View all text of Subpart 2361 [§ 2361.1 - § 2361.30]
§ 2361.10 - Protection of the environment.
(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
(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.
