S.Amdt. 5005

SA 5005. Ms. MURKOWSKI (for herself and Mr. Sullivan) submitted an
amendment intended to be proposed by her to the bill S. 2848, to
provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. _____. KING COVE.

(a) Finding.--Congress finds that the land exchange
required under this section (including the designation of the
road corridor and the construction of the road along the road
corridor) is in the public interest.
(b) Definitions.--In this section:
(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 subsection (c)(2)(B).
(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 subsection (c)(2)(A).
(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).
(c) Land Exchange Required.--
(1) 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.
(2) Use of federal land.--The Federal land shall be
conveyed to the State for the purposes of--
(A) designating a road corridor through the Refuge; and
(B) constructing a single-lane gravel road along the road
corridor subject to the requirements in subsection (e).
(3) Valuation, appraisals, and equalization.--
(A) In general.--The value of the Federal land and the non-
Federal land to be exchanged under this subsection--
(i) shall be equal, as determined by appraisals conducted
in accordance with subparagraph (B); or
(ii) if not equal, shall be equalized in accordance with
subparagraph (C).
(B) Appraisals.--
(i) 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.
(ii) Requirements.--The appraisals required under clause
(i) 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.

(C) Equalization.--
(i) 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 subsection, 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
subclauses (I) and (II).

(ii) 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 subsection, 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.
(iii) 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 clause
(i)(II) in excess of 25 percent of the value of the Federal
land conveyed.
(4) Administration.--On completion of the exchange of
Federal land and non-Federal land under this subsection--
(A) the boundary of the Wilderness shall be modified to
exclude the Federal land; and
(B) the non-Federal land shall be--
(i) added to the Wilderness; and
(ii) administered in accordance with--

(I) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(II) other applicable laws.

(5) Deadline.--The land exchange under this subsection
shall be completed not later than 180 days after the date of
enactment of this Act.
(d) 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.
(e) 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.
(f) Effect.--The exchange of Federal land and non-Federal
land and the road to be constructed under this section 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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