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Updated June 26, 2024
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. Seven 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.
https://crsreports.congress.gov
Arctic National Wildlife Refuge: Status of Oil and Gas Program
Temporary Moratorium and
Native communities and for the state of Alaska generally.
Environmental Review
Opponents contend that ANWR leasing would irremediably
On January 20, 2021, President Biden issued Executive
damage wildlife habitat and Alaska Native subsistence uses
Order (E.O.) 13990. Among other provisions, the order
and, more broadly, that it represents a long-term investment
directed the Secretary of the Interior to “place a temporary
in fossil fuels that would slow efforts to address climate
moratorium on all activities of the Federal Government
change. For further discussion, see CRS Report RL33872,
relating to the implementation of the Coastal Plain Oil and
Arctic National Wildlife Refuge (ANWR): An Overview.
Gas Leasing Program” and to conduct a “new,
comprehensive analysis” of the potential environmental
The 118th Congress is considering actions regarding oil and
impacts of the program in a manner consistent with
gas development on the ANWR Coastal Plain. House-
applicable law. Pursuant to the executive order, Secretary of
passed H.R. 6285, the Alaska’s Right to Produce Act,
the Interior Deb Haaland issued Secretarial Order 3401 on
would direct BLM to reissue the canceled Coastal Plain
June 1, 2021, with similar requirements. BLM suspended
leases, restrict future lease cancellations, and declare that
operations on the awarded leases, temporarily prohibiting
previous permitting and environmental review documents
exploration and development of the leased tracts while a
shall satisfy the requirements of multiple laws. It also
supplemental environmental impact statement (SEIS) was
would repeal the provision of E.O. 13990 that required the
prepared under the National Environmental Policy Act
temporary moratorium (along with certain other provisions
(NEPA; 42 U.S.C. §§4321 et seq.) to reevaluate impacts of
of that E.O.) and would direct that any presidential or
the leasing program. BLM released a draft SEIS on
secretarial moratoria on leasing activities shall have no
September 6, 2023. In March 2024, the Department of the
force or effect. Other bills, H.R. 724 and S. 282, would
Interior (DOI) reported to the U.S. District Court for the
repeal the ANWR leasing program and designate the
District of Alaska that a final SEIS is anticipated in the
Coastal Plain as part of the National Wilderness
second quarter of 2024.
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)
On September 6, 2023, DOI separately announced the
would have repealed the ANWR leasing program, canceled
Secretary of the Interior’s decision to cancel the remaining
the awarded leases, and returned all related payments to the
ANWR leases (the seven leases held by AIDEA) from the
lessees. H.R. 815 and S. 282 also would have repealed the
2021 lease sale. According to a DOI press release, the
leasing program, while H.R. 1726 would have promoted oil
Secretary determined that the earlier NEPA analysis
and gas activity in the Coastal Plain by requiring
underlying that lease sale was “seriously flawed” and
congressional approval for a presidential leasing
“based on … fundamental legal deficiencies,” such as
moratorium in the Refuge to take effect. None of these
failure to analyze a reasonable range of alternatives, to
117th Congress bills was enacted.
“properly quantify” downstream greenhouse gas emissions,
and to “properly interpret” certain provisions of P.L. 115-
Regardless of the current lease cancellations, P.L. 115-97
97. AIDEA has challenged the Secretary’s decision in
directs BLM to hold a second ANWR lease sale by
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 boundary of the Coastal Plain are
of land that would be offered for leasing, the allowed areas
owned by Alaska Native corporations. A 1983 agreement,
of surface occupancy, and the required operating
known as the Chandler Lake Agreement, provided that oil
procedures for lessees to mitigate resource impacts. H.R.
and gas development would not take place on these Alaska
6285 would direct that, rather than the current
Native lands until Congress approved development of the
environmental review, the second lease sale shall be
Coastal Plain. P.L. 115-97 thus opened the possibility of oil
conducted in accordance with an earlier record of decision
and gas development on both the federal lands and the
from the Trump Administration.
Alaska Native lands of the Coastal Plain. Alaska Native
corporations applied for permits to conduct seismic
Some specific conditions for future lease sales are required
exploration on their Coastal Plain lands, but BLM and FWS
by law. For example, P.L. 115-97 limits surface
did not approve all the necessary permits.
development to 2,000 acres, which need not be
concentrated in a single area. Congress could consider
Issues for Congress
whether to legislate further concerning conditions of oil and
The conflict between oil and natural gas potential and
gas development in the Refuge—for instance, by revisiting
valued natural habitat in the Refuge has long created
provisions considered in earlier bills (e.g., H.R. 49 and S.
dilemmas for Congress when considering activities on the
49 in the 115th Congress) related to seasonal closures, land
ANWR Coastal Plain. Broader questions about U.S. energy
reclamation, species protection, use of the best available
and climate also have shaped the debate. Supporters of oil
technology, employment of Alaska Natives, pipeline
and gas leasing assert that development of the Coastal Plain
construction standards, and other matters.
would increase American energy security and could replace
energy developed overseas with fewer environmental
Laura B. Comay, Specialist in Natural Resources Policy
safeguards than apply to the Refuge. Supporters also point
to potential economic benefits for the Refuge’s Alaska
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
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https://crsreports.congress.gov | IF12006 · VERSION 11 · UPDATED