Sec. 603. Authority to convey land in Point Spencer

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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. 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

(e)if the requirements of subsection

(f)are met. If the Secretary makes the determination under subsection

(a)and the requirements of subsection

(f)are met for Tract 1, 3, or 4, or a portion of such Tract, the Secretary of the Interior shall offer such Tract or portion of such Tract for conveyance to BSNC under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ). If the requirements of subsection

(f)are met for Tract 2 or Tract 5, the Secretary of the Interior shall offer such Tract for conveyance to BSNC under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ). If BSNC chooses to accept an offer of conveyance of a Tract under paragraph (1), the Secretary of the Interior shall consider such Tract 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. 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 ). 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. 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. If the requirements under subsection

(f)are met for Tract 6, the Secretary of the Interior shall offer such Tract for conveyance to the 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. 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. ). 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. 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. 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. The Secretary of the Interior shall not convey Tract 1, Tract 2, Tract 3, Tract 4, Tract 5, or Tract 6 under this section until— the Secretary certifies that the applicable requirements under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) ) and other applicable environmental laws have been satisfied for land in such Tract; or the Board of Directors of BSNC adopts and submits to the Secretary of the Interior a resolution stating that BSNC is willing to accept Tract 1, Tract 2, Tract 3, Tract 4, Tract 5, or Tract 6, as appropriate, as is at the time of such conveyance, based on known contamination. In this subparagraph, the term as is means the physical condition of Tract 1, Tract 2, Tract 3, Tract 4, Tract 5, or Tract 6, as appropriate, at the time of the conveyance of such Tract, including with respect to any known contamination by hazardous materials or substances. To the extent cleanup and remediation of hazardous substances on land in a Tract to be conveyed to the State or to BSNC are required by existing law, all environmental compliance activities pursuant to section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) ) and other applicable environmental laws shall be satisfied. Notwithstanding section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and other applicable environmental laws, any known contamination in a Tract to be conveyed that does not pose an immediate or long-term health or environmental risk may be routinely monitored and managed by the State or BSNC, as applicable, through institutional controls in accordance with the laws of the State. If preexisting contamination from hazardous materials and substances are found to be present in a Tract after the date the Tract is conveyed to the State or BSNC, responsibility for cleanup and remediation of such contamination shall continue to be governed by section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3) ), applicable provisions of chapter 19 of title 14, United States Code, and applicable laws of the State. With respect to land in Tract 1, Tract 3, or Tract 4 to be retained by the Coast Guard, nothing in this section may be construed to limit the obligation of the Coast Guard to comply with applicable environmental law, including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) ). All conveyances under this section shall be subject to— an easement granting unlimited use of all existing and future landing pads, airstrips, runways, and taxiways that are located on such Tract conveyed, at no cost to the Coast Guard; and the right to access such landing pads, airstrips, runways, and taxiways, at no cost to the Coast Guard. For any Tract conveyed to BSNC under this section, BSNC shall provide to the State, if requested and pursuant to negotiated terms with the State, for no compensation— an easement over all existing and future airstrips, runways, and taxiways located on such Tract; and a right of access to and from such airstrips, runways, and taxiways. If the State requests a right of access for a road from the airstrip to the southern tip of Point Spencer, the location of such right of access shall be determined by the State, in consultation with the Secretary and BSNC, so that such access is compatible with other existing or planned infrastructure development at Point Spencer. Any Tract that is not conveyed under this section shall remain withdrawn pursuant to Public Land Order 2650 (published in the Federal Register on April 12, 1962). For any Tract conveyed under this section, Public Land Order 2650 shall automatically terminate upon issuance of a conveyance document for such Tract. Conveyance of any Tract under this section shall not affect criminal jurisdiction and responsibilities regarding the potential theft or vandalism of archeological or cultural resources located in or on such tracts. The Secretary of Homeland Security is authorized to make cash sales of personal property that is located on Tract 4 to BSNC or to the State. The total value of the personal property referred to in subparagraph

(A)shall be deemed to be $5,580,000. Pursuant to section 559 of the Department of Homeland Security Appropriations Act, 2010 ( Public Law 111–83 ; 123 Stat. 2180), the proceeds from the sale of Coast Guard property referred to in subparagraph (A)— shall be deposited as offsetting collections into the Coast Guard Environmental Compliance and Restoration Account; shall be available without further appropriation for environmental compliance and restoration activities associated with any tract conveyed or to be conveyed under this Act; and shall remain available until expended. If unexpended balances remain in the Coast Guard Environmental Compliance and Restoration Account after the completion of the activities described in subparagraph (C)(ii), such balances may be expended for any other environmental compliance and restoration activities of the Coast Guard. As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior 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 on December 6, 1978. The maps and legal descriptions shall have the same force and effect as if the maps and legal descriptions were included in this Act, except that the Secretary of the Interior may correct any clerical and typographical errors in the maps and legal descriptions. Copies of the maps and legal descriptions shall be available for public inspection in the appropriate offices of— the Bureau of Land Management; and the United States Coast Guard. Not later than 5 years after the date of the enactment of this Act, the Secretary of the Interior shall survey Tracts conveyed and patent the Tracts in accordance with the official plats of survey. 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.

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