II 

Calendar No. 290 

112TH CONGRESS 

2D SESSION H. R. 441 

[Report No. 112–129] 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 31, 2011 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

JANUARY 13, 2012 

Reported under authority of the order of the Senate of December 17, 2011, 

by Mr. BINGAMAN, without amendment 

AN ACT 

To authorize the Secretary of the Interior to issue permits 

for microhydro projects in nonwilderness areas within 

the boundaries of Denali National Park and Preserve, 

to acquire land for Denali National Park and Preserve 

from Doyon Tourism, Inc., and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Kantishna Hills Re5 newable Energy Act of 2011’’. 


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•HR 441 RS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPURTENANCE.—The term ‘‘appur4 tenance’’ includes— 

5 (A) transmission lines; 

6 (B) distribution lines; 

7 (C) signs; 

8 (D) buried communication lines; 

9 (E) necessary access routes for microhydro 

10 project construction, operation, and mainte11 nance; and 

12 (F) electric cables. 

13 (2) KANTISHNA HILLS AREA.—The term 

14 ‘‘Kantishna Hills area’’ means the area of the Park 

15 located within 2 miles of Moose Creek, as depicted 

16 on the map. 

17 (3) MAP.—The term ‘‘map’’ means the map en18 titled ‘‘Kantishna Hills Micro-Hydro Area’’, num19 bered 184/80,276, and dated August 27, 2010. 

20 (4) MICROHYDRO PROJECT.— 

21 (A) IN GENERAL.—The term ‘‘microhydro 

22 project’’ means a hydroelectric power gener23 ating facility with a maximum power generation 

24 capability of 100 kilowatts. 

25 (B) INCLUSIONS.—The term ‘‘microhydro 

26 project’’ includes— 


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•HR 441 RS

1 (i) intake pipelines, including the in2 take pipeline located on Eureka Creek, approximately 1 3 ⁄2 mile upstream from the 

4 Park Road, as depicted on the map; 

5 (ii) each system appurtenance of the 

6 microhydro projects; and 

7 (iii) any distribution or transmission 

8 lines required to serve the Kantishna Hills 

9 area. 

10 (5) PARK.—The term ‘‘Park’’ means the Denali 

11 National Park and Preserve. 

12 (6) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 SEC. 3. PERMITS FOR MICROHYDRO PROJECTS. 

15 (a) IN GENERAL.—The Secretary may issue permits 

16 for microhydro projects in the Kantishna Hills area. 

17 (b) TERMS AND CONDITIONS.—Each permit under 

18 subsection (a) shall be— 

19 (1) issued in accordance with such terms and 

20 conditions as are generally applicable to rights-of21 way within units of the National Park System; and 

22 (2) subject to such other terms and conditions 

23 as the Secretary determines to be necessary. 

24 (c) COMPLETION OF ENVIRONMENTAL ANALYSIS.— 

25 Not later than 180 days after the date on which an appliVerDate Mar 15 2010 00:36 Jan 14, 2012 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H441.RS H441

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•HR 441 RS

1 cant submits an application for the issuance of a permit 

2 under this section, the Secretary shall complete any anal3 ysis required by the National Environment Policy Act of 

4 1969 (42 U.S.C. 4321 et seq.) of any proposed or existing 

5 microhydro projects located in the Kantishna Hills area. 

6 SEC. 4. LAND EXCHANGE. 

7 (a) IN GENERAL.—For the purpose of consolidating 

8 ownership of Park and Doyon Tourism, Inc. lands, includ9 ing those lands affected solely by the Doyon Tourism 

10 microhydro project, and subject to subsection (d), the Sec11 retary may exchange Park land near or adjacent to land 

12 owned by Doyon Tourism, Inc., located at the mouth of 

13 Eureka Creek in sec. 13, T.16 S., R. 18 W., Fairbanks 

14 Meridian, for approximately 18 acres of land owned by 

15 Doyon Tourism, Inc., within the Galena patented mining 

16 claim. 

17 (b) MAP AVAILABILITY.—The map shall be on file 

18 and available for public inspection in the appropriate of19 fices of the National Park Service. 

20 (c) TIMING.—The Secretary shall seek to complete 

21 the exchange under this section by not later than Feb22 ruary 1, 2015. 

23 (d) APPLICABLE LAWS; TERMS AND CONDITIONS.— 

24 The exchange under this section shall be subject to— 


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•HR 441 RS

1 (1) the laws (including regulations) and policies 

2 applicable to exchanges of land administered by the 

3 National Park Service, including the laws and poli4 cies concerning land appraisals, equalization of val5 ues, and environmental compliance; and 

6 (2) such terms and conditions as the Secretary 

7 determines to be necessary. 

8 (e) EQUALIZATION OF VALUES.—If the tracts pro9 posed for exchange under this section are determined not 

10 to be equal in value, an equalization of values may be 

11 achieved by adjusting the quantity of acres described in 

12 subsection (a). 

13 (f) ADMINISTRATION.—The land acquired by the Sec14 retary pursuant to the exchange under this section shall 

15 be administered as part of the Park. 


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Calendar No. 290 

112TH CONGRESS 

2D SESSION H. R. 441 

[Report No. 112–129] 

AN ACT 

To authorize the Secretary of the Interior to issue 

ism, Inc., and for other purposes. National Park and Preserve from Doyon TourPark and Preserve, to acquire land for Denali areas within the boundaries of Denali National permits for microhydro projects in nonwilderness 

JANUARY 13, 2012 

Reported without amendment 


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