§668dd), whereas others think that oil and gas activities can be managed so as to avoid undue harm to wildlife or that U.S. energy needs outweigh conservation concerns. Both the executive branch and Congress have addressed oil and gas activity in the NWRS through
debating the compatibility of oil and gas activities with the purposes of the NWRS; examining the potential economic and energy security benefits of developing oil and gas resources in the NWRS, predominantly in Alaska; and promulgating regulations for oil and gas activities in the NWRS to ensure access to nonfederal mineral rights while attempting to minimize impacts on natural resources, including lands, waters, and wildlife. The 115 th Congress also has considered the regulation of nonfederal oil and gas activities in the NWRS and has enacted legislation to establish a federal oil and gas program in the Arctic National Wildlife Refuge (ANWR) in Alaska. These activities most often occur when rights to the surface and subsurface estates have been severed and FWS has acquired only the surface rights for addition to the NWRS, but valid existing rights to the mineral estate remain in nonfederal ownership. However, in certain cases, such as where the federal leases predate the establishment or expansion of the refuge, there may be federal leases and development on refuge lands. The administration of federal oil and gas resources in the NWRS is delegated to the Bureau of Land Management (BLM), in the DOI, under the Mineral Leasing Act of 1920 (30 U.S.C. Relevant Alaska laws include the Alaska National Interest Lands Conservation Act (ANILCA; P.L. ), among others. This report contains sections on recent developments related to oil and gas wells in the NWRS, nonfederal wells in NWRS units outside of Alaska, federal wells in NWRS units outside of Alaska, nonfederal and federal wells in Alaskan NWRS units, and issues for Congress in considering oil and gas activities in the NWRS. 115-97 , which provides for the creation of an oil and gas program in a portion of the Arctic National Wildlife Refuge (ANWR, or the refuge) in northeastern Alaska. P.L. Nonfederal Oil and Gas Operations in the National Wildlife Refuge System

The FWS "Management of Non-Federal Oil and Gas Rights" rule revised requirements applicable to nonfederal oil and gas activities that occur in the NWRS outside of Alaska. Forty-five NWRS units were reported to have active wells, including 44 with oil and gas wells and 11 with other well types (some units had both oil and gas wells and other well types). For a complete list of NWRS units with nonfederal wells, see Table A-1 . The agency states that the development of oil and gas resources within the NWRS has the potential to "adversely impact [other] refuge resources." BLM regulations provide that any drilling in national wildlife refuges may take place only "with the consent and approval of the Secretary [of the Interior] with the concurrence of the Fish and Wildlife Service as to the time, place and nature of such operations in order to give complete protection to wildlife populations and wildlife habitat on the areas leased." Compatibility of Federal Oil and Gas Activities

Because new development of federal oil and gas resources on refuge lands typically is prohibited, in undertaking such evaluations, it is unclear whether the FWS "concurrence" required in BLM's oil and gas leasing regulations would involve an FWS compatibility determination. Oil and Gas Activities in Alaska in the National Wildlife Refuge System

National wildlife refuges in Alaska are governed by the provisions of ANILCA and other Alaska-specific laws, as well as by general authorities for the NWRS. §§4321-4347). These could include issues related to limits on the footprint of development, other environmental protections, compliance with NEPA, FWS and BLM management roles, judicial review of legal challenges, and treatment of special areas within the Coastal Plain, among other matters.
Oil- and gas-related wells are documented in 110 (approximately 18%) of the 605 units of the National Wildlife Refuge System (NWRS). The U.S. Fish and Wildlife Service (FWS), in the Department of the Interior (DOI), administers the NWRS, which includes primarily national wildlife refuges, along with wetland management districts and waterfowl production areas. The wells in the NWRS most commonly involve nonfederal oil and gas resources but sometimes encompass federal resources. Oil and gas development in the NWRS has the potential to adversely impact wildlife and/or the environment, and some see it as contrary to the mission and purposes for which the NWRS was established. Others think that some levels of oil and gas activity may take place in refuges without harming the system's central mission of wildlife conservation and that such activity could benefit the U.S. economy and provide greater energy security. FWS, which administers nonfederal mineral activities on refuge lands, and the Bureau of Land Management (BLM), which administers federal mineral activities on refuge lands, have developed regulations that seek to minimize the adverse impacts of oil and gas development in the NWRS, among other purposes.
Nonfederal oil and gas activities in refuges most often occur where FWS has acquired surface rights to refuge lands without acquiring mineral rights. In these cases, the entity (such as an individual, corporation, or tribe) that retains a valid existing right to the mineral estate has the right to develop the oil and gas resources pursuant to regulations established by FWS. According to FWS data, there are 107 NWRS units with nonfederal wells, and 45 of these units have active wells. Nonfederal oil and gas activities in the NWRS outside of Alaska are governed by a final rule promulgated by FWS on November 2016, "Management of Non-Federal Oil and Gas Rights."
In contrast to these nonfederal activities, leasing and development of federal oil and gas resources within the NWRS generally is prohibited. The primary exception is when federal oil and gas leases predate the establishment or expansion of an NWRS unit, in which case the lease can be allowed to continue. According to BLM records, outside of Alaska, there are 11 NWRS units with federal oil and gas wells, all of which have at least 1 producing well. BLM regulations require FWS concurrence as to the time, place, and nature of oil and gas activities in refuges, in order to maximize protection for wildlife populations and habitat.
For both federal and nonfederal wells in the NWRS, regulation within Alaska is different from that in the rest of the United States. In addition to general FWS and BLM regulations, these units also are subject to requirements of Alaska-specific laws, including the Alaska National Interest Lands Conservation Act (ANILCA; P.L. 96-487). Within Alaska, Kenai National Wildlife Refuge has both federal and nonfederal oil and gas wells. Three other Alaskan units have nonfederal wells.
Congress has debated both the extent of oil and gas activities in the NWRS and the compatibility of these activities with the NWRS's mission and purposes. One issue that has been debated for many years is whether to allow energy development in the Arctic National Wildlife Refuge in northeastern Alaska. P.L. 115-97, enacted in December 2017, established a federal oil and gas program for a portion of the refuge. Congress may continue to pursue oversight or legislation related to the implementation of this program, including issues related to limits on the footprint of development, compliance with the National Environmental Policy Act (42 U.S.C. §§4321-4347), or judicial review of legal challenges, among other matters. Congress also has addressed FWS's 2016 nonfederal oil and gas rule through both oversight and legislation, and it may continue to consider aspects of these regulations as well as the appropriate role for FWS in overseeing nonfederal oil and gas wells in the NWRS.