Title V — Conveyances

114th Congress · Approved Feb 8, 2016 · 130 Stat. 27

TITLE V Conveyances

Subtitle A Miscellaneous Conveyances

SEC. 501. Conveyance of Coast Guard Property in Point Reyes Station, California.

(a)

Conveyance.—

(1)

In general.— The Commandant of the Coast Guard shall convey to the County of Marin, California all right, title, and interest of the United States in and to the covered property—

(A)

for fair market value, as provided in paragraph (2);

(B)

subject to the conditions required by this section; and

(C)

subject to any other term or condition that the Commandant considers appropriate and reasonable to protect the interests of the United States.

(2)

Fair market value.— The fair market value of the covered property shall be—

(A)

determined by a real estate appraiser who has been selected by the County and is licensed to practice in California; and

(B)

approved by the Commandant.

(3)

Proceeds.— The Commandant shall deposit the proceeds from a conveyance under paragraph (1) in the Coast Guard Housing Fund established by section 687 of title 14, United States Code.

(b)

Condition of Conveyance.— As a condition of any conveyance of the covered property under this section, the Commandant shall require that all right, title, and interest in and to the covered property shall revert to the United States if the covered property or any part thereof ceases to be used for affordable housing, as defined by the County and the Commandant at the time of conveyance, or to provide a public benefit approved by the County.

(c)

Survey.— The exact acreage and legal description of the covered property shall be determined by a survey satisfactory to the Commandant.

(d)

Rules of Construction.— Nothing in this section may be construed to affect or limit the application of or obligation to comply with any environmental law, including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).

(e)

Covered Property Defined.— In this section, the term “covered property” means the approximately 32 acres of real property (including all improvements located on the property) that are—

(1)

located in Point Reyes Station in the County of Marin, California;

(2)

under the administrative control of the Coast Guard; and

(3)

described as “Parcel A, Tract 1”, “Parcel B, Tract 2”, “Parcel C”, and “Parcel D” in the Declaration of Taking (Civil No. C 71–1245 SC) filed June 28, 1971, in the United States District Court for the Northern District of California.

(f)

Expiration.— The authority to convey the covered property under this section shall expire on the date that is four years after the date of the enactment of this Act.

SEC. 502. Conveyance of Coast Guard Property in Tok, Alaska.

(a)

Conveyance Authorized.— The Commandant of the Coast Guard may convey to the Tanana Chiefs’ Conference all right, title, and interest of the United States in and to the covered property, upon payment to the United States of the fair market value of the covered property.

(b)

Survey.— The exact acreage and legal description of the covered property shall be determined by a survey satisfactory to the Commandant.

(c)

Fair Market Value.— The fair market value of the covered property shall be—

(1)

determined by appraisal; and

(2)

subject to the approval of the Commandant.

(d)

Costs of Conveyance.— The responsibility for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with a conveyance under this section shall be determined by the Commandant and the purchaser.

(e)

Additional Terms and Conditions.— The Commandant may require such additional terms and conditions in connection with a conveyance under this section as the Commandant considers appropriate and reasonable to protect the interests of the United States.

(f)

Deposit of Proceeds.— Any proceeds received by the United States from a conveyance under this section shall be deposited in the Coast Guard Housing Fund established under section 687 of title 14, United States Code.

(g)

Covered Property Defined.—

(1)

In general.— In this section, the term “covered property” means the approximately 3.25 acres of real property (including all improvements located on the property) that are—

(A)

located in Tok, Alaska;

(B)

under the administrative control of the Coast Guard; and

(C)

described in paragraph (2).

(2)

Description.— The property described in this paragraph is the following:

(A)

Lots 11, 12 and 13, block “G”, Second Addition to Hartsell Subdivision, Section 20, Township 18 North, Range 13 East, Copper River Meridian, Alaska as appears by Plat No. 72–39 filed in the Office of the Recorder for the Fairbanks Recording District of Alaska, bearing seal dated 25 September 1972, all containing approximately 1.25 acres and commonly known as 2–PLEX – Jackie Circle, Units A and B.

(B)

Beginning at a point being the SE corner of the SE ¼ of the SE ¼ Section 24, Township 18 North, Range 12 East, Copper River Meridian, Alaska; thence running westerly along the south line of said SE ¼ of the NE ¼ 260 feet; thence northerly parallel to the east line of said SE ¼ of the NE ¼ 335 feet; thence easterly parallel to the south line 260 feet; then south 335 feet along the east boundary of Section 24 to the point of beginning; all containing approximately 2.0 acres and commonly known as 4–PLEX – West “C” and Willow, Units A, B, C and D.

(h)

Expiration.— The authority to convey the covered property under this section shall expire on the date that is 4 years after the date of the enactment of this Act.

Subtitle B Pribilof Islands

SEC. 521. Short Title.

This subtitle may be cited as the “Pribilof Island Transition Completion Act of 2015”.

SEC. 522. Transfer and Disposition of Property.

(a)

Transfer.— To further accomplish the settlement of land claims under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), the Secretary of Commerce shall, subject to paragraph (2), and notwithstanding section 105(a) of the Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public Law 106–562), convey all right, title, and interest in the following property to the Alaska native village corporation for St. Paul Island:

(1)

Lots 4, 5, and 6A, Block 18, Tract A, U.S. Survey 4943, Alaska, the plat of which was Officially Filed on January 20, 2004, aggregating 13,006 square feet (0.30 acres).

(2)

On the termination of the license described in subsection (b)(3), T. 35 S., R. 131 W., Seward Meridian, Alaska, Tract 43, the plat of which was Officially Filed on May 14, 1986, containing 84.88 acres.

(b)

Federal Use.—

(1)

In general.— The Secretary of the department in which the Coast Guard is operating may operate, maintain, keep, locate, inspect, repair, and replace any Federal aid to navigation located on the property described in subsection (a) as long as the aid is needed for navigational purposes.

(2)

Administration.— In carrying out subsection (a), the Secretary may enter the property, at any time for as long as the aid is needed for navigational purposes, without notice to the extent that it is not practicable to provide advance notice.

(3)

License.— The Secretary of the Department in which the Coast Guard is operating may maintain a license in effect on the date of the enactment of this Act with respect to the real property and improvements under subsection (a) until the termination of the license.

(4)

Reports.— Not later than 2 years after the date of the enactment of this Act and not less than once every 2 years thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on—

(A)

efforts taken to remediate contaminated soils on tract 43 described in subsection (a)(2);

(B)

a schedule for the completion of contaminated soil remediation on tract 43; and

(C)

any use of tract 43 to carry out Coast Guard navigation activities.

(c)

Agreement on Transfer of Other Property on St. Paul Island.—

(1)

In general.— In addition to the property transferred under subsection (a), not later than 60 days after the date of the enactment of this Act, the Secretary of Commerce and the presiding officer of the Alaska native village corporation for St. Paul Island shall enter into an agreement to exchange of property on Tracts 50 and 38 on St. Paul Island and to finalize the recording of deeds, to reflect the boundaries and ownership of Tracts 50 and 38 as depicted on a survey of the National Oceanic and Atmospheric Administration, to be filed with the Office of the Recorder for the Department of Natural Resources for the State of Alaska.

(2)

Easements.— The survey described in subsection (a) shall include respective easements granted to the Secretary and the Alaska native village corporation for the purpose of utilities, drainage, road access, and salt lagoon conservation.

SEC. 523. Notice of Certification.

Section 105 of the Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public Law 106–562) is amended—

(1)

in subsection (a)(1), by striking “ The Secretary” and inserting “ Notwithstanding paragraph (2) and effective beginning on the date the Secretary publishes the notice of certification required by subsection (b)(5), the Secretary”;

(2)

in subsection (b)—

(A)

in paragraph (1)(A), by striking “ section 205 of the Fur Seal Act of 1966 (16 U.S.C. 1165)” and inserting “ section 205(a) of the Fur Seal Act of 1966 (16 U.S.C. 1165(a))”; and

(B)

by adding at the end the following:

“(5) Notice of certification.—The Secretary shall promptly publish and submit to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate notice that the certification described in paragraph (2) has been made.”

; and

(3)

in subsection (c)—

(A)

in the matter preceding paragraph (1), by striking “ makes the certification described in subsection (b)(2)” and inserting “ publishes the notice of certification required by subsection (b)(5)”; and

(B)

in paragraph (1), by striking “ Section 205” and inserting “ Subsections (a), (b), (c), and (d) of section 205”;

(4)

by redesignating subsection (e) as subsection (g); and

(5)

by inserting after subsection (d) the following:

“(e) Notifications.—

“(1) In general.—Not later than 30 days after the Secretary makes a determination under subsection (f) that land on St. Paul Island, Alaska, not specified for transfer in the document entitled ‘Transfer of Property on the Pribilof Islands: Descriptions, Terms and Conditions’ or section 522 of the Pribilof Island Transition Completion Act of 2015 is in excess of the needs of the Secretary and the Federal Government, the Secretary shall notify the Alaska native village corporation for St. Paul Island of the determination.

“(2) Election to receive.—Not later than 60 days after the date receipt of the notification of the Secretary under subsection (a), the Alaska native village corporation for St. Paul Island shall notify the Secretary in writing whether the Alaska native village corporation elects to receive all right, title, and interest in the land or a portion of the land.

“(3) Transfer.—If the Alaska native village corporation provides notice under paragraph (2) that the Alaska native village corporation elects to receive all right, title and interest in the land or a portion of the land, the Secretary shall transfer all right, title, and interest in the land or portion to the Alaska native village corporation at no cost.

“(4) Other disposition.—If the Alaska native village corporation does not provide notice under paragraph (2) that the Alaska native village corporation elects to receive all right, title, and interest in the land or a portion of the land, the Secretary may dispose of the land in accordance with other applicable law.

“(f) Determination.—

“(1) In general.—Not later than 2 years after the date of the enactment of this subsection and not less than once every 5 years thereafter, the Secretary shall determine whether property located on St. Paul Island and not transferred to the Natives of the Pribilof Islands is in excess of the smallest practicable tract enclosing land—

“(A) needed by the Secretary for the purposes of carrying out the Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.);

“(B) in the case of land withdrawn by the Secretary on behalf of other Federal agencies, needed for carrying out the missions of those agencies for which land was withdrawn; or

“(C) actually used by the Federal Government in connection with the administration of any Federal installation on St. Paul Island.

“(2) Report of determination.—When a determination is made under subsection (a), the Secretary shall report the determination to—

“(A) the Committee on Natural Resources of the House of Representatives;

“(B) the Committee on Commerce, Science, and Transportation of the Senate; and

“(C) the Alaska native village corporation for St. Paul Island.”

SEC. 524. Redundant Capability.

(a)

Rule of Construction.— Except as provided in subsection (b), section 681 of title 14, United States Code, as amended by this Act, shall not be construed to prohibit any transfer or conveyance of lands under this subtitle 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 section 522.

(b)

Redundant Capability.— If, within the 5-year period beginning on the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating determines that a facility on Tract 43, if transferred under this subtitle, is subsequently required to provide a positioning, navigation, and timing system to provide redundant capability in the event GPS signals are disrupted, the Secretary may—

(1)

operate, maintain, keep, locate, inspect, repair, and replace such facility; and

(2)

in carrying out the activities described in paragraph (1), enter, at any time, the facility without notice to the extent that it is not possible to provide advance notice, for as long as such facility is needed to provide such capability.

Subtitle C Conveyance of Coast Guard Property at Point Spencer, Alaska

SEC. 531. Findings.

The Congress finds as follows:

(1)

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.

(2)

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.

(3)

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.

(4)

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

(5)

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.

SEC. 532. Definitions.

In this subtitle:

(1)

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).

(2)

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).

(3)

Council.— The term “Council” means the Port Coordination Council established under section 541.

(4)

Plan.— The term “Plan” means the Port Management Coordination Plan developed under section 541.

(5)

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

(6)

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

(7)

State.— The term “State” means the State of Alaska.

(8)

Tract.— The term “Tract” or “Tracts” means any of Tract 1, Tract 2, Tract 3, Tract 4, Tract 5, or Tract 6, as appropriate, or any portion of such Tract or Tracts.

(9)

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, 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.

SEC. 533. Authority to Convey Land in Point Spencer.

(a)

Authority To Convey Tracts 1, 3, and 4.— Within 1 year after the Secretary notifies the Secretary of the Interior that the Coast Guard no longer needs to retain jurisdiction of Tract 1, Tract 3, or Tract 4 and subject to section 534, the Secretary of the Interior shall convey to BSNC or the State, subject to valid existing rights, all right, title, and interest of the United States in and to the surface and subsurface estates of that Tract in accordance with subsection (d).

(b)

Authority To Convey Tracts 2 and 5.— Within 1 year after the date of the enactment of this section and subject to section 534, 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).

(c)

Authority to Transfer Tract 6.— Within one year after the date of the enactment of this Act and subject to sections 534 and 535, 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).

(d)

Order of Offer to Convey Tract 1, 2, 3, 4, or 5.—

(1)

Determination and offer.—

(A)

Tract 1, 3, or 4.— If the Secretary makes the determination under subsection (a) and subject to section 534, the Secretary of the Interior shall offer Tract 1, Tract 3, or Tract 4 for conveyance to BSNC under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

(B)

Tract 2 and 5.— Subject to section 534, the Secretary of the Interior shall offer Tract 2 and Tract 5 to BSNC under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

(2)

Offer to bsnc.—

(A)

Acceptance by bsnc.— If BSNC chooses to accept an offer of conveyance of a Tract under paragraph (1), the Secretary of the Interior shall consider Tract 6 as within BSNC’s entitlement under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) and shall convey such Tract to BSNC.

(B)

Decline by bsnc.— If BSNC declines to accept an offer of conveyance of a Tract under paragraph (1), the Secretary of the Interior shall offer such Tract for conveyance to the State under the Act of July 7, 1958 (commonly known as the “Alaska Statehood Act”) (48 U.S.C. note prec. 21; Public Law 85–508).

(3)

Offer to state.—

(A)

Acceptance by state.— If the State chooses to accept an offer of conveyance of a Tract under paragraph (2)(B), the Secretary of the Interior shall consider such Tract as within the State’s entitlement under the Act of July 7, 1958 (commonly known as the “Alaska Statehood Act”) (48 U.S.C. note prec. 21; Public Law 85–508) and shall convey such Tract to the State.

(B)

Decline by state.— If the State declines to accept an offer of conveyance of a Tract offered under paragraph (2)(B), such Tract shall be disposed of pursuant to applicable public land laws.

(e)

Order of Offer to Convey Tract 6.—

(1)

Offer.— Subject to section 534, the Secretary of the Interior shall offer Tract 6 for conveyance to the State.

(2)

Offer to state.—

(A)

Acceptance by state.— If the State chooses to accept an offer of conveyance of Tract 6 under paragraph (1), the Secretary of the Interior shall consider Tract 6 as within the State’s entitlement under the Act of July 7, 1958 (commonly known as the “Alaska Statehood Act”) (48 U.S.C. note prec. 21; Public Law 85–508) and shall convey Tract 6 to the State.

(B)

Decline by state.— If the State declines to accept an offer of conveyance of Tract 6 under paragraph (1), the Secretary of the Interior shall offer Tract 6 for conveyance to BSNC under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

(3)

Offer to bsnc.—

(A)

Acceptance by bsnc.—

(i)

In general.— Subject to clause (ii), if BSNC chooses to accept an offer of conveyance of Tract 6 under paragraph (2)(B), the Secretary of the Interior shall consider Tract 6 as within BSNC’s entitlement under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) and shall convey Tract 6 to BSNC.

(ii)

Lease by the state.— The conveyance of Tract 6 to BSNC shall be subject to BSNC negotiating a lease of Tract 6 to the State at no cost to the State, if the State requests such a lease.

(B)

Decline by bsnc.— If BSNC declines to accept an offer of conveyance of Tract 6 under paragraph (2)(B), the Secretary of the Interior shall dispose of Tract 6 pursuant to the applicable public land laws.

SEC. 534. Environmental Compliance, Liability, and Monitoring.

(a)

Environmental Compliance.— Nothing in this Act or any amendment made by this Act may be construed to affect or limit the application of or obligation to comply with any applicable environmental law, including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).

(b)

Liability.— A person to which a conveyance is made under this subtitle shall hold the United States harmless from any liability with respect to activities carried out on or after the date of the conveyance of the real property conveyed. The United States shall remain responsible for any liability with respect to activities carried out before such date on the real property conveyed.

(c)

Monitoring of Known Contamination.—

(1)

In general.— To the extent practicable and subject to paragraph (2), any contamination in a Tract to be conveyed to the State or BSNC under this subtitle that—

(A)

is identified in writing prior to the conveyance; and

(B)

does not pose an immediate or long-term risk to human health or the environment;

may be routinely monitored and managed by the State or BSNC, as applicable, through institutional controls.

(2)

Institutional controls.— Institutional controls may be used if—

(A)

the Administrator of the Environmental Protection Agency and the Governor of the State concur that such controls are protective of human health and the environment; and

(B)

such controls are carried out in accordance with Federal and State law.

SEC. 535. Easements and Access.

(a)

Use by Coast Guard.— The Secretary of the Interior shall make each conveyance of any relevant Tract under this subtitle subject to an easement granting the Coast Guard, at no cost to the Coast Guard—

(1)

use of all existing and future landing pads, airstrips, runways, and taxiways that are located on such Tract; and

(2)

the right to access such landing pads, airstrips, runways, and taxiways.

(b)

Use by State.— For any Tract conveyed to BSNC under this subtitle, BSNC shall provide to the State, if requested and pursuant to negotiated terms with the State, an easement granting to the State, at no cost to the State—

(1)

use of all existing and future landing pads, airstrips, runways, and taxiways located on such Tract; and

(2)

a right to access such landing pads, airstrips, runways, and taxiways.

(c)

Right of Access or Right of Way.— If the State requests a right of access or right of way for a road from the airstrip to the southern tip of Point Spencer, the location of such right of access or right of way shall be determined by the State, in consultation with the Secretary and BSNC, so that such right of access or right of way is compatible with other existing or planned infrastructure development at Point Spencer.

(d)

Access Easement Across Tracts 2, 5, and 6.— In conveyance documents to the State and BSNC under this subtitle, the Coast Guard shall retain an access easement across Tracts 2, 5, and 6 reasonably necessary to afford the Coast Guard with access to Tracts 1, 3, and 4 for its operations.

(e)

Access.— Not later than 30 days after the date of the enactment of this Act, the Coast Guard shall provide to the State and BSNC, access to Tracts for planning, design, and engineering related to remediation and use of and construction on those Tracts.

(f)

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 subtitle.

SEC. 536. Relationship to Public Land Order 2650.

(a)

Tracts Not Conveyed.— Any Tract that is not conveyed under this subtitle shall remain withdrawn pursuant to Public Land Order 2650 (published in the Federal Register on April 12, 1962).

(b)

Tracts Conveyed.— For any Tract conveyed under this subtitle, Public Land Order 2650 shall automatically terminate upon issuance of a conveyance document issued pursuant to this subtitle for such Tract.

SEC. 537. Archeological and Cultural Resources.

Conveyance of any Tract under this subtitle shall not affect investigations, criminal jurisdiction, and responsibilities regarding theft or vandalism of archeological or cultural resources located in or on such Tract that took place prior to conveyance under this subtitle.

SEC. 538. Maps and Legal Descriptions.

(a)

Preparation of Maps and Legal Descriptions.— As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior in consultation with the Secretary shall prepare maps and legal descriptions of Tract 1, Tract 2, Tract 3, Tract 4, Tract 5, and Tract 6. In doing so, the Secretary of the Interior may use metes and bounds legal descriptions based upon the official survey plats of Point Spencer accepted by the Bureau of Land Management on December 6, 1978, and on information provided by the Secretary.

(b)

Survey.— Not later than 5 years after the date of the enactment of this Act, the Secretary of the Interior shall survey Tracts conveyed under this subtitle and patent the Tracts in accordance with the official plats of survey.

(c)

Legal Effect.— The maps and legal descriptions prepared under subsection (a) and the surveys prepared under subsection (b) shall have the same force and effect as if the maps and legal descriptions were included in this Act.

(d)

Corrections.— The Secretary of the Interior may correct any clerical and typographical errors in the maps and legal descriptions prepared under subsection (a) and the surveys prepared under subsection (b).

(e)

Availability.— Copies of the maps and legal descriptions prepared under subsection (a) and the surveys prepared under subsection (b) shall be available for public inspection in the appropriate offices of—

(1)

the Bureau of Land Management; and

(2)

the Coast Guard.

SEC. 539. Chargeability for Land Conveyed.

(a)

Conveyances to Alaska.— The Secretary of the Interior shall charge any conveyance of land conveyed to the State of Alaska pursuant to this subtitle against the State’s remaining entitlement under section 6(b) of the Act of July 7, 1958 (commonly known as the “Alaska Statehood Act”; Public Law 85–508: 72 Stat. 339).

(b)

Conveyances to BSNC.— The Secretary of the Interior shall charge any conveyance of land conveyed to BSNC pursuant to this subtitle, against BSNC’s remaining entitlement under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)).

SEC. 540. Redundant Capability.

(a)

In General.— Except as provided in subsection (b), section 681 of title 14, United States Code, as amended by this Act, shall not be construed to prohibit any transfer or conveyance of lands under this subtitle 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 subtitle.

(b)

Continued Access to and Use of Facilities.— If the Secretary of the department in which the Coast Guard is operating determines, within the 5-year period beginning on the date of the enactment of this Act, that a facility on any of Tract 1, Tract 3, or Tract 4 that is transferred under this subtitle is subsequently required to provide a positioning, navigation, and timing system to provide redundant capability in the event GPS signals are disrupted, the Secretary may, for as long as such facility is needed to provide redundant capability—

(1)

operate, maintain, keep, locate, inspect, repair, and replace such facility; and

(2)

in carrying out the activities described in paragraph (1), enter, at any time, the facility without notice to the extent that it is not possible to provide advance notice.

SEC. 541. Port Coordination Council for Point Spencer.

(a)

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

(b)

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

(1)

The State.

(2)

BSNC.

(c)

Duties.— The duties of the Council are as follows:

(1)

To develop a Port Management Coordination Plan to help coordinate infrastructure development and operations at the Port of Point Spencer, that includes plans for—

(A)

construction;

(B)

funding eligibility;

(C)

land use planning and development; and

(D)

public interest use and access, emergency preparedness, law enforcement, protection of Alaska Native archaeological and cultural resources, and other matters that are necessary for public and private entities to function in proximity together in a remote location.

(2)

Update the Plan annually for the first 5 years after the date of the enactment of this Act and biennially thereafter.

(3)

Facilitate coordination among BSNC, the State, and the Coast Guard, on the development and use of the land and coastline as such development relates to activities at the Port of Point Spencer.

(4)

Assess the need, benefits, efficacy, and desirability of establishing in the future a port authority at Point Spencer under State law and act upon that assessment, as appropriate, including taking steps for the potential formation of such a port authority.

(d)

Plan.— In addition to the requirements under subsection (c)(1) to the greatest extent practicable, the Plan developed by the Council shall facilitate and support the statutory missions and duties of the Coast Guard and operations of the Coast Guard in the Arctic.

(e)

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.

Title V — Conveyances