In May, the BLM released their final version of a new NPR-A rule that was built on a flawed process and ignored the input of elected leaders and North Slope communities.
Not willing to rest on their laurels, BLM published a Request For Information (RFI), inserting a new twist into the final rule saga that is currently tied up in the courts and being challenged by Alaska oil and gas operators, the State of Alaska, and North Slope organizations.
This new approach is unclear and a departure from past practices. Asking for comments to be emailed, instead of using a public, accessible platform allows the BLM to solicit input in secret and never make it public. This certainly supports the argument that BLM continually ignores the input of North Slope residents and elected officials.
It seems like only yesterday that Secretary of Interior Haaland said ““The White House Council on Native American Affairs represents an important commitment to strengthen Tribal sovereignty, uphold our commitment to Tribal Nations, and honor the United States’ nation-to-nation relationships. Part of that commitment includes ensuring that Tribal leaders have a seat at the table and can work directly with federal leaders on issues of importance.”
Many trade associations, unions and private sector companies involved in the NPR-A didn’t appreciate BLM’s backdoor approach to push new policies and restrictions without providing clear criteria to evaluate what they seek and what the outcome will be.
Alaska Congressional Delegation: “BLM’s actions are simply not a reasonable interpretation of federal law, let alone the best interpretation of federal law, as the agency has dramatically upended its management mission in the NPR-A from one led by responsible resource development to one defined by relentless conservation,” Alaska’s Congressional Delegation wrote. “We therefore request that BLM immediately abandon the RFI process. BLM should have allowed the courts to review and make a decision on the multiple challenges to the final rule before issuing the RFI and used the next IAP process to decide the future of Special Areas within the NPR-A. The process by which BLM is undertaking the RFI is not transparent, will hide relevant information from policymakers and the public, and any decisions based on it will be unilaterally made behind closed doors without a true public process.”
Armstrong Oil and Gas: “Even the BLM itself recognized that the decisions in the 2022 Petroleum Reserve IAP Record of Decision makes available for leasing the minimum amount of public lands necessary to allow for oil and gas development while providing necessary protection for subsistence users and resources. Based on BLM’s own statements within the 2022 IAP, it has already reduced the amount of lands available to oil and gas development to the minimum potentially allowed under the Petroleum Reserve’s authorizing act.”
ConocoPhillips Alaska: “BLM’s new regulations are unlawful, as is the process BLM apparently envisions with the RFI. It has strayed from the law and the IAP, diminished public engagement, and upset the balance that supports the leasing program and serves the public interest. BLM 3 should adhere to the process that it has already established as a matter of law and precedent, and to serve the value of transparency.”
Alaska Oil and Gas Association: “This current approach not only contradicts the statutory framework established by Congress but also threatens the responsible development of vital oil and gas resources in Alaska,” said Kara Moriarty, AOGA president and CEO. “We urge BLM to refrain from taking further action until the litigation surrounding the new NPR-A rule is resolved, and to commit to a transparent, legal process that balances development with the protection of critical resources.”
These organizations, and others, urged BLM to halt the RFI process, wait for the courts to rule on the NPR-A rule, and adhere to a transparent, tried-and-true approach that respects Alaska’s communities and industries.