Federal Land Agency Blocks Controversial Mining Road in Alaska

The sun sets outside of the northwest Alaska village of Point Hope on Feb. 21, 2024, on the Chukchi Sea. (Ka'ainoa Ravey via AP)

The U.S. Department of the Interior’s Bureau of Land Management (BLM) released two significant decisions on June 28 that will have far-reaching implications for land use and development in Alaska.

Action taken by the BLM includes recommending the continued protection of 28 million acres of public lands that were set aside for conservation and subsistence under the Alaska Native Claims Settlement Act (ANCSA) and rejection of the controversial Ambler Road proposal, which would have included a 211-mile industrial access road through Alaskan land.

“The Department of the Interior takes seriously our obligations to manage America’s public lands for the benefit of all people. In Alaska, that includes ensuring that we consider the impacts of proposed actions on Alaska Native and rural subsistence users,” Secretary of the Interior Deb Haaland said in a statement announcing the decisions.

“Guided by feedback from Tribal Nations, Native Corporations, and the best-available science, the steps we are taking today ensure these important areas remain intact for generations to come.”

In announcing the moves, the department said that the lands affected “are home to key fish and wildlife habitat, sensitive rivers and streams, and other resources that are critical to the state’s subsistence economy and the way of life for Alaska Native communities.”

The federal government touts the move as a win for the environment, while critics lambasted the actions as “unwarranted and unreasonable” politically motivated decisions that could “sabotage” economic opportunities in Alaska.

Ambler Road Project Decision

The Ambler Road Project decision blocks the construction of the proposed 200-plus mile industrial access road intended to connect the Dalton Highway to the Ambler Mining District in north-central Alaska.

The project, spearheaded by the Alaska Industrial Development and Export Authority (AIDEA), is aimed to facilitate mineral exploration and development in the region.

The Ambler Road Project has been a subject of significant controversy and debate since being originally proposed by AIDEA in November 2015 and supplemented in June 2016.

Following litigation and a remand by the U.S. District Court for Alaska, the BLM developed a Draft Environmental Impact Statement (EIS) in 2023, followed by the Final Supplemental EIS in April 2024.

After a review process that included a supplemental impact statement, the BLM decided to deny the application for a right-of-way grant for the Ambler Road Project.

This decision effectively terminates the right-of-way grant that had been issued to AIDEA, marking a significant setback for the project.

“The selection of the ‘No Action’ alternative was informed by public comments and input received, as well as analysis from the Final Supplemental EIS, which found that each of the other alternatives would significantly and irrevocably impact resources, including important subsistence resources, in ways that cannot be appropriately mitigated,” the BLM explained in a press release.

The termination of the right-of-way grant is retroactively effective from Jan. 5, 2021, entitling AIDEA to a refund of any rentals paid under the grant, according to the record of decision released June 28.

Rich Nolan, president and CEO of the National Mining Association, criticized the decision, saying in a statement it was an “unwarranted, unreasonable political decision to block the Ambler Access Project—a project already approved by the appropriate federal agencies.”

Mr. Nolan emphasized the importance of the Ambler Mining District as a secure, reliable U.S. supply chain resource, highlighting the project’s potential to support Alaska’s economic prosperity and job growth while reinforcing U.S. supply chain and national security.

He argued that the decision undermines efforts to build secure mineral supply chains within the United States and pointed out that similar projects are being supported overseas.

“This decision is not only a terrible missed opportunity to reinforce American economic and national security but sabotages a critically important economic opportunity for the people of Alaska,” Mr. Nolan said.

Withdrawals From Public Use

The second federal decision concerned a Final EIS in which the department analyzed the proposed retaining, partially or fully revoking existing withdrawals on 28 million acres of BLM-managed public lands across Alaska—which would affect how the lands are utilized in the future.

The withdrawals have been another contentious issue, with large tracts of land in Alaska set aside under the ANCSA for various uses, including conservation and subsistence.

Section 17(d)(1) of ANCSA allowed the Secretary of the Interior to withdraw large tracts of land in Alaska from public appropriation to protect the public interest and allow for resource assessments and land management planning.

Revoking ANCSA 17(d)(1) withdrawals would have reopened previously protected lands to public land laws, enabling claims for mining, leasing for oil, and gas extraction.

Proponents argued this could lead to increased resource development and economic opportunities, benefiting the state and local communities, while opponents argued it could also disrupt wildlife habitats, affect subsistence activities of indigenous and local communities, and risk disturbing culturally and historically significant sites. The EIS said it took into account a wide range of factors in its comprehensive analysis.

“The Final EIS identifies ‘no action’ as the preferred alternative, which would retain current protections for these lands and avoid potential impacts to natural and cultural resources from future potential development,” the agency said in a statement announcing the decisions.