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Updated September 14, 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. Edited by CRS.
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Arctic National Wildlife Refuge: Status of Oil and Gas Program
Temporary Moratorium and
ANWR Coastal Plain. Broader questions about U.S. energy
Environmental Review
and climate also have shaped the debate. Supporters of oil
On January 20, 2021, President Biden issued Executive
and gas leasing assert that development of the Coastal Plain
Order 13990. Among other provisions, the order directed
would increase American energy security and substitute
the Secretary of the Interior to “place a temporary
U.S.-produced energy for imports developed with fewer
moratorium on all activities of the Federal Government
environmental safeguards than apply to the Refuge.
relating to the implementation of the Coastal Plain Oil and
Supporters also point to potential economic benefits for the
Gas Leasing Program” and to conduct a “new,
Refuge’s Alaska Native communities and for the state of
comprehensive analysis” of the potential environmental
Alaska generally. Opponents contend that ANWR leasing
impacts of the program in a manner consistent with
would irremediably damage wildlife habitat and Alaska
applicable law. Pursuant to the executive order, Secretary of
Native subsistence uses and, more broadly, that it represents
the Interior Deb Haaland issued Secretarial Order 3401 on
a long-term investment in fossil fuels that would slow
June 1, 2021, with similar requirements. BLM suspended
efforts to address climate change.
operations on the awarded leases, temporarily prohibiting
exploration and development of the leased tracts while a
The 117th and 118th Congresses have considered further
supplemental environmental impact statement (SEIS) was
actions regarding oil and gas development on the ANWR
prepared under the National Environmental Policy Act
Coastal Plain. In the 118th Congress, H.R. 724 and S. 282
(NEPA; 42 U.S.C. §§4321 et seq.) to reevaluate impacts of
would repeal the ANWR leasing program and designate the
the leasing program. BLM released a draft SEIS on
Coastal Plain as part of the National Wilderness
September 6, 2023.
Preservation System under the Wilderness Act (16 U.S.C.
§§1131 et seq.). In the 117th Congress, the House-passed
Lease Cancellations
version of budget reconciliation legislation (H.R. 5376)
Also on September 6, 2023, the Department of the Interior
would have repealed the ANWR leasing program, canceled
(DOI) announced the Secretary of the Interior’s decision to
the awarded leases, and returned all related payments to the
cancel the remaining ANWR leases (the seven leases held
lessees. Other bills, including H.R. 815 and S. 282, also
by AIDEA) from the 2021 lease sale. According to a DOI
would have repealed the leasing program, while H.R. 1726
press release, the Secretary determined that the earlier
would have promoted oil and gas activity in the Coastal
NEPA analysis underlying that lease sale was “seriously
Plain by requiring congressional approval for a presidential
flawed” and “based on … fundamental legal deficiencies,”
leasing moratorium in the Refuge to take effect. None of
such as failure to analyze a reasonable range of alternatives,
these 117th Congress bills was enacted.
to “properly quantify” downstream greenhouse gas
emissions, and to “properly interpret” certain provisions of
Regardless of the current lease cancellations, P.L. 115-97
P.L. 115-97. AIDEA announced its intention to challenge
directs BLM to hold a second ANWR lease sale by
the Secretary’s decision in court.
December 22, 2024. BLM’s work on the SEIS could inform
future lease sales in the Coastal Plain. The draft SEIS
Alaska Native Lands in the Coastal Plain
considers several alternatives with differences in the extent
Some lands within the outer boundary of the Coastal Plain
of land that would be offered for leasing, the allowed areas
are owned by Alaska Native corporations. (For more
of surface occupancy, and the required operating
information, see CRS Report RL33872, Arctic National
procedures for lessees to mitigate resource impacts. Some
Wildlife Refuge (ANWR): An Overview.) A 1983 agreement,
limitations are required by law—for instance, P.L. 115-97
known as the Chandler Lake Agreement, provided that
limits surface development to 2,000 acres, which need not
energy development would not take place on these Alaska
be concentrated in a single area. Congress could consider
Native lands until Congress approved development of the
whether to legislate further concerning conditions of oil and
Coastal Plain. P.L. 115-97 thus opened the possibility of oil
gas development in the Refuge—for instance, by revisiting
and gas development on both the federal lands and the
provisions considered in earlier bills (e.g., H.R. 49 and S.
Alaska Native lands of the Coastal Plain. Alaska Native
49 in the 115th Congress) related to seasonal closures, land
corporations applied for permits to conduct seismic
reclamation, species protection, use of the best available
exploration on their Coastal Plain lands, but BLM and FWS
technology, employment of Alaska Natives, pipeline
did not approve all the necessary permits.
construction standards, and other matters.
Issues for Congress
Laura B. Comay, Specialist in Natural Resources Policy
The conflict between oil and natural gas potential and
valued natural habitat in the Refuge has long created
IF12006
dilemmas for Congress when considering activities on the
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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.
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https://crsreports.congress.gov | IF12006 · VERSION 4 · UPDATED