Alaska Delegation says Ambler Road is guaranteed by Congress; Alaska Natives come out for, against road.

Roughly a year and a half after suspending the previously issued federal permits to build a 211-mile industrial access road to the Ambler Mining District, the U.S. Bureau of Land Management has published a draft supplemental environmental impact statement for a transportation corridor that would link the metal-rich region of Northwest Alaska to global markets.

Permits for the Ambler Access Project were originally authorized by BLM and the National Park Service under the Trump administration. After President Biden took office, however, the Department of Interior determined that the BLM did not appropriately evaluate the effects the proposed Ambler Road might have on subsistence uses and did not adequately consult with Alaska Native tribes prior to authorizing permits for the Ambler Road.

Since early last year, BLM has been carrying out a reanalysis of the proposed road that included further analysis of subsistence, as well as additional tribal consultation.

"The latest draft includes additional data and analysis informed by robust Tribal consultation and cooperation, on-the-ground perspectives, and public input," said BLM Alaska State Director Steve Cohn.

While the supplemental review of the Ambler Road is predicated on further tribal consultation, many see this as a tactic to delay and potentially reverse authorizations for access needed to develop mines rich in copper, zinc, and other metals critical to the U.S.

"One of America's greatest strengths over our adversaries is our energy and critical minerals," Sen. Dan Sullivan, R-Alaska, said on Oct. 13. "Remarkably, the Biden administration has sought to unilaterally disarm these strengths, including with today's Ambler Road supplemental EIS, which sets up more hurdles to access one [of] the biggest deposits of much-needed critical minerals in our country."

Alaska Native perspectives

Over the past two years, a growing number of Alaska Natives who live in villages closest to the proposed road have come out in support of industrial access to the Ambler Mining District in Northwest Alaska.

"The voices opposing the Ambler Access Project have overlooked the growing support for the project among tribal communities. Most of these voices are not from the region," Vincent Simon Sr., a former chief and second chief for Allakaket Village, penned in an Oct. 14 editorial in the Alaska Daily News. "Eleven of the villages closest to the project have voiced their support for the permitting process to proceed."

This includes Allakaket and the nearby village of Huslia, which both unanimously voted to withdraw from a lawsuit against the previous federal decision to issue permits for the Ambler Road.

"This change is the result of improved communication between the project proponents, tribal leaders and communities, along with commitments that the proposed road will follow," Simon wrote.

Tanana Chiefs Council, an Interior Alaska Native non-profit corporation that brought the lawsuit, says the BLM SEIS reinforces its opposition to the proposed Ambler Road but does not go far enough.

"Despite the shortcomings in the analysis, it is nonetheless clear, clear that the no-action alternative is the only reasonable choice. Based on the significant impacts described in the SEIS, it would be irresponsible for agency officials to choose any of the action alternatives," said Tanana Chiefs Conference Chief and Chairman Brian Ridley.

The no-action alternative mentioned by Ridley would mean no permitting decisions would be made and the road could not be built.

Many who live in the area near the road, however, believe that the proposed road would bring economic benefits that would allow residents to afford to stay in the region and carry out their subsistence lifestyle.

"The AAP is threatened by the current legal wrangling and roadblocks being created by opponents to the project and federal agencies. This threatens the investment and progress that the project can deliver to our region," Simon penned in his editorial. "Time is of the essence; our villages suffer economically and our residents are struggling. The authorities must listen to the voices who have lived on these lands and stewarded Alaska for time immemorial."

Rep. Mary Peltola, D-Alaska, addressed both the local economic benefits and national need for access to the Ambler District in her response to BLM's completion of the draft SEIS.

"Projects in the Ambler mining district could create good-paying jobs for local communities while also developing an Alaska-based supply chain for the critical minerals our country needs to compete with China and create a cleaner energy grid," she said. "I will continue to encourage the Interior Department to complete this process without further delays."

No action a non-starter?

While no action is always an alternative put forward in environmental impact statements prepared under the National Environmental Policy Act (NEPA), many experts believe this is not a legal alternative for the Ambler Road due to a longstanding congressional mandate.

In 1980, Congress included special provisions in the Alaska National Interest Lands Conservation Act (ANILCA) to guarantee authorizations of surface access to the Ambler District.

Section 201 (4) of ANILCA reads, "Congress finds that there is a need for access for surface transportation purposes across the Western (Kobuk River) unit of the Gates of the Arctic National Preserve (from the Ambler Mining District to the Alaska Pipeline Haul Road) and the Secretary shall permit such access in accordance with the provisions of this subsection."

This congressional guarantee of access to the Ambler Mining District was addressed by the Alaska Delegation in response to the release of the draft Ambler Road Supplemental EIS.

"This road is guaranteed under federal law and will facilitate access to crucial supplies of copper, cobalt, gallium, germanium, and other minerals that our nation currently imports from abroad," said Sen. Lisa Murkowski, R-Alaska. "This is particularly important as China cuts off exports of gallium and germanium, cobalt is produced through modern-day slavery in the DRC, and some of our best analysts are forecasting shortages of copper within a decade."

All the metals mentioned by Alaska's senior senator, along with zinc, silver, and gold, are found within the high-grade deposits proposed to be mined in the Ambler District.

Sulivan says "this supplemental EIS is almost certainly counter to ANILCA, which mandates that the Interior Secretary 'shall' grant an Ambler Road right-of-way not subject to judicial review."

No preferred alternative

In addition to no action, BLM included three alternatives that involve different Ambler Road routes:

• Alternative A: This is the 211-mile road that was previously approved and the preferred route of the Alaska Industrial Development and Export Authority (AIDEA), which would build the road and recoup expenses from tolls charged to mining companies.

• Alternative B: This follows a similar route as Alternative A but includes a jog to the south to minimize the amount of National Park Service land crossed and to avoid large waterbodies. This alternative adds about 17 miles to the route, resulting in 228 miles of new road to be constructed.

• Alternative C: This route would depart the Dalton Highway about 100 miles south of the other alternatives and extend northwest to the Ambler District. This route would require 332 miles of road to be built.

Interestingly, BLM did not include a preferred alternative in its draft Ambler Road Supplemental EIS. While a preferred alternative is not mandatory for a draft EIS, one would be expected for a project with as much analysis and public input as the Ambler Road.

The public has another 60 days to submit additional input on the Ambler Road during a public comment period scheduled to run from Oct. 20 to Dec. 19.

Fred Sun, tribal president for the Alaska Native Village of Shungnak, which lies about 15 miles from the west end of the proposed Ambler Road and about 25 miles from the first proposed mine in the Ambler District, is already letting his voice be heard.

"Policymakers should listen to the voices of the people who have lived on these lands and stewarded Alaska for decades," he said. "The road has the potential to bring our communities access to more affordable goods, fuel, and housing. And our people will benefit from high-paying jobs right here in our region, which will allow families to remain in our communities and afford the supplies needed to continue our subsistence way of life."

The final EIS and record of decision on the reevaluated Ambler Access Project is currently expected to be completed by mid-2024.

Alaska Industrial Development and Export Authority

Click on image for larger map of the proposed Ambler Road.

Author Bio

Shane Lasley, Publisher

Over his more than 16 years of covering mining and mineral exploration, Shane has become renowned for his ability to report on the sector in a way that is technically sound enough to inform industry insiders while being easy to understand by a wider audience.

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