Too Much “Notice and Comment”: Consequences of the Administrative Procedure Act of 1946 on Arctic Research’s Engagement with Indigenous Communities in Alaska

Abstract:

The Administrative Procedure Act of 1946 requires Federal Agencies to follow a process referred to as “Notice and Comment” when issuing, amending, or repealing “substantive rules.” Federal Agencies are required to publish their proposed actions in the Federal Register and give the public 30 days to submit feedback. Alaska, also referred to as “America’s Arctic” has an exceptionally high amount of federally managed land per capita. According to census data, 731,545 people live in Alaska. With 222 million acres of federally managed land, this equates to roughly 303 acres per resident. Compare this to the continental U.S. with 326 million people and 418 million acres of federally managed land, equating to 1.3 acres per person. Most of the federally managed land in Alaska is located in rural areas, which has a population of 238,379. With the exceptionally high amount of federally managed land, and the small number of people living in and around these lands, individual rural Alaskan residents are faced with extensive and persistent inquiries for them to provide input, comments, and concerns for what seems like never-ending federal processes and projects. Simply put, rural Alaskan residents, both Indigenous and non-Indigenous, are burnt out on the “Notice and Comment” process. Many residents feel as if their concerns either get ignored, or taken out of context and used against them. This burnout and loss of trust has major implications on how locals engage with federally funded Arctic research. This presentation will highlight how and why the “notice and comment” process negatively impacts federally funded Arctic research efforts using multiple real life examples. This presentation is meant to provide a stepping stone on a path to future Arctic research that is more aware of the context in which it operates.