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Updated April 6, 2023
Arctic National Wildlife Refuge: Status of Oil and Gas Program
The Arctic National Wildlife Refuge (ANWR or the
requires at least two lease sales in the Coastal Plain, one
Refuge) comprises 19 million acres in northeast Alaska,
within four years of the law’s enactment (i.e., by December
administered primarily by the Fish and Wildlife Service
2021) and a second within seven years of enactment
(FWS) in the Department of the Interior. ANWR’s Coastal
(December 2024). Each lease sale must offer at least
Plain—a 1.57-million-acre area in the northern part of the
400,000 acres and must include those areas with the highest
Refuge (Figure 1)—is viewed as an onshore oil prospect,
potential for discovery of hydrocarbons. The law also has
with a mean estimate by the U.S. Geological Survey of
provisions concerning management of the oil and gas
7.7 billion barrels of technically recoverable oil on federal
program, minimum royalty rates for ANWR leases,
lands (or 10.4 billion barrels if Alaska Native lands and
disposition of revenues from the program, rights-of-way,
adjacent waters are included). The Refuge also is a center
and surface development. (For more information, see CRS
of activity for caribou and other wildlife, with subsistence
In Focus IF10782, Arctic National Wildlife Refuge (ANWR)
use by Alaska Natives and critical habitat for polar bears
Provisions in P.L. 115-97, Tax Cuts and Jobs Act.)
under the Endangered Species Act (ESA; 16 U.S.C.
§§1531-1544).
During BLM’s implementation of the ANWR oil and gas
program, Congress has continued to debate leasing in the
P.L. 115-97 established a program for oil and gas leasing in
Refuge. Some Members support the program established in
ANWR’s Coastal Plain. The law’s 2017 enactment marked
P.L. 115-97, and others seek to repeal it.
a turning point in decades of congressional debate over
energy development in the Refuge. Prior to enactment of
January 2021 Lease Sale
the law, Section 1003 of the Alaska National Interest Lands
On January 6, 2021, under the Trump Administration, BLM
Conservation Act of 1980 (ANILCA; P.L. 96-487) had
held the first oil and gas lease sale for the ANWR Coastal
prohibited oil and gas development in ANWR unless such
Plain, offering 22 tracts on 1.1 million acres. The sale
activities were explicitly authorized by an act of Congress.
yielded a total of $14.4 million in high bids on 11 tracts.
Section 20001 of P.L. 115-97 directed the Secretary of the
BLM subsequently issued leases for nine of the tracts,
Interior, acting through the Bureau of Land Management
covering 437,804 total acres. Most leases went to the
(BLM), to establish and administer a competitive oil and
Alaska Industrial Development and Export Authority
gas leasing program for ANWR’s Coastal Plain and added
(AIDEA), a state-established public corporation. Two
this program as a stated purpose of the Refuge. The law
private companies that won leases later relinquished them.
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.
https://crsreports.congress.gov
Arctic National Wildlife Refuge: Status of Oil and Gas Program
Temporary Moratorium and
and gas leasing assert that development of the Coastal Plain
Environmental Review
would increase American energy security and substitute
On January 20, 2021, President Biden issued Executive
U.S.-produced energy for imports developed with fewer
Order 13990. Among other provisions, the order directed
environmental safeguards than apply to the Refuge.
the Secretary of the Interior to “place a temporary
Supporters also point to potential economic benefits for the
moratorium on all activities of the Federal Government
Refuge’s Alaska Native communities and for the state of
relating to the implementation of the Coastal Plain Oil and
Alaska generally. Opponents contend that ANWR leasing
Gas Leasing Program” and to conduct a “new,
would irremediably damage wildlife habitat and Alaska
comprehensive analysis” of the potential environmental
Native subsistence uses and, more broadly, that it represents
impacts of the program in a manner consistent with
a long-term investment in fossil fuels that would slow
applicable law. Pursuant to the executive order, Secretary of
efforts to address climate change.
the Interior Deb Haaland issued Secretarial Order 3401 on
June 1, 2021, with similar requirements.
In the 118th Congress, H.R. 724 and S. 282 would repeal the
ANWR leasing program and designate the Coastal Plain as
In accordance with these directives, in June 2021, BLM
part of the National Wilderness Preservation System under
issued suspensions of operations and production on the
the Wilderness Act (16 U.S.C. §§1131 et seq.). Similar
awarded leases, temporarily prohibiting exploration and
legislation was introduced in previous Congresses. In the
development of the leased tracts. AIDEA, the state
117th Congress, the House-passed version of budget
corporation that holds ANWR leases, filed a pending
reconciliation legislation (H.R. 5376) would have repealed
lawsuit contesting the legality of the suspensions and of the
the ANWR leasing program, canceled the awarded leases,
temporary moratorium. To support “future exploration
and returned all related payments to the lessees. Other bills
planning,” AIDEA also initiated work on proposals for
(H.R. 815 and S. 282) also would have repealed the
archeological surveying and 3D seismic surveying of its
program. Still other legislation (H.R. 1726) would have
lease sites, but BLM informed AIDEA that it could not
promoted oil and gas activity in the Coastal Plain by
process permit applications until a supplemental
requiring congressional approval for a presidential leasing
environmental impact statement (EIS) had been completed
moratorium in the Refuge to take effect. None of these
for the program.
117th Congress bills was enacted.
On August 4, 2021, BLM published in the Federal Register
To the extent that Congress may consider a repeal of the
a notice of intent (NOI) to prepare a supplemental EIS for
program, there may be issues involving the contractual
the ANWR oil and gas program. In the NOI, BLM stated
obligations already made to Coastal Plain lessees. A return
that it anticipated releasing a draft supplemental EIS in six
of the lessees’ payments, as would have been provided by
to eight months (April-June 2022). More recently, in court
House-passed H.R. 5376 in the 117th Congress, could help
documents, the Administration reported that the draft
to alleviate potential takings claims from lessees whose
supplemental EIS is expected in the second quarter of 2023.
leases are likely to be deemed a property interest that may
BLM has stated that additional work is needed to address
not be taken without just compensation pursuant to the Fifth
issues related to the analysis of downstream greenhouse gas
Amendment to the Constitution, as well as possible breach
emissions that would stem from production of Coastal Plain
of contract claims by those lessees against the United
oil, among other issues.
States. However, the lessees might claim losses beyond the
value of those payments. Also at issue are any potential
Alaska Native Lands in the Coastal Plain
ramifications of a repeal of the P.L. 115-97 provisions for
Some lands within the outer boundary of the Coastal Plain
development on the Alaska Native lands.
are owned by Alaska Native corporations. (For more
information, see CRS Report RL33872, Arctic National
In addition to the basic question of whether to continue the
Wildlife Refuge (ANWR): An Overview.) A 1983 agreement,
program of oil and gas development, related questions have
known as the Chandler Lake Agreement, provided that
concerned potential constraints on the manner of
energy development would not take place on these Alaska
development—for example, limits to the footprint of energy
Native lands until Congress approved development of the
activities. Under P.L. 115-97, surface development is
Coastal Plain. P.L. 115-97 thus opened the possibility of oil
limited to 2,000 acres, which need not be concentrated in a
and gas development on both the federal lands and the
single area. Some contend that newer technologies would
Alaska Native lands of the Coastal Plain. Alaska Native
help to consolidate operations and reduce the environmental
corporations applied for permits to conduct seismic
impacts of development, whereas others maintain that
exploration on their Coastal Plain lands, but BLM and FWS
facilities would likely spread out and significantly change
did not approve all the necessary permits. The Alaska
the character of the Coastal Plain. For further discussion,
Native corporations are co-plaintiffs in the AIDEA lawsuit
see CRS Report RL33872, Arctic National Wildlife Refuge
mentioned in the previous section.
(ANWR): An Overview. Congress may be interested in any
potential additional mitigation measures recommended in
Issues for Congress
the upcoming supplemental EIS, as well as in the timing for
The conflict between oil and natural gas potential and
that EIS, which has extended beyond original estimates.
valued natural habitat in the Refuge has long created
dilemmas for Congress when considering activities on the
Laura B. Comay, Specialist in Natural Resources Policy
ANWR Coastal Plain. Broader questions about U.S. energy
and climate also have shaped the debate. Supporters of oil
IF12006
https://crsreports.congress.gov
Arctic National Wildlife Refuge: Status of Oil and Gas Program
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
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reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.
https://crsreports.congress.gov | IF12006 · VERSION 2 · UPDATED