,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dffh ,,in ,,the ,,house ,,of ,,representatives ,may #ae1 #bjad ,mr4 ,young of ,alaska 7for himself and ,mr4 ,hunter7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 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 ,alaska1 to support the statutory missions and duties of the ,coast ,guard1 to convey certain land on ,point ,spencer to the ,bering ,straits ,native ,corporation1 to convey certain land on ,point ,spencer to the ,state of ,alaska1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,point ,spencer ,coast ,guard and ,public-,private ,sector ,infrastructure ,development ,facilitation and ,land ,conveyance ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,,bsnc ,the term ,,bsnc means the ,bering ,straits ,native ,corporation authorized under section #g of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjf7 to represent and manage land and resources from the settlement of aboriginal claims of indigenous ,alaska ,natives in the ,bering ,strait region of the ,state1 including ,inupiat1 ,yup'ik1 and ,siberian ,yupik peoples4 7#b7 ,governor ,the term ,governor means ,governor of the ,state of ,alaska4 7#c7 ,point spencer map or map ,the term ,point ,spencer ,map or ,map means the map entitled the ,point ,spencer ,land ,conveyance ,map dated ,april #bjad1 and on file with the ,department of ,homeland ,security 7the department in which the ,coast ,guard is operating7 and the ,department of the ,interior4 7#d7 ,point spencer parcel or parcel ,the term ,point ,spencer ,parcel or ,parcel means the approximately #b1fdh acres of land at ,point ,spencer withdrawn by the ,public ,land ,order4 ,the ,point ,spencer ,parcel is located in ,townships #b1 #c1 and #d ,south1 ,range #dj ,west1 ,kateel ,river ,meridian1 ,alaska4 7#e7 ,public land order ,the term ,public ,land ,order means ,public ,land ,order #bfej published in the ,federal ,register on ,april #ab1 #aifb4 7#f7 ,secretary ,the term ,secretary means the ,secretary of the department in which the ,coast ,guard is operating4 7#g7 ,state ,the term ,state means the ,state of ,alaska4 7#h7 ,public aircraft ,the term ,public ,aircraft means any aircraft owned by1 operated by1 or chartered by the ,united ,states1 or owned1 operated1 or chartered by a contractor of the ,united ,states for the performance of a ,federal contract on or from ,point ,spencer4 #c4 ,purposes ,the purposes of this ,act are3 7#a7 ,to designate lands at ,point ,spencer that are to be-- 7,a7 retained by the ,coast ,guard2 7,b7 conveyed to1 or leased by1 the ,state of ,alaska2 and 7,c7 conveyed to the ,,bsnc4 7#b7 ,to provide for a reasonable1 pragmatic1 equitable1 and workable way to balance ,federal1 ,state1 ,,bsnc and other private sector interests in the decommissioned and vacated former ,,loran station located on the ,point ,spencer ,parcel4 7#c7 ,to provide a means for future uses of ,point ,spencer by ,federal1 ,state1 and private sector stakeholders for a variety of tasks and missions1 including1 but not limited to1 search and rescue1 shipping safety1 economic development1 oil spill prevention and response1 protection of ,alaska ,native items of antiquity1 port of refuge1 arctic research1 maritime law enforcement on the ,bering ,sea1 the ,chukchi ,sea1 and the ,arctic ,ocean1 and related uses4 7#d7 ,to require the development of a ,joint ,management ,plan for the lands retained1 conveyed1 or leased under this ,act by the ,coast ,guard1 the ,state1 and the ,,bsnc4 #d4 ,retention and conveyance of land 7a7 ,land for use by the ,coast ,guard 7#a7 ,in general ,notwithstanding any other provision of law and subject to valid existing rights1 tracts #a1 #c1 and #d1 as depicted on the ,map1 shall remain withdrawn pursuant to the ,public ,land ,order for use by and under the jurisdiction of the ,coast ,guard unless and until the ,secretary determines that-- 7,a7 except as provided in paragraph 7#b71 the ,coast ,guard no longer needs to retain jurisdiction over any portion of tract #a1 #c1 or #d2 and 7,b7 all land from tract #a1 #c1 or #d as identified in subparagraph 7,a7 has been remediated to meet the standards for industrial land developed by the ,alaska ,department of ,environmental ,conservation4 7#b7 ,potential conveyance to ,,bsnc and lease back to the ,coast ,guard 7,a7 ,the ,secretary shall notify the ,secretary of the ,interior of any determination made under paragraph 7#a74 7,b7 ,upon notification under subparagraph 7,a71 the ,secretary of the ,interior shall then convey lands for which a determination has been made under paragraph 7#a7 to the ,,bsnc4 7,c7 ,lands conveyed to the ,,bsnc under subparagraph 7,b71 upon a request of the ,secretary1 shall be leased to the ,coast ,guard at no cost under existing law and shall be charged against the remaining entitlement of the ,,bsnc under section #ad7;h77#h7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afac7;h77#h77 as set forth in section #d7;d77#a77;,b74 7#c7 ,airstrip rights ,notwithstanding paragraph 7#b71 the ,secretary shall retain an easement over all existing and future airstrips1 runways1 and taxiways1 located on tract #b authorizing the use of such airstrips1 runways and taxiways by ,public ,aircraft at no cost4 7b7 ,conveyance or lease to the ,state of tract #b and tract #f 7#a7 ,in general 7,a7 ,the ,state may choose to receive conveyance of the surface and subsurface estates of tract #b and tract #f1 or1 in lieu of a conveyance of such lands1 may lease tract #b and tract #f at no cost from the ,,bsnc after conveyance of tract #b and tract #f to the ,,bsnc by the ,secretary of the ,interior4 7,b7 ,the ,state shall notify the ,secretary of the ,interior of its choice made under subparagraph 7,a7 in writing4 ,such notification by the ,state shall be deemed to constitute relinquishment of the ,state's selection of lands in tract #b and tract #f and agreement that the ,secretary of the ,interior shall convey such land to the ,,bsnc4 7,c7 ,notwithstanding any other provision of law1 and subject to valid existing rights1 upon completion of all applicable conditions required under subsection 7d71 and if the ,state chooses to receive conveyance of tract #b and tract #f under subparagraph 7,a71 the ,secretary of the ,interior shall convey to the ,state all right1 title1 and interest of the ,united ,states in and to the surface and subsurface estates of tract #b and tract #f1 as depicted on the ,point ,spencer ,map4 ,the conveyance of such estates comprising tract #b and tract #f shall be charged against the ,state's entitlement under the ,statehood ,act 7the ,alaska ,statehood ,act of ,july #g1 #aieh 7,public ,law #he-ejh2 #gb ,stat4 #cci1 as amended774 7,d7 ,if the ,state chooses under subparagraph 7,a7 to lease lands in tract #b and tract #f1 such lands shall be conveyed by the ,secretary of the ,interior under the ,alaska ,native ,claims ,settlement ,act to the ,,bsnc4 ,the ,,bsnc shall then lease such lands to the ,state at no cost to the ,state4 7,e7 ,the ,,bsnc shall have the right to use all existing and future airstrips1 runways or and taxiways located on tract #b for access to and from the ,parcel1 provided1 however1 that the ,state may charge the ,,bsnc and other private sector entities that use such airstrips usual and customary landing fees or related services for similar locations elsewhere in ,alaska to help defray maintenance and administrative costs associated with the operation of the airstrip4 7#b7 ,right-of-way to and from airstrip 7,a7 ,in general ,notwithstanding any conveyance made under this ,act1 if requested by the ,state1 the ,secretary of the ,interior shall provide to the ,state over the lands to be conveyed to the ,,bsnc and those retained by the ,coast ,guard1 a right-of-way at no cost for a road from the airstrip in tract #b1 as depicted on the ,point ,spencer ,map1 to the southern tip of the ,parcel4 7,b7 ,location ,if the ,state determines to exercise its right to the right-of-way in subparagraph 7,a71 the location of such right-of-way shall be determined by the ,state1 in consultation with the ,coast ,guard and the ,,bsnc so that the road will be compatible with other existing or planned infrastructure development on ,point ,spencer in accordance with the ,joint ,management ,plan4 7c7 ,conveyance to the ,,bsnc of tract #e 7#a7 ,in general ,notwithstanding any other provision of law1 and subject to valid existing rights and the provisions of paragraph 7#b71 upon completion of all applicable conditions precedent required under subsection 7d71 and certification that any necessary clean-up and remediation of tract #e has been completed to the standards set out in subsection 7e77#b71 or that the ,,bsnc has indicated by a resolution of its ,board of ,directors submitted to the ,secretary of the ,interior before conveyance that it is willing to accept tract #e as is at the time of such conveyance1 the ,secretary of the ,interior shall convey to the ,,bsnc all right1 title1 and interest of the ,united ,states in and to the surface and subsurface estates of tract #e1 as depicted on the ,point ,spencer ,map4 ,the conveyance of tract #e to the ,,bsnc shall reserve to the ,united ,states the provisions set out in paragraph 7#d74 7#b7 ,airspace easement ,the ,state1 ,coast ,guard1 and the ,,bsnc shall negotiate an airspace easement bordering the airstrip over land retained by the ,coast ,guard and over land conveyed to the ,,bsnc as reasonable and necessary for safety and air operations4 ,the ,state1 ,coast ,guard1 and the ,,bsnc shall notify the ,secretary of the ,interior upon completion of such negotiations regarding the land in tract #b and tract #e that shall be subject to the airspace easement4 7#c7 ,public access easement ,no public access easements shall be reserved to the ,united ,states under section #ag7;b7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afaf7;b77 with respect to the land conveyed under paragraph 7#a7 or subsequent conveyances under section #d7;a77#a7 7,a7 and 7,b74 7#d7 ,archaeological and cultural resources 7,a7 ,in general ,except as provided in subparagraph 7,b71 with respect to any archaeological resources contained in the land conveyed under paragraph 7#a7 7tract #e71 the ,united ,states shall retain1 until otherwise notified under subparagraph 7,b71 the authority and responsibility to enforce-- 7i7 the ,archaeological ,resources ,protection ,act of #aigi 7#af ,u4,s4,c4 #dgj;aa et seq472 7ii7 the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq472 and 7iii7 the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja et seq474 7,b7 ,notification 7i7 ,in general ,not later than #bgj days after the date of the enactment of this ,act1 the ,,bsnc shall submit to the ,secretary of the ,interior a map that indicates the areas of tract #e over which the ,secretary of the ,interior shall continue to retain the authority to enforce the ,acts listed in subparagraph 7,a74 7ii7 ,enforcement after notification ,on receipt of the map described in clause 7i7-- 7,i7 the ,secretary of the ,interior shall cease enforcing any of the ,acts listed in subparagraph 7,a7 on land located in tract #e but outside of the areas described in subparagraph 7,b77i72 and 7,,ii7 any future enforcement outside of the areas described in subparagraph 7,b77i7 shall be conducted in accordance with the ,acts listed in subparagraph 7,a74 7d7 ,conditions precedent to conveyance 7#a7 ,bering straits native corporation ,not later than #abj days after the date of enactment of this ,act1 with respect to any land leased under subsection 7a77#b71 7b7 or conveyed under subsection 7c7 to ,,bsnc1 ,,bsnc shall provide to the ,secretary of the ,interior1 acting through the ,alaska ,state ,director of the ,bureau of ,land ,management1 a corporate resolution adopted by the ,board of ,directors of the ,,bsnc-- 7,a7 accepting the conveyance of any portions of tract #a1 #b1 #c1 #d1 #e1 or #f1 as depicted on the ,point ,spencer ,map1 under this section2 7,b7 agreeing that the conveyances made pursuant to this ,act will be charged against the remaining entitlement of the ,,bsnc under section #ad7;h77#h7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afac7;h77#h77 for a total of #b1cbj acres1 including any portion of tract #a1 #b1 #c1 #d1 or #f1 as depicted on the ,map1 irrespective of the date of conveyance2 and 7,c7 waiving the survey requirement of section #ac of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afab71 as to the land conveyed to the ,,bsnc under subsection 7c7 or otherwise pursuant to this ,act4 7#b7 ,state ,not later than #abj days after the date of the enactment of this ,act and as a condition precedent to any land conveyed under this section1 the ,governor shall submit to the ,secretary of the ,interior1 acting through the ,alaska ,state ,director of the ,bureau of ,land ,management1 a statement-- 7,a7 accepting the option for conveyance of tract #b and tract #f as depicted on the ,map or choosing to lease tract #b and tract #f pursuant to subsection 7b77#a7 of this section2 7,b7 relinquishing selection applications ,f-#dddfg and ,f-#hicic as to those lands to be conveyed to ,,bsnc acknowledging that such relinquishment shall become effective upon conveyance of any or all of tracts #a through #f irrespective of the dates of such conveyances2 7,c7 agreeing that if the conveyance option to the ,state under subsection 7b7 is chosen1 such conveyance will be charged against the remaining entitlement of the ,state under section #f7;b7 of the ,act of ,july #g1 #aieh 7commonly known as the ,alaska ,statehood ,act 7,public ,law #he-ejh2 #gb ,stat4 #cci1 as amended771 for a total of #ahj acres2 and 7,d7 waiving the survey requirement of section #f7;g7 of that ,act as to the land conveyed under subsection 7b74 7e7 ,administrative 7#a7 ,in general ,on the dates on which the conveyances under this section are complete-- 7,a7 the portion of the ,parcel conveyed to the ,,bsnc shall be charged against the remaining entitlement of the ,,bsnc under section #ad7;h77#h7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afac7;h77#h77 and be considered a conveyance under that ,act2 and 7,b7 the portion of the ,parcel conveyed to the ,state shall be charged against the remaining entitlement of the ,state under section #f7;b7 of the ,act of ,july #g1 #aieh 7commonly known as the ,alaska ,statehood ,act 7,public ,law #he-ejh2 #gb ,stat4 #cci1 as amended771 and be considered a conveyance under that ,act4 7#b7 ,clean-up and remediation ,to the extent cleanup and remediation of hazardous materials on any tract of the ,point ,spencer ,parcel is required by law1 and notwithstanding any other provision of law-- 7,a7 clean-up and remediation shall be performed in accordance with the ,state of ,alaska ,department of ,environmental ,conservation standards for land used for industrial purposes2 and 7,b7 notwithstanding subparagraph 7,a71 any known contamination that does not pose any immediate or long-term health risk shall be routinely monitored through institutional controls4 7#c7 ,tidelands and submerged lands 7,a7 ,ownership of the tidelands and submerged lands adjacent to ,point ,spencer were presumptively conveyed to the ,state of ,alaska as provided by the ,submerged ,lands ,act of #aiec1 as amended1 and made applicable to the ,state of ,alaska under section #f7m7 of the ,alaska ,statehood ,act1 #gb ,stat4 #cdc 7#aieh74 7,b7 ,the ,secretary is authorized to exercise the dominant ,federal ,navigational ,servitude to install temporary or permanent structures at no cost in or on the tidelands and submerged lands of ,point ,spencer1 including1 but not limited to1 mooring buoy sinkers1 temporary or permanent piers1 docks1 or wharves4 7,c7 ,nothing in this ,act alters the existing ownership by the ,state of tidelands and submerged lands under existing ,state of ,alaska and ,federal law4 7#d7 ,joint management plan 7,a7 ,the ,secretary1 the ,state1 and the ,,bsnc shall develop a ,joint ,management ,plan for the use and management of the lands retained1 conveyed or leased under this ,act4 7,b7 ,the ,joint ,management ,plan shall be updated annually for the first #e years and biennially thereafter4