Point Spencer Land Conveyance Act

Major shipping traffic is increasing through the Bering Strait, the Bering and Chukchi Seas, 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 undertaken.

There is a compelling national, State, Alaska Native, and private sector need for permanent infrastructure development and for a presence in the Arctic region of Alaska by appropriate agencies of the Federal Government, particularly in proximity to the Bering Strait, to support and facilitate search and rescue, shipping safety, economic development, oil spill prevention and response, protection of Alaska Native archaeological and cultural resources, port of refuge, Arctic research, and maritime law enforcement on the Bering Sea, the Chukchi Sea, and the Arctic Ocean.

The United States owns a parcel of land, known as Point Spencer, 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 Arctic.

Prudent and effective use of Point Spencer may be best achieved through marshaling the energy, resources, and leadership of the public and private sectors.

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 States.

Arctic— The term Arctic has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).

BSNC— The term BSNC means the Bering Straits Native Corporation authorized under section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606).

Council— The term Council means the Port Coordination Advisory Council established under section 5(a).

Plan— The term Plan means the Port Management Coordination Plan developed under section 5(c).

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term “Point Spencer” means the land known as “Point Spencer” located between the Bering Strait and Port Clarence and withdrawn by Public Land Order 2650 (published in the Federal Register on April 12, 1962), and located in Townships 2, 3, and 4 South, Range 40 West, Kateel River Meridian, Alaska.

Secretary— Except as otherwise specifically provided, the term Secretary means the Secretary of the department in which the Coast Guard is operating.

State— The term State means the State of Alaska.

Tract— The term Tract means Tract 1, Tract 2, Tract 3, Tract 4, Tract 5, or Tract 6, as appropriate.

Tracts 1, 2, 3, 4, 5, and 6— The terms Tract 1, Tract 2, Tract 3, Tract 4, Tract 5, and Tract 6 each mean the land generally depicted as Tract 1, Tract 2, Tract 3, Tract 4, Tract 5, or Tract 6, respectively, and generally depicted as such Tract on the map entitled the “Point Spencer Land Retention and Conveyance Map”, dated January 2015, and on file with the Department of Homeland Security and the Department of the Interior.

Authority To convey Tracts 1, 3, and 4— The Secretary of the Interior shall convey, subject to valid existing rights, all right, title, and interest of the United States in and to the surface and subsurface estates of Tract 1, Tract 3, and Tract 4 in accordance with subsection (d) if the Secretary notifies the Secretary of the Interior that the Coast Guard no longer needs to retain jurisdiction over any portion of Tract 1, Tract 3, or Tract 4 and the requirements of subsection (f) are met for each such Tract to be conveyed.

Authority To convey Tracts 2 and 5— The Secretary of the Interior shall convey, subject to valid existing rights, all right, title, and interest of the United States in and to the surface and subsurface estates of Tract 2 and Tract 5 in accordance with subsection (d) if the requirements of subsection (f) are met for each such Tract to be conveyed.

Authority To transfer Tract 6— The Secretary of the Interior shall convey, subject to valid existing rights, all right, title, and interest of the United States in and to the surface and subsurface estates of Tract 6 in accordance with subsection (e) if the requirements of subsection (f) are met.

Public access easements— No public access easements may be reserved to the United States under section 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)) with respect to the land conveyed under this Act.

Establishment— There is established the Port Coordination Advisory Council for the Port of Point Spencer.

Membership— The Council shall consist of a representative appointed by each of the following:

Duties— The duties of the Council are as follows:

Plan— The Plan shall be developed and implemented by the Council in such a manner so as to facilitate and support, and not interfere with nor impede, the statutory missions, duties, and operations of the Coast Guard in the Arctic.

Costs— Operations and management costs for airstrips, runways, and taxiways at Point Spencer shall be determined pursuant to provisions of the Plan, as negotiated by the Council.