50 CFR § 37.1 - 37.54 - The National Wildlife Refuge System - Geological and Geophysical Exploration of the Coastal Plain, Arctic National Wildlife Refuge, Alaska

§ 37.1 50 CFR Ch. I (10–1–23 Edition) 37.45 Exploration by the U.S. Geological this program to ascertain the best pos- Survey. sible data and information concerning 37.46 Cost reimbursement. the probable existence, location, vol- 37.47 Civil penalties. ume, and potential for further explo- Subpart F—Reporting and Data ration, development, and production of Management oil and gas within the coastal plain without significantly adversely affect- 37.51 Operational reports. ing the wildlife, its habitat, or the en- 37.52 Records. vironment and without unnecessary 37.53 Submission of data and information. 37.54 Disclosure. duplication of exploratory activities. These regulations prescribe the re- APPENDIX I TO PART 37—LEGAL DESCRIPTION OF THE COASTAL PLAIN, ARCTIC NATIONAL quirements and procedures for obtain- WILDLIFE REFUGE, ALASKA ing authorization for and the conduct of such exploratory activities, and for AUTHORITY: Sec. 1002, Pub. L. 96–487, 94 Stat. 2449, as amended by sec. 110, Pub. L. 97– submitting to the Department the re- 394, 96 Stat. 1982 (16 U.S.C. 3142); sec. 110, sulting data and information. These Pub. L. 89–665, as added by sec. 206, Pub. L. regulations also describe other matters 96–515, 94 Stat. 2996 (16 U.S.C. 470h–2); sec. 401, relating to the administration of the Pub. L. 148, 49 Stat. 383, as amended (16 program. U.S.C. 715s); 31 U.S.C. 9701; 5 U.S.C. 301; 209 DM 6.1. § 37.2 Definitions. SOURCE: 48 FR 16858, Apr. 19, 1983, unless The following definitions are applica- otherwise noted. ble to the sections of this part. NOTE: The information collection require- ments contained in this part do not require (a) Act means section 1002 of the approval by the Office of Management and Alaska National Interest Lands Con- Budget under 44 U.S.C. 3501 et seq., because servation Act, 94 Stat. 2449, as amended there are fewer than 10 respondents annu- by section 110 of Pub. L. 97–394, 96 Stat. ally. 1982, 16 U.S.C. 3142. (b) Adequate protective cover means Subpart A—General Provisions snow or a frostline, or both, sufficient to protect the vegetation and soil from

§ 37.1 Purpose. significant adverse effects due to the These regulations implement the re- operation of surface equipment, as de- quirement of section 1002(d) of the termined by the Regional Director. Alaska National Interest Lands Con- (c) Coastal lagoons means the waters servation Act, 94 Stat. 2450, as amend- and submerged lands between the ed, 16 U.S.C. 3142(d), that the Secretary mainland and the offshore barrier is- establish guidelines governing surface lands that lie between Brownlow Point geological and geophysical exploration and the Aichilik River within the for oil and gas within the coastal plain coastal plain. of the Arctic National Wildlife Refuge. (d) Coastal plain means that area

Section 1002 mandates an oil and gas shown on the map entitled ‘‘Arctic Na- exploration program for the refuge’s tional Wildlife Refuge’’, dated August coastal plain. The program shall cul- 1980, and legally described in appendix minate in a report to Congress which I of this part. contains, among other things, the iden- tification of those areas within the (e) Cultural resource means any dis- coastal plain that have oil and gas pro- trict, site, building, structure, or ob- duction potential, an estimate of the ject significant in American history, volume of oil and gas concerned, the architecture, archeology, engineering description of the wildlife, its habitat, or culture, as determined in accordance and other resources that are within the with 36 CFR 60.6. areas identified, and an evaluation of (f) Department means the Department the adverse effects that the carrying of the Interior and any of its compo- out of further exploration for, and the nent bureaus and offices. development and production of, oil and (g) Director means the Director of the jspears on DSK121TN23PROD with CFR gas within such areas will have on the U.S. Fish and Wildlife Service of his refuge’s resources. It is the objective of authorized representative. 592 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00602 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244 U.S. Fish and Wildlife Serv., Interior § 37.3 (h) Exploration plan means the way in Fish and Wildlife Service, or his au- which a program of exploratory activi- thorized representative. ties is proposed to be arranged and car- (s) Rehabilitation means the act of re- ried out. turning the landform and vegetation to (i) Exploratory activities means surface as near its original shape and condition geological exploration or seismic ex- as practicable, as determined by the ploration or both of the coastal plain Regional Director. and all related activities and logistics (t) Secretary means the Secretary of required for either or both, and any the Interior or his authorized rep- other type of geophysical exploration resentative. of the coastal plain which involves or (u) Service means the U.S. Fish and is a component of an exploration pro- Wildlife Service. gram for the coastal plain involving (v) Solicitor means the Solicitor of surface use of refuge lands and all re- the Department of the Interior or his lated activities and logistics required authorized representative. for such exploration. (w) Special use permit means a rev- (j) Harass means to pursue, hunt, ocable, nonpossessory privilege issued take, capture, molest, collect, harm, in writing by the Regional Director shoot or kill or attempt to engage in and authorizing the permittee to enter any of the preceding by either inten- and use the refuge for a specified period tional or negligent act or omission. to conduct exploratory activities, and (k) Hazardous substances means petro- other activities necessary thereto. leum, petroleum products, toxic mate- (x) Support facilities means facilities rials, chemical effluent, explosives, or on or near the refuge used to provide other materials which are likely to logistical support for the field explor- cause significant adverse effects to the atory activities. refuge’s wildlife, its habitat, the envi- (y) Third party means any person ronment, or humans. other than a representative of the per- (l) Permittee means the person author- mittee or the United States govern- ized by a special use permit issued pur- ment. suant to this part to conduct explor- (z) Waste means all material for dis- atory activities on the coastal plain; card from exploratory activities. It in- any official, employee, contractor, sub- cludes, but is not limited to, human contractor or agent of the permittee or waste, trash, garbage, refuse, fuel of the permittee’s designee; and any drums, shot wire, survey stakes, explo- participant to the permittee’s permit. sives boxes, ashes, and functional and (m) Person means any individual, nonfunctional equipment. partnership, firm, corporation, associa- (aa) Wildlife means fish or wildlife or tion, organization, or agency. both. (n) Plan of operation means detailed procedures, covering a period not to ex- § 37.3 Other applicable laws. ceed 12 months, proposed for executing (a) Nothing in this part shall be con- an exploration plan. strued to relieve a permittee or any (o) Processed, analyzed and interpreted person from complying with any appli- data or information means any data or cable federal laws or any applicable information which results from any state and local laws, the requirements subsequent modification, processing, of which are not inconsistent with this analysis, or interpretation of raw data part. and information by human or elec- (b) Until the litigation between the tronic means, on or off the refuge. United States and the State of Alaska (p) Raw data and information means over title to the submerged lands of the all original observations and record- coastal lagoons, ‘‘United States v. ings in written or electronic form and Alaska’’, Sup. Ct., No. 84, Orig. (1979), is samples obtained during field oper- resolved, the permittee shall satisfy ations. both federal and state requirements for (q) Refuge means the Arctic National conducting oil and gas exploration in Wildlife Refuge. the coastal lagoons. In the event of an jspears on DSK121TN23PROD with CFR (r) Regional Director means the Re- inconsistency between such require- gional Director, Region 7 of the U.S. ments the permittee shall satisfy that 593 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00603 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244

§ 37.4 50 CFR Ch. I (10–1–23 Edition) requirement which provides the great- regulations of this part, the terms and est environmental protection. conditions of its special use permit, the provisions of its approved exploration

§ 37.4 Disclaimer and disqualification. plan and plan or operation, and all rea- (a) Authorization granted under this sonable stipulations, demands and or- part to conduct exploratory activities ders issued by the Regional Director. shall not confer a right to any discov- All actions by the permittee incon- ered oil, gas, or other mineral in any sistent with this part are prohibited. manner. (b) The permittee shall designate a (b) Any person who obtains access general representative who shall be the pursuant to § 37.54 to data and informa- person primarily accountable for man- tion obtained as a result of carrying aging the permittee’s authorized ac- out exploratory activities shall be dis- tivities, and a field representative who qualified from obtaining or partici- shall be the person primarily account- pating in any lease of the oil and gas to able for supervising the permittee’s which such data and information per- field operations, and their alternates. tain. Any person who obtains access to The Regional Director shall be in- data and information obtained as a re- formed of the names, addresses, and sult of carrying out exploratory activi- telephone numbers of the persons des- ties from any person other than the ignated pursuant to this paragraph and permittee who obtained such data and of the procedures for contacting them information shall be disqualified from on a 24-hour basis, including the radio obtaining or participating in any lease frequency for field operations, at the of the oil and gas to which such data time the permittee submits its first and information pertain. plan of operation pursuant to § 37.24. The permittee shall notify the Re- Subpart B—General Requirements gional Director promptly of any changes in such personnel or the proce-

§ 37.11 General standards for explor- dures for contacting them. atory activities. (c) Field operations shall be con- (a) No exploratory activities shall be ducted by the permittee or a designee conducted without a special use per- approved by the Regional Director. As- mit. Requirements and procedures for signment of a designee shall be in a obtaining a special use permit are pre- manner and form acceptable to the Re- scribed in §§ 37.21 through 37.23. gional Director. The Regional Director (b) Exploratory activities shall be shall approve or disapprove a permit- conducted so that they do not: tee’s designee within 30 days following (1) Significantly adversely affect the the receipt of such information as the refuge’s wildlife, its habitat, or the en- Regional Director may require from vironment; the permittee and designee in order to (2) Unnecessarily duplicate explor- reach his decision. Acceptance of a des- atory activities of the permittee or an- ignee to act for the permittee in mat- other permittee; and ters relating to the conduct of explor- (3) Unreasonably or significantly atory activities does not relieve the interfere with another permittee’s ac- permittee of responsibility for compli- tivities. ance with applicable laws, its special (c) Reexamination of an area may be use permit, exploration plan, plan of permitted by the Regional Director if operation, and all reasonable stipula- necessary to correct data deficiencies tions, demands and orders of the Re- or to refine or improve data or infor- gional Director. The designee will be mation already gathered. considered the agent of the permittee (d) Drilling of exploratory wells is and will be responsible for complying prohibited. fully with the obligations of the per- mittee. The serving of stipulations, de-

§ 37.12 Responsibilities of permittee. mands, orders, and notices on the per- (a) The permittee shall comply and mittee’s designee, when delivered per- shall be responsible for the compliance sonally or by radio or mail, will be jspears on DSK121TN23PROD with CFR of its officials, employees, contractors, deemed to be service upon the per- subcontractors and agents with the mittee. The permittee shall notify the 594 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00604 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244 U.S. Fish and Wildlife Serv., Interior § 37.14 Regional Director in writing when as- cordance with paragraph (a) of this sec- signment of a designee has been can- tion. celled. A designee cannot reassign its (c) The requirements of this section designation to another party. The per- do not preclude the permittee from ini- mittee or designee shall notify the Re- tiating field operations as authorized gional Director 10 working days in ad- under its special use permit. vance of its intention to commence (d) All participants shall be bound by field operations for each season that it the regulations of this part, the per- conducts exploratory activities. mittee’s special use permit, approved (d) The permittee shall submit to the exploration plan and plan of operation Regional Director 30 days prior to the and any reasonable stipulations, de- commencement of field operations for mands and orders issued by the Re- each year covered by its exploration gional Director. plan an updated list of the names and

§ 37.14 Bonding. addresses of all persons participating in the exploratory activities covered (a) Before the issuance of its special thereby or sharing in the data and in- use permit, any applicant whose explo- formation resulting therefrom through ration plan has been approved under a cost-sharing or any other arrange- § 37.22 shall furnish to the Service a ment. surety bond of not less than $100,000, or (e) The permittee shall perform oper- other security satisfactory to the Serv- ations and maintain equipment in a ice, to secure performance of its explo- safe and workmanlike manner. The ration plan and plan(s) of operation permittee shall take all reasonable pre- and compliance with the permit and cautions necessary to provide adequate this part. Such surety bond shall be protection for the health and safety of issued by qualified surety companies life and the protection of property and approved by the Department of the to comply with any health and safety Treasury (see Department of the Treas- requirements prescribed by the Re- ury Circular No. 570). Such bond shall be maintained by the permittee for the gional Director. benefit of the Service until the Re-

§ 37.13 Group participation. gional Director notifies the permittee in writing that all terms and condi- (a) To avoid unnecessary duplication tions of its exploration plan, special of exploratory activities, the permittee use permit, plan of operation, and this shall, if ordered by the Regional Direc- part have been met or otherwise con- tor, afford all interested persons, sents to its cancellation or termi- through a signed agreement, an oppor- nation. Any bond furnished or main- tunity to participate in its exploratory tained by a person under this section activities. Within 60 days following shall be on a form approved or pre- such order, the permittee shall provide scribed by the Regional Director. The evidence satisfactory to the Regional Regional Director may require an in- Director of its compliance therewith. crease in the amount of any bond or The permittee shall provide the Re- other security to be furnished and any gional Director with the names and ad- outstanding bond or security or require dresses of all additional participants, a new bond or security whenever addi- as they join. tional coverage is needed to secure per- (b) If, with the approval of the Re- formance of its exploration plan and gional Director, the permittee at any plan(s) of operation and compliance time changes any provisions of its ap- with the permit and this part or is proved exploration plan relating to needed as a consequence of default. areal extent, intensity of exploratory (b) Whenever a permittee’s explo- activities, or logistical support, and ration plan, plan of operation, or spe- the Regional Director determines such cial use permit is revised or modified, changes to be significant, the Regional the permittee shall provide to the Re- Director may require the permittee to gional Director within 30 days there- afford all interested persons another after an acknowledgement by the sur- jspears on DSK121TN23PROD with CFR opportunity to participate in the per- ety that its bond continues to apply to mitted exploratory activities in ac- the exploration plan, plan of operation 595 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00605 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244

§ 37.21 50 CFR Ch. I (10–1–23 Edition) or special use permit, as revised or program of exploratory activities in modified, unless a waiver of notice to such a manner as will satisfy the objec- the surety is contained in the bond or tive and limitations stated in § 37.1. If the surety is not otherwise released by an applicant submits an exploration the revision or modification, or unless plan on May 20, 1983 with the intention the permittee provides to the Service of submitting another exploration plan an increased or additional bond. on March 1, 1984, the applicant shall de- (c) Recovery of the amount specified scribe in its initial plan how its future in the permittee’s bond or other secu- exploratory activities will be inte- rity shall not preclude the Department grated with those proposed under its from seeking specific performance by initial plan. Any applicant submitting the permittee of any obligations not an exploration plan on May 20, 1983 satisfied by enforcement of the bond or which incorporates preliminary field security, or compensation for any dam- investigations and/or surface geologi- ages, losses or costs due to the permit- cal exploration proposed to commence tee’s activities which exceed the before August 1, 1983 may submit a amount recovered, by pursuing the De- written request to the Regional Direc- partment’s legal remedies. tor for an expedited review and ap- proval of that portion of the explo- Subpart C—Exploration Plans ration plan covering such preliminary investigations and/or exploration. Each

§ 37.21 Application requirements. exploration plan submitted must be (a) Prior to submitting an explo- published and be the subject of a public ration plan, applicants may meet with hearing in accordance with require- the Regional Director to discuss their ments of § 37.22(b). proposed plans and exploratory activi- (d) An exploration plan shall set ties and the requirements of this part. forth in general terms such informa- (b) Any person wanting to conduct tion as is required by this part and by exploratory activities may apply for a the Regional Director in determining special use permit by submitting for whether the plan is consistent with approval one or more written explo- this part, including, but not limited to: ration plans, in triplicate, to the Re- (1) The name and address of any per- gional Director, Region 7, U.S. Fish son who will conduct the proposed ex- and Wildlife Service, 1011 East Tudor ploratory activities, i.e., the applicant/ Road, Anchorage, Alaska 99503. To be permittee, and, if that person is an considered, exploration plans covering agency, firm, corporation, organiza- the period from the inception of the tion, or association, the names and ad- program through May 31, 1986, or any dresses of the responsible officials, or, portions thereof, must be received by if a partnership, the names and ad- the Regional Director during normal dresses of all partners; business hours on May 20, 1983; explo- (2) The names and addresses of all ration plans covering exploratory ac- persons planning at the time of plan tivities other than seismic exploration submittal to participate in the pro- for the period from June 1, 1984, posed exploratory activities or share in through May 31, 1986, or any portions the data and information resulting thereof, must be received by the Re- therefrom through a cost-sharing or gional Director during normal business any other arrangement; hours on April 2, 1984; and exploration (3) Evidence of the applicant’s tech- plans covering, but not limited to, seis- nical and financial ability to conduct mic exploration for the period from Oc- integrated and well designed explor- tober 1, 1984, through May 31, 1986, or atory activities in an arctic or sub- any portions thereof, must be received arctic environment and of the appli- by the Regional Director during nor- cant’s responsibility in complying with mal business hours on June 4, 1984. any exploration permits previously (c) In addition to containing the in- held by it; formation required in paragraph (d) of (4) A map at a scale of 1:250,000 of the this section, any exploration plan sub- geographic areas in which exploratory jspears on DSK121TN23PROD with CFR mitted shall describe the applicant’s activities are proposed and of the ap- plan for carrying out an integrated proximate locations of the applicant’s 596 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00606 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244 U.S. Fish and Wildlife Serv., Interior § 37.22 proposed geophysical survey lines, (15) Such other pertinent information travel routes to and within the refuge, as the Regional Director may reason- fuel caches, and major support facili- ably require. ties; [48 FR 16858, Apr. 19, 1983, as amended at 49 (5) A general description of the type FR 7570, Mar. 1, 1984] of exploratory activities planned, in- cluding alternate exploratory methods § 37.22 Approval of exploration plan. and techniques if proposed, and the (a) An exploration plan shall be ap- manner and sequence in which such ac- proved by the Regional Director if he tivities will be conducted; determines that it satisfies the require- (6) A description of how various ex- ments of § 37.21 (c) and (d) and is other- ploratory methods and techniques will wise consistent with the Act and the be utilized in an integrated fashion to regulations of this part. In order to avoid unnecessary duplication of the meet the objective and limitations applicant’s own work; stated in § 37.1, enforce the standards (7) A schedule for the exploratory ac- stated in § 37.11(b), or minimize adverse tivities proposed, including the approx- impacts on subsistence uses, the Re- imate dates on which the various types gional Director may approve or dis- of exploratory activities are proposed approve any exploration plan in whole to be commenced and completed; or in part or may require, as a condi- (8) A description of the applicant’s tion of approval, an applicant to con- proposed communication technniques; duct its exploratory activities in an as- (9) A description of the equipment, signed area or jointly with other appli- support facilities, methods of access cants or to make such modification in and personnel that will be used in car- its exploration plan as he considers rying out exploratory activities; necessary and appropriate to make it (10) A hazardous substances control consistent with this part. No plan shall and contingency plan describing ac- be approved if the applicant submitting tions to be taken to use, store, control, it does not demonstrate to the reason- clean up, and dispose of these materials able satisfaction of the Regional Direc- in the event of a spill or accident; tor its adequate technical and financial (11) A general description of the an- ability to conduct integrated and well ticipated impacts that the proposed ex- designed exploratory activities in an ploratory activities may have on the arctic or subarctic environment, and a refuge’s wildlife, its habitat, the envi- history of responsible compliance with ronment, subsistence uses and needs, any exploration permits that it or its and cultural resources, and a descrip- responsible officials or partners may tion of mitigating measures which will have previously held. be implemented to minimize or avoid (b) Upon receipt of an exploration such impacts; plan submitted in accordance with (12) A description of the proposed § 37.21(b), the Regional Director shall procedures for monitoring the environ- promptly publish notice of the applica- mental impacts of its operation and its tion and text of the plan in the FED- compliance with all regulatory and ERAL REGISTER and newspapers of gen- permit requirements; eral circulation in the State of Alaska. (13) A statement that, if authorized The Regional Director shall determine to conduct exploratory activities, the within 90 days after the plan is sub- applicant shall comply with this part, mitted whether the plan is consistent its special use permit, its approved ex- with this part. The Regional Director ploration plan, plan of operation, and may extend this 90-day period for up to all reasonable stipulations, demands 30 additional days upon written notice and orders issued by the Regional Di- to the applicant. Before making his de- rector; termination, the Regional Director (14) A description of the applicant’s shall hold at least one public hearing jspears on DSK121TN23PROD with CFR proposed data quality assurance and in the State for the purpose of receiv- control program; and ing public comments on the plan and 597 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00607 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244

§ 37.23 50 CFR Ch. I (10–1–23 Edition) may confer with the applicant when- (d) The Regional Director, as a condi- ever he deems it necessary. The Re- tion of approval of any exploration gional Director shall give the applicant plan under this section, shall: written notice of his determination. (1) Require that all data and informa- (c) Whenever the Regional Director tion (including processed, analyzed and disapproves an exploration plan in interpreted information) obtained as a whole or in part, he shall notify the ap- result of carrying out the plan shall be plicant in writing of the reasons for his submitted to the Regional Director, as disapproval. The applicant may request provided in § 37.53; the Director to consider that which (2) Make such data and information was disapproved by the Regional Direc- available to the public, except that any processed, analyzed and interpreted tor by filing a written request with the data or information shall be held con- Director, U.S. Fish and Wildlife Serv- fidential by the Department for a pe- ice, Department of the Interior, Wash- riod of not less than 10 years following ington, DC 20240, within 30 days from the submission of such data or infor- the date of disapproval. Such a request mation to the Regional Director or 2 shall not operate to stay the Regional years following any lease sale includ- Director’s disapproval. The request ing the area within the refuge from shall: which the information was obtained, (1) State fully the basis for the appli- whichever period is longer, as provided cant’s disagreement with the Regional in § 37.54; and Director’s determination; (3) Require that all raw data and in- (2) Include any statement or docu- formation obtained as a result of car- mentation, in addition to that already rying out the plan shall be made avail- submitted by the applicant with its ap- able by the permittee to any person at plication, which demonstrates that the fair cost. applicant’s exploration plan is con- (e) In the course of evaluating an ex- sistent with this part; and ploration plan, the Regional Director (3) Indicate whether or not the appli- shall also evaluate the effect of the cant requests an informal hearing be- proposed exploratory activities on sub- fore the Director. sistence uses and needs, the avail- ability for exploration of alternate The Director shall provide an informal areas within the coastal plain, and al- hearing if requested by the applicant. ternatives to the proposed activities Within 30 days of the receipt of the ap- which would reduce or eliminate the plicant’s request for reconsideration or use of areas within the coastal plain of the applicant’s hearing, if any, needed for subsistence purposes. If the whichever is later, the Director shall Regional Director finds that the explo- affirm, reverse, or modify the Regional ration plan, if approved, would signifi- Director’s determination. Written no- cantly restrict subsistence uses, he tice of the Director’s decision and the shall satisfy the requirement to hold a reasons therefor shall be provided hearing on this issue by incorporating promptly to the applicant. The Direc- it in any hearing held pursuant to tor’s decision shall constitute the final paragraph (b) of this section and shall administrative decision of the Sec- otherwise satisfy the procedural re- retary in the matter. Nothing in this quirements of section 810(a) of the part shall be construed to deprive the Alaska National Interest Lands Con- Secretary or the Assistant Secretary servation Act, 94 Stat. 2427, 16 U.S.C. for Fish and Wildlife and Parks of the 3120, before approving the plan. authority to take jurisdiction at any stage of any appeal or request for re- § 37.23 Special use permit. consideration and render the final deci- (a) Within 45 days, or sooner if prac- sion in the matter after holding any in- ticable, of approving an exploration formal hearing that may be required, plan, or portion thereof, the Regional to review any decision of the Regional Director shall, unless prohibited by Director or Director, or to direct the law, issue a special use permit to au- jspears on DSK121TN23PROD with CFR Regional Director or Director to recon- thorize the permittee to proceed with sider a decision. those exploratory activities described 598 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00608 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244 U.S. Fish and Wildlife Serv., Interior § 37.25 and approved in its exploration plan, or Reconsideration of the Regional Direc- portion thereof, provided that the re- tor’s actions under this section may be quirements of § 37.14(a) have been satis- obtained by employing the procedures fied. The special use permit may con- described in § 37.22(c). tain such terms and conditions and may be amended from time to time as § 37.25 Revision. the Regional Director deems necessary (a) A permittee may request the Re- and appropriate to carry out the Act gional Director for permission to revise and this part. (b) Before issuing a special use per- its approved exploration plan. Until mit to authorize exploration of lands the Regional Director grants the per- within the coastal plain allotted pursu- mittee’s request, no revision of its ex- ant to the Act of May 17, 1906, 34 Stat. ploration plan shall be implemented. 197, as amended by the Act of August 2, Such request shall be deemed to be 1956, 70 Stat. 954, or on lands within the granted on the 10th working day fol- coastal plain the surface estate in lowing its receipt unless the Regional which has been selected by or conveyed Director denies the request; advises the to the Kaktovik Inupiat Corporation permittee that the proposed revision is pursuant to Sections 12 and 14 of the major and, therefore, must satisfy the Alaska Native Claims Settlement Act, publication and hearing requirements 85 Stat. 701 and 702, 43 U.S.C. 1611 and of § 37.22(b) before it can be acted upon; 1613, the Regional Director shall seek by timely written notice extends the the views of the holder of such ap- period for considering the request; con- proved native allotment or the Cor- ditionally approves the proposed revi- poration for the purpose of developing sion with such modifications as he stip- permit conditions designed to mitigate ulates are necessary and appropriate; the effects of such exploration on its or, unconditionally approves the pro- interests. posed revision within a shorter period.

§ 37.24 Plan of operation. No revision of an exploration plan shall be approved that is inconsistent with Each approved exploration plan shall the Act or this part. Approval of any be supplemented by a written plan of revision is subject to the conditions operation for each fiscal year, or por- stated in § 37.22(d) to the extent that tions thereof, covered by the explo- ration plan. Each plan of operation they are pertinent. shall specify the field operations for (b) Upon 10 working days advance no- implementing that exploration plan tice to the Regional Director of its pro- during the year, or portions thereof, posed revision, or within such lesser covered by the plan of operation. Each period as may be concurred in by the plan of operation shall be submitted to Regional Director, a permittee may the Regional Director at least 30 days implement a revision of its plan of op- before field operations are to be com- eration, provided that such revision is menced thereunder, except that any consistent with the exploration plan to plan of operation supplementing a por- which the plan of operation pertains tion of an exploration plan that re- and this part. The Regional Director ceived expedited review and approval may require the permittee to defer, pursuant to § 37.21(c) shall be submitted modify, or rescind such revision when- 10 days before field operations are to be ever he determines that such action is commenced thereunder. A plan of oper- necessary and appropriate to ensure ation shall set forth such specific infor- such consistency. mation as is required by the Regional (c) Reconsideration of the Regional Director in determining whether the Director’s actions under this section plan is consistent with the exploration may be obtained by employing the pro- plan to which it pertains and with this cedures described in § 37.22(c). A request part. The permittee shall make such for reconsideration shall not operate to modifications in its plan of operation as are deemed at any time by the Re- stay the Regional Director’s actions jspears on DSK121TN23PROD with CFR gional Director to be necessary and ap- unless such stay is granted in writing propriate to ensure such consistency. by the Director. 599 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00609 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244

§ 37.31 50 CFR Ch. I (10–1–23 Edition) Subpart D—Environmental determines that the protective cover is Protection no longer adequate. Operation of ground vehicles in the summer is pro-

§ 37.31 Environmental protection. hibited. (a) The permittee shall conduct oper- (3) Movement of equipment through ations in a manner which avoids sig- riparian willow stands shall be avoided, nificant adverse effects on the refuge’s except when approved by the Regional wildlife, its habitat, and environment. Director. The Regional Director may impose (4) Above ground explosive charges stipulations to supplement the permit- shall be utilized in a manner to mini- tee’s special use permit and issue other mize damage to the vegetative mat. orders as needed to ensure that the per- (5) Campsites may be located on mittee’s activities are conducted in a lakes which are frozen throughout, in- manner consistent with this part. If, cluding bottom sediments, on durable after 30 days, or in emergencies such ground, and on lagoons which are fro- shorter periods as shall not be unrea- zen to sufficient depth to ensure safety sonable, following a demand by the Re- of personnel, but shall not be located gional Director, the permittee shall on river ice. Durable ground can in- fail or refuse to perform any action re- clude gravel or sand bars or vegetated quired by this part, its exploration ground with adequate protective cover. plan, plan of operation, special use per- (6) Campsites and trails shall be kept mit, or a stipulation or order of the clean of waste. Refuge Manager, the department shall (7) Gray water may be discharged to have the right, but not the obligation, the surface provided it is filtered, dis- to perform any or all such actions at infected, and not discharged directly the sole expense of the permittee. Prior into lakes and rivers. to making such demand, the Regional (8) The permittee shall take all pre- Director shall confer with the per- cautionary measures necessary to pre- mittee, if practicable to do so, regard- vent and suppress man-caused tundra ing the required action or actions in- fires and shall notify the Regional Di- cluded in the demand. Reconsideration rector of the occurrence of any tundra of the Regional Director’s demands fires immediately or as soon as com- under this section may be obtained by munication can be established. employing the procedures described in (9) Rehabilitation of disturbed sur-

§ 37.22(c). A request for reconsideration face areas shall be accomplished by the shall not operate to stay the Regional permittee in accordance with schedules Director’s demands or the Depart- and a plan required and approved by ment’s performance pursuant to this the Regional Director. Revegetation section unless such stay is granted in shall be accomplished exclusively with writing by the Director. endemic species. (b) Terrestrial environment. (1) Vehi- (10) The permittee shall not harass cles shall be operated in a manner such wildlife in any manner, including, but that the vegetative mat or soil is not not limited to, close approach by sur- significantly damaged or displaced. face vehicles or aircraft. Aircraft Blading of snow on trails or campsites should maintain an altitude of at least shall be limited so as to maintain an 1500 feet above ground level whenever adequate protective cover. practicable. (2) Ground vehicles shall be of the (11) No explosives shall be detonated type causing the least practicable within 1⁄2 miles of any known denning harm to the surface, such as Nodwell brown or polar bear or any muskoxen FN–110 or FN–60 or Bombardier track or caribou herd. vehicles, mobile camps on flexible (12) The permittee shall operate in tracks or skids, vibrator units on flexi- such a manner as not to impede or re- ble tracks or wheels, D–7 Caterpillar strict the free passage and movement tractors, or their equivalent. They of large mammals, including caribou, shall be operated only in the winter muskoxen, moose, polar bear, and and where there is adequate protective brown bear. jspears on DSK121TN23PROD with CFR cover. Vehicle operation shall cease in (13) Feeding of wildlife is prohibited. the spring when the Regional Director This includes the leaving of garbage or 600 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00610 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244 U.S. Fish and Wildlife Serv., Interior § 37.31 edibles in a place which would attract (d) Cultural resources. (1) Prior to im- wildlife. Garbage shall be kept in cov- plementing any plan of operation, the ered animal-proof containers while permittee shall obtain from the Re- awaiting incineration. gional Director copies of the cultural (14) Hunting, fishing, and trapping by resource reconnaissance reports, maps the permittee within the refuge are and other available documents which prohibited during the conduct of ex- identify all known cultural resource ploratory activities. Employing fire- sites and areas of predicted high prob- arms in defense of life and property is ability of containing cultural re- allowed. sources. The Regional Director may (c) Aquatic environment. (1) The per- reasonably restrict or prohibit explor- mittee shall not significantly alter the atory activities in these areas and, in banks of streams, rivers, or lakes while accordance with 36 CFR part 800, there- conducting exploratory activities. by mitigate, minimize or avoid any ad- Crossings of stream, river, or lake verse effects thereon. banks shall utilize a low angle ap- (2) Unless otherwise specified by the proach or, if appropriate, snow bridges. Regional Director, the following prohi- If snow bridges are utilized for bank bitions shall be in effect: protection they shall be free of dirt and (i) No vehicle of any type shall pass debris and shall be removed after use over or through a known cultural re- or prior to breakup each year, which- source site with standing structures; ever occurs first. and (2) No water shall be removed from (ii) No seismic train shall camp on a any subsurface source. Removal of known cultural resource site. water or snow cover from or compac- (3) If any exploratory activities re- tion of snow cover on streams, rivers or quire entry into areas known to con- lakes identified by the Regional Direc- tain historic or archeological re- tor as inhabited by fish shall be prohib- sources, high probability areas, or ited during the winter. areas previously unsurveyed for cul- (3) To protect fish and other aquatic tural resources, prior to the initiation fauna, high explosives shall not be det- of such activities, the permittee shall, onated within, beneath, on or in close if ordered by the Regional Director, lo- proximity to fish-bearing waters unless cate, identify and evaluate properties prior drilling indicates that the water eligible for listing on the National Reg- body, including its substrate, is solidly ister of Historic Places, recover for the frozen. The minimum acceptable offset Department historic and archeological from fishing-bearing waters for various data contained in such properties, and size charges is: take other measures, as directed by the 1 pound charge—50 feet Regional Director, designed to miti- 2 pound charge—75 feet gate, minimize or avoid to the extent 5 pound charge—125 feet practicable any significant adverse ef- 10 pound charge—150 feet fects on them. Such efforts shall be 25 pound charge—250 feet 100 pound charge—500 feet done in a manner prescribed or ap- proved by the Regional Director in ac- Use of a charge in excess of 100 pounds cordance with a programmatic memo- shall be approved by the Regional Di- randum of agreement among the Serv- rector and shall be in a manner pre- ice, the State Historic Preservation Of- scribed or approved by him. ficer and the Advisory Council on His- (4) All operations shall be conducted toric Preservation, and without ex- in a manner that will not impede the pense or liability to the Department. passage of fish, disrupt fish spawning, (e) General. (1) All spills or leakages overwintering or nursery areas identi- of any hazardous substances, fires, fa- fied by the Regional Director or block talities, and any other conditions or change the character or course of, or which threaten the refuge’s resources, cause significant siltation or pollution the environment, or human safety, of any stream, river, pond, pothole, shall be reported by the permittee to the Regional Director immediately or jspears on DSK121TN23PROD with CFR lake, lagoon, or drainage system. (5) Ground vehicles shall not cross as soon as communication can be es- active spring areas. tablished. Other notifications shall be 601 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00611 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244

§ 37.32 50 CFR Ch. I (10–1–23 Edition) made by the permittee as required by fish-bearing watercourses shall be re- applicable laws. moved prior to breakup. (2) All combustible solid waste shall (6) The permittee shall not disturb or be incinerated or returned to the per- damage any geodetic land survey mittee’s base of operations for disposal monuments. If any monument is dis- in accordance with applicable federal, turbed or damaged, the permittee shall state and local standards. All non-com- reestablish it in a manner acceptable bustible solid waste, including, but not to the Regional Director. limited to, fuel drums and shot wire, (7) The timing and location of the shall be returned to the permittee’s detonation of explosives shall be ap- base of operations for disposal in ac- proved in advance by the Regional Di- cordance with applicable federal, state rector. and local standards. (8) No permanent structures or facili- (3) No discharge of petroleum, petro- ties will be erected within the coastal leum products, or toxic materials shall plain. The type and location of tem- be made within the refuge. All haz- porary structures and facilities includ- ing, but not limited to, ice airstrips, ardous subtances utilized and/or gen- for use in support of exploratory activi- erated in conducting exploratory ac- ties must be approved by the Regional tivities shall be contained, controlled, Director. and cleaned up in accordance with the permittee’s approved hazardous sub- § 37.32 Special areas. stances control and contingency plan. Such measures shall take precedence (a) Caribou calving and post-calving over all other matters except human special areas. The Regional Director shall designate within the coastal plain safety. specific caribou calving and post- (4) Unless exigencies warrant, in any calving special areas which shall be field operations employing surface geo- closed to all exploratory activities for logical exploration, the equipment, fa- such periods between May 10 and July cilities, and personnel used within the 15 of each year as those areas are deter- coastal plain shall not exceed that nec- mined by the Regional Director to be essary to support a maximum of 6 si- used for caribou calving and post- multaneously operating surface geo- calving or both so as to ensure that ex- logical survey crews, and in any field ploratory activities do not signifi- operations employing seismic explo- cantly adversely affect calving and ration methods, the equipment, facili- post-calving caribou. No exploratory ties, and personnel used within the activities shall be conducted in such coastal plain shall not exceed that nec- designated areas during such periods. essary to support a maximum of 6 si- (b) Muskoxen calving special areas. multaneously operating seismic survey Whenever he deems it necessary or ap- crews. propriate to ensure that exploratory (5) No fuel storage facilities shall be activities do not significantly ad- placed within the annual floodplain of versely affect calving muskoxen, the fish-bearing watercourses or within 100 Regional Director shall designate with- feet of any other water body, and no in the following areas specific areas vehicle refueling shall occur within which shall be closed to all exploratory such areas except when approved by activities for such periods between the Regional Director. All fuel storage April 15 and June 5 of each year as sites shall be approved by the Regional those areas are determined by the Re- Director. Fuel containers shall be prop- gional Director to be used for erly stored and marked with the per- muskoxen calving. No exploratory ac- mittee’s name, type of fuel, and last tivities shall be conducted in such des- date of filling. All fuel containers with ignated areas during such periods. a storage capacity greater than 55 gal- (1) One generally encompassing the lons shall be of double-wall construc- Tamayariak uplands bordered on the tion. All fuels containers, including east by the Tamayariak River, on the those emptied, shall be capped when northwest by the Canning River, on the jspears on DSK121TN23PROD with CFR not in actual use. All fuel containers east by a north-south line intersecting placed within the annual floodplain of the benchmark ‘‘Can’’, and on the 602 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00612 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244 U.S. Fish and Wildlife Serv., Interior § 37.41 south by an east-west line also inter- holders of approved native allotments secting the benchmark ‘‘Can’’. or the Kaktovik Inupiat Corporation as (2) One generally encompassing the special areas in which exploratory ac- Carter Creek uplands, bordered on the tivities may be prohibited, conditioned east by the Sadlerochit River, on the or otherwise restricted in such manner north by the mainland coastline, on and for such period as prescribed by the the west by Carter Creek, and on the Regional Director to avoid significant south by an east-west line approxi- adverse effects from exploratory activi- mately six miles inland from the coast- ties. line. (f) The Regional Director shall notify (3) One generally encompassing the the permittee of the locations of des- Niguanak hills, bordered on the east by ignated special areas and of the appli- the Angun River, on the north by the cable limitations on its exploratory ac- mainland coastline, on the west by a tivities as far in advance of the effec- line parallel to and two miles west of tive dates of such limitations as is pos- the Niguanak River, crossing portions sible. The Regional Director may mod- of the Okerokovik River, and extending ify or remove such designations and south to the southern boundary of the limitations whenever he determines coastal plain, and on the south by the that they are no longer necessary to southern boundary of the coastal plain. protect the resources or values of such (c) Brown bear and polar bear denning special areas from significant adverse special areas. Whenever he deems it nec- effects. essary or appropriate to ensure that (g) No exploratory activities shall be exploratory activities do not signifi- conducted by any permittee at any cantly adversely affect denning bears, time within 1⁄2 mile of the source of the the Regional Director shall designate Sadleochit Spring or within 1⁄4 mile on within the coastal plain brown bear either side of Sadlerochit Spring Creek and polar bear denning sites within 1⁄2 for a distance of 5 miles downstream mile of which all exploratory activities from its source. shall be prohibited for such periods be-

§ 37.33 Environmental briefing. tween October 1 of one year and April 30 of the following year as are pre- The permittee shall provide opportu- scribed by the Regional Director. nities for the Regional Director to con- (d) Snow goose staging special areas. duct environmental and other perti- Whenever he deems it necessary or ap- nent briefings for all of its personnel propriate to ensure that exploratory involved in field operations prior to activities do not significantly ad- commencement of field work and peri- versely affect staging snow geese, the odically thereafter as the Regional Di- Regional Director shall designate with- rector may determine. The permittee in the general area bordered on the shall require the attendance of its per- east by the Aichilik River, on the sonnel and arrange the time and place north by the mainland coastline, on for such briefings upon the request of the west by the Hulahula River, and on the Regional Director. In addition, the the south by the southern boundary of permittee shall provide a copy of this the coastal plain, specific snow goose part to each employee involved with its staging special areas which shall be exploratory activities. closed to all exploratory activities dur- ing such periods between August 20 and Subpart E—General Administration September 10 of each year as those areas are determined by the Regional § 37.41 Responsibilities of the Regional Director to be used for snow goose Director. staging. No exploratory activities shall The Regional Director is authorized be conducted in such designated areas to approve and disapprove exploration during such periods. plans; issue special use permits; inspect (e) In addition, the Regional Director and regulate exploratory activities; re- may designate specific areas within the quire compliance with the permittee’s coastal plain that are important for approved exploration plan, plan of op- jspears on DSK121TN23PROD with CFR other wildlife or that encompass lands eration, this part, and other statutes the surface estate in which is owned by and regulations under which the refuge 603 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00613 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244

§ 37.42 50 CFR Ch. I (10–1–23 Edition) is administered; and perform all other mittee has failed to comply with its ap- duties assigned to the Regional Direc- proved exploration plan, plan of oper- tor by this part. The Regional Director ation, special use permit, any reason- may issue written or oral stipulations, able stipulation, demand or order of demands and orders to carry out his re- the Regional Director, or any regula- sponsibilities, and amend and termi- tion of this part, the Regional Director nate them as he deems appropriate. may, without any expense or liability Any oral stipulation, demand or order to the Department, suspend activities shall be confirmed in writing within 3 under the plan and/or permit for such working days from its issuance. time, or make such modifications to the plan and/or permit, or both suspend

§ 37.42 Inspection and monitoring. and so modify, as he determines nec- The Regional Director may designate essary and appropriate. Such suspen- field representatives, hereinafter sions shall state the reasons therefore known as Field Monitors, to monitor and be effective immediately upon re- the exploratory activities in the field. ceipt of the notice. Suspensions issued A Field Monitor may exercise such au- orally shall be followed by a written thority of the Regional Director as is notice confirming the action within 3 provided by delegation, except that a days, and all written notices will be Field Monitor may not revoke a per- sent by messenger or registered mail, mittee’s special use permit, and pro- return receipt requested. A suspension vided that any order issued by a Field shall remain in effect until the basis Monitor which suspends all of a per- for the suspension has been corrected mittee’s field activities shall, except in to the satisfaction of the Regional Di- emergencies, require the concurrence rector. For good cause, the Regional of the Regional Director. The Regional Director may also grant at the permit- Director shall have a continuing right tee’s request, a written waiver of any of access to any part of the exploratory provision of its special use permit, so activities at any time for inspection or long as such waiver will not be likely monitoring and for any other purpose to result in significant adverse effects that is consistent with this part. A per- on the refuge’s resources. Reconsider- mittee, upon request by the Regional ation of the Regional Director’s ac- Director, shall furnish lodging, food, tions under this section may be ob- and reasonable use of its communica- tained by employing the procedures de- tion and surface and air transportation scribed in § 37.22(c). A request for recon- systems, to the Field Monitors and sideration shall not operate to stay the other representatives of the United Regional Director’s actions unless such States for the purposes of inspecting stay is granted in writing by the Direc- and monitoring the permittee’s explo- tor. ration activities in the field and for any other purpose consistent with this § 37.44 Revocation and relinquish- part. Whenever possible, the Regional ment. Director shall give advance notice of For nonuse, for failure to comply the need for such services and facili- with § 37.14, or for any action of the ties, including the names of persons to permittee not consistent with this be accommodated. part, the Regional Director may revoke or a permittee may relinquish a special

§ 37.43 Suspension and modification. use permit to conduct exploratory ac- If at any time while exploratory ac- tivities at any time by sending to the tivities are being carried out under an other a written notice of revocation or approved exploration plan and special relinquishment. Such notice shall state use permit, the Regional Director, on the reasons for the revocation or relin- the basis of information available to quishment and shall be sent by reg- him, determines that continuation of istered mail, return receipt requested, further activities under the plan or at least 30 days in advance of the date permit will significantly adversely af- that the revocation or relinquishment fect the refuge’s wildlife, its habitat, or will be effective. Revocation or relin- jspears on DSK121TN23PROD with CFR the environment, or significantly re- quishment of a permit to conduct ex- strict subsistence uses, or that the per- ploratory activities shall not relieve 604 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00614 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244 U.S. Fish and Wildlife Serv., Interior § 37.46 the permittee of the obligation to com- conducting any public hearings there- ply with all other obligations specified on), modifying, and approving or dis- in this part and in its special use per- approving the applicant’s or permit- mit, approved exploration plan and tee’s exploration plan(s); reviewing evi- plan of operation. Reconsideration of dence of the permittee’s compliance the Regional Director’s actions under with any order given by the Regional this section may be obtained by em- Director under § 37.13; preparing and ploying the procedures described in issuing the permittee’s special use per-

§ 37.22(c). A request for reconsideration mit; reviewing and acting on the per- shall not operate to stay the Regional mittee’s plan(s) of operation; inspect- Director actions unless such stay is ing, monitoring, and enforcing the per- granted in writing by the Director. mittee’s compliance with its approved exploration plan(s), plan(s) or oper-

§ 37.45 Exploration by the U.S. Geo- ation, special use permit and this part; logical Survey. performing the permittee’s obligations Notwithstanding the requirement pursuant to § 37.31(a); and identifying, found in § 37.21(b) on when exploration evaluating and preserving historic, ar- plans shall be submitted, the U.S. Geo- cheological and cultural resources in logical Survey may at any time apply areas to be explored by the permittee; for a special use permit to conduct ex- as further delineated by the Regional ploratory activities by submitting for Director. approval one or more exploration plans (b) Each applicant shall submit with in accordance with the requirements of each exploration plan submitted a pay- this part and the Act. No plan sub- ment, the amount of which shall be an mitted by the Survey will be approved estimate made by the Regional Direc- unless (1) no other person has sub- tor of the costs which will be incurred mitted a plan for the area involved by the Department in publishing, re- which satisfies the regulations of this viewing, modifying and approving or part and (2) the information which disapproving the applicant’s explo- would be obtained from the Survey is ration plan. needed to make an adequate report to (1) If the applicant’s plan is dis- Congress pursuant to the Act. Sections approved or if the applicant withdraws 37.13, 37.14, 37.22(d)(3), 37.46, 37.47, and its application before a decision is 37.54(d) and the provisions of reached on its plan, the applicant shall §§ 37.22(d)(2), 37.53(e), and 37.54 on proc- be responsible for such costs incurred essed, analyzed and interpreted data or by the Department in processing the information shall not apply to the Sur- applicant’s application up to the date vey. If authorized to conduct explor- on which the plan is disapproved or the atory activities, the Survey shall com- Regional Director receives written no- ply with this part in all other respects. tice of the applicant’s withdrawal, and All contractors and subcontractors for costs subsequently incurred by the used by the Survey to conduct explor- Department in terminating the appli- atory activities shall be subject to all cation review process. If the costs actu- of the regulations of this part except- ally incurred exceed the estimate paid ing §§ 37.13 and 37.46 and the provisions at the time of application, reimburse- of §§ 37.22(d)(2), 37.53(e), and 37.54 on ment by the applicant of such addi- processed, analyzed and interpreted tional costs shall be due within 30 days data or information. of receiving notice from the Regional Director of the additional amount due.

§ 37.46 Cost reimbursement. If the actual costs incurred are less (a) Each applicant for or holder of a than the estimate paid by the appli- special use permit issued under this cant, the excess shall be refunded to part shall reimburse the Department the applicant. for its actual costs incurred, including, (2) If the applicant’s plan is approved, but not limited to, its direct costs and the applicant shall pay an estimate indirect costs as established by the in- made by the Regional Director of the direct cost rate of the charging bureau costs which will be incurred by the De- jspears on DSK121TN23PROD with CFR or office, in publishing, reviewing partment in preparing and issuing to (which includes, but is not limited to, the applicant a special use permit. The 605 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00615 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244

§ 37.46 50 CFR Ch. I (10–1–23 Edition) first quarterly payment made by the Regional Director by reason of any ad- applicant pursuant to paragraph (c) of justment warranted by paragraph (b) of this section will be adjusted upward or this section or by overpayments or un- downward, as warranted, to accurately derpayments in previous quarters for reflect the actual costs incurred by the which adjustment has not already been Department in processing the permit. made. Upon termination of the permit- If an applicant withdraws after its plan tee’s special use permit, reimburse- is approved, but before its special use ment or refundment of any outstanding permit is issued, the applicant shall be amounts due the Department or the responsible for such costs incurred by permittee shall be made within 180 the Department in preparing the appli- days. cant’s permit up to the date on which (d) Estimates required by this section the Regional Director receives written notice of the applicant’s withdrawal shall be made by the Regional Director and for costs subsequently incurred by on the basis of the best available cost the Department in terminating permit information. However, reimbursement preparation and issuance. shall not be limited to the Regional Di- (3) When two or more applications rector’s estimate if actual costs exceed are filed which the Regional Director projected estimates. determines to be in competition with (e) All payments required by this sec- each other, each applicant shall reim- tion shall be made payable to the Serv- burse the Department for such actual ice. No applicant or permittee shall set costs incurred in processing its explo- off or otherwise deduct any debt due to ration plan and special use permit, if or any sum claimed to be owed to it by issued, except that those costs which the United States from any payment are not readily identifiable with one of required by this section. Overpayments the applicants, shall be paid by each of shall be credited or refunded to the per- the applicants in equal shares. son making them. (c) Upon issuance of a special use per- (f) When through partnership, joint mit, the permittee shall make an ini- venture or other business arrangement tial advance payment covering that more than one person applies for or current fiscal year quarter and quar- participates in a special use permit, terly payments thereafter to cover the each shall be jointly and severally lia- actual costs incurred by the Depart- ble for reimbursing the Department’s ment in administering the permittee’s permit for its duration. Such costs cost under this section. shall include, but are not limited to, (g) Any lodging, food, communica- those direct costs and indirect costs, as tion, and transportation provided by a established by the indirect costs rate of permittee under § 37.42 shall be deemed the charging bureau or office, incurred to be costs paid to the Department in in reviewing and acting on permittee’s kind for services rendered in inspecting plan(s) of operation; reviewing evi- and monitoring the permittee’s explor- dence of the permittee’s compliance atory activities. At the end of each with any order given by the Regional quarter, the permittee shall furnish the Director under § 37.13; preparing and Regional Director with a report, in a issuing the permittee’s special use per- format approved or prescribed by him, mit; inspecting, monitoring, and en- on the goods and services provided dur- forcing the permittee’s compliance ing that quarter, and the names of the with its approved exploration plan, individuals to whom they were pro- plan(s) of operation, special use permit vided. and this part; performing the permit- (h) Any dispute between an applicant tee’s obligations pursuant to § 37.31(a); or permittee and the Regional Director and identifying, evaluating and pre- as to costs actually incurred by the De- serving historic, archeological and cul- partment and charged to the applicant tural resources in areas to be explored or permittee shall be finally decided by the permittee. Each quarterly pay- ment will be paid at the outset of the for the Secretary by the Director, jspears on DSK121TN23PROD with CFR quarter and will cover the estimated using the procedures described in cost of that quarter as adjusted by the § 37.22(c). 606 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00616 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244 U.S. Fish and Wildlife Serv., Interior § 37.47

§ 37.47 Civil penalties. described in paragraph (e) of this sec- tion. (a) This section prescribes the proce- (c) Petition for relief. If the respondent dures for assessing a civil penalty for chooses, he may ask that no penalty be the violation of any provision of an ap- assessed or that the amount be reduced proved exploration plan, any term or and he may admit or contest the legal condition of the special use permit sufficiency of the Solicitor’s charges issued under § 37.23, or any prohibition and allegations of facts, by filing a pe- contained in this part. The civil pen- tition for relief at the address specified alty remedy afforded by this section is in the notice within 45 calendar days in addition to all other remedies avail- from the date thereof. Such petition able to the Secretary. must be received by the Solicitor on or (b) Notice of violation. (1) The notice before the 45th day during normal busi- of violation shall be issued by the So- ness hours. The petition shall be in licitor and served personally or by reg- writing and signed by the respondent. istered mail upon the person named in If the respondent is a corporation, the notice (hereinafter the respondent) partnership, association or agency, the or his authorized representative. The petition must be signed by an officer or notice shall contain: official authorized to sign such docu- (i) A summary of the facts believed ment. It must set forth in full the legal to show a violation by the respondent; or other reasons for the relief re- (ii) A specific reference to the provi- quested. sion, term, condition or prohibition al- (d) Notice of assessment. (1) After 45 legedly violated; and calendar days from the date of the no- (iii) The amount of the penalty pro- tice of violation or any amendment posed to be assessed. The notice may thereof, the Solicitor may proceed to also contain an initial proposal for determine whether the respondent compromise or settlement of the ac- committed the violation alleged and to tion. determine the amount of civil penalty (2) The notice of violation shall also to be assessed, taking into consider- advise respondent of his right to: ation the information available and (i) Respond to the notice within 45 such showing as may have been made calendar days from the date of its by the respondent. The Solicitor shall issuance by: (A) Undertaking informal notify the respondent of his determina- discussions with the Solicitor; (B) Ac- tions by a written notice of assess- cepting the proposed penalty or the ment, which shall also set forth the compromise, if any, offered in the no- basis for his determinations. The no- tice; or (C) Filing a petition for relief tice of assessment shall be served on in accordance with paragraph (c) of the respondent personally or by reg- this section; or istered mail. (ii) Take no action and await the So- (2) The notice of assessment shall licitor’s notice of assessment. Such re- also advise the respondent of his right sponse must be received by the Solic- to request a hearing on the matter in itor on or before the 45th day during accordance with paragraph (e) of this normal business hours at the address section. stated in the notice. (e) Request for a hearing. Within 45 (3) Any notice of violation may be calendar days from the date of the amended, but any nontechnical amend- issuance of the notice of assessment, ment will extend the running of the re- the respondent may request a hearing spondent’s 45 day period for response to be conducted on the matter in ac- from the date of the notice to the date cordance with 5 U.S.C. 554 through 557 of the amendment. by filing a dated, written request for (4) Acceptance of the proposed pen- hearing with the Hearings Division, Of- alty or the compromise, if any, stated fice of Hearings and Appeals, Depart- in the notice of violation shall be ment of the Interior, 801 North Quincy deemed to be a waiver of the notice of Street, Arlington, Virginia 22203. Such assessment required in paragraph (d) of request must be received at this ad- jspears on DSK121TN23PROD with CFR this section and of the respondent’s dress on or before the 45th day during right to an opportunity for a hearing normal business hours. The respondent 607 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00617 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244

§ 37.47 50 CFR Ch. I (10–1–23 Edition) shall state the respondent’s preference parties, their representatives and wit- as to the place and date for a hearing. nesses. Failure to appear at the time The request must enclose a copy of the set for hearing shall be deemed a waiv- notice of violation and the notice of as- er of the right to a hearing and consent sessment. A copy of the request shall to the decision on the record made at be served upon the Solicitor personally the hearing. The judge shall render a or by mail at the address specified in written decision on the record, which the notice of assessment. shall set forth his findings of facts and (f) Finality of decision. If no request conclusions of law and the reasons for a hearing is filed in accordance therefore, and an assessment of a civil with this section, the assessment stat- penalty if he determines that the re- ed in the notice of assessment shall be spondent committed the violation effective and constitute the final ad- charged. ministrative decision of the Secretary (3) Discovery shall be obtained by on the 45th calandar day from the date employing the procedures described 43 of the notice of assessment. If the re- CFR 4.1130 through 4.1141. In addition, quest for hearing is timely filed in ac- discovery of facts known and opinions cordance with this section, the date of held by experts, otherwise discoverable the final administrative decision in the under 43 CFR 4.1132(a) and acquired and matter shall be as provided in para- developed in anticipation of adminis- graph (g) or (h) of this section. When a trative adjudication or litigation, may civil penalty assessed under this sec- be obtained only as follows: tion becomes final, the respondent (i)(A) A party through interrog- shall have 20 calendar days from the atories require any other party to iden- date of the final administrative deci- tify each person whom the other party sion within which to make full pay- expects to call as an expert witness, to ment of the penalty assessed. Payment state the subject matter on which the will be timely only if received in the expert is expected to testify, and to Office of the Solicitor during normal state the substance of the facts and business hours on or before the 20th opinions to which the expert is ex- day. pected to testify and a summary of the (g) Hearing. (1) Upon receipt of a re- grounds for each opinion. quest for a hearing, the Hearings Divi- sion will assign an administrative law (B) Upon motion, the administrative judge who shall have all the powers ac- law judge may order further discovery corded by law and necessary to preside by other means, subject to such re- over the parties and the hearing and to strictions as to scope and such provi- make decisions in accordance with 5 sions under paragraph (g)(3)(iii) of this U.S.C. 554 through 557. Notice of such section concerning fees and expenses, assignment shall be given promptly to as the administrative law judge may the respondent and to the Solicitor at deem appropriate. the address stated in the notice of as- (ii) A party may discover facts sessment. Upon notice of the assign- known or opinions held by an expert, ment of an administrative law judge to who has been retained or employed by the case, the Solicitor shall file all cor- another party in anticipation of admin- respondence and petitions exchanged istrative adjudication or litigation or between the Solicitor and the respond- preparation therefore and who is not ent which shall become a part of the expected to be called as a witness, only hearing record. upon a showing of exceptional cir- (2) The hearing shall be conducted in cumstances under which it is impracti- accordance with 5 U.S.C. 554 through cable for the party seeking discovery 557 and with 43 CFR part 4 to the ex- to obtain facts or opinions on the same tent that it is not inconsistent with subject by other means. this part. Subject to 43 CFR 1.3, the re- (iii) Unless manifest injustice would spondent may appear in person, by rep- result, (A) the administrative law resentative, or by counsel. The hearing judge shall require the party seeking shall be held in a location established discovery to pay the expert, or the De- jspears on DSK121TN23PROD with CFR by the administrative law judge, giving partment if the expert is an employee due regard to the convenience of the of the United States, a reasonable fee 608 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00618 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244 U.S. Fish and Wildlife Serv., Interior § 37.51 for time spent in responding to para- separate offense. In determining the graphs (g)(3)(i)(B) and (g)(3)(ii) of this amount of such penalty, the nature, section; and (B) with respect to dis- circumstances, extent, and gravity of covery under paragraph (g)(3)(i)(B) of the violation committed, and, with re- this section the administrative law spect to the respondent, his history of judge may require and with respect to any prior offenses, his demonstrated discovery under paragraph (g)(3)(ii) of good faith in attempting to achieve this section the administrative law timely compliance after being cited for judge shall require, the party seeking the violation, and such other matters discovery to pay the other party a fair as justice may require shall be consid- portion of the fees and expenses reason- ered. ably incurred by the latter party in ob- (j) Petition for remission. The Solicitor taining facts and opinions from the ex- may modify or remit, with or without pert. conditions, any civil penalty which is (4) Unless the notice of appeal is filed subject to imposition or which has in accordance with paragraph (h) of been imposed under this paragraph un- this section, the administrative law less the matter is pending in court for judge’s decision shall constitute the judicial review or for recovery of the final administrative decision of the civil penalty assessed. A petition for Secretary in the matter and shall be- remission may be filed by the respond- come effective 30 calendar days from ent with the Solicitor at any time from the date of the decision. the date of the notice of violation re- (h) Appeal. (1) Either the respondent ferred to in paragraph (b) of this sec- or the Solicitor may seek an appeal tion until 90 days after the date of final from the decision of an administrative administrative decision assessing a law judge as to the respondent’s viola- civil penalty. The petition must set tion or penalty or both by the filing of forth in full the legal and other reasons a notice of appeal with the Director, for the relief requested. Any petition Office of Hearings and Appeals, United that is not timely filed will not receive States Department of the Interior, 801 consideration. The Solicitor’s decision North Quincy Street, Arlington, Vir- shall be the final administrative deci- ginia 22203, within 30 calendar days of sion for the Secretary on the petition. the date of the administrative law [48 FR 16858, Apr. 19, 1983, as amended at 67 judge’s decision. Such notice shall be FR 38208, June 3, 2002] accompanied by proof of service on the administrative law judge and the op- posing party. Subpart F—Reporting and Data (2) Upon receipt of such a request, Management the Director, Office of Hearings and Appeals, shall appoint an ad hoc ap- § 37.51 Operational reports. peals board to determine whether an (a) Each permittee shall submit re- appeal should be granted, and to hear ports every 2 weeks on the progress of and decide an appeal. To the extent exploratory activities in a manner and they are not inconsistent herewith, the format approved or prescribed by the provisions of 43 CFR part 4, subpart G Regional Director. These shall include, shall apply to appeal proceedings under but are not limited to, a daily log of this paragraph. The determination of operations, and a report on the dis- the board to grant or deny an appeal, covery of any springs, hydrocarbon as well as its decision on the merits of seeps, and other unusual phenomena. an appeal, shall be in writing and be- (b) Each permittee shall submit to come effective as the final administra- the Regional Director a semiannual re- tive determination of the Secretary in port of exploratory activities con- the matter on the date it is rendered, ducted within the periods from Decem- unless otherwise specified therein. ber through May and June through No- (i) Amount of penalty. The amount of vember. These semiannual reports any civil penalty assessed under this shall be submitted on August 1 and section shall not exceed $10,000 for each February 1 or, as otherwise specified by jspears on DSK121TN23PROD with CFR violation. Each day of a continuing the Regional Director, and shall con- violation shall, however, constitute a tain the following: 609 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00619 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244

§ 37.52 50 CFR Ch. I (10–1–23 Edition) (1) A description of the work per- such data and information within 30 formed; days after the end of the annual quar- (2) Charts, maps, or plats depicting ter during which they become available the areas in which any exploratory ac- to it at every level of data gathering or tivities were conducted, specifically utilization, i.e., acquisition, processing, identifying the seismic lines and the reprocessing, analysis, and interpreta- locations where geological exploratory tion. activities were conducted, and the lo- (b) Each submission of geophysical cations of campsites, airstrips and data or information shall contain, un- other support facilities utilized; less otherwise specified by the Re- (3) The dates on which exploration gional Director, the following: was actually performed. (1) An accurate and complete record (4) A narrative summary of any: (i) of each geophysical survey conducted Surface occurrences of hydrocarbon or under the permittee’s permit, including environmental hazards, and (ii) adverse digital navigational data, if obtained, effects of the exploratory activities on and final location maps of all survey the refuge’s wildlife, its habitat, the stations; and, environment, cultural resources, or (2) All seismic data developed under other uses of the area in which the ac- the permit, presented in a format pre- tivities were conducted; and scribed or approved by the Regional Di- (5) Such other information as may be rector and of a quality suitable for reasonably specified by the Regional processing. Director. (c) Processed geophysical informa- (c) Each permittee shall also submit tion shall be submitted with extra- such other reports as are specified in neous signals and interference removed this part. as much as possible, and presented in a format and of a quality suitable for in-

§ 37.52 Records. terpretive evaluation, reflecting state- The permittee shall keep accurate of-the-art processing techniques. and complete records relating to its ex- (d) Processed, analyzed and inter- ploratory activities and to all data and preted data or information required to information, including, but not limited be submitted by the Act and this sec- to, raw, processed, reprocessed, ana- tion shall include, but not be limited lyzed and interpreted data and infor- to, seismic record sections, and mation, obtained as a result thereof. intepretations thereof; geologic maps, Until September 2, 1989, the Secretary cross sections, and intepretations shall have access to and the right to thereof; maps of gravitational and examine and reproduce any records, pa- magnetic fields and interpretations pers, or other documents relating to thereof; and chemical or other analyses such activities, data and information of rock samples collected on the refuge in order to ascertain the permittee’s and interpretations thereof. compliance with this part, ability to (e) Any permittee or other person perform under any special use permit, submitting processed, analyzed and in- and reliability and accuracy of all terpreted data or information to the data, information and reports sub- Regional Director shall clearly identify mitted to the Regional Director. them by marking the top of each page bearing such data or information with

§ 37.53 Submission of data and infor- the words ’’PROCESSED, ANALYZED mation. AND INTERPRETED DATA OR IN- (a) The permittee shall submit to the FORMATION’’. All pages so marked Regional Director free of charge all shall be physically separated by the data and information obtained as a re- person submitting them from those not sult of carrying out exploratory activi- so marked, unless doing so will destroy ties. Such data and information in- the value or integrity of the data or in- clude copies of all raw data and infor- formation presented. In that event or mation and all processed, analyzed and in the event that an item is submitted interpreted data or information. The which is not susceptible to marking by jspears on DSK121TN23PROD with CFR permittee shall, unless directed other- page, the document or item submitted wise by the Regional Director, submit will be accompanied by a summary 610 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00620 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244 U.S. Fish and Wildlife Serv., Interior § 37.54 identifying the location of all proc- marked and correctly identified in ac- essed, analyzed and interpreted data or cordance with § 37.53(e), until 10 years information which are not segregated after the submission of such data or in- or marked by page, and explaning the formation to the Regional Director or reasons therefore. All pages not until 2 years after any lease sale in- marked with this legend, all other data cluding the area within the refuge from and information not identified as bear- which such data or information were ing such data or information, and all obtained, whichever period is longer, other data and information incorrectly by invoking subsection (e)(2)(C) of the identified as bearing such data or infor- Act and exemption 3 to the Freedom of mation shall be treated as raw data Information Act, 5 U.S.C. 552(b)(3). and information and shall be made Thereafter, the Department shall treat available to the public upon request in such data or information as raw data accordance with § 37.54(a). The Depart- and information. The Department shall ment reserves the right to determine make all other records, except explo- whether any page or item is correctly ration plans which must be published identified as constituting processed, in accordance with § 37.22(b), submitted analyzed and interpreted data or infor- by a permittee or a third party relating mation. to the activities covered by the Act (f) If the permittee proposes to trans- and this part available to the public in fer any data or information covered by accordance with the Freedom of Infor- this section to a third party or the mation Act, 5 U.S.C. 552, and 43 CFR third party proposes to transfer such part 2. data or information to another third party, the transferor shall notify the (b) The Department reserves the Regional Director at least 10 days in right to disclose any data and informa- advance and shall require the receiving tion obtained as a result of carrying third party, in writing, to abide by the out exploratory activities and sub- obligations of the permittee as speci- mitted by a permittee or a third party fied in this section as a condition and any other information submitted precedent to the transfer of such data by a permittee or a third party which or information. may be exempt from public disclosure (g) Upon request by the Department, under the Freedom of Information Act, a permittee shall identify each person 5 U.S.C. 552, to an agent or third party to whom the permittee has provided in order to carry out the Department’s data and information pursuant to statutory authorities. When prac-

§ 37.22(d)(3) and provide a description of ticable, the Department shall notify the area to which such data and infor- the permittee who provided the data or mation pertain. information of its intent to disclose the data or information to an agent or

§ 37.54 Disclosure. third party. Prior to any such disclo- (a) The Department shall make raw sure, the recipient shall be required to data and information obtained as a re- execute a written commitment not to sult of carrying out exploratory activi- transfer or to otherwise disclose any ties and submitted by the permittee or data or information to anyone without a third party available to the public the express consent of the Department. upon submittal to the Congress of the The recipient shall be liable for any un- report required by subsection (h) of the authorized use by or disclosure of such Act in accordance with subsection data or information to other third par- (e)(2)(C) of the Act, this section, and ties. the procedural requirements of the (c) The Department reserves the Freedom of Information Act, 5 U.S.C. right to disclose upon proper request 552, and 43 CFR part 2. The Department any processed, analyzed and inter- shall withhold from the public all proc- preted data and information and any essed, analyzed and interpreted data or other confidential information to the information obtained as a result of car- State of Alaska, to the Congress and rying out exploratory activities and any committee or subcommittee of the jspears on DSK121TN23PROD with CFR submitted by the permittee or a third Congress having jurisdiction over the party, if they have been properly refuge or this exploration program, and 611 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00621 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244 Pt. 37, App. I 50 CFR Ch. I (10–1–23 Edition) to any part of the Executive and Judi- Thence northwesterly, along the northerly cial Branches of the United States for boundary of the Arctic National Wildlife official use. The recipient shall be re- Refuge at the line of extreme low tide on the seaward side of all offshore bars, reefs and is- sponsible for maintaining the confiden- lands, approximately 28 miles, to a point in tiality of such data and information in section 33, T. 9 N., R. 36 E., that is due north accordance with the Act. of the corner of T. 8 N., Rs. 36 and 37 E., (d) Commercial use by any person of Umiat Meridian; data or information obtained as a re- Thence due South, approximately 3⁄4 mile sult of carrying out exploratory activi- to the corner of T. 8 N., Rs. 36 and 37 E., ties and disclosed pursuant to this sec- Umiat Meridian; tion is prohibited. No person shall ob- Thence southerly between Rs. 36 and 37 E., approximately 3 miles to the corner of sec- tain access from the Department, pur- tions 13, 18, 19, and 24, T. 8. N., Rs. 36 and 37 suant to paragraph (a) of this section, E., Umiat Meridian; to any data or information obtained as Thence westerly, between sections 13 and a result of carrying out exploratory ac- 24, approximately 1 mile to the corner of sec- tivities and submitted by the permittee tions 13, 14, 23 and 24, T. 8. N., R. 36 E., Umiat or a third party until such person pro- Meridian; vides the Department with a statement Thence northerly, between sections 13 and certifying that person’s awareness of 14, approximately 1 mile to the corner of sec- tions 11, 12, 13 and 14, T. 8. N., R. 36 E., Umiat the prohibition contained in this para- Meridian; graph and the disqualification stated in Thence westerly, between sections 11 and the first sentence of § 37.4(b). 14, 10 and 15, 9 and 16, 8 and 17, approxi- mately 4 miles to the corner of sections 7, 8,

APPENDIX I TO PART 37—LEGAL DE- 17 and 18, T. 8 N., R. 36 E., Umiat Meridian; SCRIPTION OF THE COASTAL PLAIN, Thence southerly, between sections 17 and ARCTIC NATIONAL WILDLIFE REFUGE, 18, 19 and 20, 29 and 30 to the corner of sec- ALASKA tions 29, 30, 31 and 32, T. 8. N., R. 36 E., Umiat Meridian; Beginning at the meander corner of section Thence westerly, between sections 30 and 35 on the First Standard Parallel North on 31, approximately 1 mile to the corner of sec- the line of mean high water on the left bank tions 25, 30, 31 and 36, T. 8. N., Rs. 35 and 36 of the Canning River, T. 5 N., R. 23 E., Umiat E., Umiat Meridian; Meridian; Thence southerly, between sections 31 and Thence easterly, along the First Standard 36, approximately 1 mile to the corner of Parallel North, approximately 403⁄4 miles to Tps. 7 and 8 N., Rs. 35 and 36 E., Umiat Me- the closing corner of T. 4 N., Rs. 30 and 31 E., ridian; Umiat Meridian; Thence westerly, between Tps. 7 and 8 N., Thence southerly, between Rs. 30 and 31 E., approximately 1 mile to the corner of sec- approximately 6 miles to the corner of Tps. tions 1, 2, 35 and 36, Tps. 7 and 8 N., R. 35 E., 3 and 4 N., Rs. 33 and 34 E., Umiat Meridian; Umiat Meridian; Thence easterly, between Tps. 3 and 4 N., Thence Northerly, between sections 35 and approximately 18 miles to the corner of Tps. 36 and 25 and 26, 23 and 24, approximately 3 3 and 4 N., Rs. 33 and 34 E., Umiat Meridian; miles to the corner of sections 13, 14, 23 and Thence southerly, between Rs. 33 and 34 E., 24, T. 8 N., R. 35 E., Umiat Meridian; approximately 6 miles to the corner of Tps. Thence westerly, between sections 14 and 2 and 3 N., Rs. 33 and 34 E., Umiat Meridian; 23, 15 and 22, 16 and 21, 17 and 20, 18 and 19, Thence easterly, between Tps. 2 and 3 N., 13 and 24, 14 and 23, 15 and 22, 16 and 21, 17 approximately 21 miles to the meander cor- and 20, approximately 10 miles to the corner ner of sections 4 and 33, on the line of mean of sections 17, 18, 19 and 20, T. 8 N., R. 34 E., high water on the left bank of the Aichilik Umiat Meridian; River, Tps. 2 and 3 N., R. 37 E., Umiat Merid- Thence northerly, between sections 17 and ian; 18, approximately 1 mile to the corner of sec- Thence northeasterly, along the line of tions 7, 8, 17 and 18, T. 8 N., R. 34 E., Umiat mean high water on the left bank of the Meridian; Aichilik River, approximately 32 miles to a Thence westerly, between sections 7 and 18, point at the line of mean high tide of the approximately 1 mile to the corner of sec- Beaufort Lagoon, located in section 28, T. 6 tions 7, 12, 13 and 18, T. 8 N., Rs. 33 and 34 E., N., R. 40 E., Umiat Meridian; Umiat Meridian; Thence on an approximate forward bearing Thence southerly, between Rs. 33 and 34 E., of N. 65 degrees E., approximately 7,600 feet approximately 1 mile to the corner of sec- to a point on the northerly boundary of the tions 13, 18, 19 and 24, T. 8 N., Rs. 33 and 34 jspears on DSK121TN23PROD with CFR Arctic National Wildlife Refuge located in E., Umiat Meridian; section 22, T. 6 N., R. 40 E., Umiat Meridian Thence westerly, between sections 13 and at the line of extreme low tide; 24, 14 and 23, 15 and 22, approximately 3 miles 612 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00622 Fmt 8010 Sfmt 8002 Y:\SGML\259244.XXX 259244 U.S. Fish and Wildlife Serv., Interior § 38.1 to the corner of sections 15, 16, 21 and 22, T. tion 35, T. 5 N., R. 23 E., Umiat Meridian, the 8 N., R. 33 E., Umiat Meridian; point of beginning. Thence southerly, between sections 21 and [48 FR 16858, Apr. 19, 1983; 49 FR 7570, Mar. 1, 22, approximately 1 mile to the corner of sec- 1984] tions 21, 22, 27 and 28, T. 8 N., R. 33 E., Umiat Meridian; Thence westerly, between sections 21 and PART 38—MIDWAY ATOLL 28, approximately one mile to the corner of NATIONAL WILDLIFE REFUGE sections 20, 21, 28 and 29, T. 8 N., R. 33 E., Umiat Meridian; Subpart A—General Thence southerly, between sections 28 and 33, 29 and 32, approximately 2 miles to the Sec. corner of sections 4, 5, 32 and 33, Tps. 7 and 38.1 Applicability. 8 N., R. 33 E., Umiat Meridian; 38.2 Scope. Thence westerly, between Tps. 7 and 8 N., approximately 2 miles to the corner of Tps. Subpart B—Executive Authority; Authorized 7 and 8 N., Rs. 32 and 33 E., Umiat Meridian; Powers; Emergency Authority Thence southerly, between section 1 and 6 approximately 1 mile to the corner of sec- 38.3 Executive authority; duration. tions 1, 6, 7, and 12, T. 7 N., Rs. 32 and 33 E., 38.4 Authorized functions, powers, and du- Umiat Meridian; ties. Thence westerly, between sections 1 and 12, 38.5 Emergency authority. approximately 1 mile to the corner of sec- tions 1, 2, 11 and 12, T. 7 N., R. 32 E., Umiat Subpart C—Prohibitions Meridian; Thence northerly, between sections 1 and 38.6 General. 2, 35 and 36, approximately 2 miles to the 38.7 Adopted offenses. corner of sections 25, 26, 35 and 36, T. 8 N., R. 38.8 Consistency with Federal law. 32 E., Umiat Meridian; 38.9 Breach of the peace. Thence westerly, between sections 26 and 38.10 Trespass. 27, 34 and 35, approximately 2 miles to the 38.11 Prostitution and lewd behavior. corner of sections 27, 28, 33 and 34, T. 8 N., R. 38.12 Alcoholic beverages. 32 E., Umiat Meridian; 38.13 Speed limits. Thence southerly, between sections 33 and 38.14 Miscellaneous prohibitions. 34, approximately one mile to the corner of sections 3, 4, 33 and 34, Tps. 7 and 8 N., R. 32 38.15 Attempt. E., Umiat Meridian; 38.16 Penalties. Thence westerly, between Tps. 7 and 8 N., approximately 3 miles to the corner of Tps. Subpart D—Civil Administration 7 and 8 N., Rs. 31 and 32 E., Umiat Meridian; 38.17 General. Thence northerly, between ranges 31 and 32 E., approximately 31⁄2 miles to a point on the AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 460k et northerly boundary of the Arctic National seq., 664, 668dd, 742(f), 3901 et seq.; 48 U.S.C. Wildlife Refuge at the line of extreme low 644a; sec. 48, Pub. L. 86–624, 74 Stat 424; E.O. tide located between sections 13 and 18, T. 8 13022, 61 FR 56875, 3 CFR, 1996 Comp., p. 224. N., Rs. 31 and 32 E., Umiat Meridian; Thence westerly, along the northerly SOURCE: 63 FR 11626, Mar. 10, 1998, unless boundary of the Arctic National Wildlife otherwise noted. Refuge approximately 57 miles along the line of extreme low water of the Arctic Ocean, in- Subpart A—General cluding all offshore bars, reefs, and islands, to the most westerly tip of the most north- § 38.1 Applicability. westerly island, westerly of Brownlow Point, section 6, T. 9 N., R. 25 E., Umiat Meridian; (a) The regulations of this part apply Thence on an approximate forward bearing to the Midway Atoll National Wildlife of S. 561⁄2 degree W. approximately 31⁄4 miles Refuge. For the purpose of this part, to the mean high water line of the extreme the Midway Atoll National Wildlife west bank of the Canning River in section 15, Refuge includes the Midway Islands, T. 9 N., R. 24 E., Umiat Meridian; Hawaiian Group, between the parallels Thence southerly, along the mean high water line of the west bank of the Canning of 28 deg. 5′ and 28 deg. 25′ North lati- jspears on DSK121TN23PROD with CFR River approximately 32 miles to the meander tude, and their territorial seas located corner on the First Standard Parallel North approximately between the meridians at a point on the southerly boundary of sec- 613 VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00623 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244