2026-21300Proposed Rule

Arctic Park Weighs Off-Road Vehicles for Residents' Subsistence Needs

Published Date: 10/19/2026

Proposed Rule

Summary

The National Park Service wants to set rules for off-road vehicle use by Anaktuvuk Pass residents in Gates of the Arctic National Park. They’ll step in only if vehicle use harms health, safety, wildlife, or subsistence activities. Comments on this plan are open until December 18, 2026, with no new fees or costs expected.

Analyzed Economic Effects

5 provisions identified: 3 benefits, 2 costs, 0 mixed.

Anaktuvuk Pass residents may use ORVs

If you are a local rural resident of Anaktuvuk Pass, the rule says off-road vehicles (ORVs) are a permitted means of surface transportation for subsistence purposes inside Gates of the Arctic National Park and Preserve. The rule defines “authorized residents” as local rural residents of Anaktuvuk Pass and allows ORV use only for subsistence activities defined by 36 CFR 13.420.

Mitigation allowed only with strict procedures

If the Superintendent wants to limit ORV subsistence use, they must base it on clear evidence of an adverse impact and write a determination explaining why the measures are the least restrictive option and supported by specific facts. The rule requires at least a 30-day advance notice published in the Federal Register, an invitation to consult, and at least one public hearing before imposing mitigation measures.

Adverse impacts narrowly defined

The rule defines “adverse impact” as a direct significant impact to public health and safety, resources, historic or scientific values, subsistence uses, or endangered or threatened species, and requires impacts to be currently occurring or reasonably foreseeable (not remote or speculative). Mitigation may only be imposed when such an adverse impact is clearly demonstrated.

Emergency restrictions can be short-term

The Superintendent may impose emergency mitigation measures without the 30-day notice or prior consultation if the Regional Director concurs, but those emergency measures must expire after 45 days and notice must be provided as soon as practicable. Emergency measures are therefore temporary by rule.

Recreational ORV use stays banned

The rule makes clear that nothing in the section authorizes recreational off-road vehicle use in Gates of the Arctic National Park and Preserve. ORV use under this section is limited to authorized residents engaged in subsistence uses.

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Key Dates

Published Date
Comments Due
10/19/2026
12/18/2026

Department and Agencies

Department
Independent Agency
Agency
Interior Department
National Park Service
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