United States Department of the Interior

FISH AND WILDLIFE SERVICE-
Washington. DC. 20240

   

AUG 11 201?
In Reply Refer To:
Fwsroroseszt
Memorandum
To: Regional Director, Alaska Region



From: Acting Director I
Subject: Update to Regulations at 50 CFR 37

(Response due date: September 30, 2017)

The US. Fish and Wildlife Service (Service) has been asked by the US. Department of the
Interior to update the regulations concerning geological and geophysical exploration of the
coastal plain, Arctic National Wildlife Refuge. Alaska. Speci?cally. we are to update the
regulations found at 37 CFR 21 that restricts the dates when an application of an exploration plan
may be submitted. Attached is a proposed draft change to that regulation. When ?nalized. the
new regulation will allow for applicants to submitted requests l'or approval of new exploration
plans.

You are directed to prepare an environmental assessment and a proposed rule to update these
regulations.

 37.21 Application requirements.

Prior to submitting an exploration plan. applicants may meet with the Regional
Director to discuss their proposed plans and exploratory activities and the requirements of
this part.

Any person wanting to conduct exploratory-activities may apply for a special use
permit by submitting for approval one or more written exploration plans in triplicate to
the Regional Director Region 7, U. S. Fish and Wildlife Service 101 1 East Tudo1 Road,
Anchorage, Alaska 99503. 

 

In addition to containing the infomhation required in paragraph of this section, any
exploration plan submitted shall describe the applicant's plan for carrying out an
integrated program of exploratory activities in such a manner as will satisfy the objective
and limitations stated 11154371. it an applicant submits an exploration plan away-20:
1'98le an} git-en _\ear. with the intention of submitting another exploration plan on-
Wthe following year, the applicant shall describe in its initial plan how its
future exploratory activities will be integrated with those proposed under its initial plan.-

 

Each exploration plan submittech must

be published and be the subject of a public hearing in accordance with requirements 0t 


An exploration plan shall set forth in general terms such information as is required by
this part and by the Regional Director in determining whether the plan is consistent with
this part, including, but not limited to:

(1) The name and address of any person who will conduct the proposed exploratory
activities, the applicant/permittec, and, if that person is an agency, ?rm. corporation,
organization, or association, the names and addresses of the responsible of?cials, or, if a
partnership, the names and addresses of all panners:

(2) The names and addresses ofall persons planning at the time of plan submittal to
participate in the proposed exploratory activities or share in the data and information
resulting therefrom through a cost-sharing or any other arrangement:

(3) Evidence ofthe applicant's technical and financial ability to conduct integrated and
well designed exploratory activities in an'arctic or subarctic environment and of the

applicant's responsibility in complying with any exploration permits previously held scale of of the geographic areas in which exploratory activities
are proposed and of the approximate locations oi'the applicant's proposed geophysical
survey lines. travel routes to and within the refuge. Fuel caches. and major support
facilities:

(5) A general description of the type of exploratory activities planned. including alternate
exploratory methods and techniques if proposed. and the manner and sequence in which
such activities will be conducted;

6) A description of how various exploratory methods and techniques will be utilized in
an integrated fashion to avoid unnecessary duplication of the applicant's own work;

(7) A schedule for the exploration-v activities proposed. including the approximate dates on
which the various types of activities are proposed to be commenced and
completed:

(8) A description of the applicant's proposed communication technniques:

(9) A description of the equipment. support Facilities. methods of access and personnel
that will be used in carrying out exploratorv activities:

(IO) A harm-dons substances control and contingency plan describing actions to be taken
to use, store. control, clean up. and dispose oi?these'materials in the event ot?a spill or
accident:

(1 l) A general description of the anticipated impacts that the proposed exploratory
activities may have on the ret?ugge?s wildlife, its habitat. the environment. subsistence uses
and needs, and cultural resources. and a description of mitigating measures which will be
implemented to minimize or avoid such impacts:

(12) A description of the proposed procedures for monitoring the environmental impacts
of its operation and its compliance with all regulatory and permit requirements:

(13) A statement that. ifauthorizcd to conduct exploratorv activities. the applicant shall
comply with this part. its special use permit. its approved exploration plan. plan ol'

operation, and all reasonable stipulations. demands and orders issued by the Regional
Director;

(14) A description of the applicant's proposed data quality assurance and control
program; and

(15) Such other pertinent information as the Regional Diregnr may reasonably require.

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