II 

115TH CONGRESS 

1ST SESSION S. 101 

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. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 11, 2017 

Ms. MURKOWSKI (for herself and Mr. SULLIVAN) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘King Cove Road Land 

5 Exchange Act’’. 

6 SEC. 2. FINDING. 

7 Congress finds that the land exchange required under 

8 this Act (including the designation of the road corridor 


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1 and the construction of the road along the road corridor) 

2 is in the public interest. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) FEDERAL LAND.— 

6 (A) IN GENERAL.—The term ‘‘Federal 

7 land’’ means the approximately 206 acres of 

8 Federal land located within the Refuge as de9 picted on the map entitled ‘‘Project Area Map’’ 

10 and dated September 2012. 

11 (B) INCLUSION.—The term ‘‘Federal 

12 land’’ includes the 131 acres of Federal land in 

13 the Wilderness, which shall be used for the road 

14 corridor along which the road is to be con15 structed in accordance with section 4(b)(2). 

16 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed17 eral land’’ means the approximately 43,093 acres of 

18 land owned by the State as depicted on the map en19 titled ‘‘Project Area Map’’ and dated September 

20 2012. 

21 (3) REFUGE.—The term ‘‘Refuge’’ means the 

22 Izembek National Wildlife Refuge in the State. 

23 (4) ROAD CORRIDOR.—The term ‘‘road cor24 ridor’’ means the road corridor designated under 

25 section 4(b)(1). 


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1 (5) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (6) STATE.—The term ‘‘State’’ means the State 

4 of Alaska. 

5 (7) WILDERNESS.—The term ‘‘Wilderness’’ 

6 means the Izembek Wilderness designated by section 

7 702(6) of the Alaska National Interest Lands Con8 servation Act (16 U.S.C. 1132 note; Public Law 96– 

9 487). 

10 SEC. 4. LAND EXCHANGE REQUIRED. 

11 (a) IN GENERAL.—If the State offers to convey to 

12 the Secretary all right, title, and interest of the State in 

13 and to the non-Federal land, the Secretary shall convey 

14 to the State all right, title, and interest of the United 

15 States in and to the Federal land. 

16 (b) USE OF FEDERAL LAND.—The Federal land 

17 shall be conveyed to the State for the purposes of— 

18 (1) designating a road corridor through the 

19 Refuge; and 

20 (2) constructing a single-lane gravel road along 

21 the road corridor subject to the requirements in sec22 tion 6. 

23 (c) VALUATION, APPRAISALS, AND EQUALIZATION.— 


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1 (1) IN GENERAL.—The value of the Federal 

2 land and the non-Federal land to be exchanged 

3 under this section— 

4 (A) shall be equal, as determined by ap5 praisals conducted in accordance with para6 graph (2); or 

7 (B) if not equal, shall be equalized in ac8 cordance with paragraph (3). 

9 (2) APPRAISALS.— 

10 (A) IN GENERAL.—As soon as practicable 

11 after the date of enactment of this Act, the Sec12 retary and State shall select an appraiser to 

13 conduct appraisals of the Federal land and non14 Federal land. 

15 (B) REQUIREMENTS.—The appraisals re16 quired under subparagraph (A) shall be con17 ducted in accordance with nationally recognized 

18 appraisal standards, including— 

19 (i) the Uniform Appraisal Standards 

20 for Federal Land Acquisitions; and 

21 (ii) the Uniform Standards of Profes22 sional Appraisal Practice. 

23 (3) EQUALIZATION.— 

24 (A) SURPLUS OF FEDERAL LAND.—If the 

25 final appraised value of the Federal land exVerDate Sep 11 2014 04:30 Jan 24, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S101.IS S101

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1 ceeds the final appraised value of the non-Fed2 eral land to be conveyed under the land ex3 change under this section, the value of the Fed4 eral land and non-Federal land shall be equal5 ized— 

6 (i) by conveying additional non-Fed7 eral land in the State to the Secretary, 

8 subject to the approval of the Secretary; 

9 (ii) by the State making a cash pay10 ment to the United States; or 

11 (iii) by using a combination of the 

12 methods described in clauses (i) and (ii). 

13 (B) SURPLUS OF NON-FEDERAL LAND.—If 

14 the final appraised value of the non-Federal 

15 land exceeds the final appraised value of the 

16 Federal land to be conveyed under the land ex17 change under this section, the value of the Fed18 eral land and non-Federal land shall be equal19 ized by the State adjusting the acreage of the 

20 non-Federal land to be conveyed. 

21 (C) AMOUNT OF PAYMENT.—Notwith22 standing section 206(b) of the Federal Land 

23 Policy and Management Act of 1976 (43 U.S.C. 

24 1716(b)), the Secretary may accept a payment 


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1 under subparagraph (A)(ii) in excess of 25 per2 cent of the value of the Federal land conveyed. 

3 (d) ADMINISTRATION.—On completion of the ex4 change of Federal land and non-Federal land under this 

5 section— 

6 (1) the boundary of the Wilderness shall be 

7 modified to exclude the Federal land; and 

8 (2) the non-Federal land shall be— 

9 (A) added to the Wilderness; and 

10 (B) administered in accordance with— 

11 (i) the Wilderness Act (16 U.S.C. 

12 1131 et seq.); and 

13 (ii) other applicable laws. 

14 (e) DEADLINE.—The land exchange under this sec15 tion shall be completed not later than 180 days after the 

16 date of enactment of this Act. 

17 SEC. 5. ROUTE OF ROAD CORRIDOR. 

18 The route of the road corridor shall follow the south19 ern road alignment as described in the alternative entitled 

20 ‘‘Alternative 2-Land Exchange and Southern Road Align21 ment’’ in the final environmental impact statement enti22 tled ‘‘Izembek National Wildlife Refuge Land Exchange/ 

23 Road Corridor Final Environmental Impact Statement’’ 

24 and dated February 5, 2013. 


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1 SEC. 6. REQUIREMENTS RELATING TO ROAD. 

2 The requirements relating to usage, barrier cables, 

3 and dimensions and the limitation on support facilities 

4 under subsections (a) and (b) of section 6403 of the Omni5 bus Public Land Management Act of 2009 (Public Law 

6 111–11; 123 Stat. 1180) shall apply to the road con7 structed in the road corridor. 

8 SEC. 7. EFFECT. 

9 The exchange of Federal land and non-Federal land 

10 and the road to be constructed under this Act (including 

11 the issuance of any permit that may be required from any 

12 Federal agency to construct the road) shall not constitute 

13 a major Federal action for purposes of the National Envi14 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

Æ 


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