123STA T . 11 79PUBLIC LA W 111 – 11 —M A R .3 0, 2009 Nation a lE n v i r on me ntal P oli cyA cto f196 9 (42U.S . C .4 3 21 et s e q . ) . ( B ) REQUIR E M E NTS . —Th e environmental im p act state - ment prepare du nder su b para g raph (A) shall contain— (i) an analysis of— ( I ) the proposed land e x change
and (II) the potential construction and operation of a road bet w een the communities of K ing Cove and Cold Bay , Alas k a; and (ii) an evaluation of a specific road corridor through the Refuge that is identified in consultation with the State, the City of King Cove, Alaska, and the Tribe. (3) C O O P ER A TIN G AGEN C IES.— (A) IN GENERA L .— D uring the preparation of the environmental impact statement under paragraph (2), each entity described in subparagraph (B) may participate as a cooperating agency. (B) AUT H ORI Z E D ENTITIES.—An authori z ed entity may include— (i) any F ederal agency that has permitting j urisdic- tion over the road described in paragraph (2)(B)(i)(II); (ii) the State; (iii) the Aleutians East Borough of the State; (iv) the City of King Cove, Alaska; (v) the Tribe; and (vi) the Alaska M igratory Bird Co-Management Council. (c) V ALUATION.—The conveyance of the Federal land and non- Federal land under this section shall not be subject to any require- ment under any Federal law (including regulations) relating to the valuation, appraisal, or equalization of land. (d) PU B LIC INTEREST DETERMINATION.— (1) CONDITIONS F OR LAND E X CHANGE.—Subject to para- graph (2), to carry out the land exchange under subsection (a), the Secretary shall determine that the land exchange (including the construction of a road between the City of King Cove, Alaska, and the Cold Bay Airport) is in the public interest. (2) L IMITATION OF AUTHORIT Y OF SECRETARY.—The Sec- retary may not, as a condition for a finding that the land exchange is in the public interest— (A) require the State or the Corporation to convey additional land to the United States; or (B) impose any restriction on the subsistence uses (as defined in section 80 3 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3113)) of waterfowl by rural residents of the State. (e) KINZAROFF LAGOON.—The land exchange under subsection (a) shall not be carried out before the date on which the parcel of land owned by the State that is located in the Kinzaroff Lagoon has been designated by the State as a State refuge, in accordance with the applicable laws (including regulations) of the State. (f) DESIGNATION OF ROAD CORRIDOR.—In designating the road corridor described in subsection (b)(2)(B)(ii), the Secretary shall— (1) minimize the adverse impact of the road corridor on the Refuge; Waterfowl.
