I 
110TH CONGRESS 
1ST SESSION H. R. 2801 
To provide for the inclusion of certain non-Federal land in the Izembek 
and Alaska Peninsula Wildlife Refuges and Wilderness in the State 
of Alaska and for the granting of a right-of-way for safe and reliable 
access for the Native Village of King Cove, Alaska, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 20, 2007 
Mr. YOUNG of Alaska introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To provide for the inclusion of certain non-Federal land 
in the Izembek and Alaska Peninsula Wildlife Refuges 
and Wilderness in the State of Alaska and for the grant-
ing of a right-of-way for safe and reliable access for 
the Native Village of King Cove, Alaska, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Izembek and Alaska 
Peninsula Refuge and Wilderness Enhancement and King 
Cove Safe Access Act’’. 
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SEC. 2. FINDINGS. 
Congress finds that— 
(1) King Cove, Alaska, is— 
(A) located 625 air miles from Anchorage, 
Alaska, on the south side of the Alaska Penin-
sula, on a sand spit fronting Deer Passage and 
Deer Island; 
(B) accessible only by air and water; and 
(C) one of the most geographically isolated 
areas of the State of Alaska; 
(2) constant adverse weather and limiting phys-
ical topography make traveling in and out of King 
Cove directly by air dangerous and impractical much 
of the time; 
(3) King Cove is the homeland of Aleut people 
who— 
(A) are federally recognized as indigenous 
peoples of the United States; 
(B) have fished, hunted, and subsisted in 
King Cove for over 4,000 years; and 
(C) refer to the King Cove community as 
‘‘Agdaagux’’; 
(4) the Agdaagux Tribal Council, which is the 
federally recognized tribal government for King 
Cove, recognizes that most of residents of King Cove 
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are direct descendants of the original Aleut inhab-
itants; 
(5) in the 1940s, an airport capable of access 
by jets was constructed by the United States Army 
at Cold Bay, which is approximately 25 surface 
miles north of King Cove, to support World War II 
related national security needs; 
(6) while the Cold Bay Airport, which is now a 
civilian airport operated by the State of Alaska, is 
the lifeline for the King Cove people to the outside 
world, particularly for the life, safety, and health 
needs of the indigenous residents, there is no surface 
access between King Cove and the airport; 
(7) nearly all of the land between King Cove 
and Cold Bay is— 
(A) owned by the Federal Government as 
part of the Izembek National Wildlife Refuge; 
and 
(B) managed as wilderness; and 
(8) the Agdaagux Tribal Council— 
(A) maintains that the Council and the in-
digenous Aleut people of King Cove were not 
consulted before the land that separates resi-
dents from the nearest all-weather airport was 
designated as wilderness, even though approxi-
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mately 1,292 people across the United States, 
Canada, and Europe— 
(i) received notice of the potential des-
ignation; and 
(ii) during 1969 and 1970, were ex-
pressly invited by the Bureau of Sport 
Fisheries and Wildlife, the predecessor of 
the United States Fish and Wildlife Serv-
ice, to participate in the process of consid-
ering whether the land should be managed 
as wilderness; 
(B) regards the failure of the Federal Gov-
ernment to consult with the Council and the in-
digenous Aleut people of King Cove as a 
‘‘wrong and troubling action taken by the fed-
eral government’’; 
(C) submits that dozens of King Cove resi-
dents have died or suffered grave health con-
sequences in the past 30 years because the resi-
dents could not reach timely medical assistance 
in Anchorage, Alaska, that can only be accessed 
via the all-weather Cold Bay Airport; and 
(D) has expressed the full endorsement 
and support of the Council for the construction 
of a road between King Cove and the Cold Bay 
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Airport as an expression of, and commitment 
to, self-determination for the Aleut people of 
King Cove who were not consulted before the 
land vital to the survival of the Aleut people of 
King Cove was designated as wilderness. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) FEDERAL LAND.—The term ‘‘Federal land’’ 
means— 
(A) the approximately 206 acres of Federal 
land within the Izembek National Wildlife Ref-
uge in the State that is depicted on the map as 
‘‘King Cove Road’’; and 
(B) the approximately 1,600 acres of Fed-
eral land that is depicted on the map as 
‘‘Sitkinak Island’’. 
(2) 
LANDOWNER.—The 
term 
‘‘landowner’’ 
means— 
(A) the State; and 
(B) the other owners of the non-Federal 
land, including King Cove Corporation. 
(3) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Proposed Land Enhancements’’ and dated 
June 2007. 
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(4) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means the approximately 61,723 acres of 
non-Federal land authorized to be added to the Ref-
uges under this Act, as depicted on the map. 
(5) REFUGE.—The term ‘‘Refuge’’ means each 
of the Izembek National Wildlife Refuge and the 
Alaska Peninsula National Wildlife Refuge in the 
State. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(7) STATE.—The term ‘‘State’’ means the State 
of Alaska. 
SEC. 4. CONVEYANCE OF LAND. 
(a) IN GENERAL.—The Secretary shall convey to the 
State all right, title, and interest of the United States in 
and to the Federal land on— 
(1) conveyance by the landowner to the Sec-
retary of title to the non-Federal land that is accept-
able to the Secretary; and 
(2) certification by the Governor of the State 
that the State-owned land at Kinzaroff Lagoon has 
been designated under State law as a State refuge. 
(b) MAP.— 
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(1) AVAILABILITY.—The map shall be on file 
and available for public inspection in the appropriate 
offices of the Secretary. 
(2) REVISED MAP.—Not later than 180 days 
after the date of completion of the conveyance of 
Federal land and non-Federal land under this sec-
tion, the Secretary shall submit to the Committee on 
Energy and Natural Resources of the Senate and 
the Committee on Natural Resources of the House 
of Representatives a revised map that depicts the 
Federal land and non-Federal land conveyed under 
this section. 
(c) KING COVE ROAD CONVEYANCE.— 
(1) IN GENERAL.—The land described in sec-
tion 3(1)(A) shall be used for construction of a State 
road. 
(2) TERMS AND CONDITIONS.— 
(A) CABLE BARRIER.—A road constructed 
under this subsection shall include a cable bar-
rier on each side of the road, as described in 
the record of decision entitled ‘‘Mitigation 
Measure MM–11, King Cove Access Project 
Final Environmental Impact Statement Record 
of Decision’’ and dated January 22, 2004. 
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(B) SUPPORT FACILITIES.—Support facili-
ties for a road constructed under this sub-
section shall not be located on federally owned 
land in the Izembek National Wildlife Refuge. 
(3) COOPERATIVE
RIGHT-OF-WAY
PLANNING 
PROCESS.— 
(A) IN
GENERAL.—On request of the 
State, the Secretary, in cooperation with the 
Secretary of Transportation, the State, the 
Agdaagux Tribal Council, the Aleutians East 
Borough, the City of King Cove, and the King 
Cove Corporation, shall undertake a process to 
determine the route for the road required to be 
constructed under paragraph (1) within the cor-
ridor that is depicted on the map as ‘‘King 
Cove Road’’. 
(B) 
DEADLINE.—Not 
later 
than 
months after the date on which the State sub-
mits a request under subparagraph (A), the 
Secretary shall complete the planning process 
required under that subparagraph. 
(C) COMPATIBILITY.—The route for the 
road recommended by the Secretary under this 
paragraph shall be considered to be compatible 
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with the purposes for which the Refuge was es-
tablished. 
(D) CONSTRUCTION.—Construction of the 
road along the route recommended by the Sec-
retary under this paragraph is authorized in ac-
cordance with this Act. 
(4) RECONVEYANCE.—The Secretary shall, on 
receipt of a written request from the State or the 
King Cove Corporation, immediately reconvey the 
applicable non-Federal land to the appropriate land-
owner that contributed the land if— 
(A) a preliminary or permanent injunction 
is entered by a court of competent jurisdiction 
enjoining construction or use of the road; or 
(B) the State or the King Cove Corpora-
tion determines before construction of the road 
that the road cannot be feasibly constructed or 
maintained. 
(d) APPLICABLE LAW.— 
(1) IN GENERAL.—The conveyance of Federal 
land and non-Federal land shall not be subject to 
any requirements for valuation, appraisal, and 
equalization under any other Federal law. 
(2) ANCSA.—The use of existing roads and the 
construction of new roads on King Cove Corporation 
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land to access the road authorized under this Act 
shall be considered— 
(A) to be consistent with subsection (g) of 
section 22 of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1621) and any patents 
issued under that subsection; and 
(B) not to interfere with the purposes for 
which the Refuge was established. 
(e) NOTICE.—The Secretary shall submit to the Com-
mittee on Energy and Natural Resources of the Senate 
and the Committee on Natural Resources of the House 
of Representatives notice of the completion of the convey-
ance of Federal land and non-Federal land under this sec-
tion. 
(f) DESIGNATION OF WILDERNESS.—On conveyance 
of the non-Federal land to the Secretary, the approxi-
mately 45,493 acres of land generally depicted on the map 
entitled ‘‘Wilderness additions to Izembek and Alaska Pe-
ninsula Wildlife Refuges’’ and dated June 2007, shall be 
designated as wilderness. 
(g) ADMINISTRATION.—The Secretary shall admin-
ister the non-Federal land acquired under this Act— 
(1) in accordance with the laws generally appli-
cable to units of the National Refuge System; 
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(2) as wilderness, in accordance with the Alaska 
National Interest Lands Conservation Act (16 
U.S.C. 3101 et seq.); and 
(3) subject to valid existing rights. 
Æ 
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