Terminating the National Emergency Declared to Impose Duties on Articles Imported From Canada

Floor Speech

BREAK IN TRANSCRIPT

Ms. MURKOWSKI. Mr. President, I have come to the floor to join my colleague from Alaska Senator Sullivan in support of S.J. Res. 80, as Senator Sullivan explained earlier.

This resolution will disapprove the integrated activity planned by the administration, issued back in 2022, to manage the National Petroleum Reserve in northwest Alaska. He sponsored it and I cosponsored it because the Biden administration imposed this management plan over not only our objections but the objections of leaders from across Alaska's North Slope. The third member of our delegation, Congressman Begich, has introduced H.J. Res. 124, which is identical and is pending in the House of Representatives.

I think it is important to outline a little bit of the history on this issue, but I don't want to go into all of it.

The National Petroleum Reserve in Alaska--we call it NPR-A--is a 23 million-acre tract of land. It is roughly the size of the State of Indiana. It was specifically--specifically--designated for responsible energy development.

The petroleum reserve dates back a century, to President Harding's withdrawal and initial control by the U.S. Navy.

More recently, Congress has come to understand not only the naval value but the national value of the area. They have directed the Department of the Interior to ``conduct an expeditious program of competitive leasing of oil and gas in the Reserve'' to help boost our energy security.

What I just shared there is a word-for-word requirement from existing Federal law, so this is what is in law: ``to conduct an expeditious program of competitive leasing of oil and gas in the Reserve.''

The Department is mandated to do that while protecting important values, including sensitive areas, as well as providing for subsistence use for Alaskans. This is generally Alaskan Natives who live in the North Slope area.

Congress really envisioned this as a balance here, where you had responsible exploration and development moving in tandem with strong environmental protection and subsistence rights. The statute is pretty clear. It kind of spells it out. And we are OK with that. We don't have a problem with that. That is kind of the Alaska way.

But, unfortunately, the Biden administration ignored that. Instead of providing for balanced management, the last administration ignored what I think was a good plan that was already in place. They ignored Federal law. They ignored the congressional delegation. They ignored the people who live on the North Slope. I think they also ignored or overlooked our history of responsible production, our energy security, and they instead prioritized conservation over everything else. So that is why we are here.

The 2022 Integrated Activity Plan cut off access, to cut off leasing, to cut off development in our petroleum reserve. That was not an accident. That was the goal here. That was the intent. The 2022 plan admits--they admit--that it will reduce oil and gas activity, which was fine in the eyes of the Biden administration because, right as they were putting sanctions on Alaska, they were taking them off of places like Iran and Venezuela to free up those nations to produce more.

Let me reiterate how the Biden administration went about doing this. The 2022 plan replaced the 2020 plan, which was put in place after an environmental review process that featured public comment and significant consultation with communities and leaders on the North Slope.

Under that 2020 plan, the BLM concluded that 18.6 million acres--this was 82 percent of the NPR-A--should be open for potential leasing, but in the 2022 plan, just 11.8 million acres--52 percent of the petroleum reserve--were left open for that purpose.

Under the 2020 plan, 4.3 million acres were closed to new infrastructure, with development across millions of additional acres subject to requirements for no surface occupancy, seasonal timing, and other sensible protections, but then the 2022 plan rejected that, closing off 8.3 million acres to any new infrastructure.

The 2020 plan was well received by most Alaskans because it was viewed as balanced. BLM crafted a plan that was, as the Agency wrote at the time, ``suitably specific for broad-scale management decisions. . . . Additional site-specific analysis will occur when BLM receives an application to approve an action on the ground. This will be done through subsequent NEPA reviews and analysis, which will be conducted before BLM issues permits or approvals for any ground disturbing activity.''

In other words, what you had was a high-level management framework. No individual projects were approved. Any seeking to advance would still have to go through a separate permitting process before being allowed to do so.

But unfortunately, BLM abandoned that approach after the Biden administration took office. They didn't base their 2022 plan on any new scientific analysis or new environmental review process; they based it on a political agenda and their preference to what they called ``keep it in the ground.'' They issued a ``determination of NEPA adequacy'' and then went into the 2020 plan and selected a far more restrictive alternative from it.

So with virtually no public process, no public comment, no consultation with Alaska Natives who call the North Slope home, the Biden administration unilaterally cut off access to 6.8 million acres of our petroleum reserve. That is an area that is larger than the individual States of Maryland, Massachusetts, New Hampshire, and Hawaii. It is clearly not what the delegation wanted. It is not what most Alaskans wanted. And, as I explained when discussing the administrative withdrawals in the Central Yukon plan just a few weeks back, it violates multiple Alaska-specific statutes.

I should add that this was just one plank in the Biden administration's plan to shut down development in our petroleum reserve. In addition to cutting off access, they refused to hold a single lease sale in the NPR-A during their time in office. They dragged the Willow Project through years of additional process, sending a signal that nobody else should dare try to develop there. They issued a management rule that turned the law on its head by establishing a presumption against new development. They initiated another process to expand and designate new special areas where no development would be allowed to occur. Then, just a few days before leaving office, an Acting Deputy Secretary issued a memo with interim management measures to further tilt the balance away from any potential development.

So what you had was an administration that wanted nothing to do with responsible development in Alaska's petroleum reserve, and that was enough to cause some whiplash for those of us who not only know the law but also remember the Obama-Biden administration repeatedly urging companies: Go over there. Go to the National Petroleum Reserve.

This was the big fight over ANWR. They said: Don't go to ANWR; go to NPR-A.

I have kind of outlined the history of this, some of the politics of it, but I would suggest that folks just shouldn't take the delegation's word for it either. We received a letter from the North Slope trilateral. This is the political leadership on the North Slope consisting of the North Slope Borough, the Inupiat Community of the Arctic Slope, and the Arctic Slope Regional Corporation. They weighed in with their strong support for this disapproval resolution.

In their words:

The NPR-A lies entirely within the homelands of the North Slope Inupiat. Congress established the NPR-A with a clear purpose: to ensure energy security for the Nation while respecting the needs of Alaska Natives.

Despite that, the 2022 plan ``imposed sweeping restrictions that curtail responsible development, undermine congressional intent, and disregard the well-being of the people who depend on these lands for both subsistence and livelihoods.''

The letter then goes on to explain how the impacts of the 2022 plan ``are especially severe for the North Slope. Oil and gas development in the NPR-A funds the Borough's schools, emergency services, and infrastructure. It supports jobs for Inupiaq shareholders and residents. It underwrites the continuation of our communities, even as we maintain our subsistence way of life. By arbitrarily locking away vast portions of the NPR-A, BLM's rule threatens these essential services and imposes disproportionate burdens on our people.''

Equally concerning, BLM failed to engage in meaningful government-to-government consultation with ASRC, the Borough, and ICAS. This omission contradicts federal consultation requirements and disregards the voices of the very communities most affected. Our leadership has consistently raised concerns about this process and its outcomes, yet those concerns were ignored.

I think the words from the North Slope trilateral are particularly strong and powerful, and I thank them for their leadership on the issues.

There is a good chance you will see Senator Sullivan and me here on the floor of the Senate seeking to disapprove any administrative action that unreasonably restricts access to public land in our home State. That is exactly what happened in this 2022 plan. Like we saw so much in the Biden administration, it lacked balance, and it failed to adhere to the law.

We feel pretty strongly back home that we don't need Washington, DC, to try to protect Alaska from Alaskans. We need Washington, DC, to understand that no one--no one--cares more about Alaska, our lands, than those who live there and to partner with us on the balanced management of our lands. That is true across our State, and that is true within the NPR-A.

We had a good framework for responsible development in our petroleum reserve back in 2020. Today, we can vote to nullify the 2022 replacement and go back to it.

I would urge my colleagues, when we have this measure before us tomorrow--I would urge support for the resolution.

Re Support for S.J. Res. 80 and H.J. Res. 124--Congressional Review Act Disapproval of the BLM NPR-A Integrated Activity Plan (IAP) Record of Decision (ROD). Hon. Lisa Murkowski, U.S. Senate, Washington, DC. Hon. Dan Sullivan, U.S. Senate, Washington, DC. Hon. Nicholas Begich III, House of Representatives, Washington, DC.

Dear Senators Murkowski, Sullivan, and Representative Begich: On behalf of the North Slope Inupiaq leadership-- including Arctic Slope Regional Corporation (ASRC), the North Slope Borough (Borough), and the Inupiat Community of the Arctic Slope (ICAS)--we write in strong support of S.J. Res. 80, introduced by Senators Sullivan and Murkowski, and H.J. Res. 124 in the House, each providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to the ``National Petroleum Reserve in Alaska Integrated Activity Plan Record of Decision.'' Background

The North Slope Inupiat have called the Arctic home for over 10,000 years. We are proud of our self-determination efforts to ensure future generations of Inupiat continue to reside in our communities and have access to essential services. Without a stable economy, our communities will suffer, along with our ability to fully engage in and sustain our Inupiaq cultural traditions, including our vital subsistence way of life.

The North Slope of Alaska spans an area nearly the size of the state of Minnesota and, within that expansive area, there are eight Inupiaq communities--Anaktuvuk Pass, Atqasuk, Kaktovik, Nuiqsut, Point Hope, Point Lay, Utqiagvik, and Wainwright. None of our communities are connected by a permanent road system; all supplies must be flown or barged in, making the cost of living extremely high and economic opportunities generally low.

Over fifty years ago, the Federal Government directed Alaska Native people to organize into a new structure of indigenous representation. The Alaska Native Claims Settlement Act of 1971 (ANCSA) was a dramatically different and transformative approach by the Federal Government to federal Indian policy. The fact that our ancestral lands were claimed by the Federal Government before our people had a right to settle aboriginal land claims should inform every decision the Federal Government makes in managing those lands.

Unlike the Lower 48 model of indigenous representation where tribal governments typically administer the delivery of services such as healthcare, public safety, education, land management, and economic development, the passage of ANCSA created a shared system of Alaska Native representation and delivery of services. Our region has a multitude of Alaska Native entities that work together to effectively serve, provide for, and enrich the lives of the North Slope Inupiat we represent. Our three regional entities, the ICAS, the Borough, and ASRC are three of those entities. While our roles differ, our constituencies overlap, which is why we work closely together to protect the cultural and economic interests of the North Slope Inupiat.

While our leaders over fifty years ago were initially wary of any development on our lands, our Inupiaq leaders have spent decades prioritizing open communication and transparency in planning with industry. We have exercised true self-determination through a unique framework of Alaska Native governance--a framework that relies on our tribal governments, municipal governments, and Alaska Native corporations established by Congress to serve our indigenous constituents. For millennia, Inupiaq ingenuity has transformed our relationship with industry into a partnership that has both protected our environment and our way of life and has brought significant economic benefits to the region that would have otherwise been absent. Our North Slope residents are keenly aware that advances in our communities-- running water, local schools, health care, public safety, electricity, and more--have come because of the coordination and cooperation of Alaska Native leaders and entities across the region. ICAS

Established in 1971, the Inupiat Community of the Arctic Slope is the federally recognized regional tribal government for the North Slope and represents over 14,000 Inupiaq tribal members. The mission of ICAS is to exercise its sovereign rights and powers for the benefit of tribal members, to conserve and retain tribal lands and resources including subsistence. For millennia Inupiaq ingenuity has transformed our relationship with industry into a partnership that has both protected our environment and our way of life and has brought significant economic benefits to the region that would have otherwise been absent. Our North Slope residents are keenly aware that advances in our communities--running water, local schools, health care, public safety, electricity, and more--have come because of the coordination and cooperation of Alaska Native leaders and entities across the region. Borough

The Borough is a home rule government located above the Arctic Circle that represents roughly 10,000 residents. The Borough's jurisdiction includes the entire National Petroleum Reserve-Alaska (NPR-A) and the eight villages within it. In 1972, the North Slope Inupiat formed the Borough, in part, to ensure our communities would benefit from oil and gas development on their ancestral homelands. It was the first time Alaska Natives took control of their destiny using a regional municipal government. The Borough exercises its powers of taxation, property assessment, education, and planning and zoning services to serve our communities. Taxes levied on oil and gas infrastructure, not development, have enabled the Borough to invest in public infrastructure and utilities, support education, and provide police, fire, emergency, health, and other services. Elsewhere in rural Alaska, these services are typically provided primarily by the State or Federal Government, or both. ASRC

ASRC is a for-profit, land-owning Alaska Native regional corporation formed pursuant to ANCSA. ASRC represents the same region as the Borough and ICAS, and the same eight villages whose residents are predominantly Inupiat, and who comprise many of our over 14,000 Alaska Native shareholders. ASRC holds the title to approximately five million acres of land on the North Slope, including both surface and subsurface lands. These lands--the ancestral lands of the North Slope Inupiat--were conveyed to ASRC by the United States pursuant to ANCSA to provide for the economic and cultural well-being of our Inupiaq shareholders.

ASRC is committed to both providing sound financial returns to our shareholders, through jobs and dividends, and to preserving our Inupiaq way of life, culture, and traditions, including the ability to maintain a subsistence lifestyle that supports our communities. In furtherance of this congressionally mandated mission to provide benefits to our shareholders, ASFIC conducts and continues to invest in a variety of activities related to infrastructure and natural resource development and other economic initiatives.

ASRC's perspective is based on the dual realities that our Inupiaq culture and communities depend on a healthy ecosystem and subsistence resources, as well as infrastructure and resource development as the foundation of sustainable North Slope communities. Disapproval of the 2022 NPR-A IAP ROD

The NPR-A lies entirely within the homelands of the North Slope Inupiat. Congress established the NPR-A with a clear purpose: to ensure energy security for the Nation while respecting the needs of Alaska Natives. Instead, the 2022 Record of Decision (ROD) issued by BLM has imposed sweeping restrictions that curtail responsible development, undermine congressional intent, and disregard the well-being of the people who depend on these lands for both subsistence and livelihoods.

The impacts of the 2022 ROD are especially severe for the North Slope. Oil and gas development in the NPR-A funds the Borough's schools, emergency services, and infrastructure. It supports jobs for Inupiaq shareholders and residents. It underwrites the continuation of our communities, even as we maintain our subsistence way of life. By arbitrarily locking away vast portions of the NPR-A, BLM's rule threatens these essential services and imposes disproportionate burdens on our people.

Equally concerning, BLM failed to engage in meaningful government-to-government consultation with ASRC, the Borough, and ICAS. This omission contradicts federal consultation requirements and disregards the voices of the very communities most affected. Our leadership has consistently raised concerns about this process and its outcomes, yet those concerns were ignored.

The 2022 ROD ignores congressional intent under ANCSA, the Alaska National Interest Lands Conservation Act of 1980 (ANILCA), the National Petroleum Reserve Production Act of 1976 (NPRPA), and the Omnibus Appropriations Act of 1980. The 2022 ROD also disregards the economic needs of North Slope communities, and creates unnecessary obstacles to infrastructure, energy, and community health across the North Slope of Alaska. Support for S.J. Res 80 and H.J. Res. 124

For these reasons, our trilateral organizations strongly support passage of S.J. Res. 80 and H.J. Res. 124 to disapprove the 2022 NPR-A IAP ROD. Overturning this rule is necessary to restore balance to federal policy, reaffirm Congress's intent for the NPR-A, and uphold the economic, cultural, and subsistence well-being of the North Slope Inupiat.

Our identity, resilience, and survival are deeply rooted in our traditional lands that the NPR-A boundaries encompass. We take great pride in our ongoing efforts toward self- determination, focused on securing a future where future generations of Inupiat can continue to live in our communities with access to the essential services they need to thrive. We thank you for your leadership on this important resolution and look forward to continued collaboration to ensure that federal policies in the NPR-A reflect both national priorities and the needs of the people who call the Arctic home. Sincerely, Nicole Wojciechowski,

President, Inupiat Community of the Arctic Slope. Josiah Patkotak,

Mayor, North Slope Borough. Rex A. Rock, Sr.

President and CEO, Arctic Slope Regional Corporation.
BREAK IN TRANSCRIPT

Source