[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1680 Reported in Senate (RS)]






                                                       Calendar No. 975
110th CONGRESS
  2d Session
                                S. 1680

To provide for the inclusion of certain non-Federal land in the Izembek 
  National Wildlife Refuge and the Alaska Peninsula National Wildlife 
         Refuge in the State of Alaska, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2007

Ms. Murkowski (for herself, Mr. Stevens, and Mr. Akaka) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

                           September 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To provide for the inclusion of certain non-Federal land in the Izembek 
  National Wildlife Refuge and the Alaska Peninsula National Wildlife 
         Refuge in the State of Alaska, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Izembek and Alaska 
Peninsula Refuge and Wilderness Enhancement Act of 2007''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) King Cove, Alaska, is--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) accessible only by air and water; 
                and</DELETED>
                <DELETED>    (C) 1 of the most geographically isolated 
                areas of the State of Alaska;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) King Cove is the homeland of Aleut people 
        who--</DELETED>
                <DELETED>    (A) are federally recognized as indigenous 
                peoples of the United States;</DELETED>
                <DELETED>    (B) have fished, hunted, and subsisted in 
                King Cove for over 4,000 years; and</DELETED>
                <DELETED>    (C) refer to the King Cove community as 
                ``Agdaagux'';</DELETED>
        <DELETED>    (4) the Agdaagux Tribal Council, which is the 
        federally recognized tribal government for King Cove, 
        recognizes that most residents of King Cove are direct 
        descendants of the original Aleut inhabitants;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (7) nearly all of the land between King Cove and 
        Cold Bay is--</DELETED>
                <DELETED>    (A) owned by the Federal Government as 
                part of the Izembek National Wildlife Refuge; 
                and</DELETED>
                <DELETED>    (B) managed as wilderness; and</DELETED>
        <DELETED>    (8) the Agdaagux Tribal Council--</DELETED>
                <DELETED>    (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--
                </DELETED>
                        <DELETED>    (i) received notice of the 
                        potential designation; and</DELETED>
                        <DELETED>    (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;</DELETED>
                <DELETED>    (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'';</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Federal land.--The term ``Federal land'' 
        means--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) the approximately 1,600 acres of 
                Federal land that is depicted on the map as ``Sitkinak 
                Island''.</DELETED>
        <DELETED>    (2) Landowner.--The term ``landowner'' means--
        </DELETED>
                <DELETED>    (A) the State; and</DELETED>
                <DELETED>    (B) the other owners of the non-Federal 
                land, including King Cove Corporation.</DELETED>
        <DELETED>    (3) Map.--The term ``map'' means the map entitled 
        ``Proposed Land Enhancements'' and dated June 2007.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Refuge.--The term ``Refuge'' means each of the 
        Izembek National Wildlife Refuge and the Alaska Peninsula 
        National Wildlife Refuge in the State.</DELETED>
        <DELETED>    (6) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (7) State.--The term ``State'' means the State of 
        Alaska.</DELETED>

<DELETED>SEC. 4. CONVEYANCE OF LAND.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) conveyance by the landowner to the Secretary 
        of title to the non-Federal land that is acceptable to the 
        Secretary; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Map.--</DELETED>
        <DELETED>    (1) Availability.--The map shall be on file and 
        available for public inspection in the appropriate offices of 
        the Secretary.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) King Cove Road Conveyance.--</DELETED>
        <DELETED>    (1) In general.--The land described in section 
        3(1)(A) shall be used for construction of a State 
        road.</DELETED>
        <DELETED>    (2) Terms and conditions.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Cooperative right-of-way planning process.--
        </DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (D) Construction.--Construction of the 
                road along the route recommended by the Secretary under 
                this paragraph is authorized in accordance with this 
                Act.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) a preliminary or permanent injunction 
                is entered by a court of competent jurisdiction 
                enjoining construction or use of the road; or</DELETED>
                <DELETED>    (B) the State or the King Cove Corporation 
                determines before construction of the road that the 
                road cannot be feasibly constructed or 
                maintained.</DELETED>
<DELETED>    (d) Applicable Law.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) not to interfere with the purposes for 
                which the Refuge was established.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (g) Administration.--The Secretary shall administer the 
non-Federal land acquired under this Act--</DELETED>
        <DELETED>    (1) in accordance with the laws generally 
        applicable to units of the National Refuge System;</DELETED>
        <DELETED>    (2) as wilderness, in accordance with the Alaska 
        National Interest Lands Conservation Act (16 U.S.C. 3101 et 
        seq.); and</DELETED>
        <DELETED>    (3) subject to valid existing rights.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Izembek and Alaska Peninsula Refuge 
Enhancement Act of 2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (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) 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.
            (4) 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 3(a)), as 
                generally depicted on the map.
            (5) Refuge.--The term ``Refuge'' means the Izembek National 
        Wildlife Refuge.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) State.--The term ``State'' means the State of Alaska.
            (8) Tribe.--The term ``Tribe'' means the Agdaagux Tribe of 
        King Cove, Alaska.

SEC. 3. LAND EXCHANGE.

    (a) In General.--Upon receipt of notification by the State and the 
Corporation of the intention of the State and the Corporation to 
exchange the non-Federal land for the Federal land, subject to the 
conditions and requirements described in this Act, the Secretary may 
convey to the State all right, title, and interest of the United States 
in and to the Federal land. The Federal land within the Refuge shall be 
transferred for the purpose of constructing a single-lane gravel road 
between the communities of King Cove and Cold Bay, Alaska.
    (b) Compliance With National Environmental Policy Act of 1969 and 
Other Applicable Laws.--
            (1) In general.--In determining whether to carry out the 
        land exchange under subsection (a), the Secretary shall--
                    (A) comply with the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.); and
                    (B) except as provided in subsection (c), comply 
                with any other applicable law (including regulations).
            (2) Environmental impact statement.--
                    (A) In general.--Not later than 60 days after the 
                date on which the Secretary receives notification under 
                subsection (a), the Secretary shall initiate the 
                preparation of an environmental impact statement 
                required under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
                    (B) Requirements.--The environmental impact 
                statement prepared under subparagraph (A) shall 
                contain--
                            (i) an analysis of--
                                    (I) the proposed land exchange; and
                                    (II) the potential construction and 
                                operation of a road between the 
                                communities of King Cove and Cold Bay, 
                                Alaska; and
                            (ii) an evaluation of a specific road 
                        corridor through the Refuge that is identified 
                        in consultation with the State, the City of 
                        King Cove, Alaska, and the Tribe.
            (3) Cooperating agencies.--
                    (A) In general.--During the preparation of the 
                environmental impact statement under paragraph (2), 
                each entity described in subparagraph (B) may 
                participate as a cooperating agency.
                    (B) Authorized entities.--An authorized entity may 
                include--
                            (i) any Federal agency that has permitting 
                        jurisdiction over the road described in 
                        paragraph (2)(B)(i)(II);
                            (ii) the State;
                            (iii) the Aleutians East Borough of the 
                        State;
                            (iv) the City of King Cove, Alaska;
                            (v) the Tribe; and
                            (vi) the Alaska Migratory Bird Co-
                        Management Council.
    (c) Valuation.--The conveyance of the Federal land and non-Federal 
land under this section shall not be subject to any requirement under 
any Federal law (including regulations) relating to the valuation, 
appraisal, or equalization of land.
    (d) Public Interest Determination.--
            (1) Conditions for land exchange.--Subject to paragraph 
        (2), to carry out the land exchange under subsection (a), the 
        Secretary shall determine that the land exchange (including the 
        construction of a road between the City of King Cove, Alaska, 
        and the Cold Bay Airport) is in the public interest.
            (2) Limitation of authority of secretary.--The Secretary 
        may not, as a condition for a finding that the land exchange is 
        in the public interest--
                    (A) require the State or the Corporation to convey 
                additional land to the United States; or
                    (B) impose any restriction on the subsistence uses 
                (as defined in section 803 of the Alaska National 
                Interest Lands Conservation Act (16 U.S.C. 3113)) of 
                waterfowl by rural residents of the State.
    (e) Kinzaroff Lagoon.--The land exchange under subsection (a) shall 
not be carried out before the date on which the parcel of land owned by 
the State that is located in the Kinzaroff Lagoon has been designated 
by the State as a State refuge, in accordance with the applicable laws 
(including regulations) of the State.
    (f) Designation of Road Corridor.--In designating the road corridor 
described in subsection (b)(2)(B)(ii), the Secretary shall--
            (1) minimize the adverse impact of the road corridor on the 
        Refuge;
            (2) transfer the minimum acreage of Federal land that is 
        required for the construction of the road corridor; and
            (3) to the maximum extent practicable, incorporate into the 
        road corridor roads that are in existence as of the date of 
        enactment of this Act.
    (g) Additional Terms and Conditions.--The land exchange under 
subsection (a) shall be subject to any other term or condition that the 
Secretary determines to be necessary.

SEC. 4. 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 Federal 
                land conveyed pursuant to this Act shall be used 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).
                    (C) Requirement of agreement.--The limitations of 
                the use of the road described in this paragraph shall 
                be enforced in accordance with an agreement entered 
                into between the Secretary and the State.
            (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.--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) 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).
    (e) Mitigation Plan.--
            (1) In general.--Based on the evaluation of impacts 
        determined through the completion of the environmental impact 
        statement under section 3(b)(2), the Secretary, in consultation 
        with the entities described in section 3(b)(3)(B), shall 
        develop an enforceable mitigation plan.
            (2) Corrective modifications.--The Secretary may make 
        corrective modifications to the mitigation plan developed under 
        paragraph (1) if--
                    (A) the mitigation standards required under the 
                mitigation plan are maintained; and
                    (B) the Secretary provides an opportunity for 
                public comment with respect to any proposed corrective 
                modification.

SEC. 5. ADMINISTRATION OF CONVEYED LANDS.

            (1) Federal land.--Upon completion of the land exchange 
        under section 3(a)--
                    (A) 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
                    (B) 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.
            (2) Non-federal land.--Upon completion of the land exchange 
        under section 3(a), the non-Federal land conveyed to the United 
        States under this Act shall be--
                    (A) added to the Refuge or the Alaska Peninsula 
                National Wildlife Refuge, as appropriate, as generally 
                depicted on the map; and
                    (B) administered in accordance with the laws 
                generally applicable to units of the National Wildlife 
                Refuge System.
            (3) Wilderness additions.--
                    (A) In general.--Upon completion of the land 
                exchange under section 3(a), approximately 43,093 acres 
                of land as generally depicted on the map shall be added 
                to--
                            (i) the Izembek National Wildlife Refuge 
                        Wilderness; or
                            (ii) the Alaska Peninsula National Wildlife 
                        Refuge Wilderness.
                    (B) Administration.--The land added as wilderness 
                under subparagraph (A) 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).

SEC. 6. FAILURE TO BEGIN ROAD CONSTRUCTION.

    (a) Notification To Void Land Exchange.--If the Secretary, the 
State, and the Corporation enter into the land exchange authorized 
under section 3(a), the State or the Corporation may notify the 
Secretary in writing of the intention of the State or Corporation to 
void the exchange if construction of the road through the Refuge has 
not begun.
    (b) Disposition of Land Exchange.--Upon the latter of the date on 
which the Secretary receives a request under subsection (a), and the 
date on which the Secretary determines that the Federal land conveyed 
under the land exchange under section 3(a) has not been adversely 
impacted (other than any nominal impact associated with the preparation 
of an environmental impact statement under section 3(b)(2)), the land 
exchange shall be null and void.
    (c) Return of Prior Ownership Status of Federal and Non-Federal 
Land.--If the land exchange is voided under subsection (b)--
            (1) the Federal land and non-Federal land shall be returned 
        to the respective ownership status of each land prior to the 
        land exchange;
            (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; and
            (3) each selection of the Corporation under the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that was 
        relinquished under this Act shall be reinstated.
                                                       Calendar No. 975

110th CONGRESS

  2d Session

                                S. 1680

_______________________________________________________________________

                                 A BILL

To provide for the inclusion of certain non-Federal land in the Izembek 
  National Wildlife Refuge and the Alaska Peninsula National Wildlife 
         Refuge in the State of Alaska, and for other purposes.

_______________________________________________________________________

                           September 16, 2008

                       Reported with an amendment