Page:United States Statutes at Large Volume 123.djvu/1201

 123STA T . 11 8 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9ordeni ed no tla ter t h an 1y ear a f ter the date of a p pli c ation for the per m it .( d )AP P LICAB L EL A W . —N othin g in thi s section amends , or modi - fies the application of, section 111 0 of the Alas k a National I nterest Lands C onser v ation Act (1 6U . S .C. 3 1 7 0). (e) M I T I G ATI ONP LAN.— (1) IN GENE R AL.— B ased on the eval u ation of impacts deter- mined through the completion of the environmental impact statement under section 6 4 0 2 ( b )(2), the Secretary, in consulta- tion w ith the entities described in section 6402(b)(3)(B), shall develop an enforceable mitigation plan. (2) CORRECTI V E M O D I F ICATION S .— T he Secretary may make corrective modifications to the mitigation plan developed under paragraph (1) if— (A) the mitigation standards re q uired under the mitiga- tion plan are maintained and (B) the Secretary provides an opportunity for public comment with respect to any proposed corrective modifica- tion. (3) AVOIDANCE OF WILDLIFE IMPACTS.— R oad construction shall adhere to any specific mitigation measures included in the Record of D ecision for F inal E nvironmental Impact State- ment required in section 6402(b)(2) that— (A) identify critical periods during the calendar year when the refuge is utili z ed by wildlife, especially migratory birds; and (B) include specific mandatory strategies to alter, limit or halt construction activities during identified high risk periods in order to minimize impacts to wildlife, and (C) allow for the timely construction of the road. (4) MITIGATION OF WETLAND LOSS.—The plan developed under this subsection shall comply with section 404 of the Federal W ater Pollution Control Act (33 U.S.C. 1344) with regard to minimizing, to the greatest e x tent practicable, the filling, fragmentation or loss of wetlands, especially intertidal wetlands, and shall evaluate mitigating effect of those wetlands transferred in Federal ownership under the provisions of this subtitle. SEC.640 4. ADMIN IS TR ATI O NO F CON V E Y ED L ANDS. (1) FEDERAL LAND.—Upon completion of the land exchange under section 6402(a)— (A) the boundary of the land designated as wilderness within the Refuge shall be modified to exclude the Federal land conveyed to the State under the land exchange; and (B) the Federal land located on Sitkinak Island that is withdrawn for use by the Coast G uard shall, at the request of the State, be transferred by the Secretary to the State upon the relinquishment or termination of the withdrawal. (2) NON-FEDERAL LAND.—Upon completion of the land exchange under section 6402(a), the non-Federal land conveyed to the United States under this subtitle shall be— (A) added to the Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate, as generally depicted on the map; and