    [Public Papers of the Presidents of the United States: George W. Bush (2008, Book II)]
    [January 9, 2009]
    [Pages 1545-1552]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Directive on Arctic Region Policy
    January 9, 2009

     National Security Presidential Directive/NSPD-66
     Homeland Security Presidential Directive/HSPD-25

    Memorandum for the Vice President; the Secretary of State; the Secretary
    of the Treasury; the Secretary of Defense; the Attorney General; the
    Secretary of the Interior; the Secretary of Commerce; the Secretary of
    Health and Human Services; the Secretary of Transportation; the
    Secretary of Energy; the Secretary of Homeland Security; Chief of Staff;
    Administrator of the Environmental Protection Agency; Director of the
    Office of Management and Budget; Director of National Intelligence;
    Assistant to the President for National Security Affairs; Counsel to the
    President; Deputy National Security Advisor for International Economic
    Affairs; Assistant to the President for Homeland Security and
    Counterterrorism; Chairman of the Council on Environmental Quality;
    Director of the Office of Science and Technology Policy; Chairman of the
    Joint Chiefs of Staff; Commandant of the U.S. Coast Guard; and Director
    of the National Science Foundation

    Subject: Arctic Region Policy

    I. Purpose

        A. This directive establishes the policy of the United States with
    respect to the Arctic region and directs related implementation actions.
    This directive supersedes Presidential Decision Directive/NSC-26 (PDD-
    26; issued 1994) with respect to Arctic policy but not Antarctic policy;
    PDD-26 remains in effect for Antarctic policy only.
        B. This directive shall be implemented in a manner consistent with
    the Constitution and laws of the United States, with the obligations of
    the United States under the treaties and other international agreements
    to which the United States is a party, and with customary international
    law as recognized by the United States, including with respect to the
    law of the sea.

    II. Background

        A. The United States is an Arctic nation, with varied and compelling
    interests in that region. This directive takes into account several
    developments, including, among others:
            1.   Altered national policies on homeland security and defense;
            2.   The effects of climate change and increasing human activity
                in the Arctic region;
            3.   The establishment and ongoing work of the Arctic Council;
                and
            4.   A growing awareness that the Arctic region is both fragile
                and rich in resources.

    III. Policy

        A. It is the policy of the United States to:
            1.   Meet national security and homeland security needs relevant
                to the Arctic region;
            2.   Protect the Arctic environment and conserve its biological
                resources;

    [[Page 1546]]

            3.   Ensure that natural resource management and economic
                development in the region are environmentally sustainable;
            4.   Strengthen institutions for cooperation among the eight
                Arctic nations (the United States, Canada, Denmark, Finland,
                Iceland, Norway, the Russian Federation, and Sweden);
            5.   Involve the Arctic's indigenous communities in decisions
                that affect them; and
            6.   Enhance scientific monitoring and research into local,
                regional, and global environmental issues.
        B. National Security and Homeland Security Interests in the Artic
            1.   The United States has broad and fundamental national
                security interests in the Arctic region and is prepared to
                operate either independently or in conjunction with other
                states to safeguard these interests. These interests include
                such matters as missile defense and early warning;
                deployment of sea and air systems for strategic sealift,
                strategic deterrence, maritime presence, and maritime
                security operations; and ensuring freedom of navigation and
                overflight.
            2.   The United States also has fundamental homeland security
                interests in preventing terrorist attacks and mitigating
                those criminal or hostile acts that could increase the
                United States vulnerability to terrorism in the Arctic
                region.
            3.   The Arctic region is primarily a maritime domain; as such,
                existing policies and authorities relating to maritime areas
                continue to apply, including those relating to law
                enforcement.1 Human activity in the Arctic region
                is increasing and is projected to increase further in coming
                years. This requires the United States to assert a more
                active and influential national presence to protect its
                Arctic interests and to project sea power throughout the
                region.
    ---------------------------------------------------------------------------
        1These policies and authorities include Freedom of
    Navigation (PDD/NSC-32), the U.S. Policy on Protecting the Ocean
    Environment (PDD/NSC-36), Maritime Security Policy (NSPD-41/HSPD-13),
    and the National Strategy for Maritime Security (NSMS).
    ---------------------------------------------------------------------------
            4.   The United States exercises authority in accordance with
                lawful claims of United States sovereignty, sovereign
                rights, and jurisdiction in the Arctic region, including
                sovereignty within the territorial sea, sovereign rights and
                jurisdiction within the United States exclusive economic
                zone and on the continental shelf, and appropriate control
                in the United States contiguous zone.
            5.   Freedom of the seas is a top national priority. The
                Northwest Passage is a strait used for international
                navigation, and the Northern Sea Route includes straits used
                for international navigation; the regime of transit passage
                applies to passage through those straits. Preserving the
                rights and duties relating to navigation and overflight in
                the Arctic region supports our ability to exercise these
                rights throughout the world, including through strategic
                straits.
            6.   Implementation: In carrying out this policy as it relates
                to national security and homeland security interests in the
                Arctic, the Secretaries of State, Defense, and Homeland
                Security, in coordination with heads of other relevant
                executive departments and agencies, shall:
         a. Develop greater capabilities and capacity, as necessary, to
            protect United States air, land, and sea borders in the Arctic
            region;
         b. Increase Arctic maritime domain awareness in order to protect
            maritime commerce, critical infrastructure, and key resources;

    [[Page 1547]]

         c. Preserve the global mobility of United States military and
            civilian vessels and aircraft throughout the Arctic region;
         d. Project a sovereign United States maritime presence in the
            Arctic in support of essential United States interests; and
         e. Encourage the peaceful resolution of disputes in the Arctic
            region.
        C. International Governance
        1. The United States participates in a variety of fora,
    international organizations, and bilateral contacts that promote United
    States interests in the Arctic. These include the Arctic Council, the
    International Maritime Organization (IMO), wildlife conservation and
    management agreements, and many other mechanisms. As the Arctic changes
    and human activity in the region increases, the United States and other
    governments should consider, as appropriate, new international
    arrangements or enhancements to existing arrangements.
        2. The Arctic Council has produced positive results for the United
    States by working within its limited mandate of environmental protection
    and sustainable development. Its subsidiary bodies, with help from many
    United States agencies, have developed and undertaken projects on a wide
    range of topics. The Council also provides a beneficial venue for
    interaction with indigenous groups. It is the position of the United
    States that the Arctic Council should remain a high-level forum devoted
    to issues within its current mandate and not be transformed into a
    formal international organization, particularly one with assessed
    contributions. The United States is nevertheless open to updating the
    structure of the Council, including consolidation of, or making
    operational changes to, its subsidiary bodies, to the extent such
    changes can clearly improve the Council's work and are consistent with
    the general mandate of the Council.
        3. The geopolitical circumstances of the Arctic region differ
    sufficiently from those of the Antarctic region such that an ``Arctic
    Treaty'' of broad scope--along the lines of the Antarctic Treaty--is not
    appropriate or necessary.
        4. The Senate should act favorably on U.S. accession to the U.N.
    Convention on the Law of the Sea promptly, to protect and advance U.S.
    interests, including with respect to the Arctic. Joining will serve the
    national security interests of the United States, including the maritime
    mobility of our Armed Forces worldwide. It will secure U.S. sovereign
    rights over extensive marine areas, including the valuable natural
    resources they contain. Accession will promote U.S. interests in the
    environmental health of the oceans. And it will give the United States a
    seat at the table when the rights that are vital to our interests are
    debated and interpreted.
        5. Implementation: In carrying out this policy as it relates to
    international governance, the Secretary of State, in coordination with
    heads of other relevant executive departments and agencies, shall:
            a.   Continue to cooperate with other countries on Arctic issues
                through the United Nations (U.N.) and its specialized
                agencies, as well as through treaties such as the U.N.
                Framework Convention on Climate Change, the Convention on
                International Trade in Endangered Species of Wild Fauna and
                Flora, the Convention on Long Range Transboundary Air
                Pollution and its protocols, and the Montreal Protocol on
                Substances that Deplete the Ozone Layer;
            b.   Consider, as appropriate, new or enhanced international
                arrangements for the Arctic to address issues likely to
                arise from expected increases in human activity in that
                region, including shipping, local development and
                subsistence, exploitation of living marine resources,
                development of energy and other resources, and tourism;
            c.   Review Arctic Council policy recommendations developed
                within the

    [[Page 1548]]

                ambit of the Council's scientific reviews and ensure the
                policy recommendations are subject to review by Arctic
                governments; and
            d.   Continue to seek advice and consent of the United States
                Senate to accede to the 1982 Law of the Sea Convention.
        D. Extended Continental Shelf and Boundary Issues
        1. Defining with certainty the area of the Arctic seabed and subsoil
    in which the United States may exercise its sovereign rights over
    natural resources such as oil, natural gas, methane hydrates, minerals,
    and living marine species is critical to our national interests in
    energy security, resource management, and environmental protection. The
    most effective way to achieve international recognition and legal
    certainty for our extended continental shelf is through the procedure
    available to States Parties to the U.N. Convention on the Law of the
    Sea.
        2. The United States and Canada have an unresolved boundary in the
    Beaufort Sea. United States policy recognizes a boundary in this area
    based on equidistance. The United States recognizes that the boundary
    area may contain oil, natural gas, and other resources.
        3. The United States and Russia are abiding by the terms of a
    maritime boundary treaty concluded in 1990, pending its entry into
    force. The United States is prepared to enter the agreement into force
    once ratified by the Russian Federation.
        4. Implementation: In carrying out this policy as it relates to
    extended continental shelf and boundary issues, the Secretary of State,
    in coordination with heads of other relevant executive departments and
    agencies, shall:
            a.   Take all actions necessary to establish the outer limit of
                the continental shelf appertaining to the United States, in
                the Arctic and in other regions, to the fullest extent
                permitted under international law;
            b.   Consider the conservation and management of natural
                resources during the process of delimiting the extended
                continental shelf; and
            c.   Continue to urge the Russian Federation to ratify the 1990
                United States-Russia maritime boundary agreement.
        E. Promoting International Scientific Cooperation
        1. Scientific research is vital for the promotion of United States
    interests in the Arctic region. Successful conduct of U.S. research in
    the Arctic region requires access throughout the Arctic Ocean and to
    terrestrial sites, as well as viable international mechanisms for
    sharing access to research platforms and timely exchange of samples,
    data, and analyses. Better coordination with the Russian Federation,
    facilitating access to its domain, is particularly important.
        2. The United States promotes the sharing of Arctic research
    platforms with other countries in support of collaborative research that
    advances fundamental understanding of the Arctic region in general and
    potential Arctic change in particular. This could include collaboration
    with bodies such as the Nordic Council and the European Polar
    Consortium, as well as with individual nations.
        3. Accurate prediction of future environmental and climate change on
    a regional basis, and the delivery of near real-time information to end-
    users, requires obtaining, analyzing, and disseminating accurate data
    from the entire Arctic region, including both paleoclimatic data and
    observational data. The United States has made significant investments
    in the infrastructure needed to collect environmental data in the Arctic
    region, including the establishment of portions of an Arctic circumpolar
    observing network through a partnership among United States agencies,
    academic collaborators, and Arctic residents. The United States promotes
    active involvement of all Arctic nations in these efforts in order to
    advance scientific understanding that could

    [[Page 1549]]

    provide the basis for assessing future impacts and proposed response
    strategies.
        4. United States platforms capable of supporting forefront research
    in the Arctic Ocean, including portions expected to be ice-covered for
    the foreseeable future, as well as seasonally ice-free regions, should
    work with those of other nations through the establishment of an Arctic
    circumpolar observing network. All Arctic nations are members of the
    Group on Earth Observations partnership, which provides a framework for
    organizing an international approach to environmental observations in
    the region. In addition, the United States recognizes that academic and
    research institutions are vital partners in promoting and conducting
    Arctic research.
        5. Implementation: In carrying out this policy as it relates to
    promoting scientific international cooperation, the Secretaries of
    State, the Interior, and Commerce and the Director of the National
    Science Foundation, in coordination with heads of other relevant
    executive departments and agencies, shall:
            a.   Continue to play a leadership role in research throughout
                the Arctic region;
            b.   Actively promote full and appropriate access by scientists
                to Arctic research sites through bilateral and multilateral
                measures and by other means;
            c.   Lead the effort to establish an effective Arctic
                circumpolar observing network with broad partnership from
                other relevant nations;
            d.   Promote regular meetings of Arctic science ministers or
                research council heads to share information concerning
                scientific research opportunities and to improve
                coordination of international Arctic research programs;
            e.   Work with the Interagency Arctic Research Policy Committee
                (IARPC) to promote research that is strategically linked to
                U.S. policies articulated in this directive, with input from
                the Arctic Research Commission; and
            f.   Strengthen partnerships with academic and research
                institutions and build upon the relationships these
                institutions have with their counterparts in other nations.
        F. Maritime Transportation in the Arctic Region
        1. The United States priorities for maritime transportation in the
    Arctic region are:
            a.   To facilitate safe, secure, and reliable navigation;
            b.   To protect maritime commerce; and
            c.   To protect the environment.
        2. Safe, secure, and environmentally sound maritime commerce in the
    Arctic region depends on infrastructure to support shipping activity,
    search and rescue capabilities, short- and long-range aids to
    navigation, high-risk area vessel-traffic management, iceberg warnings
    and other sea ice information, effective shipping standards, and
    measures to protect the marine environment. In addition, effective
    search and rescue in the Arctic will require local, State, Federal,
    tribal, commercial, volunteer, scientific, and multinational
    cooperation.
        3. Working through the International Maritime Organization (IMO),
    the United States promotes strengthening existing measures and, as
    necessary, developing new measures to improve the safety and security of
    maritime transportation, as well as to protect the marine environment in
    the Arctic region. These measures may include ship routing and reporting
    systems, such as traffic separation and vessel traffic management
    schemes in Arctic chokepoints; updating and strengthening of the
    Guidelines for Ships Operating in Arctic Ice-Covered Waters; underwater
    noise standards for commercial shipping; a review of shipping insurance
    issues; oil and other hazardous material pollution response agreements;
    and environmental standards.
        4. Implementation: In carrying out this policy as it relates to
    maritime transportation in the Arctic region, the Secretaries

    [[Page 1550]]

    of State, Defense, Transportation, Commerce, and Homeland Security, in
    coordination with heads of other relevant executive departments and
    agencies, shall:
            a.   Develop additional measures, in cooperation with other
                nations, to address issues that are likely to arise from
                expected increases in shipping into, out of, and through the
                Arctic region;
            b.   Commensurate with the level of human activity in the
                region, establish a risk-based capability to address hazards
                in the Arctic environment. Such efforts shall advance work
                on pollution prevention and response standards; determine
                basing and logistics support requirements, including
                necessary airlift and icebreaking capabilities; and improve
                plans and cooperative agreements for search and rescue;
            c.   Develop Arctic waterways management regimes in accordance
                with accepted international standards, including vessel
                traffic-monitoring and routing; safe navigation standards;
                accurate and standardized charts; and accurate and timely
                environmental and navigational information; and
            d.   Evaluate the feasibility of using access through the Arctic
                for strategic sealift and humanitarian aid and disaster
                relief.
        G. Economic Issues, Including Energy
        1. Sustainable development in the Arctic region poses particular
    challenges. Stakeholder input will inform key decisions as the United
    States seeks to promote economic and energy security. Climate change and
    other factors are significantly affecting the lives of Arctic
    inhabitants, particularly indigenous communities. The United States
    affirms the importance to Arctic communities of adapting to climate
    change, given their particular vulnerabilities.
        2. Energy development in the Arctic region will play an important
    role in meeting growing global energy demand as the area is thought to
    contain a substantial portion of the world's undiscovered energy
    resources. The United States seeks to ensure that energy development
    throughout the Arctic occurs in an environmentally sound manner, taking
    into account the interests of indigenous and local communities, as well
    as open and transparent market principles. The United States seeks to
    balance access to, and development of, energy and other natural
    resources with the protection of the Arctic environment by ensuring that
    continental shelf resources are managed in a responsible manner and by
    continuing to work closely with other Arctic nations.
        3. The United States recognizes the value and effectiveness of
    existing fora, such as the Arctic Council, the International Regulators
    Forum, and the International Standards Organization.
        4. Implementation: In carrying out this policy as it relates to
    economic issues, including energy, the Secretaries of State, the
    Interior, Commerce, and Energy, in coordination with heads of other
    relevant executive departments and agencies, shall:
            a.   Seek to increase efforts, including those in the Arctic
                Council, to study changing climate conditions, with a view
                to preserving and enhancing economic opportunity in the
                Arctic region. Such efforts shall include inventories and
                assessments of villages, indigenous communities, subsistence
                opportunities, public facilities, infrastructure, oil and
                gas development projects, alternative energy development
                opportunities, forestry, cultural and other sites, living
                marine resources, and other elements of the Arctic's
                socioeconomic composition;
            b.   Work with other Arctic nations to ensure that hydrocarbon
                and other development in the Arctic region is carried out in
                accordance with accepted best practices and internationally
                recognized standards and the 2006

    [[Page 1551]]

                Group of Eight (G-8) Global Energy Security Principles;
            c.   Consult with other Arctic nations to discuss issues related
                to exploration, production, environmental and socioeconomic
                impacts, including drilling conduct, facility sharing, the
                sharing of environmental data, impact assessments,
                compatible monitoring programs, and reservoir management in
                areas with potentially shared resources;
            d.   Protect United States interests with respect to hydrocarbon
                reservoirs that may overlap boundaries to mitigate adverse
                environmental and economic consequences related to their
                development;
            e.   Identify opportunities for international cooperation on
                methane hydrate issues, North Slope hydrology, and other
                matters;
            f.   Explore whether there is a need for additional fora for
                informing decisions on hydrocarbon leasing, exploration,
                development, production, and transportation, as well as
                shared support activities, including infrastructure
                projects; and
            g.   Continue to emphasize cooperative mechanisms with nations
                operating in the region to address shared concerns,
                recognizing that most known Arctic oil and gas resources are
                located outside of United States jurisdiction.
        H. Environmental Protection and Conservation of Natural Resources
        1. The Arctic environment is unique and changing. Increased human
    activity is expected to bring additional stressors to the Arctic
    environment, with potentially serious consequences for Arctic
    communities and ecosystems.
        2. Despite a growing body of research, the Arctic environment
    remains poorly understood. Sea ice and glaciers are in retreat.
    Permafrost is thawing and coasts are eroding. Pollutants from within and
    outside the Arctic are contaminating the region. Basic data are lacking
    in many fields. High levels of uncertainty remain concerning the effects
    of climate change and increased human activity in the Arctic. Given the
    need for decisions to be based on sound scientific and socioeconomic
    information, Arctic environmental research, monitoring, and
    vulnerability assessments are top priorities. For example, an
    understanding of the probable consequences of global climate variability
    and change on Arctic ecosystems is essential to guide the effective
    long-term management of Arctic natural resources and to address
    socioeconomic impacts of changing patterns in the use of natural
    resources.
        3. Taking into account the limitations in existing data, United
    States efforts to protect the Arctic environment and to conserve its
    natural resources must be risk-based and proceed on the basis of the
    best available information.
        4. The United States supports the application in the Arctic region
    of the general principles of international fisheries management outlined
    in the 1995 Agreement for the Implementation of the Provisions of the
    United Nations Convention on the Law of the Sea of December 10, 1982,
    relating to the Conservation and Management of Straddling Fish Stocks
    and Highly Migratory Fish Stocks and similar instruments. The United
    States endorses the protection of vulnerable marine ecosystems in the
    Arctic from destructive fishing practices and seeks to ensure an
    adequate enforcement presence to safeguard Arctic living marine
    resources.
        5. With temperature increases in the Arctic region, contaminants
    currently locked in the ice and soils will be released into the air,
    water, and land. This trend, along with increased human activity within
    and below the Arctic, will result in increased introduction of
    contaminants into the Arctic, including both persistent pollutants
    (e.g., persistent organic pollutants and

    [[Page 1552]]

    mercury) and airborne pollutants (e.g., soot).
        6. Implementation: In carrying out this policy as it relates to
    environmental protection and conservation of natural resources, the
    Secretaries of State, the Interior, Commerce, and Homeland Security and
    the Administrator of the Environmental Protection Agency, in
    coordination with heads of other relevant executive departments and
    agencies, shall:
            a.   In cooperation with other nations, respond effectively to
                increased pollutants and other environmental challenges;
            b.   Continue to identify ways to conserve, protect, and
                sustainably manage Arctic species and ensure adequate
                enforcement presence to safeguard living marine resources,
                taking account of the changing ranges or distribution of
                some species in the Arctic. For species whose range includes
                areas both within and beyond United States jurisdiction, the
                United States shall continue to collaborate with other
                governments to ensure effective conservation and management;
            c.   Seek to develop ways to address changing and expanding
                commercial fisheries in the Arctic, including through
                consideration of international agreements or organizations
                to govern future Arctic fisheries;
            d.   Pursue marine ecosystem-based management in the Arctic; and
            e.   Intensify efforts to develop scientific information on the
                adverse effects of pollutants on human health and the
                environment and work with other nations to reduce the
                introduction of key pollutants into the Arctic.

    IV. Resources and Assets

        A. Implementing a number of the policy elements directed above will
    require appropriate resources and assets. These elements shall be
    implemented consistent with applicable law and authorities of agencies,
    or heads of agencies, vested by law, and subject to the availability of
    appropriations. The heads of executive departments and agencies with
    responsibilities relating to the Arctic region shall work to identify
    future budget, administrative, personnel, or legislative proposal
    requirements to implement the elements of this directive.

                                                              George W. Bush

    Note: This directive was released by the Office of the Press Secretary
    on January 12.