[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2801 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2801

To provide for the inclusion of certain non-Federal land in the Izembek 
 and Alaska Peninsula Wildlife Refuges and Wilderness in the State of 
  Alaska and for the granting of a right-of-way for safe and reliable 
   access for the Native Village of King Cove, Alaska, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 20, 2007

 Mr. Young of Alaska introduced the following bill; which was referred 
                 to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the inclusion of certain non-Federal land in the Izembek 
 and Alaska Peninsula Wildlife Refuges and Wilderness in the State of 
  Alaska and for the granting of a right-of-way for safe and reliable 
   access for the Native Village of 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 ``Izembek and Alaska Peninsula Refuge 
and Wilderness Enhancement and King Cove Safe Access Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) King Cove, Alaska, is--
                    (A) located 625 air miles from Anchorage, Alaska, 
                on the south side of the Alaska Peninsula, on a sand 
                spit fronting Deer Passage and Deer Island;
                    (B) accessible only by air and water; and
                    (C) one of the most geographically isolated areas 
                of the State of Alaska;
            (2) constant adverse weather and limiting physical 
        topography make traveling in and out of King Cove directly by 
        air dangerous and impractical much of the time;
            (3) King Cove is the homeland of Aleut people who--
                    (A) are federally recognized as indigenous peoples 
                of the United States;
                    (B) have fished, hunted, and subsisted in King Cove 
                for over 4,000 years; and
                    (C) refer to the King Cove community as 
                ``Agdaagux'';
            (4) the Agdaagux Tribal Council, which is the federally 
        recognized tribal government for King Cove, recognizes that 
        most of residents of King Cove are direct descendants of the 
        original Aleut inhabitants;
            (5) in the 1940s, an airport capable of access by jets was 
        constructed by the United States Army at Cold Bay, which is 
        approximately 25 surface miles north of King Cove, to support 
        World War II related national security needs;
            (6) while the Cold Bay Airport, which is now a civilian 
        airport operated by the State of Alaska, is the lifeline for 
        the King Cove people to the outside world, particularly for the 
        life, safety, and health needs of the indigenous residents, 
        there is no surface access between King Cove and the airport;
            (7) nearly all of the land between King Cove and Cold Bay 
        is--
                    (A) owned by the Federal Government as part of the 
                Izembek National Wildlife Refuge; and
                    (B) managed as wilderness; and
            (8) the Agdaagux Tribal Council--
                    (A) maintains that the Council and the indigenous 
                Aleut people of King Cove were not consulted before the 
                land that separates residents from the nearest all-
                weather airport was designated as wilderness, even 
                though approximately 1,292 people across the United 
                States, Canada, and Europe--
                            (i) received notice of the potential 
                        designation; and
                            (ii) during 1969 and 1970, were expressly 
                        invited by the Bureau of Sport Fisheries and 
                        Wildlife, the predecessor of the United States 
                        Fish and Wildlife Service, to participate in 
                        the process of considering whether the land 
                        should be managed as wilderness;
                    (B) regards the failure of the Federal Government 
                to consult with the Council and the indigenous Aleut 
                people of King Cove as a ``wrong and troubling action 
                taken by the federal government'';
                    (C) submits that dozens of King Cove residents have 
                died or suffered grave health consequences in the past 
                30 years because the residents could not reach timely 
                medical assistance in Anchorage, Alaska, that can only 
                be accessed via the all-weather Cold Bay Airport; and
                    (D) has expressed the full endorsement and support 
                of the Council for the construction of a road between 
                King Cove and the Cold Bay Airport as an expression of, 
                and commitment to, self-determination for the Aleut 
                people of King Cove who were not consulted before the 
                land vital to the survival of the Aleut people of King 
                Cove was designated as wilderness.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means--
                    (A) the approximately 206 acres of Federal land 
                within the Izembek National Wildlife Refuge in the 
                State that is depicted on the map as ``King Cove 
                Road''; and
                    (B) the approximately 1,600 acres of Federal land 
                that is depicted on the map as ``Sitkinak Island''.
            (2) Landowner.--The term ``landowner'' means--
                    (A) the State; and
                    (B) the other owners of the non-Federal land, 
                including King Cove Corporation.
            (3) Map.--The term ``map'' means the map entitled 
        ``Proposed Land Enhancements'' and dated June 2007.
            (4) Non-federal land.--The term ``non-Federal land'' means 
        the approximately 61,723 acres of non-Federal land authorized 
        to be added to the Refuges under this Act, as depicted on the 
        map.
            (5) Refuge.--The term ``Refuge'' means each of the Izembek 
        National Wildlife Refuge and the Alaska Peninsula National 
        Wildlife Refuge in the State.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) State.--The term ``State'' means the State of Alaska.

SEC. 4. CONVEYANCE OF LAND.

    (a) In General.--The Secretary shall convey to the State all right, 
title, and interest of the United States in and to the Federal land 
on--
            (1) conveyance by the landowner to the Secretary of title 
        to the non-Federal land that is acceptable to the Secretary; 
        and
            (2) certification by the Governor of the State that the 
        State-owned land at Kinzaroff Lagoon has been designated under 
        State law as a State refuge.
    (b) Map.--
            (1) Availability.--The map shall be on file and available 
        for public inspection in the appropriate offices of the 
        Secretary.
            (2) Revised map.--Not later than 180 days after the date of 
        completion of the conveyance of Federal land and non-Federal 
        land under this section, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Natural Resources of the House of Representatives 
        a revised map that depicts the Federal land and non-Federal 
        land conveyed under this section.
    (c) King Cove Road Conveyance.--
            (1) In general.--The land described in section 3(1)(A) 
        shall be used for construction of a State road.
            (2) Terms and conditions.--
                    (A) Cable barrier.--A road constructed under this 
                subsection shall 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.
                    (B) Support facilities.--Support facilities for a 
                road constructed under this subsection shall not be 
                located on federally owned land in the Izembek National 
                Wildlife Refuge.
            (3) Cooperative right-of-way planning process.--
                    (A) In general.--On request of the State, the 
                Secretary, in cooperation with the Secretary of 
                Transportation, the State, the Agdaagux Tribal Council, 
                the Aleutians East Borough, the City of King Cove, and 
                the King Cove Corporation, shall undertake a process to 
                determine the route for the road required to be 
                constructed under paragraph (1) within the corridor 
                that is depicted on the map as ``King Cove Road''.
                    (B) Deadline.--Not later than 18 months after the 
                date on which the State submits a request under 
                subparagraph (A), the Secretary shall complete the 
                planning process required under that subparagraph.
                    (C) Compatibility.--The route for the road 
                recommended by the Secretary under this paragraph shall 
                be considered to be compatible with the purposes for 
                which the Refuge was established.
                    (D) Construction.--Construction of the road along 
                the route recommended by the Secretary under this 
                paragraph is authorized in accordance with this Act.
            (4) Reconveyance.--The Secretary shall, on receipt of a 
        written request from the State or the King Cove Corporation, 
        immediately reconvey the applicable non-Federal land to the 
        appropriate landowner that contributed the land if--
                    (A) a preliminary or permanent injunction is 
                entered by a court of competent jurisdiction enjoining 
                construction or use of the road; or
                    (B) the State or the King Cove Corporation 
                determines before construction of the road that the 
                road cannot be feasibly constructed or maintained.
    (d) Applicable Law.--
            (1) In general.--The conveyance of Federal land and non-
        Federal land shall not be subject to any requirements for 
        valuation, appraisal, and equalization under any other Federal 
        law.
            (2) ANCSA.--The use of existing roads and the construction 
        of new roads on King Cove Corporation land to access the road 
        authorized under this Act shall be considered--
                    (A) to be consistent with subsection (g) of section 
                22 of the Alaska Native Claims Settlement Act (43 
                U.S.C. 1621) and any patents issued under that 
                subsection; and
                    (B) not to interfere with the purposes for which 
                the Refuge was established.
    (e) Notice.--The Secretary shall submit to the Committee on Energy 
and Natural Resources of the Senate and the Committee on Natural 
Resources of the House of Representatives notice of the completion of 
the conveyance of Federal land and non-Federal land under this section.
    (f) Designation of Wilderness.--On conveyance of the non-Federal 
land to the Secretary, the approximately 45,493 acres of land generally 
depicted on the map entitled ``Wilderness additions to Izembek and 
Alaska Peninsula Wildlife Refuges'' and dated June 2007, shall be 
designated as wilderness.
    (g) Administration.--The Secretary shall administer the non-Federal 
land acquired under this Act--
            (1) in accordance with the laws generally applicable to 
        units of the National Refuge System;
            (2) as wilderness, in accordance with the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 3101 et seq.); and
            (3) subject to valid existing rights.
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