Izembek National Wildlife Refuge land conveyance

Title VI of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1178) is amended by striking subtitle E and inserting the following:

Izembek National Wildlife Refuge land conveyance

6401.

Definitions

In this subtitle:(1)

Corporation

The term Corporation means the King Cove Corporation.(2)

Federal land

The term Federal land means—(A)the approximately 206 acres of Federal land located within the Refuge, as generally depicted on the map; and(B)the approximately 1,600 acres of Federal land located on Sitkinak Island, as generally depicted on the map.(3)

Governor

The term Governor means the Governor of the State.(4)

Map

The term map means each of—(A)the map entitled Izembek and Alaska Peninsula National Wildlife Refuges and dated September 2, 2008; and(B)the map entitled Sitkinak Island-Alaska Maritime National Wildlife Refuge and dated September 2, 2008.(5)

Non-federal land

The term non-Federal land means—(A)the approximately 43,093 acres of land owned by the State, as generally depicted on the map; and(B)the approximately 13,300 acres of land owned by the Corporation (including approximately 5,430 acres of land for which the Corporation shall relinquish the selection rights of the Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) as part of the land exchange under section 6402(a)), as generally depicted on the map.(6)

Refuge

The term Refuge means the Izembek National Wildlife Refuge.(7)

Secretary

The term Secretary means the Secretary of the Interior.(8)

State

The term State means the State of Alaska.(9)

Tribe

The term Tribe means the Agdaagux Tribe of King Cove, Alaska.

6402.

Land conveyance

(a)

In general

On the date of enactment of the King Cove All-Weather Road Corridor Act, subject to the conditions and requirements described in this subtitle, the Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal land for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska.(b)

Land exchange

(1)

In general

As a condition of the conveyance under subsection (a), the State and the Corporation shall, not later than 15 days after the date of enactment of the King Cove All-Weather Road Corridor Act, notify the Secretary of the intent to convey the non-Federal land from the State and the Corporation to the United States.(2)

Reversion

The land conveyance under section 6402(a) shall be null and void if the State and the Corporation have not conveyed the non-Federal land from the State and the Corporation to the United States not later than 60 days after the date of enactment of King Cove All-Weather Road Corridor Act.(c)

Valuation

The land conveyed under subsection (a) shall not be subject to any requirement under any Federal law (including regulations) relating to the valuation, appraisal, or equalization of land.(d)

Considerations

In constructing the road described in subsection (a), the Governor shall—(1)minimize the adverse impact of the road corridor on the Refuge;(2)minimize the acreage of Federal land that is required for the construction of the road corridor, consistent with national road construction safety practices; and(3)to the maximum extent practicable, incorporate into the road corridor roads that are in existence as of the date of enactment of the King Cove All-Weather Road Corridor Act.

6403.

King Cove Road

(a)

Requirements relating to use, barrier cables, and dimensions

(1)

Limitations on use

(A)

In general

Except as provided in subparagraph (B), any portion of the road constructed on the land conveyed under section 6402(a) shall be used primarily for health and safety purposes (including access to and from the Cold Bay Airport) and only for noncommercial purposes.(B)

Exceptions

Notwithstanding subparagraph (A), the use of taxis, commercial vans for public transportation, and shared rides (other than organized transportation of employees to a business or other commercial facility) shall be allowed on the road described in subparagraph (A).(2)

Requirement of barrier cable

The road described in paragraph (1)(A) shall be constructed to include a cable barrier on each side of the road, as described in the record of decision entitled Mitigation Measure MM-11, King Cove Access Project Final Environmental Impact Statement Record of Decision and dated January 22, 2004.(3)

Required dimensions and design features

The road described in paragraph (1)(A) shall—(A)have a width of not greater than a single lane, in accordance with the applicable road standards of the State;(B)be constructed with gravel; and(C)if determined to be necessary, be constructed to include appropriate safety pullouts.(b)

Support facilities

Support facilities for the road described in subsection (a)(1)(A) shall not be located within the Refuge.(c)

Federal permits

It is the intent of Congress that any Federal permit required for construction of the road be issued or denied not later than 1 year after the date of application for the permit.(d)

Transfer of land after construction

On the date on which the road described in subsection (a)(1)(A) is completed, the Governor of the State shall transfer to the United States any land conveyed under section 6402(a) that the Governor determines is not necessary for the road corridor.(e)

Applicable law

Nothing in this section amends, or modifies the application of, section 1110 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3170).(f)

Avoidance of wildlife impacts and mitigation of wetland loss

(1)

Avoidance of wildlife impacts

(A)

In general

Road construction shall comply with standard construction practices in the State, as determined by the Governor of the State, that—(i)identify critical periods during the calendar year when the Refuge is utilized by wildlife, especially migratory birds;(ii)include specific mandatory strategies to alter, limit or halt construction activities during identified high risk periods to minimize impacts to wildlife; and(iii)allow for the timely construction of the road.(B)

Public availability

The Governor of the State shall make available to the public the practices described in subparagraph (A).(2)

Mitigation of wetlands loss

The land conveyed under section 6402(a) shall comply with section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) with regard to minimizing, to the greatest extent practicable, the filling, fragmentation or loss of wetlands, especially intertidal wetlands, and the Governor shall evaluate mitigating any effect on those wetlands transferred in Federal ownership under the provisions of this subtitle.

6404.

Administration of conveyed lands

(a)

Federal land

On completion of the land exchange under section 6402(a)—(1)the boundary of the land designated as wilderness within the Refuge shall be modified to exclude the Federal land conveyed to the State under the land exchange; and(2)the Federal land located on Sitkinak Island that is withdrawn for use by the Coast Guard shall, at the request of the State, be transferred by the Secretary to the State upon the relinquishment or termination of the withdrawal.(b)

Non-Federal land

Upon completion of the land exchange under section 6402(a), the non-Federal land conveyed to the United States under this subtitle shall be—(1)added to the Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate, as generally depicted on the map; and(2)administered in accordance with the laws generally applicable to units of the National Wildlife Refuge System.(c)

Wilderness additions

(1)

In general

Upon completion of the land exchange under section 6402(a), approximately 43,093 acres of land as generally depicted on the map shall be added to—(A)the Izembek National Wildlife Refuge Wilderness; or(B)the Alaska Peninsula National Wildlife Refuge Wilderness.(2)

Administration

The land added as wilderness under paragraph (1) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and other applicable laws (including regulations).(d)

Permits for dredged or fill materials

The land conveyed under section 6402(a) shall not be subject to section 404(c) of the Federal Water Pollution Control Act (33 U.S.C. 1344(c)).

6405.

Failure to begin road construction

(a)

Voided land conveyance

The land conveyance under section 6402(a) shall be null and void if construction of the road through the Refuge—(1)has not begun during the period beginning on the date of enactment of the King Cove All-Weather Road Corridor Act and ending on the date that is 7 years after the date of enactment of the King Cove All-Weather Road Corridor Act; and(2)has not been completed during the period beginning on the date of enactment of the King Cove All-Weather Road Corridor Act and ending on the date that is 12 years after the date of enactment of the King Cove All-Weather Road Corridor Act.(b)

Return of prior ownership status of Federal land

If the land conveyance is voided under subsection (b)—(1)the ownership of the Federal land shall revert back to the United States; and(2)the parcel of the Federal land that is located in the Refuge shall be managed as part of the Izembek National Wildlife Refuge Wilderness.

6406.

Expiration of legislative authority

(a)

In general

Any legislative authority for construction of a road shall expire at the end of the 7-year period beginning on the date of the enactment of the King Cove All-Weather Road Corridor Act unless a construction permit has been issued during that period.(b)

Extension of authority

If a construction permit is issued within the allotted period, the 7-year authority shall be extended for a period of 5 additional years beginning on the date of issuance of the construction permit.(c)

Extension of authority as result of legal challenges

(1)

In general

Prior to the issuance of a construction permit, if a lawsuit or administrative appeal is filed challenging the conveyance of the land under section 6402(a) or construction of the road, the 7-year deadline or the 5-year extension period, as appropriate, shall be extended for a time period equivalent to the time consumed by the full adjudication of the legal challenge or related administrative process.(2)

Injunction

After a construction permit has been issued, if a court issues an injunction against construction of the road, the 7-year deadline or 5-year extension, as appropriate, shall be extended for a time period equivalent to the time period that the injunction is in effect.(d)

Applicability of section 6405

On the expiration of the legislative authority under this section, if a road has not been constructed, the land exchange shall be null and void and the land ownership shall revert to the respective ownership status prior to the land exchange as provided in section 6405.