Short title

This Act may be cited as the

Izembek and Alaska Peninsula Refuge and Wilderness Enhancement Act of 2007

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)1 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 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.

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.

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.

Short title

This Act may be cited as the

Izembek and Alaska Peninsula Refuge Enhancement Act of 2008

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.

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.

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.

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).

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.

September 16, 2008

Reported with an amendment