[House Report 105-398]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-398
_______________________________________________________________________


 
                KING COVE HEALTH AND SAFETY ACT OF 1997

                                _______
                                

November 8, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2259]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2259) to provide for a transfer of land interests in 
order to facilitate surface transportation between the cities 
of Cold Bay, Alaska, and King Cove, Alaska, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                          purpose of the bill

    The purpose of H.R. 2259 is to provide for a transfer of 
land interests in order to facilitate surface transportation 
between the cities of Cold Bay, Alaska, and King Cove, Alaska, 
and for other purposes.

                  background and need for legislation

    H.R. 2259 is needed to improve the safety and reliability 
of transportation for the people of King Cove, a remote 
community on the end of the Alaska peninsula. The bill grants a 
100-foot wide right-of-way for a one-lane, gravel public road 
from King Cove to Cold Bay, Alaska. The proposed road would 
link King Cove into an existing road system that extends into 
Izembek National Wildlife Refuge (NWR) from Cold Bay. A federal 
easement is necessary because seven miles of the right-of-way 
traverse designated wilderness in the 303,000 acre Izembek NWR, 
and other segments cross non-wilderness refuge land. The route 
also crosses private land owned by the King Cove Corporation, 
and state land. In exchange for the easement, the United States 
acquires property owned by the King Cove Corporation with high 
habitat value in the Izembek NWR. The bill explicitly ensures 
that reasonable terms and conditions for the unimproved road 
are to be developed by local and federal authorities to protect 
public land and resources in the refuge.
    At present, there is no safe and reliable transportation 
for the residents of King Cove. The only access to the rest of 
Alaska for this community of 900 is through the City of Cold 
Bay. Cold Bay has a large, modern airport serving as the 
region's gateway to the outside world. However, to get to Cold 
Bay, people in King Cove must risk their lives on a treacherous 
flight from a dirt landing strip, or a three- to four-hour boat 
ride, through some of the most extreme weather conditions in 
North America. No year-round safe and reliable modes of 
transportation are available to the residents. The people of 
King Cove, the Aleutians East Borough, and local health care 
providers have long sought safer means of transportation to 
Cold Bay, and have petitioned this Committee for the easement.
    One of the major reasons surface transportation is urgently 
needed is to secure safe and viable access to medical help 
since King Cove lacks a hospital. For people who need urgent 
medical attention, like the sick, injured, pregnant, or 
elderly, taking a boat or airplane is dangerous, difficult, and 
time-consuming. In one tragic case, an attempt to Medivac a 
gravely injured fisherman from King Cove resulted in a crash 
killing all four aboard, including the only nurse in town. If a 
road had been available, this would not have happened.
    The proposed road has been under serious discussion for 
more than ten years. Previous studies all point to the need for 
improved transportation between the two communities, with the 
road generally regarded as affording the most safe and reliable 
mode of transportation.
    The King Cove Corporation has made several requests to the 
Fish and Wildlife Service to grant the right-of-way through a 
land exchange agreement. The agency has rejected these offers, 
citing concern with the potential impact of the proposed road 
in the refuge.
    During a hearing on H.R. 2259, the Administration indicated 
it would veto the bill because it is opposed to a right-of-way 
in a wilderness area. However, the Administration position 
reflects a disturbing double-standard. There are over 40 miles 
of roads in Cold Bay that extend into the 303,000 acre Izembek 
NWR, including wilderness areas similar to (or the same as) 
areas where the right-of-way authorized by H.R. 2259 is located 
yet now said by the Administration to be too sensitive to any 
traffic. Most of the existing road network dates back to World 
War II when the area was a military outpost. The U.S. Fish and 
Wildlife Service uses these roads, as do visitors from outside 
the region. Further, the Fish and Wildlife Service actually 
markets these roads in order to increase recreation in the 
refuge. A brochure distributed by this agency indicates how 
people can use the roads in both the wilderness and non-
wilderness areas of the refuge, and includes information on 
truck rentals.
    So while the Administration permits and encourages use of 
roads in a wilderness area for visitors and Fish and Wildlife 
Service personnel, it denies 900 permanent residents a seven-
mile extension even though lives will be saved.
    Given the age and utilization of these roads, it is evident 
they have had no adverse impact while providing known benefits. 
By comparison, a seven-mile gravel road authorized under H.R. 
2259 can be expected to have little or negligible adverse 
impact if carefully designed and constructed, but yield the 
highest known benefit possible--saving lives.

                            committee action

    H.R. 2259 was introduced on July 24, 1997, by Congressman 
Don Young (R-AK). The bill was referred to the Committee on 
Resources. On September 10, 1997, the Committee held a hearing 
on H.R. 2259, where testimony was received from the United 
States Fish and Wildlife Service, representatives of the City 
of King Cove, Alaska, the King Cove Corporation, the local 
tribal council of King Cove, and from the Sierra Club (Alaska 
Chapter); the Administration testified in opposition to H.R. 
2259. On October 1, 1997, the Committee met to mark up H.R. 
2259. The bill was ordered favorably reported by voice vote 
(without amendment) to the House of Representatives.

            committee oversight findings and recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   constitutional authority statement

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact H.R. 2259.

                        cost of the legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2259. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     compliance with house rule xi

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2259 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2259.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2259 from the Director of the Congressional Budget Office.

               congressional budget office cost estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 3, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2259, the King 
Cove Health and Safety Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoria V. 
Heid.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 2259--King Cove Health and Safety Act of 1997

    CBO estimates that enacting this bill would have no 
significant impact on the federal budget. Because the bill 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. H.R. 2259 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act of 1995 and would impose no costs 
on state, local, or tribal governments. The land exchange 
authorized in this bill would be voluntary on the part of the 
affected local and tribal governments.
    H.R. 2259 provides that if the King Cove Corporation 
transfers to the United States certain lands within the 
boundaries of the Izembek National Wildlife Refuge in Alaska, 
then the Secretary of the Interior is directed to grant to the 
Aleutians East Borough a perpetual right-of-way 100 feet wide 
through the Izembek National Wildlife Refuge. The right-of-way 
would be used for utility-related fixtures and for a public 
road between the cities of Cold Bay, Alaska, and King Cove, 
Alaska. The bill provides that the land transferred to the 
United States be managed by the U.S. Fish and Wildlife Service 
as part of the Izembek National Wildlife Refuge. Based on 
information from the U.S. Fish and Wildlife Service, CBO 
estimates that enacting the bill could increase management 
costs for the refuge because it might result in additional 
traffic through the area, but any such additional costs would 
likely total less than $500,000 per year and would be subject 
to appropriation action.
    The CBO staff contact for this estimate is Victoria V. 
Heid. This estimate was approved by Paul N. Van de Water, 
Assistant Director for Budget Analysis.

                    compliance with public law 104-4

    H.R. 2259 contains no unfunded mandates.

                        changes in existing law

    If enacted, H.R. 2259 would make no changes in existing 
law.

                            DISSENTING VIEWS

    The stated rationale for this bill is to improve public 
health and safety by facilitating a 30-mile public road between 
the Alaskan communities of King Cove and Cold Bay. 
Specifically, the legislation would require the Secretary of 
the Interior to grant a permanent right-of-way for a road and 
utility corridor across 10 miles of Izembek National Wildlife 
Refuge wetlands, including 7 miles of designated wilderness.
    I oppose this legislation and urge my colleagues in the 
House to reject if for several important reasons.
    First, this bill is fundamentally inconsistent with laws 
requiring that activities on refuges be compatible with the 
purposes for which the refuges were established, most notably 
the ``National Wildlife Refuge System Improvement Act of 1997'' 
which was just enacted by Congress [Public Law 105-57]. As the 
U.S. Fish and Wildlife Service stated in a September 30, 1997 
letter opposing H.R. 2259, ``[c]onstruction of a road through 
this pristine wilderness area would not be compatible with the 
purposes for which the Izembek National Wildlife Refuge was 
established.'' [Attachment A]
    Second, it is not apparent that a road is the best or most 
cost-effective means of improving public safety for the 
community of King Cove. The State of Alaska is conducting a 
study of transportation alternatives, including enhancement of 
the marine ferry connections with Cold Bay, and other options 
such as use of hovercraft or emergency helicopters. In 
reporting this legislation prematurely without benefit of the 
State alternatives study,the Majority in essence seeks to stick 
the federal taxpayers with the costs of constructing the road, 
estimated to be $40 million (90 percent of which would come 
from federal highway funds) and the costs of maintaining the 
road, which are estimated to be $500,000 annually.
    Third, construction of this road may have significant 
environmental impacts upon habitat which is vital for migratory 
waterfowl. According to the USF&WS, the world's populations of 
Pacific black brant and many other waterfowl species depend 
upon the lagoons in the narrow isthmus that would be bisected 
by the road. The potential impacts to critical waterfowl 
habitat in Alaska is therefore of direct concern to California 
and the other states and nations which comprise the Pacific 
Flyway.
    Fourth, notwithstanding these serious concerns about the 
potential environmental impacts of the road, the bill provides 
for exemptions from the requirements of the national 
Environmental Policy Act, the Alaska Native Claims Settlement 
Act, the Alaska National Interest Lands Conservation Act, and 
the National Historic Preservation Act. In the opinion of the 
USF&WS, ``[s]uch exemptions undercut the applicability of the 
laws, undermine enforcement, possibly lead to serious 
environmental problems, and set a dangerous precedent by 
encouraging similar waivers.'' The exemptions certainly do not 
provide any comfort that the bill would lead to an 
environmentally responsible project on the affected refuge 
wilderness lands.
                                                     George Miller.
                                ------                                


                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                Washington, DC, September 30, 1997.
Hon. Don Young,
Chairman, Resources Committee,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: On Wednesday, October 1, the Resources 
Committee is scheduled to mark-up H.R. 2259, the King Cove 
Health and Safety Act of 1997. The Department strongly opposes 
H.R. 2259 and, if presented to the President in its current 
form, the Secretary will recommend that the President veto the 
legislation.
    Although the Department understands and supports the desire 
to ensure safe transportation between the King Cove and Cold 
Bay communities, H.R. 2259 would result in a perpetual right-
of-way through the lands and waters of Izembek National 
Wildlife Refuge and Izembek Wilderness. This right-of-way would 
be for the purpose of constructing a public road, and 
constructing, operating, and maintaining utility related 
fixtures between two rural communities located near the tip of 
the southern Alaska Peninsula. The proposed corridor would 
bisect a narrow isthmus between Izembek and Kinzarof Lagoons 
while traversing 10 miles of Refuge lands, including 7 miles of 
designated wilderness.
    The Department is sympathetic to safe and economical 
transportation for remote communities in the State of Alaska. 
At the same time, we, as an agency, must also safeguard the 
resources of the National Wildlife Refuge System. The Izembek 
Lagoon complex is vital habitat to hundreds of thousands of 
waterfowl, including the world's population of the regal 
emperor goose and the Pacific black brant. These waterfowl 
species descend on Izembek and Kinzarof Lagoons during spring 
and fall migrations.
    Construction and the use of the proposed road as outlined 
in H.R. 2259 would disturb internationally unique waterfowl 
populations. Construction through this fragile tundra 
environment also would result in increased silt loads and alter 
drainage patterns into Kinzarof Lagoon. Increased siltation 
will affect the health of the eelgrass beds upon which these 
waterfowl species depend.
    The proposed road also would parallel the Joshua Green 
River system, a key brown bear denning area, and bisect an 
important wintering and primary migration corridor of the 
southern Alaska Peninsula Caribou Herd. Vehicular traffic and 
increased human presence will affect adversely seasonal 
distributions and migration routes for this important specie.
    Construction of a road through this pristine wilderness 
area would not be compatible with the purposes for which the 
Izembek National Wildlife Refuge was established. We believe, 
however, that viable alternatives to a proposed road exist and 
warrant further evaluation.
    The Alaska Department of Transportation and Public 
Facilities (ADOT/PF) is currently evaluating transportation 
alternatives. Some of these alternatives have the potential to 
provide safe, highly reliable, and environmentally compatible 
travel between the Cold Bay and King Cove communities. We urge 
further consideration of these alternatives.
    The communities of King Cove and Cold Bay are separated by 
approximately 20 miles of marine waters that have provided 
passage between the communities for over 50 years. Enhancing 
the marine transportation and shipping facilities would provide 
improved safe travel to the entire region. Regularly scheduled 
ferry service between King Cove and Cold Bay would provide safe 
and reliable travel with fewer environmental impacts than a 
road. The development of routine marine service would entail 
improving the docking facility at Cold Bay and providing a 
vessel equipped with state of the art navigational aids to 
travel between the two communities. In addition, improvements 
to air travel would also benefit the King Cove and Cold Bay 
communities. Relocating or upgrading the current air facility 
could greatly improve air access.
    The Department is working cooperatively with the state in 
the consideration and planning of alternatives to meet the 
transportation needs of King Cove and the surrounding 
communities. The Department does not see the goals of safety 
for Alaskan citizens and conserving vital fish and wildlife 
populations and habitat of the Izembek National Wildlife Refuge 
as mutually exclusive. We support working within the framework 
of existing public processes to reach a solution that provides 
safe and reliable transportation for the citizens of Alaska, 
without compromising the ecological integrity of this pristine 
wildland area.
    In addition to the above concerns, the Administration 
strongly objects to language in Sections 4 (c) and (e) that 
exempts the land exchange from requirements of the National 
Environmental Policy Act, 49 U.S.C. 303(c), the Alaska Native 
Claims Settlement Act, the Alaska National Interest Lands 
Conservation Act and the National Historic Preservation Act. 
Such exemptions undercut the applicability of the laws, 
undermine enforcement, possibly lead to serious environmental 
problems, and set a dangerous precedent by encouraging similar 
waivers.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                  William L. Leary,
                             Acting Assistant Secretary for
                                       Fish and Wildlife and Parks.