[Federal Register: October 19, 2005 (Volume 70, Number 201)]
[Page 60845-60846]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Notice of Intent To Prepare an Environmental Impact Statement for 
a Proposed Land Exchange in Yukon Flats National Wildlife Refuge, AK

AGENCY: Fish and Wildlife Service, Department of the Interior.

ACTION: Notice of intent.


SUMMARY: This notice advises the public that the Fish and Wildlife 
Service intends to prepare an Environmental Impact Statement, pursuant 
to the National Environmental Policy Act of 1969 and its implementing 
regulations, for a proposed land exchange and acquisition of certain 
lands owned by Doyon, Limited within the Yukon Flats National Wildlife 
Refuge, Alaska. The Service is furnishing this notice to advise the 
public and other agencies of our intentions and to solicit suggestions 
and information on the scope of issues to be addressed in the 
environmental document. Special mailings, newspaper articles, and other 
media releases will announce opportunities to provide written and oral 
input. Public meetings will be held in the cities of Fairbanks, 
Anchorage, and in communities within and adjacent to the Refuge. The 
Draft Environmental Impact Statement will be available for viewing and 
downloading at http://alaska.fws.gov/nwr/yukonflats/current.htm.

DATES: Public scoping meetings will be scheduled for February in 
Anchorage, Fairbanks, and the communities of Arctic Village, Beaver, 
Birch Creek, Central, Chalkyitsik, Circle, Fort Yukon, Stevens Village, 
and Venetie. Meeting dates, times, and locations will be announced at 
least 30 days prior to the meeting.

ADDRESSES: Address comments, questions, and requests to Cyndie Wolfe, 
Project Coordinator, U.S. Fish and Wildlife Service, 1011 East Tudor 
Rd., MS-231, Anchorage, AK 99503, or yukonflats_noi@fws.gov.

FOR FURTHER INFORMATION, CONTACT: Cyndie Wolfe, Project Coordinator, 
U.S. Fish and Wildlife Service, 1011 East Tudor Rd., MS-231, Anchorage, 
AK 99503, phone number 907-786-3463 or yukonflats_noi@fws.gov. 
Additional information concerning the proposed land exchange can be 
found at http://alaska.fws.gov/nwr/yukonflats/current.htm.

SUPPLEMENTARY INFORMATION: Doyon, Limited (Doyon) is an Alaska Native 
Regional Corporation established under the Alaska Native Claims 
Settlement Act of 1971 (ANCSA; 43 U.S.C. 1601 et seq.) Under the 
authority of ANCSA, Congress granted to Doyon land entitlements within 
an area that became the Yukon Flats National Wildlife Refuge (Refuge) 
in 1980. Doyon has ownership interests in approximately 2.14 million 
acres within the boundaries of the Refuge, including the surface and 
subsurface estates of 1.25 million acres of land, and the subsurface 
estate of another 890,000 acres. An additional 56,517 acres remain to 
be allocated by Doyon to Village Corporations located in the Refuge; 
Doyon would own the subsurface to these lands. Doyon is owned by over 
14,000 Alaska Natives (Native Americans) with ties to a large portion 
of interior Alaska. Approximately 1,000 people reside in several 
communities in the Yukon Flats. Most residents are Alaska Natives and 
many are Doyon shareholders.
    The Yukon Flats Refuge is located in eastern interior Alaska. The 
exterior boundaries include about 11 million acres, of which about 2.14 
million acres are owned by ANCSA Native corporations, including Doyon. 
The Refuge includes the Yukon Flats, a vast wetland basin bisected by 
the Yukon River. The basin is underlain by permafrost and includes a 
complex network of lakes, streams, and rivers. The Refuge supports the 
highest density of breeding ducks in Alaska, and includes one of the 
greatest waterfowl breeding areas in North America.
    Negotiators for Doyon and the Fish and Wildlife Service (Service), 
Alaska Region, have agreed in principle to provide Doyon title to some 
Refuge lands that may hold developable oil and gas resources. In 
exchange, the United States (U.S.) would receive lands currently owned 
by Doyon within the Refuge boundary. These lands include wetlands 
previously identified by the Service as quality fish and wildlife 
habitat. In addition, both parties have agreed to exchange nearly six 
townships (264,000 acres) to consolidate ownerships and facilitate land 
management. All lands acquired by the U.S. would be managed as part of 
the Yukon Flats Refuge. Activities on Doyon lands are not subject to 
regulation by the Service.
    To evaluate the exchange, the Service will prepare an Environmental 
Impact Statement (EIS) in accordance with procedures for implementing 
the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321-
4370d). Appropriate agencies will be invited to participate as 
cooperating or reviewing agencies. National Environmental Policy Act 
compliance is not legally required for land exchanges conducted under 
the provisions of ANCSA and the Alaska National Interest Lands 
Conservation Act (ANILCA; 16 U.S.C. 410hh-410hh-5, 460 mm-460mm-4, 539-
539e, and 3101-3233; also 43 U.S.C. 1631-1642). However, at the request 
of Doyon and the public, the Department of the Interior has agreed to 
evaluate the proposed land exchange through the process of an EIS.
    The EIS will evaluate a range of reasonable alternatives, including 
the following four alternatives. All these alternatives, including the 
``no action'' alternative, could result in oil and/or gas development 
on Doyon-owned lands. Because access to Doyon lands would cross 
federally-owned lands, Doyon would be required to apply for a right-of-
way permit under Title XI of ANILCA. At that time, a separate NEPA 
process would evaluate various transportation/pipeline corridor 
    (1) Equal-value land exchange (based on fair market appraisals) as 
described in the Agreement in Principle (for the full text of the 
Agreement, see http://alaska.fws.gov/nwr/yukonflats/current.htm). Under 

Phase 1 of this agreement, Doyon would receive about 110,000 acres of 
Refuge lands with oil/gas potential and 97,000 acres of oil and gas 
interests (no surface occupancy). In exchange, the U.S. would receive 
from Doyon an equal-value amount of lands (tentatively estimated at 
150,000 acres), with quality fish and wildlife habitats. In addition, 
Doyon would reallocate 56,517 acres of its remaining land entitlement 
outside the Refuge. Both parties would pursue additional township-level 
exchanges to consolidate ownerships. If Doyon discovers and produces 
oil or gas on the lands it acquires in the exchange, the Service would 
receive production payments to be used to: (1) Purchase from Doyon 
certain additional lands or interests therein, within the Refuge, (2) 
purchase land or interests therein, from other willing sellers in other 
national wildlife refuges in Alaska, or (3) to construct facilities in 
Alaska Refuges.
    (2) No action. The U.S. would not enter into a land exchange with 
Doyon. Any oil or gas exploration/development by Doyon within the 
Refuge would be confined to Doyon's current land holdings. Under the 
provisions of

[[Page 60846]]

ANILCA, the Service would be required to provide Doyon with adequate 
and feasible access to its holdings, which could include a road and/or 
pipeline across Refuge lands, if warranted by production.
    (3) Modified land exchange with conservation easements. The land 
exchange would proceed as described in Phase 1 under Alternative 1 
above. In addition, at the time of the initial exchange, Doyon would 
donate to the U.S. conservation easements that preclude development on 
those Doyon lands identified in Phase II of the Agreement in Principle 
(whether or not oil/gas is produced from the exchange lands). If Doyon 
were to produce oil/gas, the U.S. would receive reduced ``production 
    (4) Modified land exchange excluding White-Crazy Mountains. The 
Yukon Flats Comprehensive Conservation Plan and Environmental Impact 
Statement recommended Wilderness designation for a 658,000 acre area in 
the White-Crazy Mountains. Under Alternatives 1 and 3, Doyon would 
receive title to about 26,270 acres of this land; under Atlternative 4, 
these 26,270 acres would be excluded from the exchange. In Phase I of 
the exchange, Doyon would receive approximately 84,000 acres of Refuge 
lands, surface and subsurface. From Doyon, the U.S. would receive an 
equal-value amount of land. Doyon would receive some oil and gas rights 
at the northern edge of the recommended Wilderness area, but only off-
site drilling would be allowed; there would be no surface occupancy by 
Doyon. There would be no access corridor through the Service-
recommended Wilderness area. The land consolidation exchange and 12(b) 
reallocation provisions of Phase I would proceed as detailed in the 
Agreement in Principle. Phase II of the exchange, would proceed as 
detailed in the Agreement, however Doyon's commitment to sell the U.S. 
additional lands would be reduced from about 120,000 acres to about 
80,000 acres.
    The Fish and Wildlife Service released an Evaluation and Review of 
a Proposed Land Exchange and Acquisition of Native Lands on February 3, 
2005, and accepted public comments until July 30, 2005. The Evaluation 
and Review, along with the comments received to date will be used in 
the scoping of a more detailed analysis through the EIS process. The 
Summary of Public Comments on a Proposed Land Exchange, Yukon Flats 
National Wildlife Refuge, 2005 is posted at http://alaska.fws.gov/nwr/yukonflats/current.htm.
 Issues of concern repeatedly identified during 

the public comment period that will be addressed in the EIS may 
include, but are not limited to:
    (1) Refuge Purposes. The potential conflict between the proposed 
land exchange and the purposes of the Refuge;
    (2) Environmental Impacts. The potential for environmental 
degradation and contamination of air, water, and fish and wildlife 
    (3) Subsistence Impacts. The potential for negative effects on 
subsistence resources and increased user conflicts;
    (4) Impacts to Special Designation Areas. The potential for the 
exchange to jeopardize the wilderness character of the Service-
recommended White-Crazy Mountains Wilderness Area and to degrade the 
``wild'' quality of the Beaver Creek Wild River;
    (5) Insufficient Information. The potential that available 
biological, environmental, and socio-economic data may be insufficient 
to analyze the impacts of the exchange;
    (6) Impacts to Rural Communities. The potential for both positive 
and negative impacts on rural communities within the Yukon Flats 
    (7) Loss of Native-owned Lands. There is opposition to the 
divestiture of Native lands within the Yukon Flats region;
    (8) Socio-economic Benefits. The potential for oil development to 
provide high-paying jobs to local residents and strengthen the regional 
economy; and
    (9) Refuge Benefits. The proposed exchange would increase the 
amount of land protected in the Refuge and would facilitate management 
by consolidating both Refuge and private ownerships.

    Dated: September 8, 2005.
Rowan Gould,
Regional Director, U.S. Fish and Wildlife Service, Anchorage, Alaska.
[FR Doc. 05-20883 Filed 10-18-05; 8:45 am]