ANILCA & ANWR

Calm before the STORM!

THE IMPACT OF ANILCA ON THE POTENTIAL DESIGNATION OF THE COASTAL PLAIN OF ANWR AS A NATIONAL MONUMENT ~ Prepared by PATTON BOGGS LLP For THE ALASKA STATE LEGISLATURE ~ September 12, 2000 

 "Alaska's TURNCOAT Delegation, liars and cheaters and more!"

“Sen. Lisa Murkowski said Sunday she fears the Obama administration’s recommendation that Congress designate the entire Arctic National Wildlife Refuge as wilderness is a precursor to the president eventually acting unilaterally under a century-old law. Sunday’s recommendation by the Interior Department, in the form of a final environmental impact statement for the refuge’s management, calls for ANWR to have the most restrictive conservation designation available — wilderness. Obama could, however, put ANWR off limits to development by declaring it a national monument under the Antiquities Act of 1906. Such a move, which would not require congressional approval, has long been the fear of those who want to see oil and gas development in ANWR’s coastal plain, a 1.5 million acre area of ANWR labeled in federal law as a potential site for development. Murkowski, R-Alaska, said she believes the administration is laying the groundwork for that declaration. “I’m more than a little bit paranoid about the actions of this administration regarding Alaska,” Murkowski, chairwoman of the Senate Energy and Natural Resources Committee, said in a Sunday interview with the News-Miner. “I think they are revising their ANWR effort, getting the environmental community geared up for this fight. They are going to press on it, work up public opinion, particularly as there is so much discussion going on about climate change. “When it is clearly evident that nothing will happen in Congress ... then he will do what I fear most: as he leaves office, he is going to utilize the authority of the Antiquities Act and put ANWR in permanent wilderness status and lock it up,” she said. “I am very concerned that that is what he is doing,” she said. The act grants the president the authority “to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest” and to set aside the public land.”

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So, S.U.(Stuck Up) Congressbitchwitchwitch MoanaLisa MurCowpiefly is inciting on-line rig-rat-riots. See, with Obama's interest in setting aside ANWR as a “wilderness”, MurCowpiefly is sending out false messages of revenge along with false accusations and creating a fire-storm of hatred in the social-media “Commenting” arena! When she commented about Obama's option to use the “Antiquities Act” as a one-man show stopper, she was totally...well lying! When the Obama administration most recently discovered that MoanaLisa MurCowpiefly was against “Americans”, with respect to the “Made in America” criteria for the XL Keystone pipeline, Obama took note and maybe this has something to do with an interest in locking up ANWR – as to give it away without an interest in “Americans”, it should be under “lock & key” forever! Seems Obama cares about American jobs and the Alaska delegation cares about “hatred” mongering. So the fact that Obama wants to add “wilderness protection” as part of his legacy, hey that's the privilege of a “Commander-in-Chief” in “Good Standing”. MurCowpiefly's attempt to “belittle” and to “undermine” the president through lies, if not an act of treason – as it creates hatred against the president which is indeed a betrayal agaisnt one's government – it is an action that at least is elevated high-rise enough in violation of that “conviction against eviction” oath and grounds for dismissal – she should be censured and stripped of all committee chair authority. She is not telling the truth with respect to what Obama can and cannot do under the “Antiquities Act”. When there came excitement down in Juneau in 2000 that Bill Clinton was about to use the “Monument” option on ANWR, the state opted to get a legal opinion on what was already formulated in “Public Law”, with the ANILCA Act. She should be aware of this, and Don Young is well aware of this as he was younger then and was not suffering from “Old Bastard” forgetfulness. So the Alaska delegation is either “Stupid”, or just trying to brew up “Hatred” as a means of a “Turncoat” confrontation against Obama. So, the “opine” upon the legal standing of a U.S. President using the “Monument” as a tool to “Lock Down” ANWR, well if you can read, read on and when finished call MoanaLisa MurCowpiefly, call Don Young, call newbie Dan Sullivan and let them know that you are frustrated with their kindergarten “brat” attitudes that has nothing to offer in this matter accept to continue ruining our nation – and promoting hate against a “Great Man”! For MoanaLisa to quote that she has tried to work with this president, well maybe he doesn't like liars and cheaters as company!

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The Honorable Drue Pearce

President, Alaska State Senate

Alaska State Legislature

Re: Designation of ANWR as a National Monument

Dear Senator Pearce:

The Alaska State Legislature requested that Patton Boggs LLP opine as to whether the Alaska National Interest Lands Conservation Act of 1980 (“ANILCA”) would permit the current Administration to designate the coastal plain of the Arctic National Wildlife Refuge as a national monument under authority of the Antiquities Act of 1906. After reviewing the text of ANILCA, its legislative history, prior designations, and potential constitutional arguments, we conclude that, absent congressional approval, ANILCA prevents a permanent designation of a national monument under the Antiquities Act. I have enclosed a memorandum analyzing the issues. In general, we have concluded as follows: 

• The straightforward language of ANILCA says that there can be no further withdrawal of lands in Alaska for a duration of over one year unless Congress concurs.

• Alternatively, that ANILCA sets aside the coastal plain of ANWR for study so that Congress can determine its ultimate status demonstrates that Congress never intended to permit the President exclusive authority to withdraw the area from development.

• ANILCA includes (i) a provision reciting the congressional determination that there should be no further withdrawals of Alaska lands and (ii) terms that prohibit future study of a potential withdrawal without congressional concurrence. Neither of these provisions is consistent with a designation by Presidential fiat under the Antiquities Act.

• If there were any remaining doubt, the legislative history of ANILCA clarifies that the “no more” provision was essential to passage of the legislation and that it was intended to preclude further restrictions upon development of Alaska’s natural resources.

• Section 1326(a) is constitutional. Decisions addressing separation of powers issues do not invalidate ANILCA’s approach to further withdrawals. That Congress must affirm a future withdrawal through a joint resolution presented to the President does not infringe on the authority of the President, and Congress’ broad authority over public lands confirms that the Constitution does not preclude this approach.

Accordingly, we conclude that ANILCA forbids the permanent designation of the coastal plain of ANWR as a national monument under the Antiquities Act absent congressional approval. If you have questions concerning these issues, please contact us.

Sincerely, PATTON BOGGS LLP