18 ALASKA RESOURCE REVIEW SUMMER 2024 Serious concerns linger as federal agencies must be held accountable BY LEILA KIMBRELL, EXECUTIVE DIRECTOR, RDC ON JUNE 28, 2024, AFTER NEARLY 10 YEARS OF REVIEW, THE FEDERAL BUREAU OF LAND MANAGEMENT (BLM) ISSUED ITS FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT (FSEIS) FOR THE AMBLER ROAD PROJECT, A CRITICAL INITIATIVE TO ACCESS ALASKA’S AMBLER MINING DISTRICT (AMD). Shockingly, the BLM’s preferred alternative was a “no action” decision, effectively halting the project. This unprecedented move should alarm anyone involved in development that must go through federal environmental permitting approval. For those unfamiliar, the background of this project is important. The Alaska Industrial Development and Export Authority (AIDEA) initiated the project in 2015, triggering an extensive multi-agency environmental permitting process. Despite initial approval in 2020, legal challenges and an agency request led to a court-approved voluntary remand of the environmental impact statement (EIS) in 2022. After more bureaucratic delays, the BLM expanded its review of the court’s remand decision and inexplicably reversed its 2020 decision, now blocking the road’s construction. The Ambler Road project’s unique legal status adds another layer of complexity. Congress guaranteed surface access to the AMD under the Alaska National Interest Lands Conservation Act (ANILCA) of 1980. Section 201(4)(b) specifically states: “Congress finds that there is a need for access for surface transportation purposes across the Western (Kobuk River) unit of the Gates of the Arctic National Preserve (from the Ambler Mining District to the Alaska Pipeline Haul Road) and the Secretary shall permit such access in accordance with the provisions of this subsection.” This legal mandate was part of a final compromise to resolve outstanding federal and state land claims and support development in the region. Without the provision above, there is no guarantee of access to the AMD. Nonetheless, the BLM’s decision now ignores Congress’ clear intent and undermines Alaska’s sovereignty. One could also argue this violates the “no more” clause of ANILCA. The rarity of “no action” decisions underscores the gravity of this situation. Typically, compromises are reached to address concerns, but recent trends show federal agencies subjecting Alaskan projects to excessive delays, scope reductions, and lengthy permitting processes. This sets a concerning precedent for future development across all industries, not just mining: No action = no build. This is not a sustainable approach to future development. At its core, this decision represents federal overreach and a double standard. Alaska’s statehood was predicated on resource development to benefit its citizens. Denying access to vital infrastructure impedes economic growth and violates the federal government’s obligations to the state. This disparity in treatment between Alaska and the Lower 48 states is unacceptable and warrants serious concern. What may be worse is that anonymous agency officials leaked the BLM’s decision days before the FEIS was announced, resulting in a one-day 29 percent drop in stock valuation for one of the companies invested in the area. There should be serious concern about agency officials’ actions like this that have the effect of manipulating markets. As stewards of Alaska’s future, we continue to advocate for reasonable access to responsible resource development and hold federal agencies accountable for their actions. The BLM issued its final Record of Decision (ROD) on June 28, triggering AIDEA’s appeal rights. RDC will continue to monitor this issue and advocate for reasonable access to our resources guaranteed by law. BLM’S AMBLER DECISION: ‘NO ACTION’ RAISES ALARM Statement on Ambler Access Road Final Record of Decision. With RDC, the Alaska Chamber, Alaska Miners Association, Alaska Metal Mines, Alaska Support Industry Alliance, Associated General Contractors of Alaska, and Greater Fairbanks Chamber of Commerce have issued this joint response: “We are disappointed by the Biden Administration’s nearly unprecedented ‘no action’ alternative on the Ambler Access Process and flat refusal to grant access for the Ambler Access Road — access that was promised in the Alaska National Interest Land Claims Act (ANILCA). Denial of access to this region is a threat to Alaska’s development that was strategically negotiated more than 40 years ago. Despite a joint letter requesting that BLM reconsider the “no action” alternative, the above-mentioned coalition received no response. “Today’s final decision violates federal law and the clear mandate of ANILCA. This decision also threatens significant future economic opportunity for Alaskans and undermines Alaska’s right to access vital minerals essential for reliable energy and national security, while also disregarding our national and environmental integrity. “This decision is especially unfortunate given Alaska’s resource development community adheres to the highest environmental and safety standards. “While the aforementioned organizations are disappointed with today’s final announcement, we remain committed to responsible resource development in Alaska and will continue advocating for this project and others with potential to improve our economy and provide jobs for Alaskans.”
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