[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4668 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4668

 To provide for the retention and future use of certain land on Point 
Spencer in Alaska, to support the statutory missions and duties of the 
  Coast Guard, to convey certain land on Point Spencer to the Bering 
Straits Native Corporation, to convey certain land on Point Spencer to 
              the State of Alaska, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2014

    Mr. Young of Alaska (for himself and Mr. Hunter) introduced the 
    following bill; which was referred to the Committee on Natural 
   Resources, and in addition to the Committee on Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide for the retention and future use of certain land on Point 
Spencer in Alaska, to support the statutory missions and duties of the 
  Coast Guard, to convey certain land on Point Spencer to the Bering 
Straits Native Corporation, to convey certain land on Point Spencer to 
              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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Point Spencer Coast Guard and 
Public-Private Sector Infrastructure Development Facilitation and Land 
Conveyance Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) BSNC.--The term ``BSNC'' means the Bering Straits 
        Native Corporation authorized under section 7 of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1606) to represent and 
        manage land and resources from the settlement of aboriginal 
        claims of indigenous Alaska Natives in the Bering Strait region 
        of the State, including Inupiat, Yup'ik, and Siberian Yupik 
        peoples.
            (2) Governor.--The term ``Governor'' means Governor of the 
        State of Alaska.
            (3) Point spencer map or map.--The term ``Point Spencer 
        Map'' or ``Map'' means the map entitled the ``Point Spencer 
        Land Conveyance Map'' dated April 2014, and on file with the 
        Department of Homeland Security (the department in which the 
        Coast Guard is operating) and the Department of the Interior.
            (4) Point spencer parcel or parcel.--The term ``Point 
        Spencer Parcel'' or ``Parcel'' means the approximately 2,648 
        acres of land at Point Spencer withdrawn by the Public Land 
        Order. The Point Spencer Parcel is located in Townships 2, 3, 
        and 4 South, Range 40 West, Kateel River Meridian, Alaska.
            (5) Public land order.--The term ``Public Land Order'' 
        means Public Land Order 2650 published in the Federal Register 
        on April 12, 1962.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the department in which the Coast Guard is operating.
            (7) State.--The term ``State'' means the State of Alaska.
            (8) Public aircraft.--The term ``Public Aircraft'' means 
        any aircraft owned by, operated by, or chartered by the United 
        States, or owned, operated, or chartered by a contractor of the 
        United States for the performance of a Federal contract on or 
        from Point Spencer.

SEC. 3. PURPOSES.

    The purposes of this Act are:
            (1) To designate lands at Point Spencer that are to be--
                    (A) retained by the Coast Guard;
                    (B) conveyed to, or leased by, the State of Alaska; 
                and
                    (C) conveyed to the BSNC.
            (2) To provide for a reasonable, pragmatic, equitable, and 
        workable way to balance Federal, State, BSNC and other private 
        sector interests in the decommissioned and vacated former LORAN 
        station located on the Point Spencer Parcel.
            (3) To provide a means for future uses of Point Spencer by 
        Federal, State, and private sector stakeholders for a variety 
        of tasks and missions, including, but not limited to, search 
        and rescue, shipping safety, economic development, oil spill 
        prevention and response, protection of Alaska Native items of 
        antiquity, port of refuge, arctic research, maritime law 
        enforcement on the Bering Sea, the Chukchi Sea, and the Arctic 
        Ocean, and related uses.
            (4) To require the development of a Joint Management Plan 
        for the lands retained, conveyed, or leased under this Act by 
        the Coast Guard, the State, and the BSNC.

SEC. 4. RETENTION AND CONVEYANCE OF LAND.

    (a) Land for Use by the Coast Guard.--
            (1) In general.--Notwithstanding any other provision of law 
        and subject to valid existing rights, tracts 1, 3, and 4, as 
        depicted on the Map, shall remain withdrawn pursuant to the 
        Public Land Order for use by and under the jurisdiction of the 
        Coast Guard unless and until the Secretary determines that--
                    (A) except as provided in paragraph (2), the Coast 
                Guard no longer needs to retain jurisdiction over any 
                portion of tract 1, 3, or 4; and
                    (B) all land from tract 1, 3, or 4 as identified in 
                subparagraph (A) has been remediated to meet the 
                standards for industrial land developed by the Alaska 
                Department of Environmental Conservation.
            (2) Potential conveyance to bsnc and lease back to the 
        coast guard.--
                    (A) The Secretary shall notify the Secretary of the 
                Interior of any determination made under paragraph (1).
                    (B) Upon notification under subparagraph (A), the 
                Secretary of the Interior shall then convey lands for 
                which a determination has been made under paragraph (1) 
                to the BSNC.
                    (C) Lands conveyed to the BSNC under subparagraph 
                (B), upon a request of the Secretary, shall be leased 
                to the Coast Guard at no cost under existing law and 
                shall be charged against the remaining entitlement of 
                the BSNC under section 14(h)(8) of the Alaska Native 
                Claims Settlement Act (43 U.S.C. 1613(h)(8)) as set 
                forth in section 4(d)(1)(B).
            (3) Airstrip rights.--Notwithstanding paragraph (2), the 
        Secretary shall retain an easement over all existing and future 
        airstrips, runways, and taxiways, located on tract 2 
        authorizing the use of such airstrips, runways and taxiways by 
        Public Aircraft at no cost.
    (b) Conveyance or Lease to the State of Tract 2 and Tract 6.--
            (1) In general.--
                    (A) The State may choose to receive conveyance of 
                the surface and subsurface estates of tract 2 and tract 
                6, or, in lieu of a conveyance of such lands, may lease 
                tract 2 and tract 6 at no cost from the BSNC after 
                conveyance of tract 2 and tract 6 to the BSNC by the 
                Secretary of the Interior.
                    (B) The State shall notify the Secretary of the 
                Interior of its choice made under subparagraph (A) in 
                writing. Such notification by the State shall be deemed 
                to constitute relinquishment of the State's selection 
                of lands in tract 2 and tract 6 and agreement that the 
                Secretary of the Interior shall convey such land to the 
                BSNC.
                    (C) Notwithstanding any other provision of law, and 
                subject to valid existing rights, upon completion of 
                all applicable conditions required under subsection 
                (d), and if the State chooses to receive conveyance of 
                tract 2 and tract 6 under subparagraph (A), the 
                Secretary of the Interior shall convey to the State all 
                right, title, and interest of the United States in and 
                to the surface and subsurface estates of tract 2 and 
                tract 6, as depicted on the Point Spencer Map. The 
                conveyance of such estates comprising tract 2 and tract 
                6 shall be charged against the State's entitlement 
                under the Statehood Act (the Alaska Statehood Act of 
                July 7, 1958 (Public Law 85-508; 72 Stat. 339, as 
                amended)).
                    (D) If the State chooses under subparagraph (A) to 
                lease lands in tract 2 and tract 6, such lands shall be 
                conveyed by the Secretary of the Interior under the 
                Alaska Native Claims Settlement Act to the BSNC. The 
                BSNC shall then lease such lands to the State at no 
                cost to the State.
                    (E) The BSNC shall have the right to use all 
                existing and future airstrips, runways or and taxiways 
                located on tract 2 for access to and from the Parcel, 
                provided, however, that the State may charge the BSNC 
                and other private sector entities that use such 
                airstrips usual and customary landing fees or related 
                services for similar locations elsewhere in Alaska to 
                help defray maintenance and administrative costs 
                associated with the operation of the airstrip.
            (2) Right-of-way to and from airstrip.--
                    (A) In general.--Notwithstanding any conveyance 
                made under this Act, if requested by the State, the 
                Secretary of the Interior shall provide to the State 
                over the lands to be conveyed to the BSNC and those 
                retained by the Coast Guard, a right-of-way at no cost 
                for a road from the airstrip in tract 2, as depicted on 
                the Point Spencer Map, to the southern tip of the 
                Parcel.
                    (B) Location.--If the State determines to exercise 
                its right to the right-of-way in subparagraph (A), the 
                location of such right-of-way shall be determined by 
                the State, in consultation with the Coast Guard and the 
                BSNC so that the road will be compatible with other 
                existing or planned infrastructure development on Point 
                Spencer in accordance with the Joint Management Plan.
    (c) Conveyance to the BSNC of Tract 5.--
            (1) In general.--Notwithstanding any other provision of 
        law, and subject to valid existing rights and the provisions of 
        paragraph (2), upon completion of all applicable conditions 
        precedent required under subsection (d), and certification that 
        any necessary clean-up and remediation of tract 5 has been 
        completed to the standards set out in subsection (e)(2), or 
        that the BSNC has indicated by a resolution of its Board of 
        Directors submitted to the Secretary of the Interior before 
        conveyance that it is willing to accept tract 5 as is at the 
        time of such conveyance, the Secretary of the Interior shall 
        convey to the BSNC all right, title, and interest of the United 
        States in and to the surface and subsurface estates of tract 5, 
        as depicted on the Point Spencer Map. The conveyance of tract 5 
        to the BSNC shall reserve to the United States the provisions 
        set out in paragraph (4).
            (2) Airspace easement.--The State, Coast Guard, and the 
        BSNC shall negotiate an airspace easement bordering the 
        airstrip over land retained by the Coast Guard and over land 
        conveyed to the BSNC as reasonable and necessary for safety and 
        air operations. The State, Coast Guard, and the BSNC shall 
        notify the Secretary of the Interior upon completion of such 
        negotiations regarding the land in tract 2 and tract 5 that 
        shall be subject to the airspace easement.
            (3) Public access easement.--No public access easements 
        shall be reserved to the United States under section 17(b) of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)) 
        with respect to the land conveyed under paragraph (1) or 
        subsequent conveyances under section 4(a)(1) (A) and (B).
            (4) Archaeological and cultural resources.--
                    (A) In general.--Except as provided in subparagraph 
                (B), with respect to any archaeological resources 
                contained in the land conveyed under paragraph (1) 
                (tract 5), the United States shall retain, until 
                otherwise notified under subparagraph (B), the 
                authority and responsibility to enforce--
                            (i) the Archaeological Resources Protection 
                        Act of 1979 (16 U.S.C. 470aa et seq.);
                            (ii) the National Historic Preservation Act 
                        (16 U.S.C. 470 et seq.); and
                            (iii) the Native American Graves Protection 
                        and Repatriation Act (25 U.S.C. 3001 et seq.).
                    (B) Notification.--
                            (i) In general.--Not later than 270 days 
                        after the date of the enactment of this Act, 
                        the BSNC shall submit to the Secretary of the 
                        Interior a map that indicates the areas of 
                        tract 5 over which the Secretary of the 
                        Interior shall continue to retain the authority 
                        to enforce the Acts listed in subparagraph (A).
                            (ii) Enforcement after notification.--On 
                        receipt of the map described in clause (i)--
                                    (I) the Secretary of the Interior 
                                shall cease enforcing any of the Acts 
                                listed in subparagraph (A) on land 
                                located in tract 5 but outside of the 
                                areas described in subparagraph (B)(i); 
                                and
                                    (II) any future enforcement outside 
                                of the areas described in subparagraph 
                                (B)(i) shall be conducted in accordance 
                                with the Acts listed in subparagraph 
                                (A).
    (d) Conditions Precedent to Conveyance.--
            (1) Bering straits native corporation.--Not later than 120 
        days after the date of enactment of this Act, with respect to 
        any land leased under subsection (a)(2), (b) or conveyed under 
        subsection (c) to BSNC, BSNC shall provide to the Secretary of 
        the Interior, acting through the Alaska State Director of the 
        Bureau of Land Management, a corporate resolution adopted by 
        the Board of Directors of the BSNC--
                    (A) accepting the conveyance of any portions of 
                tract 1, 2, 3, 4, 5, or 6, as depicted on the Point 
                Spencer Map, under this section;
                    (B) agreeing that the conveyances made pursuant to 
                this Act will be charged against the remaining 
                entitlement of the BSNC under section 14(h)(8) of the 
                Alaska Native Claims Settlement Act (43 U.S.C. 
                1613(h)(8)) for a total of 2,320 acres, including any 
                portion of tract 1, 2, 3, 4, or 6, as depicted on the 
                Map, irrespective of the date of conveyance; and
                    (C) waiving the survey requirement of section 13 of 
                the Alaska Native Claims Settlement Act (43 U.S.C. 
                1612), as to the land conveyed to the BSNC under 
                subsection (c) or otherwise pursuant to this Act.
            (2) State.--Not later than 120 days after the date of the 
        enactment of this Act and as a condition precedent to any land 
        conveyed under this section, the Governor shall submit to the 
        Secretary of the Interior, acting through the Alaska State 
        Director of the Bureau of Land Management, a statement--
                    (A) accepting the option for conveyance of tract 2 
                and tract 6 as depicted on the Map or choosing to lease 
                tract 2 and tract 6 pursuant to subsection (b)(1) of 
                this section;
                    (B) relinquishing selection applications F-44467 
                and F-89393 as to those lands to be conveyed to BSNC 
                acknowledging that such relinquishment shall become 
                effective upon conveyance of any or all of tracts 1 
                through 6 irrespective of the dates of such 
                conveyances;
                    (C) agreeing that if the conveyance option to the 
                State under subsection (b) is chosen, such conveyance 
                will be charged against the remaining entitlement of 
                the State under section 6(b) of the Act of July 7, 1958 
                (commonly known as the ``Alaska Statehood Act'' (Public 
                Law 85-508; 72 Stat. 339, as amended)), for a total of 
                180 acres; and
                    (D) waiving the survey requirement of section 6(g) 
                of that Act as to the land conveyed under subsection 
                (b).
    (e) Administrative.--
            (1) In general.--On the dates on which the conveyances 
        under this section are complete--
                    (A) the portion of the Parcel conveyed to the BSNC 
                shall be charged against the remaining entitlement of 
                the BSNC under section 14(h)(8) of the Alaska Native 
                Claims Settlement Act (43 U.S.C. 1613(h)(8)) and be 
                considered a conveyance under that Act; and
                    (B) the portion of the Parcel conveyed to the State 
                shall be charged against the remaining entitlement of 
                the State under section 6(b) of the Act of July 7, 1958 
                (commonly known as the ``Alaska Statehood Act'' (Public 
                Law 85-508; 72 Stat. 339, as amended)), and be 
                considered a conveyance under that Act.
            (2) Clean-up and remediation.--To the extent cleanup and 
        remediation of hazardous materials on any tract of the Point 
        Spencer Parcel is required by law, and notwithstanding any 
        other provision of law--
                    (A) clean-up and remediation shall be performed in 
                accordance with the State of Alaska Department of 
                Environmental Conservation standards for land used for 
                industrial purposes; and
                    (B) notwithstanding subparagraph (A), any known 
                contamination that does not pose any immediate or long-
                term health risk shall be routinely monitored through 
                institutional controls.
            (3) Tidelands and submerged lands.--
                    (A) Ownership of the tidelands and submerged lands 
                adjacent to Point Spencer were presumptively conveyed 
                to the State of Alaska as provided by the Submerged 
                Lands Act of 1953, as amended, and made applicable to 
                the State of Alaska under section 6(m) of the Alaska 
                Statehood Act, 72 Stat. 343 (1958).
                    (B) The Secretary is authorized to exercise the 
                dominant Federal Navigational Servitude to install 
                temporary or permanent structures at no cost in or on 
                the tidelands and submerged lands of Point Spencer, 
                including, but not limited to, mooring buoy sinkers, 
                temporary or permanent piers, docks, or wharves.
                    (C) Nothing in this Act alters the existing 
                ownership by the State of tidelands and submerged lands 
                under existing State of Alaska and Federal law.
            (4) Joint management plan.--
                    (A) The Secretary, the State, and the BSNC shall 
                develop a Joint Management Plan for the use and 
                management of the lands retained, conveyed or leased 
                under this Act.
                    (B) The Joint Management Plan shall be updated 
                annually for the first 5 years and biennially 
                thereafter.
                                 <all>