ACTION ALERT

RDC Comment Letter

On Tuesday, Sept. 20, 2022, the Bureau of Land Management initiated a 45-day public scoping period for developing a supplemental environmental impact statement (SEIS) of the proposed Ambler Mining District Industrial Access Road(the Ambler Project), pursuant to an order by the U.S. District Court for Alaska. The BLM is seeking public input before preparing a SEIS to evaluate the proposal. 

Overview

The Ambler Project was originally analyzed in the March 2020 Final EIS and authorized in a Record of Decision (ROD) issued in July 2020. Litigation commenced with suits from multiple parties in August and October 2020.

In February 2022, the Department of the Interior requested the U.S. District Court for Alaska grant voluntary remand, stating that additional legal analysis had revealed two deficiencies in the BLM’s analysis: (1) regarding subsistence impacts under ANILCA Section 810; and (2) consultation with tribes pursuant to Section 106 of the National Historic Preservation Act (NHPA). The Court granted that request in May 2022, returning the matter to BLM to correct these identified deficiencies. 

Pursuant to the U.S. District Court order, the BLM is now seeking public input on what should be the proper scope of this supplemental analysis, potential alternatives, and identification of relevant information and studies to help determine which additional impacts and resources should be more thoroughly assessed. The supplemental environmental impact statement (SEIS) will evaluate a range of alternatives and take a close look at any potential impacts to biological, cultural, historic and subsistence resources such as caribou and fish, as well as measures to protect those resources.

Action Requested:

RDC members are encouraged to provide scoping input to BLM before 10 p.m. Alaska time on November 4, 2022.

Comments may be submitted to:

Online: https://eplanning.blm.gov/​eplanning-ui/​project/​57323/​510

Email: [email protected]

For any questions on submitting a comment, contact: 

Points to consider: 

• BLM’s extensive existing National Environmental Policy Act (NEPA) and applicable Alaska National Interest Lands Conservation Act (ANILCA) analysis was completed in cooperation with multiple state, federal and local cooperating agencies over a multi-year period and only requires supplementation. 

• The Supplemental Environmental Impact Statement EIS (SEIS) should focus only on addressing the discrete issues identified by the Alaska District Court within the following topics: 

  • National Historic Preservation Act (NHPA) Section 106 consultation (caribou vegetation) 

  • ANILCA Section 810 analysis (fish populations)

• BLM’s review for the SEIS should be limited only to information and studies that address the specific issues that are the basis for the remand.  Multiple other aspects of BLM’s prior Ambler Access Project EIS were upheld by the court and therefore do not require further analysis in the court-ordered SEIS. Given the narrow scope of deficiencies identified by the district court, BLM does not require an extensive review period.

• There has been extensive public involvement since the NEPA process commenced in 2015.

• During the FEIS scoping process, BLM nearly quadrupled the required scoping period to allow for extensive public input. The scoping period was extended from 90 days to 330 days, included 15 public hearings in 13 different communities and considered more than 7,200 written comments.
• Following release of the draft EIS in August 2019, BLM helps 18 additional hearings in rural Alaskan communities, 1 in Anchorage, 1 in Fairbanks, and a hearing in Washington, D.C. In addition to public testimony at these hearings, BLM received 29,000 written comments.
• BLM extensively consulted with federally recognized tribes, sending 52 letters to tribal groups directly and indirectly impacted along the proposed road corridor. This included 15 government-to-government consultations; 11 “Section 106” consultation meetings, and 8 additional other stakeholder meetings.
• In addition, more than 30 cooperating agency meetings were held federal agencies (DOI, USACE, USCG, NPS, EPA, FHWA); state agencies (DNR, ADEC, ADF&G, DHSS, DOL, DOT&PF, SHPO); and local tribal representatives, including the Allakaket Tribal Council, Alatna Village Council, Hughes Traditional Council, Northwest Arctic Borough, and Noorvik Native Community. 

• The BLM should complete a SEIS and Record of Decision in timely manner limited only to the narrow issues identified by the United States District Court for the District of Alaska to avoid further delay in public benefits and reduce risk and uncertainty for the Alaska economy.

Comments are due on November 4, 2022 BY 10:00 P.M. ALASKA TIME