[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1092 Engrossed in Senate (ES)]
105th CONGRESS
2d Session
S. 1092
_______________________________________________________________________
AN ACT
To provide for a transfer of land interests in order to facilitate
surface transportation between the cities of Cold Bay, Alaska, and King
Cove, Alaska, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``King Cove Health and Safety Act of
1998''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) King Cove, Alaska is a community in the westernmost
region of the Alaska Peninsula with a population of roughly 800
full-time residents and an additional 400 to 600 workers who
are transported in and out of the community a number of times a
year to work in the local fish processing plant and on fishing
vessels;
(2) the majority of the full-time residents are indigenous
Native peoples of Aleut ancestry that have resided in the
region for over 5,000 years;
(3) the only mode of access to or from King Cove is via
small aircraft or fishing boat, and the weather patterns are so
severe and unpredictable that King Cove is one of the worst
places in all of the United States to access by either of these
modes of transportation;
(4) the State of Alaska has initiated the King Cove to Cold
Bay Transportation Improvement Assessment to confirm the need
for transportation improvements for King Cove and to identify
alternative methods of improving transportation access with
comprehensive environmental and economic review of each
alternative;
(5) the State of Alaska has identified a road between King
Cove and Cold Bay as one of the alternatives to be evaluated in
the transportation planning process but for a road to be a
viable option for the State of Alaska, the Congress must grant
a legislative easement within the Izembek National Wildlife
Refuge (``Refuge'') across approximately seven miles of
wilderness land owned by the Federal Government;
(6) there are fourteen miles of roads within the wilderness
boundary of the Refuge which are currently traveled by
vehicles;
(7) any road constructed in accordance with such easement
would be an unpaved, one-lane road sufficient in width to
satisfy State law; and
(8) the combined communities of King Cove and Cold Bay have
approximately 250 vehicles.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a surface transportation
easement across Federal lands within the Refuge and to transfer 664
acres of high value habitat lands adjacent to the Refuge in fee simple
from the King Cove Corporation to the Federal Government as new
wilderness lands within the Refuge in exchange for redesignating a
narrow corridor of land within the Refuge as nonwilderness lands.
SEC. 4. LAND EXCHANGE.
If the King Cove Corporation offers to transfer to the United
States all right, title, and interest of the Corporation in and to all
land owned by the Corporation in Sections 2, 3, 4, 5, 6, and 7 of T 57
S, R 88 W, Seward Meridian, Alaska, and any improvements thereon, the
Secretary of the Interior (``Secretary'') shall, not later than 30 days
after such offer, grant the Aleutians East Borough a perpetual right-
of-way of 60 feet in width through the lands described in sections 6
and 7 of this Act for the construction, operation and maintenance of
certain utility-related fixtures and of a public road between the city
of Cold Bay, Alaska, and the city of King Cove, Alaska and accept the
transfer of the offered lands. Upon transfer to the United States, such
lands shall be managed in accordance with section 1302(i) of the Alaska
National Interest Lands Conservation Act, shall be included within the
Refuge, and shall be managed as wilderness.
SEC. 5. RIGHT-OF-WAY.
Unless otherwise agreed to by the Secretary and the Aleutians East
Borough, the right-of-way granted under section 4 shall--
(1) include sufficient lands for logistical staging areas
and construction material sites used for the construction and
maintenance of an unpaved, one-lane public road sufficient in
width to meet the minimum requirements necessary to satisfy
State law;
(2) meet all requirements for a public highway right-of-way
under the laws of the State of Alaska; and
(3) include the right for the Aleutians East Borough, or
its assignees, to construct, operate, and maintain electrical,
telephone, or other utility facilities and structures within
the right-of-way.
SEC. 6. CONFORMING CHANGE.
Upon the offer of Corporation lands under section 4, the boundaries
of the wilderness area within the Refuge are modified to exclude from
wilderness designation a 100 foot wide corridor to accommodate the
right-of-way within the following land sections:
(1) Sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
30, 35, and 36 of T 56 S, R 87 W, Seward Meridian, Alaska.
(2) Sections 23, 24, 25, 26, 27, 34, 35, and 36 of T 56 S,
R 88 W, Seward Meridian, Alaska.
(3) Sections 1, 2, 11, and 12 of T 57 S, R 89 W, Seward
Meridian, Alaska.
SEC. 7. RIGHT-OF-WAY LOCATION.
Unless otherwise agreed to by the Secretary and the Aleutians East
Borough, the right-of-way granted under section 4 shall be located
within--
(1) sections 2, 3, 10, and 11 of T 59 S, R 86 W, Seward
Meridian, Alaska;
(2) sections 27, 28, 29, 30, 31, 32, 33, 34, and 35 of T 59
S, R 86 W, Seward Meridian, Alaska;
(3) sections 3, 4, 9, 10, 13, 14, 15, 16, 23, 24, 25, 26,
and 36 of T 58 S, R 87 W, Seward Meridian, Alaska;
(4) sections 5, 6, 7, 8, 9, 16, 17, 20, 21, 27, 28, 29, 32,
33, and 34 of T 57 S, R 87 W, Seward Meridian, Alaska;
(5) sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
30, 35, and 36 of T 56 S, R 87 W, Seward Meridian, Alaska;
(6) sections 23, 24, 25, 26, 27, 34, 35, and 36 of T 56 S,
R 88 W, Seward Meridian, Alaska;
(7) section 6 of T 57 S, R 88 W, Seward Meridian, Alaska;
and
(8) sections 1, 2, 11, and 12 of T 57 S, R 89 W, Seward
Meridian, Alaska.
SEC. 8. TECHNICAL AMENDMENTS.
The following provisions of law shall not be applicable to any
right-of-way granted under section 4 of this Act or to any road
constructed on such right-of-way--
(1) section 22(g) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1621(g));
(2) title XI of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3161 et seq.), except as specified
in this section; and
(3) section 303(c) of title 49, United States Code.
SEC. 9. JOINT PLAN.
The Secretary and the Aleutians East Borough shall jointly prepare
a plan setting forth--
(1) the times of the year a road may reasonably be
constructed when there are not high concentrations of migratory
birds in Kinzarof Lagoon; and
(2) limitations on nonemergency road traffic during periods
of the year when there are high concentrations of migratory
birds in Kinzarof Lagoon.
SEC. 10. TRANSFER.
If within 24 months of the date the King Cove Corporation offers to
transfer to the United States all right, title, and interest of the
Corporation lands set forth in section 4 of this Act, the Secretary and
the Aleutians East Borough fail to mutually agree on the following--
(1) a final land exchange and a grant of a right-of-way
pursuant to section 4; and
(2) the right-of-way specifications, and terms and
conditions of use set forth in sections 5, 6, 7 and 8 of this
Act;
then the Aleutians East Borough shall have the right to select a 60
foot right-of-way for the construction, operation, and maintenance of
certain utility-related fixtures and of a public road from lands
described in section 7 of this Act, and to identify logistical staging
areas and construction material sites within the right-of-way. If an
agreement is not reached within 6 months after the Aleutians East
Borough notifies the Secretary of its selection, then the right-of-way
is hereby granted to the Borough.
Passed the Senate October 1 (legislative day, September
29), 1998.
Attest:
Secretary.
105th CONGRESS
2d Session
S. 1092
_______________________________________________________________________
AN ACT
To provide for a transfer of land interests in order to facilitate
surface transportation between the cities of Cold Bay, Alaska, and King
Cove, Alaska, and for other purposes.