S. 1092 (rs) 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. ...

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105th CONGRESS
  2d Session
                                S. 1092


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 21, 1998

                 Referred to the Committee on Resources

_______________________________________________________________________

                                 AN ACT


 
  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.

    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 Health and Safety Act of 
1998''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) King Cove, Alaska is a community in the westernmost 
        region of the Alaska Peninsula with a population of roughly 800 
        full-time residents and an additional 400 to 600 workers who 
        are transported in and out of the community a number of times a 
        year to work in the local fish processing plant and on fishing 
        vessels;
            (2) the majority of the full-time residents are indigenous 
        Native peoples of Aleut ancestry that have resided in the 
        region for over 5,000 years;
            (3) the only mode of access to or from King Cove is via 
        small aircraft or fishing boat, and the weather patterns are so 
        severe and unpredictable that King Cove is one of the worst 
        places in all of the United States to access by either of these 
        modes of transportation;
            (4) the State of Alaska has initiated the King Cove to Cold 
        Bay Transportation Improvement Assessment to confirm the need 
        for transportation improvements for King Cove and to identify 
        alternative methods of improving transportation access with 
        comprehensive environmental and economic review of each 
        alternative;
            (5) the State of Alaska has identified a road between King 
        Cove and Cold Bay as one of the alternatives to be evaluated in 
        the transportation planning process but for a road to be a 
        viable option for the State of Alaska, the Congress must grant 
        a legislative easement within the Izembek National Wildlife 
        Refuge (``Refuge'') across approximately seven miles of 
        wilderness land owned by the Federal Government;
            (6) there are fourteen miles of roads within the wilderness 
        boundary of the Refuge which are currently traveled by 
        vehicles;
            (7) any road constructed in accordance with such easement 
        would be an unpaved, one-lane road sufficient in width to 
        satisfy State law; and
            (8) the combined communities of King Cove and Cold Bay have 
        approximately 250 vehicles.

SEC. 3. PURPOSE.

    The purpose of this Act is to establish a surface transportation 
easement across Federal lands within the Refuge and to transfer 664 
acres of high value habitat lands adjacent to the Refuge in fee simple 
from the King Cove Corporation to the Federal Government as new 
wilderness lands within the Refuge in exchange for redesignating a 
narrow corridor of land within the Refuge as nonwilderness lands.

SEC. 4. LAND EXCHANGE.

    If the King Cove Corporation offers to transfer to the United 
States all right, title, and interest of the Corporation in and to all 
land owned by the Corporation in Sections 2, 3, 4, 5, 6, and 7 of T 57 
S, R 88 W, Seward Meridian, Alaska, and any improvements thereon, the 
Secretary of the Interior (``Secretary'') shall, not later than 30 days 
after such offer, grant the Aleutians East Borough a perpetual right-
of-way of 60 feet in width through the lands described in sections 6 
and 7 of this Act for the construction, operation and maintenance of 
certain utility-related fixtures and of a public road between the city 
of Cold Bay, Alaska, and the city of King Cove, Alaska and accept the 
transfer of the offered lands. Upon transfer to the United States, such 
lands shall be managed in accordance with section 1302(i) of the Alaska 
National Interest Lands Conservation Act, shall be included within the 
Refuge, and shall be managed as wilderness.

SEC. 5. RIGHT-OF-WAY.

    Unless otherwise agreed to by the Secretary and the Aleutians East 
Borough, the right-of-way granted under section 4 shall--
            (1) include sufficient lands for logistical staging areas 
        and construction material sites used for the construction and 
        maintenance of an unpaved, one-lane public road sufficient in 
        width to meet the minimum requirements necessary to satisfy 
        State law;
            (2) meet all requirements for a public highway right-of-way 
        under the laws of the State of Alaska; and
            (3) include the right for the Aleutians East Borough, or 
        its assignees, to construct, operate, and maintain electrical, 
        telephone, or other utility facilities and structures within 
        the right-of-way.

SEC. 6. CONFORMING CHANGE.

    Upon the offer of Corporation lands under section 4, the boundaries 
of the wilderness area within the Refuge are modified to exclude from 
wilderness designation a 100 foot wide corridor to accommodate the 
right-of-way within the following land sections:
            (1) Sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 
        30, 35, and 36 of T 56 S, R 87 W, Seward Meridian, Alaska.
            (2) Sections 23, 24, 25, 26, 27, 34, 35, and 36 of T 56 S, 
        R 88 W, Seward Meridian, Alaska.
            (3) Sections 1, 2, 11, and 12 of T 57 S, R 89 W, Seward 
        Meridian, Alaska.

SEC. 7. RIGHT-OF-WAY LOCATION.

    Unless otherwise agreed to by the Secretary and the Aleutians East 
Borough, the right-of-way granted under section 4 shall be located 
within--
            (1) sections 2, 3, 10, and 11 of T 59 S, R 86 W, Seward 
        Meridian, Alaska;
            (2) sections 27, 28, 29, 30, 31, 32, 33, 34, and 35 of T 59 
        S, R 86 W, Seward Meridian, Alaska;
            (3) sections 3, 4, 9, 10, 13, 14, 15, 16, 23, 24, 25, 26, 
        and 36 of T 58 S, R 87 W, Seward Meridian, Alaska;
            (4) sections 5, 6, 7, 8, 9, 16, 17, 20, 21, 27, 28, 29, 32, 
        33, and 34 of T 57 S, R 87 W, Seward Meridian, Alaska;
            (5) sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 
        30, 35, and 36 of T 56 S, R 87 W, Seward Meridian, Alaska;
            (6) sections 23, 24, 25, 26, 27, 34, 35, and 36 of T 56 S, 
        R 88 W, Seward Meridian, Alaska;
            (7) section 6 of T 57 S, R 88 W, Seward Meridian, Alaska; 
        and
            (8) sections 1, 2, 11, and 12 of T 57 S, R 89 W, Seward 
        Meridian, Alaska.

SEC. 8. TECHNICAL AMENDMENTS.

    The following provisions of law shall not be applicable to any 
right-of-way granted under section 4 of this Act or to any road 
constructed on such right-of-way--
            (1) section 22(g) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1621(g));
            (2) title XI of the Alaska National Interest Lands 
        Conservation Act (16 U.S.C. 3161 et seq.), except as specified 
        in this section; and
            (3) section 303(c) of title 49, United States Code.

SEC. 9. JOINT PLAN.

    The Secretary and the Aleutians East Borough shall jointly prepare 
a plan setting forth--
            (1) the times of the year a road may reasonably be 
        constructed when there are not high concentrations of migratory 
        birds in Kinzarof Lagoon; and
            (2) limitations on nonemergency road traffic during periods 
        of the year when there are high concentrations of migratory 
        birds in Kinzarof Lagoon.

SEC. 10. TRANSFER.

    If within 24 months of the date the King Cove Corporation offers to 
transfer to the United States all right, title, and interest of the 
Corporation lands set forth in section 4 of this Act, the Secretary and 
the Aleutians East Borough fail to mutually agree on the following--
            (1) a final land exchange and a grant of a right-of-way 
        pursuant to section 4; and
            (2) the right-of-way specifications, and terms and 
        conditions of use set forth in sections 5, 6, 7 and 8 of this 
        Act;
then the Aleutians East Borough shall have the right to select a 60 
foot right-of-way for the construction, operation, and maintenance of 
certain utility-related fixtures and of a public road from lands 
described in section 7 of this Act, and to identify logistical staging 
areas and construction material sites within the right-of-way. If an 
agreement is not reached within 6 months after the Aleutians East 
Borough notifies the Secretary of its selection, then the right-of-way 
is hereby granted to the Borough.

            Passed the Senate October 1 (legislative day, September 
      29), 1998.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.

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