The purpose of the regulations in this subpart is to provide procedures for the protection and control of environmental, fish and wildlife, and historical or scenic values in the National Petroleum Reserve in Alaska pursuant to the provisions of the Naval Petroleum Reserves Production Act of 1976 as amended (90 Stat. 303; 42 U.S.C. 6501 et seq.), Alaska National Interest Lands Conservation Act (94 Stat. 2371, 16 U.S.C. 3101 et seq.), and other applicable authorities.

The objective of this subpart is to provide for the protection of the environmental, fish and wildlife, and historical or scenic values of the Reserve so that activities which are or might be detrimental to such values will be carefully controlled to the extent consistent with the requirements of the Act for the exploration and production of oil and gas resources in the Reserve.

The Naval Petroleum Reserve Production Act of 1976 (90 Stat. 303; 42 U.S.C. 6501, et seq.), as amended by the Department of the Interior Appropriations Act, Fiscal Year 1981 (Pub. L. 96-514), is the primary statutory authority for this subpart. Other applicable authorities include the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) and the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.), exclusive of sections 202 and 603, which do not apply pursuant to 42 U.S.C. 6506a(c).

Consistent with the statutory requirements to conduct an expeditious program of oil and gas leasing, the Bureau of Land Management (BLM) is responsible for the management of the Reserve, the protection of surface values from environmental degradation, and to prepare rules and regulations necessary to carry out management and protection duties.

As used in this subpart, the following terms have the following meanings:

(a) Act means the Naval Petroleum Reserves Production Act of 1976, as amended (90 Stat. 303; 42 U.S.C. 6501, et seq.).

(b) Authorized officer means any employee of the BLM who has been delegated the authority to perform the duties of this subpart.

(c) Exploration means activities conducted on the Reserve for the purpose of evaluating petroleum resources which include crude oil, gases of all kinds (natural gas, hydrogen, carbon dioxide, helium, and any others), natural gasoline, and related hydrocarbons (tar sands, asphalt, propane butane, etc.), oil shale and the products of such resources.

(d) Reserve means those lands within the National Petroleum Reserve in Alaska (prior to June 1, 1977, designated Naval Petroleum Reserve No. 4) which was established by Executive order of the President, dated February 27, 1923, except for tract Numbered 1 as described in Public Land Order 2344 (the Naval Arctic Research Laboratory—surface estate only) dated April 24, 1961.

(e) Secretary means the Secretary of the Interior.

(f) Special areas means areas within the Reserve identified by the Secretary of the Interior as having significant subsistence, recreational, fish and wildlife, or historical or scenic value and, therefore, warranting maximum protection of such values to the extent consistent with the requirements of the Act for the exploration of the Reserve.

(g) Use authorization means a written approval of a request for use of land or resources.

(a) Subject to valid existing rights, all lands within the exterior boundaries of the Reserve are reserved and withdrawn from all forms of entry and disposition under the public land laws, including the mining and mineral leasing laws, and all other Acts.

(b) Notwithstanding the provisions of paragraph (a) of this section, the Secretary is authorized to:

(1) Make dispositions of mineral materials pursuant to the Act of July 31, 1947 (61 Stat. 681), as amended (30 U.S.C. 601), for appropriate use by Alaska Natives.

(2) Make such dispositions of mineral materials and grant such rights-of-way, licenses, and permits as may be necessary to carry out his responsibilities under the Act.

(3) Convey the surface of lands properly selected on or before December 18, 1975, by Native village corporations pursuant to the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.).

(c) All other provisions of law heretofore enacted and actions heretofore taken reserving such lands as a Reserve will remain in full force and effect to the extent not inconsistent with the Act.

(d) To the extent not inconsistent with the Act, all other public land laws are applicable.

(a) The authorized officer will take such action, including monitoring, as he deems necessary to mitigate or avoid unnecessary surface damage and to minimize ecological disturbance throughout the Reserve to the extent consistent with the requirements of the Act for the exploration of the Reserve.

(b) Maximum protection measures will be taken on all actions within the Utukok River Uplands, Colville River, and Teshekpuk Lake special areas, and any other special areas identified by the Secretary as having significant subsistence, recreational, fish and wildlife, or historical or scenic value. The boundaries of these areas and any other special areas identified by the Secretary will be identified on maps and be available for public inspection in the Alaska State Office. In addition, the legal description of the three special areas designated in this paragraph (b) and any new areas identified hereafter will be published in the Federal Register and appropriate local newspapers. Maximum protection may include, but is not limited to, requirements for:

(1) Rescheduling activities and use of alternative routes;

(2) Types of vehicles and loadings;

(3) Limiting types of aircraft in combination with minimum flight altitudes and distances from identified places; and

(4) Special fuel handling procedures.

(c) Recommendations for additional special areas may be submitted at any time to the authorized officer. Each recommendation will contain a description of the values which make the area special, the size and location of the area on appropriate U.S. Geological Survey (USGS) quadrangle maps, and any other pertinent information. The authorized officer will seek comments on the recommendation(s) from interested public agencies, groups, and persons. These comments will be submitted along with his recommendation to the Secretary. Pursuant to section 104(b) of the Act, the Secretary may designate that area(s) which he determines to have special values requiring maximum protection. Any such designated area will be identified in accordance with the provision of paragraph (b) of this section.

(d)(1) To the extent consistent with the requirements of the Act and after consultation with appropriate Federal, State, and local agencies, Indian Tribes, and Alaska Native Claims Settlement Act of 1971 (ANCSA) Corporations, the authorized officer may limit, restrict, or prohibit the use of and access to lands within the Reserve, including special areas. On proper notice as determined by the authorized officer, such actions may be taken to protect fish and wildlife breeding, nesting, spawning, lambing of calving activity, major migrations of fish and wildlife, and other environmental, scenic, or historic values.

(2) The consultation requirement in paragraph (d)(1) of this section is not required when the authorized officer determines that emergency measures are required.

(e) No site, structure, object, or other values of historical archaeological, cultural, or paleontological character, including but not limited to historic and prehistoric remains, fossils, and artifacts, will be injured, altered, destroyed, or collected without authorization under the appropriate Federal permit and without compliance with applicable Federal law, including but not limited to, the Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa-470mm, Paleontological Resources Preservation Act of 2009, 16 U.S.C. 470aaa-470aaa-11, Native American Graves Protection and Repatriation Act of 1990, 25 U.S.C. 3001-3013, National Historic Preservation Act of 1966, 54 U.S.C. 300101-307108.

(a) Except for petroleum exploration which has been authorized by the Act, use authorizations must be obtained from the authorized officer prior to any use within the Reserve. Only those uses which are consistent with the purposes and objectives of the Act will be authorized.

(b) Except as may be limited, restricted, or prohibited by the authorized officer pursuant to § 2361.10 or otherwise, use authorizations are not required for:

(1) Subsistence uses (e.g., hunting, fishing, and berry picking); and

(2) Recreational uses (e.g., hunting, fishing, backpacking, and wildlife observation).

(c) Applications for use authorizations must be filed in accordance with applicable regulations in this subpart. In the absence of such regulation, the authorized officer may make such dispositions of mineral materials and grant such rights-of-way, licenses, and permits as may be necessary to carry out his responsibilities under the Act.

(d) In addition to other statutory or regulatory requirements, approval of applications for use authorizations will be subject to such terms and conditions which the authorized officer determines to be necessary to protect the environmental, fish and wildlife, and historical or scenic values of the Reserve.

Any person who violates or fails to comply with regulations of this subpart is subject to prosecution, including trespass and liability for damages, pursuant to the appropriate laws.