69–010 

Calendar No. 146 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–109 

AMENDING THE DENALI NATIONAL PARK IMPROVEMENT ACT TO CLARIFY 

CERTAIN PROVISIONS RELATING TO THE NATURAL GAS PIPELINE AUTHORIZED IN THE DENALI NATIONAL PARK AND PRESERVE 

JUNE 14, 2017.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 217] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 217) to amend the Denali Park Improvement 

Act to clarify certain provisions relating to the natural gas pipeline 

authorized in the Denali National Park and Preserve, having considered the same, reports favorably thereon without amendment 

and recommends that the bill do pass. 

PURPOSE

The purpose of S. 217 is to amend the Denali National Park Improvement Act to clarify certain provisions relating to the natural 

gas pipeline authorized in the Denali National Park and Preserve. 

BACKGROUND AND NEED

Electricity in south-central Alaska is largely generated by burning natural gas produced from the gas fields in Cook Inlet, just 

south of Anchorage, although production in Cook Inlet is declining. 

There are concerns regarding the region’s ability to produce sufficient gas to support the area’s population in the future. Plans for 

a large-volume natural gas pipeline to run from the Prudhoe Bay 

oil fields to the Lower 48 States is underway, along with a smallerdiameter pipeline, to provide natural gas to south-central Alaska to 

meet medium-term demand. 

The Denali National Park Improvement Act (Public Law 113–33) 

authorized the Secretary of the Interior to issue right-of-way permits for the natural gas pipeline to run through a small non-wilVerDate Sep 11 2014 04:40 Jun 15, 2017 Jkt 069006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR109.XXX SR109
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derness portion of Denali National Park, generally along an approximately seven-mile stretch near the Parks Highway. Under the 

statute, the permits could only be issued if consistent with National Park System laws applicable to utility rights-of-way, approved in accordance with title XI of the Alaska National Interest 

Lands Conservation Act of 1980 (ANILCA, 16 U.S.C. 3161 et seq.), 

and analyzed under the National Environmental Policy Act (42 

U.S.C. 4321 et seq.). 

Based on studies over the last four years, the Alaska LNG 

Project, working with the National Park Service (NPS), has found 

that the route for the pipeline through the park needs to be slightly 

altered to accommodate a seismic hazard: a fault line near Lynx 

Creek south of the Park’s headquarters complex. In addition, it was 

discovered that applying the additional regulatory process under 

ANILCA to the gas pipeline was duplicative and impracticable, as 

it would require simultaneous permitting for all federal authorizations for the entire project. 

S. 217 would amend the Denali National Park Improvement Act 

to provide flexibility to reroute the pipeline through the Park to 

avoid the seismic hazard, provided the route remains out of wilderness and provides other benefits to the Park. The change in route 

is expected to provide the ability to construct a gas offtake point 

to allow for gas deliveries in the area, including to the NPS, to heat 

park buildings, and for operation of park vehicles. The change in 

route may also facilitate construction of a bicycle-walking path 

through the Park. S. 217 would also remove the additional regulatory process under ANILCA for the gas pipeline. This change 

would allow project developers to request permits for either the 

small-diameter pipeline or the large volume pipeline at a different 

time than when any pipeline project applies for all of its right-ofway permits for the roughly 800-mile transmission system. 

LEGISLATIVE HISTORY

Senators Murkowski and Sullivan introduced S. 217 on January 

24, 2017. 

In the 114th Congress, a similar measure was included in 

Amendment No. 3308, which the Senate agreed to on April 19, 

2016, as an amendment to S. 2012, the Energy Policy Modernization Act of 2016, which the Senate passed, as amended, on April 

20, 2016. 

The Committee on Energy and Natural Resources met in open 

business session, on March 30, 2017, and ordered S. 217 favorably 

reported. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on March 30, 2017, by a majority voice vote 

of a quorum present, recommends that the Senate pass S. 217. 

SECTION-BY-SECTION ANALYSIS

Section 1 (a) amends section 3(b)(1) of the Denali National Park 

Improvement Act (Public Law 113–33) by striking the limitation 

that any pipeline through the Park must be located ‘‘within, along, 

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or near’’ the George Parks Highway, thus allowing the route to deviate from the highway corridor where needed. 

Subsection (b) makes technical changes to section 3(c)(1) of the 

Denali National Park Improvement Act. 

Subsection (c) amends section 3 of the Denali National Park Improvement Act to exempt a high pressure gas transmission pipeline, including appurtenances, located in a non-wilderness area of 

the Park, from the terms of title XI of ANILCA (16 U.S.C. 3161 et 

seq.). 

S. 217 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office. 

Based on information provided by the National Park Service 

(NPS), CBO estimates that implementing S. 217 would have no significant effect on the federal budget. The bill would: 

• Expand the area in Denali National Park in Alaska where 

the NPS may issue right-of-way permits for the development 

of natural gas and utility pipelines; and 

• Exempt applications for right-of-way permits from certain 

provisions of the Alaska National Interest Lands Conservation 

Act that require multiple federal agencies to review such 

projects. 

If pipeline operators seek additional right-of-way permits from 

the NPS as a result of S.217’s enactment, the agency could collect 

and spend additional fees to recover costs associated with issuing 

permits. CBO estimates that total collections under the bill would 

be insignificant over the 2018–2027 period, and the net effect on 

direct spending would be negligible. Because enacting S. 217 would 

affect direct spending, pay-as-you-go procedures apply. Enacting 

the bill would not affect revenues. 

CBO estimates that enacting S. 217 would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2028. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 217. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

provision. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 217, as ordered reported. 

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CONGRESSIONALLY DIRECTED SPENDING

S. 217, as ordered reported, does not contain any congressionally 

directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

Executive Communications on S. 217 were not requested by the 

Committee on Energy and Natural Resources in the 115th Congress. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by S. 217, as ordered reported, are shown as follows (existing law proposed to be 

omitted is enclosed in black brackets, new matter is printed in 

italic, existing law is which no change is proposed is shown in 

roman): 

DENALI NATIONAL PARK IMPROVEMENT ACT 

PUBLIC LAW 113–33 

* * * * * * * 

SEC. 3. DENALI NATIONAL PARK AND PRESERVE NATURAL GAS PIPELINE. 

* * * * * * * 

(b) PERMIT.—The Secretary may issue right-of-way permits for— 

(1) a high-pressure natural gas transmission pipeline (including appurtenances) in nonwilderness areas within the boundary of Denali National Park øwithin, along, or near the approximately 7-mile segment of the George Parks Highway that 

runs through the Park¿; and 

(2) any distribution and transmission pipelines and appurtenances that the Secretary determines to be necessary to provide natural gas supply to the Park. 

(c) TERMS AND CONDITIONS.—A permit authorized under subsection (b)— 

(1) may be issued only— 

(A) if the permit is consistent with the laws (including 

regulations) generally applicable to utility rights-of-way 

within units of the National Park System; and 

ø(B) in accordance with section 1106(a) of the Alaska 

National Interest Lands Conservation Act (16 U.S.C. 

3166(a)); and¿ 

ø(C)¿ (B) if, following an appropriate analysis prepared 

in compliance with the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.), the route of the right-ofway is the route through the Park with the least adverse 

environmental effects for the Park; and 

(2) shall be subject to such terms and conditions as the Secretary determines to be necessary. 

(d) APPLICABLE LAW.—A high pressure gas transmission pipeline 

(including appurtenances) in a nonwilderness area within the 

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boundary of the Park, shall not be subject to title XI of the Alaska 

National Interest Lands Conservation Act (16 U.S.C. 3161 et seq.). 

* * * * * * * 

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