[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1092 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1092

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 1997

 Mr. Murkowski introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  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 
1997''.

SEC. 2. LAND EXCHANGE.

    (a) In General.--If, not later than 6 months after the date of the 
enactment of this Act, the King Cove Corporation transfers to the 
United States of all right, title, and interest of the Corporation in 
and to the land described in subsection (b), and any improvements 
thereon, the Secretary of the Interior shall, not later than 30 days 
after such transfer, grant the Aleutians East Borough a perpetual 
right-of-way of 100 feet in width through the land described in section 
3(b), 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.
    (b) Land Description.--The Corporation land referred to in 
subsection (a) is that land in Sections 5, 6, and 7 of T 57 S, R 88 W, 
Seward Meridian, Alaska.
    (c) Management of Exchanged Corporation Land.--Upon transfer to the 
United States of the Corporation land referred to in subsection (a), 
such lands shall be managed in accordance with Section 1302(i)(2) of 
the Alaska National Interest Lands Conservation Act of 1980 (Public Law 
96-467).
    (d) Valuation.--The land interests transferred under this Act are 
deemed to be of equal value.

SEC. 3. RIGHT-OF-WAY.

    (a) Scope.--Unless otherwise agreed to by the Secretary and the 
Aleutians East Borough, the right-of-way granted under section 2 
shall--
            (1) include sufficient lands for logistical staging areas 
        and construction material sites used for the construction and 
        maintenance of a public road on the right-of-way;
            (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.
    (b) Location.--Unless otherwise agreed by the Secretary and the 
Aleutians East Borough, the right-of-way granted under section 2 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;
    (c) Center Line.--The center line of the right-of-way referred to 
in subsection (b) shall be determined by mutual agreement between the 
Secretary and the Aleutians East Borough.

SEC. 4. MISCELLANEOUS PROVISIONS.

    (a) Definitions.--As used in this Act:
            (1) The term ``Secretary'' means the Secretary of the 
        Interior.
            (2) The term ``Corporation'' means the King Cove 
        Corporation.
    (b) Protection of Resources.--The Secretary and the Aleutians East 
Borough--
            (1) shall, prior to any improvement to the right-of-way, 
        jointly develop and agree to reasonable terms and conditions 
        for the use of the right-of-way, including the construction, 
        operation, and maintenance of the public road and utility-
        related fixtures, which will protect the Federal lands, 
        interest in lands, and resources beneath and adjacent to the 
        right-of-way without imposing undue costs on either party; and
            (2) May make mutually agreed upon modifications to any 
        agreement reached pursuant to paragraph (1).
    (c) Provisions Not Applicable.--The following provisions of law 
shall not be applicable to any right-of-way granted pursuant to 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 for the 
        procedures set forth in section 1104 of that title (16 U.S.C. 
        3164).
            (3) Section 303(c) of title 49, United States Code.
    (d) Administration.--The Secretary is authorized to implement and 
administer the rights and obligations of the Federal Government under 
any agreement reached pursuant to subsection (b).
    (e) Savings Provisions.--Implementation of any agreement reached 
pursuant to subsection (b) shall not be deemed to be a major Federal 
action significantly affecting the quality of the human environment, 
nor shall such implementation require further consideration pursuant to 
the National Historic Preservation Act (16 U.S.C. 470 et seq.), title 
VIII of the Alaska National Interest Lands Conservation Act (16 U.S.C. 
3118 et seq.), or any other law.
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