Text: S.101 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in Senate (01/11/2017)

 
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 101 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 101

  To provide for the exchange of Federal land and non-Federal land in 
 the State of Alaska for the construction of a road between King Cove 
                             and Cold Bay.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 11, 2017

 Ms. Murkowski (for herself and Mr. Sullivan) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for the exchange of Federal land and non-Federal land in 
 the State of Alaska for the construction of a road between King Cove 
                             and Cold Bay.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``King Cove Road Land Exchange Act''.

SEC. 2. FINDING.

    Congress finds that the land exchange required under this Act 
(including the designation of the road corridor and the construction of 
the road along the road corridor) is in the public interest.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Federal land.--
                    (A) In general.--The term ``Federal land'' means 
                the approximately 206 acres of Federal land located 
                within the Refuge as depicted on the map entitled 
                ``Project Area Map'' and dated September 2012.
                    (B) Inclusion.--The term ``Federal land'' includes 
                the 131 acres of Federal land in the Wilderness, which 
                shall be used for the road corridor along which the 
                road is to be constructed in accordance with section 
                4(b)(2).
            (2) Non-federal land.--The term ``non-Federal land'' means 
        the approximately 43,093 acres of land owned by the State as 
        depicted on the map entitled ``Project Area Map'' and dated 
        September 2012.
            (3) Refuge.--The term ``Refuge'' means the Izembek National 
        Wildlife Refuge in the State.
            (4) Road corridor.--The term ``road corridor'' means the 
        road corridor designated under section 4(b)(1).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Alaska.
            (7) Wilderness.--The term ``Wilderness'' means the Izembek 
        Wilderness designated by section 702(6) of the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 1132 note; Public 
        Law 96-487).

SEC. 4. LAND EXCHANGE REQUIRED.

    (a) In General.--If the State offers to convey to the Secretary all 
right, title, and interest of the State in and to the non-Federal land, 
the Secretary shall convey to the State all right, title, and interest 
of the United States in and to the Federal land.
    (b) Use of Federal Land.--The Federal land shall be conveyed to the 
State for the purposes of--
            (1) designating a road corridor through the Refuge; and
            (2) constructing a single-lane gravel road along the road 
        corridor subject to the requirements in section 6.
    (c) Valuation, Appraisals, and Equalization.--
            (1) In general.--The value of the Federal land and the non-
        Federal land to be exchanged under this section--
                    (A) shall be equal, as determined by appraisals 
                conducted in accordance with paragraph (2); or
                    (B) if not equal, shall be equalized in accordance 
                with paragraph (3).
            (2) Appraisals.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary and State 
                shall select an appraiser to conduct appraisals of the 
                Federal land and non-Federal land.
                    (B) Requirements.--The appraisals required under 
                subparagraph (A) shall be conducted in accordance with 
                nationally recognized appraisal standards, including--
                            (i) the Uniform Appraisal Standards for 
                        Federal Land Acquisitions; and
                            (ii) the Uniform Standards of Professional 
                        Appraisal Practice.
            (3) Equalization.--
                    (A) Surplus of federal land.--If the final 
                appraised value of the Federal land exceeds the final 
                appraised value of the non-Federal land to be conveyed 
                under the land exchange under this section, the value 
                of the Federal land and non-Federal land shall be 
                equalized--
                            (i) by conveying additional non-Federal 
                        land in the State to the Secretary, subject to 
                        the approval of the Secretary;
                            (ii) by the State making a cash payment to 
                        the United States; or
                            (iii) by using a combination of the methods 
                        described in clauses (i) and (ii).
                    (B) Surplus of non-federal land.--If the final 
                appraised value of the non-Federal land exceeds the 
                final appraised value of the Federal land to be 
                conveyed under the land exchange under this section, 
                the value of the Federal land and non-Federal land 
                shall be equalized by the State adjusting the acreage 
                of the non-Federal land to be conveyed.
                    (C) Amount of payment.--Notwithstanding section 
                206(b) of the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1716(b)), the Secretary may accept a 
                payment under subparagraph (A)(ii) in excess of 25 
                percent of the value of the Federal land conveyed.
    (d) Administration.--On completion of the exchange of Federal land 
and non-Federal land under this section--
            (1) the boundary of the Wilderness shall be modified to 
        exclude the Federal land; and
            (2) the non-Federal land shall be--
                    (A) added to the Wilderness; and
                    (B) administered in accordance with--
                            (i) the Wilderness Act (16 U.S.C. 1131 et 
                        seq.); and
                            (ii) other applicable laws.
    (e) Deadline.--The land exchange under this section shall be 
completed not later than 180 days after the date of enactment of this 
Act.

SEC. 5. ROUTE OF ROAD CORRIDOR.

    The route of the road corridor shall follow the southern road 
alignment as described in the alternative entitled ``Alternative 2-Land 
Exchange and Southern Road Alignment'' in the final environmental 
impact statement entitled ``Izembek National Wildlife Refuge Land 
Exchange/Road Corridor Final Environmental Impact Statement'' and dated 
February 5, 2013.

SEC. 6. REQUIREMENTS RELATING TO ROAD.

    The requirements relating to usage, barrier cables, and dimensions 
and the limitation on support facilities under subsections (a) and (b) 
of section 6403 of the Omnibus Public Land Management Act of 2009 
(Public Law 111-11; 123 Stat. 1180) shall apply to the road constructed 
in the road corridor.

SEC. 7. EFFECT.

    The exchange of Federal land and non-Federal land and the road to 
be constructed under this Act (including the issuance of any permit 
that may be required from any Federal agency to construct the road) 
shall not constitute a major Federal action for purposes of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
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