Sec. 3533. TRANSFER, USE, AND DISPOSAL OF TRACT 43

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## SEC. 3533 TRANSFER, USE, AND DISPOSAL OF TRACT 43 ###

(a)In General Section 524 of the Pribilof Island Transition Completion Act of 2016 (Public Law 114-120, as amended by this Act) is amended to read as follows: > > ## “SEC. 524 TRANSFER, USE, AND DISPOSAL OF TRACT 43 > > > ### “(a) Transfer > > Not later than 30 days after the date of the enactment of the Pribilof Islands Transition Completion Amendments Act of 2016, the Secretary of Commerce shall— > > > #### “(1) > > terminate the license; and > > > #### “(2) > > transfer tract 43 to the Secretary of the department in which the Coast Guard is operating. > > > ### “(b) Determination, Transfer, and Conveyance > > > #### “(1) In general > > Not later than the end of the 90-day period beginning on the date of the transfer required under subsection (a)(2), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a determination of— > > > ##### “(A) > > lands and improvements in tract 43 that are not necessary to carry out Coast Guard communications and search and rescue activities; and > > > ##### “(B) > > the smallest practicable tract enclosing lands and improvements in tract 43 that are necessary to carry out such communications and activities. > > > #### “(2) Surveys, maps, descriptions, and plan > > > ##### “(A) Lands and improvements not necessary to coast guard activities > > The determination under paragraph (1)(A) shall include a metes-and-bounds survey, map, and legal description of the lands and improvements to which the determination applies. Such survey, map, and legal description shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the survey, map, and legal description. > > > ##### “(B) Lands and improvements necessary to coast guard activities > > The determination under paragraph (1)(B) shall include with respect to the lands and improvements to which the determination applies— > > > ###### “(i) > > a metes-and-bounds survey, map, and legal description of such lands and improvements, which shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the survey, map, and legal description; > > > ###### “(ii) > > a description of Coast Guard actual use and occupancy of such lands and improvements intended to occur within 3 years after the date of the enactment of the Pribilof Islands Transition Completion Amendments Act of 2016; and > > > ###### “(iii) > > a plan to maintain existing facilities in useable condition, or demolish or replace those facilities, including a cost estimate for carrying out such plan. > > > #### “(3) Conveyance > > In partial settlement of land claims under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), and not later than 60 days after the submission of the determination under paragraph (1)(A), the Secretary shall convey to the Alaska Native Village Corporation for St. Paul Island all right, title, and interest of the United States in and to the land and improvements depicted on the metes-and-bounds survey, map, and legal description of the lands and improvements to which the determination under paragraph (1)(A) applies. > > > #### “(4) Failure to provide determination > > If a determination under paragraph

(1)is not provided within the period specified in that paragraph, in partial settlement of land claims under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) the Secretary shall, by not later than 30 days after the end of that period, convey all right, title, and interest of the United States in and to tract 43 to the Alaska Native Village Corporation for St. Paul Island. > > > #### “(5) Failure to implement use and occupancy > > If the use and occupancy described in paragraph (2)(B)(ii) have not been fully implemented within 5 years after the date of enactment of the Pribilof Islands Transition Completion Amendments Act of 2016, in partial settlement of land claims under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) the Secretary shall convey to the Alaska Native Village Corporation for St. Paul Island all right, title, and interest of the United States in and to such portions of the lands and improvements to which the determination under paragraph (1)(B) applies and for which such implementation has not occurred. > > > ### “(c) Further Determination and Conveyance > > > #### “(1) In general > > Not later than 5 years after the date of the enactment of the Pribilof Islands Transition Completion Amendments Act of 2016, and not less than once every 5 years thereafter, the Secretary shall— > > > ##### “(A) > > review the determination made under subsection (b)(1)(B); and > > > ##### “(B) > > determine if the lands and improvements to which the determination applies are in excess of the smallest practicable tract enclosing the lands and improvements needed to carry out Coast Guard missions. > > > #### “(2) Report of determination > > When a determination is made under paragraph (1), the Secretary shall report the determination to— > > > ##### “(A) > > the Committee on Transportation and Infrastructure 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. > > > #### “(3) Election to receive > > Not later than 60 days after the date it receives a determination under paragraph (1), 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 of the United States in and to any lands and improvements or a portion of any lands and improvements determined to be in excess of those needed to carry out Coast Guard missions in partial settlement of land claims under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). > > > #### “(4) Conveyance > > If such Alaska Native Village Corporation provides notice under paragraph

(3)that the Alaska Native Village Corporation elects to receive all right, title, and interest of the United States in and to any lands and improvements or a portion of any lands and improvements, in partial settlement of land claims under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) the Secretary shall convey all right, title, and interest of the United States in and to the lands and improvements or portion thereof to such Alaska Native Village Corporation. > > > #### “(5) Other disposal > > If such Alaska Native Village Corporation does not provide notice under paragraph

(3)that the Alaska Native Village Corporation elects to receive all right, title, and interest of the United States in and to any lands and improvements or a portion of any lands and improvements, the Secretary may dispose of the lands and improvements in accordance with other applicable law. > > > ### “(d) CERCLA Not Affected > > No transfer or conveyance of property under this section shall be construed to affect or limit the application of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)). > > > ### “(e) Reports > > > #### “(1) Remediation of contaminated soil > > Not later than 2 years after the date of the enactment of the Pribilof Islands Transition Completion Amendments Act of 2016 and not less than once every 2 years thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure 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 and tract 39; and > > > ##### “(B) > > a schedule for the completion of remediation of contaminated soils on tract 43 and tract 39. > > > #### “(2) Number of coast guard personnel who carried out coast guard missions > > On the 15th day of each month, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a notice detailing the number of Coast Guard personnel who carried out Coast Guard missions on tract 43 during the previous month and what Coast Guard missions were carried out by such personnel. > > > ### “(f) Redundant Capability > > > #### “(1) Rule of construction > > Except as provided in paragraph (2), section 681 of title 14, United States Code, shall not be construed to prohibit any conveyance of lands or improvements 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 conveyance of lands or improvements under this subtitle. > > > #### “(2) Redundant capability > > If, within the 5-year period beginning on the date of the enactment of the Pribilof Islands Transition Completion Amendments Act of 2016, the Secretary determines that communication equipment, including towers, antennae, and transmitters, on property conveyed in accordance with 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— > > > ##### “(A) > > operate, maintain, keep, locate, inspect, repair, and replace such equipment; and > > > ##### “(B) > > in carrying out the activities described in subparagraph (A), enter, at any time, a facility without notice, to the extent that it is not possible to provide advance notice, for as long as such equipment is needed to provide such capability. > > > ### “(g) Federal Use > > In addition to entry under subsection (f)(2)(B), the Secretary may enter property conveyed in accordance with this subtitle for purposes of environmental compliance and remediation after providing advance notice to the property owner to the extent that it is possible to provide such notice. > > > ### “(h) High Frequency Communications > > > #### “(1) Restriction > > Except as provided in paragraph (2), on property contained within the boundaries of tract 43 as in effect on the date of enactment of the Pribilof Islands Transition Completion Amendments Act of 2016, no person may operate or maintain— > > > ##### “(A) > > radio frequency transmitting equipment that produces a signal that exceeds 5 microvolts per meter field intensity, other than such equipment that was in use on the site before the date of the enactment of such Act; or > > > ##### “(B) > > electric welding equipment, electric generating equipment, a diathermy machine, electric motors of any kind having greater than 5 horsepower, or any other machinery, engine, or equipment that causes any electromagnetic interference. > > > #### “(2) Exception > > A person may engage in operations or maintenance otherwise prohibited by paragraph

(1)with the concurrence of the Secretary. > > > ### “(i) Definitions > > For purposes of this section: > > > #### “(1) License > > The term ‘license’ means the agreement dated January 9, 2006, entitled ‘License Agreement Between The Department of Homeland Security, United States Coast Guard, and The Department of Commerce, National Oceanic and Atmospheric Administration’. > > > #### “(2) Tract 39 > > The term ‘tract 39’ means T. 35 S., R. 131 W., Seward Meridian, Alaska, Tract 39, the plat of which was Officially Filed on May 14, 1986, containing 0.90 acres. > > > #### “(3) Tract 43 > > The term ‘tract 43’ means 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, and any improvements on such tract. > > > #### “(4) Secretary > > The term ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating.” > . ###

(b)Chargeability for Lands Conveyed The Secretary of the Interior shall charge against the remaining entitlement of the Alaska Native Village Corporation for St. Paul Island under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) any conveyance of land to such corporation under this subtitle, including the amendments made by this subtitle. ###

(c)Clerical Amendment The table of contents in section 2 of the Coast Guard Authorization Act of 2016 (Public Law 114-120, as amended by this Act) is amended by striking the item relating to section 524 and inserting the following:" “Sec. 524. Transfer, use, and disposal of tract 43.” ". ###

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

(1)in subsection (e)(1), by striking “or section 522 of the Pribilof Island Transition Completion Act of 2015” and inserting “or section 522 of the Pribilof Island Transition Completion Act of 2016, or transferred to the Secretary of the department in which the Coast Guard is operating under section 524 of such Act,”; and ####

(2)in subsection (f)(1), by striking “and not transferred” and inserting “and not transferred to the Secretary of the department in which the Coast Guard is operating under section 524 of the Pribilof Island Transition Completion Act of 2016 or”. ###

(e)Savings Clause The Memorandum of Understanding among the Tanadgusix Corporation, St. Paul Island, Alaska, the Tanaq Corporation, St. George Island, Alaska, and the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce, dated December 22, 1976, regarding Pribilof Islands Land Selections and the establishment and operation of a Joint Management Board, shall remain in effect with respect to land selections and conveyances until all obligations for conveyances under that agreement have been met, and the obligation to maintain a Joint Management Board remains in effect. ## Subtitle C Sexual Harassment and Assault Prevention at the National Oceanic and Atmospheric Administration

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