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105TH CONGRESS

1ST SESSION S. 1092

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.

IN THE SENATE OF THE UNITED STATES

JULY 30, 1997

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

referred to the Committee on Energy and Natural Resources

A BILL

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.

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 Health and

5 Safety Act of 1997’’.

6 SEC. 2. LAND EXCHANGE.

7 (a) IN GENERAL.—If, not later than 6 months after

8 the date of the enactment of this Act, the King Cove Cor-
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1 poration transfers to the United States of all right, title,

2 and interest of the Corporation in and to the land de3 scribed in subsection (b), and any improvements thereon,

4 the Secretary of the Interior shall, not later than 30 days

5 after such transfer, grant the Aleutians East Borough a

6 perpetual right-of-way of 100 feet in width through the

7 land described in section 3(b), for the construction, oper8 ation, and maintenance of certain utility-related fixtures

9 and of a public road between the city of Cold Bay, Alaska,

10 and the city of King Cove, Alaska.

11 (b) LAND DESCRIPTION.—The Corporation land re12 ferred to in subsection (a) is that land in Sections 5, 6,

13 and 7 of T 57 S, R 88 W, Seward Meridian, Alaska.

14 (c) MANAGEMENT OF EXCHANGED CORPORATION

15 LAND.—Upon transfer to the United States of the Cor16 poration land referred to in subsection (a), such lands

17 shall be managed in accordance with Section 1302(i)(2)

18 of the Alaska National Interest Lands Conservation Act

19 of 1980 (Public Law 96–467).

20 (d) VALUATION.—The land interests transferred

21 under this Act are deemed to be of equal value.

22 SEC. 3. RIGHT-OF-WAY.

23 (a) SCOPE.—Unless otherwise agreed to by the Sec24 retary and the Aleutians East Borough, the right-of-way

25 granted under section 2 shall—
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1 (1) include sufficient lands for logistical staging

2 areas and construction material sites used for the

3 construction and maintenance of a public road on

4 the right-of-way;

5 (2) meet all requirements for a public highway

6 right-of-way under the laws of the State of Alaska;

7 and

8 (3) include the right for the Aleutians East

9 Borough, or its assignees, to construct, operate, and

10 maintain electrical, telephone, or other utility facili11 ties and structures within the right-of-way.

12 (b) LOCATION.—Unless otherwise agreed by the Sec13 retary and the Aleutians East Borough, the right-of-way

14 granted under section 2 shall be located within—

15 (1) sections 2, 3, 10, and 11 of T 59 S, R 86

16 W, Seward Meridian, Alaska;

17 (2) sections 27, 28, 29, 30, 31, 32, 33, 34, and

18 35 of T 59 S, R 86 W, Seward Meridian, Alaska;

19 (3) sections 3, 4, 9, 10, 13, 14, 15, 16, 23, 24,

20 25, 26, and 36 of T 58 S, R 87 W, Seward Merid21 ian, Alaska;

22 (4) sections 5, 6, 7, 8, 9, 16, 17, 20, 21, 27,

23 28, 29, 32, 33, and 34 of T 57 S, R 87 W, Seward

24 Meridian, Alaska;
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1 (5) sections 19, 20, 21, 22, 23, 24, 25, 26, 27,

2 28, 29, 30, 35, and 36, of T 56 S, R 87 W, Seward

3 Meridian, Alaska;

4 (6) sections 23, 24, 25, 26, 27, 34, 35, and 36

5 of T 56 S, R 88 W, Seward Meridian, Alaska;

6 (7) section 6 of T 57 S, R 88 W, Seward Me7 ridian, Alaska; and

8 (8) sections 1, 2, 11, and 12 of T 57 S, R 89

9 W, Seward Meridian, Alaska;

10 (c) CENTER LINE.—The center line of the right-of11 way referred to in subsection (b) shall be determined by

12 mutual agreement between the Secretary and the Aleu13 tians East Borough.

14 SEC. 4. MISCELLANEOUS PROVISIONS.

15 (a) DEFINITIONS.—As used in this Act:

16 (1) The term ‘‘Secretary’’ means the Secretary

17 of the Interior.

18 (2) The term ‘‘Corporation’’ means the King

19 Cove Corporation.

20 (b) PROTECTION OF RESOURCES.—The Secretary

21 and the Aleutians East Borough—

22 (1) shall, prior to any improvement to the right23 of-way, jointly develop and agree to reasonable terms

24 and conditions for the use of the right-of-way, in25 cluding the construction, operation, and maintenance
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1 of the public road and utility-related fixtures, which

2 will protect the Federal lands, interest in lands, and

3 resources beneath and adjacent to the right-of-way

4 without imposing undue costs on either party; and

5 (2) May make mutually agreed upon modifica6 tions to any agreement reached pursuant to para7 graph (1).

8 (c) PROVISIONS NOT APPLICABLE.—The following

9 provisions of law shall not be applicable to any right-of10 way granted pursuant to this Act or to any road con11 structed on such right-of-way:

12 (1) Section 22(g) of the Alaska Native Claims

13 Settlement Act (43 U.S.C. 1621(g)).

14 (2) Title XI of the Alaska National Interest

15 Lands Conservation Act (16 U.S.C. 3161 et seq.),

16 except for the procedures set forth in section 1104

17 of that title (16 U.S.C. 3164).

18 (3) Section 303(c) of title 49, United States

19 Code.

20 (d) ADMINISTRATION.—The Secretary is authorized

21 to implement and administer the rights and obligations

22 of the Federal Government under any agreement reached

23 pursuant to subsection (b).

24 (e) SAVINGS PROVISIONS.—Implementation of any

25 agreement reached pursuant to subsection (b) shall not
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1 be deemed to be a major Federal action significantly af2 fecting the quality of the human environment, nor shall

3 such implementation require further consideration pursu4 ant to the National Historic Preservation Act (16 U.S.C.

5 470 et seq.), title VIII of the Alaska National Interest

6 Lands Conservation Act (16 U.S.C. 3118 et seq.), or any

7 other law.

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