I 

111TH CONGRESS 

1ST SESSION H. R. 39 

To preserve the Arctic coastal plain of the Arctic National Wildlife Refuge, 

Alaska, as wilderness in recognition of its extraordinary natural ecosystems and for the permanent good of present and future generations 

of Americans. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. MARKEY of Massachusetts introduced the following bill; which was 

referred to the Committee on Natural Resources 

A BILL 

To preserve the Arctic coastal plain of the Arctic National 

Wildlife Refuge, Alaska, as wilderness in recognition of 

its extraordinary natural ecosystems and for the permanent good of present and future generations of Americans. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Udall-Eisenhower Arc5 tic Wilderness Act’’. 

6 SEC. 2. FINDINGS AND STATEMENT OF POLICY. 

7 (a) FINDINGS.—The Congress finds the following: 


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1 (1) Americans cherish the continued existence 

2 of expansive, unspoiled wilderness ecosystems and 

3 wildlife found on their public lands, and feel a 

4 strong moral responsibility to protect this wilderness 

5 heritage as an enduring resource to bequeath undis6 turbed to future generations of Americans. 

7 (2) It is widely believed by ecologists, wildlife 

8 scientists, public land specialists, and other experts 

9 that the wilderness ecosystem centered around and 

10 dependent upon the Arctic coastal plain of the Arctic 

11 National Wildlife Refuge, Alaska, represents the 

12 very epitome of a primeval wilderness ecosystem and 

13 constitutes the greatest wilderness area and diversity 

14 of wildlife habitats of its kind in the United States. 

15 (3) President Dwight D. Eisenhower initiated 

16 protection of the wilderness values of the Arctic 

17 coastal plain in 1960 when he set aside 8,900,000 

18 acres establishing the Arctic National Wildlife Ref19 uge expressly ‘‘for the purpose of preserving unique 

20 wildlife, wilderness and recreational values’’. 

21 (4) In 1980, when the Congress acted to 

22 strengthen the protective management of the Eisen23 hower-designated area with the enactment of the 

24 Alaska National Interest Lands Conservation Act 

25 (Public Law 96–487), Representative Morris K. 


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1 Udall led the effort to more than double the size of 

2 the Arctic National Wildlife Refuge and extend stat3 utory wilderness protection to most of the original 

4 area. 

5 (5) Before the enactment of the Alaska Na6 tional Interest Lands Conservation Act, the House 

7 of Representatives twice passed legislation that 

8 would have protected the entire Eisenhower-des9 ignated area as wilderness, including the Arctic 

10 coastal plain. 

11 (6) A majority of Americans have supported 

12 and continue to support preserving and protecting 

13 the Arctic National Wildlife Refuge, including the 

14 Arctic coastal plain, from any industrial development 

15 and consider oil and gas exploration and develop16 ment in particular to be incompatible with the pur17 poses for which this incomparable wilderness eco18 system has been set aside. 

19 (7) When the Arctic National Wildlife Refuge 

20 was established in 1980 by paragraph (2) of section 

21 303 of the Alaska National Interest Lands Con22 servation Act (Public Law 96–487; 94 Stat. 2390; 

23 16 U.S.C. 668dd note), subparagraph (B)(iii) of 

24 such paragraph specifically stated that one of the 

25 purposes for which the Arctic National Wildlife RefVerDate Nov 24 2008 06:25 Jan 08, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H39.IH H39

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1 uge is established and managed would be to provide 

2 the opportunity for continued subsistence uses by 

3 local residents, and, therefore, the lands designated 

4 as wilderness within the Refuge, including the area 

5 designated by this Act, are and will continue to be 

6 managed consistent with such subparagraph. 

7 (8) Canada has taken action to preserve those 

8 portions of the wilderness ecosystem of the Arctic 

9 that exist on its side of the international border and 

10 provides strong legal protection for the habitat of 

11 the Porcupine River caribou herd that migrates an12 nually through both countries to calve on the Arctic 

13 coastal plain. 

14 (9) The extension of full wilderness protection 

15 for the Arctic coastal plain within the Arctic Na16 tional Wildlife Refuge will still leave most of the 

17 North Slope of Alaska available for the development 

18 of energy resources, which will allow Alaska to con19 tinue to contribute significantly to meeting the en20 ergy needs of the United States without despoiling 

21 the unique Arctic coastal plain of the Arctic Na22 tional Wildlife Refuge. 

23 (b) STATEMENT OF POLICY.—The Congress hereby 

24 declares that it is the policy of the United States— 


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1 (1) to honor the decades of bipartisan efforts 

2 that have increasingly protected the great wilderness 

3 ecosystem of the Arctic coastal plain; 

4 (2) to sustain this natural treasure for the cur5 rent generation of Americans; and 

6 (3) to do everything possible to protect and pre7 serve this magnificent natural ecosystem so that it 

8 may be bequeathed in its unspoiled natural condition 

9 to future generations of Americans. 

10 SEC. 3. DESIGNATION OF ADDITIONAL WILDERNESS, ARC11 TIC NATIONAL WILDLIFE REFUGE, ALASKA. 

12 (a) INCLUSION OF ARCTIC COASTAL PLAIN.—In fur13 therance of the Wilderness Act (16 U.S.C. 1131 et seq.), 

14 an area within the Arctic National Wildlife Refuge in the 

15 State of Alaska comprising approximately 1,559,538 

16 acres, as generally depicted on a map entitled ‘‘Arctic Na17 tional Wildlife Refuge—1002 Area Alternative E—Wilder18 ness Designation’’ and dated October 28, 1991, is hereby 

19 designated as wilderness and, therefore, as a component 

20 of the National Wilderness Preservation System. The map 

21 referred to in this subsection shall be available for inspec22 tion in the offices of the Secretary of the Interior. 

23 (b) ADMINISTRATION.—The Secretary of the Interior 

24 shall administer the area designated as wilderness by sub25 section (a) in accordance with the Wilderness Act as part 


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1 of the wilderness area already in existence within the Arc2 tic National Wildlife Refuge as of the date of the enact3 ment of this Act. 

Æ 


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