II 

114TH CONGRESS 

1ST SESSION S. 1316 

To provide for the retention and future use of certain land in Point Spencer, 

Alaska, to support the mission of the Coast Guard, to convey certain 

land in Point Spencer to the Bering Straits Native Corporation, to 

convey certain land in Point Spencer to the State of Alaska, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 13, 2015 

Ms. MURKOWSKI introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for the retention and future use of certain land 

in Point Spencer, Alaska, to support the mission of the 

Coast Guard, to convey certain land in Point Spencer 

to the Bering Straits Native Corporation, to convey certain land in Point Spencer to the State of Alaska, and 

for other purposes. 

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 ‘‘Point Spencer Land 

5 Conveyance Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds as follows: 

3 (1) Major shipping traffic is increasing through 

4 the Bering Strait, the Bering and Chukchi Seas, and 

5 the Arctic Ocean and will continue to increase 

6 whether or not development of the outer Continental 

7 Shelf of the United States is undertaken in the fu8 ture and will increase further if such outer Conti9 nental Shelf development is undertaken. 

10 (2) There is a compelling national, State, Alas11 ka Native, and private sector need for permanent in12 frastructure development and for a presence in the 

13 Arctic region of Alaska by appropriate agencies of 

14 the Federal Government, particularly in proximity to 

15 the Bering Strait, to support and facilitate search 

16 and rescue, shipping safety, economic development, 

17 oil spill prevention and response, protection of Alas18 ka Native archaeological and cultural resources, port 

19 of refuge, Arctic research, and maritime law enforce20 ment on the Bering Sea, the Chukchi Sea, and the 

21 Arctic Ocean. 

22 (3) The United States owns a parcel of land, 

23 known as Point Spencer, located between the Bering 

24 Strait and Port Clarence and adjacent to some of 

25 the best potential deepwater port sites on the coast 

26 of Alaska in the Arctic. 


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1 (4) Prudent and effective use of Point Spencer 

2 may be best achieved through marshaling the en3 ergy, resources, and leadership of the public and pri4 vate sectors. 

5 (5) It is in the national interest to develop in6 frastructure at Point Spencer that would aid the 

7 Coast Guard in performing its statutory duties and 

8 functions in the Arctic on a more permanent basis 

9 and to allow for public and private sector develop10 ment of facilities and other infrastructure to support 

11 purposes that are of benefit to the United States. 

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

14 (1) ARCTIC.—The term ‘‘Arctic’’ has the mean15 ing given that term in section 112 of the Arctic Re16 search and Policy Act of 1984 (15 U.S.C. 4111). 

17 (2) BSNC.—The term ‘‘BSNC’’ means the 

18 Bering Straits Native Corporation authorized under 

19 section 7 of the Alaska Native Claims Settlement 

20 Act (43 U.S.C. 1606). 

21 (3) COUNCIL.—The term ‘‘Council’’ means the 

22 Port Coordination Advisory Council established 

23 under section 5(a). 


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1 (4) PLAN.—The term ‘‘Plan’’ means the Port 

2 Management Coordination Plan developed under sec3 tion 5(c). 

4 (5) POINT SPENCER.—The term ‘‘Point Spen5 cer’’ means the land known as ‘‘Point Spencer’’ lo6 cated between the Bering Strait and Port Clarence 

7 and withdrawn by Public Land Order 2650 (pub8 lished in the Federal Register on April 12, 1962), 

9 and located in Townships 2, 3, and 4 South, Range 

10 40 West, Kateel River Meridian, Alaska. 

11 (6) SECRETARY.—Except as otherwise specifi12 cally provided, the term ‘‘Secretary’’ means the Sec13 retary of the department in which the Coast Guard 

14 is operating. 

15 (7) STATE.—The term ‘‘State’’ means the State 

16 of Alaska. 

17 (8) TRACT.—The term ‘‘Tract’’ means Tract 1, 

18 Tract 2, Tract 3, Tract 4, Tract 5, or Tract 6, as 

19 appropriate. 

20 (9) TRACTS 1, 2, 3, 4, 5, AND 6.—The terms 

21 ‘‘Tract 1, Tract 2, Tract 3, Tract 4, Tract 5, and 

22 Tract 6’’ each mean the land generally depicted as 

23 Tract 1, Tract 2, Tract 3, Tract 4, Tract 5, or 

24 Tract 6, respectively, and generally depicted as such 

25 Tract on the map entitled the ‘‘Point Spencer Land 


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1 Retention and Conveyance Map’’, dated January 

2 2015, and on file with the Department of Homeland 

3 Security and the Department of the Interior. 

4 SEC. 4. AUTHORITY TO CONVEY LAND IN POINT SPENCER. 

5 (a) AUTHORITY TO CONVEY TRACTS 1, 3, AND 4.— 

6 The Secretary of the Interior shall convey, subject to valid 

7 existing rights, all right, title, and interest of the United 

8 States in and to the surface and subsurface estates of 

9 Tract 1, Tract 3, and Tract 4 in accordance with sub10 section (d) if the Secretary notifies the Secretary of the 

11 Interior that the Coast Guard no longer needs to retain 

12 jurisdiction over any portion of Tract 1, Tract 3, or Tract 

13 4 and the requirements of subsection (f) are met for each 

14 such Tract to be conveyed. 

15 (b) AUTHORITY TO CONVEY TRACTS 2 AND 5.—The 

16 Secretary of the Interior shall convey, subject to valid ex17 isting rights, all right, title, and interest of the United 

18 States in and to the surface and subsurface estates of 

19 Tract 2 and Tract 5 in accordance with subsection (d) 

20 if the requirements of subsection (f) are met for each such 

21 Tract to be conveyed. 

22 (c) AUTHORITY TO TRANSFER TRACT 6.—The Sec23 retary of the Interior shall convey, subject to valid existing 

24 rights, all right, title, and interest of the United States 

25 in and to the surface and subsurface estates of Tract 6 


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1 in accordance with subsection (e) if the requirements of 

2 subsection (f) are met. 

3 (d) ORDER OF OFFER TO CONVEY TRACT 1, 2, 3, 

4 4, OR 5.— 

5 (1) DETERMINATION AND OFFER.— 

6 (A) TRACT 1, 3, OR 4.—If the Secretary 

7 makes the determination under subsection (a) 

8 and the requirements of subsection (f) are met 

9 for Tract 1, 3, or 4, or a portion of such Tract, 

10 the Secretary of the Interior shall offer such 

11 Tract or portion of such Tract for conveyance 

12 to BSNC under the Alaska Native Claims Set13 tlement Act (43 U.S.C. 1601 et seq.). 

14 (B) TRACT 2 OR 5.—If the requirements of 

15 subsection (f) are met for Tract 2 or Tract 5, 

16 the Secretary of the Interior shall offer such 

17 Tract for conveyance to BSNC under the Alas18 ka Native Claims Settlement Act (43 U.S.C. 

19 1601 et seq.). 

20 (2) OFFER TO BSNC.— 

21 (A) ACCEPTANCE BY BSNC.—If BSNC 

22 chooses to accept an offer of conveyance of a 

23 Tract under paragraph (1), the Secretary of the 

24 Interior shall consider such Tract as within 

25 BSNC’s entitlement under section 14(h)(8) of 


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1 the Alaska Native Claims Settlement Act (43 

2 U.S.C. 1613(h)(8)) and shall convey such Tract 

3 to BSNC. 

4 (B) DECLINE BY BSNC.—If BSNC declines 

5 to accept an offer of conveyance of a Tract 

6 under paragraph (1), the Secretary of the Inte7 rior shall offer such Tract for conveyance to the 

8 State under the Act of July 7, 1958 (commonly 

9 known as the ‘‘Alaska Statehood Act’’) (48 

10 U.S.C. note prec. 21; Public Law 85–508). 

11 (3) OFFER TO STATE.— 

12 (A) ACCEPTANCE BY STATE.—If the State 

13 chooses to accept an offer of conveyance of a 

14 Tract under paragraph (2)(B), the Secretary of 

15 the Interior shall consider such Tract as within 

16 the State’s entitlement under the Act of July 7, 

17 1958 (commonly known as the ‘‘Alaska State18 hood Act’’) (48 U.S.C. note prec. 21; Public 

19 Law 85–508) and shall convey such Tract to 

20 the State. 

21 (B) DECLINE BY STATE.—If the State de22 clines to accept an offer of conveyance of a 

23 Tract offered under paragraph (2)(B), such 

24 Tract shall be disposed of pursuant to applica25 ble public land laws. 


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1 (e) ORDER OF OFFER TO CONVEY TRACT 6.— 

2 (1) OFFER.—If the requirements under sub3 section (f) are met for Tract 6, the Secretary of the 

4 Interior shall offer such Tract for conveyance to the 

5 State. 

6 (2) OFFER TO STATE.— 

7 (A) ACCEPTANCE BY STATE.—If the State 

8 chooses to accept an offer of conveyance of 

9 Tract 6 under paragraph (1), the Secretary of 

10 the Interior shall consider Tract 6 as within the 

11 State’s entitlement under the Act of July 7, 

12 1958 (commonly known as the ‘‘Alaska State13 hood Act’’) (48 U.S.C. note prec. 21; Public 

14 Law 85–508) and shall convey Tract 6 to the 

15 State. 

16 (B) DECLINE BY STATE.—If the State de17 clines to accept an offer of conveyance of Tract 

18 6 under paragraph (1), the Secretary of the In19 terior shall offer Tract 6 for conveyance to 

20 BSNC under the Alaska Native Claims Settle21 ment Act (43 U.S.C. 1601 et seq.). 

22 (3) OFFER TO BSNC.— 

23 (A) ACCEPTANCE BY BSNC.— 

24 (i) IN GENERAL.—Subject to clause 

25 (ii), if BSNC chooses to accept an offer of 


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1 conveyance of Tract 6 under paragraph 

2 (2)(B), the Secretary of the Interior shall 

3 consider Tract 6 as within BSNC’s entitle4 ment under section 14(h)(8) of the Alaska 

5 Native Claims Settlement Act (43 U.S.C. 

6 1613(h)(8)) and shall convey Tract 6 to 

7 BSNC. 

8 (ii) LEASE BY THE STATE.—The con9 veyance of Tract 6 to BSNC shall be sub10 ject to BSNC negotiating a lease of Tract 

11 6 to the State at no cost to the State, if 

12 the State requests such a lease. 

13 (B) DECLINE BY BSNC.—If BSNC declines 

14 to accept an offer of conveyance of Tract 6 

15 under paragraph (2)(B), the Secretary of the 

16 Interior shall dispose of Tract 6 pursuant to 

17 the applicable public land laws. 

18 (f) TERMS OF CONVEYANCE.— 

19 (1) ENVIRONMENTAL COMPLIANCE.— 

20 (A) TRACT 1, 2, 3, 4, 5, OR 6.— 

21 (i) IN GENERAL.—The Secretary of 

22 the Interior shall not convey Tract 1, 

23 Tract 2, Tract 3, Tract 4, Tract 5, or 

24 Tract 6 under this section until— 


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1 (I) the Secretary certifies that 

2 the applicable requirements under sec3 tion 120(h) of the Comprehensive En4 vironmental Response, Compensation, 

5 and Liability Act of 1980 (42 U.S.C. 

6 9620(h)) and other applicable envi7 ronmental laws have been satisfied for 

8 land in such Tract; or 

9 (II) the Board of Directors of 

10 BSNC adopts and submits to the Sec11 retary of the Interior a resolution 

12 stating that BSNC is willing to accept 

13 Tract 1, Tract 2, Tract 3, Tract 4, 

14 Tract 5, or Tract 6, as appropriate, 

15 ‘‘as is’’ at the time of such convey16 ance, based on known contamination. 

17 (ii) AS IS.—In this subparagraph, the 

18 term ‘‘as is’’ means the physical condition 

19 of Tract 1, Tract 2, Tract 3, Tract 4, 

20 Tract 5, or Tract 6, as appropriate, at the 

21 time of the conveyance of such Tract, in22 cluding with respect to any known con23 tamination by hazardous materials or sub24 stances. 


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1 (B) LAND TO BE CONVEYED TO THE

2 STATE OR BSNC.— 

3 (i) ENVIRONMENTAL COMPLIANCE.— 

4 To the extent cleanup and remediation of 

5 hazardous substances on land in a Tract to 

6 be conveyed to the State or to BSNC are 

7 required by existing law, all environmental 

8 compliance activities pursuant to section 

9 120(h) of the Comprehensive Environ10 mental Response, Compensation, and Li11 ability Act of 1980 (42 U.S.C. 9620(h)) 

12 and other applicable environmental laws 

13 shall be satisfied. 

14 (ii) MONITORING OF KNOWN CON15 TAMINATION.—Notwithstanding section 

16 120(h) of the Comprehensive Environ17 mental Response, Compensation, and Li18 ability Act of 1980 and other applicable 

19 environmental laws, any known contamina20 tion in a Tract to be conveyed that does 

21 not pose an immediate or long-term health 

22 or environmental risk may be routinely 

23 monitored and managed by the State or 

24 BSNC, as applicable, through institutional 


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1 controls in accordance with the laws of the 

2 State. 

3 (iii) LATER FOUND CONTAMINA4 TION.—If preexisting contamination from 

5 hazardous materials and substances are 

6 found to be present in a Tract after the 

7 date the Tract is conveyed to the State or 

8 BSNC, responsibility for cleanup and re9 mediation of such contamination shall con10 tinue to be governed by section 120(h)(3) 

11 of the Comprehensive Environmental Re12 sponse, Compensation, and Liability Act of 

13 1980 (42 U.S.C. 9620(h)(3)), applicable 

14 provisions of chapter 19 of title 14, United 

15 States Code, and applicable laws of the 

16 State. 

17 (C) LAND TO BE RETAINED BY THE COAST

18 GUARD.—With respect to land in Tract 1, Tract 

19 3, or Tract 4 to be retained by the Coast 

20 Guard, nothing in this section may be construed 

21 to limit the obligation of the Coast Guard to 

22 comply with applicable environmental law, in23 cluding section 120(h) of the Comprehensive 

24 Environmental Response, Compensation, and 

25 Liability Act of 1980 (42 U.S.C. 9620(h)). 


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1 (2) AIRSTRIP USE.— 

2 (A) USE BY COAST GUARD.—All convey3 ances under this section shall be subject to— 

4 (i) an easement granting unlimited 

5 use of all existing and future landing pads, 

6 airstrips, runways, and taxiways that are 

7 located on such Tract conveyed, at no cost 

8 to the Coast Guard; and 

9 (ii) the right to access such landing 

10 pads, airstrips, runways, and taxiways, at 

11 no cost to the Coast Guard. 

12 (B) USE BY STATE.— 

13 (i) IN GENERAL.—For any Tract con14 veyed to BSNC under this section, BSNC 

15 shall provide to the State, if requested and 

16 pursuant to negotiated terms with the 

17 State, for no compensation— 

18 (I) an easement over all existing 

19 and future airstrips, runways, and 

20 taxiways located on such Tract; and 

21 (II) a right of access to and from 

22 such airstrips, runways, and taxiways. 

23 (ii) RIGHT OF ACCESS.—If the State 

24 requests a right of access for a road from 

25 the airstrip to the southern tip of Point 


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1 Spencer, the location of such right of ac2 cess shall be determined by the State, in 

3 consultation with the Secretary and 

4 BSNC, so that such access is compatible 

5 with other existing or planned infrastruc6 ture development at Point Spencer. 

7 (3) RELATIONSHIP TO PUBLIC LAND ORDER

8 2650.— 

9 (A) TRACTS NOT CONVEYED.—Any Tract 

10 that is not conveyed under this section shall re11 main withdrawn pursuant to Public Land Order 

12 2650 (published in the Federal Register on 

13 April 12, 1962). 

14 (B) TRACTS CONVEYED.—For any Tract 

15 conveyed under this section, Public Land Order 

16 2650 shall automatically terminate upon 

17 issuance of a conveyance document for such 

18 Tract. 

19 (4) ARCHEOLOGICAL AND CULTURAL RE20 SOURCES.—Conveyance of any Tract under this sec21 tion shall not affect criminal jurisdiction and respon22 sibilities regarding the potential theft or vandalism 

23 of archeological or cultural resources located in or 

24 on such tracts. 

25 (5) PERSONAL PROPERTY.— 


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1 (A) CASH SALES AUTHORIZED.—The Sec2 retary of Homeland Security is authorized to 

3 make cash sales of personal property that is lo4 cated on Tract 4 to BSNC or to the State. 

5 (B) VALUE.—The total value of the per6 sonal property referred to in subparagraph (A) 

7 shall be deemed to be $5,580,000. 

8 (C) PROCEEDS.—Pursuant to section 559 

9 of the Department of Homeland Security Ap10 propriations Act, 2010 (Public Law 111–83), 

11 the proceeds from the sale of the personal prop12 erty referred to in subparagraph (A)— 

13 (i) shall be deposited as offsetting col14 lections into the Coast Guard Environ15 mental Compliance and Restoration Ac16 count; 

17 (ii) shall be available without further 

18 appropriation for environmental compli19 ance and restoration activities associated 

20 with any tract conveyed or to be conveyed 

21 under this Act; and 

22 (iii) shall remain available until ex23 pended. 

24 (D) UNEXPENDED BALANCES.—If unex25 pended balances remain in the Coast Guard 


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1 Environmental Compliance and Restoration Ac2 count after the completion of the activities de3 scribed in subparagraph (C)(ii), such balances 

4 may be expended for any other environmental 

5 compliance and restoration activities of the 

6 Coast Guard. 

7 (g) MAPS AND LEGAL DESCRIPTIONS.— 

8 (1) PREPARATION OF MAPS AND LEGAL DE9 SCRIPTION.—As soon as practicable after the date of 

10 the enactment of this Act, the Secretary of the Inte11 rior shall prepare maps and legal descriptions of 

12 Tract 1, Tract 2, Tract 3, Tract 4, Tract 5, and 

13 Tract 6. In doing so, the Secretary of the Interior 

14 may use metes and bounds legal descriptions based 

15 upon the official survey plats of Point Spencer ac16 cepted on December 6, 1978. 

17 (2) LEGAL EFFECT.—The maps and legal de18 scriptions shall have the same force and effect as if 

19 the maps and legal descriptions were included in this 

20 Act, except that the Secretary of the Interior may 

21 correct any clerical and typographical errors in the 

22 maps and legal descriptions. 

23 (3) AVAILABILITY.—Copies of the maps and 

24 legal descriptions shall be available for public inspec25 tion in the appropriate offices of— 


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1 (A) the Bureau of Land Management; and 

2 (B) the United States Coast Guard. 

3 (4) SURVEY.—Not later than 5 years after the 

4 date of the enactment of this Act, the Secretary of 

5 the Interior shall survey Tracts conveyed and patent 

6 the Tracts in accordance with the official plats of 

7 survey. 

8 (h) PUBLIC ACCESS EASEMENTS.—No public access 

9 easements may be reserved to the United States under 

10 section 17(b) of the Alaska Native Claims Settlement Act 

11 (43 U.S.C. 1616(b)) with respect to the land conveyed 

12 under this Act. 

13 SEC. 5. PORT COORDINATION ADVISORY COUNCIL FOR 

14 POINT SPENCER. 

15 (a) ESTABLISHMENT.—There is established the Port 

16 Coordination Advisory Council for the Port of Point Spen17 cer. 

18 (b) MEMBERSHIP.—The Council shall consist of a 

19 representative appointed by each of the following: 

20 (1) The State. 

21 (2) BSNC. 

22 (c) DUTIES.—The duties of the Council are as fol23 lows: 

24 (1) To develop a Port Management Coordina25 tion Plan to help coordinate infrastructure developVerDate Sep 11 2014 04:50 May 16, 2015 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1316.IS S1316

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1 ment and operations at the Port of Point Spencer, 

2 that includes plans for— 

3 (A) construction; 

4 (B) funding eligibility; 

5 (C) land use planning and development; 

6 and 

7 (D) public interest use and access, emer8 gency preparedness, law enforcement, protection 

9 of Alaska Native archaeological and cultural re10 sources, and other matters that are necessary 

11 for public and private entities to function in 

12 proximity together in a remote location. 

13 (2) Update the Plan annually for the first 5 

14 years after the date of the enactment of this Act and 

15 biennially thereafter. 

16 (3) Facilitate coordination among stakeholders 

17 at Point Spencer, including the Coast Guard, on the 

18 development and use of the land and coastline as 

19 such development relates to activities at the Port of 

20 Point Spencer. 

21 (4) Assess the need, benefits, efficacy, and de22 sirability of establishing in the future a port author23 ity at Point Spencer under State law and act upon 

24 that assessment, as appropriate, including taking 


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1 steps for the potential formation of such a port au2 thority. 

3 (d) PLAN.—The Plan shall be developed and imple4 mented by the Council in such a manner so as to facilitate 

5 and support, and not interfere with nor impede, the statu6 tory missions, duties, and operations of the Coast Guard 

7 in the Arctic. 

8 (e) COSTS.—Operations and management costs for 

9 airstrips, runways, and taxiways at Point Spencer shall 

10 be determined pursuant to provisions of the Plan, as nego11 tiated by the Council. 

12 SEC. 6. WAIVER. 

13 Section 229 of the Howard Coble Coast Guard and 

14 Maritime Transportation Act of 2014 (Public Law 113– 

15 281; 128 Stat. 3040) shall not be construed to prohibit 

16 any transfer or conveyance of lands under to this Act or 

17 any actions that involve the dismantling or disposal of in18 frastructure that supported the former LORAN system 

19 that are associated with the transfer or conveyance of 

20 lands under this Act. 

Æ 


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