[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2361.1]



[Page 89]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 2360_NATIONAL PETROLEUM RESERVE IN ALASKA--Table of Contents

 

Subpart 2361_Management and Protection of the National Petroleum Reserve 

                                in Alaska

 

Sec.  2361.1  Protection of the environment.



    (a) The authorized officer shall take such action, including 

monitoring, as he deems necessary to mitigate or avoid unnecessary 

surface damage and to minimize ecological disturbance throughout the 

reserve to the extent consistent with the requirements of the Act for 

the exploration of the reserve.

    (b) The Cooperative Procedures of January 18, 1977, for National 

Petroleum Reserve in Alaska between the Bureau of Land Management (BLM) 

and the U.S. Geological Survey (GS) (42 FR 4542, January 25, 1977) 

provides the procedures for the mutual cooperation and interface of 

authority and responsibility between GS and BLM concerning petroleum 

exploration activities (i.e., geophysical and drilling operations), the 

protection of the environment during such activities in the Reserve, and 

other related activities.

    (c) Maximum protection measures shall be taken on all actions within 

the Utikok River Uplands, Colville River, and Teshekpuk Lake special 

areas, and any other special areas identified by the Secretary as having 

significant subsistence, recreational, fish and wildlife, or historical 

or scenic value. The boundaries of these areas and any other special 

areas identified by the Secretary shall be identified on maps and be 

available for public inspection in the Fairbanks District Office. In 

addition, the legal description of the three special areas designated 

herein and any new areas identified hereafter will be published in the 

Federal Register and appropriate local newspapers. Maximum protection 

may include, but is not limited to, requirements for:

    (1) Rescheduling activities and use of alternative routes, (2) types 

of vehicles and loadings, (3) limiting types of aircraft in combination 

with minimum flight altitudes and distances from identified places, and 

(4) special fuel handling procedures.

    (d) Recommendations for additional special areas may be submitted at 

any time to the authorized officer. Each recommendation shall contain a 

description of the values which make the area special, the size and 

location of the area on appropriate USGS quadrangle maps, and any other 

pertinent information. The authorized officer shall seek comments on the 

recommendation(s) from interested public agencies, groups, and persons. 

These comments shall be submitted along with his recommendation to the 

Secretary. Pursuant to section 104(b) of the Act, the Secretary may 

designate that area(s) which he determines to have special values 

requiring maximum protection. Any such designated area shall be 

identified in accordance with the provision of Sec.  2361.1(c) of this 

subpart.

    (e)(1) To the extent consistent with the requirements of the Act and 

after consultation with appropriate Federal, State, and local agencies 

and Native organizations, the authorized officer may limit, restrict, or 

prohibit use of and access to lands within the Reserve, including 

special areas. On proper notice as determined by the authorized officer, 

such actions may be taken to protect fish and wildlife breeding, 

nesting, spawning, lambing of calving activity, major migrations of fish 

and wildlife, and other environmental, scenic, or historic values.

    (2) The consultation requirement in Sec.  2361.1(e)(1) of this 

subpart is not required when the authorized officer determines that 

emergency measures are required.

    (f) No site, structure, object, or other values of historical 

archaelogical, cultural, or paleontological character, including but not 

limited to historic and prehistoric remains, fossils, and artifacts, 

shall be injured, altered, destroyed, or collected without a current 

Federal Antiquities permit.