I 

113TH CONGRESS 

2D SESSION H. R. 4668 

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

in Alaska, to support the statutory missions and duties of the Coast 

Guard, to convey certain land on Point Spencer to the Bering Straits 

Native Corporation, to convey certain land on Point Spencer to the 

State of Alaska, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2014 

Mr. YOUNG of Alaska (for himself and Mr. HUNTER) 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 

on Point Spencer in Alaska, to support the statutory 

missions and duties of the Coast Guard, to convey certain land on Point Spencer to the Bering Straits Native 

Corporation, to convey certain land on 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 Coast 

3 Guard and Public-Private Sector Infrastructure Develop4 ment Facilitation and Land Conveyance Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) BSNC.—The term ‘‘BSNC’’ means the 

8 Bering Straits Native Corporation authorized under 

9 section 7 of the Alaska Native Claims Settlement 

10 Act (43 U.S.C. 1606) to represent and manage land 

11 and resources from the settlement of aboriginal 

12 claims of indigenous Alaska Natives in the Bering 

13 Strait region of the State, including Inupiat, Yup’ik, 

14 and Siberian Yupik peoples. 

15 (2) GOVERNOR.—The term ‘‘Governor’’ means 

16 Governor of the State of Alaska. 

17 (3) POINT SPENCER MAP OR MAP.—The term 

18 ‘‘Point Spencer Map’’ or ‘‘Map’’ means the map en19 titled the ‘‘Point Spencer Land Conveyance Map’’ 

20 dated April 2014, and on file with the Department 

21 of Homeland Security (the department in which the 

22 Coast Guard is operating) and the Department of 

23 the Interior. 

24 (4) POINT SPENCER PARCEL OR PARCEL.—The 

25 term ‘‘Point Spencer Parcel’’ or ‘‘Parcel’’ means the 

26 approximately 2,648 acres of land at Point Spencer 


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1 withdrawn by the Public Land Order. The Point 

2 Spencer Parcel is located in Townships 2, 3, and 4 

3 South, Range 40 West, Kateel River Meridian, Alas4 ka. 

5 (5) PUBLIC LAND ORDER.—The term ‘‘Public 

6 Land Order’’ means Public Land Order 2650 pub7 lished in the Federal Register on April 12, 1962. 

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

9 the Secretary of the department in which the Coast 

10 Guard is operating. 

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

12 of Alaska. 

13 (8) PUBLIC AIRCRAFT.—The term ‘‘Public Air14 craft’’ means any aircraft owned by, operated by, or 

15 chartered by the United States, or owned, operated, 

16 or chartered by a contractor of the United States for 

17 the performance of a Federal contract on or from 

18 Point Spencer. 

19 SEC. 3. PURPOSES. 

20 The purposes of this Act are: 

21 (1) To designate lands at Point Spencer that 

22 are to be— 

23 (A) retained by the Coast Guard; 

24 (B) conveyed to, or leased by, the State of 

25 Alaska; and 


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1 (C) conveyed to the BSNC. 

2 (2) To provide for a reasonable, pragmatic, eq3 uitable, and workable way to balance Federal, State, 

4 BSNC and other private sector interests in the de5 commissioned and vacated former LORAN station 

6 located on the Point Spencer Parcel. 

7 (3) To provide a means for future uses of Point 

8 Spencer by Federal, State, and private sector stake9 holders for a variety of tasks and missions, includ10 ing, but not limited to, search and rescue, shipping 

11 safety, economic development, oil spill prevention 

12 and response, protection of Alaska Native items of 

13 antiquity, port of refuge, arctic research, maritime 

14 law enforcement on the Bering Sea, the Chukchi 

15 Sea, and the Arctic Ocean, and related uses. 

16 (4) To require the development of a Joint Man17 agement Plan for the lands retained, conveyed, or 

18 leased under this Act by the Coast Guard, the State, 

19 and the BSNC. 

20 SEC. 4. RETENTION AND CONVEYANCE OF LAND. 

21 (a) LAND FOR USE BY THE COAST GUARD.— 

22 (1) IN GENERAL.—Notwithstanding any other 

23 provision of law and subject to valid existing rights, 

24 tracts 1, 3, and 4, as depicted on the Map, shall re25 main withdrawn pursuant to the Public Land Order 


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1 for use by and under the jurisdiction of the Coast 

2 Guard unless and until the Secretary determines 

3 that— 

4 (A) except as provided in paragraph (2), 

5 the Coast Guard no longer needs to retain ju6 risdiction over any portion of tract 1, 3, or 4; 

7 and 

8 (B) all land from tract 1, 3, or 4 as identi9 fied in subparagraph (A) has been remediated 

10 to meet the standards for industrial land devel11 oped by the Alaska Department of Environ12 mental Conservation. 

13 (2) POTENTIAL CONVEYANCE TO BSNC AND

14 LEASE BACK TO THE COAST GUARD.— 

15 (A) The Secretary shall notify the Sec16 retary of the Interior of any determination 

17 made under paragraph (1). 

18 (B) Upon notification under subparagraph 

19 (A), the Secretary of the Interior shall then 

20 convey lands for which a determination has 

21 been made under paragraph (1) to the BSNC. 

22 (C) Lands conveyed to the BSNC under 

23 subparagraph (B), upon a request of the Sec24 retary, shall be leased to the Coast Guard at no 

25 cost under existing law and shall be charged 


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1 against the remaining entitlement of the BSNC 

2 under section 14(h)(8) of the Alaska Native 

3 Claims Settlement Act (43 U.S.C. 1613(h)(8)) 

4 as set forth in section 4(d)(1)(B). 

5 (3) AIRSTRIP RIGHTS.—Notwithstanding para6 graph (2), the Secretary shall retain an easement 

7 over all existing and future airstrips, runways, and 

8 taxiways, located on tract 2 authorizing the use of 

9 such airstrips, runways and taxiways by Public Air10 craft at no cost. 

11 (b) CONVEYANCE OR LEASE TO THE STATE OF

12 TRACT 2 AND TRACT 6.— 

13 (1) IN GENERAL.— 

14 (A) The State may choose to receive con15 veyance of the surface and subsurface estates of 

16 tract 2 and tract 6, or, in lieu of a conveyance 

17 of such lands, may lease tract 2 and tract 6 at 

18 no cost from the BSNC after conveyance of 

19 tract 2 and tract 6 to the BSNC by the Sec20 retary of the Interior. 

21 (B) The State shall notify the Secretary of 

22 the Interior of its choice made under subpara23 graph (A) in writing. Such notification by the 

24 State shall be deemed to constitute relinquish25 ment of the State’s selection of lands in tract 


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1 2 and tract 6 and agreement that the Secretary 

2 of the Interior shall convey such land to the 

3 BSNC. 

4 (C) Notwithstanding any other provision of 

5 law, and subject to valid existing rights, upon 

6 completion of all applicable conditions required 

7 under subsection (d), and if the State chooses 

8 to receive conveyance of tract 2 and tract 6 

9 under subparagraph (A), the Secretary of the 

10 Interior shall convey to the State all right, title, 

11 and interest of the United States in and to the 

12 surface and subsurface estates of tract 2 and 

13 tract 6, as depicted on the Point Spencer Map. 

14 The conveyance of such estates comprising tract 

15 2 and tract 6 shall be charged against the 

16 State’s entitlement under the Statehood Act 

17 (the Alaska Statehood Act of July 7, 1958 

18 (Public Law 85–508; 72 Stat. 339, as amend19 ed)). 

20 (D) If the State chooses under subpara21 graph (A) to lease lands in tract 2 and tract 6, 

22 such lands shall be conveyed by the Secretary 

23 of the Interior under the Alaska Native Claims 

24 Settlement Act to the BSNC. The BSNC shall 


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1 then lease such lands to the State at no cost to 

2 the State. 

3 (E) The BSNC shall have the right to use 

4 all existing and future airstrips, runways or and 

5 taxiways located on tract 2 for access to and 

6 from the Parcel, provided, however, that the 

7 State may charge the BSNC and other private 

8 sector entities that use such airstrips usual and 

9 customary landing fees or related services for 

10 similar locations elsewhere in Alaska to help de11 fray maintenance and administrative costs asso12 ciated with the operation of the airstrip. 

13 (2) RIGHT-OF-WAY TO AND FROM AIRSTRIP.— 

14 (A) IN GENERAL.—Notwithstanding any 

15 conveyance made under this Act, if requested 

16 by the State, the Secretary of the Interior shall 

17 provide to the State over the lands to be con18 veyed to the BSNC and those retained by the 

19 Coast Guard, a right-of-way at no cost for a 

20 road from the airstrip in tract 2, as depicted on 

21 the Point Spencer Map, to the southern tip of 

22 the Parcel. 

23 (B) LOCATION.—If the State determines to 

24 exercise its right to the right-of-way in subpara25 graph (A), the location of such right-of-way 


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1 shall be determined by the State, in consulta2 tion with the Coast Guard and the BSNC so 

3 that the road will be compatible with other ex4 isting or planned infrastructure development on 

5 Point Spencer in accordance with the Joint 

6 Management Plan. 

7 (c) CONVEYANCE TO THE BSNC OF TRACT 5.— 

8 (1) IN GENERAL.—Notwithstanding any other 

9 provision of law, and subject to valid existing rights 

10 and the provisions of paragraph (2), upon comple11 tion of all applicable conditions precedent required 

12 under subsection (d), and certification that any nec13 essary clean-up and remediation of tract 5 has been 

14 completed to the standards set out in subsection 

15 (e)(2), or that the BSNC has indicated by a resolu16 tion of its Board of Directors submitted to the Sec17 retary of the Interior before conveyance that it is 

18 willing to accept tract 5 as is at the time of such 

19 conveyance, the Secretary of the Interior shall con20 vey to the BSNC all right, title, and interest of the 

21 United States in and to the surface and subsurface 

22 estates of tract 5, as depicted on the Point Spencer 

23 Map. The conveyance of tract 5 to the BSNC shall 

24 reserve to the United States the provisions set out 

25 in paragraph (4). 


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1 (2) AIRSPACE EASEMENT.—The State, Coast 

2 Guard, and the BSNC shall negotiate an airspace 

3 easement bordering the airstrip over land retained 

4 by the Coast Guard and over land conveyed to the 

5 BSNC as reasonable and necessary for safety and 

6 air operations. The State, Coast Guard, and the 

7 BSNC shall notify the Secretary of the Interior 

8 upon completion of such negotiations regarding the 

9 land in tract 2 and tract 5 that shall be subject to 

10 the airspace easement. 

11 (3) PUBLIC ACCESS EASEMENT.—No public ac12 cess easements shall be reserved to the United 

13 States under section 17(b) of the Alaska Native 

14 Claims Settlement Act (43 U.S.C. 1616(b)) with re15 spect to the land conveyed under paragraph (1) or 

16 subsequent conveyances under section 4(a)(1) (A) 

17 and (B). 

18 (4) ARCHAEOLOGICAL AND CULTURAL RE19 SOURCES.— 

20 (A) IN GENERAL.—Except as provided in 

21 subparagraph (B), with respect to any archae22 ological resources contained in the land con23 veyed under paragraph (1) (tract 5), the United 

24 States shall retain, until otherwise notified 


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1 under subparagraph (B), the authority and re2 sponsibility to enforce— 

3 (i) the Archaeological Resources Pro4 tection Act of 1979 (16 U.S.C. 470aa et 

5 seq.); 

6 (ii) the National Historic Preservation 

7 Act (16 U.S.C. 470 et seq.); and 

8 (iii) the Native American Graves Pro9 tection and Repatriation Act (25 U.S.C. 

10 3001 et seq.). 

11 (B) NOTIFICATION.— 

12 (i) IN GENERAL.—Not later than 270 

13 days after the date of the enactment of 

14 this Act, the BSNC shall submit to the 

15 Secretary of the Interior a map that indi16 cates the areas of tract 5 over which the 

17 Secretary of the Interior shall continue to 

18 retain the authority to enforce the Acts 

19 listed in subparagraph (A). 

20 (ii) ENFORCEMENT AFTER NOTIFICA21 TION.—On receipt of the map described in 

22 clause (i)— 

23 (I) the Secretary of the Interior 

24 shall cease enforcing any of the Acts 

25 listed in subparagraph (A) on land loVerDate Mar 15 2010 04:37 May 24, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4668.IH H4668

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1 cated in tract 5 but outside of the 

2 areas described in subparagraph 

3 (B)(i); and 

4 (II) any future enforcement out5 side of the areas described in subpara6 graph (B)(i) shall be conducted in ac7 cordance with the Acts listed in sub8 paragraph (A). 

9 (d) CONDITIONS PRECEDENT TO CONVEYANCE.— 

10 (1) BERING STRAITS NATIVE CORPORATION.— 

11 Not later than 120 days after the date of enactment 

12 of this Act, with respect to any land leased under 

13 subsection (a)(2), (b) or conveyed under subsection 

14 (c) to BSNC, BSNC shall provide to the Secretary 

15 of the Interior, acting through the Alaska State Di16 rector of the Bureau of Land Management, a cor17 porate resolution adopted by the Board of Directors 

18 of the BSNC— 

19 (A) accepting the conveyance of any por20 tions of tract 1, 2, 3, 4, 5, or 6, as depicted on 

21 the Point Spencer Map, under this section; 

22 (B) agreeing that the conveyances made 

23 pursuant to this Act will be charged against the 

24 remaining entitlement of the BSNC under sec25 tion 14(h)(8) of the Alaska Native Claims SetVerDate Mar 15 2010 04:37 May 24, 2014 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4668.IH H4668

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1 tlement Act (43 U.S.C. 1613(h)(8)) for a total 

2 of 2,320 acres, including any portion of tract 1, 

3 2, 3, 4, or 6, as depicted on the Map, irrespec4 tive of the date of conveyance; and 

5 (C) waiving the survey requirement of sec6 tion 13 of the Alaska Native Claims Settlement 

7 Act (43 U.S.C. 1612), as to the land conveyed 

8 to the BSNC under subsection (c) or otherwise 

9 pursuant to this Act. 

10 (2) STATE.—Not later than 120 days after the 

11 date of the enactment of this Act and as a condition 

12 precedent to any land conveyed under this section, 

13 the Governor shall submit to the Secretary of the In14 terior, acting through the Alaska State Director of 

15 the Bureau of Land Management, a statement— 

16 (A) accepting the option for conveyance of 

17 tract 2 and tract 6 as depicted on the Map or 

18 choosing to lease tract 2 and tract 6 pursuant 

19 to subsection (b)(1) of this section; 

20 (B) relinquishing selection applications F– 

21 44467 and F–89393 as to those lands to be 

22 conveyed to BSNC acknowledging that such re23 linquishment shall become effective upon con24 veyance of any or all of tracts 1 through 6 irre25 spective of the dates of such conveyances; 


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1 (C) agreeing that if the conveyance option 

2 to the State under subsection (b) is chosen, 

3 such conveyance will be charged against the re4 maining entitlement of the State under section 

5 6(b) of the Act of July 7, 1958 (commonly 

6 known as the ‘‘Alaska Statehood Act’’ (Public 

7 Law 85–508; 72 Stat. 339, as amended)), for 

8 a total of 180 acres; and 

9 (D) waiving the survey requirement of sec10 tion 6(g) of that Act as to the land conveyed 

11 under subsection (b). 

12 (e) ADMINISTRATIVE.— 

13 (1) IN GENERAL.—On the dates on which the 

14 conveyances under this section are complete— 

15 (A) the portion of the Parcel conveyed to 

16 the BSNC shall be charged against the remain17 ing entitlement of the BSNC under section 

18 14(h)(8) of the Alaska Native Claims Settle19 ment Act (43 U.S.C. 1613(h)(8)) and be con20 sidered a conveyance under that Act; and 

21 (B) the portion of the Parcel conveyed to 

22 the State shall be charged against the remain23 ing entitlement of the State under section 6(b) 

24 of the Act of July 7, 1958 (commonly known as 

25 the ‘‘Alaska Statehood Act’’ (Public Law 85– 


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1 508; 72 Stat. 339, as amended)), and be con2 sidered a conveyance under that Act. 

3 (2) CLEAN-UP AND REMEDIATION.—To the ex4 tent cleanup and remediation of hazardous materials 

5 on any tract of the Point Spencer Parcel is required 

6 by law, and notwithstanding any other provision of 

7 law— 

8 (A) clean-up and remediation shall be per9 formed in accordance with the State of Alaska 

10 Department of Environmental Conservation 

11 standards for land used for industrial purposes; 

12 and 

13 (B) notwithstanding subparagraph (A), 

14 any known contamination that does not pose 

15 any immediate or long-term health risk shall be 

16 routinely monitored through institutional con17 trols. 

18 (3) TIDELANDS AND SUBMERGED LANDS.— 

19 (A) Ownership of the tidelands and sub20 merged lands adjacent to Point Spencer were 

21 presumptively conveyed to the State of Alaska 

22 as provided by the Submerged Lands Act of 

23 1953, as amended, and made applicable to the 

24 State of Alaska under section 6(m) of the Alas25 ka Statehood Act, 72 Stat. 343 (1958). 


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1 (B) The Secretary is authorized to exercise 

2 the dominant Federal Navigational Servitude to 

3 install temporary or permanent structures at no 

4 cost in or on the tidelands and submerged lands 

5 of Point Spencer, including, but not limited to, 

6 mooring buoy sinkers, temporary or permanent 

7 piers, docks, or wharves. 

8 (C) Nothing in this Act alters the existing 

9 ownership by the State of tidelands and sub10 merged lands under existing State of Alaska 

11 and Federal law. 

12 (4) JOINT MANAGEMENT PLAN.— 

13 (A) The Secretary, the State, and the 

14 BSNC shall develop a Joint Management Plan 

15 for the use and management of the lands re16 tained, conveyed or leased under this Act. 

17 (B) The Joint Management Plan shall be 

18 updated annually for the first 5 years and bien19 nially thereafter. 

Æ 


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