Most land within the Planning Area is under federal jurisdiction. The non-federal lands are limited primarily to Native entities and are located near Barrow, Atqasuk, and Wainwright (Map 02 
). The NSB owns approximately 229 acres of surface estate in the Cape Simpson area and 190,370 acres of the subsurface estate (natural gas) in the Barrow area.
Executive Order 3797-A, signed by President Warren G. Harding on February 27, 1923, reserved 23.7 million acres of federal land and established the Naval Petroleum Reserve Number 4 (PET-4). This area was reserved for oil and gas development for Naval defense. The National Petroleum Reserves Production Act of 1976 (P.L. 94-258) (NPRPA) transferred jurisdiction of PET-4 from the Navy to the Secretary of the Interior (Secretary) and renamed it the National Petroleum Reserve of Alaska (NPR-A).
The boundary of the Northwest NPR-A Planning Area encompasses approximately 9.4 million acres, approximately 8.8 million acres of which are under federal jurisdiction. At present, the total area of privately owned surface estate within the Planning Area is approximately 530,886 acres, leaving approximately 8,848,113 acres under federal jurisdiction. The portion of the subsurface estate in the Planning Area under federal jurisdiction consists of approximately 9,065,602 acres of subsurface oil estate and 9,066,692 acres of subsurface gas estate. The Planning Area boundary extends to the northern boundary of the NPR-A, generally following the shoreline, but extending offshore to encompass certain bays and lagoons. Under authority of the Federal Submerged Lands Act, the State of Alaska owns the lands beyond this northern boundary, extending from mean low tide to 3 mi offshore. Decisions regarding the use of these state lands- including decisions on oil and gas leasing- are made by the State of Alaska, Department of Natural Resources (DNR).
The ownership of the land in tidally influenced bays and lagoons within the NPR-A boundary has been disputed by the state and federal Governments. In the United States v. State of Alaska (Orig. 84), or "Dinkum Sands" case, the U.S. Supreme Court ruled in June of 1997 that these lands are federally owned because the U.S. Congress retained them at the time Alaska achieved statehood (1959). These offshore lands within the Northwest NPR-A Planning Area could be available to oil and gas leasing, along with onshore federal lands.
The Native Allotment Act of 1906, as amended, allowed an Alaska Native to receive up to 160 acres of vacant and unappropriated land. There are approximately 226 allotments encompassing approximately 24,616 acres within the Northwest NPR-A Planning Area. Certificates of Allotment on lands valued for oil and gas set aside those resources for the federal government. It is presumed that all certificates for allotments in the Planning Area will contain this stipulation.
The ANCSA allowed the four village corporations of Atqasuk, Barrow, Nuiqsut, and Wainwright to select surface lands under Sections 12(a) and 12(b). The NPRPA reaffirmed the availability of the surface of lands for selection and conveyance to village corporations under ANCSA. Section 12 of the Technical Corrections Act of 1992 allowed the villages to reconvey lands under a valid Native allotment application in exchange for an equal number of acres of additional selections. Table III-34 shows the acreage received and what remains of the entitlements for Atqasuk, Barrow, and Wainwright (current as of October of 2001).
The Arctic Slope Regional Corporation (ASRC) owns 68,053 acres of surface lands in the Barrow area that are within the Planning Area; it also owns the subsurface oil estate of 56,997 acres. The NSB has received the natural gas from these lands and the village corporation has received the sand and gravel in the Barrow area. The ASRC also owns 143,862 acres of subsurface estate (oil and gas) underlying surface lands conveyed to the village of Wainwright.
The ANCSA did not allow the ASRC to select the subsurface estate within the NPR-A. However, Section 12(a)(1) did allow the ASRC to select the subsurface estate from lands outside the NPR-A withdrawal in acreage equal to their entitlement. Public Land Order 5183, dated March 9, 1972 clarified this selection when it withdrew NPR-A lands from subsurface selection by the regional corporation. The NPRPA restated the arrangement in 1976, recognizing the village corporation's selections of surface estate as provided by ANCSA without providing for other land claims.
It would be five years before regional corporations would be allowed to select land in the NPR-A. The Appropriations Act of 1981 (P.L. 96-514) authorized the Secretary to lease lands within the NPR-A for oil and gas exploration and development. The passage of this act allowed the implementation of Section 1431(o) of ANILCA by providing specific legislative authority for the exchange of NPR-A lands - contingent upon legislative direction to open the NPR-A to commercial development. This specific provision allowed the regional corporation (ASRC) to select the subsurface of village-selected lands if lands within 75 mi of the village lands were made available for commercial development. The ASRC later selected the subsurface estate under all lands selected by Nuiqsut and a portion of the subsurface estate under lands conveyed to the village of Wainwright.
The poor soil conditions in the study area limit the BLM's approval of most land use proposals for summer operations. Permafrost underlies the entire reserve, and floodplains/wetlands cover the majority of the area, reducing even further BLM's ability to allow surface activity. BLM authorizes temporary use of the lands within the Northwest NPR-A under minimum impact permits. Current management policy for the Planning Area allows only those activities that, with stipulations, would have a negligible impact on the environment. Because of the fragile nature of thawed tundra during the summer, permit sites are restricted to durable areas such as gravel bars, beaches, or existing gravel pads. During the winter, when the freeze has stabilized the mineral soils and the snow protects the vegetation, it is possible to traverse the tundra with rolligon-type vehicles (low impact vehicles operating on the tundra with minimal disturbance).
A number of annual overland supply moves are carried out between the various North Slope villages using track-or rolligon-equipped vehicles. Active and inactive DEW-Line installations (active - Barrow; inactive - Wainwright) are located within the Planning Area. Minimum Impact Permits (3-year duration) as provided by the Federal Land Policy and Management Act (FLPMA), might include (but are not limited to) activities such as: use of subsistence cabin sites, support activities related to environmental clean up, and scientific research of all types. The BLM-authorized areas within Barrow include a right-of-way for the BUECI power plant, the National Weather Service weather station site, and a Recreation and Public Purposes (R&PP) area to be used for a recreation field. These sites may become available for other uses later. BLM manages several withdrawals within the Planning Area including a National Oceanic and Atmospheric Administration (NOAA) research site used as a climate monitoring and diagnostics laboratory) and a research site assigned to the United States Geological Service (USGS) for a geomagnetic observatory). The BLM-sponsored research includes re-vegetation at well sites and climatic studies. Finally, a variety of communication/navigation-related authorizations to federal agencies (such as Vortec sites, RACON sites, and communication towers) support all who work on the North Slope.
There are currently about 15 authorizations for the above-listed activities within the Northwest NPR-A Planning Area. Most authorizations allow land use for 3-5 years, with nothing but the withdrawals exceeding 20 years.
There are no roads linking the Planning Area to villages within or outside the NPR-A. However, trails provide access to the communities of Barrow, Atqasuk, and Wainwright as well as linking NPR-A to lands outside the boundaries of the NPR-A. Most trails are usable only during the winter. The winter trails follow, but are not part of, existing ANCSA Section 17(b) easements that eventually meet with existing roads within communities and state, public, and private roads outside the NPR-A. The coastal trail from Kotzebue to Barrow is extremely important for inter-village travel from Point. Lay to Atqasuk, Wainwright, and Barrow. Another access route runs from Nuiqsut to Atqasuk and Barrow along the northern coast of the NPR-A. Various Section 17(b) easements across interim-conveyed and patented lands controlled by Native corporations access the southeast corner of the NPR-A from the Village of Anaktuvuk Pass. Inter-village trails inland from the coast that connect Point Lay, Wainwright, Atqasuk and Barrow are extremely important to local communities and the general public for transporting people and goods. These trail locations may move from year to year depending upon snow and ice conditions.
There are no officially designated corridors for transportation within the Planning Area at this time. However, the Northwest NPR-A IAS/EIS reviews the need for corridors to accommodate such things as pipelines, power lines, communication sites, and possibly roads and other travel routes.
The Planning Area has at least two locations with staging/storage capacity. One is the former Peard Bay DEW-Line site, 45 nautical miles (nmi) from Barrow. This site is just north of the Peard Bay lagoon and consists of a 1,660ft gravel airstrip on a 1,460-acre withdrawal, most of which is underplayed with gravel. As Peard Bay is a Formerly Used Defense Site (FUDS), the U.S. Army Corps of Engineers (COE) cleaned up the area in the mid-1990's. There is a road to the beach from this site reserved under a 44 LD 513.
The second location is the Wainwright DEW-Line site. This site is 80 nmi from Barrow, and, like the Peard Bay site, is on the Chukchi Sea. It consists of 1,518 acres with a gravel airstrip approximately 3,600 ft long. There is no road access from this site to the beach, and village lands owned by the Olgoonik Corporation surround it. The FUDS clean-up for Wainwright is scheduled for 2005, and the site will be partially de-activated then. A short-range radar facility will remain active and use of the pad/airstrip would require non-objection from the Air Force.
Cape Simpson, an additional site for staging and storage, belongs to the NSB and the Borough would require approval for its use in staging and storage. Its FUDS clean-up having been carried out years ago, this old DEW-Line site consists of 229 acres, including a large work pad and 2,568-ft airstrip. .
Numerous structures (primarily cabins) located on federal public lands lack BLM authorization. Before accurate numbers of structures can be determined, Native allotments must be surveyed and conveyed, and an inventory establishing the location and ownership of these structures must be compiled. When these actions have been carried out, the level of unauthorized use can be determined. Fish camps must also be accounted for. Although fish camps do not usually entail permanent structures, waste materials such as garbage and fuel are commonly left on site.
The Federal Coastal Zone Management Act (CZMA) (16 U.S.C. 1456), enacted in 1972 and last amended in 1996, and the 1977 Alaska Coastal Management Act (ACMA) (AS 46.40), last amended in 1994, guide development and land use in coastal areas, seeking a balance between use of coastal areas and protection of valuable coastal resources.
In 1979, the Alaska Coastal Management Program (ACMP) was approved in accordance with the CZMA. The ACMP includes enforceable policies and standards for development and use of lands and natural resources and for conservation within the coastal zone. The coastal zone and coastal district boundaries are mapped in Coastal Zone Boundaries of Alaska, an atlas produced by the Alaska Division of Governmental Coordination (ADGC). All activities (including federally permitted activities) occurring within or outside the coastal zone that might affect coastal resources and uses, must be consistent with the ACMP. While federal lands are outside the coastal zone by definition, federal activities must be consistent to the extent practicable with the standards of the ACMP. These include the standards contained in the Alaska Administrative Code (6 AAC 50) and the enforceable policies found in federally approved local coastal district programs. The statewide standards that may be relevant to the Planning Area are summarized below.
The NPR-A lies entirely within the boundaries of the NSB. The NSB's Coastal Management Program (CMP) is fully approved and part of the ACMP. Under the CZMA, federal lands are excluded from the coastal zone. However, uses and activities on federal lands that affect the coastal zone and its uses and resources must be consistent to the maximum extent practicable with the enforceable standards of a state's CMP. The exclusion of federal lands does not exempt federal agencies from complying with the consistency provisions of Section 307 of the CZMA when federal actions or federally permitted activities have spillover impacts affecting any land or water use or natural resource of the coastal zone within the State's management program (15 CFR 923.33). A description of the NSB CMP follows that of the standards of the ACMP.
Habitat standards apply to eight coastal habitats:
offshore
estuaries
wetlands and tidelands
rocky islands and sea cliffs
barrier islands and lagoons
exposed high-energy coasts
rivers, streams, and lakes
important uplands
Each habitat is covered by a policy specific to maintaining or enhancing its capacity to support living resources (6 AAC 80.130[c]).
Activities and uses that do not conform to the State's standards may be permitted if (1) there is a significant public need, (2) no alternatives meet that need, and (3) mitigating measures are taken to maximize conformance. The habitat policy is frequently cited in the State's consistency reviews.
Two policies address coastal resources: (1) Air, Land, and Water Quality, and (2) Historic, Prehistoric, and Archaeological Resources. In the first instance, the ACMP defers to the mandates and expertise of the Alaska Department of Environmental Conservation (ADEC). The standards incorporate, by reference, all ADEC statutes, regulations, and procedures protecting air, land, and water quality (6 AAC 80.140). Air and water quality concerns are frequently cited during the State's reviews for consistency.
The policy that addresses historic, prehistoric, and archaeological resources requires identification of the "areas of the coast which are important to the study, understanding, or illustration of national, State, or local history or prehistory" (6 AAC 80.150).
Nine topics are addressed under uses and activities:
coastal development
geophysical hazard areas
recreation
energy-facility siting,
transportation and utilities
fish and seafood processing
timber harvesting and processing
mining and mineral processing
subsistence
Uses and activities that are relevant to potential activities within the NPR-A include coastal development, recreation, siting of energy facilities, transportation and utilities, and subsistence.
The CZMA and the ACMP require that coastal land uses that raise state and/or federal concerns be addressed (CZMA § 303[2][C], AS 46.40.060, and AS 46.40.070). The ACMA stipulates that local districts may not arbitrarily or unreasonably restrict or exclude these uses from their coastal management programs. The State of Alaska is particularly concerned about the siting of major energy facilities and transportation and utility routes and facilities.
The Borough adopted the NSB CMP in 1984. Following several revisions, the NSB CMP was approved first by the Alaska Coastal Policy Council in April 1985 and then by the Federal Office of Coastal Resource Management in May 1988. The coastal management boundary adopted for the NSB CMP varies slightly from the interim boundary of the ACMP. In the mid-Beaufort sector, the boundary was extended inland on several waterways to include anadromous fish spawning and overwintering habitats. The NSB CMP applies inland to approximately 25 mi and along the full length of all major river corridors.
Preservation of the Inupiat subsistence lifestyle is of highest priority to the NSB. To this end, the borough's CMP seeks to balance the exploration, development, and extraction of nonliving natural resources involved in economic development with maintenance of and access to the living resources upon which the Inupiat base their traditional cultural values and way of life. Accordingly, land use on the North Slope is divided between traditional subsistence uses and the development of oil and gas resources. The NSB CMP contains four categories of enforceable policies: (1) standards for development, (2) required features for development, (3) best-efforts policies that cover allowable development and applicable required features, and (4) minimization-of-negative-impacts.
(1) Development standards prohibit severe harm to subsistence resources or activities and disturbance of cultural and historic sites.
(2) Required features address:
reasonable use of vehicles, vessels, and aircraft
engineering criteria for structures
drilling plans
oil-spill-control and cleanup plans
pipelines
causeways
residential development associated with resource development
air quality
water quality
solid-waste disposal
(3) Best-efforts policies:
there is "a significant public need for the proposed use and activity" (NSB CMP 2.4.5), and
developers have "rigorously explored and objectively evaluated all feasible and prudent alternatives" (NSB CMP 2.4.5) and briefly documented why the alternatives have been eliminated.
If an exception to a best-efforts policy is granted, the developer must take "all feasible and prudent steps to avoid the adverse impacts the policy was intended to prevent " (NSB CMP 2.4.5).
(4) Developers must minimize adverse impacts. This requirement applies to recreational uses, transportation and utility facilities, and seismic exploration. Features to be protected from adverse impacts include permafrost, subsistence activities, important habitat, and migrating fish and wildlife. Geologic hazards must be considered in site selection, design, and construction.
The administrative procedures used by the NSB to implement the policies described in this section are based on the permit process established under Title 19 of the borough's Land Use Regulations and the consistency review process set forth in Title 46 of the Alaska Statutes.
The NSB Comprehensive Plan and Land Management Regulations (LMR's) were adopted in December 1982 and revised April 12, 1990. The revisions simplified the regulatory process but did not alter the basic premise of the comprehensive plan - to preserve and protect the land and water habitat essential to the subsistence character of Inupiat life.
The new LMR's have five zoning districts - Village, Barrow, Conservation, Resource Development, and Transportation Corridor. All areas within the borough are in the Conservation District, unless specifically designated as within the limited boundaries of the villages or Barrow; as a unitized oil field within the Resource Development District; or along the Trans-Alaska Pipeline System (TAPS) corridor, itself located within the Transportation Corridor.
The LMR's categorize uses as (1) those that can be administratively approved without public review, (2) those that require a development permit and must have public review before they can be administratively approved, and (3) those considered to be conditional development that must be approved by the Planning Commission.
Policy revisions in LMR's have incorporated the policies of the NSB CMP and supplemented these with additional policy categories - Village Policies, Economic Development Policies, Offshore Development Policies, and Transportation Corridor Policies. Offshore policies are specifically limited to development and uses in the portion of the Beaufort Sea that is within the NSB boundary. All policies address oil and gas leasing activities, onshore and offshore. The enforceable policies of the NSB CMP have been incorporated within the zoning ordinance in Section 19.70.050.
It is BLM's policy to consider local zoning to the extent practical in any decision regarding the use of federal lands. While the existence of the local land use plans in the NPR-A is acknowledged, these local plans cannot control activities on federal lands. Rezoning would not be required before a federal lessee or permittee could proceed with activities in the NPR-A as long as the activities have been authorized by BLM. Oil companies may choose (but are not required) to comply with the NSB's comprehensive plan in the NPR-A.