[Congressional Record Volume 171, Number 187 (Friday, November 7, 2025)]
[Senate]
[Pages S7997-S8001]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              S.J. RES. 80

  Mr. SULLIVAN. Madam President, I rise today to urge my colleagues to 
reject the Biden administration's sweeping plan to lock down nearly 
half of the National Petroleum Reserve in Alaska to responsible oil and 
gas development in contradiction to congressional mandates. I urge my 
colleagues to support the Alaska delegation's joint resolution of 
disapproval, S.J. Res. 80, to protect Alaska's rights and future.
  The implementation of the Biden administration's National Petroleum 
Reserve in Alaska, NPR-A, Integrated Activity Plan, IAP, Record of 
Decision, ROD, locks away more than 6 million acres previously made 
available for responsible oil and gas leasing and restricts 
infrastructure across 8 million acres--completely undermining the 
intent of Congress and ignoring the needs and input of local residents. 
Passing this joint resolution will disapprove this Record of Decision 
and revert management of the NPR-A back to the previously approved 
Integrated Activity Plan promulgated during the first Trump 
administration.
  I have long said that Alaskans are some of the foremost 
conservationists in the world, with a long-standing record of balancing 
conservation with responsible resource and infrastructure development. 
Our oil fields on Alaska's North Slope offer a world-class example of 
what it means to responsibly produce energy in a harsh and demanding 
environment. The environmentally conscious way in which Alaskans have 
applied cutting-edge technology is second to none, utilizing ice roads 
and a winter construction season to minimize impact on Alaska's tundra.
  Because of the opportunities provided by oil and gas operations, this 
industry has provided thousands of good-paying jobs to Alaskans. It has 
become the primary driver of my State's economy. Oil and gas revenues 
fund education, essential infrastructure, and community services across 
the State, making responsible resource development truly a matter of 
life or death for Alaskans. In 1954, the Interior Department, with the 
help of the University of Pittsburgh, conducted a study of the health 
of Alaska Natives. Many of our communities in rural Alaska all had some 
of the lowest levels of life expectancy in the entire world. Between 
1980 and 2014, the average lifespan increased by 13 years across the 
region, largely due to oil and gas revenue providing the opportunity to 
install what we consider to be basic and essential community 
infrastructure. To say these operations have had a positive impact on 
the local communities is a gross understatement.
  The North Slope of Alaska contains some of the greatest hydrocarbon 
potential of any place on the planet. It is home to the Prudhoe Bay oil 
field, the largest conventional oil field in North America, which has 
produced over 13 billion barrels of oil since production began in 1977. 
On either side of Prudhoe Bay are two Federal areas, one being the 
Arctic National Wildlife Refuge and the other being the National 
Petroleum Reserve in Alaska, the subject of today's legislation. The 
U.S. Geological Survey this year reported that half of the estimated 
undiscovered technically recoverable oil lying below Federal lands was 
in Alaska, 14 billion barrels of it being on the North Slope of Alaska. 
Importantly, the North Slope of Alaska is also the ancestral lands of 
the Inupiat people, who have lived, subsisted, and called the Arctic 
home for thousands of years. This is an area the size of Minnesota, 
wholly above the Arctic Circle, with none of the communities connected 
by a permanent road system, necessitating all supplies needing to be 
flown or barged in. Like much of rural Alaska, it has some of the 
highest costs of living anywhere in the Nation.
  The discovery of Prudhoe Bay in 1968 could not have come at a more 
crucial time for the United States, which was right at the height of 
the Arab Oil Embargo. The barrels of crude oil from Prudhoe and 
subsequent North Slope discoveries have helped ensure the American 
people are not held hostage by adversarial powers seeking to use energy 
as a tool of coercion. The discovery of Prudhoe Bay did not come in a 
vacuum. In fact, it was long known that the North Slope of Alaska had 
oil potential. In the early 1900s, as the U.S. Navy began transitioning 
from coal to oil-burning engines, the Federal Government became 
increasingly concerned about the supply of oil reserves in the event of 
war or national emergency. In response, the Federal Government made 
multiple withdrawals of public land to ensure a stockpile of fuel 
supplies for the Navy remained available. The largest of these reserves 
was on the Alaska North Slope and was designated by President Warren G. 
Harding in 1923 as the Naval Petroleum Reserve Numbered 4, Alaska.

[[Page S7998]]

  Following the discovery of oil at Prudhoe Bay and the ongoing oil 
embargo, Congress passed the 1976 Naval Petroleum Reserves Production 
Act, NPRPA, transferring jurisdiction of the Reserve from the Navy to 
the Department of the Interior and redesignating the area as the 
National Petroleum Reserve in Alaska, a 23-million-acre area roughly 
the size of Indiana. A 1980 amendment to the NPRPA directed the 
Secretary of the Interior to undertake ``an expeditious program of 
competitive leasing of oil and gas'' in the NPR-A and also set up 
revenue sharing provision between the Federal Government and the State 
of Alaska that prioritized the subdivisions of the State most directly 
severely impacted by oil and gas development, ensuring the people who 
live in Alaska could provide for essential services.
  While initial interest in the NPR-A was tepid, new oil finds closer 
to the NPR-A boundaries led to a number of successful lease sales 
generating millions of dollars in Federal revenues. Among the most 
successful was the 2016 lease sale, which came following the discovery 
of the Willow field. The Bureau of Land Management, BLM, estimates the 
Willow Project will produce 576 million barrels of oil and non-gas 
liquids over 30 years and generate $5.9 billion in revenue for the 
Federal Government through 2053.
  In 2012, the Obama administration, issued the first integrated 
activity plan, IAP, addressing management for the entire NPR-A, but 
only made available 11.8 million acres of the Reserve for oil and gas 
leasing. Beginning in 2017, during the first Trump administration, the 
Department of the Interior took steps to revise the IAP and 
Environmental Impact Statement, EIS, that would strike an appropriate 
balance of promoting development while protecting surface resources as 
was required in the NPRPA. In December 2020, BLM released the National 
Petroleum Reserve in Alaska Integrated Activity Plan Record of 
Decision, the culmination of thousands of comments, over a dozen public 
meetings, and the continuous involvement of the North Slope Borough, 
the Inupiat Community of the Arctic Slope, the State of Alaska, and 
relevant Federal Agencies. The Record of Decision selected an 
alternative that made available an additional 6.8 million acres, for a 
total of 18.6 million acres or 82 percent of the NPR-A's subsurface 
estate, available for oil and gas leasing while ensuring lands were 
made available for pipelines and other essential oil and gas 
infrastructure and community infrastructure. The 2020 plan also 
provided important protections for surface resources, particularly 
subsistence uses by providing adequate protection for sensitive bird 
populations and the Teshekpuk and Western Arctic Caribou Herds. All in 
all, it was a phenomenal achievement by some very dedicated BLM 
employees and an example of Federal Agencies working hand-in-hand with 
Alaskans to understand our unique conditions, producing results that 
protect both our environment and our way of life.
  However, following the 2020 election, President Biden announced plans 
to immediately review all Agency actions taken during President Trump's 
term, and the Department of the Interior identified the 2020 IAP/EIS as 
warranting review, one of the 70 Executive actions the Biden 
administration took targeting Alaska. BLM determined that the existing 
2020 IAP/EIS and associated evaluations were adequate, and no 
additional analysis was necessary for the Department to select a 
different alternative from the range analyzed. In April 2022, BLM 
released a new record of decision that selected the No Action 
Alternative identified in the 2020 IAP that effectively reverted 
management of the NPR-A back to the Obama administration's 2013 IAP 
ROD. The Biden IAP greatly expanded special areas within the Reserve, 
prohibiting leasing on 11 million acres or 48 percent of the Reserve, 
and prohibited infrastructure on approximately 8.3 million acres. The 
ROD altered and expanded the Special Areas designated under the NPRPA 
and established performance-based required operating procedures and 
lease stipulations that applied to oil and gas leasing and development 
and to some non-oil and gas activities within the Reserve. It is this 
sweeping plan by the Biden administration that the passage of this 
joint resolution would invalidate.
  I have long said that when we shut down production in Alaska, we 
weaken America's hand on the global stage. Every time the Federal 
Government curtails the production of oil and gas in Alaska, it 
strengthens the position of OPEC and our adversaries while undermining 
America's geostrategic leverage, the very outcome Congress sought to 
prevent by opening up the NPR-A in the first place.
  The issuance of Biden's new highly restrictive IAP was widely 
condemned as egregious by Alaskans. Our entire Alaska congressional 
delegation slammed the decision as contrary to good science, in 
contravention of congressional directives in Federal law, and foolish, 
as the Biden administration implored OPEC+ members to produce more oil. 
Alaska Governor Mike Dunleavy said the plan ``is another sign of the 
federal government turning its back on Alaska and hampering domestic 
energy production.'' The Arctic Slope Regional Corporation, ASRC, one 
of the 12 land-owning Alaska Native corporations created under the 1971 
Alaska Native Claims Settlement Act, ANCSA, and representing the 
interests of more than 13,000 Inupiat shareholders, echoed those 
concerns. In testimony before the Alaska Legislature, ASRC Vice 
President of External Affairs Bridget Anderson explained, ``despite our 
sustained efforts and our willingness to work with the federal 
government, our perspectives are often drowned out by entities who have 
no ties to our region nor have any understanding of the nuances of the 
ANCSA model of indigenous representation. The choice by members of 
Congress and the administration to overlook our voices is not only 
frustrating, it is insulting.'' The Alaska Legislature passed a 
resolution unopposed, sponsored by the legislator representing the 
North Slope, an Inupiat himself, urging BLM to maximize the area 
available for oil and gas leasing and development in the NPR-A and to 
take into account the long history of safe and responsible oil and gas 
development on the North Slope. All these Alaskan voices were ignored.
  Importantly, my joint resolution is supported by the North Slope 
Regional Trilateral, which is made up of the elected leaders of the 
North Slope Borough, the Inupiat Community of the Arctic Slope, which 
is the regional tribe, and ASRC. The members of the North Slope 
Regional Trilateral voiced their opposition to the Biden 
administration's overbearing restrictions during his 4 years in office. 
Yet, despite their opposition, they were ignored--a repeated offense of 
the Biden administration, who repeatedly disregarded Alaska Native 
voices. In fact, North Slope leaders from my State flew thousands of 
miles eight separate times to DC to request a meeting with Secretary of 
the Interior Haaland to oppose her lock-up of the North Slope. Eight 
times, she refused to meet with them. The Trilateral's letter of 
support for the disapproval resolution notes that the 2022 IAP put in 
place by the Biden administration imposes ``sweeping restrictions that 
curtail responsible development, undermine congressional intent, and 
disregard the well-being of the people who depend on these lands for 
both subsistence and livelihoods'' and ``disregards the economic needs 
of North Slope communities, and creates unnecessary obstacles to 
infrastructure, energy, and community health across the North Slope of 
Alaska.''
  Fortunately, elections have consequences, and on his first day in 
office of his second term, President Trump signed Executive Order 
14153, ``Unleashing Alaska's Extraordinary Resource Potential,'' which 
called for the rescission of the 2022 Integrated Activity Plan Record 
of Decision and a reimplementation of the IAP issued by the first Trump 
administration in 2020. This past summer, Secretary of the Interior 
Doug Burgum flew to Alaska and held a townhall on the North Slope with 
regional leaders and listened to their concerns, showing respect for 
the Alaska Native people who live there. Under his leadership, he has 
already advanced steps to rescind Biden's other disastrous restriction 
on the NPR-A: the 2024 Management and Protection of the National 
Petroleum Reserve in Alaska final rule.
  In March of this year, Alaska's congressional delegation requested 
that

[[Page S7999]]

the Government Accountability Office, GAO, determine whether the 2022 
NPR-A IAP ROD constituted a ``rule'' under the Congressional Review 
Act, CRA. GAO issued its legal opinion in July, concluding that the 
2022 NPR-A IAP ROD is a rule under the Administrative Procedures Act 
and subject to the CRA and congressional disapproval, the action we are 
taking with S.J. Res. 80.
  Further, this Congress has already taken decisive steps to unlock the 
NPR-A. In the ``One Big Beautiful Bill Act,'' P.L. 119-21, Congress 
mandated lease sales to be offered under the same terms and conditions 
set forth in the 2020 IAP. Passage of S.J. Res. 80 would durably 
protect against another rogue administration promulgating a 
substantially similar anti-development management plan for the NPR-A as 
contained in the 2022 IAP ROD.
  In addition to the Trilateral, this resolution of disapproval is 
supported by the Alaska Support Industry Alliance, the Alaska Oil and 
Gas Association, the Resource Development Council for Alaska, Citizens 
for Responsible Energy Solutions, the American Exploration and 
Production Council, the National Federation of Independent Business, 
the American Petroleum Institute, Americans for Prosperity, the Alaska 
Chamber, as well as by the Trump administration.
  I ask unanimous consent to have printed in the Congressional Record a 
letter from the Resource Development Council for Alaska, dated October 
30, 2025, expressing strong support for S.J. Res. 80 and H.J. Res. 124.
  I urge my colleagues to reject unlawful regulatory overreach, 
reinforce American energy dominance, uphold Federal law, and listen to 
Alaska Native voices by supporting the Alaska congressional delegation 
and voting for this joint resolution of disapproval and rescinding this 
Record of Decision.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 Resource Development Council,

                              Anchorage, Alaska, October 30, 2025.
     Re Support for S.J. Res. 80/H.J. Res. 124.

     Hon. Senator Lisa Murkowski,
     Washington, DC.
     Hon. Congressman Nick Begich,
     Washington, DC.
     Hon. Senator Dan Sullivan,
     Washington, DC.
       Dear Senator Murkowski, Senator Sullivan, and Congressman 
     Begich: The Resource Development Council for Alaska (RDC) 
     writes in support of S.J. Res. 80 and H.J. Res. 124 to 
     disapprove the BLM's 2022 NPR-A Integrated Activity Plan 
     Record of Decision. RDC strongly supports these joint 
     resolutions and urges Congress's and the President's swift 
     action to reject this misguided and harmful pLanning 
     decision.
       RDC is a statewide, non-profit trade association founded in 
     1975. Our membership is comprised of individuals and 
     companies from Alaska's fishing, tourism, forestry, mining, 
     and oil and gas industries and includes Alaska Native 
     corporations, local communities, organized labor, and 
     industry support firms. RDC's purpose is to encourage a 
     strong, diversified private sector in Alaska and expand the 
     state's economic base through the responsible development of 
     our natural resources.
       The 23 million acres contained in the NPR-A were set aside 
     by the federal government in 1923, and directed by Congress 
     in the Naval Petroleum Reserves Act of 1976, specifically for 
     natural resource development, balanced with conservation, to 
     promote America's national security through energy resources, 
     and it is an asset to the State of Alaska. Responsible 
     development in the NPR-A supports our nation's energy 
     security, well-paying jobs and economic benefits for local 
     Alaska Native communities and the state as a whole. The 2022 
     BLM ROD improperly limits future oil and gas lease sales and 
     development to occur by creating a presumption against future 
     permitting. This is a bad policy that does not support Alaska 
     Native communities, organized labor, or our energy 
     independence.
       Given the outstanding track record of the oil and gas 
     industry in the Alaska Arctic, as well as the technological 
     advances of the past 40 years, RDC supports an IAP for NPR-A 
     that reopens all of NPR-A's subsurface historically available 
     to oil and gas leasing with reasonable and economically 
     feasible stipulations that do not discourage the development 
     and transport of energy resources.
       The 2022 BLM IAP ROD unnecessarily prohibits leasing and 
     development of potentially oil-rich lands in much of the NPR-
     A. This is a clear example of agency overreach and will only 
     discourage responsible resource development and America's 
     energy independence. As RDC has emphasized numerous times 
     before, the NPR-A is a petroleum reserve with a proven record 
     where surface resources and subsistence can be protected 
     without unduly restricting highly prospective areas to 
     leasing.
       Decades of oil and gas activity on the North Slope clearly 
     demonstrate industry can operate in the Arctic while 
     maintaining the highest standards of safety and environmental 
     sensitivity. New advances in technology have greatly reduced 
     the footprint of development, allowing for greater 
     consolidation of facilities and the preservation of more 
     acreage within development zones for wildlife habitat. For 
     example, as much as 60-plus square miles can now be developed 
     from a single 12 to 14 acre gravel drill site. New drilling 
     capabilities are being developed that may increase the 
     subsurface development possible from the same size drill site 
     to as much as 150-plus square miles. The net effect is an 
     everdecreasing impact on surface resources.
       The discovery and development of new oil and gas deposits 
     will benefit Alaska and local communities. State and local 
     revenues derived from production will help sustain important 
     services. New industry activity will also provide thousands 
     of job opportunities, boost the local, state, and national 
     economy, and help refill the Trans-Alaska Pipeline System 
     (TAPS). Development of new energy deposits will also reduce 
     reliance on imported oil and help maintain American energy 
     dominance.
       Given the NPR-A was specifically designated by Congress to 
     produce critical energy resources, it is important the BLM 
     continues to provide access to prospects with the highest 
     potential. That is why this SJR 80 and HJR 124 are so 
     critical to reverse the overreach of BLM's 2022 NPR-A IAP 
     record of decision.
       RDC is concerned with the alarming trend from the last 
     administration of ``locking up'' oil-rich lands in NPR-A and 
     providing for less leasing and less access. Much of the most 
     prospective acreage could be removed from leasing under the 
     2022 ROD, including those closest to potential future 
     production. To much protest and lack of adequate 
     consultation, the BLM's 2022 IAP record of decision for the 
     NPR-A did just this--locking up highly prospective areas and 
     layering surface protections prohibitive to leasing or 
     development.
       On a related note, attached to this letter of support is a 
     copy of RDC's comments to the 2023 BLM Proposed Rule for the 
     Management and Protection of the National Petroleum Reserve 
     in Alaska, 43 CFR Part 2360, RIN 1004-AE95, dated December 7, 
     2023. While this rule is currently under consideration for 
     rescission pursuant to Executive Order 14153 and Department 
     of Interior Secretarial Order 3422, related to ``Unleashing 
     Alaska's Extraordinary Resource Potential,'' (which RDC 
     fully supports) we hope these comments help you and your 
     staff with historical context for building support for 
     these CRA's to disapprove the BLM's 2022 NPR-A IAP record 
     of decision.


                               Conclusion

       RDC appreciates your leadership introducing S.J. Res. 80 
     and H.J. Res. 124 and moving forward with disapproval of the 
     BLM's 2022 NPR-A IPA Record of Decision. The 2022 ROD went 
     too far and does not properly follow the intent and purpose 
     for the NPR-A and mandated by Congress.
       A CRA disapproving the 2022 ROD for the NPR-A IAP will 
     ensure federal lands in Alaska are open for business and help 
     demonstrate energy dominance for the United States. The 
     ability to develop new energy deposits in NPR-A will benefit 
     Alaska, local communities, and the nation. Revenues derived 
     from new production will also help sustain important state 
     services. Industry activity will provide new job 
     opportunities for local residents and others while boosting 
     the economy. Increased access to NPR-A can be accommodated 
     without sacrificing the traditional ways of life, especially 
     the subsistence needs of Alaska residents in the Arctic. 
     Ensuring the NPR-A is open for future lease sales will 
     maintain America's energy dominance and reduce foreign 
     imports.
       Thank you for your leadership on this issue of vital 
     importance to Alaska's economic future.
           Sincerely,
                                                   Leila Kimbrell,
     Executive Director.
                                  ____



                                 Resource Development Council,

                              Anchorage, Alaska, December 7, 2023.
     Re BLM Proposed Rule for the Management and Protection of the 
         National Petroleum Reserve in Alaska, 43 CFR Part 2360, 
         RIN 1004-AE95.

     Department of Interior,
     Director, Bureau of Land Management,
     Washington, DC.
       Dear Director: The Resource Development Council for Alaska, 
     Inc. (RDC) submits the following comments to the Bureau of 
     Land Management's (BLM) proposed rule for the ``Management 
     and Protection of the National Petroleum Reserve in Alaska 
     (NPR-A)'' originally published on September 8, 2023 (FR 
     62025). This proposed rule reflects a sea change to 
     management of the NPR-A as it was originally intended. The 
     rule is unnecessary, overly burdensome, fails to comply with 
     current law. For the reasons that follow, at a minimum, this 
     proposed rule should not be adopted.
       Who We Are: The RDC is a statewide, not for profit, trade 
     association comprised of individuals and companies from 
     Alaska's fishing, tourism, forestry, mining, and oil and gas 
     industries. RDC's membership includes all the land-owning 
     Alaska Native regional corporations as well as village 
     corporations, local communities, including the North Slope 
     Borough, organized labor, and industry support firms. RDC's 
     purpose is to encourage

[[Page S8000]]

     a strong, diversified private sector in Alaska and expand the 
     state's economic base through the responsible development of 
     our natural resources. The industries RDC represents are 
     historically significant economic drivers for Alaska's 
     economy. Combined, these industries employ or support 
     employment for the majority of the more than 730,000 Alaskans 
     who call Alaska home. For more than 48 years, RDC has proud 
     history of balancing the need for a diverse economy with the 
     need for the responsible development of our natural 
     resources. The proposed rule threatens to reverse that.
       Comment Period Should Have Been Extended: The comment 
     period should be extended to allow for full participation of 
     all Alaskans, in particular, the communities of the North 
     Slope who are most impacted by this proposed rule. This 
     proposed rule was published on September 8, 2023, with an 
     original public comment period deadline of November 7, that 
     has since been extended twice to the current deadline of 
     December 7, 2023.
       Notwithstanding these extensions, more time is needed to 
     assess and analyze the substantive and technical changes 
     proposed by this rule. The agency should not be rushing this 
     process that has the effect of creating a presumption against 
     oil and gas development in the NPR-A. RDC is not suggesting 
     environmental standards and protections should be reduced for 
     the Special Areas designated within the NPR-A. However, this 
     is a major change to the long established management program 
     for the NPR-A that needs sufficient time to assess impacts.
       Further, it appears that the agency is trying to rush this 
     process through for its own political purposes, which is an 
     improper reason for fast-tracking such a major proposed rule. 
     It has been reported that a representative of the agency 
     stated during a public meeting that an extension of time was 
     not possible because the agency had to consider timing under 
     the Congressional Review Act (CRA). Using the CRA timeline to 
     avoid a possible reversal in the next congress is a political 
     maneuver that does not justify short circuiting the public 
     process.
       Failed Consultation: The proposed rule spends considerable 
     time pointing to the importance of subsistence and the needs 
     for Alaska's Native peoples and the North Slope communities 
     who rely on subsistence hunting and fishing to justify this 
     proposed rule. RDC does not dispute that subsistence is an 
     important and critical practice for all Alaskans, including 
     Alaska Native peoples and their communities. However, despite 
     this focus, the BLM ignores the needs of our Alaska Native 
     peoples during this rulemaking process. BLM published this 
     proposed rule during a critical subsistence period for the 
     communities on Alaska's North Slope: the fall whaling season. 
     RDC has been told that little to no consultation has occurred 
     between the Alaska Native entities of the North Slope, the 
     North Slope Borough, and other key stakeholders. What little 
     consultation or public meeting process did occur was hastily 
     convened with little to no opportunity for local communities 
     to receive timely notice.
       Although the proposed rule claims to comply with E.O. 
     13175, requiring consultatIon and coordination with Indian 
     Tribal Governments, including Alaska Native Tribes and ANCSA 
     Alaska Native Corporations, the record does not support that. 
     Sending one letter informing these stakeholders of a 
     rulemaking effort followed by a lack of adequate consultation 
     and doing so during an importance subsistence harvest period 
     without granting numerous extensions of time requests from 
     these same stakeholders fails to comply with the law and 
     department policy. The BLM Management should not fail in its 
     responsibility to consult with Alaska's federally recognized 
     Tribes and Alaska Native corporation. Meaningful consultation 
     is required by E.O. 13175 (November 6, 2000), POTUS Memo on 
     Tribal Consultation and Nation-to-Nation Building (January 
     26, 2021) and DOI 512 DM 4 (2015), and DOI 512 DM 5.
       The Proposed Rule Exceeds BLM Authority: This proposal 
     creates a new, burdensome, and time-consuming administrative 
     process for reviewing oil and gas related development 
     activities that are contrary to the needs and purposes of the 
     NPR-A. The proposed rule takes the instruction of maximizing 
     protection of Special Areas under the federal NPR-A Act 
     (NPRAA) to an extreme that is not warranted and fails to 
     balance the need for oil and gas development to occur for the 
     nation's energy security and independence. BLM potentially 
     exceeds its authority by incorporating the Integrated 
     Activity Plan of 2022 (IAP) into the NPR-A regulations when 
     the NPR-A is specifically exempt from the Federal Land 
     Management Planning Act (FLPMA) planning requirement. BLM 
     acknowledges this in the proposed rule but goes onto to say 
     that it ``nonetheless'' intends to do so. In another example, 
     BLM proposes to change the authority of officers making oil 
     and gas related decisions from what currently must be 
     exercised consistent with current law and after consultation 
     with federal, state, local agencies and Native organizations 
     to now ``regardless of any existing authority.'' Agencies 
     cannot simply grant themselves the power to make decisions 
     ``regardless of any existing authority;'' that is simply not 
     how our democratic process works. If anything, this proposed 
     change is less than clear and needs additional time for 
     review.
       Presumption Against Oil & Gas Development Violates the 
     NPRAA: The proposed rule specifically explains, under section 
     2361.10, that BLM will now have the authority to delay or 
     deny, without setting a timetable, on any activities it 
     determines will have significant adverse effects on surface 
     resources. This is overly broad and restrictive. Further, the 
     proposed rule states it will ``presume . . . that that oil 
     and gas leasing or infrastructure on lands allocated as 
     available for such activities `should NOT be permitted' . . 
     .'' (Emphasis added.) This directly contravenes the purpose 
     and intent for which the NPR-A was established. The NPRAA 
     directed DOI to be administered for domestic energy 
     production through an oil and gas leasing program. BLM cannot 
     create a presumption by rulemaking that it will not permit 
     activity directed by Congress.
       Further, the rule states it will not impact any current 
     leasing approvals or permitted activity. This is not true. 
     The proposed rule threatens harm to existing lease contracts 
     given its clear conflict with NPR-A's original purposes when 
     created in 1923 and as directed by Congress through the 
     NPRAA.
       Flawed Economic Assessment: The proposed rule summarily 
     concludes it will not have a significant economic effect on a 
     substantial number of small entities under the Regulatory 
     Flexibility Act and only affects businesses in the oil and 
     gas industry operating in the NPR-A. This is simply wrong.
       The DOI's analysis in support of the proposed rule did not 
     account for the significant economic benefits delivered to 
     local Alaska communities (including Alaska Native 
     organizations) from NPR-A development. Federal law mandates 
     that 50% of lease revenue from NPR-A projects go towards a 
     unique grant program that prioritizes improvement projects 
     that will deliver social and environmental justice benefits 
     to impacted communities, many of which are Alaska Native 
     communities. The economic analysis fails to consider the 
     impact of local communities losing these benefits. The 
     economic analysis also wholly fails to consider the social 
     implications of eliminating or dramatically restricting 
     future development in the NPR-A that would remove jobs and a 
     substantial portion of the tax base. Responsible development 
     on the NPR-A creates enormous economic benefits. The 
     economic analysis the DOI used ignores benefits like the 
     NPR-A Impact Mitigation Grant program. This grant program 
     creates a legal requirement for local communities to 
     receive generous revenues from projects. If project 
     development is slowed or halted by the new rule, Alaska 
     Native communities will lose enormous revenues for public 
     services, health facilities and educational resources--to 
     name a few impacted areas.
       Further, the proposed rule will stifle any future 
     development in currently approved areas of the NPR-A as 
     companies will be wary to invest into developments in areas 
     where the government can seemingly outlaw further development 
     without cause. This chilling effect will have a dramatic 
     economic impact.
       Alaska's North Slope (ANS) energy production and 
     infrastructure has had significant economic impact and 
     contribution to Alaska's economy and our nation's energy 
     security. In 2022, ANS produced an average of 482,000 bpd. 
     Since the Trans Alaska Pipeline Systems (TAPS) was created, 
     ANS has produced over 18.5 billion barrels of oil. In 2022, 
     this support 69,250 jobs in Alaska, or 16% of employment in 
     Alaska and accounting for $5.9 billion in wages, or 17% of 
     wages in Alaska. Alaska's oil and gas industry contributed 
     $4.5 billion in revenue to state and local governments, 
     comprising 47% of state revenue in 2022. Over time, since 
     statehood in 1959, the oil and gas industry has produced $274 
     billion in petroleum revenues to the State. This is a 
     significant economic impact that is threatened by this 
     proposed rule if implemented.
       Failed Unfunded Mandates Reform Act Assessment: Similarly, 
     the proposed rule concludes without explanation that it would 
     not have a significant or unique effect on State, local, or 
     Tribal governments. This is also simply false. Diminished oil 
     production from the NPR-A would result in diminished 
     production tax and ad valorem tax revenue for the State and 
     local governments in Alaska. This means less revenue for the 
     State of Alaska to provide services to all Alaskans. The 
     BLM's reasoning in this regard also likely violates its 
     conclusion that this does not have federalism implications 
     under E.O. 13132.
       The Proposed Rule is a Direct Threat to America's Energy 
     Security: The proposed rule concludes it will not adversely 
     affect our national energy security in contravention of E.O. 
     13211. In almost the same breath, the agency states the 
     proposed rule will ``presume . . . that that oil and gas 
     leasing or infrastructure on lands allocated as available for 
     such activities `should NOT be permitted'. . ..'' (Emphasis 
     added.) There is no way to explain the logic of this 
     assessment. A presumption against approving oil and gas 
     leasing absolutely equates to less development of oil and gas 
     energy resources.
       Analysis from the U.S. Geological Survey estimates there 
     are 8.7 billion barrels of undiscovered oil in the NPR-A, an 
     area set aside by the Federal government specifically for 
     petroleum development. By denying or dramatically restricting 
     development in the region, the Administration is denying 
     Alaskans--and all Americans--reliable, affordable energy, as 
     well as billions of dollars in revenues. We cannot afford to 
     further limit U.S. production which will only increase our 
     reliance on foreign nations, including adversarial nations, 
     amid rising geopolitical

[[Page S8001]]

     threats. At a time when oil prices are rising and global 
     supply can be easily constricted by foreign governments, 
     investing in domestic oil production is a matter of national 
     and energy security. During a time of high inflation across 
     the country, this misguided rule will almost certainly lead 
     to higher energy prices for working class families across 
     America. Restricting access to energy development limits 
     consumers' access to affordable, reliable energy.
       Furthermore, oil production on the North Slope and in the 
     NPR-A contributes to the Trans-Alaska Pipeline System (TAPS), 
     a vital piece of U.S. infrastructure. Oil produced in the 
     NPR-A will keep TAPS economically viable and capable of 
     providing oil to the rest of the United States and beyond. 
     Restricting future development of the NPR-A by creating a 
     presumption against permitting the uses for which the NPR-A 
     was specifically developed directly threatens our energy 
     security.
       Conclusion: As indicated above, this process is being fast-
     tracked, lacks transparency, possibly exceeds the agency's 
     legal authority, and lacks proper consultation as required by 
     department policy. At the very least, the complexity of the 
     new proposal warrants additional time for public review and 
     scrutiny and, importantly, meaningful consultation with the 
     Alaska Native tribal entities, corporations, and communities 
     most impacted by these decisions.
       Thank you for your consideration of these comments.
           Sincerely,
                                                   Leila Kimbrell,
     Executive Director.

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