42 U.S.C. 6504(a). 

Section 2361.50 Management of 

Subsistence Uses Within Special Areas 

The BLM recognizes the overriding 

importance of subsistence resources to 

communities in and around the NPR–A. 

There are over 40 communities that use 

the NPR–A or the resources it supports 

for subsistence purposes, including six 

with significant connections: 

Anaktuvuk Pass, Atqasuk, Nuiqsut, 

Point Lay, Utqiagvik, and Wainwright.61

All of these communities ‘‘rely on . . . 

subsistence resources for their physical, 

traditional, and social existence,’’ and 

many of these resources, including 

caribou, fish, and waterfowl, are 

concentrated in Special Areas.62

Accordingly, this new section would 

require the BLM to manage Special 

Areas to protect and support fish and 

wildlife and their habitats and the 

associated subsistence use of those areas 

by rural residents as defined in 50 CFR 

100.4, the Department of the Interior’s 

subsistence management regulations for 

public lands in Alaska. Additionally, 

this section would require the BLM to 

provide appropriate access to and 

within Special Areas for subsistence 

purposes while still assuring maximum 

protection of the significant resource 

values of the Special Areas. 

Section 2361.60 Co-Stewardship 

Opportunities in Special Areas 

This proposed new section would 

encourage the BLM to explore costewardship opportunities for Special 

Areas, including co-management, 

collaborative and cooperative 

management, and Tribally led 

stewardship. This provision would 

advance the Federal government’s 

commitment to strengthening the role of 

Tribal governments in Federal land 

management. (Presidential 

Memorandum on Tribal Consultation 

and Strengthening Nation-to-Nation 

Relationships, January 26, 2021; Joint 

Secretarial Order on Fulfilling the Trust 

Responsibility to Indian Tribes in the 

Stewardship of Federal Lands and 

Waters, Order No. 3403, November 15, 

2021.) 

Section 2361.70 Use Authorizations 

Section 2361.2 would be redesignated 

to § 2361.70. Existing paragraph (a) 

states that all use authorizations require 

approval from the authorized officer 

‘‘[e]xcept for petroleum exploration 

which has been authorized by the Act.’’ 

The proposed rule would omit that 

exception. The NPRPA of 1976 

authorized the Federal government to 

conduct exploration activities; those 

activities did not require approval by an 

authorized officer. Since the 1980 

amendments initiated a competitive oil 

and gas leasing program, all oil and gas 

activities are conducted by oil and gas 

companies and require authorization 

from a BLM authorized officer. 

No substantive changes are proposed 

to § 2361.70(b). The BLM would modify 

§ 2361.70(c) for clarity purposes, and 

would update § 2361.70(d) to recognize 

its duties to protect surfaces resources 

and assure maximum protection of 

Special Areas’ significant resource 

values in the NPR–A. 

Section 2361.80 Unauthorized Use 

and Occupancy 

Section 2361.3 would be redesignated 

to § 2361.80. No substantive changes 

would be made to this section. 

IV. Procedural Matters 

Regulatory Planning and Review 

(Executive Orders (E.O.) 12866, as 

Amended by E.O 14094, and 13563) 

E.O. 12866, as amended by E.O. 

14094, provides that the Office of 

Information and Regulatory Affairs 

(OIRA) within the OMB will review all 

significant regulatory actions. OIRA has 

determined that this proposed rule is 

significant. 

E.O. 13563 reaffirms the principles of 

E.O. 12866 while calling for 

improvements in the Nation’s regulatory 

system to promote predictability, to 

reduce uncertainty, and to use the best, 

most innovative, and least burdensome 

tools for achieving regulatory ends. The 

Executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this proposed rule in a manner 

consistent with these requirements. 

Regulatory Flexibility Act 

This proposed rule will not have a 

significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The BLM is not 

required to prepare an Initial Regulatory 

Flexibility Analysis with this proposed 

rule. The BLM welcomes public 

comments on the impact of this 

proposed rule on small businesses. 

The Small Business Administration 

(SBA) has developed size standards to 

carry out the purposes of the Regulatory 

Flexibility Act, as amended by the 

Small Business Regulatory Enforcement 

Fairness Act. The size standards can be 

found in 13 CFR 121.201. For a specific 

industry identified by the North 

American Industry Classification 

System (NAICS), small entities are 

defined by the SBA as an individual, 

limited partnership, or small company 

considered at ‘‘arm’s length’’ from the 

control of any parent company, which 

meet certain size standards. 

The proposed rule is most likely to 

affect business currently operating in 

the oil and gas sector in the NPR–A. 

There are eight active lessees in NPR– 

A. SBA size standards identify small 

business in the crude petroleum 

extraction (NAICS 211120) and natural 

gas extraction (NAICS 211130) 

industries to be those with 1,250 or 

fewer employees. Some of the eight 

active lessees meet the SBA criteria for 

small businesses, which is less than a 

substantial number of small entities 

potentially affected. Further, the 

proposed rule will not affect existing 

leases and therefore would not have a 

significant economic impact on small 

businesses holding these leases. 

Unfunded Mandates Reform Act 

(UMRA) 

The proposed rule would not have a 

significant or unique effect on State, 

local, or Tribal governments or the 

private sector. The proposed rule 

contains no requirements that would 

apply to State, local, or Tribal 

governments. The costs that the 

proposed rule would impose on the 

private sector are below the monetary 

threshold established at 2 U.S.C. 

1532(a). A statement containing the 

information required by the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1531 et seq.) is therefore not required for 

the proposed rule. This proposed rule is 

also not subject to the requirements of 

section 203 of UMRA because it 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments, because it contains 

no requirements that apply to such 


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governments, nor does it impose 

obligations upon them. 

Takings (E.O. 12630) 

This proposed rule would not affect a 

taking of private property or otherwise 

having taking implications under E.O. 

12630, as it recognizes and is consistent 

with valid existing rights, including oil 

and gas leases. This proposed rule 

would revise the BLM’s current 

management framework for surface 

resources and Special Areas in the 

NPR–A. The BLM has not substantially 

updated this framework since the early 

1980s. A takings implication assessment 

is not required. 

Federalism (E.O. 13132) 

Under the criteria in section 1 of 

Executive Order 13132, this proposed 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. A federalism impact 

statement is not required. We welcome 

public comments on the impact this 

proposed rule could have on the State 

of Alaska. 

The proposed rule would not have a 

substantial direct effect on the States, on 

the relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the levels of 

government. It would not apply to 

States or local governments or State or 

local governmental entities. The 

proposed rule would affect the 

relationship between operators, lessees, 

and the BLM, but it does not directly 

impact the States. Therefore, in 

accordance with Executive Order 13132, 

the BLM has determined that this 

proposed rule does not have sufficient 

federalism implications to warrant 

preparation of a Federalism Assessment. 

Civil Justice Reform (E.O. 12988) 

This proposed rule complies with the 

requirements of E.O. 12988. More 

specifically, this proposed rule meets 

the criteria of section 3(a), which 

requires agencies to review all 

regulations to eliminate errors and 

ambiguity and to write all regulations to 

minimize litigation. This proposed rule 

also meets the criteria of section 3(b)(2), 

which requires agencies to write all 

regulations in clear language with clear 

legal standards. 

Consultation and Coordination With 

Indian Tribal Governments (E.O. 13175 

and Departmental Policy) 

The Department strives to strengthen 

its government-to-government 

relationship with Indian Tribes through 

a commitment to consultation with 

Indian Tribes and recognition of their 

right to self-governance and Tribal 

sovereignty. 

The BLM evaluated this proposed rule 

under the Department’s consultation 

policy and under the criteria in E.O. 

Order 13175 to identify possible effects 

of the rule on federally recognized 

Indian Tribes. Since the BLM is 

responsible for balancing the reserve’s 

oil and gas resources with the protection 

of surface resources in the NPR–A, the 

proposed rule may have significance to 

Alaska Native Tribes and Alaska Native 

Claims Settlement Corporations. 

On August 25, 2023, the BLM sent a 

letter to each federally registered Alaska 

Tribe and Alaska Native Corporation 

informing them of the rulemaking effort. 

The letter recognized the unique and 

vital input of Alaska Natives and offered 

opportunities for participation 

throughout the rulemaking process. The 

BLM will continue to engage in 

outreach efforts to ensure Alaska 

Natives are advised of the mechanisms 

by which they can participate, including 

opportunities for individual 

government-to-government consultation 

regarding the proposed rule. 

Paperwork Reduction Act 

The Paperwork Reduction Act (PRA) 

(44 U.S.C. 3501–3521) generally 

provides that an agency may not 

conduct or sponsor, and 

notwithstanding any other provision of 

law, a person is not required to respond 

to, a collection of information unless it 

displays a currently valid OMB control 

number. Collections of information 

include requests and requirements that 

an individual, partnership, or 

corporation obtain information, and 

report it to a Federal agency. See 44 

U.S.C. 3502(3); 5 CFR 1320.3(c) and (k). 

This proposed rule contains an 

information collection requirement that 

is subject to review by OMB under the 

PRA. This information collection is 

located in § 2361.30(a)(4). One of the 

key principles of the proposed rule is 

the inclusion of stakeholder and public 

notice and participation in the 

designation and removal of lands to be 

included in a Special Area. To help 

ensure that the BLM receives the 

information needed to inform its 

decision to include lands in a Special 

Area, § 2361.30(a)(4) includes a list of 

criteria that should be addressed when 

a member of the public recommends 

lands for such a designation. This 

information includes the following: 

• The size and location of the 

recommended lands; 

• The significant subsistence, 

recreational, fish and wildlife, 

historical, or scenic resource values that 

are present within or supported by the 

recommended lands; 

• Measures that may be necessary to 

assure maximum protection of those 

values; and 

• Any other pertinent information. 

The BLM has submitted a request to 

OMB for this information collection 

requirement under the requirements of 

5 CFR 1320.11, Clearance of collections 

of information in proposed rules. The 

estimated burden associated with this 

information-collection is outlined as 

follows. 

OMB Control Number: 1004–XXXX. 

Title of Collection: Management and 

Protection of the National Petroleum 

Reserve in Alaska—Recommendations 

for Special Reserve Areas (43 CFR 

2361.30). 

Form Number: None. 

Type of Review: New collection 

(Request for new OMB Control 

Number). 

Respondents/Affected Public: Persons 

who wish to recommend lands to be 

designated as a SA in the NPR–A. 

Respondent’s Obligation: Voluntary. 

Frequency of Collection: On occasion; 

at least once every 5 years. 

Number of Respondents: 100. 

Annual Responses: 100. 

Estimated Average Response time: 15 

hours. 

Annual Burden Hours: 1,500. 

Annual Burden Cost: None. If you 

want to comment on the informationcollection requirements of this proposed 

rule, please send your comments and 

suggestions on this information 

collection by the date indicated in the 

DATES and ADDRESSES sections as 

previously described. 

National Environmental Policy Act 

(NEPA) 

This proposed rule meets the criteria 

set forth at 43 CFR 46.210(i) for a 

Departmental categorical exclusion in 

that this proposed rule is ‘‘of an 

administrative, financial, legal, 

technical, or procedural nature.’’ They 

do not involve any of the extraordinary 

circumstances listed in 43 CFR 46.215. 

Effects on the Energy Supply (E.O. 

13211) 

Under Executive Order 13211, 

agencies are required to prepare and 

submit to OMB a Statement of Energy 

Effects for significant energy actions. 

This statement is to include a detailed 

statement of ‘‘any adverse effects on 

energy supply, distribution, or use 

(including a shortfall in supply, price 

increases, and increase use of foreign 

supplies)’’ for the action and reasonable 

alternatives and their effects. 

Section 4(b) of Executive Order 13211 

defines a ‘‘significant energy action’’ as 


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‘‘any action by an agency (normally 

published in the Federal Register) that 

promulgates or is expected to lead to the 

promulgation of a final rule or 

regulation, including notices of inquiry, 

advance notices of proposed 

rulemaking, and notices of proposed 

rulemaking: (1)(i) that is a significant 

regulatory action under E.O. 12866 or 

any successor order, and (ii) is likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy; or 

(2) that is designated by OIRA as a 

significant energy action.’’ 

This proposed rule would not have a 

significant effect on the Nation’s energy 

supply. It would restate existing 

statutory standards and establish a 

procedural framework for ensuring that 

the BLM meets those standards. It also 

would codify land use restrictions that 

already are legally binding in the 2022 

IAP ROD. Further, the proposed rule 

would presume, in proposed 

§ 2361.40(c), that oil and gas leasing or 

infrastructure on lands allocated as 

available for such activities ‘‘should not 

be permitted unless specific information 

available to the Bureau clearly 

demonstrates that those activities can be 

conducted with no or minimal adverse 

effects on significant resource values.’’ 

That presumption merely implements 

the BLM’s existing statutory duty to 

assure maximum protection of the 

significant resource values in Special 

Areas. 42 U.S.C. 6504(a). Therefore, the 

proposed rule would not change the 

supply, distribution, or use of energy. 

The BLM welcomes public comments 

on the impact of this proposed rule on 

future energy production. 

Clarity of This Regulation (E.O.s 12866, 

12988, and 13563) 

We are required by E.O.s 12866 

(section 1(b)(12)), 12988 (section 

3(b)(1)(B)), and 13563 (section 1(a)), and 

by the Presidential Memorandum of 

June 1, 1988, to write all rules in plain 

language. This means that each rule 

must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use common, everyday words and 

clear language rather than jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help the BLM revise 

the proposed rule, your comments 

should be as specific as possible. For 

example, you should tell us the 

numbers of the sections or paragraphs 

that you find unclear, which sections or 

sentences are too long, the sections 

where you feel lists or tables would be 

useful, etc. 

Laura Daniel-Davis, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

List of Subjects in 43 CFR Part 2360 

Alaska, Oil and gas activity, 

Protection of surface resources, Tribes, 

Special Areas. 

■ For the reasons set out in the 

preamble, the Bureau of Land 

Management proposes to revise 43 CFR 

part 2360 as follows: 

PART 2360—NATIONAL PETROLEUM 

RESERVE IN ALASKA 

Subpart 2361—Management and Protection 

of the National Petroleum Reserve in Alaska 

Sec. 

2361.1 Purpose. 

2361.3 Authority. 

2361.4 Responsibility. 

2361.5 Definitions. 

2361.6 Effect of law. 

2361.7 Severability. 

2361.10 Protection of surface resources. 

2361.20 Existing Special Areas. 

2361.30 Special Areas designation and 

amendment process. 

2361.40 Management of oil and gas 

activities in Special Areas. 

2361.50 Management of subsistence uses 

within Special Areas. 

2361.60 Co-stewardship opportunities in 

Special Areas. 

2361.70 Use authorizations. 

2361.80 Unauthorized use and occupancy. 

Subpart 2362 [Reserved] 

Authority: 42 U.S.C. 6501 et seq. and 43 

U.S.C. 1701 et seq. 

§ 2361.1 Purpose. 

The purpose of the regulations in this 

subpart is to provide procedures for 

protection and control of the 

environmental, fish and wildlife, and 

historical and scenic values of the 

National Petroleum Reserve in Alaska, 

including mitigating the significantly 

adverse effects of oil and gas activities 

on the surface resources of the Reserve 

and assuring maximum protection of 

significant resource values in Special 

Areas pursuant to and consistent with 

the provisions of the Naval Petroleum 

Reserves Production Act of 1976 (90 

Stat. 303; 42 U.S.C. 6501 et seq.), Alaska 

National Interest Lands Conservation 

Act (94 Stat. 2371, 16 U.S.C. 3101 et 

seq.), and other applicable authorities. 

§ 2361.3 Authority. 

The statutory authority for these 

regulations is the Naval Petroleum 

Reserves Production Act of 1976, as 

amended by the Department of the 

Interior Appropriations Act, Fiscal Year 

1981 (Pub. L. 96–514). 

§ 2361.4 Responsibility. 

The Bureau of Land Management is 

responsible for the surface and 

subsurface management of the Reserve, 

including protecting surface resources 

from environmental degradation and 

assuring maximum protection of 

significant resource values in Special 

Areas. The Act authorizes the Bureau to 

prepare rules and regulations necessary 

to carry out surface management and 

protection duties. 

§ 2361.5 Definitions. 

As used in this subpart, the term: 

Act means the Naval Petroleum 

Reserves Production Act of 1976 (as 

amended and codified at 42 U.S.C. 

6501–6508). 

Authorized officer means any 

employee of the Bureau of Land 

Management who has been delegated 

the authority to perform the duties of 

this subpart. 

Bureau means the Bureau of Land 

Management. 

Exploration means activities 

conducted on the Reserve for the 

purpose of evaluating petroleum 

resources, including crude oil, gases 

(including natural gas), natural gasoline, 

and other related hydrocarbons, oil 

shale, and the products of any such 

resources. 

Indigenous Knowledge (IK) means a 

body of observations, oral and written 

knowledge, practices, and beliefs 

developed by Tribes and Indigenous 

Peoples through interaction and 

experience with the environment. It is 

applied to phenomena across biological, 

physical, social, and cultural systems. 

IK can be developed over millennia, 

continues to develop, and includes 

understanding based on evidence 

acquired through direct contact with the 

environment and long-term experiences, 

as well as extensive observations, 

lessons, and skills passed from 

generation to generation. IK is 

developed by Indigenous Peoples 

including, but not limited to, Tribal 

Nations, American Indians, and Alaska 

Natives. 

Integrated Activity Plan (IAP) means a 

land use management plan that governs 

the management of all BLMadministered lands and minerals 

throughout the Reserve. 

Infrastructure means a structure or 

improvement that is not built for use by 

subsistence hunters, trappers, fishers, 

berry-pickers, and other subsistence 

users to facilitate subsistence activities 

and that is not ephemeral, such as snow 

or ice roads. Infrastructure includes 


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pipelines, gravel drilling pads, and 

other improvements built to support 

commercial oil and gas activities, but it 

does not include exploratory wells that 

are drilled in a single season; 

infrastructure in support of science and 

public safety; and construction, 

renovation, or replacement of facilities 

on existing gravel pads at previously 

disturbed sites where the facilities will 

promote safety and environmental 

protection. 

Reserve means those lands within the 

National Petroleum Reserve in Alaska 

(prior to June 1, 1977, designated Naval 

Petroleum Reserve No. 4) which was 

established by Executive order, dated 

February 27, 1923, except for tract 

Numbered 1 as described in Public Land 

Order 2344 (the Naval Arctic Research– 

Laboratory—surface estate only) dated 

April 24, 1961. 

Secretary means the Secretary of the 

Interior. 

Significant resource value means any 

subsistence, recreational, fish and 

wildlife, historical, or scenic value 

identified by the Bureau as supporting 

the designation of a Special Area. 

Special Areas means areas within the 

Reserve identified by the Secretary or by 

statute as having significant resource 

values and that are managed to assure 

maximum protection of such values, to 

the extent consistent with the 

requirements of the Act for the 

exploration of the Reserve. 

Use authorization means a written 

approval of a request for use of land or 

resources. 

§ 2361.6 Effect of law. 

(a) Subject to valid existing rights, and 

except as provided by the Department of 

the Interior Appropriations Act, Fiscal 

Year 1981 (Pub. L. 96–514), all lands 

within the exterior boundaries of the 

Reserve are reserved and withdrawn 

from all forms of entry and disposition 

under the public land laws, including 

the mining and mineral leasing laws, 

and all other acts. 

(b) Notwithstanding the provisions of 

paragraph (a) of this section, the 

Secretary is authorized to: 

(1) Make dispositions of mineral 

materials pursuant to the Act of July 31, 

1947 (61 Stat. 681), as amended (30 

U.S.C. 601), for appropriate use by 

Alaska Natives and the North Slope 

Borough. 

(2) Make such dispositions of mineral 

materials and grant such rights-of-way, 

licenses, and permits as may be 

necessary to carry out the Secretary’s 

responsibilities under the Act. 

(3) Convey the surface of lands 

properly selected on or before December 

18, 1975, by Native village corporations 

pursuant to the Alaska Native Claims 

Settlement Act, as amended (43 U.S.C. 

1601, et seq.). 

(4) Grant such rights-of-way to the 

North Slope Borough, under the 

provisions of title V of the Federal Land 

Policy and Management Act of 1976 (43 

U.S.C. 1761 et seq.) or section 28 of the 

Mineral Leasing Act, as amended (30 

U.S.C. 185), as may be necessary to 

permit the North Slope Borough to 

provide energy supplies to villages on 

the North Slope. 

(c) All other provisions of law 

heretofore enacted and actions 

heretofore taken reserving such lands as 

a Reserve shall remain in full force and 

effect to the extent not inconsistent with 

the Act. 

(d) To the extent not inconsistent with 

the Act, all other public land laws are 

applicable. 

§ 2361.7 Severability. 

If a court holds any provision of the 

regulations in this part or their 

applicability to any person or 

circumstances invalid, the remainder of 

these regulations and their applicability 

to other people or circumstances will 

remain unaffected. 

§ 2361.10 Protection of surface resources. 

(a) In administering the Reserve, the 

Bureau must protect surface resources 

by adopting whatever conditions, 

restrictions, and prohibitions it deems 

necessary or appropriate to mitigate 

reasonably foreseeable and significantly 

adverse effects of proposed activities. 

Such conditions, restrictions, or 

prohibitions may involve conditioning, 

delaying action on, or denying some or 

all aspects of proposed activities, and 

will fully consider community access 

and other infrastructure needs, after 

consultation with the North Slope 

Borough and consistent with § 2361.6. 

(b) The Bureau will use the following 

procedures to protect surface resources 

from the reasonably foreseeable and 

significantly adverse effects of proposed 

activities: 

(1) The Bureau will maintain an 

Integrated Activity Plan (IAP) 

addressing management of all BLMadministered lands and minerals 

throughout the Reserve. When issuing a 

use authorization, the Bureau must 

conform to the IAP and these rules. To 

the extent there is any inconsistency 

between the IAP and these rules, the 

rules govern; 

(2) In each decision concerning 

proposed activity in the Reserve, the 

Bureau will document consideration of, 

and adopt measures to mitigate, 

reasonably foreseeable and significantly 

adverse effects on fish and wildlife, 

water, cultural, paleontological, scenic, 

and any other surface resource. The 

Bureau will take particular care to 

account for, and mitigate adverse effects 

on, surface resources that support 

subsistence uses and needs; 

(3) In assessing effects of a decision 

concerning proposed activity in the 

Reserve, the Bureau will identify and 

evaluate any reasonably foreseeable 

effects of its decision, including effects 

that are later in time or farther removed 

in distance, and effects that result from 

the incremental effects of the proposed 

activities when added to the effects of 

other past, present, and reasonably 

foreseeable actions; and 

(4) The Bureau will document its 

consideration of any uncertainty 

concerning the nature, scope, and 

duration of potential effects on surface 

resources of the Reserve and shall 

ensure that any conditions, restrictions, 

or prohibitions on proposed activities 

account for and reflect any such 

uncertainty. 

(c) When affected surface resources 

are located in Special Areas, the Bureau 

must comply with the procedures and 

requirements of §§ 2361.20 through 

2361.60. 

(d) The Bureau must include in each 

decision and authorization related to 

proposed activity in the Reserve such 

terms and conditions that provide the 

Bureau with sufficient ability to fully 

implement the requirements of this 

subpart. 

(e)(1) To the extent consistent with 

the requirements of the Act, the terms 

of any applicable existing authorization, 

and applicable law, and after 

consultation with appropriate Federal, 

State, and local agencies, federally 

recognized Tribes, and Alaska Native 

Claims Settlement Act corporations, the 

authorized officer may limit, restrict, or 

prohibit the use of or access to lands 

within the Reserve, including Special 

Areas. Upon proper notice, as 

determined by the authorized officer, 

such actions may be taken to protect 

fish and wildlife breeding, nesting, 

spawning, lambing or calving, or 

migrations; subsistence uses and 

resources; and other environmental, 

scenic, or historic values. 

(2) The consultation requirement in 

§ 2361.1(e)(1) is not required when the 

authorized officer determines that 

emergency measures are required. 

(f) No site, structure, object, or other 

values of historical, cultural, or 

paleontological character, including, but 

not limited to, historic and prehistoric 

remains, fossils, and artifacts, shall be 

injured, altered, destroyed, or collected 

without authorization under an 

appropriate Federal permit and without 


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Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Proposed Rules 62041 

compliance with applicable law 

governing cultural items, archaeological 

resources, and historic properties. 

§ 2361.20 Existing Special Areas. 

Any lands within the Reserve 

designated as a Special Area as of 

[EFFECTIVE DATE OF THE FINAL 

RULE], will continue to be managed as 

a Special Area except as modified 

pursuant to § 2361.30, including: 

(a) Colville River Special Area. The 

Colville River Special Area 

encompasses the area within the 

boundaries depicted on maps that are 

published as of [EFFECTIVE DATE OF 

THE FINAL RULE], and available for 

public inspection at the Arctic District 

Office. The Colville River Special Area 

shall be managed to assure maximum 

protection of the following significant 

resource values, as well as additional 

values identified through the process set 

forth in § 2361.30: 

(1) Important habitat for raptor 

species, including, but not limited to, 

the Arctic peregrine falcon; 

(2) Important habitat for other bird 

species, including, but not limited to, 

neotropical migratory birds, shorebirds, 

loons, waterfowl, inland dwelling sea 

birds, and passerines; 

(3) Important habitat for moose; 

(4) Important habitat for fish; 

(5) Important subsistence activities; 

(6) Important recreational activities; 

(7) World-class paleontological 

deposits; and 

(8) Significant cultural resources, 

including numerous sites from the 

prehistoric and historic eras. 

(b) Kasegaluk Lagoon Special Area. 

The Kasegaluk Lagoon Special Area 

encompasses the area within the 

boundaries depicted on maps that are 

published as of [EFFECTIVE DATE OF 

THE FINAL RULE], and available for 

public inspection at the Arctic District 

Office. The Kasegaluk Lagoon Special 

Area shall be managed to assure 

maximum protection of the following 

significant resource values, as well as 

additional values identified through the 

process set forth in § 2361.30: 

(1) Important habitat for marine 

mammals; 

(2) Unique ecosystem for the Arctic 

Coast; 

(3) Opportunities for primitive 

recreational experiences; 

(4) Important habitat for migratory 

birds; and 

(5) Important subsistence activities. 

(c) Peard Bay Special Area. The Peard 

Bay Special Area encompasses the area 

within the boundaries depicted on maps 

that are published as of [EFFECTIVE 

DATE OF THE FINAL RULE], and 

available for public inspection at the 

Arctic District Office. The Peard Bay 

Special Area shall be managed to assure 

maximum protection of the following 

significant resource values, as well as 

additional values identified through the 

process set forth in § 2361.30: 

(1) Haul-out areas and nearshore 

waters for marine mammals; and 

(2) High-use staging and migration 

areas for shorebirds and waterbirds. 

(d) Teshekpuk Lake Special Area. The 

Teshekpuk Lake Special Area 

encompasses the area within the 

boundaries depicted on maps that are 

published as of [EFFECTIVE DATE OF 

THE FINAL RULE], and available for 

public inspection at the Arctic District 

Office. The Teshekpuk Lake Special 

Area shall be managed to assure 

maximum protection of the following 

significant resource values, as well as 

additional values identified through the 

process set forth in § 2361.30: 

(1) Important nesting, staging, and 

molting habitat for a large number of 

migratory and other waterbirds; 

(2) Important caribou habitat; 

(3) Important shorebird habitat; 

(4) Subsistence hunting and fishing 

activities; 

(5) Pik Dunes; and 

(6) Overwintering habitat for fish. 

(e) Utukok River Uplands Special 

Area. The Utukok River Uplands 

Special Area encompasses the area 

within the boundaries depicted on maps 

that are published as of [EFFECTIVE 

DATE OF THE FINAL RULE], and 

available for public inspection at the 

Arctic District Office. The Utukok River 

Uplands Special Area shall be managed 

to assure maximum protection of the 

following significant resource values, as 

well as additional values identified 

through the process set forth in 

§ 2361.30: 

(1) Important habitat for the Western 

Arctic Caribou Herd; 

(2) Subsistence hunting activities; 

(3) Grizzly bear habitat; and 

(4) Important wilderness values. 

§ 2361.30 Special Areas designation and 

amendment process. 

(a) The Bureau must evaluate lands 

within the Reserve for the presence of 

significant subsistence, recreational, fish 

and wildlife, historical, or scenic values 

and shall designate lands as Special 

Areas containing such values in 

accordance with the following 

procedures: 

(1) At least once every 5 years, the 

Bureau must evaluate and determine 

whether to: 

(i) Designate new Special Areas; 

(ii) Expand existing Special Areas; 

(iii) Recognize the presence of 

additional significant resource values in 

existing Special Areas; or 

(iv) Require additional measures to 

assure maximum protection of 

significant resource values within 

existing Special Areas. 

(2) The Bureau may, but is not 

required to, conduct the evaluation and 

otherwise designate and amend Special 

Areas through amendment of the IAP. 

(3) Throughout the evaluation 

process, the Bureau must rely on the 

best available scientific information, 

including Indigenous Knowledge, as 

well as the best available information 

concerning subsistence uses and 

resources within the Reserve. 

(4) The Bureau must provide the 

public and interested stakeholders with 

notice of, and meaningful opportunities 

to participate in, the evaluation process, 

including the opportunity to 

recommend lands that should be 

considered for designation as a Special 

Area, significant resource values that 

the Bureau should consider recognizing 

for existing Special Areas, and measures 

that the Bureau should consider 

requiring to assure maximum protection 

of significant resource values within 

Special Areas. The Bureau will evaluate 

and respond to recommendations that 

are made in completing its evaluation. 

Such recommendations should identify 

and describe: 

(i) The size and location of the 

recommended lands; 

(ii) The significant resource values 

that are present within or supported by 

the recommended lands; 

(iii) Measures that may be necessary 

to assure maximum protection of those 

values; and 

(iv) Any other pertinent information. 

(5) If, at any point during the 

evaluation process, the authorized 

officer determines that interim measures 

are required to assure maximum 

protection of significant resource values 

in lands under consideration for 

designation as a Special Area, the 

authorized officer may implement such 

measures during the period for which 

the lands are under consideration. 

(6) The Bureau must base its decisions 

to designate lands as Special Areas 

solely on the presence of significant 

resource values and must not consider 

the existence of measures that have been 

or may be adopted to protect or 

otherwise administer those values. 

(7) When the Bureau designates lands 

as Special Areas or recognizes the 

presence of additional significant 

resource values in existing Special 

Areas, the Bureau must adopt measures 

to assure maximum protection of 

significant resource values. Once 

adopted, these measures become part of 

and supersede inconsistent provisions 

of the IAP then in effect for the Reserve. 


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62042 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Proposed Rules 

(8) For any lands designated as a 

Special Area, the Bureau will publish a 

legal description of those lands in the 

Federal Register, along with a concise 

summary of the significant resource 

values that support the designation. The 

Bureau will also maintain a map of the 

Special Area on its website. 

(b) The Bureau may not remove lands 

from the Teshekpuk Lake and Utukok 

River Uplands Special Areas unless 

directed to do so by statute. The Bureau 

may remove lands within other Special 

Areas only when all of the significant 

resource values that support the 

designation are no longer present. When 

determining whether to remove lands 

from a Special Area designation, the 

Bureau must: 

(1) Prepare a summary of its proposed 

determination, including the underlying 

factual findings; 

(2) Provide the public and interested 

stakeholders with the opportunity to 

review and comment on the proposed 

determination; 

(3) Consult with any federally 

recognized Tribes and Alaska Native 

Claims Settlement Act corporations that 

use the affected Special Area for 

subsistence purposes or have historic or 

cultural ties to the Special Area; and 

(4) Issue a determination that 

documents how the views and 

information provided by the public, 

federally recognized Tribes, Alaska 

Native Claims Settlement Act 

corporations, federally qualified 

subsistence users, and other interested 

stakeholders have been considered. 

§ 2361.40 Management of oil and gas 

activities in Special Areas. 

Assuring maximum protection of 

significant resource values is the 

management priority for Special Areas. 

The Bureau must fulfill this duty at each 

stage in the decision-making process for 

oil and gas activities in the Reserve and 

in accordance with the following 

procedures: 

(a) The Bureau will identify and adopt 

maximum protection measures for each 

significant resource value that is present 

in a Special Area. 

(b) The Bureau must, to the extent 

consistent with the Act, take such steps 

as are necessary to avoid the adverse 

effects of proposed oil and gas activities 

on the significant resource values of 

Special Areas. This includes, but is not 

limited to, conditioning, delaying action 

on, or denying proposals for activities, 

either in whole or in part. 

(c) Subject to any revisions made 

pursuant to § 2361.30, oil and gas 

leasing and authorization of new 

infrastructure in Special Areas will 

conform to the land use allocations and 

restrictions identified on the maps 

published as of [EFFECTIVE DATE OF 

THE FINAL RULE], and available for 

public inspection at the Arctic District 

Office. On lands allocated as available 

for future oil and gas leasing or new 

infrastructure, the Bureau will presume 

that those activities should not be 

permitted unless specific information 

available to the Bureau clearly 

demonstrates that those activities can be 

conducted with no or minimal adverse 

effects on significant resource values. 

(d) The following exceptions apply 

within lands identified as closed to 

leasing or unavailable to new 

infrastructure: 

(1) The Bureau may issue oil and gas 

leases in Special Areas if drainage is 

occurring. Any lease issued for drainage 

purposes will include provisions that 

prohibit surface-disturbing oil and gas 

activities on the entire lease tract. 

(2) The Bureau may approve new 

roads, pipelines, transmission lines, and 

other types of infrastructure in Special 

Areas provided that: 

(i) The infrastructure will primarily be 

used by and provide a benefit to 

communities located within or in close 

proximity to the Reserve or will support 

subsistence activities; and 

(ii) Appropriate measures are adopted 

to assure maximum protection of 

significant resource values. 

(3) The Bureau may approve new 

permanent infrastructure related to 

existing oil and gas leases only if such 

infrastructure is essential for 

exploration or development activities 

and no practicable alternatives exist 

which would have less adverse impact 

on significant resource values of the 

Special Area, but only if necessary to 

comport with the terms of a valid 

existing lease. 

(e) The Bureau must document and 

consider any uncertainty concerning the 

nature, scope, and duration of potential 

adverse effects on significant resource 

values of Special Areas and shall ensure 

that any actions it takes to avoid, 

minimize, or mitigate such effects 

account for and reflect any such 

uncertainty. 

(f) If the Bureau determines that it 

cannot avoid adverse effects on a 

Special Area’s significant resource 

values, then it must prepare a Statement 

of Adverse Effect, which must describe 

the: 

(1) Significant resource values that 

may be adversely affected; 

(2) Nature, scope, and duration of 

those adverse effects; 

(3) Measures the Bureau evaluated to 

avoid the adverse effects; 

(4) Justification for not requiring those 

measures; 

(5) Measures the Bureau will require 

to minimize, to the maximum extent 

possible, adverse effects on significant 

resource values of the Special Area; and 

(6) Measures the Bureau will require 

to mitigate any residual adverse effects 

that cannot be avoided or minimized, 

including compensatory mitigation, 

along with an explanation of how those 

measures will assure maximum 

protection of significant resource values. 

(g) The Bureau must provide the 

public with a meaningful opportunity to 

review and comment on any Statement 

of Adverse Effect prepared under this 

section and must consider and respond 

to any relevant matter it receives. 

(h) The Bureau must consult with any 

federally recognized Tribes and Alaska 

Native Claims Settlement Act 

corporations that use the affected 

Special Area for subsistence purposes or 

have historic or cultural ties to the 

Special Area. 

(i) The Bureau must include in each 

decision and authorization related to oil 

and gas activity in the Reserve terms 

and conditions that provide the Bureau 

with sufficient authority to fully 

implement the requirements of this 

section. 

§ 2361.50 Management of subsistence 

uses within Special Areas. 

(a) The Bureau will ensure that 

Special Areas are managed to protect 

and support fish and wildlife and fish 

and wildlife habitat and associated 

subsistence use of such areas by rural 

residents as defined in 50 CFR 100.4. 

(b) The Bureau will provide 

appropriate access to and within Special 

Areas for subsistence purposes to the 

extent consistent with assuring 

maximum protection of all significant 

resource values that are found in such 

areas. 

§ 2361.60 Co-stewardship opportunities in 

Special Areas. 

In accordance with the Bureau’s costewardship guidance, the Bureau will 

seek opportunities to engage Tribes in 

co-stewardship for Special Areas. Costewardship opportunities may include 

co-management, collaborative and 

cooperative management, and Triballyled stewardship, and can be 

implemented through cooperative 

agreements, memoranda of 

understanding, self-governance 

agreements, and other mechanisms. The 

Bureau may also partner with Alaska 

Native Claims Settlement Act 

corporations, local governments, or 

organizations as provided by law. 

§ 2361.70 Use authorizations. 

(a) Use authorizations must be 

obtained from the authorized officer 


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Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Proposed Rules 62043 

prior to any use within the Reserve. 

Only uses that are consistent with the 

purposes and objectives of the Act and 

these regulations will be authorized. 

(b) Except as may be limited, 

restricted, or prohibited by the 

authorized officer pursuant to §§ 2361.1 

and 2361.2 or otherwise, use 

authorizations are not required for: 

(1) Subsistence uses (e.g., hunting, 

fishing, and berry-picking); and 

(2) Non-commercial recreational uses 

(e.g., hunting, fishing, backpacking, and 

wildlife observation). 

(c) Applications for use authorizations 

shall be filed in accordance with 

applicable regulations in this chapter. In 

the absence of such regulations, the 

authorized officer may consider and act 

upon applications for uses allowed 

under the Act. 

(d) In addition to other statutory or 

regulatory requirements, approval of 

applications for use authorizations shall 

be subject to such terms and conditions 

as the authorized officer determines to 

be necessary to protect the 

environmental, subsistence, 

recreational, fish and wildlife, 

historical, and scenic values of the 

Reserve and to assure maximum 

protection of significant resource values 

within Special Areas. 

§ 2361.80 Unauthorized use and 

occupancy. 

Any person who violates or fails to 

comply with regulations of this subpart 

is subject to prosecution, including 

trespass and liability for damages, 

pursuant to the appropriate laws. 

Subpart 2362 [Reserved] 

[FR Doc. 2023–18990 Filed 9–7–23; 8:45 am] 

BILLING CODE 4331–27–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2023–0065; 

FF09E21000 FXES1111090FEDR 234] 

RIN 1018–BG18 

Endangered and Threatened Wildlife 

and Plants; Threatened Species Status 

With Section 4(d) Rule for Brawleys 

Fork Crayfish and Designation of 

Critical Habitat 

Correction 

In proposed rule document 2023– 

17666 appearing on pages 57292–57327 

in the issue of Tuesday, August 22, 

2023, make the following correction: 

On page 57301, beginning at the top 

of the page, Figure 1 is corrected to 

appear as set forth below: 

BILLING CODE 0099–10–P 


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