[Congressional Record Volume 153, Number 101 (Thursday, June 21, 2007)]
[Senate]
[Pages S8239-S8241]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MURKOWSKI (for herself and Mr. Stevens):
  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; to the Committee on Energy and Natural Resources.
  Ms. MURKOWSKI. Mr. President, the Izembek and Alaska Peninsula 
Wildlife Refuge and Wilderness Enhancement Act authorizes a land 
exchange among the U.S. Department of the Interior, the State of 
Alaska, and the people of King Cove. King Cove is an Alaska Native 
village and many of its present day residents descend from the 
indigenous Aleut people who have lived and thrived in this isolated 
area of the Alaska Peninsula for over 4,000 years.
  This bill provides the land for a road on which to travel to the 
nearest all-weather airport which is located in Cold Bay. The people of 
King Cove do not have a road to their airport today because a National 
Wildlife Refuge wilderness sits between their village and Cold Bay.
  World War II prompted the construction of a major air facility at 
Cold Bay, which is about 25 miles north of King Cove. Today, the Cold 
Bay Airport with a 10,000 foot main runway and a 6,500 foot crosswind 
runway is one of the largest airport facilities in Alaska and is 
accessible 365 days a year. However, the problem for King Cove 
residents has always been their inability to get to the airport on a 
predictable basis due to constant, ever changing weather conditions, 
combined with King Cove's topographic constraints.
  These topographic constraints are directly related to the location of 
King Cove's small gravel airstrip nestled between 3,000 foot volcanic 
peaks. To access the airstrip in King Cove, pilots must navigate a 
narrow opening in the mountains.
  Over the past 30 years, efforts by King Cove residents attempting to 
reach the Cold Bay Airport have resulted in numerous small plane 
crashes, some fatal. Neither King Cove nor Cold Bay have the sort of 
hospital facilities that are found in Anchorage. When King Cove people 
have a serious medical condition, they need to be ``medevaced'' to 
Anchorage from Cold Bay. That assumes that they can reach the airport 
at Cold Bay.
  This legislation accomplishes the goal of providing the King Cove 
people with a road to the airport. It accomplishes this goal in a way 
that provides a net gain, rather than a net loss, to wilderness. The 
exchange provided for in this bill will add 61,723 acres to the Izembek 
and Alaska Peninsula National Wildlife Refuges. It adds 45,456 acres of 
wilderness, the first new wilderness areas designated by the Congress 
in Alaska in a generation. Not since the passage of the Alaska National 
Interest Lands Conservation Act, ANILCA, has new wilderness been 
designated in Alaska.
  More importantly, this bill will add key areas of wildlife habitat to 
these two world-class wildlife refuges. Habitat for some of the largest 
and wildest brown bears in the world will transfer from private to 
public ownership. Other areas include key habitat for internationally 
valued waterfowl such as stellar eiders and brants.
  I am sad to say that this is not a new issue for this body. The 
people of King Cove have been seeking justice in the form of a simple 
road to Cold Bay for decades. Congress attempted to make things right 
for the people of King Cove about a decade ago and came up with an 
imperfect solution.
  This imperfect solution involved the construction of a 17-mile road 
from King Cove to a point near the border of the Izembek Refuge 
wilderness and a very expensive hovercraft to ferry King Cove residents 
across the rough waters of Cold Bay. The community has concluded that 
it cannot afford the cost of the hovercraft solution.
  This bill will finish the job started by the Congress a few years 
ago. This bill provides a wonderful combination of wilderness additions 
in return for a small road corridor within the Izembek Wildlife Refuge 
to permit the current 17-mile road to be completed all the way to Cold 
Bay. This is the fairest and most logical process by which the King 
Cove residents and the nation can all benefit.
  I want to commend the parties who have worked on this bill. The State 
of Alaska, has brought nearly 43,000 acres to this exchange. Without 
this land, the exchange would not be possible. The King Cove Native 
Corporation, which is a Village Corporation created

[[Page S8240]]

by the Alaska Native Claim Settlement Act, ANCSA, is donating 
approximately 2,500 acres of high value wetland habitat in Kinzaroff 
Lagoon. This lagoon is part of the Izembek National Wildlife Refuge and 
will be designated as wilderness, so that the mouth of this lagoon will 
be in public ownership. The corporation is also offering another 10,500 
acres, which will be made part of the Alaska Peninsula Wildlife Refuge 
while relinquishing another 5,400 acres of their ANCSA land in the 
Refuge.
  The only land, which will leave Federal ownership in the area, is 
approximately 206 acres for a narrow road to connect the existing road 
from King Cove to the Cold Bay Airport. The route and alignment of the 
road, within the corridor established by the bill, will be determined 
through an inclusive, cooperative planning process.
  It has been suggested by some that we should not reopen this issue--
it has always been so controversial. People who fought this battle 
before, and still have the scars to prove it, were told that putting a 
road in a national wildlife refuge creates a bad precedent. I have been 
warned that every environmental group in the Nation will line up 
against me if I pursue the exchange.
  That may be true but this is how I see it. In the 25 years that have 
passed since the Alaska National Interest Lands Conservation Act, 
ANILCA, became law, I think most Alaskans have come to appreciate the 
value of setting aside land in Alaska for preservation. That 
appreciation took time. Many Alaskans, as you know, resisted ANILCA.
  In return, it is appropriate for Alaskans to expect the conservation 
system units to be good neighbors to the aboriginal communities that 
they border. That hasn't always been the case. The Aleut people of King 
Cove inhabited their lands long before there was an Izembek National 
Wildlife Refuge. The King Cove people steadfastly maintain that they 
were not consulted before the decision was made to make the land that 
stands between their community and the airport a wilderness. It is 
their contention that thousands of others across the United States, 
Canada, and Europe were invited by the Federal Govermment to make their 
views known in this process, yet they were denied a voice in this most 
crucial decision affecting their native homeland.
  To me the King Cove road isn't just a matter of transportation. It is 
a matter of respect for Native people. That is why I am willing to take 
up this cause on behalf of the Native people of King Cove. I ask my 
colleagues to join with me and with the Aleut people of King Cove to 
make their dream of a road to the airport, something that those in the 
Lower 48 take for granted, a reality.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1680

       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 Act of 2007''.

     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) 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 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

[[Page S8241]]

     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.
                                 ______