IIB 

115TH CONGRESS 

1ST SESSION H. R. 218 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2017 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Exchange Act’’. 

4 SEC. 2. FINDING. 

5 Congress finds that the land exchange required under 

6 this Act (including the designation of the road corridor 

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

8 is in the public interest. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) FEDERAL LAND.— 

12 (A) IN GENERAL.—The term ‘‘Federal 

13 land’’ means the approximately 206 acres of 

14 Federal land located within the Refuge as de15 picted on the map entitled ‘‘Project Area Map’’ 

16 and dated September 2012. 

17 (B) INCLUSION.—The term ‘‘Federal 

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

19 the Wilderness, which shall be used for the road 

20 corridor along which the road is to be con21 structed in accordance with section 4(b)(2). 

22 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed23 eral land’’ means the approximately 43,093 acres of 

24 land owned by the State as depicted on the map en25 titled ‘‘Project Area Map’’ and dated September 

26 2012. 


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

2 Izembek National Wildlife Refuge in the State. 

3 (4) ROAD CORRIDOR.—The term ‘‘road cor4 ridor’’ means the road corridor designated under 

5 section 4(b)(1). 

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

7 the Secretary of the Interior. 

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

9 of Alaska. 

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

11 means the Izembek Wilderness designated by section 

12 702(6) of the Alaska National Interest Lands Con13 servation Act (16 U.S.C. 1132 note; Public Law 96– 

14 487). 

15 SEC. 4. LAND EXCHANGE REQUIRED. 

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

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

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

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

20 States in and to the Federal land. 

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

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

23 (1) designating a road corridor through the 

24 Refuge; and 


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

2 the road corridor subject to the requirements in sec3 tion 6. 

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

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

6 land and the non-Federal land to be exchanged 

7 under this section— 

8 (A) shall be equal, as determined by ap9 praisals conducted in accordance with para10 graph (2); or 

11 (B) if not equal, shall be equalized in ac12 cordance with paragraph (3). 

13 (2) APPRAISALS.— 

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

15 after the date of enactment of this Act, the Sec16 retary and State shall select an appraiser to 

17 conduct appraisals of the Federal land and non18 Federal land. 

19 (B) REQUIREMENTS.—The appraisals re20 quired under subparagraph (A) shall be con21 ducted in accordance with nationally recognized 

22 appraisal standards, including— 

23 (i) the Uniform Appraisal Standards 

24 for Federal Land Acquisitions; and 


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1 (ii) the Uniform Standards of Profes2 sional Appraisal Practice. 

3 (3) EQUALIZATION.— 

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

5 final appraised value of the Federal land ex6 ceeds the final appraised value of the non-Fed7 eral land to be conveyed under the land ex8 change under this section, the value of the Fed9 eral land and non-Federal land shall be equal10 ized— 

11 (i) by conveying additional non-Fed12 eral land in the State to the Secretary, 

13 subject to the approval of the Secretary; 

14 (ii) by the State making a cash pay15 ment to the United States; or 

16 (iii) by using a combination of the 

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

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

19 the final appraised value of the non-Federal 

20 land exceeds the final appraised value of the 

21 Federal land to be conveyed under the land ex22 change under this section, the value of the Fed23 eral land and non-Federal land shall be equal24 ized by the State adjusting the acreage of the 

25 non-Federal land to be conveyed. 


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1 (C) AMOUNT OF PAYMENT.—Notwith2 standing section 206(b) of the Federal Land 

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

4 1716(b)), the Secretary may accept a payment 

5 under subparagraph (A)(ii) in excess of 25 per6 cent of the value of the Federal land conveyed. 

7 (d) ADMINISTRATION.—On completion of the ex8 change of Federal land and non-Federal land under this 

9 section— 

10 (1) the boundary of the Wilderness shall be 

11 modified to exclude the Federal land; and 

12 (2) the non-Federal land shall be— 

13 (A) added to the Wilderness; and 

14 (B) administered in accordance with— 

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

16 1131 et seq.); and 

17 (ii) other applicable laws. 

18 (e) DEADLINE.—The land exchange under this sec19 tion shall be completed not later than 180 days after the 

20 date of enactment of this Act. 

21 SEC. 5. ROUTE OF ROAD CORRIDOR. 

22 The route of the road corridor shall follow the south23 ern road alignment as described in the alternative entitled 

24 ‘‘Alternative 2-Land Exchange and Southern Road Align25 ment’’ in the final environmental impact statement entiVerDate Sep 11 2014 05:27 Jul 21, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H218.RFS H218

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1 tled ‘‘Izembek National Wildlife Refuge Land Exchange/ 

2 Road Corridor Final Environmental Impact Statement’’ 

3 and dated February 5, 2013. 

4 SEC. 6. REQUIREMENTS RELATING TO ROAD. 

5 The requirements relating to usage, barrier cables, 

6 and dimensions and the limitation on support facilities 

7 under subsections (a) and (b) of section 6403 of the Omni8 bus Public Land Management Act of 2009 (Public Law 

9 111–11; 123 Stat. 1180) shall apply to the road con10 structed in the road corridor. 

11 SEC. 7. EFFECT. 

12 The exchange of Federal land and non-Federal land 

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

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

15 Federal agency to construct the road) shall not constitute 

16 a major Federal action for purposes of the National Envi17 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

Passed the House of Representatives July 20, 2017. 

Attest: KAREN L. HAAS, 

Clerk. 


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