[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1929 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 1929

 To require the Secretary of the Interior to transfer to the State of 
  Alaska certain land for the purpose of building a road between the 
community of King Cove and the all-weather airport in Cold Bay, Alaska.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 15, 2014

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

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of the Interior to transfer to the State of 
  Alaska certain land for the purpose of building a road between the 
community of King Cove and the all-weather airport in Cold Bay, Alaska.

    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 All-Weather Road Corridor 
Act''.

SEC. 2. IZEMBEK NATIONAL WILDLIFE REFUGE LAND CONVEYANCE.

    Title VI of the Omnibus Public Land Management Act of 2009 (Public 
Law 111-11; 123 Stat. 1178) is amended by striking subtitle E and 
inserting the following:

     ``Subtitle E--Izembek National Wildlife Refuge Land Conveyance

``SEC. 6401. DEFINITIONS.

    ``In this subtitle:
            ``(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) Governor.--The term `Governor' means the Governor of 
        the State.
            ``(4) 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.
            ``(5) 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 6402(a)), as 
                generally depicted on the map.
            ``(6) Refuge.--The term `Refuge' means the Izembek National 
        Wildlife Refuge.
            ``(7) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(8) State.--The term `State' means the State of Alaska.
            ``(9) Tribe.--The term `Tribe' means the Agdaagux Tribe of 
        King Cove, Alaska.

``SEC. 6402. LAND CONVEYANCE.

    ``(a) In General.--On the date of enactment of the King Cove All-
Weather Road Corridor Act, subject to the conditions and requirements 
described in this subtitle, the Secretary shall convey to the State all 
right, title, and interest of the United States in and to the Federal 
land for the purpose of constructing a single-lane gravel road between 
the communities of King Cove and Cold Bay, Alaska.
    ``(b) Land Exchange.--
            ``(1) In general.--As a condition of the conveyance under 
        subsection (a), the State and the Corporation shall, not later 
        than 15 days after the date of enactment of the King Cove All-
        Weather Road Corridor Act, notify the Secretary of the intent 
        to convey the non-Federal land from the State and the 
        Corporation to the United States.
            ``(2) Reversion.--The land conveyance under section 6402(a) 
        shall be null and void if the State and the Corporation have 
        not conveyed the non-Federal land from the State and the 
        Corporation to the United States not later than 60 days after 
        the date of enactment of King Cove All-Weather Road Corridor 
        Act.
    ``(c) Valuation.--The land conveyed under subsection (a) shall not 
be subject to any requirement under any Federal law (including 
regulations) relating to the valuation, appraisal, or equalization of 
land.
    ``(d) Considerations.--In constructing the road described in 
subsection (a), the Governor shall--
            ``(1) minimize the adverse impact of the road corridor on 
        the Refuge;
            ``(2) minimize the acreage of Federal land that is required 
        for the construction of the road corridor, consistent with 
        national road construction safety practices; and
            ``(3) to the maximum extent practicable, incorporate into 
        the road corridor roads that are in existence as of the date of 
        enactment of the King Cove All-Weather Road Corridor Act.

``SEC. 6403. 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 land conveyed under section 6402(a) shall be 
                used primarily for health and safety purposes 
                (including access to and from the Cold Bay Airport) and 
                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).
            ``(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 and design features.--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) Transfer of Land After Construction.--On the date on which 
the road described in subsection (a)(1)(A) is completed, the Governor 
of the State shall transfer to the United States any land conveyed 
under section 6402(a) that the Governor determines is not necessary for 
the road corridor.
    ``(e) 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).
    ``(f) Avoidance of Wildlife Impacts and Mitigation of Wetland 
Loss.--
            ``(1) Avoidance of wildlife impacts.--
                    ``(A) In general.--Road construction shall comply 
                with standard construction practices in the State, as 
                determined by the Governor of the State, that--
                            ``(i) identify critical periods during the 
                        calendar year when the Refuge is utilized by 
                        wildlife, especially migratory birds;
                            ``(ii) include specific mandatory 
                        strategies to alter, limit or halt construction 
                        activities during identified high risk periods 
                        to minimize impacts to wildlife; and
                            ``(iii) allow for the timely construction 
                        of the road.
                    ``(B) Public availability.--The Governor of the 
                State shall make available to the public the practices 
                described in subparagraph (A).
            ``(2) Mitigation of wetlands loss.--The land conveyed under 
        section 6402(a) shall comply with section 404 of the Federal 
        Water Pollution Control Act (33 U.S.C. 1344) with regard to 
        minimizing, to the greatest extent practicable, the filling, 
        fragmentation or loss of wetlands, especially intertidal 
        wetlands, and the Governor shall evaluate mitigating any effect 
        on those wetlands transferred in Federal ownership under the 
        provisions of this subtitle.

``SEC. 6404. ADMINISTRATION OF CONVEYED LANDS.

    ``(a) Federal Land.--On completion of the land exchange under 
section 6402(a)--
            ``(1) 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
            ``(2) 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.
    ``(b) Non-Federal Land.--Upon completion of the land exchange under 
section 6402(a), the non-Federal land conveyed to the United States 
under this subtitle shall be--
            ``(1) added to the Refuge or the Alaska Peninsula National 
        Wildlife Refuge, as appropriate, as generally depicted on the 
        map; and
            ``(2) administered in accordance with the laws generally 
        applicable to units of the National Wildlife Refuge System.
    ``(c) Wilderness Additions.--
            ``(1) In general.--Upon completion of the land exchange 
        under section 6402(a), approximately 43,093 acres of land as 
        generally depicted on the map shall be added to--
                    ``(A) the Izembek National Wildlife Refuge 
                Wilderness; or
                    ``(B) the Alaska Peninsula National Wildlife Refuge 
                Wilderness.
            ``(2) Administration.--The land added as wilderness under 
        paragraph (1) 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).
    ``(d) Permits for Dredged or Fill Materials.--The land conveyed 
under section 6402(a) shall not be subject to section 404(c) of the 
Federal Water Pollution Control Act (33 U.S.C. 1344(c)).

``SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION.

    ``(a) Voided Land Conveyance.--The land conveyance under section 
6402(a) shall be null and void if construction of the road through the 
Refuge--
            ``(1) has not begun during the period beginning on the date 
        of enactment of the King Cove All-Weather Road Corridor Act and 
        ending on the date that is 7 years after the date of enactment 
        of the King Cove All-Weather Road Corridor Act; and
            ``(2) has not been completed during the period beginning on 
        the date of enactment of the King Cove All-Weather Road 
        Corridor Act and ending on the date that is 12 years after the 
        date of enactment of the King Cove All-Weather Road Corridor 
        Act.
    ``(b) Return of Prior Ownership Status of Federal Land.--If the 
land conveyance is voided under subsection (b)--
            ``(1) the ownership of the Federal land shall revert back 
        to the United States; and
            ``(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.

``SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY.

    ``(a) In General.--Any legislative authority for construction of a 
road shall expire at the end of the 7-year period beginning on the date 
of the enactment of the King Cove All-Weather Road Corridor Act unless 
a construction permit has been issued during that period.
    ``(b) Extension of Authority.--If a construction permit is issued 
within the allotted period, the 7-year authority shall be extended for 
a period of 5 additional years beginning on the date of issuance of the 
construction permit.
    ``(c) Extension of Authority as Result of Legal Challenges.--
            ``(1) In general.--Prior to the issuance of a construction 
        permit, if a lawsuit or administrative appeal is filed 
        challenging the conveyance of the land under section 6402(a) or 
        construction of the road, the 7-year deadline or the 5-year 
        extension period, as appropriate, shall be extended for a time 
        period equivalent to the time consumed by the full adjudication 
        of the legal challenge or related administrative process.
            ``(2) Injunction.--After a construction permit has been 
        issued, if a court issues an injunction against construction of 
        the road, the 7-year deadline or 5-year extension, as 
        appropriate, shall be extended for a time period equivalent to 
        the time period that the injunction is in effect.
    ``(d) Applicability of Section 6405.--On the expiration of the 
legislative authority under this section, if a road has not been 
constructed, the land exchange shall be null and void and the land 
ownership shall revert to the respective ownership status prior to the 
land exchange as provided in section 6405.''.
                                 <all>