A Lifeline for Safety, Health, and Heritage
On November 13, 2024, the US Fish & Wildlife Service released the draft Supplemental Environmental Impact Statement (SEIS) for public review. The draft SEIS includes updated analyses and introduces a new land exchange alternative for consideration (see here for summary). To submit a public comment on the SEIS, click the button below.
Click Here for Draft Comments
For decades, the community of King Cove has pleaded for safe and reliable road access to the nearby Cold Bay airport. The road is a much-needed vital link for the preservation of public health, access to medical care, and essential services, especially during emergencies when adverse weather conditions often render air and sea travel hazardous or impossible.
The Unangax̂/Aleut people have been the custodians these lands since time immemorial. The road is not simply a practical solution to access essential services, but also a fundamental matter of human rights and environmental justice.
When the Izembek National Wildlife Refuge (Izembek) was created by Congress, the government appropriated customary and traditional lands without the consent of the Unangax̂ people. This action followed generations of ruinous federal actions toward Native people, which ignored Native sovereignty and essential needs. For the Unangax̂ people, this included forced displacement during World War II, boarding schools starting in the late 19th century, and the exploitation of labor in the Pribilofs during the fur seal trade (from the late 1800s to the mid-20th century), a system often likened to modern-day slavery due to its harsh conditions and lack of freedom.
The Unangax̂ people rely on the land in the Izembek area for subsistence, cultural practices, and survival. The establishment of Izembek restricted access to these resources, complicating the ability to hunt, fish, and gather in Unangax̂ ancestral lands. The traditional custodians of these lands were excluded from the decision-making process — their knowledge of the land and needs were not adequately considered when Izembek’s boundaries were drawn and land use restrictions were unilaterally imposed. This reinforced feelings of marginalization and mistrust toward federal land management policies.
The creation of the Izembek without the consent of the Alaska Native people on whose land it appropriated exemplifies the historical tension between federal “conservation” priorities and Indigenous land rights. This issue is at the heart of debates over the proposed land exchange to facilitate road construction, with the King Cove community framing the road as both a practical necessity and a correction of past and ongoing injustices.
Since 2013, King Cove has been forced to endure an over 257 medevacs. Most occurred in dangerous weather conditions, and many had to be carried out by the U.S. Coast Guard, risking the lives of crews and patients alike.
Geographical Context
King Cove, Alaska (population 750) is located in the Aleutians East Borough (AEB) in southwest Alaska. The area is remote and is located where the North Pacific Ocean meets the Bering Sea. The area is known for harsh weather — high winds, rough seas, and fog or persistent clouds occur frequently.
These conditions are not unusual for other small, rural communities in Alaska, but King Cove is different in one key respect: it lies 18 miles from the Cold Bay Airport, which has a 10,000-foot jet-capable runway originally built by the military and now maintained as an emergency landing location on the great circle routes between North America and Asia. Several plane crashes, many harrowing tales, and near misses trying to get patients evacuated to Anchorage for medical emergencies by small plane or by boat from King Cove to Cold Bay have highlighted the difficulty of travel in the area, particularly under emergency circumstances.
King Cove and Cold Bay are separated by less than thirty miles, however, there is currently no road connection between the two communities due to Izembek. All lands surrounding these two communities fall either within the Izembek National Wildlife Refuge or the Alaska Peninsula Wildlife Refuge. However, there are 40 miles of existing road in Izembek today and on the King Cove side, there is a gravel road leading up to the Izembek boundary. Only 11 miles are needed to connect to existing roads on either end.
The legal obstacle to road construction is the “wilderness” status of the lands within the Izembek Refuge where the road would be built, where motorized traffic is prohibited. The U.S. Fish and Wildlife Service (FWS) has informed the Aleutians East Borough and the Alaska Native village corporation, the King Cove Corporation, that legislation to authorize the road through the Refuge is required, even though the majority of the road would be routed through lands currently owned by the King Cove Corporation.
Conservationists oppose the proposed road due to concerns over marine estuary and eelgrass habitat. Residents of the Aleut and Pribilof Island region strongly support the road construction and believe that the benefits to the public outweigh the concerns.
There is precedent for road construction through public lands, and the State of Alaska has demonstrated that roads can be built in a manner which minimizes and mitigates the impacts on marine and wildlife habitat. The following is a discussion of the safety, social, economic, and ecological considerations relating to the proposed road project.
Timeline of Events
1960
The communities of King Cove and Cold Bay were separated in 1960 when the federal government created the 315,000-acre Izembek National Wildlife Range.
1980s
Congress renamed the Izembek National Wildlife Range the “Izembek National Wildlife Refuge.” Without consulting the traditional custodians of the land, Congress designated virtually all of Izembek’s 315,000 acres as “wilderness.”
- The wilderness designation imposed the highest level of restrictions against land use, reducing the ability of the Unangax̂ people to use their customary lands in the manner they saw fit.
2009
Congress approved a land swap between the U.S. government and King Cove Corporation with the goal to construct the road but the project was set aside in 2013.
12/23/2013
Former Interior Secretary Sally Jewell announced she will not allow the simple road to be built to connect two existing roads on either side of the Izembek National Wildlife Refuge despite being approved by Congress on a bipartisan basis.
2015
Assessment of Alternatives Study is published
- Full Report: https://www.energy.senate.gov/services/files/D8EA08E9-75F1-4D79-A833-87EE91616819
- Please see Table in 7A
January 22, 2018
Dept of Interior signed an agreement authorizing small land exchange with full support from the Alaska delegation
- Congressman Young’s statement: “In 2013, Sally Jewell decided that birds were more important than people, and today we finally have a Secretary who takes the life and death of Alaska Natives seriously.”
March 29, 2019
In a lawsuit filed by environmentalist groups, in which the Agdaagux Tribe of King Cove, the City of King Cove, the City of Cold Bay, the Native Village of Belkofski, King Cove Corporation, and the Aleutians East Borough intervened as defendants, U.S. District Court Judge Sharon Gleason issued an order blocking a land exchange to facilitate construction of the King Cove road.
Senator Lisa Murkowski issued the following statement in response to this ruling.
“This is a disappointing case and a disappointing ruling,” Murkowski said. “There have been nearly 100 medevacs in King Cove – many carried out by the Coast Guard – since 2014 alone. There is no question that the people who live there need a single-lane, gravel, non-commercial road to protect their health and safety. I will never stop until this road is a reality and the nearly 1,000 residents of this isolated community have a lifeline for emergency medical care.”
May 21, 2019
The President of King Cove Corporation wrote to the Secretary of the Interior, proposing a different land exchange to facilitate road construction.
July 2019
A new land exchange agreement was signed. Appellate litigation over the prior land exchange was dismissed.
June 1, 2020
In yet another lawsuit filed by environmentalist organizations, in which King Cove Corporation, the Agdaagux Tribe of King Cove, the Native Village of Belkofski, and the State of Alaska intervened as defendants, U.S. District Court Judge John Sedwick blocked the latest land exchange.
March 16, 2022
The Ninth Circuit Court of Appeals reversed U.S. District Court Judge Sedwick’s ruling. The appellate court explained that Judge Sedwick’s determination that ANILCA was focused on “preservation and subsistence” was too narrow. Contrary to the lower court’s ruling, one of the purposes of ANILCA is to “address the economic and social needs of Alaskans.” The Ninth Circuit also held that Judge Sedwick erred in determining the Secretary violated the Administrative Procedure Act by departing from his predecessor Sally Jewel’s position on a land exchange without adequate explanation. Rather, the Ninth Circuit explained:
“Here, the decision whether to approve the land exchange required balancing two competing objectives, with the outcome depending on which one was given greater weight. Secretary Bernhardt stated: “While I appreciate that Secretary Jewell placed greater weight on protecting ‘the unique resources the Department administers for the entire Nation,’ I choose to place greater weight on the welfare and well-being of the Alaska Native people who call King Cove home.” The choice to place greater weight on the interests of King Cove residents sufficiently explained the change in policy. And the Secretary was entitled in 2019 “to give more weight to socioeconomic concerns” than his predecessor had in 2013, “even on precisely the same record.”
December 13, 2022
Environmentalist groups petitioned the Ninth Circuit Court of Appeals to review the March 16, 2022, decision with a larger group of judges. The full court listened to their arguments.
March 14, 2023
Interior Secretary Deb Haaland withdrew from the 2019 land exchange agreement.
May 17, 2023
The U.S. Fish and Wildlife Service (USFWS) published a Notice of Intent to prepare a Supplemental Environmental Impact Statement (SEIS) evaluating the effects of a proposed land exchange involving lands owned by the King Cove Corporation and the Interior Department within the Izembek National Wildlife Refuge.
June 15, 2023
The Ninth Circuit Court of Appeals granted the government’s motion to dismiss the appeal, which was based on the notion that the issue was moot due to Secretary Haaland’s withdrawal from the agreement. The appeal was dismissed, and Judge Sedwick’s 2020 ruling was also vacated.
November 13, 2024
USFWS released the draft SEIS for public review, analyzing the proposed land exchange and its potential impacts. The draft includes updated analyses and introduces a new land exchange alternative for consideration. The public comment period was opened to gather input on the draft SEIS.
Proposed Solutions (Alternatives) Included in SEIS
The U.S. Fish and Wildlife Service (USFWS) has evaluated six alternatives regarding the proposed land exchange and road construction between King Cove and Cold Bay, Alaska. These alternatives are detailed in the 2013 Environmental Impact Statement (EIS) and the 2024 Draft Supplemental Environmental Impact Statement (SEIS). Below is a summary of each alternative:
Alternative 1
No Action
Description: Maintains the current situation without a land exchange or road construction. Existing transportation methods, such as air travel and personal marine vessels, would continue to serve the communities.
Implications: Does not address the transportation challenges faced by King Cove residents, including limited access to medical facilities during adverse weather conditions.
Alternative 2
Land Exchange with Southern Road Alignment
(No longer a possible option.)
Description: Proposes a land exchange to facilitate the construction of an 18.5-mile single-lane gravel road along a southern route through the Izembek National Wildlife Refuge.
Implications: Would provide a direct land route between King Cove and Cold Bay but could impact designated wilderness areas and wildlife habitats.
Alternative 3
Land Exchange with Central Road Alignment
(No longer a possible option.)
Description: Suggests a land exchange for constructing a single-lane gravel road following a central alignment through the refuge.
Implications: Similar to Alternative 2, this would offer a land connection but poses potential environmental concerns due to its path through protected areas.
Alternative 4
Hovercraft Operations
Description: Recommends operating a hovercraft service between King Cove and Cold Bay, utilizing existing infrastructure.
Implications: Provides a transportation solution with minimal environmental disturbance but has previously faced challenges related to operational costs and reliability.
Alternative 5
Lenard Harbor Ferry with Cold Bay Dock Improvement
Description: Involves operating a ferry service between Lenard Harbor and Cold Bay, including necessary improvements to the Cold Bay dock.
Implications: Offers an alternative marine route; however, its effectiveness is subject to weather conditions and may not fully resolve access issues during emergencies.
Alternative 6
New Land Exchange Proposal (2024 SEIS)
Description: Introduces a new land exchange alternative aimed at constructing a noncommercial road for health, safety, and subsistence purposes, with updated analyses and considerations.
Implications: Seeks to balance community needs with conservation efforts, proposing the addition of approximately 30,000 acres to the refuge system, including over 1,700 acres designated as Wilderness status.
Recommended Alternative #6
The U.S. Fish and Wildlife Service (USFWS) has released a draft Supplemental Environmental Impact Statement (SEIS) that identifies a preferred alternative involving a land exchange with the King Cove Corporation. This exchange would facilitate the construction of a noncommercial, single-lane gravel road connecting King Cove to Cold Bay through the Izembek National Wildlife Refuge.
The primary objectives of this alternative are to provide safe, reliable, year-round transportation for health, safety, and subsistence purposes for King Cove residents, while enhancing the conservation values of the National Wildlife Refuge System. The USFWS is currently seeking public input on the draft SEIS before making a final decision.
More details about the Land Swap
The proposed land exchange entails transferring approximately 490 acres of refuge land to the King Cove Corporation in exchange for about 31,198 acres of land owned by the corporation.
How to Submit Public Comments
The deadline to submit public comments has been extended to February 13.
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