[Federal Register Volume 91, Number 96 (Tuesday, May 19, 2026)]
[Notices]
[Pages 29155-29157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-10020]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[A2407-014-004-065516, #O2509-014-004-125222.0; LLMT: PO#4820002691]
Notice of Intent To Prepare an Environmental Impact Statement for
Production Site Development in the National Petroleum Reserve in Alaska
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of intent.
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SUMMARY: In accordance with the National Environmental Policy Act of
1969, as amended (NEPA), and the Naval Petroleum Reserves Production
Act of 1976, as amended (NPRPA), the Bureau of Land Management (BLM)
Alaska State Office intends to prepare an Environmental Impact
Statement (EIS) to evaluate the environmental effects of a rulemaking
that the BLM expects to initiate to streamline the authorization of the
construction and operation of qualifying production sites and
authorization of associated rights-of-way in the National Petroleum
Reserve in Alaska (NPR-A). The rulemaking will establish pre-defined
criteria for defined and repeatable common activities with similar
environmental effects that, when met by an applicant, will result in
streamlined permitting for qualifying production sites. By this notice,
the BLM announces the beginning of the scoping process to solicit
public comments and identify issues.
DATES: This notice initiates the public-scoping process for the EIS.
The BLM requests that the public submit comments concerning the scope
of the analysis, potential alternatives, and identification of relevant
information and studies by July 6, 2026. To afford the BLM the
opportunity to consider comments in the EIS, please ensure your
comments are received prior to the close of the 45-day scoping period.
ADDRESSES: You may submit comments related to the NPR-A Production Site
EIS by any of the following methods:
Website: http://eplanning.blm.gov (NEPA number: DOI-BLM-
AK-0000-2026-0012-EIS).
Email: [email protected].
Mail: BLM, Alaska State Office, Attention--NPR-A
Production Site EIS, 222 West 7th Avenue, #13, Anchorage, AK 99513-
7599.
Documents pertinent to this proposal may be examined online at
https://eplanning.blm.gov (NEPA Number: DOI-BLM-AK-0000-2026-0012-EIS)
and at the BLM Alaska State Office Public Information Center, 222 West
7th Avenue, #13, Anchorage, AK 99513-7599.
FOR FURTHER INFORMATION CONTACT: Serena Sweet at [email protected], 907-271-5960. 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-of-contact in the United States.
SUPPLEMENTARY INFORMATION: The NPR-A consists of approximately 23
million acres on the North Slope of Alaska, administered by the BLM.
Congress
[[Page 29156]]
established the primary statutory framework for the NPR-A through the
Naval Petroleum Reserves Production Act of 1976, Public Law 94-258, 42
U.S.C. 6501 et seq. (NPRPA), which transferred administrative
jurisdiction over the Petroleum Reserve from the Secretary of the Navy
to the Secretary of the Interior and redesignated it as the National
Petroleum Reserve in Alaska. Motivated in part by the 1968 discovery of
oil at Prudhoe Bay and rising energy prices following the 1973 oil
embargo, Congress enacted the NPRPA to accelerate exploration of an
area that at the time remained largely unexplored and almost completely
undeveloped. Congress recognized that assessing the oil and gas
potential of the NPR-A was vital to the national interest, while also
directing the Secretary to consider wildlife and other surface values
within the context that the area be managed primarily for oil and gas
activities. In 1980, Congress amended the NPRPA through the Department
of the Interior Appropriations Act for Fiscal Year 1981 to direct the
Secretary to conduct an expeditious program of competitive leasing of
oil and gas in the NPR-A, while providing for such conditions,
restrictions, and prohibitions as the Secretary deems appropriate to
mitigate reasonably foreseeable and significantly adverse effects on
the surface resources of the Reserve. That legislation also exempted
management of the NPR-A from FLPMA's land use planning and wilderness
review requirements, reflecting Congress's intent to dedicate
management of the area to the primary purpose of oil and gas leasing
and development, with access as a necessary component of that purpose.
The NPRPA is thus a dominant-use statute, and BLM is required to manage
the NPR-A primarily for oil and gas leasing, exploration, development,
and production, while retaining discretion to protect environmental,
fish and wildlife, and historical or scenic values within the Reserve
to the extent consistent with that overriding purpose.
While much of the Petroleum Reserve remains relatively undeveloped,
interest has steadily increased in recent decades based on technical
improvements and new discoveries. Greater Mooses Tooth 1 and 2, and the
Willow project, which is currently under construction, have all been
permitted in the past 15 years. It is expected that, over time,
development will proliferate incrementally from the oil and gas
infrastructure currently permitted within the Petroleum Reserve. Given
the remoteness of the area, seasonal restrictions on development, and
the high cost of development, development currently relies heavily on a
hub-based approach, with (like Willow, Alpine, Pikka, and other
historical North Slope developments) anchor fields hosting central
processing facilities and one or more connected sites hosting
production infrastructure.
Across Federal oil and gas provinces in the United States, the NPR-
A is unique in terms of statutory framework, stakeholders and
inhabitants, geography, geology, remoteness, climate, and types of
feasible development. This has generally contributed to a relatively
expansive project-by-project approach to NEPA compliance, with numerous
EISs and Environmental Assessments having been completed for individual
permitting actions. This piecemeal approach to permitting is not just
inefficient, it fails to provide private industry with a stable and
predictable regulatory framework for the BLM's permitting decisions in
the NPR-A. Predictability is especially important in the NPR-A, where
seasonal restrictions and severe weather can constrain when oil and gas
companies can pursue authorized construction and operations.
On May 12, 2026, the Alaska Oil and Gas Association (AOGA), on
behalf of its member companies, submitted to the Secretary of the
Interior, a ``Petition for Rulemaking to Create a Development Permit
Program in the National Petroleum Reserve in Alaska.'' (``Petition'').
The Petition (available at the ePlanning web address noted above)
requests that the BLM amend its regulations at 43 CFR part 3160 to
create a new program governing the authorization and construction of
production sites and the authorization of associated rights-of-way in
the NPR-A with regulatory modifications provided at Appendix A (the
``Requested Rule''). Per the Petition:
The intent of the Requested Rule is to create a uniform and
efficient permit approval process that sets and maintains appropriate
environmental protections and mitigation measures for production sites,
as well as the associated right-of-way for pipelines and access roads.
Projects under the proposed regulations would be limited to projects
that meet certain specifications common to existing production sites in
the NPR-A and adjacent lands. . . . . The project components of common
NPR-A production sites include gravel pads, gravel access roads,
pipelines, supporting facilities and ancillary infrastructure.
The BLM is giving this Petition prompt consideration. To achieve
greater efficiency and predictability in its permitting process, the
BLM expects to initiate a rulemaking proposing a rule that may reflect
the Requested Rule in the Petition, in whole or in part, to streamline
its review and approval process and avoid unnecessary, duplicative, and
burdensome project-by-project permitting procedures. The type of
production site development contemplated by the rulemaking and that
will be analyzed in this EIS has already been repeatedly and
extensively analyzed by the BLM in multiple plan or project-specific
EISs and decisions, including for Alpine Satellite Development Plan
(2004), Greater Mooses Tooth 1 development (2014), Greater Moose's
Tooth 2 development (2018), multiple iterations of the area-governing
Integrated Activity Plan, or IAP (latest 2020 EIS), and the Willow
Master Development Plan (2023). With this record to stand on and
historically high interest in development within the NPR-A, there is an
opportunity to reduce duplication in permitting analysis, enhance
regulatory certainty for future permitting actions in the area, and
streamline agency processes and timelines through a NEPA analysis, and
a rulemaking providing streamlined permitting procedures.
Taking an areawide approach to permitting certain defined and
repeatable types of infrastructure is not new. It is envisioned and
encouraged by the NEPA, supported by the Department of the Interior
NEPA Handbook, and has long been relied upon as a means of reducing and
eliminating unnecessary and duplicative NEPA analyses.
Purpose and Need for the Proposed Action
The purpose of the proposed action is to streamline permitting
procedures for the authorization of the construction and operation of
qualifying production sites in the NPR-A, which include infrastructure
necessary to allow the production and transportation to market of
Federal oil and gas resources in the NPR-A. Additionally, the BLM is
preparing the EIS in response to AOGA's May 12, 2026, petition for
rulemaking described above. The need for Federal action (i.e., issuance
of authorizations) is established by BLM's responsibilities under
various Federal statutes, including the NPRPA (as amended) and the
Federal Land Policy and Management Act as well as various Federal
responsibilities of cooperating agencies under other statutes,
including the Clean Water Act (CWA). Under the NPRPA, BLM is required
to conduct an expeditious program of competitive oil and gas leasing
and development in the NPR-A (42 U.S.C. 6506a). BLM is required to
respond to future
[[Page 29157]]
leaseholder requests for authorizations for production sites and
related authorizations in order to develop and produce petroleum in the
NPR-A. The analysis in the EIS will inform and support the
establishment of a streamlined framework, codified in regulation via a
companion rulemaking process, for permitting this infrastructure when
it is similar to existing infrastructure in the area, and is
demonstrated by the applicant to meet a certain set of pre-defined
criteria.
The Proposed Action also advances U.S. energy policy and U.S.
policy for resource development in Alaska. As set forth in E.O. 14154,
Unleashing American Energy (Jan. 20, 2025), the Department of the
Interior and other agencies must ``undertake all available efforts to
eliminate delays within their respective permitting processes,
including through, but not limited to, the use of general permitting
and permit by rule.'' As explained in E.O. 14153, Unleashing Alaska's
Extraordinary Resource Potential (Jan. 20, 2025), it is the policy of
the United States to ``efficiently and effectively maximize the
development and production of the natural resources located on both
Federal and State lands within Alaska'' and ``expedite the permitting
and leasing of energy and natural resources projects in Alaska.''
Preliminary Proposed Action and Alternatives
The Proposed Action is a rulemaking to amend the regulations at 43
CFR part 3160 to establish a criteria-based framework for streamlined
permitting of the construction and operation of qualifying production
sites and associated infrastructure in the NPR-A, authorized under the
NPRPA. The rulemaking will establish pre-defined criteria that, when
met by an applicant, will result in streamlined permitting for
qualifying production sites. The expected production, associated
infrastructure and required resources to construct and operate these
production sites would be consistent with the development scenarios of
the hypothetical reasonably foreseeable development scenarios analyzed
in the 2020 IAP EIS.
The EIS may also consider additional alternatives to ensure
compliance with FLPMA, the NPRPA, and other applicable Federal law,
which could include such criteria as varying numbers of production
sites, evaluating production sites clustered in various areas of the
NPR-A, and additional monitoring and enforcement provisions.
The BLM welcomes comments on all preliminary alternatives as well
as suggestions for additional alternatives.
Summary of Expected Impacts
The EIS will evaluate potential environmental effects of the
proposed rulemaking and alternatives, including the construction and
operation of qualifying production sites and associated infrastructure,
and the reasonably foreseeable effects on resources and issues such as:
subsistence resources and uses; wildlife and habitat, including
caribou, polar bear, migratory birds, and fish; surface water,
wetlands, and permafrost; air quality; noise; cultural and historic
resources; visual resources, and socioeconomic conditions.
Schedule for the Decision-Making Process
The BLM may provide an additional opportunity for public
participation during the NEPA process in conjunction with the
rulemaking. The Final EIS and Record of Decision are anticipated to
accompany the final rule late in 2026 or early in 2027.
Public Scoping Process
This notice of intent initiates the scoping period. The specific
date(s) and location(s) of any scoping meetings will be announced in
advance through the project website page at https://eplanning.blm.gov
(NEPA Number: DOI-BLM-AK-0000-2026-0012-EIS).
Nature of Decision To Be Made
The objective of this analysis is to support a rulemaking process
to amend the BLM regulations at 43 CFR part 3160, which, if adopted,
will promote the orderly and efficient use of Federal lands in the NPR-
A for oil and gas production, subject to conditions and restrictions
that mitigate adverse effects on surface resources and subsistence
activities.
Additional Information
The BLM will utilize and coordinate the NEPA process to help
support compliance with applicable requirements under the Endangered
Species Act (16 U.S.C. 1536), Section 810 of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3120), and Section 106 of
the National Historic Preservation Act (54 U.S.C. 306108) as provided
in 36 CFR 800.2(d)(3), including public involvement requirements of
Section 106. The information about historic and cultural resources and
threatened and endangered species within the area potentially affected
by the proposed project will assist the BLM in identifying and
evaluating impacts to such resources.
The BLM will consult with Alaska Native Tribes and Alaska Native
Corporations in accordance with Executive Order 13175, BLM Manual
Section 1780, and other Departmental policies. Tribal concerns,
including impacts on Indian trust assets and potential impacts to
cultural resources, will be given due consideration. Federal, State,
and local agencies, along with Alaska Native Tribes and other
stakeholders that may be interested in or affected by the proposed
action that the BLM is evaluating, are invited to participate in the
scoping process and, if eligible, may request or be requested by the
BLM to participate in the development of the environmental analysis as
a cooperating agency.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware 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 your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
(Authority: Naval Petroleum Reserves Production Act of 1976, as
amended, 42 U.S.C. 6501 et seq.; Federal Land Policy and Management
Act of 1976, as amended, 43 U.S.C. 1701 et seq.; National
Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et
seq.)
Kevin J. Pendergast,
State Director, Alaska.
[FR Doc. 2026-10020 Filed 5-18-26; 8:45 am]
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