II 

Calendar No. 975 

110TH CONGRESS 

2D SESSION S. 1680 

To provide for the inclusion of certain non-Federal land in the Izembek 

National Wildlife Refuge and the Alaska Peninsula National Wildlife 

Refuge in the State of Alaska, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 21, 2007 

Ms. MURKOWSKI (for herself, Mr. STEVENS, and Mr. AKAKA) introduced the 

following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

SEPTEMBER 16, 2008 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To provide for the inclusion of certain non-Federal land 

in the Izembek National Wildlife Refuge and the Alaska 

Peninsula National Wildlife Refuge in 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 ‘‘Izembek and Alaska 

3 Peninsula Refuge and Wilderness Enhancement Act of 

4 2007’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds that— 

7 (1) King Cove, Alaska, is— 

8 (A) located 625 air miles from Anchorage, 

9 Alaska, on the south side of the Alaska Penin10 sula, on a sand spit fronting Deer Passage and 

11 Deer Island; 

12 (B) accessible only by air and water; and 

13 (C) 1 of the most geographically isolated 

14 areas of the State of Alaska; 

15 (2) constant adverse weather and limiting phys16 ical topography make traveling in and out of King 

17 Cove directly by air dangerous and impractical much 

18 of the time; 

19 (3) King Cove is the homeland of Aleut people 

20 who— 

21 (A) are federally recognized as indigenous 

22 peoples of the United States; 

23 (B) have fished, hunted, and subsisted in 

24 King Cove for over 4,000 years; and 

25 (C) refer to the King Cove community as 

26 ‘‘Agdaagux’’; 


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1 (4) the Agdaagux Tribal Council, which is the 

2 federally recognized tribal government for King 

3 Cove, recognizes that most residents of King Cove 

4 are direct descendants of the original Aleut inhab5 itants; 

6 (5) in the 1940s, an airport capable of access 

7 by jets was constructed by the United States Army 

8 at Cold Bay, which is approximately 25 surface 

9 miles north of King Cove, to support World War II 

10 related national security needs; 

11 (6) while the Cold Bay Airport, which is now a 

12 civilian airport operated by the State of Alaska, is 

13 the lifeline for the King Cove people to the outside 

14 world, particularly for the life, safety, and health 

15 needs of the indigenous residents, there is no surface 

16 access between King Cove and the airport; 

17 (7) nearly all of the land between King Cove 

18 and Cold Bay is— 

19 (A) owned by the Federal Government as 

20 part of the Izembek National Wildlife Refuge; 

21 and 

22 (B) managed as wilderness; and 

23 (8) the Agdaagux Tribal Council— 

24 (A) maintains that the Council and the in25 digenous Aleut people of King Cove were not 


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1 consulted before the land that separates resi2 dents from the nearest all-weather airport was 

3 designated as wilderness, even though approxi4 mately 1,292 people across the United States, 

5 Canada, and Europe— 

6 (i) received notice of the potential des7 ignation; and 

8 (ii) during 1969 and 1970, were ex9 pressly invited by the Bureau of Sport 

10 Fisheries and Wildlife, the predecessor of 

11 the United States Fish and Wildlife Serv12 ice, to participate in the process of consid13 ering whether the land should be managed 

14 as wilderness; 

15 (B) regards the failure of the Federal Gov16 ernment to consult with the Council and the in17 digenous Aleut people of King Cove as a 

18 ‘‘wrong and troubling action taken by the fed19 eral government’’; 

20 (C) submits that dozens of King Cove resi21 dents have died or suffered grave health con22 sequences in the past 30 years because the resi23 dents could not reach timely medical assistance 

24 in Anchorage, Alaska, that can only be accessed 

25 via the all-weather Cold Bay Airport; and 


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1 (D) has expressed the full endorsement 

2 and support of the Council for the construction 

3 of a road between King Cove and the Cold Bay 

4 Airport as an expression of, and commitment 

5 to, self-determination for the Aleut people of 

6 King Cove who were not consulted before the 

7 land vital to the survival of the Aleut people of 

8 King Cove was designated as wilderness. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

12 means— 

13 (A) the approximately 206 acres of Federal 

14 land within the Izembek National Wildlife Ref15 uge in the State that is depicted on the map as 

16 ‘‘King Cove Road’’; and 

17 (B) the approximately 1,600 acres of Fed18 eral land that is depicted on the map as 

19 ‘‘Sitkinak Island’’. 

20 (2) LANDOWNER.—The term ‘‘landowner’’ 

21 means— 

22 (A) the State; and 

23 (B) the other owners of the non-Federal 

24 land, including King Cove Corporation. 


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1 (3) MAP.—The term ‘‘map’’ means the map en2 titled ‘‘Proposed Land Enhancements’’ and dated 

3 June 2007. 

4 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed5 eral land’’ means the approximately 61,723 acres of 

6 non-Federal land authorized to be added to the Ref7 uges under this Act, as depicted on the map. 

8 (5) REFUGE.—The term ‘‘Refuge’’ means each 

9 of the Izembek National Wildlife Refuge and the 

10 Alaska Peninsula National Wildlife Refuge in the 

11 State. 

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

13 the Secretary of the Interior. 

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

15 of Alaska. 

16 SEC. 4. CONVEYANCE OF LAND. 

17 (a) IN GENERAL.—The Secretary shall convey to the 

18 State all right, title, and interest of the United States in 

19 and to the Federal land on— 

20 (1) conveyance by the landowner to the Sec21 retary of title to the non-Federal land that is accept22 able to the Secretary; and 

23 (2) certification by the Governor of the State 

24 that the State-owned land at Kinzaroff Lagoon has 

25 been designated under State law as a State refuge. 


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1 (b) MAP.— 

2 (1) AVAILABILITY.—The map shall be on file 

3 and available for public inspection in the appropriate 

4 offices of the Secretary. 

5 (2) REVISED MAP.—Not later than 180 days 

6 after the date of completion of the conveyance of 

7 Federal land and non-Federal land under this sec8 tion, the Secretary shall submit to the Committee on 

9 Energy and Natural Resources of the Senate and 

10 the Committee on Natural Resources of the House 

11 of Representatives a revised map that depicts the 

12 Federal land and non-Federal land conveyed under 

13 this section. 

14 (c) KING COVE ROAD CONVEYANCE.— 

15 (1) IN GENERAL.—The land described in sec16 tion 3(1)(A) shall be used for construction of a State 

17 road. 

18 (2) TERMS AND CONDITIONS.— 

19 (A) CABLE BARRIER.—A road constructed 

20 under this subsection shall include a cable bar21 rier on each side of the road, as described in 

22 the record of decision entitled ‘‘Mitigation 

23 Measure MM–11, King Cove Access Project 

24 Final Environmental Impact Statement Record 

25 of Decision’’ and dated January 22, 2004. 


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1 (B) SUPPORT FACILITIES.—Support facili2 ties for a road constructed under this sub3 section shall not be located on federally owned 

4 land in the Izembek National Wildlife Refuge. 

5 (3) COOPERATIVE RIGHT-OF-WAY PLANNING

6 PROCESS.— 

7 (A) IN GENERAL.—On request of the 

8 State, the Secretary, in cooperation with the 

9 Secretary of Transportation, the State, the 

10 Agdaagux Tribal Council, the Aleutians East 

11 Borough, the City of King Cove, and the King 

12 Cove Corporation, shall undertake a process to 

13 determine the route for the road required to be 

14 constructed under paragraph (1) within the cor15 ridor that is depicted on the map as ‘‘King 

16 Cove Road’’. 

17 (B) DEADLINE.—Not later than 18 

18 months after the date on which the State sub19 mits a request under subparagraph (A), the 

20 Secretary shall complete the planning process 

21 required under that subparagraph. 

22 (C) COMPATIBILITY.—The route for the 

23 road recommended by the Secretary under this 

24 paragraph shall be considered to be compatible 


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1 with the purposes for which the Refuge was es2 tablished. 

3 (D) CONSTRUCTION.—Construction of the 

4 road along the route recommended by the Sec5 retary under this paragraph is authorized in ac6 cordance with this Act. 

7 (4) RECONVEYANCE.—The Secretary shall, on 

8 receipt of a written request from the State or the 

9 King Cove Corporation, immediately reconvey the 

10 applicable non-Federal land to the appropriate land11 owner that contributed the land if— 

12 (A) a preliminary or permanent injunction 

13 is entered by a court of competent jurisdiction 

14 enjoining construction or use of the road; or 

15 (B) the State or the King Cove Corpora16 tion determines before construction of the road 

17 that the road cannot be feasibly constructed or 

18 maintained. 

19 (d) APPLICABLE LAW.— 

20 (1) IN GENERAL.—The conveyance of Federal 

21 land and non-Federal land shall not be subject to 

22 any requirements for valuation, appraisal, and 

23 equalization under any other Federal law. 

24 (2) ANCSA.—The use of existing roads and the 

25 construction of new roads on King Cove Corporation 


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1 land to access the road authorized under this Act 

2 shall be considered— 

3 (A) to be consistent with subsection (g) of 

4 section 22 of the Alaska Native Claims Settle5 ment Act (43 U.S.C. 1621) and any patents 

6 issued under that subsection; and 

7 (B) not to interfere with the purposes for 

8 which the Refuge was established. 

9 (e) NOTICE.—The Secretary shall submit to the Com10 mittee on Energy and Natural Resources of the Senate 

11 and the Committee on Natural Resources of the House 

12 of Representatives notice of the completion of the convey13 ance of Federal land and non-Federal land under this sec14 tion. 

15 (f) DESIGNATION OF WILDERNESS.—On conveyance 

16 of the non-Federal land to the Secretary, the approxi17 mately 45,493 acres of land generally depicted on the map 

18 entitled ‘‘Wilderness additions to Izembek and Alaska Pe19 ninsula Wildlife Refuges’’ and dated June 2007, shall be 

20 designated as wilderness. 

21 (g) ADMINISTRATION.—The Secretary shall admin22 ister the non-Federal land acquired under this Act— 

23 (1) in accordance with the laws generally appli24 cable to units of the National Refuge System; 


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1 (2) as wilderness, in accordance with the Alaska 

2 National Interest Lands Conservation Act (16 

3 U.S.C. 3101 et seq.); and 

4 (3) subject to valid existing rights. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘Izembek and Alaska Pe7 ninsula Refuge Enhancement Act of 2008’’. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 

10 (1) CORPORATION.—The term ‘‘Corporation’’ 

11 means the King Cove Corporation. 

12 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

13 means— 

14 (A) the approximately 206 acres of Federal 

15 land located within the Refuge, as generally de16 picted on the map; and 

17 (B) the approximately 1,600 acres of Fed18 eral land located on Sitkinak Island, as gen19 erally depicted on the map. 

20 (3) MAP.—The term ‘‘map’’ means each of— 

21 (A) the map entitled ‘‘Izembek and Alaska 

22 Peninsula National Wildlife Refuges’’ and dated 

23 September 2, 2008; and 


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1 (B) the map entitled ‘‘Sitkinak Island– 

2 Alaska Maritime National Wildlife Refuge’’ and 

3 dated September 2, 2008. 

4 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed5 eral land’’ means— 

6 (A) the approximately 43,093 acres of land 

7 owned by the State, as generally depicted on the 

8 map; and 

9 (B) the approximately 13,300 acres of land 

10 owned by the Corporation (including approxi11 mately 5,430 acres of land for which the Cor12 poration shall relinquish the selection rights of 

13 the Corporation under the Alaska Native Claims 

14 Settlement Act (43 U.S.C. 1601 et seq.) as part 

15 of the land exchange under section 3(a)), as gen16 erally depicted on the map. 

17 (5) REFUGE.—The term ‘‘Refuge’’ means the 

18 Izembek National Wildlife Refuge. 

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

20 the Secretary of the Interior. 

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

22 of Alaska. 

23 (8) TRIBE.—The term ‘‘Tribe’’ means the 

24 Agdaagux Tribe of King Cove, Alaska. 


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1 SEC. 3. LAND EXCHANGE. 

2 (a) IN GENERAL.—Upon receipt of notification by the 

3 State and the Corporation of the intention of the State and 

4 the Corporation to exchange the non-Federal land for the 

5 Federal land, subject to the conditions and requirements de6 scribed in this Act, the Secretary may convey to the State 

7 all right, title, and interest of the United States in and to 

8 the Federal land. The Federal land within the Refuge shall 

9 be transferred for the purpose of constructing a single-lane 

10 gravel road between the communities of King Cove and Cold 

11 Bay, Alaska. 

12 (b) COMPLIANCE WITH NATIONAL ENVIRONMENTAL

13 POLICY ACT OF 1969 AND OTHER APPLICABLE LAWS.— 

14 (1) IN GENERAL.—In determining whether to 

15 carry out the land exchange under subsection (a), the 

16 Secretary shall— 

17 (A) comply with the National Environ18 mental Policy Act of 1969 (42 U.S.C. 4321 et 

19 seq.); and 

20 (B) except as provided in subsection (c), 

21 comply with any other applicable law (including 

22 regulations). 

23 (2) ENVIRONMENTAL IMPACT STATEMENT.— 

24 (A) IN GENERAL.—Not later than 60 days 

25 after the date on which the Secretary receives no26 tification under subsection (a), the Secretary 


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1 shall initiate the preparation of an environ2 mental impact statement required under the Na3 tional Environmental Policy Act of 1969 (42 

4 U.S.C. 4321 et seq.). 

5 (B) REQUIREMENTS.—The environmental 

6 impact statement prepared under subparagraph 

7 (A) shall contain— 

8 (i) an analysis of— 

9 (I) the proposed land exchange; 

10 and 

11 (II) the potential construction and 

12 operation of a road between the com13 munities of King Cove and Cold Bay, 

14 Alaska; and 

15 (ii) an evaluation of a specific road 

16 corridor through the Refuge that is identi17 fied in consultation with the State, the City 

18 of King Cove, Alaska, and the Tribe. 

19 (3) COOPERATING AGENCIES.— 

20 (A) IN GENERAL.—During the preparation 

21 of the environmental impact statement under 

22 paragraph (2), each entity described in subpara23 graph (B) may participate as a cooperating 

24 agency. 


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1 (B) AUTHORIZED ENTITIES.—An author2 ized entity may include— 

3 (i) any Federal agency that has per4 mitting jurisdiction over the road described 

5 in paragraph (2)(B)(i)(II); 

6 (ii) the State; 

7 (iii) the Aleutians East Borough of the 

8 State; 

9 (iv) the City of King Cove, Alaska; 

10 (v) the Tribe; and 

11 (vi) the Alaska Migratory Bird Co12 Management Council. 

13 (c) VALUATION.—The conveyance of the Federal land 

14 and non-Federal land under this section shall not be subject 

15 to any requirement under any Federal law (including regu16 lations) relating to the valuation, appraisal, or equalization 

17 of land. 

18 (d) PUBLIC INTEREST DETERMINATION.— 

19 (1) CONDITIONS FOR LAND EXCHANGE.—Subject 

20 to paragraph (2), to carry out the land exchange 

21 under subsection (a), the Secretary shall determine 

22 that the land exchange (including the construction of 

23 a road between the City of King Cove, Alaska, and the 

24 Cold Bay Airport) is in the public interest. 


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1 (2) LIMITATION OF AUTHORITY OF SEC2 RETARY.—The Secretary may not, as a condition for 

3 a finding that the land exchange is in the public in4 terest— 

5 (A) require the State or the Corporation to 

6 convey additional land to the United States; or 

7 (B) impose any restriction on the subsist8 ence uses (as defined in section 803 of the Alaska 

9 National Interest Lands Conservation Act (16 

10 U.S.C. 3113)) of waterfowl by rural residents of 

11 the State. 

12 (e) KINZAROFF LAGOON.—The land exchange under 

13 subsection (a) shall not be carried out before the date on 

14 which the parcel of land owned by the State that is located 

15 in the Kinzaroff Lagoon has been designated by the State 

16 as a State refuge, in accordance with the applicable laws 

17 (including regulations) of the State. 

18 (f) DESIGNATION OF ROAD CORRIDOR.—In desig19 nating the road corridor described in subsection 

20 (b)(2)(B)(ii), the Secretary shall— 

21 (1) minimize the adverse impact of the road cor22 ridor on the Refuge; 

23 (2) transfer the minimum acreage of Federal 

24 land that is required for the construction of the road 

25 corridor; and 


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1 (3) to the maximum extent practicable, incor2 porate into the road corridor roads that are in exist3 ence as of the date of enactment of this Act. 

4 (g) ADDITIONAL TERMS AND CONDITIONS.—The land 

5 exchange under subsection (a) shall be subject to any other 

6 term or condition that the Secretary determines to be nec7 essary. 

8 SEC. 4. KING COVE ROAD. 

9 (a) REQUIREMENTS RELATING TO USE, BARRIER CA10 BLES, AND DIMENSIONS.— 

11 (1) LIMITATIONS ON USE.— 

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

13 subparagraph (B), any portion of the road con14 structed on the Federal land conveyed pursuant 

15 to this Act shall be used only for noncommercial 

16 purposes. 

17 (B) EXCEPTIONS.—Notwithstanding sub18 paragraph (A), the use of taxis, commercial vans 

19 for public transportation, and shared rides 

20 (other than organized transportation of employ21 ees to a business or other commercial facility) 

22 shall be allowed on the road described in sub23 paragraph (A). 

24 (C) REQUIREMENT OF AGREEMENT.—The 

25 limitations of the use of the road described in 


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1 this paragraph shall be enforced in accordance 

2 with an agreement entered into between the Sec3 retary and the State. 

4 (2) REQUIREMENT OF BARRIER CABLE.—The 

5 road described in paragraph (1)(A) shall be con6 structed to include a cable barrier on each side of the 

7 road, as described in the record of decision entitled 

8 ‘‘Mitigation Measure MM–11, King Cove Access 

9 Project Final Environmental Impact Statement 

10 Record of Decision’’ and dated January 22, 2004. 

11 (3) REQUIRED DIMENSIONS.—The road described 

12 in paragraph (1)(A) shall— 

13 (A) have a width of not greater than a sin14 gle lane, in accordance with the applicable road 

15 standards of the State; 

16 (B) be constructed with gravel; and 

17 (C) if determined to be necessary, be con18 structed to include appropriate safety pullouts. 

19 (b) SUPPORT FACILITIES.—Support facilities for the 

20 road described in subsection (a)(1)(A) shall not be located 

21 within the Refuge. 

22 (c) FEDERAL PERMITS.—It is the intent of Congress 

23 that any Federal permit required for construction of the 

24 road be issued or denied not later than 1 year after the 

25 date of application for the permit. 


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1 (d) APPLICABLE LAW.—Nothing in this section 

2 amends, or modifies the application of, section 1110 of the 

3 Alaska National Interest Lands Conservation Act (16 

4 U.S.C. 3170). 

5 (e) MITIGATION PLAN.— 

6 (1) IN GENERAL.—Based on the evaluation of 

7 impacts determined through the completion of the en8 vironmental impact statement under section 3(b)(2), 

9 the Secretary, in consultation with the entities de10 scribed in section 3(b)(3)(B), shall develop an enforce11 able mitigation plan. 

12 (2) CORRECTIVE MODIFICATIONS.—The Secretary 

13 may make corrective modifications to the mitigation 

14 plan developed under paragraph (1) if— 

15 (A) the mitigation standards required under 

16 the mitigation plan are maintained; and 

17 (B) the Secretary provides an opportunity 

18 for public comment with respect to any proposed 

19 corrective modification. 

20 SEC. 5. ADMINISTRATION OF CONVEYED LANDS. 

21 (1) FEDERAL LAND.—Upon completion of the 

22 land exchange under section 3(a)— 

23 (A) the boundary of the land designated as 

24 wilderness within the Refuge shall be modified to 


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1 exclude the Federal land conveyed to the State 

2 under the land exchange; and 

3 (B) the Federal land located on Sitkinak Is4 land that is withdrawn for use by the Coast 

5 Guard shall, at the request of the State, be trans6 ferred by the Secretary to the State upon the re7 linquishment or termination of the withdrawal. 

8 (2) NON-FEDERAL LAND.—Upon completion of 

9 the land exchange under section 3(a), the non-Federal 

10 land conveyed to the United States under this Act 

11 shall be— 

12 (A) added to the Refuge or the Alaska Pe13 ninsula National Wildlife Refuge, as appro14 priate, as generally depicted on the map; and 

15 (B) administered in accordance with the 

16 laws generally applicable to units of the Na17 tional Wildlife Refuge System. 

18 (3) WILDERNESS ADDITIONS.— 

19 (A) IN GENERAL.—Upon completion of the 

20 land exchange under section 3(a), approximately 

21 43,093 acres of land as generally depicted on the 

22 map shall be added to— 

23 (i) the Izembek National Wildlife Ref24 uge Wilderness; or 


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1 (ii) the Alaska Peninsula National 

2 Wildlife Refuge Wilderness. 

3 (B) ADMINISTRATION.—The land added as 

4 wilderness under subparagraph (A) shall be ad5 ministered by the Secretary in accordance with 

6 the Wilderness Act (16 U.S.C. 1131 et seq.) and 

7 other applicable laws (including regulations). 

8 SEC. 6. FAILURE TO BEGIN ROAD CONSTRUCTION. 

9 (a) NOTIFICATION TO VOID LAND EXCHANGE.—If the 

10 Secretary, the State, and the Corporation enter into the 

11 land exchange authorized under section 3(a), the State or 

12 the Corporation may notify the Secretary in writing of the 

13 intention of the State or Corporation to void the exchange 

14 if construction of the road through the Refuge has not begun. 

15 (b) DISPOSITION OF LAND EXCHANGE.—Upon the lat16 ter of the date on which the Secretary receives a request 

17 under subsection (a), and the date on which the Secretary 

18 determines that the Federal land conveyed under the land 

19 exchange under section 3(a) has not been adversely im20 pacted (other than any nominal impact associated with the 

21 preparation of an environmental impact statement under 

22 section 3(b)(2)), the land exchange shall be null and void. 

23 (c) RETURN OF PRIOR OWNERSHIP STATUS OF FED24 ERAL AND NON-FEDERAL LAND.—If the land exchange is 

25 voided under subsection (b)— 


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1 (1) the Federal land and non-Federal land shall 

2 be returned to the respective ownership status of each 

3 land prior to the land exchange; 

4 (2) the parcel of the Federal land that is located 

5 in the Refuge shall be managed as part of the Izembek 

6 National Wildlife Refuge Wilderness; and 

7 (3) each selection of the Corporation under the 

8 Alaska Native Claims Settlement Act (43 U.S.C. 1601 

9 et seq.) that was relinquished under this Act shall be 

10 reinstated. 


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Calendar No. 975 

110TH CONGRESS 

2D SESSION S. 1680 

A BILL 

To provide for the inclusion of certain non-Federal 

poses. uge in the State of Alaska, and for other purand the Alaska Peninsula National Wildlife Refland in the Izembek National Wildlife Refuge 

SEPTEMBER 16, 2008 

Reported with an amendment 


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