,,ii #aadth ,,congress #ast ,session ,s4 #acaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ac1 #bjae,ms4 ,murkowski introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide for the retention and future use of certain land in ,point ,spencer1 ,alaska1 to support the mission of the ,coast ,guard1 to convey certain land in ,point ,spencer to the ,bering ,straits ,native ,corporation1 to convey certain land in ,point ,spencer to the ,state of ,alaska1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,point ,spencer ,land ,conveyance ,act4 #b4 ,findings ,congress finds as follows3 7#a7 ,major shipping traffic is increasing through the ,bering ,strait1 the ,bering and ,chukchi ,seas1 and the ,arctic ,ocean and will continue to increase whether or not development of the outer ,continental ,shelf of the ,united ,states is undertaken in the future and will increase further if such outer ,continental ,shelf development is undertaken4 7#b7 ,there is a compelling national1 ,state1 ,alaska ,native1 and private sector need for permanent infrastructure development and for a presence in the ,arctic region of ,alaska by appropriate agencies of the ,federal ,government1 particularly in proximity to the ,bering ,strait1 to support and facilitate search and rescue1 shipping safety1 economic development1 oil spill prevention and response1 protection of ,alaska ,native archaeological and cultural resources1 port of refuge1 ,arctic research1 and maritime law enforcement on the ,bering ,sea1 the ,chukchi ,sea1 and the ,arctic ,ocean4 7#c7 ,the ,united ,states owns a parcel of land1 known as ,point ,spencer1 located between the ,bering ,strait and ,port ,clarence and adjacent to some of the best potential deepwater port sites on the coast of ,alaska in the ,arctic4 7#d7 ,prudent and effective use of ,point ,spencer may be best achieved through marshaling the energy1 resources1 and leadership of the public and private sectors4 7#e7 ,it is in the national interest to develop infrastructure at ,point ,spencer that would aid the ,coast ,guard in performing its statutory duties and functions in the ,arctic on a more permanent basis and to allow for public and private sector development of facilities and other infrastructure to support purposes that are of benefit to the ,united ,states4 #c4 ,definitions ,in this ,act3 7#a7 ,arctic ,the term ,arctic has the meaning given that term in section #aab of the ,arctic ,research and ,policy ,act of #aihd 7#ae ,u4,s4,c4 #daaa74 7#b7 ,,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 #afjf74 7#c7 ,council ,the term ,council means the ,port ,coordination ,advisory ,council established under section #e7;a74 7#d7 ,plan ,the term ,plan means the ,port ,management ,coordination ,plan developed under section #e7;c74 7#e7 ,point ,spencer ,the term ,point ,spencer means the land known as ,point ,spencer located between the ,bering ,strait and ,port ,clarence and withdrawn by ,public ,land ,order #bfej 7published in the ,federal ,register on ,april #ab1 #aifb71 and located in ,townships #b1 #c1 and #d ,south1 ,range #dj ,west1 ,kateel ,river ,meridian1 ,alaska4 7#f7 ,secretary ,except as otherwise specifically provided1 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 ,tract ,the term ,tract means ,tract #a1 ,tract #b1 ,tract #c1 ,tract #d1 ,tract #e1 or ,tract #f1 as appropriate4 7#i7 ,tracts #a1 #b1 #c1 #d1 #e1 and #f ,the terms ,tract #a1 ,tract #b1 ,tract #c1 ,tract #d1 ,tract #e1 and ,tract #f each mean the land generally depicted as ,tract #a1 ,tract #b1 ,tract #c1 ,tract #d1 ,tract #e1 or ,tract #f1 respectively1 and generally depicted as such ,tract on the map entitled the ,point ,spencer ,land ,retention and ,conveyance ,map1 dated ,january #bjae1 and on file with the ,department of ,homeland ,security and the ,department of the ,interior4 #d4 ,authority to convey land in ,point ,spencer 7a7 ,authority ,to convey ,tracts #a1 #c1 and #d ,the ,secretary of the ,interior shall convey1 subject to valid existing rights1 all right1 title1 and interest of the ,united ,states in and to the surface and subsurface estates of ,tract #a1 ,tract #c1 and ,tract #d in accordance with subsection 7d7 if the ,secretary notifies the ,secretary of the ,interior that the ,coast ,guard no longer needs to retain jurisdiction over any portion of ,tract #a1 ,tract #c1 or ,tract #d and the requirements of subsection 7f7 are met for each such ,tract to be conveyed4 7b7 ,authority ,to convey ,tracts #b and #e ,the ,secretary of the ,interior shall convey1 subject to valid existing rights1 all right1 title1 and interest of the ,united ,states in and to the surface and subsurface estates of ,tract #b and ,tract #e in accordance with subsection 7d7 if the requirements of subsection 7f7 are met for each such ,tract to be conveyed4 7c7 ,authority ,to transfer ,tract #f ,the ,secretary of the ,interior shall convey1 subject to valid existing rights1 all right1 title1 and interest of the ,united ,states in and to the surface and subsurface estates of ,tract #f in accordance with subsection 7e7 if the requirements of subsection 7f7 are met4 7d7 ,order of offer ,to convey ,tract #a1 #b1 #c1 #d1 or #e 7#a7 ,determination and offer 7,a7 ,tract #a1 #c1 or #d ,if the ,secretary makes the determination under subsection 7a7 and the requirements of subsection 7f7 are met for ,tract #a1 #c1 or #d1 or a portion of such ,tract1 the ,secretary of the ,interior shall offer such ,tract or portion of such ,tract for conveyance to ,,bsnc under the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq474 7,b7 ,tract #b or #e ,if the requirements of subsection 7f7 are met for ,tract #b or ,tract #e1 the ,secretary of the ,interior shall offer such ,tract for conveyance to ,,bsnc under the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq474 7#b7 ,offer to ,,bsnc 7,a7 ,acceptance by ,,bsnc ,if ,,bsnc chooses to accept an offer of conveyance of a ,tract under paragraph 7#a71 the ,secretary of the ,interior shall consider such ,tract as within ,,bsnc's entitlement under section #ad7;h77#h7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afac7;h77#h77 and shall convey such ,tract to ,,bsnc4 7,b7 ,decline by ,,bsnc ,if ,,bsnc declines to accept an offer of conveyance of a ,tract under paragraph 7#a71 the ,secretary of the ,interior shall offer such ,tract for conveyance to the ,state under the ,act of ,july #g1 #aieh 7commonly known as the ,alaska ,statehood ,act7 7#dh ,u4,s4,c4 note prec4 #ba2 ,public ,law #he-ejh74 7#c7 ,offer to ,state 7,a7 ,acceptance by ,state ,if the ,state chooses to accept an offer of conveyance of a ,tract under paragraph 7#b77;,b71 the ,secretary of the ,interior shall consider such ,tract as within the ,state's entitlement under the ,act of ,july #g1 #aieh 7commonly known as the 8,alaska ,statehood ,act07 7#dh ,u4,s4,c4 note prec4 #ba2 ,public ,law #he-ejh7 and shall convey such ,tract to the ,state4 7,b7 ,decline by ,state ,if the ,state declines to accept an offer of conveyance of a ,tract offered under paragraph 7#b77;,b71 such ,tract shall be disposed of pursuant to applicable public land laws4 7e7 ,order of offer ,to convey ,tract #f 7#a7 ,offer ,if the requirements under subsection 7f7 are met for ,tract #f1 the ,secretary of the ,interior shall offer such ,tract for conveyance to the ,state4 7#b7 ,offer to ,state 7,a7 ,acceptance by ,state ,if the ,state chooses to accept an offer of conveyance of ,tract #f under paragraph 7#a71 the ,secretary of the ,interior shall consider ,tract #f as within the ,state's entitlement under the ,act of ,july #g1 #aieh 7commonly known as the 8,alaska ,statehood ,act07 7#dh ,u4,s4,c4 note prec4 #ba2 ,public ,law #he-ejh7 and shall convey ,tract #f to the ,state4 7,b7 ,decline by ,state ,if the ,state declines to accept an offer of conveyance of ,tract #f under paragraph 7#a71 the ,secretary of the ,interior shall offer ,tract #f for conveyance to ,,bsnc under the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq474 7#c7 ,offer to ,,bsnc 7,a7 ,acceptance by ,,bsnc 7i7 ,in general ,subject to clause 7ii71 if ,,bsnc chooses to accept an offer of conveyance of ,tract #f under paragraph 7#b77;,b71 the ,secretary of the ,interior shall consider ,tract #f as within ,,bsnc's entitlement under section #ad7;h77#h7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afac7;h77#h77 and shall convey ,tract #f to ,,bsnc4 7ii7 ,lease by the ,state ,the conveyance of ,tract #f to ,,bsnc shall be subject to ,,bsnc negotiating a lease of ,tract #f to the ,state at no cost to the ,state1 if the ,state requests such a lease4 7,b7 ,decline by ,,bsnc ,if ,,bsnc declines to accept an offer of conveyance of ,tract #f under paragraph 7#b77;,b71 the ,secretary of the ,interior shall dispose of ,tract #f pursuant to the applicable public land laws4 7f7 ,terms of conveyance 7#a7 ,environmental compliance 7,a7 ,tract #a1 #b1 #c1 #d1 #e1 or #f 7i7 ,in general ,the ,secretary of the ,interior shall not convey ,tract #a1 ,tract #b1 ,tract #c1 ,tract #d1 ,tract #e1 or ,tract #f under this section until-- 7,i7 the ,secretary certifies that the applicable requirements under section #abj7;h7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;h77 and other applicable environmental laws have been satisfied for land in such ,tract2 or 7,,ii7 the ,board of ,directors of ,,bsnc adopts and submits to the ,secretary of the ,interior a resolution stating that ,,bsnc is willing to accept ,tract #a1 ,tract #b1 ,tract #c1 ,tract #d1 ,tract #e1 or ,tract #f1 as appropriate1 as is at the time of such conveyance1 based on known contamination4 7ii7 ,as is ,in this subparagraph1 the term as is means the physical condition of ,tract #a1 ,tract #b1 ,tract #c1 ,tract #d1 ,tract #e1 or ,tract #f1 as appropriate1 at the time of the conveyance of such ,tract1 including with respect to any known contamination by hazardous materials or substances4 7,b7 ,land to be conveyed to the ,state or ,,bsnc 7i7 ,environmental compliance ,to the extent cleanup and remediation of hazardous substances on land in a ,tract to be conveyed to the ,state or to ,,bsnc are required by existing law1 all environmental compliance activities pursuant to section #abj7;h7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;h77 and other applicable environmental laws shall be satisfied4 7ii7 ,monitoring of known contamination ,notwithstanding section #abj7;h7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj and other applicable environmental laws1 any known contamination in a ,tract to be conveyed that does not pose an immediate or long-term health or environmental risk may be routinely monitored and managed by the ,state or ,,bsnc1 as applicable1 through institutional controls in accordance with the laws of the ,state4 7iii7 ,later found contamination ,if preexisting contamination from hazardous materials and substances are found to be present in a ,tract after the date the ,tract is conveyed to the ,state or ,,bsnc1 responsibility for cleanup and remediation of such contamination shall continue to be governed by section #abj7;h77#c7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;h77#c771 applicable provisions of chapter #ai of title #ad1 ,united ,states ,code1 and applicable laws of the ,state4 7,c7 ,land to be retained by the ,coast ,guard ,with respect to land in ,tract #a1 ,tract #c1 or ,tract #d to be retained by the ,coast ,guard1 nothing in this section may be construed to limit the obligation of the ,coast ,guard to comply with applicable environmental law1 including section #abj7;h7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;h774 7#b7 ,airstrip use 7,a7 ,use by coast guard ,all conveyances under this section shall be subject to-- 7i7 an easement granting unlimited use of all existing and future landing pads1 airstrips1 runways1 and taxiways that are located on such ,tract conveyed1 at no cost to the ,coast ,guard2 and 7ii7 the right to access such landing pads1 airstrips1 runways1 and taxiways1 at no cost to the ,coast ,guard4 7,b7 ,use by ,state 7i7 ,in general ,for any ,tract conveyed to ,,bsnc under this section1 ,,bsnc shall provide to the ,state1 if requested and pursuant to negotiated terms with the ,state1 for no compensation-- 7,i7 an easement over all existing and future airstrips1 runways1 and taxiways located on such ,tract2 and 7,,ii7 a right of access to and from such airstrips1 runways1 and taxiways4 7ii7 ,right of access ,if the ,state requests a right of access for a road from the airstrip to the southern tip of ,point ,spencer1 the location of such right of access shall be determined by the ,state1 in consultation with the ,secretary and ,,bsnc1 so that such access is compatible with other existing or planned infrastructure development at ,point ,spencer4 7#c7 ,relationship to ,public ,land ,order #bfej 7,a7 ,tracts not conveyed ,any ,tract that is not conveyed under this section shall remain withdrawn pursuant to ,public ,land ,order #bfej 7published in the ,federal ,register on ,april #ab1 #aifb74 7,b7 ,tracts conveyed ,for any ,tract conveyed under this section1 ,public ,land ,order #bfej shall automatically terminate upon issuance of a conveyance document for such ,tract4 7#d7 ,archeological and cultural resources ,conveyance of any ,tract under this section shall not affect criminal jurisdiction and responsibilities regarding the potential theft or vandalism of archeological or cultural resources located in or on such tracts4 7#e7 ,personal property 7,a7 ,cash sales authorized ,the ,secretary of ,homeland ,security is authorized to make cash sales of personal property that is located on ,tract #d to ,,bsnc or to the ,state4 7,b7 ,value ,the total value of the personal property referred to in subparagraph 7,a7 shall be deemed to be #e1ehj1jjj4 7,c7 ,proceeds ,pursuant to section #eei of the ,department of ,homeland ,security ,appropriations ,act1 #bjaj 7,public ,law #aaa-hc71 the proceeds from the sale of the personal property referred to in subparagraph 7,a7-- 7i7 shall be deposited as offsetting collections into the ,coast ,guard ,environmental ,compliance and ,restoration ,account2 7ii7 shall be available without further appropriation for environmental compliance and restoration activities associated with any tract conveyed or to be conveyed under this ,act2 and 7iii7 shall remain available until expended4 7,d7 ,unexpended balances ,if unexpended balances remain in the ,coast ,guard ,environmental ,compliance and ,restoration ,account after the completion of the activities described in subparagraph 7,c77ii71 such balances may be expended for any other environmental compliance and restoration activities of the ,coast ,guard4 7g7 ,maps and legal descriptions 7#a7 ,preparation of maps and legal description ,as soon as practicable after the date of the enactment of this ,act1 the ,secretary of the ,interior shall prepare maps and legal descriptions of ,tract #a1 ,tract #b1 ,tract #c1 ,tract #d1 ,tract #e1 and ,tract #f4 ,in doing so1 the ,secretary of the ,interior may use metes and bounds legal descriptions based upon the official survey plats of ,point ,spencer accepted on ,december #f1 #aigh4 7#b7 ,legal effect ,the maps and legal descriptions shall have the same force and effect as if the maps and legal descriptions were included in this ,act1 except that the ,secretary of the ,interior may correct any clerical and typographical errors in the maps and legal descriptions4 7#c7 ,availability ,copies of the maps and legal descriptions shall be available for public inspection in the appropriate offices of-- 7,a7 the ,bureau of ,land ,management2 and 7,b7 the ,united ,states ,coast ,guard4 7#d7 ,survey ,not later than #e years after the date of the enactment of this ,act1 the ,secretary of the ,interior shall survey ,tracts conveyed and patent the ,tracts in accordance with the official plats of survey4 7h7 ,public access easements ,no public access easements may 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 this ,act4 #e4 ,port ,coordination ,advisory ,council for ,point ,spencer 7a7 ,establishment ,there is established the ,port ,coordination ,advisory ,council for the ,port of ,point ,spencer4 7b7 ,membership ,the ,council shall consist of a representative appointed by each of the following3 7#a7 ,the ,state4 7#b7 ,,bsnc4 7c7 ,duties ,the duties of the ,council are as follows3 7#a7 ,to develop a ,port ,management ,coordination ,plan to help coordinate infrastructure development and operations at the ,port of ,point ,spencer1 that includes plans for-- 7,a7 construction2 7,b7 funding eligibility2 7,c7 land use planning and development2 and 7,d7 public interest use and access1 emergency preparedness1 law enforcement1 protection of ,alaska ,native archaeological and cultural resources1 and other matters that are necessary for public and private entities to function in proximity together in a remote location4 7#b7 ,update the ,plan annually for the first #e years after the date of the enactment of this ,act and biennially thereafter4 7#c7 ,facilitate coordination among stakeholders at ,point ,spencer1 including the ,coast ,guard1 on the development and use of the land and coastline as such development relates to activities at the ,port of ,point ,spencer4 7#d7 ,assess the need1 benefits1 efficacy1 and desirability of establishing in the future a port authority at ,point ,spencer under ,state law and act upon that assessment1 as appropriate1 including taking steps for the potential formation of such a port authority4 7d7 ,plan ,the ,plan shall be developed and implemented by the ,council in such a manner so as to facilitate and support1 and not interfere with nor impede1 the statutory missions1 duties1 and operations of the ,coast ,guard in the ,arctic4 7e7 ,costs ,operations and management costs for airstrips1 runways1 and taxiways at ,point ,spencer shall be determined pursuant to provisions of the ,plan1 as negotiated by the ,council4 #f4 ,waiver ,section #bbi of the ,howard ,coble ,coast ,guard and ,maritime ,transportation ,act of #bjad 7,public ,law #aac-bha2 #abh ,stat4 #cjdj7 shall not be construed to prohibit any transfer or conveyance of lands under to this ,act or any actions that involve the dismantling or disposal of infrastructure that supported the former ,,loran system that are associated with the transfer or conveyance of lands under this ,act4