II

105TH CONGRESS

2D SESSION S. 2109

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

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’’.

6 SEC. 2. LAND EXCHANGE AND WILDERNESS DESIGNATION.

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

8 in subsection (c), if the State of Alaska, in a manner con9 sistent with this Act, offers to transfer to the United

10 States the lands identified in paragraph (2) in exchange
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1 for the lands identified in paragraph (3), selected from

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

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

4 complete such exchange no later than 6 months after the

5 issuance of a license to Gustavus Electric Company by the

6 Federal Energy Regulatory Commission (FERC), in ac7 cordance with this Act. This land exchange shall be sub8 ject to the laws applicable to exchanges involving lands

9 managed by the Secretary as part of the National Park

10 System in Alaska and the appropriate process for the ex11 change of State lands required by State law.

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

13 by the State of Alaska shall be determined by mutual

14 agreement of the Secretary and the State of Alaska.

15 Lands which will be considered for conveyance to the

16 United States pursuant to the process required by State

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

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

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

20 Alaska.

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

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

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

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

25 (subject to the approval of the appropriate official of the
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1 State of Alaska), and the United States shall accept, with2 in one year after a license is issued, title to land having

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

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

5 of environmental contamination, and as provided by the

6 laws applicable to exchanges involving lands managed by

7 the Secretary as part of the National Park System in Alas8 ka and the appropriate process for the exchange of State

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

10 to the United States from among the following State lands

11 in the priority listed:

12 COPPER RIVER MERIDIAN

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

Sec. 11, lots 1 and 2, NE1⁄4, S1⁄2NW1⁄4, SW1 14 ⁄4,

and N1⁄2SE1 15 ⁄4;

Sec. 12, NW1 16 ⁄4;

Sec. 14, lots 1 and 2, NW1⁄4NW1 17 ⁄4,

18 Containing 838.66 acres, as shown on the plat of

19 survey accepted June 9, 1922.

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

21 T. 6 S., R. 11 E., partially surveyed,

Sec. 2, NW1⁄4NE1⁄4 and NW1 22 ⁄4,

23 Containing 200.00 acres, as shown on the plat of

24 survey accepted June 9, 1922,

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

Sec. 6, lots 1 through 10, E1⁄2SW1⁄4, and SE1 26 ⁄4
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1 Containing approximately 529.94 acres, as shown on

2 the plat of survey accepted June 9, 1922.

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

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

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

6 consistent with sound land management principles, based

7 on those lands determined by the FERC with the concur8 rence of the Secretary and the State of Alaska, in accord9 ance with section 3(b), to be the minimum amount of land

10 necessary for the construction and operation of a hydro11 electric project.

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

13 the land exchanged described in this Act may be extended

14 as necessary by the Secretary should the processes of

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

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

17 waters and interests therein.

18 (b) WILDERNESS.—(1) To ensure that this trans19 action maintains, within the National Wilderness Preser20 vation System, approximately the same amount of area of

21 designated wilderness as currently exists, the following

22 lands in Alaska shall be designated as wilderness in the

23 priority listed, upon consummation of the land exchange

24 authorized by this Act and shall be administered according

25 to the laws governing national wilderness areas in Alaska.
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1 (A) An unnamed island in Glacier Bay National

2 Park lying southeasterly of Blue Mouse Cove in sec3 tions 5, 6, 7, and 8, T. 36 S., R. 54 E., CRM, and

4 shown on United States Geological Survey quad5 rangle Mt. Fairweather (D–2), Alaska, containing

6 approximately 789 acres.

7 (B) Cenotaph Island of Glacier Bay National

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

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

10 United States Geological Survey quadrangle Mt.

11 Fairweather (C–5), Alaska, containing approxi12 mately 280 acres.

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

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

15 that is not currently designated wilderness, contain16 ing approximately 2270 acres.

17 (2) The specific boundaries and acreage of these wil18 derness designations may be reasonably adjusted by the

19 Secretary, consistent with sound land management prin20 ciples, to approximately equal, in sum, the total wilderness

21 acreage deleted from Glacier Bay National Park and Pre22 serve pursuant to the land exchange authorized by this

23 Act.

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

25 Act may occur only if—
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1 (1) following the submission of an acceptable li2 cense application, the FERC has conducted eco3 nomic and environmental analyses under the Federal

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

5 provisions of that Act and the Federal regulations

6 that otherwise exempt this project from economic

7 analyses), the National Environmental Policy Act of

8 1969 (42 U.S.C. 4321–4370), and the Fish and

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

10 conclude, with the concurrence of the Secretary of

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

12 the construction and operation of a hydroelectric

13 power project on the lands described in section

14 3(b)—

15 (A) will not adversely impact the purposes

16 and values of Glacier Bay National Park and

17 Preserve (as constituted after the consumma18 tion of the land exchange authorized by this

19 section);

20 (B) will comply with the requirements of

21 the National Historic Preservation Act (16

22 U.S.C. 470–470w); and

23 (C) can be accomplished in an economically

24 feasible manner;
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1 (2) The FERC held at least one public meeting

2 in Gustavus, Alaska, allowing the citizens of Gusta3 vus to express their views on the proposed project;

4 (3) The FERC has determined, with the con5 currence of the Secretary and the State of Alaska,

6 the minimum amount of land necessary to construct

7 and operate this hydroelectric power project;

8 (4) Gustavus Electric Company has been grant9 ed a license by FERC that requires Gustavus Elec10 tric Company to submit an acceptable financing plan

11 to FERC before project construction may commence,

12 and FERC has approved such plan.

13 SEC. 3. ROLE OF FEDERAL ENERGY REGULATORY COMMIS14 SION.

15 (a) LICENSE APPLICATION.—(1) The FERC licens16 ing process shall apply to any application submitted by

17 Gustavus Electric Company to FERC for the right to con18 struct and operate a hydro power project on the lands de19 scribed in subsection (b).

20 (2) The FERC is authorized to accept and consider

21 an application filed by Gustavus Electric Company for the

22 construction and operation of a hydro power plant to be

23 located on lands within the area described in subsection

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

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

2 Act.

3 (3) The FERC will retain jurisdiction over any hydro4 power project constructed on this site.

5 (b) ANALYSES.—(1) The lands referred to in sub6 section (a) of this section are lands in the State of Alaska

7 described as follows:

8 COPPER RIVER MERIDIAN

9 Township 39 South, Range 59 East, partially surveyed, Section 36 (unsurveyed), SE1⁄4SW1 10 ⁄4,

S1⁄2SW1⁄4SW1⁄4, NE1⁄4SW1⁄4, W1⁄2W1⁄2NW1⁄4SE1 11 ⁄4, and

S1⁄2SE1⁄4NW1 12 ⁄4. Containing approximately 130 acres.

13 Township 40 South, Range 59 East, partially surveyed, Section 1 (unsurveyed). NW1⁄4, SW1⁄4, W1⁄2SE1 14 ⁄4,

and SW1⁄4SW1⁄4NE1 15 ⁄4, excluding U.S. Survey 944 and

16 Native allotment A–442; Section 2 (unsurveyed), frac17 tional, that portion lying above the mean high tide line

18 of Icy Passage, excluding U.S. Survey 944 and U.S. Sur19 vey 945; Section 11 (unsurveyed), fractional, that portion

20 lying above the mean high tide line of Icy Passage, exclud21 ing U.S. Survey 944; Section 12 (unsurveyed), fractional,

NW1⁄4NE1⁄4, W1⁄2NW1⁄4SW1⁄4NE1 22 ⁄4, and those portions

of NW1⁄4 and SW1 23 ⁄4 lying above the mean high tide line

24 of Icy Passage, excluding U.S. Survey 944 and Native al25 lotment A–442. Containing approximately 1,015 acres.
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1 (2) Additional lands and acreage will be included as

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

3 account for accretion to these lands from natural forces;

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

5 State of Alaska, the FERC shall determine the minimum

6 amount of lands necessary for construction and operation

7 of such project;

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

9 joint land agency in the development of any environmental

10 document under the National Environmental Policy Act

11 of 1969 in the licensing of such project. Such environ12 mental document shall consider both the impacts resulting

13 from licensing and any land exchange necessary to author14 ize such project.

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

16 license to construct and operate any portion of the hydro17 electric power project shall be the FERC’s approval, prior

18 to any commencement of construction, of a finance plan

19 submitted by Gustavus Electric Company.

20 (2) The National Park Service, as the existing super21 visor of potential project lands ultimately to be deleted

22 from the Federal reservation in accordance with this Act,

23 waives its right to impose mandatory conditions on such

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

25 Power Act (16 U.S.C. 797(e)).
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1 (3) The FERC shall not license, re-license the

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

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

4 adversely impact the purposes and values of Glacier Bay

5 National Park and Preserve (as constituted after the con6 summation of the land exchange authorized by this Act).

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

8 license, to construct and operate any portion of the hydro9 electric power project shall require the license to mitigate

10 any adverse effects of the project on the purposes and val11 ues of Glacier Bay National Park and Preserve identified

12 by the Secretary after the initial licensing.

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

14 any portion of the hydroelectric power project shall be the

15 completion, prior to any commencement of construction,

16 of the land exchange described in this Act.

17 SEC. 4. ROLE OF SECRETARY OF INTERIOR.

18 (a) SPECIAL USE PERMIT.—Notwithstanding the

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

20 the Secretary shall issue a Special Use Permit to Gustavus

21 Electric Company to ensure the completion of the analyses

22 referred to in section 3. The Secretary shall impose condi23 tions in the permit as needed to protect the purposes and

24 values of Glacier Bay National Park and Preserve.
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1 (b) PARK SYSTEM.—The lands acquired from the

2 State of Alaska under this Act shall be added to and ad3 ministered as part of the National Park System, subject

4 to valid existing rights. Upon completion of the exchange

5 of lands under this Act, the Secretary shall adjust, as nec6 essary, the boundaries of the affected National Park Sys7 tem unit(s) to include the lands acquired from the State

8 of Alaska; and adjust the boundary of Glacier Bay Na9 tional Park and Preserve to exclude the lands transferred

10 to the State of Alaska under this Act. Any such adjust11 ments to the boundaries of the National Park System

12 units shall have no effect upon acreage determinations

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

14 (c) WILDERNESS AREA BOUNDARIES.—The Sec15 retary shall make any necessary modifications or adjust16 ments of boundaries of wilderness areas as a result of the

17 additions and deletions caused by the land exchange re18 ferred to in section 2. Any such adjustments to the bound19 aries of wilderness area shall have no effect upon acreage

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

21 487.

22 (d) PAYMENTS.—Gustavus Electric Company shall

23 not be required to make Federal land payments under sec24 tion 10(e) of the Federal Power Act (16 U.S.C. 803(c))

25 with respect to the lands to be exchanged under this Act.
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1 (e) CONCURRENCE OF THE SECRETARY.—Whenever

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

3 it shall not be unlawfully withheld or unreasonably de4 layed.

Æ