Changes in the Arctic: Background and Issues for Congress

Changes in the Arctic: Background and Issues for Congress

Updated October 12, 2021

Congressional ResearchService R41153

Changes in the Arctic: Background and Issues for Congress

Summary

The diminishment of Arctic sea ice has led to increased human activities in the Arctic, and has heightened interest in, and concerns about, the region's future. The United States, by virtue of Alaska, is an Arctic country and has substantial interests in the region. The seven other Arctic states are Canada, Iceland, Norway, Sweden, Finland, Denmark (by virtue of Greenland), and Russia.

The Arctic Research and Policy Act (ARPA) of 1984 (Title I of P.L. 98-373 of July 31, 1984) "provide[s] for a comprehensive national policy dealing with national research needs and objectives in the Arctic." The National Science Foundation (NSF) is the lead federal agency for implementing Arctic research policy. The Arctic Council, created in 1996, is the leading international forum for addressing issues relating to the Arctic. The United Nations Convention on the Law of the Sea (UNCLOS) sets forth a comprehensive regime of law and order in the world's oceans, including the Arctic Ocean. The United States is not a party to UNCLOS.

Record low extents of Arctic sea ice over the past decade have focused scientific and policy attention on links to global climate change and projected ice-free seasons in the Arctic within decades. These changes have potential consequences for weather in the United States, access to mineral and biological resources in the Arctic, the economies and cultures of peoples in the region, and national security.

The geopolitical environment for the Arctic has been substantially affected by the renewal of great power competition. Although there continues to be significant international cooperation on Arctic issues, the Arctic is increasingly viewed as an arena for geopolitical competition among the United States, Russia, and China.

The Department of Defense (DOD) and the Coast Guard are devoting increased attention to the Arctic in their planning and operations. Whether DOD and the Coast Guard are devoting sufficient resources to the Arctic and taking sufficient actions for defending U.S. interests in the region has emerged as a topic of congressional oversight. The Coast Guard has two operational polar icebreakers and has received funding for the procurement of two of at least three planned new polar icebreakers.

The diminishment of Arctic ice could lead in coming years to increased commercial shipping on two trans-Arctic sea routes--the Northern Sea Route close to Russia, and the Northwest Passage close to Alaska and through the Canadian archipelago--though the rate of increase in the use of these routes might not be as great as sometimes anticipated in press accounts. International guidelines for ships operating in Arctic waters have been recently updated.

Changes to the Arctic brought about by warming temperatures will likely allow more exploration for oil, gas, and minerals. Warming that causes permafrost to melt could pose challenges to onshore exploration activities. Increased oil and gas exploration and tourism (cruise ships) in the Arctic increase the risk of pollution in the region. Cleaning up oil spills in ice-covered waters will be more difficult than in other areas, primarily because effective strategies for cleaning up oil spills in ice-covered waters have yet to be developed.

Large commercial fisheries exist in the Arctic. The United States is working with other countries regarding the management of Arctic fish stocks. Changes in the Arctic could affect threatened and endangered species, and could result in migration of fish stocks to new waters. Under the Endangered Species Act, the polar bear was listed as threatened on May 15, 2008. Arctic climate change is also expected to affect the economies, health, and cultures of Arctic indigenous peoples.

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Changes in the Arctic: Background and Issues for Congress

Contents

Introduction ................................................................................................................... 1 Background.................................................................................................................... 1

Definitions of Arctic .................................................................................................. 1 Arctic Circle Definition......................................................................................... 1 Definition in Arctic Research and Policy Act (ARPA) of 1984..................................... 2 Other Definitions ................................................................................................. 2

Population of Arctic................................................................................................... 3 Eight Arctic States, Including Five Arctic Coastal States.................................................. 5 U.S. Identity as an Arctic Nation.................................................................................. 5 U.S. Arctic Research.................................................................................................. 6

Arctic Research and Policy Act (ARPA) of 1984, As Amended.................................... 6 FY2021 NSF Budget Request for Arctic Research..................................................... 6 Major U.S. Policy Documents Relating to Arctic ............................................................ 7 Overview ............................................................................................................ 7 Specific Documents.............................................................................................. 7 U.S. Coordinator for Arctic Region .............................................................................. 9 Arctic Executive Steering Committee (AESC) ............................................................... 9 Arctic Council......................................................................................................... 10 Arctic and U.N. Convention on Law of the Sea (UNCLOS) ........................................... 11 House and Senate Arctic Member Organizations .......................................................... 12 Issues for Congress ....................................................................................................... 12 Climate Change and Loss of Arctic Sea Ice.................................................................. 12 Geopolitical Environment ......................................................................................... 15 Renewed Great Power Competition....................................................................... 15 Arctic Governance.............................................................................................. 18 Relative Priority of Arctic in U.S. Policymaking ..................................................... 20 U.S., Canadian, and Nordic Relations with Russia in the Arctic ................................. 21 NATO and European Union in the Arctic ............................................................... 26 China in the Arctic.............................................................................................. 29 Extended Continental Shelf Submissions, Territorial Disputes, Sovereignty Issues ....... 38 U.S. Military Forces and Operations........................................................................... 38 Introduction....................................................................................................... 38 Russia's Arctic Military Modernization ................................................................. 39 U.S. and Allied Arctic Military Activities ............................................................... 40 Recent Developments ......................................................................................... 44 Sufficiency of U.S. Arctic Military Activities .......................................................... 48 Recent Legislative Activity .................................................................................. 49 Polar Icebreaking..................................................................................................... 50 Polar Icebreaker Operations and Current Polar Icebreaker Fleet................................. 50 Polar Security Cutter (PSC) Program..................................................................... 52 Search and Rescue (SAR) ......................................................................................... 53 Overview .......................................................................................................... 53 May 2011 Arctic Council Agreement on Arctic SAR................................................ 55 Commercial Sea Transportation ................................................................................. 57 Background....................................................................................................... 57 Destination Traffic, Not Trans-Arctic Traffic .......................................................... 58 Unpredictable Ice Conditions Hinder Trans-Arctic Shipping ..................................... 59

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Changes in the Arctic: Background and Issues for Congress

Basic Navigation Infrastructure Is Lacking............................................................. 60 Regulation of Arctic Shipping .............................................................................. 61 New Arctic Polar Code........................................................................................ 61 Oil, Gas, and Mineral Exploration .............................................................................. 62 Offshore Oil and Gas Exploration ......................................................................... 62 Extent of the Continental Margin .......................................................................... 66 Onshore Energy and Mineral Development ............................................................ 69 Oil Pollution and Pollution Response.......................................................................... 69 Oil Pollution Implications of Arctic Change ........................................................... 69 Response and Cleanup Challenges in the Arctic ...................................................... 71 Fisheries ................................................................................................................ 75 Protected Species..................................................................................................... 77 Indigenous People Living in Arctic............................................................................. 78 Background....................................................................................................... 79 Effects of Climate Change ................................................................................... 81 CRS Reports on Specific Arctic-Related Issues.................................................................. 83

Figures

Figure 1. Arctic Area of Alaska as Defined by ARPA ............................................................ 3 Figure 2. Entire Arctic Area as Defined by ARPA................................................................. 4 Figure 3. Arctic Sea Ice Extent in September 2008, Compared with Prospective Shipping

Routes and Oil and Gas Resources................................................................................ 14 Figure 4. Arctic SAR Areas in Arctic SAR Agreement ........................................................ 57

Tables

Table 1. Ship Casualties in Arctic Circle Waters, 2005-2019 ................................................ 53

Appendixes

Appendix A. Arctic Research and Policy Act (ARPA) of 1984 (Title I of P.L. 98-373) ............. 84 Appendix B. P.L. 101-609 of 1990, Amending ARPA ......................................................... 91 Appendix C. FY2021 NSF Budget Request for Arctic Research........................................... 93 Appendix D. Major U.S. Policy Documents Relating to Arctic ............................................. 97 Appendix E. Arctic Council .......................................................................................... 109 Appendix F. Arctic and U.N. Convention on Law of the Sea (UNCLOS) ..............................112 Appendix G. DOD and Coast Guard Testimony and Strategy Documents .............................116 Appendix H. Extended Continental Shelf Submissions, Territorial Disputes, and

Sovereignty Issues.................................................................................................... 137

Contacts

Author Information ..................................................................................................... 143

Congressional Research Service

Changes in the Arctic: Background and Issues for Congress Congressional Research Service

Changes in the Arctic: Background and Issues for Congress

Introduction

The diminishment of Arctic sea ice has led to increased human activities in the Arctic, and has heightened interest in, and concerns about, the region's future. Issues such as geopolitical competition in the region between the United States, Russia, and China; increased military operations in the region by the United States, Russia, and other Arctic countries; growth in commercial shipping through the Arctic; and oil, gas, and mineral exploration in the Arctic could cause the region in coming years to become an arena of international cooperation, tension, and/or competition.

The United States, by virtue of Alaska, is an Arctic country and has substantial political, economic, energy, environmental, and other interests in the region. Decisions that Congress makes on Arctic-related issues could significantly affect these interests.

This report provides an overview of Arctic -related issues for Congress, and refers readers to more in-depth CRS reports on specific Arctic-related issues. Congressional readers with questions about an issue discussed in this report should contact the author or authors of the section of the report discussing that issue. The authors are identified by footnote at the start of each section.

This report does not track legislation on specific Arctic -related issues. For tracking of legislative activity, see the CRS reports relating to specific Arctic -related issues that are listed at the end of this report, just prior to Appendix A.

Background1

Definitions of Arctic

There are multiple definitions of the Arctic that result in differing descriptions of the land and sea areas encompassed by the term. Policy discussions of the Arctic can employ varying definitions of the region, and readers should bear in mind that the definition used in one discussion may differ from that used in another. This CRS report does not rely on any one definition.

Arctic Circle Definition

The most common and basic definition of the Arctic defines the region as the land and sea area north of the Arctic Circle (a circle of latitude at about 66o 34' North). For surface locations within this zone, the sun is generally above the horizon for 24 continuous hours at least once per year (at the summer solstice) and below the horizon for 24 continuous hours at least once per year (at the winter solstice). The Arctic Circle definition includes the northernmost third or so of Alaska, as well as the Chukchi Sea, which separates that part of Alaska from Russia, and U.S. territorial and Exclusive Economic Zone (EEZ) waters north of Alaska. It does not include the lower two-thirds or so of Alaska or the Bering Sea, which separates that lower part of the state from Russia. The area within the Arctic Circle is about 8.14 million square miles,2 which is about 4.1% (or between

1 Except for the subsection on the Arctic and the U.N. Convention on the Lawof the Sea, this section was prepared by Ronald O'Rourke, Specialist in Naval Affairs, Foreign Affairs, Defense, and T rade Division.

2 Source: Figure provided to CRS by Geography and Map Division of Library of Congress, May 12, 2020, in consultation with the National Geodetic Survey (NGS) of National Oceanic and Atmospheric Administration (NOAA).

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Changes in the Arctic: Background and Issues for Congress

1/24th and 1/25th) of the Earth's surface, and more than twice the land area of the United States, which is about 3.5 million square miles.

Definition in Arctic Research and Policy Act (ARPA) of 1984

Section 112 of the Arctic Research and Policy Act (ARPA) of 1984 (Title I of P.L. 98-373 of July 31, 1984)3 defines the Arctic as follows:

As used in this title, the term "Arctic" means all United States and foreign territory north of the Arctic Circle and all United States territory north and west of the boundary formed by the Porcupine, Yukon, and Kuskokwim Rivers [in Alaska]; all contiguous seas, including the Arctic Ocean and the Beaufort, Bering, and Chukchi Seas; and the Aleutian chain.

This definition, which is codified at 15 U.S.C. 4111,4 includes certain parts of Alaska below the Arctic Circle, including the Aleutian Islands and portions of central and western mainland Alaska, such as the Seward Peninsula and the Yukon Delta. The U.S. Coast Guard states that "The U.S. Arctic encompasses some 2,521 miles of shoreline, an international strait adjacent to the Russian Federation, and 647 miles of land border with Canada above the Arctic Circle. The U.S. Exclusive Economic Zone (EEZ) in the Arctic contains approximately 889,000 square miles of ocean."5 Figure 1 below shows the Arctic area of Alaska as defined by ARPA; Figure 2 shows the entire Arctic area as defined by ARPA.

Other Definitions

Other definitions of the Arctic are based on factors such as average temperature, the northern tree line, the extent of permafrost on land, the extent of sea ice on the ocean, or jurisdictional or administrative boundaries. The 10o C isotherm definition of the Arctic, for example, defines the region as the land and sea area in the northern hemisphere where the average temperature for the warmest month (July) is below 10o Celsius, or 50o Fahrenheit. This definition results in an irregularly shaped Arctic region that excludes some land and sea areas north of the Arctic Circle but includes some land and sea areas south of the Arctic Circle. This definition currently excludes all of Finland and Sweden, as well as some of Alaska above the Arctic Circle, while including virtually all of the Bering Sea and Alaska's Aleutian Islands.

As another example, the definition of the Arctic adopted by the Arctic Monitoring and Assessment Programme (AMAP)--a working group of the Arctic Council--"essentially includes the terrestrial and marine areas north of the Arctic Circle (66?32' N), and north of 62? N in Asia and 60? N in North America, modified to include the marine areas north of the Aleutian chain, Hudson Bay, and parts of the North Atlantic, including the Labrador Sea."6 A definition based on a climate-related factor could circumscribe differing areas over time as a result of c limate change.

3 T itle II of P.L. 98-373 is the National Critical Materials Act of 1984. 4 As codified, the definition reads, " As used in this chapter.... " 5 Coast Guard, Arctic Strategic Outlook, April 2019, p. 11. 6 For examples of maps of the Arctic reflecting various definitions of the Arctic, see the collection of maps posted at "Arctic Definitions," Arctic Portal, accessed April 8, 2021, at . See also "Definitions of the Arctic," UN Environment Programme, accessed April 8, 2021, at resources/7010; " Arctic Definition Map," Arctic Portal Library, accessed April 8, 2021, at ; " Definitions of the Arctic Region," Arctic Centre of the University of Lapland, accessed April 8, 2021, at ; and the map of the geographic areas described in Annex 1 of the May 2017 Agreement on Enhancing International Arctic Scientific

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Changes in the Arctic: Background and Issues for Congress

Some observers use the term "high north" as a way of referring to the Arctic. Some observers make a distinction between the "high Arctic"--meaning, in general, the colder portions of the Arctic that are closer to the North Pole--and other areas of the Arctic that are generally less cold and further away from the North Pole, which are sometimes described as the low Arctic or the subarctic.

Figure 1.Arctic Area of Alaska as Defined by ARPA

Source: U.S. Arctic Research Commission (, accessed April 8, 2021).

Population of Arctic

According to one estimate, about 4 million people, or about 0.05% of the world's population, live in the Arctic, of which roughly half (roughly 2 million) live in Russia's part of the Arctic,7 and

Cooperation, accessed April 8, 2021, at both "Arctic Region," State Department, , and "Maps," U.S. Arctic Research Commission, h t t p s://arct ic.go v /up lo ads/asset s/arct ic -sci-agree-1 5 0 dp i-co lo r.jp g. 7 Sources: " Arctic Peoples," Arctic Council, accessed April 8, 2021, at arctic-peoples/; National Snow & Ice Data Center, "Arctic People," accessed April 8, 2021, at cryosphere/arctic-meteorology/arctic-people.html; United Kingdom, House of Commons, Defence Committee, On T hin Ice: UK Defence in the Arctic, T welfth Report of Session 2017 ?19, August 15, 2018 (Ordered by the House of Commons to be printed 19 July 2018), p. 6; "Arctic Indigenous Peoples," Arctic Centre, accessed April 8, 2021, at

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