123STA T . 11 80PUBLIC LA W 111 – 11 —M A R .30 , 200 9(2)transfe rt h e mi nim u ma c rea g e o f F e d era l land that is re q uired for the construction of the road corridor
and ( 3 )tothema x imum extent p ractica b le , incorporate into the road corridor roads that are in existence as of the date of enactment of this A ct . (g) A D D IT I ONALTERMS AND C ONDITIONS. — The land exchange under subsection (a) shall be sub j ect to an y other term or condition that the S ecretary determines to be necessary. SEC.6403 . KING C OV E R O AD . (a) R E QU IREMENTS RELATIN G TO U SE, B ARRIER CA B LES, AND D IMENSIONS.— ( 1 ) L IMITATIONS ON USE.— (A) I N GENERAL.— E xcept as pro v ided in subparagraph (B), any portion of the road constructed on the Federal land conveyed pursuant to this subtitle shall be used pri - marily for health and safety purposes (including access to and from the Cold Bay Airport) and only for noncommer- cial purposes. (B) E XC E P TIONS.— N ot w ithstanding subparagraph (A), the use of taxis, commercial vans for public transportation, and shared rides (other than organi z ed transportation of employees to a business or other commercial facility) shall be allowed on the road described in subparagraph (A). (C) REQUIREMENT O F AGREEMENT.—The limitations of the use of the road described in this paragraph shall be enforced in accordance with an agreement entered into between the Secretary and the State. (2) REQUIREMENT OF BARRIER CABLE.—The road described in paragraph (1)(A) shall be constructed to include a cable barrier on each side of the road, as described in the record of decision entitled ‘ ‘ M itigation Measure MM – 11, K ing Cove Access P roject Final Environmental Impact Statement Record of Decision ’ ’ and dated J anuary 22, 2 0 0 4 , unless a different type barrier is required as a mitigation measure in the Record of Decision for Final Environmental Impact Statement required in section 6 402(b)(2). (3) REQUIRED DIMENSIONS AND DESIGN FEATURES.—The road described in paragraph (1)(A) shall— (A) have a width of not greater than a single lane, in accordance with the applicable road standards of the State; (B) be constructed with gravel; (C) be constructed to comply with any specific design features identified in the Record of Decision for Final Environmental Impact Statement required in section 6402(b)(2) as Mitigation Measures relative to the passage and migration of wildlife, and also the exchange of tidal flows, where applicable, in accordance with applicable Fed- eral and State design standards; and (D) if determined to be necessary, be constructed to include appropriate safety pullouts. (b) SUPPORT FACILITIES.—Support facilities for the road described in subsection (a)(1)(A) shall not be located within the Refuge. (c) FEDERAL PERMITS.—It is the intent of Congress that any Federal permit required for construction of the road be issued Deadlin e .
