{ "id": "R45192", "type": "CRS Report", "typeId": "REPORTS", "number": "R45192", "active": true, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 580959, "date": "2018-05-09", "retrieved": "2018-05-22T13:22:26.806285", "title": "Oil and Gas Activities Within the National Wildlife Refuge System", "summary": "Oil- and gas-related wells are documented in 110 (approximately 18%) of the 605 units of the National Wildlife Refuge System (NWRS). The U.S. Fish and Wildlife Service (FWS), in the Department of the Interior (DOI), administers the NWRS, which includes primarily national wildlife refuges, along with wetland management districts and waterfowl production areas. The wells in the NWRS most commonly involve nonfederal oil and gas resources but sometimes encompass federal resources. Oil and gas development in the NWRS has the potential to adversely impact wildlife and/or the environment, and some see it as contrary to the mission and purposes for which the NWRS was established. Others think that some levels of oil and gas activity may take place in refuges without harming the system\u2019s central mission of wildlife conservation and that such activity could benefit the U.S. economy and provide greater energy security. FWS, which administers nonfederal mineral activities on refuge lands, and the Bureau of Land Management (BLM), which administers federal mineral activities on refuge lands, have developed regulations that seek to minimize the adverse impacts of oil and gas development in the NWRS, among other purposes.\nNonfederal oil and gas activities in refuges most often occur where FWS has acquired surface rights to refuge lands without acquiring mineral rights. In these cases, the entity (such as an individual, corporation, or tribe) that retains a valid existing right to the mineral estate has the right to develop the oil and gas resources pursuant to regulations established by FWS. According to FWS data, there are 107 NWRS units with nonfederal wells, and 45 of these units have active wells. Nonfederal oil and gas activities in the NWRS outside of Alaska are governed by a final rule promulgated by FWS on November 2016, \u201cManagement of Non-Federal Oil and Gas Rights.\u201d\nIn contrast to these nonfederal activities, leasing and development of federal oil and gas resources within the NWRS generally is prohibited. The primary exception is when federal oil and gas leases predate the establishment or expansion of an NWRS unit, in which case the lease can be allowed to continue. According to BLM records, outside of Alaska, there are 11 NWRS units with federal oil and gas wells, all of which have at least 1 producing well. BLM regulations require FWS concurrence as to the time, place, and nature of oil and gas activities in refuges, in order to maximize protection for wildlife populations and habitat.\nFor both federal and nonfederal wells in the NWRS, regulation within Alaska is different from that in the rest of the United States. In addition to general FWS and BLM regulations, these units also are subject to requirements of Alaska-specific laws, including the Alaska National Interest Lands Conservation Act (ANILCA; P.L. 96-487). Within Alaska, Kenai National Wildlife Refuge has both federal and nonfederal oil and gas wells. Three other Alaskan units have nonfederal wells. \nCongress has debated both the extent of oil and gas activities in the NWRS and the compatibility of these activities with the NWRS\u2019s mission and purposes. One issue that has been debated for many years is whether to allow energy development in the Arctic National Wildlife Refuge in northeastern Alaska. P.L. 115-97, enacted in December 2017, established a federal oil and gas program for a portion of the refuge. Congress may continue to pursue oversight or legislation related to the implementation of this program, including issues related to limits on the footprint of development, compliance with the National Environmental Policy Act (42 U.S.C. \u00a7\u00a74321-4347), or judicial review of legal challenges, among other matters. Congress also has addressed FWS\u2019s 2016 nonfederal oil and gas rule through both oversight and legislation, and it may continue to consider aspects of these regulations as well as the appropriate role for FWS in overseeing nonfederal oil and gas wells in the NWRS.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R45192", "sha1": "b5acc216d03d8a322dae717ffaabdee7e099689b", "filename": "files/20180509_R45192_b5acc216d03d8a322dae717ffaabdee7e099689b.html", "images": { "/products/Getimages/?directory=R/html/R45192_files&id=/0.png": "files/20180509_R45192_images_b1b95b56615670fc6284dcf937b34647f021aafd.png" } }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R45192", "sha1": "10ae82c86ce60196d216aa33226f597191acbfab", "filename": "files/20180509_R45192_10ae82c86ce60196d216aa33226f597191acbfab.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4812, "name": "Fossil Energy" }, { "source": "IBCList", "id": 4841, "name": "Federal Land Management" }, { "source": "IBCList", "id": 4907, "name": "Energy Policy" }, { "source": "IBCList", "id": 4928, "name": "Wildlife & Ecosystems" } ] } ], "topics": [ "Energy Policy", "Environmental Policy" ] }