IIB 

112TH CONGRESS 

1ST SESSION H. R. 441 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 31, 2011 

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

Resources 

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, 


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HR 441 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Kantishna Hills Re3 newable Energy Act of 2011’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) APPURTENANCE.—The term ‘‘appur7 tenance’’ includes— 

8 (A) transmission lines; 

9 (B) distribution lines; 

10 (C) signs; 

11 (D) buried communication lines; 

12 (E) necessary access routes for microhydro 

13 project construction, operation, and mainte14 nance; and 

15 (F) electric cables. 

16 (2) KANTISHNA HILLS AREA.—The term 

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

18 located within 2 miles of Moose Creek, as depicted 

19 on the map. 

20 (3) MAP.—The term ‘‘map’’ means the map en21 titled ‘‘Kantishna Hills Micro-Hydro Area’’, num22 bered 184/80,276, and dated August 27, 2010. 

23 (4) MICROHYDRO PROJECT.— 

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

25 project’’ means a hydroelectric power generVerDate Mar 15 2010 23:24 Oct 31, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H441.RFS H441

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HR 441 RFS 

1 ating facility with a maximum power generation 

2 capability of 100 kilowatts. 

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

4 project’’ includes— 

5 (i) intake pipelines, including the in6 take pipeline located on Eureka Creek, approximately 1 7 ⁄2 mile upstream from the 

8 Park Road, as depicted on the map; 

9 (ii) each system appurtenance of the 

10 microhydro projects; and 

11 (iii) any distribution or transmission 

12 lines required to serve the Kantishna Hills 

13 area. 

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

15 National Park and Preserve. 

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

17 the Secretary of the Interior. 

18 SEC. 3. PERMITS FOR MICROHYDRO PROJECTS. 

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

20 for microhydro projects in the Kantishna Hills area. 

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

22 subsection (a) shall be— 

23 (1) issued in accordance with such terms and 

24 conditions as are generally applicable to rights-of25 way within units of the National Park System; and 


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HR 441 RFS 

1 (2) subject to such other terms and conditions 

2 as the Secretary determines to be necessary. 

3 (c) COMPLETION OF ENVIRONMENTAL ANALYSIS.— 

4 Not later than 180 days after the date on which an appli5 cant submits an application for the issuance of a permit 

6 under this section, the Secretary shall complete any anal7 ysis required by the National Environment Policy Act of 

8 1969 (42 U.S.C. 4321 et seq.) of any proposed or existing 

9 microhydro projects located in the Kantishna Hills area. 

10 SEC. 4. LAND EXCHANGE. 

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

12 ownership of Park and Doyon Tourism, Inc. lands, includ13 ing those lands affected solely by the Doyon Tourism 

14 microhydro project, and subject to subsection (d), the Sec15 retary may exchange Park land near or adjacent to land 

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

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

18 Meridian, for approximately 18 acres of land owned by 

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

20 claim. 

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

22 and available for public inspection in the appropriate of23 fices of the National Park Service. 


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HR 441 RFS 

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

2 the exchange under this section by not later than Feb3 ruary 1, 2015. 

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

5 The exchange under this section shall be subject to— 

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

7 applicable to exchanges of land administered by the 

8 National Park Service, including the laws and poli9 cies concerning land appraisals, equalization of val10 ues, and environmental compliance; and 

11 (2) such terms and conditions as the Secretary 

12 determines to be necessary. 

13 (e) EQUALIZATION OF VALUES.—If the tracts pro14 posed for exchange under this section are determined not 

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

16 achieved by adjusting the quantity of acres described in 

17 subsection (a). 

18 (f) ADMINISTRATION.—The land acquired by the Sec19 retary pursuant to the exchange under this section shall 

20 be administered as part of the Park. 

Passed the House of Representatives October 24, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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