KING COVE ROAD.

SEC. 6403. KING COVE ROAD.(a) Requirements Relating to Use, Barrier Cables, and Dimensions.—(1) Limitations on use.—(A) In general.—Except as provided in subparagraph (B), any portion of the road constructed on the Federal land conveyed pursuant to this subtitle shall be used primarily for health and safety purposes (including access to and from the Cold Bay Airport) and only for noncommercial purposes.(B) Exceptions.—Notwithstanding subparagraph (A), the use of taxis, commercial vans for public transportation, and shared rides (other than organized transportation of employees to a business or other commercial facility) shall be allowed on the road described in subparagraph (A).(C) Requirement of agreement.—The limitations of the use of the road described in this paragraph shall be enforced in accordance with an agreement entered into between the Secretary and the State.(2) Requirement of barrier cable.—The road described in paragraph (1)(A) shall be constructed to include a cable barrier 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, unless a different type barrier is required as a mitigation measure in the Record of Decision for Final Environmental Impact Statement required in section 6402(b)(2).(3) Required dimensions and design features.—The road described in paragraph (1)(A) shall—(A) have a width of not greater than a single lane, in accordance with the applicable road standards of the State;(B) be constructed with gravel;(C) be constructed to comply with any specific design features identified in the Record of Decision for Final Environmental Impact Statement required in section 6402(b)(2) as Mitigation Measures relative to the passage and migration of wildlife, and also the exchange of tidal flows, where applicable, in accordance with applicable Federal and State design standards; and(D) if determined to be necessary, be constructed to include appropriate safety pullouts.(b) Support Facilities.—Support facilities for the road described in subsection (a)(1)(A) shall not be located within the Refuge.(c) Federal Permits.—It is the intent of Congress that any Federal permit required for construction of the road be issued 123 STAT. 1181 or denied not later than 1 year after the date of application for the permit.(d) Applicable Law.—Nothing in this section amends, or modifies the application of, section 1110 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3170).(e) Mitigation Plan.—(1) In general.—Based on the evaluation of impacts determined through the completion of the environmental impact statement under section 6402(b)(2), the Secretary, in consultation with the entities described in section 6402(b)(3)(B), shall develop an enforceable mitigation plan.(2) Corrective modifications.—The Secretary may make corrective modifications to the mitigation plan developed under paragraph (1) if—(A) the mitigation standards required under the mitigation plan are maintained; and(B) the Secretary provides an opportunity for public comment with respect to any proposed corrective modification.(3) Avoidance of wildlife impacts.—Road construction shall adhere to any specific mitigation measures included in the Record of Decision for Final Environmental Impact Statement required in section 6402(b)(2) that—(A) identify critical periods during the calendar year when the refuge is utilized by wildlife, especially migratory birds; and(B) include specific mandatory strategies to alter, limit or halt construction activities during identified high risk periods in order to minimize impacts to wildlife, and(C) allow for the timely construction of the road.(4) Mitigation of wetland loss.—The plan developed under this subsection shall comply with section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) with regard to minimizing, to the greatest extent practicable, the filling, fragmentation or loss of wetlands, especially intertidal wetlands, and shall evaluate mitigating effect of those wetlands transferred in Federal ownership under the provisions of this subtitle.