[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR36.13]

[Page 539-540]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 36--TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS, AND ACCESS INTO, CONSERVATION SYSTEM UNITS IN ALASKA--Table of Contents
 
Sec. 36.13  Special provisions.

    (a) Gates of the Arctic National Park and Preserve. (1) Access for 
surface transportation purposes across Gates of the Arctic National Park 
and Preserve (from the Ambler Mining District to the Alaska Pipeline 
Haul Road (Dalton Highway)) shall be permitted in accordance with the 
provisions of this section.
    (2) Upon the filing of an application in accordance with Sec. 36.4 
for a right-of-way across the western (Kobuk River) unit of the 
preserve, including the Kobuk Wild River, the Secretary shall give 
notice in the Federal Register,

[[Page 540]]

and other such notice as may be appropriate, of a 30 day period for 
other applicants to apply for access. The original application and any 
additional applications received during the 30 day period will be 
reviewed in accordance with Sec. 36.5.
    (3) The Secretary and the Secretary of Transportation shall jointly 
prepare an environmental and economic analysis solely for the purpose of 
determining the most desirable route for the right-of-way and terms and 
conditions which may be required for the issuance of that right-of-way. 
This analysis shall be completed within one year and the draft thereof 
within nine months of the receipt of the application and shall be 
prepared in lieu of an EIS which would otherwise be required under 
section 102(2)(C) of NEPA. This analysis shall be deemed to satisfy all 
requirements of that Act and shall not be subject to judicial review. 
This analysis shall be prepared in accordance with the procedural 
requirements of Sec. 36.6.
    (4) The Secretaries, in preparing this analysis, shall consider the 
following:
    (i) Alternate routes including the consideration of economically 
feasible and prudent alternate routes across the preserve which would 
result in fewer, or less severe, adverse impacts upon the preserve.
    (ii) The environmental, social and economic impacts of the right-of-
way including impacts upon wildlife, fish, and their habitat, and rural 
and traditional lifestyles including subsistence activities and measures 
which should be instituted to avoid or minimize negative impacts and 
enhance positive impacts.
    (5) Within 60 days of the completion of the enviornmental and 
economic analysis, the Secretaries shall jointly agree upon a route for 
issuance of the right-of-way across the preserve. Such right-of-way 
shall be issued in accordance with the provisions of Sec. 36.9.
    (b) Yukon-Charley Rivers National Preserve. (1) Any application 
filed by Doyon, Limited, for a right-of-way to provide access in a 
southerly direction across the Yukon River from its landholdings in the 
watersheds of the Kandik and Nation Rivers shall be processed in 
accordance with this part.
    (2) No right-of-way shall be granted which would cross the Charley 
River or which would involve any lands within the watershed of the 
Charley River.
    (3) An application shall be approved by the appropriate Federal 
agency if it is determined that there exists no economically feasible or 
otherwise reasonably available alternate route.
    (c) Oil and Gas Pipelines--Arctic Slope Regional Corporation. (1) 
Upon the filing by Arctic Slope Regional Corporation for an oil and gas 
TUS across lands identified in section 1431(j) of ANILCA, the 
appropriate Federal agency shall review the filing, determine the 
alignment and location of facilities across/on Federal lands, and issue 
such authorizations as are necessary with respect to the establishment 
of the TUS.
    (2) No environmental document pursuant to NEPA shall be required.
    (3) Investigations as to the proper final alignment of the pipeline 
and location of related facilities are at the discretion of the Federal 
agency and the costs associated with such investigations are not 
recoverable under Sec. 36.6.
    (d) Forty Mile Component of National Wild and Scenic Rivers System. 
The classification of segments of the Forty Mile Components as Wild 
Rivers shall not preclude access across those river segments where the 
appropriate Federal agency determines such access is necessary to permit 
commercial development of asbestos deposits in the North Fork drainage.

[51 FR 31629, Sept. 4, 1986; 51 FR 36011, Oct. 8, 1986]