The U.S. Fish and Wildlife Service (USFWS) has rejected Alaska’s plan to explore the Arctic National Wildlife Refuge (ANWR), saying the state’s authority to submit a plan under the Alaska National Interest Lands Conservation Act (ANILCA) Section 1002(e) “expired long ago.” Alaska Gov. Sean Parnell said the state will appeal the decision.

“…[T]he federal government chose to rely on an inaccurate interpretation of ANILCA,” Parnell said. “The Interior Department’s own legal opinion confirms our position: There is no expiration date set by the plain language of the statute for 1002(e) exploration.

“Obtaining accurate and complete scientific information from ANWR is a top priority for Alaska and a necessity for our country. In fact, it is a mandate of ANILCA. Federal law provides clear direction that the Interior secretary must take certain actions upon the submission of a section 1002(e) exploration plan. The state will request the national director of the USFWS to reconsider this decision.”

Earlier this month, the state provided a plan to the secretary of the Interior to perform 3-D seismic testing in ANWR to better understand the probable quantity and quality of hydrocarbons beneath the surface of the coastal plain, or 1002 Area, of ANWR (see Daily GPI, July 10). The state’s plan included all of the information required by statute as well as the existing USFWS regulations for exploration in the 1002 Area, Parnell’s office said.

“It is unfortunate that the USFWS failed to consider all of the technological advancements and new information detailed in the state’s plan,” Parnell said. “Instead of doing any new work or review, they relied exclusively on a political memo prepared more than ten years ago.”

According to Interior, authorization for an exploration plan under ANILCA section 1002 expired in 1987. In its letter to the state, the agency cited a legal 2001 memorandum that reads in part, “the authorization for exploratory activity expired, and the statute does not provide any continuing authority for additional exploratory activities in the coastal plain of the Arctic Refuge at the present time.”

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