69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–218 

KING COVE ROAD LAND EXCHANGE ACT 

JULY 13, 2017.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 218] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 218) to provide for the exchange of Federal land and nonFederal land in the State of Alaska for the construction of a road 

between King Cove and Cold Bay, 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. 218 is to provide for the exchange of Federal 

land and non-Federal land in the State of Alaska for the construction of a road between King Cove and Cold Bay. 

BACKGROUND AND NEED FOR LEGISLATION

The communities of King Cove and Cold Bay are located at the 

far west end of the Alaskan Peninsula, 625 miles southwest of Anchorage. King Cove is especially remote, linked to the outside world 

by a small gravel airstrip and a harbor. In the winter, harsh 

weather conditions and gale-force winds routinely ground planes 

and prohibit sea travel, preventing the community of nearly 1,000 

from accessing hospitals and other emergency services. This has resulted in a number of fatal accidents over the years, with evacuation from King Cove sometimes taking days due to the extreme 

2 

1The Aleutians East Borough, ‘‘King Cove Road Fact Sheet,’’ updated February 1, 2017. 

http://www.aleutianseast.org/vertical/sites/%7BEBDABE05-9D39-4ED4-98D4 

-908383A7714A%7D/uploads/Fact_Sheet_King_Cove_Road_Issue.pdf. 2The U.S. Fish and Wildlife Service, Izembek National Wildlife Refuge. ‘‘About the Refuge,’’ 

updated July 24, 2013. https://www.fws.gov/refuge/Izembek/about.html. 3The U.S. Fish and Wildlife Service, Alaska Peninsula Wildlife Refuge. ‘‘About the Refuge,’’ 

updated July 24, 2013. https://www.fws.gov/refuge/Alaska_Peninsula/About.html. 4The Aleutians East Borough op. cit., page 2. 

5Warrick, Jo. ‘‘King Cove’s Relentless Road War,’’ The Washington Post, May 27, 1998. 

Accessed March 30, 2017. https://www.washingtonpost.com/archive/politics/1998/05/27/kingcoves-relentless-road-war/08d3b248-d85a-4876-be07-a83bf1008de3/?utm_term=.a4b7bf2663ff. 6The Wilderness Society, ‘‘History of the Proposed Road Through Izembek National Wildlife 

Refuge,’’ updated April 16, 2016. http://wilderness.org/sites/default/files/Timeline%20 

-%20History%20of%20the%20 Proposed%20Road%20Through%20Izembek 

%20National%20Wildlife%20Refuge.pdf. 7The Aleutians East Borough op. cit., page 1. 

weather. As a result, the residents of King Cove seek a public road 

to the larger, more modern airport twenty miles away in Cold Bay, 

which serves as the regional transportation hub and a site for medical evacuations to fully staffed hospitals outside the region. Important to this bill, Cold Bay originated as World War II-era military 

base, and as a result has a sizable network of roads and infrastructure surrounding the community, some of which currently exist on 

the surrounding wilderness and National Wildlife Refuge areas.1

Between the two communities lie both the Izembek National 

Wildlife Refuge and a section of the Alaska Peninsula National 

Wildlife Refuge, two small components of Alaska’s nearly 59 million acres of designated wilderness. The Izembek National Wildlife 

Refuge was originally established as a Wildlife Range by an Alaska 

Public Land Order in 1960, and then was later converted to a National Wildlife Refuge by the Alaska National Interest Lands Conservation Act (ANILCA, 16 U.S.C. 3101 et seq.) in 1980.2 Additionally, the Alaska Peninsula National Wildlife Refuge was also designated with ANILCA’s passage. Both Refuges serve as important 

feeding grounds for migratory birds, with nearly the entire population of three separate species of geese returning to the Refuges 

each fall.3

King Cove community leaders have sought a road linking the two 

towns for nearly four decades.4 Major legislative action began in 

the 105th Congress, with then Natural Resources Committee 

Chairman Don Young introducing H.R. 2259, the King Cove Health 

and Safety Act of 1997, to facilitate a major land exchange between 

the State of Alaska and the U.S. Fish and Wildlife Service (FWS). 

Despite similar legislation (S. 1092) passing the Senate on a 59– 

38 vote, no House action was taken due to opposition from the 

Clinton White House and pushback from environmental groups.5

Ultimately, Congress provided $37.5 million in additional funding 

to the community of King Cove to fund the construction of a hovercraft terminal and local medical facility, as an alternative to constructing a road through the wilderness area.6 However, despite 

the additional funding, the hovercraft workaround only served to 

be a temporary fix, with services only operating between 2007 and 

2010 and eventually ceasing due to extreme operating costs and 

the inability to handle rough weather conditions.7 In the 110th 

Congress, Congressman Young again introduced legislation, H.R. 

2801, to facilitate a land swap between the State of Alaska and 

FWS. The bill was ordered reported to the House floor, but no further action was taken. 

3 

8The U.S. Fish and Wildlife Service, ‘‘Chapter 2: Alternatives,’’ in Izembek National Wildlife 

Refuge Land Exchange/Road Corridor Final Environmental Impact Statement. Updated February 6, 2013. https://www.federalregister.gov/documents/2013/02/06/2013-02618/final-environmental-impact-statement-izembek-national-wildlife-refuge-proposed-land-exchangeroad. 9 U.S. Department of the Interior, ‘‘Press Release: Secretary Jewell Issues Decision on 

Izembek National Wildlife Refuge Land Exchange and Road Proposal.’’ Updated April 26, 2016. 

https://www.doi.gov/pressreleases/secretary-jewell-issues-decision-on-izembek-national-wildliferefuge-land-exchange-and-road-proposal. 10The Aleutians East Borough op. cit., page 2. 11The Aleutians East Borough, ‘‘King Cove Optimistic President-elect Donald Trump and Interior Secretary Nominee Ryan Zinke Will Get Community their Life-Saving Road.’’ Updated December 23, 2016. http://www.aleutianseast.org/index.asp?SEC=4625D388-43A1-4E17-A354 

-F5F12E4E7205&DE=03B2B87B-ECDB-4CDB -9183-D464FFFB6040&Type=BPR. 

Headway was made in 2009, when Congress passed the Omnibus 

Public Land Management Act (P.L. 111–11), which authorized the 

Secretary of the Interior to determine if building the proposed road 

would serve the public interest. Accordingly, FWS prepared an Environmental Impact Statement (EIS) under the national Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) and released the final EIS in February 2013. The final EIS outlined five 

alternatives: two road construction alternatives; one hovercraft improvement alternative; one harbor improvement alternative; and 

the preferred alternative, no action.8

Following the release of the final EIS, then Secretary of the Interior Ken Salazar directed the incoming Secretary of the Interior 

Sally Jewell to hold an official meeting in King Cove prior to making a final decision on the EIS. As a result, Secretary Jewell visited 

King Cove in September 2013, but ultimately decided to reject the 

land swap and uphold the FWS’s preferred no action alternative.9

The King Cove tribes, the City of King Cove Corporation, and the 

Aleutians East Borough sued the Department of the Interior (DOI) 

and Secretary Jewell as a result of the decision, but in 2015 the 

Alaska District Court ruled that neither DOI nor Secretary Jewell 

violated NEPA or the Omnibus Public Land Management Act in 

the decision-making process.10

Despite the funding for the hovercraft terminal and improvements made at the medical facility, the fact remains that King 

Cove is physically isolated from the outside world in the event of 

severe weather. Fifty-five emergency medevacs have been required 

since Secretary Jewell’s visit in 2013, a number of which have required either costly Coast Guard involvement, extended patient 

waiting times, or both. For instance, in 2016, a King Cove woman 

in her 70s suffering from heart issues was evacuated from King 

Cove to Cold Bay by the Coast Guard after high winds prevented 

an air ambulance from landing at King Cove. In the end, it took 

the woman over seven hours to reach a hospital in Anchorage. A 

road between King Cove and Cold Bay would go a long way from 

preventing similar situations from reoccurring, and would provide 

a potentially life-saving evacuation route for King Cove citizens in 

the event of an emergency.11

COMMITTEE ACTION

H.R. 218 was introduced on January 3, 2017, by Congressman 

Don Young (R–AK). The bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittee on 

Federal Lands. On April 5, 2017, the Subcommittee held a hearing 

on the bill. On June 22, 2017, the Natural Resources Committee 

met to consider the bill. The Subcommittee was discharged by 

4 

unanimous consent. Congressman Raul M. Grijalva (D–AZ) offered 

an amendment designated 2; it was not agreed to by voice vote. No 

further amendments were offered, and the bill was ordered favorably reported to the House of Representatives on June 27, 2017, by 

a bipartisan roll call vote of 23 ayes and 14 nays, as follows: 

5 


Insert offset folio 5 here HR218.001

Date: 06-27-17 

Committee on Natural Resources 

U.S. House of Representatives 

!15th Congress 

Recorded Vote#: 7 

Meeting on I Amendment on: FC Mark Up on 22 bills: On Favorably Reporting H.R. 218 (Rep. Don Young of AK), 

"King Cove Road Land Exchange Act" 

MEMBERS Yes No Pres MEMBERS Yes No Pres 

Mr. Bishop, UT, Chairman X Mr.Cook,CA X 

Mr. Grijalva, AZ, Ranking Member X Mr. Soto, FL X 

Mr. Young, AK, Chairman Emeritus X Mr. Westerman, AR X 

Mrs. Napolitano, CA Mr. Panetta, CA X 

Mr. Gobmcrt, TX, Vice Chairman Mr. Graves, LA X 

Ms. Bordal/o, Guam Mr. McEachin, VA X 

Mr. Lamborn, CO X Mr.Hice,GA lx Mr. Costa, CA X Mr. Brown, 1\1D X 

Mr. Wittman, VA X Mrs. Radewagcn, AS X 

Mr. Sablan, CNMI Mr. Clay, MO X 

Mr. McClintock, CA X Mr. LaHood, IL X 

Ms. Tsongas, MA X Mr. Webster, FL X 

Mr. Pearce, NM X Mr. Rouzer, NC X 

Mr. Huffinan, CA X Mr. Bergman, Ml X 

Mr. Thompson, PA X Ms. Cheney, WY X 

Mr. Lowenthal, CA X 1\1r. Johnson, LA X 

Mr. Gosar, AZ X Ms. Gonzalez-Colon, PR 

Mr. Beyer, VA X 

Mr. Labrador, ID 

Mrs. Torres, CA X 

Mr. Tipton, CO X 

Mr. Gallego, AZ X 

Mr. LaMalfa, CA X 

Ms. Hanabusa, Iff X 

Mr. Denham, CA X 

lds. Barrag(ln, CA X TOTAL: 23 14 
6 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET

ACT

1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of clause 3(c)(2) and (3) of rule XIII of 

the Rules of the House of Representatives and sections 308(a) and 

402 of the Congressional Budget Act of 1974, the Committee has 

received the following estimate for the bill from the Director of the 

Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 12, 2017. 

Hon. ROB BISHOP, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 218, the King Cove Road 

Land Exchange Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jeff LaFave. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 218—King Cove Road Land Exchange Act 

H.R. 218 would require the U.S. Fish and Wildlife Service to convey, at the request of the State of Alaska, 206 acres of federal land 

in the Izembek National Wildlife Refuge to allow for the construction of a road. In exchange, the state would convey to the federal 

government an amount of land up to 43,000 acres with a total fair 

market value equal to the value of the federal lands the state 

would receive. CBO expects that the total value of the state-owned 

land identified for exchange under the bill (43,000 acres) would exceed the value of the federal lands; therefore, we expect that the 

state would convey a portion of that acreage equalize the value of 

the lands being conveyed by the two parties and that no cash 

would be exchanged in the transaction. Because none of the federal 

lands that would be conveyed are expected to generate receipts 

over the next 10 years, CBO estimates that enacting the bill would 

not affect direct spending. 

The federal government would incur certain administrative costs 

associated with the exchange, including surveys and appraisals. 

Because the bill would require the road to be built in accordance 

with an environmental impact statement completed in 2013, an updated impact statement would not be required. In total, CBO estimates that any costs incurred in implementing the legislation 

would total less than $500,000; that spending would be subject to 

the availability of appropriated funds. 

7 

Because enacting H.R. 218 would not affect direct spending or 

revenue, pay-as-you-go procedures do not apply. CBO estimates 

that enacting H.R. 218 would not increase net direct spending or 

on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. 

H.R. 218 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

2. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of Rule XIII, the general performance goal or objective of this bill is to provide for the exchange of Federal land and 

non-Federal land in the State of Alaska for the construction of a 

road between King Cove and Cold Bay. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of Rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5

Directed Rule Making. This bill does not contain any directed 

rule makings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes to existing law. 

(8) 

1 ‘‘Izembek National Wildlife Refuge Land Exchange Road Corridor EIS—Izembek—U.S. Fish 

and Wildlife Service,’’ https://www.fws.gov.nwrs/threecolumn.aspx?id=2147524796. 2 ‘‘King Cove-Cold Bay: Assessment of Non-Road Alternatives,’’ U.S. Army Corps of Engineers. 

June 18, 2015 https://www.energy.senate.gov/public/index.cfm/files/serve?Fileid=D8EA08E9 

-75F1-4D79-A833-87EE91616819. 

DISSENTING VIEWS 

H.R. 218 authorizes a land exchange between the Department of 

the Interior and the State of Alaska for the purpose of building a 

road through the Izembek National Wildlife Refuge, a unit of the 

National Wildlife Refuge System managed by the Fish and Wildlife 

Service (FWS). The bill declares that the land exchange is in the 

public interest and waives all environmental review and public participation requirements of the National Environmental Policy Act 

(NEPA). 

Proponents of this bill claim it is necessary to build a road 

through the refuge, including the congressionally designated 

Izembek wilderness, to address the transportation needs of King 

Cove, a town of approximately 1000 people. 

However, this is not the first time Congress has considered or 

even approved this land exchange. The Omnibus Public Land Management Act of 2009 (PL 111–11) directed the Secretary of the Interior to analyze the land exchange and proposed road corridor by 

going through the NEPA process to determine if the land exchange 

is in the ‘‘public interest.’’ After a transparent four-year review, 

FWS published the Izembek National Wildlife Refuge Land Exchange/Road Corridor Final Environmental Impact Statement 

(FEIS) on February 5, 2013. Citing irreparable damage to ecological resources and the availability of alternative transportation options, FWS determined that development of a road within the congressionally designated wilderness is not compatible with management protocols of the refuge and chose the ‘‘No Action Alternative.’’ 

During the development of the FEIS, the agency held over 130 

meetings and analyzed thousands of public comments—70,111 of 

the 71,960 public comments analyzed by FWS during this process 

were opposed to construction of the road.1

The FEIS is not the first government analysis of the proposed 

road. The U.S. Army Corps of Engineers published a report in 2015 

outlining ‘‘non-road alternatives’’ for transportation between King 

Cove and Cold Bay. That report determined that suitable options 

exist, including an ice-capable marine vessel, construction of a new 

airport and the addition of a heliport.2 As early as 1996, FWS advised against construction of the road, citing both the potential 

damage to refuge resources and the availability of alternative 

transportation options. Construction of the road has been exhaustively evaluated by numerous federal agencies and each evaluation 

has concluded that the road would do irreparable damage to the ecological resources of the refuge. 

9 

Building a road through the middle of congressionally designated 

wilderness is without precedent and unwarranted. Increased 

human and mechanical presence from the construction and ongoing 

use of the road will erode the wilderness values of the area and do 

lasting ecological damage to the unique, undisturbed wildlife habitat. For the reasons outlined above, we oppose the bill. 

RAU ́ L M. GRIJALVA, 

Ranking Member, House 

Natural Resources Committee. 

COLLEEN HANABUSA, 

Ranking Member, Subcommittee on Federal 

Lands. 

GRACE F. NAPOLITANO, 

Member of Congress. 

JARED HUFFMAN, 

Ranking Member, Subcommittee on Water, Power 

and Oceans. 

DONALD S. BEYER, Jr., 

Member of Congress. 

NANETTE DIAZ BARRAGA ́ N, 

Member of Congress. 

DARREN SOTO, 

Member of Congress. 

A. DONALD MCEACHIN, 

Ranking Member, Subcommittee on Oversight 

and Investigations. 

Æ