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Calendar No. 218

105TH CONGRESS

1ST SESSION S. 1092

[Report No. 105–113]

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

OCTOBER 15, 1997

Reported under authority of the order of the Senate of October 9, 1997, by

Mr. MURKOWSKI, without amendment

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,
2

S 1092 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘King Cove Health and

3 Safety Act of 1997’’.

4 SEC. 2. LAND EXCHANGE.

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

6 the date of the enactment of this Act, the King Cove Cor7 poration transfers to the United States of all right, title,

8 and interest of the Corporation in and to the land de9 scribed in subsection (b), and any improvements thereon,

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

11 after such transfer, grant the Aleutians East Borough a

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

13 land described in section 3(b), for the construction, oper14 ation, and maintenance of certain utility-related fixtures

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

16 and the city of King Cove, Alaska.

17 (b) LAND DESCRIPTION.—The Corporation land re18 ferred to in subsection (a) is that land in Sections 5, 6,

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

20 (c) MANAGEMENT OF EXCHANGED CORPORATION

21 LAND.—Upon transfer to the United States of the Cor22 poration land referred to in subsection (a), such lands

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

24 of the Alaska National Interest Lands Conservation Act

25 of 1980 (Public Law 96–467).
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S 1092 RS

1 (d) VALUATION.—The land interests transferred

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

3 SEC. 3. RIGHT-OF-WAY.

4 (a) SCOPE.—Unless otherwise agreed to by the Sec5 retary and the Aleutians East Borough, the right-of-way

6 granted under section 2 shall—

7 (1) include sufficient lands for logistical staging

8 areas and construction material sites used for the

9 construction and maintenance of a public road on

10 the right-of-way;

11 (2) meet all requirements for a public highway

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

13 and

14 (3) include the right for the Aleutians East

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

16 maintain electrical, telephone, or other utility facili17 ties and structures within the right-of-way.

18 (b) LOCATION.—Unless otherwise agreed by the Sec19 retary and the Aleutians East Borough, the right-of-way

20 granted under section 2 shall be located within—

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

22 W, Seward Meridian, Alaska;

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

24 35 of T 59 S, R 86 W, Seward Meridian, Alaska;
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S 1092 RS

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

2 25, 26, and 36 of T 58 S, R 87 W, Seward Merid3 ian, Alaska;

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

5 28, 29, 32, 33, and 34 of T 57 S, R 87 W, Seward

6 Meridian, Alaska;

7 (5) sections 19, 20, 21, 22, 23, 24, 25, 26, 27,

8 28, 29, 30, 35, and 36, of T 56 S, R 87 W, Seward

9 Meridian, Alaska;

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

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

12 (7) section 6 of T 57 S, R 88 W, Seward Me13 ridian, Alaska; and

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

15 W, Seward Meridian, Alaska;

16 (c) CENTER LINE.—The center line of the right-of17 way referred to in subsection (b) shall be determined by

18 mutual agreement between the Secretary and the Aleu19 tians East Borough.

20 SEC. 4. MISCELLANEOUS PROVISIONS.

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

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

23 of the Interior.

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

25 Cove Corporation.
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S 1092 RS

1 (b) PROTECTION OF RESOURCES.—The Secretary

2 and the Aleutians East Borough—

3 (1) shall, prior to any improvement to the right4 of-way, jointly develop and agree to reasonable terms

5 and conditions for the use of the right-of-way, in6 cluding the construction, operation, and maintenance

7 of the public road and utility-related fixtures, which

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

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

10 without imposing undue costs on either party; and

11 (2) May make mutually agreed upon modifica12 tions to any agreement reached pursuant to para13 graph (1).

14 (c) PROVISIONS NOT APPLICABLE.—The following

15 provisions of law shall not be applicable to any right-of16 way granted pursuant to this Act or to any road con17 structed on such right-of-way:

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

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

20 (2) Title XI of the Alaska National Interest

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

22 except for the procedures set forth in section 1104

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

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

25 Code.
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S 1092 RS

1 (d) ADMINISTRATION.—The Secretary is authorized

2 to implement and administer the rights and obligations

3 of the Federal Government under any agreement reached

4 pursuant to subsection (b).

5 (e) SAVINGS PROVISIONS.—Implementation of any

6 agreement reached pursuant to subsection (b) shall not

7 be deemed to be a major Federal action significantly af8 fecting the quality of the human environment, nor shall

9 such implementation require further consideration pursu10 ant to the National Historic Preservation Act (16 U.S.C.

11 470 et seq.), title VIII of the Alaska National Interest

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

13 other law.

Calendar No. 218

105TH CONGRESS

1ST SESSION S. 1092

[Report No. 105–113]

A BILL

To provide for a transfer of land interests in order

ka, and for other purposes.cities of Cold Bay, Alaska, and King Cove, Alasto facilitate surface transportation between the

OCTOBER 15, 1997

Reported without amendment