Pub. L. 111-11, tit. VI, subtit. E, sec. 6402

LAND EXCHANGE.

EnactedYear: 2009Length: 634 wordsOfficial source
SEC. 6402. LAND EXCHANGE.(a) In General.—Upon receipt of notification by the State and the Corporation of the intention of the State and the Corporation to exchange the non-Federal land for the Federal land, subject to the conditions and requirements described in this subtitle, the Secretary may convey to the State all right, title, and interest of the United States in and to the Federal land. The Federal land within the Refuge shall be transferred for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska.(b) Compliance With National Environmental Policy Act of 1969 and Other Applicable Laws.—(1) In general.—In determining whether to carry out the land exchange under subsection (a), the Secretary shall—(A) comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and(B) except as provided in subsection (c), comply with any other applicable law (including regulations).(2) Environmental impact statement.—(A) In general.—Not later than 60 days after the date on which the Secretary receives notification under subsection (a), the Secretary shall initiate the preparation of an environmental impact statement required under the 123 STAT. 1179 National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).(B) Requirements.—The environmental impact statement prepared under subparagraph (A) shall contain—(i) an analysis of—(I) the proposed land exchange; and(II) the potential construction and operation of a road between the communities of King Cove and Cold Bay, Alaska; and(ii) an evaluation of a specific road corridor through the Refuge that is identified in consultation with the State, the City of King Cove, Alaska, and the Tribe.(3) Cooperating agencies.—(A) In general.—During the preparation of the environmental impact statement under paragraph (2), each entity described in subparagraph (B) may participate as a cooperating agency.(B) Authorized entities.—An authorized entity may include—(i) any Federal agency that has permitting jurisdiction over the road described in paragraph (2)(B)(i)(II);(ii) the State;(iii) the Aleutians East Borough of the State;(iv) the City of King Cove, Alaska;(v) the Tribe; and(vi) the Alaska Migratory Bird Co-Management Council.(c) Valuation.—The conveyance of the Federal land and non-Federal land under this section shall not be subject to any requirement under any Federal law (including regulations) relating to the valuation, appraisal, or equalization of land.(d) Public Interest Determination.—(1) Conditions for land exchange.—Subject to paragraph (2), to carry out the land exchange under subsection (a), the Secretary shall determine that the land exchange (including the construction of a road between the City of King Cove, Alaska, and the Cold Bay Airport) is in the public interest.(2) Limitation of authority of secretary.—The Secretary may not, as a condition for a finding that the land exchange is in the public interest—(A) require the State or the Corporation to convey additional land to the United States; or(B) impose any restriction on the subsistence uses (as defined in section 803 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3113)) of waterfowl by rural residents of the State.(e) Kinzaroff Lagoon.—The land exchange under subsection (a) shall not be carried out before the date on which the parcel of land owned by the State that is located in the Kinzaroff Lagoon has been designated by the State as a State refuge, in accordance with the applicable laws (including regulations) of the State.(f) Designation of Road Corridor.—In designating the road corridor described in subsection (b)(2)(B)(ii), the Secretary shall—(1) minimize the adverse impact of the road corridor on the Refuge;123 STAT. 1180(2) transfer the minimum acreage of Federal land that is required for the construction of the road corridor; and(3) to the maximum extent practicable, incorporate into the road corridor roads that are in existence as of the date of enactment of this Act.(g) Additional Terms and Conditions.—The land exchange under subsection (a) shall be subject to any other term or condition that the Secretary determines to be necessary.
Pub. L. 111-11, tit. VI, subtit. E, sec. 6402: LAND EXCHANGE. | Justis AI