[Weekly Compilation of Presidential Documents Volume 45, Number 2 (Monday, January 19, 2009)]
[Pages 47-54]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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

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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;
 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. <SUP>1</SUP> 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.
    <SUP>1</SUP> These 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

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            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;
     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

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            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 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

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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 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 of State, 
Defense, Transportation, Commerce, and Homeland Security, in 
coordination with heads of other relevant executive departments and 
agencies, shall:

[[Page 52]]

 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 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

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            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 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

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            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.