I 

114TH CONGRESS 

1ST SESSION H. R. 2284 

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 HOUSE OF REPRESENTATIVES 

MAY 12, 2015 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Natural Resources, and in addition to the Committee on 

Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

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, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Point Spencer Land 

3 Conveyance Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds as follows: 

6 (1) Major shipping traffic is increasing through 

7 the Bering Strait, the Bering and Chukchi Seas, and 

8 the Arctic Ocean and will continue to increase 

9 whether or not development of the outer Continental 

10 Shelf of the United States is undertaken in the fu11 ture and will increase further if such outer Conti12 nental Shelf development is undertaken. 

13 (2) There is a compelling national, State, Alas14 ka Native, and private sector need for permanent in15 frastructure development and for a presence in the 

16 Arctic region of Alaska by appropriate agencies of 

17 the Federal Government, particularly in proximity to 

18 the Bering Strait, to support and facilitate search 

19 and rescue, shipping safety, economic development, 

20 oil spill prevention and response, protection of Alas21 ka Native archaeological and cultural resources, port 

22 of refuge, Arctic research, and maritime law enforce23 ment on the Bering Sea, the Chukchi Sea, and the 

24 Arctic Ocean. 

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

26 known as Point Spencer, located between the Bering 

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1 Strait and Port Clarence and adjacent to some of 

2 the best potential deepwater port sites on the coast 

3 of Alaska in the Arctic. 

4 (4) Prudent and effective use of Point Spencer 

5 may be best achieved through marshaling the en6 ergy, resources, and leadership of the public and pri7 vate sectors. 

8 (5) It is in the national interest to develop in9 frastructure at Point Spencer that would aid the 

10 Coast Guard in performing its statutory duties and 

11 functions in the Arctic on a more permanent basis 

12 and to allow for public and private sector develop13 ment of facilities and other infrastructure to support 

14 purposes that are of benefit to the United States. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) ARCTIC.—The term ‘‘Arctic’’ has the mean18 ing given that term in section 112 of the Arctic Re19 search and Policy Act of 1984 (15 U.S.C. 4111). 

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

21 Bering Straits Native Corporation authorized under 

22 section 7 of the Alaska Native Claims Settlement 

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

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

2 Port Coordination Advisory Council established 

3 under section 5(a). 

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

5 Management Coordination Plan developed under sec6 tion 5(c). 

7 (5) POINT SPENCER.—The term ‘‘Point Spen8 cer’’ means the land known as ‘‘Point Spencer’’ lo9 cated between the Bering Strait and Port Clarence 

10 and withdrawn by Public Land Order 2650 (pub11 lished in the Federal Register on April 12, 1962), 

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

13 40 West, Kateel River Meridian, Alaska. 

14 (6) SECRETARY.—Except as otherwise specifi15 cally provided, the term ‘‘Secretary’’ means the Sec16 retary of the department in which the Coast Guard 

17 is operating. 

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

19 of Alaska. 

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

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

22 appropriate. 

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

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

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

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

2 Tract 6, respectively, and generally depicted as such 

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

4 Retention and Conveyance Map’’, dated January 

5 2015, and on file with the Department of Homeland 

6 Security and the Department of the Interior. 

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

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

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

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

11 States in and to the surface and subsurface estates of 

12 Tract 1, Tract 3, and Tract 4 in accordance with sub13 section (d) if the Secretary notifies the Secretary of the 

14 Interior that the Coast Guard no longer needs to retain 

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

16 4 and the requirements of subsection (f) are met for each 

17 such Tract to be conveyed. 

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

19 Secretary of the Interior shall convey, subject to valid ex20 isting rights, all right, title, and interest of the United 

21 States in and to the surface and subsurface estates of 

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

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

24 Tract to be conveyed. 

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1 (c) AUTHORITY TO TRANSFER TRACT 6.—The Sec2 retary of the Interior shall convey, subject to valid existing 

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

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

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

6 subsection (f) are met. 

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

8 4, OR 5.— 

9 (1) DETERMINATION AND OFFER.— 

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

11 makes the determination under subsection (a) 

12 and the requirements of subsection (f) are met 

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

14 the Secretary of the Interior shall offer such 

15 Tract or portion of such Tract for conveyance 

16 to BSNC under the Alaska Native Claims Set17 tlement Act (43 U.S.C. 1601 et seq.). 

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

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

20 the Secretary of the Interior shall offer such 

21 Tract for conveyance to BSNC under the Alas22 ka Native Claims Settlement Act (43 U.S.C. 

23 1601 et seq.). 

24 (2) OFFER TO BSNC.— 

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1 (A) ACCEPTANCE BY BSNC.—If BSNC 

2 chooses to accept an offer of conveyance of a 

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

4 Interior shall consider such Tract as within 

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

6 the Alaska Native Claims Settlement Act (43 

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

8 to BSNC. 

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

10 to accept an offer of conveyance of a Tract 

11 under paragraph (1), the Secretary of the Inte12 rior shall offer such Tract for conveyance to the 

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

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

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

16 (3) OFFER TO STATE.— 

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

18 chooses to accept an offer of conveyance of a 

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

20 the Interior shall consider such Tract as within 

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

22 1958 (commonly known as the ‘‘Alaska State23 hood Act’’) (48 U.S.C. note prec. 21; Public 

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

25 the State. 

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1 (B) DECLINE BY STATE.—If the State de2 clines to accept an offer of conveyance of a 

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

4 Tract shall be disposed of pursuant to applica5 ble public land laws. 

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

7 (1) OFFER.—If the requirements under sub8 section (f) are met for Tract 6, the Secretary of the 

9 Interior shall offer such Tract for conveyance to the 

10 State. 

11 (2) OFFER TO STATE.— 

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

13 chooses to accept an offer of conveyance of 

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

15 the Interior shall consider Tract 6 as within the 

16 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 Tract 6 to the 

20 State. 

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

23 6 under paragraph (1), the Secretary of the In24 terior shall offer Tract 6 for conveyance to 

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1 BSNC under the Alaska Native Claims Settle2 ment Act (43 U.S.C. 1601 et seq.). 

3 (3) OFFER TO BSNC.— 

4 (A) ACCEPTANCE BY BSNC.— 

5 (i) IN GENERAL.—Subject to clause 

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

7 conveyance of Tract 6 under paragraph 

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

9 consider Tract 6 as within BSNC’s entitle10 ment under section 14(h)(8) of the Alaska 

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

12 1613(h)(8)) and shall convey Tract 6 to 

13 BSNC. 

14 (ii) LEASE BY THE STATE.—The con15 veyance of Tract 6 to BSNC shall be sub16 ject to BSNC negotiating a lease of Tract 

17 6 to the State at no cost to the State, if 

18 the State requests such a lease. 

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

20 to accept an offer of conveyance of Tract 6 

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

22 Interior shall dispose of Tract 6 pursuant to 

23 the applicable public land laws. 

24 (f) TERMS OF CONVEYANCE.— 

25 (1) ENVIRONMENTAL COMPLIANCE.— 

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1 (A) TRACT 1, 2, 3, 4, 5, OR 6.— 

2 (i) IN GENERAL.—The Secretary of 

3 the Interior shall not convey Tract 1, 

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

5 Tract 6 under this section until— 

6 (I) the Secretary certifies that 

7 the applicable requirements under sec8 tion 120(h) of the Comprehensive En9 vironmental Response, Compensation, 

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

11 9620(h)) and other applicable envi12 ronmental laws have been satisfied for 

13 land in such Tract; or 

14 (II) the Board of Directors of 

15 BSNC adopts and submits to the Sec16 retary of the Interior a resolution 

17 stating that BSNC is willing to accept 

18 Tract 1, Tract 2, Tract 3, Tract 4, 

19 Tract 5, or Tract 6, as appropriate, 

20 ‘‘as is’’ at the time of such convey21 ance, based on known contamination. 

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

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

24 of Tract 1, Tract 2, Tract 3, Tract 4, 

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

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1 time of the conveyance of such Tract, in2 cluding with respect to any known con3 tamination by hazardous materials or sub4 stances. 

5 (B) LAND TO BE CONVEYED TO THE

6 STATE OR BSNC.— 

7 (i) ENVIRONMENTAL COMPLIANCE.— 

8 To the extent cleanup and remediation of 

9 hazardous substances on land in a Tract to 

10 be conveyed to the State or to BSNC are 

11 required by existing law, all environmental 

12 compliance activities pursuant to section 

13 120(h) of the Comprehensive Environ14 mental Response, Compensation, and Li15 ability Act of 1980 (42 U.S.C. 9620(h)) 

16 and other applicable environmental laws 

17 shall be satisfied. 

18 (ii) MONITORING OF KNOWN CON19 TAMINATION.—Notwithstanding section 

20 120(h) of the Comprehensive Environ21 mental Response, Compensation, and Li22 ability Act of 1980 and other applicable 

23 environmental laws, any known contamina24 tion in a Tract to be conveyed that does 

25 not pose an immediate or long-term health 

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1 or environmental risk may be routinely 

2 monitored and managed by the State or 

3 BSNC, as applicable, through institutional 

4 controls in accordance with the laws of the 

5 State. 

6 (iii) LATER FOUND CONTAMINA7 TION.—If preexisting contamination from 

8 hazardous materials and substances are 

9 found to be present in a Tract after the 

10 date the Tract is conveyed to the State or 

11 BSNC, responsibility for cleanup and re12 mediation of such contamination shall con13 tinue to be governed by section 120(h)(3) 

14 of the Comprehensive Environmental Re15 sponse, Compensation, and Liability Act of 

16 1980 (42 U.S.C. 9620(h)(3)), applicable 

17 provisions of chapter 19 of title 14, United 

18 States Code, and applicable laws of the 

19 State. 

20 (C) LAND TO BE RETAINED BY THE COAST

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

22 3, or Tract 4 to be retained by the Coast 

23 Guard, nothing in this section may be construed 

24 to limit the obligation of the Coast Guard to 

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1 cluding section 120(h) of the Comprehensive 

2 Environmental Response, Compensation, and 

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

4 (2) AIRSTRIP USE.— 

5 (A) USE BY COAST GUARD.—All convey6 ances under this section shall be subject to— 

7 (i) an easement granting unlimited 

8 use of all existing and future landing pads, 

9 airstrips, runways, and taxiways that are 

10 located on such Tract conveyed, at no cost 

11 to the Coast Guard; and 

12 (ii) the right to access such landing 

13 pads, airstrips, runways, and taxiways, at 

14 no cost to the Coast Guard. 

15 (B) USE BY STATE.— 

16 (i) IN GENERAL.—For any Tract con17 veyed to BSNC under this section, BSNC 

18 shall provide to the State, if requested and 

19 pursuant to negotiated terms with the 

20 State, for no compensation— 

21 (I) an easement over all existing 

22 and future airstrips, runways, and 

23 taxiways located on such Tract; and 

24 (II) a right of access to and from 

25 such airstrips, runways, and taxiways. 

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1 (ii) RIGHT OF ACCESS.—If the State 

2 requests a right of access for a road from 

3 the airstrip to the southern tip of Point 

4 Spencer, the location of such right of ac5 cess shall be determined by the State, in 

6 consultation with the Secretary and 

7 BSNC, so that such access is compatible 

8 with other existing or planned infrastruc9 ture development at Point Spencer. 

10 (3) RELATIONSHIP TO PUBLIC LAND ORDER

11 2650.— 

12 (A) TRACTS NOT CONVEYED.—Any Tract 

13 that is not conveyed under this section shall re14 main withdrawn pursuant to Public Land Order 

15 2650 (published in the Federal Register on 

16 April 12, 1962). 

17 (B) TRACTS CONVEYED.—For any Tract 

18 conveyed under this section, Public Land Order 

19 2650 shall automatically terminate upon 

20 issuance of a conveyance document for such 

21 Tract. 

22 (4) ARCHEOLOGICAL AND CULTURAL RE23 SOURCES.—Conveyance of any Tract under this sec24 tion shall not affect criminal jurisdiction and respon25 sibilities regarding the potential theft or vandalism 

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1 of archeological or cultural resources located in or 

2 on such tracts. 

3 (5) PERSONAL PROPERTY.— 

4 (A) CASH SALES AUTHORIZED.—The Sec5 retary of Homeland Security is authorized to 

6 make cash sales of personal property that is lo7 cated on Tract 4 to BSNC or to the State. 

8 (B) VALUE.—The total value of the per9 sonal property referred to in subparagraph (A) 

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

11 (C) PROCEEDS.—Pursuant to section 559 

12 of the Department of Homeland Security Ap13 propriations Act, 2010 (Public Law 111–83), 

14 the proceeds from the sale of the personal prop15 erty referred to in subparagraph (A)— 

16 (i) shall be deposited as offsetting col17 lections into the Coast Guard Environ18 mental Compliance and Restoration Ac19 count; 

20 (ii) shall be available without further 

21 appropriation for environmental compli22 ance and restoration activities associated 

23 with any tract conveyed or to be conveyed 

24 under this Act; and 

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1 (iii) shall remain available until ex2 pended. 

3 (D) UNEXPENDED BALANCES.—If unex4 pended balances remain in the Coast Guard 

5 Environmental Compliance and Restoration Ac6 count after the completion of the activities de7 scribed in subparagraph (C)(ii), such balances 

8 may be expended for any other environmental 

9 compliance and restoration activities of the 

10 Coast Guard. 

11 (g) MAPS AND LEGAL DESCRIPTIONS.— 

12 (1) PREPARATION OF MAPS AND LEGAL DE13 SCRIPTION.—As soon as practicable after the date of 

14 the enactment of this Act, the Secretary of the Inte15 rior shall prepare maps and legal descriptions of 

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

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

18 may use metes and bounds legal descriptions based 

19 upon the official survey plats of Point Spencer ac20 cepted on December 6, 1978. 

21 (2) LEGAL EFFECT.—The maps and legal de22 scriptions shall have the same force and effect as if 

23 the maps and legal descriptions were included in this 

24 Act, except that the Secretary of the Interior may 

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1 correct any clerical and typographical errors in the 

2 maps and legal descriptions. 

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

4 legal descriptions shall be available for public inspec5 tion in the appropriate offices of— 

6 (A) the Bureau of Land Management; and 

7 (B) the United States Coast Guard. 

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

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

10 the Interior shall survey Tracts conveyed and patent 

11 the Tracts in accordance with the official plats of 

12 survey. 

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

14 easements may be reserved to the United States under 

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

16 (43 U.S.C. 1616(b)) with respect to the land conveyed 

17 under this Act. 

18 SEC. 5. PORT COORDINATION ADVISORY COUNCIL FOR 

19 POINT SPENCER. 

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

21 Coordination Advisory Council for the Port of Point Spen22 cer. 

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

24 representative appointed by each of the following: 

25 (1) The State. 

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1 (2) BSNC. 

2 (c) DUTIES.—The duties of the Council are as fol3 lows: 

4 (1) To develop a Port Management Coordina5 tion Plan to help coordinate infrastructure develop6 ment and operations at the Port of Point Spencer, 

7 that includes plans for— 

8 (A) construction; 

9 (B) funding eligibility; 

10 (C) land use planning and development; 

11 and 

12 (D) public interest use and access, emer13 gency preparedness, law enforcement, protection 

14 of Alaska Native archaeological and cultural re15 sources, and other matters that are necessary 

16 for public and private entities to function in 

17 proximity together in a remote location. 

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

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

20 biennially thereafter. 

21 (3) Facilitate coordination among stakeholders 

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

23 development and use of the land and coastline as 

24 such development relates to activities at the Port of 

25 Point Spencer. 

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1 (4) Assess the need, benefits, efficacy, and de2 sirability of establishing in the future a port author3 ity at Point Spencer under State law and act upon 

4 that assessment, as appropriate, including taking 

5 steps for the potential formation of such a port au6 thority. 

7 (d) PLAN.—The Plan shall be developed and imple8 mented by the Council in such a manner so as to facilitate 

9 and support, and not interfere with nor impede, the statu10 tory missions, duties, and operations of the Coast Guard 

11 in the Arctic. 

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

13 airstrips, runways, and taxiways at Point Spencer shall 

14 be determined pursuant to provisions of the Plan, as nego15 tiated by the Council. 

16 SEC. 6. WAIVER. 

17 Section 229 of the Howard Coble Coast Guard and 

18 Maritime Transportation Act of 2014 (Public Law 113– 

19 281; 128 Stat. 3040) shall not be construed to prohibit 

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

21 any actions that involve the dismantling or disposal of in22 frastructure that supported the former LORAN system 

23 that are associated with the transfer or conveyance of 

24 lands under this Act. 

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