Calendar No. 545

105TH CONGRESS

2D SESSION S. 2109

[Report No. 105–306]

A BILL

To provide for an exchange of lands located near

Gustavus, Alaska, and for other purposes.

SEPTEMBER 8 (legislative day, AUGUST 31), 1998

Reported with an amendment
II

Calendar No. 545

105TH CONGRESS

2D SESSION S. 2109

[Report No. 105–306]

To provide for an exchange of lands located near Gustavus, Alaska, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 21, 1998

Mr. MURKOWSKI (for himself and Mr. STEVENS) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

SEPTEMBER 8 (legislative day, AUGUST 31), 1998

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To provide for an exchange of lands located near Gustavus,

Alaska, 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 ‘‘Glacier Bay National

5 Park Boundary Adjustment Act of 1998’’.
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1 SEC. 2. LAND EXCHANGE AND WILDERNESS DESIGNATION.

2 (a) IN GENERAL.—(1) Subject to conditions set forth

3 in subsection (c), if the State of Alaska, in a manner con4 sistent with this Act, offers to transfer to the United

5 States the lands identified in paragraph (2) in exchange

6 for the lands identified in paragraph (3), selected from

7 the area described in section 3(b)(1), the Secretary of the

8 Interior (in this Act referred to as the ‘‘Secretary’’) shall

9 complete such exchange no later than 6 months after the

10 issuance of a license to Gustavus Electric Company by the

11 Federal Energy Regulatory Commission (FERC), in ac12 cordance with this Act. This land exchange shall be sub13 ject to the laws applicable to exchanges involving lands

14 managed by the Secretary as part of the National Park

15 System in Alaska and the appropriate process for the ex16 change of State lands required by State law.

17 (2) The lands to be conveyed to the United States

18 by the State of Alaska shall be determined by mutual

19 agreement of the Secretary and the State of Alaska.

20 Lands which will be considered for conveyance to the

21 United States pursuant to the process required by State

22 law are: (1) lands owned by the State of Alaska in the

23 Long Lake area within Wrangell-St. Elias National Park

24 and Preserve; or (2) other lands owned by the State of

25 Alaska.
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1 (3) If the Secretary and State of Alaska have not

2 agreed on which lands the State of Alaska will convey by

3 a date not later than six months after a license is issued

4 pursuant to this Act, the State of Alaska shall convey

5 (subject to the approval of the appropriate official of the

6 State of Alaska), and the United States shall accept, with7 in one year after a license is issued, title to land having

8 a sufficiently equal value to satisfy State and Federal law,

9 subject to clear title and valid existing rights, and absence

10 of environmental contamination, and as provided by the

11 laws applicable to exchanges involving lands managed by

12 the Secretary as part of the National Park System in Alas13 ka and the appropriate process for the exchange of State

14 lands required by State law. Such land shall be conveyed

15 to the United States from among the following State lands

16 in the priority listed:

17 COPPER RIVER MERIDIAN

18 1. T. 6 S., R. 11 E., partially surveyed,

Sec. 11, lots 1 and 2, NE1⁄4, S1⁄2NW1⁄4, SW1 19 ⁄4,

and N1⁄2SE1 20 ⁄4;

Sec. 12, NW1 21 ⁄4;

Sec. 14, lots 1 and 2, NW1⁄4NW1 22 ⁄4,

23 Containing 838.66 acres, as shown on the plat of

24 survey accepted June 9, 1922.

25 2. T. 5 S., R. 11 E., partially surveyed,

26 T. 6 S., R. 11 E., partially surveyed,
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Sec. 2, NW1⁄4NE1⁄4 and NW1 1 ⁄4,

2 Containing 200.00 acres, as shown on the plat of

3 survey accepted June 9, 1922,

4 3. T. 6 S., R. 12 E., partially surveyed,

Sec. 6, lots 1 through 10, E1⁄2SW1⁄4, and SE1 5 ⁄4

6 Containing approximately 529.94 acres, as shown on

7 the plat of survey accepted June 9, 1922.

8 (4) The lands to be conveyed to the State of Alaska

9 by the United States under paragraph (1) are lands to

10 be designated by the Secretary and the State of Alaska,

11 consistent with sound land management principles, based

12 on those lands determined by the FERC with the concur13 rence of the Secretary and the State of Alaska, in accord14 ance with section 3(b), to be the minimum amount of land

15 necessary for the construction and operation of a hydro16 electric project.

17 (5) The time periods set forth for the completion of

18 the land exchanged described in this Act may be extended

19 as necessary by the Secretary should the processes of

20 State law or Federal law delay completion of an exchange.

21 (6) For purposes of this Act, ‘‘land’’ means lands,

22 waters and interests therein.

23 (b) WILDERNESS.—(1) To ensure that this trans24 action maintains, within the National Wilderness Preser25 vation System, approximately the same amount of area of
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1 designated wilderness as currently exists, the following

2 lands in Alaska shall be designated as wilderness in the

3 priority listed, upon consummation of the land exchange

4 authorized by this Act and shall be administered according

5 to the laws governing national wilderness areas in Alaska.

6 (A) An unnamed island in Glacier Bay National

7 Park lying southeasterly of Blue Mouse Cove in sec8 tions 5, 6, 7, and 8, T. 36 S., R. 54 E., CRM, and

9 shown on United States Geological Survey quad10 rangle Mt. Fairweather (D–2), Alaska, containing

11 approximately 789 acres.

12 (B) Cenotaph Island of Glacier Bay National

13 Park lying within Lituya Bay in sections 23, 24, 25,

14 and 26, T. 37 S., R. 47 E., CRM, and shown on

15 United States Geological Survey quadrangle Mt.

16 Fairweather (C–5), Alaska, containing approxi17 mately 280 acres.

18 (C) An area of Glacier Bay National Park lying

19 in T. 31 S., R. 43 E. and T. 32 S., R. 43 E., CRM,

20 that is not currently designated wilderness, contain21 ing approximately 2270 acres.

22 (2) The specific boundaries and acreage of these wil23 derness designations may be reasonably adjusted by the

24 Secretary, consistent with sound land management prin25 ciples, to approximately equal, in sum, the total wilderness
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1 acreage deleted from Glacier Bay National Park and Pre2 serve pursuant to the land exchange authorized by this

3 Act.

4 (c) CONDITIONS.—Any exchange of lands under this

5 Act may occur only if—

6 (1) following the submission of an acceptable li7 cense application, the FERC has conducted eco8 nomic and environmental analyses under the Federal

9 Power Act (16 U.S.C. 791–828) (notwithstanding

10 provisions of that Act and the Federal regulations

11 that otherwise exempt this project from economic

12 analyses), the National Environmental Policy Act of

13 1969 (42 U.S.C. 4321–4370), and the Fish and

14 Wildlife Coordination Act (16 U.S.C. 661–666), that

15 conclude, with the concurrence of the Secretary of

16 the Interior with respect to (A) and (B) below, that

17 the construction and operation of a hydroelectric

18 power project on the lands described in section

19 3(b)—

20 (A) will not adversely impact the purposes

21 and values of Glacier Bay National Park and

22 Preserve (as constituted after the consumma23 tion of the land exchange authorized by this

24 section);
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1 (B) will comply with the requirements of

2 the National Historic Preservation Act (16

3 U.S.C. 470–470w); and

4 (C) can be accomplished in an economically

5 feasible manner;

6 (2) The FERC held at least one public meeting

7 in Gustavus, Alaska, allowing the citizens of Gusta8 vus to express their views on the proposed project;

9 (3) The FERC has determined, with the con10 currence of the Secretary and the State of Alaska,

11 the minimum amount of land necessary to construct

12 and operate this hydroelectric power project;

13 (4) Gustavus Electric Company has been grant14 ed a license by FERC that requires Gustavus Elec15 tric Company to submit an acceptable financing plan

16 to FERC before project construction may commence,

17 and FERC has approved such plan.

18 SEC. 3. ROLE OF FEDERAL ENERGY REGULATORY COMMIS19 SION.

20 (a) LICENSE APPLICATION.—(1) The FERC licens21 ing process shall apply to any application submitted by

22 Gustavus Electric Company to FERC for the right to con23 struct and operate a hydro power project on the lands de24 scribed in subsection (b).
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1 (2) The FERC is authorized to accept and consider

2 an application filed by Gustavus Electric Company for the

3 construction and operation of a hydro power plant to be

4 located on lands within the area described in subsection

5 (b), notwithstanding section 3(2) of the Federal Power

6 Act (16 U.S.C. 796(2)). Such application must be submit7 ted within 3 years from the date of the enactment of this

8 Act.

9 (3) The FERC will retain jurisdiction over any hydro10 power project constructed on this site.

11 (b) ANALYSES.—(1) The lands referred to in sub12 section (a) of this section are lands in the State of Alaska

13 described as follows:

14 COPPER RIVER MERIDIAN

15 Township 39 South, Range 59 East, partially surveyed, Section 36 (unsurveyed), SE1⁄4SW1 16 ⁄4,

S1⁄2SW1⁄4SW1⁄4, NE1⁄4SW1⁄4, W1⁄2W1⁄2NW1⁄4SE1 17 ⁄4, and

S1⁄2SE1⁄4NW1 18 ⁄4. Containing approximately 130 acres.

19 Township 40 South, Range 59 East, partially surveyed, Section 1 (unsurveyed). NW1⁄4, SW1⁄4, W1⁄2SE1 20 ⁄4,

and SW1⁄4SW1⁄4NE1 21 ⁄4, excluding U.S. Survey 944 and

22 Native allotment A–442; Section 2 (unsurveyed), frac23 tional, that portion lying above the mean high tide line

24 of Icy Passage, excluding U.S. Survey 944 and U.S. Sur25 vey 945; Section 11 (unsurveyed), fractional, that portion

26 lying above the mean high tide line of Icy Passage, exclud-
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1 ing U.S. Survey 944; Section 12 (unsurveyed), fractional,

NW1⁄4NE1⁄4, W1⁄2NW1⁄4SW1⁄4NE1 2 ⁄4, and those portions

of NW1⁄4 and SW1 3 ⁄4 lying above the mean high tide line

4 of Icy Passage, excluding U.S. Survey 944 and Native al5 lotment A–442. Containing approximately 1,015 acres.

6 (2) Additional lands and acreage will be included as

7 needed in the study area described in paragraph (1) to

8 account for accretion to these lands from natural forces;

9 (3) With the concurrence of the Secretary and the

10 State of Alaska, the FERC shall determine the minimum

11 amount of lands necessary for construction and operation

12 of such project;

13 (4) The National Park Service shall participate as a

14 joint land agency in the development of any environmental

15 document under the National Environmental Policy Act

16 of 1969 in the licensing of such project. Such environ17 mental document shall consider both the impacts resulting

18 from licensing and any land exchange necessary to author19 ize such project.

20 (c) ISSUANCE OF LICENSE.—(1) A condition of the

21 license to construct and operate any portion of the hydro22 electric power project shall be the FERC’s approval, prior

23 to any commencement of construction, of a finance plan

24 submitted by Gustavus Electric Company.
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1 (2) The National Park Service, as the existing super2 visor of potential project lands ultimately to be deleted

3 from the Federal reservation in accordance with this Act,

4 waives its right to impose mandatory conditions on such

5 project lands pursuant to section 4(e) of the Federal

6 Power Act (16 U.S.C. 797(e)).

7 (3) The FERC shall not license, re-license the

8 project, or amend the project license unless it determines,

9 with the Secretary’s concurrence, that the project will not

10 adversely impact the purposes and values of Glacier Bay

11 National Park and Preserve (as constituted after the con12 summation of the land exchange authorized by this Act).

13 Additionally, a condition of the license, or any succeeding

14 license, to construct and operate any portion of the hydro15 electric power project shall require the license to mitigate

16 any adverse effects of the project on the purposes and val17 ues of Glacier Bay National Park and Preserve identified

18 by the Secretary after the initial licensing.

19 (4) A condition of the license to construct and operate

20 any portion of the hydroelectric power project shall be the

21 completion, prior to any commencement of construction,

22 of the land exchange described in this Act.

23 SEC. 4. ROLE OF SECRETARY OF INTERIOR.

24 (a) SPECIAL USE PERMIT.—Notwithstanding the

25 provisions of the Wilderness Act (16 U.S.C. 1133–1136),
11

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1 the Secretary shall issue a Special Use Permit to Gustavus

2 Electric Company to ensure the completion of the analyses

3 referred to in section 3. The Secretary shall impose condi4 tions in the permit as needed to protect the purposes and

5 values of Glacier Bay National Park and Preserve.

6 (b) PARK SYSTEM.—The lands acquired from the

7 State of Alaska under this Act shall be added to and ad8 ministered as part of the National Park System, subject

9 to valid existing rights. Upon completion of the exchange

10 of lands under this Act, the Secretary shall adjust, as nec11 essary, the boundaries of the affected National Park Sys12 tem unit(s) to include the lands acquired from the State

13 of Alaska; and adjust the boundary of Glacier Bay Na14 tional Park and Preserve to exclude the lands transferred

15 to the State of Alaska under this Act. Any such adjust16 ments to the boundaries of the National Park System

17 units shall have no effect upon acreage determinations

18 under section 103(b) of the Public Law 96–487.

19 (c) WILDERNESS AREA BOUNDARIES.—The Sec20 retary shall make any necessary modifications or adjust21 ments of boundaries of wilderness areas as a result of the

22 additions and deletions caused by the land exchange re23 ferred to in section 2. Any such adjustments to the bound24 aries of wilderness area shall have no effect upon acreage
12

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1 determination under section 103(b) of Public Law 96–

2 487.

3 (d) PAYMENTS.—Gustavus Electric Company shall

4 not be required to make Federal land payments under sec5 tion 10(e) of the Federal Power Act (16 U.S.C. 803(c))

6 with respect to the lands to be exchanged under this Act.

7 (e) CONCURRENCE OF THE SECRETARY.—Whenever

8 in this Act the concurrence of the Secretary is required,

9 it shall not be unlawfully withheld or unreasonably de10 layed.

11 SECTION 1. SHORT TITLE.

12 This Act may be cited as the ‘‘Glacier Bay National

13 Park Boundary Adjustment Act of 1998’’.

14 SEC. 2. LAND EXCHANGE AND WILDERNESS DESIGNATION.

15 (a) IN GENERAL.—(1) Subject to conditions set forth

16 in subsection (c), if the State of Alaska, in a manner con17 sistent with this Act, offers to transfer to the United States

18 the lands identified in paragraph (2) in exchange for the

19 lands identified in paragraph (4), selected from the area

20 described in Section 3(b)(1), the Secretary of the Interior

21 (in this Act referred to as the ‘‘Secretary’’) shall complete

22 such exchange no later than 6 months after the issuance

23 of a license to Gustavus Electric Company by the Federal

24 Energy Regulatory Commission (in this Act referred to as

25 ‘‘FERC’’), in accordance with this Act. This land exchange
13

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1 shall be subject to the laws applicable to exchanges involving

2 lands managed by the Secretary as part of the National

3 Park System in Alaska and the appropriate process for the

4 exchange of State lands required by State law.

5 (2) The lands to be conveyed to the United States by

6 the State of Alaska shall be determined by mutual agree7 ment of the Secretary and the State of Alaska. Lands that

8 will be considered for conveyance to the United States pur9 suant to the process required by State law are lands owned

10 by the State of Alaska in the Long Lake area within

11 Wrangell-St. Elias National Park and Preserve or other

12 lands owned by the State of Alaska.

13 (3) If the Secretary and the State of Alaska have not

14 agreed on which lands the State of Alaska will convey by

15 a date not later than 6 months after a license is issued pur16 suant to this Act, the United States shall accept, within

17 one year after a license is issued, title to land having a

18 sufficiently equal value to satisfy State and Federal law,

19 subject to clear title and valid existing rights, and absence

20 of environmental contamination, and as provided by the

21 laws applicable to exchanges involving lands managed by

22 the Secretary as part of the National Park System in Alas23 ka and the appropriate process for the exchange of State

24 lands required by State law. Such land shall be accepted

25 by the United States, subject to the other provisions of this
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1 Act, from among the following State lands in the priority

2 listed:

3 COPPER RIVER MERIDIAN

4 (A) T.6 S., R. 12 E., partially surveyed, Sec. 5, lots

1, 2, and 3, NE1⁄4, and S1 5 ⁄2, Containing 617.68 acres, as

6 shown on the plat of survey accepted June 9, 1922.

7 (B) T.6 S., R. 11 E., partially surveyed, Sec. 2,

NW1⁄4NE1 8 ⁄4. Containing 838.66 acres, as shown on the plat

9 of survey accepted June 9, 1922.

10 (C) T.6 S., R. 11 E., partially surveyed, Sec. 2,

NW1⁄4NE1⁄4 and NW1 11 ⁄4. Containing 200.00 acres, as shown

12 on the plat of survey accepted June 9, 1922.

13 (D) T.6 S., R. 12 E., partially surveyed, Sec. 6. lots

1 through 10, E1⁄2SW1⁄4 and SE1 14 ⁄4. Containing approxi15 mately 529.94 acres, as shown on the plat of survey accepted

16 June 9, 1922.

17 (4) The lands to be conveyed to the State of Alaska

18 by the United States under paragraph (1) are lands to be

19 designated by the Secretary and the State of Alaska, consist20 ent with sound land management principles, based on those

21 lands determined by the FERC with the concurrence of the

22 Secretary and the State of Alaska, in accordance with sec23 tion 3(b), to be the minimum amount of land necessary for

24 the construction and operation of a hydroelectric project.

25 (5) The time periods set forth for the completion of the

26 land exchanges described in this Act may be extended as
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1 necessary by the Secretary should the processes of State law

2 or Federal law delay completion of an exchange.

3 (6) For purposes of this Act, the term ‘‘land’’ means

4 lands, waters and interests therein.

5 (b) WILDERNESS.—(1) To ensure that this transaction

6 maintains, within the National Wilderness Preservation

7 System, approximately the same amount of area of des8 ignated wilderness as currently exists, the following lands

9 in Alaska shall be designated as wilderness in the priority

10 listed, upon consummation of the land exchange authorized

11 by this Act and shall be administered according to the laws

12 governing national wilderness areas in Alaska:

13 (A) An unnamed island in Glacier Bay National

14 Park lying southeasterly of Blue Mouse Cove in sec15 tions 5, 6, 7, and 8, T. 36 S., R. 54 E., CRM, and

16 shown on United States Geological Survey quadrangle

17 Mt. Fairweather (D–2), Alaska, containing approxi18 mately 789 acres.

19 (B) Cenotaph Island of Glacier Bay National

20 Park lying within Lituya Bay in sections 23, 24, 25,

21 and 26, T. 37 S., R. 47 E., CRM, and shown on

22 United States Geological Survey quadrangle Mt.

23 Fairweather (C–5), Alaska, containing approximately

24 280 acres.
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1 (C) An area of Glacier Bay National Park lying

2 in T. 31. S., R. 43 E and T. 32 S., R. 43 E., CRM,

3 that is not currently designated wilderness, contain4 ing approximately 2,270 acres.

5 (2) The specific boundaries and acreage of these wil6 derness designations may be reasonably adjusted by the Sec7 retary, consistent with sound land management principles,

8 to approximately equal, in sum, the total wilderness acreage

9 deleted from Glacier Bay National Park and Preserve pur10 suant to the land exchange authorized by this Act.

11 (c) CONDITIONS.—Any exchange of lands under this

12 Act may occur only if—

13 (1) following the submission of a complete license

14 application, FERC has conducted economic and envi15 ronmental analyses under the Federal Power Act (16

16 U.S.C. 791–828) (notwithstanding provisions of that

17 Act and the Federal regulations that otherwise exempt

18 this project from economic analyses), the National

19 Environmental Policy Act of 1969 (42 U.S.C. 4321–

20 4370), and the Fish and Wildlife Coordination Act

21 (16 U.S.C. 661–666), that conclude, with the concur22 rence of the Secretary of the Interior with respect to

23 subparagraphs (A) and (B), that the construction and

24 operation of a hydroelectric power project on the

25 lands described in section 3(b)—
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1 (A) will not adversely impact the purposes

2 and values of Glacier Bay National Park and

3 Preserve (as constituted after the consummation

4 of the land exchange authorized by this section);

5 (B) will comply with the requirements of

6 the National Historic Preservation Act (16

7 U.S.C. 470–470w); and

8 (C) can be accomplished in an economically

9 feasible manner;

10 (2) FERC held at least one public meeting in

11 Gustavus, Alaska, allowing the citizens of Gustavus to

12 express their views on the proposed project;

13 (3) FERC has determined, with the concurrence

14 of the Secretary and the State of Alaska, the mini15 mum amount of land necessary to construct and oper16 ate this hydroelectric power project; and

17 (4) Gustavus Electric Company has been granted

18 a license by FERC that requires Gustavus Electric

19 Company to submit an acceptable financing plan to

20 FERC before project construction may commence, and

21 the FERC has approved such plan.

22 SEC. 3. ROLE OF FERC.

23 (a) LICENSE APPLICATION.—(1) The FERC licensing

24 process shall apply to any application submitted by Gusta25 vus Electric Company to the FERC for the right to con-
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1 struct and operate a hydropower project on the lands de2 scribed in subsection (b).

3 (2) FERC is authorized to accept and consider an ap4 plication filed by Gustavus Electric Company for the con5 struction and operation of a hydropower plant to be located

6 on lands within the area described in subsection (b), not7 withstanding section 3(2) of the Federal Power Act (16

8 U.S.C. 796(2)). Such application must be submitted within

9 3 years from the date of the enactment of this Act.

10 (3) FERC will retain jurisdiction over any hydro11 power project constructed on this site.

12 (b) ANALYSES.—(1) The lands referred to in subsection

13 (a) of this section are lands in the State of Alaska described

14 as follows:

15 COPPER RIVER MERIDIAN

16 Township 39 South, Range 59 East, partically surveyed, Section 36 (unsurveyed), SE1⁄4SW1 17 ⁄4,

S1⁄2SW1⁄4SW1⁄4, NE1⁄4SW1⁄4, W1⁄2W1⁄2NW1⁄4SE1 18 ⁄4, and

S1⁄2SE1⁄4NW1 19 ⁄4. Containing approximately 130 acres.

20 Township 40 South, Range 59 East, partially surveyed, Section 1 (unsurveyed). NW1⁄4, SW1⁄4, W1⁄2SE1 21 ⁄4,

and SW1⁄4SW1⁄4NE1 22 ⁄4, excluding U.S. Survey 944 and Na23 tive allotment A–442; Section 2 (unsurveyed), fractional,

24 that portion lying above the mean high tide line of Icy Pas25 sage, excluding U.S. Survey 944 and U.S. Survey 945; Sec26 tion 11 (unsurveyed), fractional, that portion lying above
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1 the mean high tide line of Icy Passage, excluding U.S. Survey 944; Section 12 (unsurveyed), fractional, NW1⁄4NE1 2 ⁄4,

W1⁄2NW1⁄4SW1⁄4NE1⁄4, and those portions of NW1 3 ⁄4 and

SW1 4 ⁄4 lying above the mean high tide line of Icy Passage,

5 excluding U.S. Survey 944 and Native allotment A–442.

6 Containing approximately 1,015 acres.

7 (2) Additional lands and acreage will be included as

8 needed in the study area described in paragraph (1) to ac9 count for accretion to these lands from natural forces;

10 (3) With the concurrence of the Secretary and the State

11 of Alaska, the FERC shall determine the minimum amount

12 of lands necessary for construction and operation of such

13 project,

14 (4) The National Park Service shall participate as a

15 joint lead agency in the development of any environmental

16 document under the National Environmental Policy Act of

17 1969 in the licensing of such project. Such environmental

18 document shall consider both the impacts resulting from li19 censing and any land exchange necessary to authorize such

20 project.

21 (c) ISSUANCE OF LICENSE.—(1) A condition of the li22 cense to construct and operate any portion of the hydro23 electric power project shall be FERC’s approval, prior to

24 any commencement of construction, of a finance plan sub25 mitted by Gustavus Electric Company.
20

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1 (2) The National Park Service, as the existing super2 visor of potential project lands ultimately to be deleted from

3 the Federal reservation in accordance with this Act, waives

4 its right to impose mandatory conditions on such project

5 lands pursuant to section 4(e) of the Federal Power Act (16

6 U.S.C. 797(e)).

7 (3) FERC shall not license, relicense the project, or

8 amend the project license unless it determines, with the Sec9 retary’s concurrence, that the project will not adversely im10 pact the purposes and values of Glacier Bay National Park

11 and Preserve (as constituted after the consummation of the

12 land exchange authorized by this Act). Additionally, a con13 dition of the license, or any succeeding license, to construct

14 and operate any portion of the hydroelectric power project

15 shall require the licensee to mitigate any adverse effects of

16 the project on the purposes and values of Glacier Bay Na17 tional Park and Preserve identified by the Secretary after

18 the initial licensing.

19 (4) A condition of the license to construct and operate

20 any portion of the hydroelectric power project shall be the

21 completion, prior to any commencement of construction, of

22 the land exchange described in this Act.

23 SEC. 4. ROLE OF SECRETARY OF INTERIOR.

24 (a) SPECIAL USE PERMIT.—Notwithstanding the pro25 visions of the Wilderness Act (16 U.S.C. 1133–1136), the
21

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1 Secretary shall issue a special use permit to Gustavus Elec2 tric Company to allow the completion of the analyses re3 ferred to in Section 3. The Secretary shall impose condi4 tions in the permit as needed to protect the purposes and

5 values of Glacier Bay National Park and Preserve.

6 (b) PARK SYSTEM.—The lands acquired from the State

7 of Alaska under this Act shall be added to and administered

8 as part of the National Park System, subject to valid exist9 ing rights. Upon completion of the exchange of lands under

10 this Act, the Secretary shall adjust, as necessary, the bound11 aries of the affected National Park System units to include

12 the lands acquired from the State of Alaska; and adjust the

13 boundary of Glacier Bay National Park and Preserve to

14 exclude the lands transferred to the State of Alaska under

15 this Act. Any such adjustment to the boundaries of National

16 Park System units shall not be considered in applying any

17 acreage limitations under section 103(b) of the Public Law

18 96–487.

19 (c) WILDERNESS AREA BOUNDARIES.—The Secretary

20 shall make any necessary modifications or adjustments of

21 boundaries of wilderness areas as a result of the additions

22 and deletions caused by the land exchange referenced in Sec23 tion 2. Any such adjustments to the boundaries of National

24 Park System units shall not be considered in applying any
22

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1 acreage limitations under section 103(b) of Public Law 96–

2 487.

3 (d) PAYMENTS.—Gustavus Electric Company shall not

4 be required to make Federal land payments under section

5 10(e) of the Federal Power Act (16 U.S.C. 803(c)) with re6 spect to the lands exchanged under this Act.

7 (e) CONCURRENCE OF THE SECRETARY.—Whenever in

8 this Act the concurrence of the Secretary is required, it shall

9 not be unlawfully withheld or unreasonably delayed.

10 SEC. 5. APPLICABLE LAW.

11 The authorities and jurisdiction provided in this Act

12 shall continue in effect until such time as this Act is ex13 pressly modified or repealed by Congress.