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December 27, 2021
Arctic National Wildlife Refuge: Status of Oil and Gas Program
The Arctic National Wildlife Refuge (ANWR or the
“to provide for an oil and gas program on the Coastal
Refuge) comprises 19 million acres in northeast Alaska,
Plain.” The law requires at least two lease sales in the
administered primarily by the Fish and Wildlife Service
Coastal Plain, one within four years of the law’s enactment
(FWS) in the Department of the Interior. ANWR’s Coastal
(i.e., by December 2021) and a second within seven years
Plain—a 1.57-million-acre area in the northern part of the
of enactment (December 2024). Each lease sale must offer
Refuge (Figure 1)—is viewed as an onshore oil prospect,
at least 400,000 acres and must include those areas with the
with a mean estimate by the U.S. Geological Survey of
highest potential for discovery of hydrocarbons. The law
7.7 billion barrels of technically recoverable oil on federal
also has provisions concerning management of the oil and
lands (10.4 billion barrels including Alaska Native lands
gas program, minimum royalty rates for ANWR leases,
and adjacent waters). The Refuge also is a center of activity
disposition of revenues from the program, rights-of-way,
for caribou and other wildlife, with subsistence use by
and surface development. (For more information, see CRS
Alaska Natives and critical habitat for polar bears under the
In Focus IF10782, Arctic National Wildlife Refuge (ANWR)
Endangered Species Act (ESA; 16 U.S.C. §§1531-1544).
Provisions in P.L. 115-97, Tax Cuts and Jobs Act.)
P.L. 115-97 established a program for oil and gas leasing in
During BLM’s implementation of the ANWR oil and gas
ANWR’s Coastal Plain. The law’s 2017 enactment marked
program, Congress has continued to debate leasing in the
a turning point in decades of congressional debate over
Refuge. Some Members support the program established in
energy development in the Refuge. Prior to enactment of
P.L. 115-97, and others seek to repeal it.
the law, Section 1003 of the Alaska National Interest Lands
Conservation Act of 1980 (ANILCA; P.L. 96-487) had
January 2021 Lease Sale
prohibited oil and gas development in ANWR unless such
On January 6, 2021, under the Trump Administration, BLM
activities were explicitly authorized by an act of Congress.
held the first oil and gas lease sale for the ANWR Coastal
Section 20001 of P.L. 115-97 directed the Secretary of the
Plain, offering 22 tracts on 1.1 million acres. The sale
Interior, acting through the Bureau of Land Management
yielded a total of $14.4 million in high bids on 11 tracts.
(BLM), to establish and administer a competitive program
BLM subsequently issued leases for nine of the tracts,
for the leasing, development, production, and transportation
covering 437,804 total acres. Most leases went to the
of oil and gas in and from ANWR’s Coastal Plain. The law
Alaska Industrial Development and Export Authority
amended ANILCA to add a new purpose for the Refuge:
(AIDEA), a state-established public corporation.
Figure 1. Arctic National Wildlife Refuge
Source: FWS, Arctic National Wildlife Refuge Comprehensive Conservation Plan, April 2015, https://www.fws.gov/home/arctic-ccp/. Edited by CRS.
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Arctic National Wildlife Refuge: Status of Oil and Gas Program
Temporary Moratorium
ANWR Coastal Plain. Broader questions about U.S. energy
On January 20, 2021, President Biden issued Executive
and climate also have shaped the debate. Supporters of oil
Order 13990. Among other provisions, the order directed
and gas leasing assert that development of the Coastal Plain
the Secretary of the Interior to “place a temporary
would increase American energy security and substitute
moratorium on all activities of the Federal Government
U.S.-produced energy for imports developed with fewer
relating to the implementation of the Coastal Plain Oil and
environmental safeguards than apply to the Refuge.
Gas Leasing Program” and to conduct a “new,
Supporters also point to potential economic benefits for the
comprehensive analysis” of the potential environmental
Refuge’s Alaska Native communities and for the state of
impacts of the program in a manner consistent with
Alaska generally. Opponents contend that ANWR leasing
applicable law. Pursuant to the executive order, Secretary of
would irremediably damage wildlife habitat and Alaska
the Interior Deb Haaland issued Secretarial Order 3401 on
Native subsistence uses and, more broadly, that it represents
June 1, 2021, directing a “temporary halt on all Department
a long-term investment in fossil fuels that would slow
activities” related to the ANWR leasing program, as well as
efforts to address climate change.
a “new, comprehensive analysis of the potential
environmental impacts of the Program.” On August 4,
In the 117th Congress, budget reconciliation legislation—
2021, BLM published in the Federal Register a notice of its
House-passed H.R. 5376—would repeal the ANWR leasing
intent to prepare a supplemental environmental impact
program, cancel the awarded leases, and return all related
statement on the ANWR oil and gas program.
payments to the lessees. Other bills (H.R. 815 and S. 282)
would repeal the program and designate the Coastal Plain
In accordance with these directives, in June 2021, BLM
as part of the National Wilderness Preservation System
issued suspensions of operations and production on the
under the Wilderness Act (16 U.S.C. §§1131 et seq.). Still
awarded leases, temporarily prohibiting exploration and
other legislation (H.R. 1726) would promote oil and gas
development of the leased tracts. AIDEA, the state
activity in the Coastal Plain by requiring congressional
corporation that holds most of the ANWR leases, filed a
approval for a presidential leasing moratorium in the
pending lawsuit contesting the legality of the suspensions
Refuge to take effect.
and of the temporary moratorium. To support “future
exploration planning,” AIDEA also announced in June
In addition to the basic question of whether to continue the
2021 that it had authorized funds to prepare a 3D seismic
program of oil and gas development, related questions have
surveying proposal.
concerned potential constraints on the manner of
development—for example, limits to the footprint of energy
Alaska Native Lands in the Coastal Plain
activities. Under P.L. 115-97, surface development is
Some lands within the outer boundary of the Coastal Plain
limited to 2,000 acres, which need not be concentrated in a
are owned by Alaska Native corporations. (For more
single area. Some contend that newer technologies would
information, see CRS Report RL33872, Arctic National
help to consolidate operations and reduce the environmental
Wildlife Refuge (ANWR): An Overview.) A 1983 agreement,
impacts of development, whereas others maintain that
known as the Chandler Lake Agreement, provided that
facilities would likely spread out and significantly change
energy development would not take place on these Alaska
the character of the Coastal Plain. For further discussion,
Native lands until Congress approved development of the
see CRS Report RL33872, Arctic National Wildlife Refuge
Coastal Plain. P.L. 115-97 thus opened the possibility of oil
(ANWR): An Overview.
and gas development on both the federal lands and the
Alaska Native lands of the Coastal Plain.
To the extent that Congress considers a repeal of the
program, there may be issues involving the contractual
Alaska Native corporations have applied for permits to
obligations already made to Coastal Plain lessees. A return
conduct seismic exploration on their Coastal Plain lands,
of the lessees’ payments, as provided in H.R. 5376, could
but BLM and FWS have not approved all necessary
help to alleviate potential takings claims from lessees
permits. In March 2021, the Kaktovik Inupiat Corporation,
whose leases are likely to be deemed a property interest that
supported by the Arctic Slope Regional Corporation (which
may not be taken without just compensation pursuant to the
owns the subsurface rights to Alaska Native lands in the
Fifth Amendment to the Constitution, as well as possible
Coastal Plain), reportedly resubmitted to FWS an ESA
breach of contract claims by those lessees against the
permit application related to incidental polar bear
United States. However, the lessees might claim losses
harassment that could occur during seismic exploration of
beyond the value of those payments. Also at issue are any
its lands on the Coastal Plain.
potential ramifications of a repeal of the P.L. 115-97
provisions for development on the Alaska Native lands.
Issues for Congress
The conflict between oil and natural gas potential and
Laura B. Comay, Specialist in Natural Resources Policy
valued natural habitat in the Refuge has long created
dilemmas for Congress when considering activities on the
IF12006
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Arctic National Wildlife Refuge: Status of Oil and Gas Program
Disclaimer
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