69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–395 

DENALI NATIONAL PARK AND ALASKA RAILROAD 

EXCHANGE ACT OF 2007 

OCTOBER 22, 2007.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 830] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 830) to authorize the exchange of certain lands in Denali 

National Park in the State of Alaska, having considered the same, 

report favorably thereon with amendments and recommend that 

the bill as amended do pass. 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Denali National Park and Alaska Railroad Exchange Act of 2007’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) CORPORATION.—The term ‘‘Corporation’’ means the Alaska Railroad Corporation owned by the State of Alaska. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

SEC. 3. EXCHANGE. 

(a) IN GENERAL.— 

(1) EASEMENT EXPANDED.—The Secretary is authorized to grant to the Alaska 

Railroad Corporation an exclusive-use easement on land that is identified by 

the Secretary within Denali National Park for the purpose of providing a location to the Corporation for construction, maintenance, and on-going operation 

of track and associated support facilities for turning railroad trains around near 

Denali Park Station. 

(2) EASEMENT RELINQUISHED.—In exchange for the easement granted in paragraph (1), the Secretary shall require the relinquishment of certain portions of 

the Corporation’s existing exclusive use easement within the boundary of Denali 

National Park. 

(b) CONDITIONS OF THE EXCHANGE.— 

(1) EQUAL EXCHANGE.—The exchange of easements under this section shall be 

on an approximately equal-acre basis. 

(2) TOTAL ACRES.—The easement granted under paragraph (1) of subsection 

(a) shall not exceed 25 acres. 


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(3) INTERESTS CONVEYED.—The easement conveyed to the Alaska Railroad 

Corporation by the Secretary under this section shall be under the same terms 

as the exclusive use easement granted to the Railroad in Denali National Park 

in the Deed for Exclusive Use Easement and Railroad Related Improvements 

filed in Book 33, pages 985–994 of the Nenana Recording District, Alaska, pursuant to the Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1201 et seq.). The 

easement relinquished by the Alaska Railroad Corporation to the United States 

under this section shall, with respect to the portion being exchanged, be the full 

title and interest received by the Alaska Railroad in the Deed for Exclusive Use 

Easement and Railroad Related Improvements filed in Book 33, pages 985–994 

of the Nenana Recording District, Alaska, pursuant to the Alaska Railroad 

Transfer Act of 1982 (45 U.S.C. 1201 et seq.). 

(4) COSTS.—The Alaska Railroad shall pay all costs associated with the exchange under this section, including the costs of compliance with the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the costs of any surveys, and other reasonable costs. 

(5) LAND TO BE PART OF WILDERNESS.—The lands underlying any easement 

relinquished to the United States under this section that are adjacent to designated wilderness are hereby designated as wilderness and added to the Denali 

Wilderness, the boundaries of which are modified accordingly, and shall be 

managed in accordance with applicable provisions of the Wilderness Act (78 

Stat. 892) and the Alaska National Interest Lands Conservation Act of 1980 (94 

Stat. 2371). 

(6) OTHER TERMS AND CONDITIONS.—The Secretary shall require any additional terms and conditions under this section that the Secretary determines to 

be appropriate to protect the interests of the United States and of Denali National Park. 

Amend the title so as to read: 

A bill to authorize the exchange of certain interests in land in Denali National 

Park in the State of Alaska 

PURPOSE OF THE BILL

The purpose of H.R. 830, as ordered reported, is to authorize the 

exchange of certain interests in land in Denali National Park in 

the State of Alaska. 

BACKGROUND AND NEED FOR LEGISLATION

The Alaska Railroad Corporation is seeking to modify its exclusive use easement in Denali National Park to give the railroad surface use of approximately 25 acres on which to construct a loop or 

‘‘wye’’ track so that trains may turn around at the Denali National 

Park Station, which is not currently possible. 

In consideration for the expanded easement, the railroad has offered to relinquish its exclusive-use easement on equivalent acreage elsewhere along its corridor through the park. 

The railroad received an easement on the corridor along its 

tracks through the park as part of the 1982 Alaska Railroad Transfer Act, or ARTA (Public Law 97–468). Under ARTA, while the federal railroad’s holdings elsewhere were transferred to the state, the 

rail properties within Denali National Park and Preserve were 

transferred to the Secretary of the Interior as part of the park, subject to an exclusive-use easement. 

That easement affords the state, through the railroad, the exclusive right to ‘‘use, possess, and enjoy the surface state of the land 

subject to this easement for transportation, communication, and 

transmission purposes’’ and for associated support functions. That 

easement extends to as much of the subsurface estate as is needed 

for those purposes. The land itself, however, belongs to the park. 


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According to the railroad, adding a turnaround track at the 

Denali Park Station would help accommodate the increasing popularity of rail travel to the park, eventually leading to more frequent 

and flexible train schedules. Increased train service should mean 

increased visitation to the park without further increasing car congestion. More frequent arrivals of smaller trains would also help to 

disperse visitors, making it easier for the park to handle the summer crowds. 

The exchange of easements requires the consent of Congress and 

the Alaska State Legislature. 

H.R. 830 would authorize the Secretary of the Interior to enter 

into the exchange. The bill, as amended, would authorize the exchange of easements on two equal parcels, each no more than 25 

acres. 

Under the terms of the legislation, the railroad would assume all 

costs associated with the exchange, estimated at between $2 million and $3 million, including the cost of environmental work to 

meet the requirements of the National Environmental Policy Act. 

The lands on which the existing easements are relinquished 

would become part of the Denali Wilderness. 

COMMITTEE ACTION

H.R. 830 was introduced on February 5, 2007, by Representative 

Don Young (R–AK). The bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittee on 

National Parks, Forests and Public Lands. On September 27, 2007, 

the Subcommittee held a hearing on the bill. 

On October 10, 2007, the Subcommittee was discharged from further consideration of the legislation and the Full Natural Resources 

Committee met to consider the bill. Representative Raul Grijalva 

(D–AZ) offered an amendment in the nature of a substitute to clarify that the exchange involves only easements (‘‘interests in lands’’), 

not a trade of lands owned in fee simple by either party. The substitute would authorize the Secretary of the Interior to negotiate a 

change in the terms of the existing exclusive use easement to accommodate the turnaround track; in consideration of that concession, the railroad will relinquish its easement on an approximately 

equal acreage elsewhere along the rail corridor. 

The Grijalva amendment was adopted by unanimous consent and 

the bill as amended was ordered favorably reported to the House 

of Representatives by unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 


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COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that Rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 830—Denali National Park and Alaska Railroad Land Exchange Act of 2007 

H.R. 830 would authorize the Secretary of the Interior to exchange easements on land within the Denali National Park with 

the Alaska Railroad Corporation in order to build a turnaround for 

train traffic arriving at the Denali Park Station. The bill would not 

affect federal ownership of the land, and the Alaska Railroad would 

be responsible for all costs associated with completing the exchange. CBO estimates that implementing H.R. 830 would have no 

significant impact on the federal budget. Enacting the legislation 

would not affect direct spending or revenues. 

H.R. 830 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The bill would authorize the Secretary to grant to the Alaska 

Railroad Corporation an exclusive-use easement—an agreement 

that would allow the Alaska Railroad the right to use a specified 

parcel of land for certain purposes to the exclusion of all others—

on up to 25 acres within the Denali National Park. The easement 

would be for the purposes of constructing and maintaining a turnaround for trains arriving at Denali Park Station from Anchorage 

and Fairbanks. In exchange, the Alaska Railroad would be required to relinquish an equal amount of land that is subject to an 

exclusive-use easement between the federal government and the 

railroad under current law. Any exchange that takes place under 

the bill would not affect federal ownership of either piece of land, 

and the Alaska Railroad would be responsible for all costs associated with completing the land exchange. As such, CBO estimates 

that implementing H.R. 830 would have no significant impact on 

the federal budget. 


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The CBO staff contact for this estimate is Daniel Hoople. This 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 830 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

Æ 


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