vey 945; Section 11 (unsurveyed), fractional, that portion
lying above the mean high tide line of Icy Passage, exclud-
ing U.S. Survey 944; Section 12 (unsurveyed), fractional,
NW1⁄4NE1⁄4, W1⁄2NW1⁄4SW1⁄4NE1⁄4, and those portions
of NW1⁄4 and SW1⁄4 lying above the mean high tide line
of Icy Passage, excluding U.S. Survey 944 and Native al-
lotment A–442. Containing approximately 1,015 acres.
(2) Additional lands and acreage will be included as
needed in the study area described in paragraph (1) to
account for accretion to these lands from natural forces.
(3) With the concurrence of the Secretary and the
State of Alaska, the FERC shall determine the minimum
amount of lands necessary for construction and operation
of such project.
(4) The National Park Service shall participate as a
joint lead agency in the development of any environmental
document under the National Environmental Policy Act
of 1969 in the licensing of such project. Such environ-
mental document shall consider both the impacts resulting
from licensing and any land exchange necessary to author-
ize such project.
(c) ISSUANCE OF LICENSE.—(1) A condition of the
license to construct and operate any portion of the hydro-
electric power project shall be FERC’s approval, prior to
any commencement of construction, of a finance plan sub-
mitted by Gustavus Electric Company.
(2) The National Park Service, as the existing super-
visor of potential project lands ultimately to be deleted
from the Federal reservation in accordance with this Act,
waives its right to impose mandatory conditions on such
project lands pursuant to section 4(e) of the Federal
Power Act (16 U.S.C. 797(e)).
(3) FERC shall not license or relicense the project,
or amend the project license unless it determines, with the
Secretary’s concurrence, that the project will not adversely
impact the purposes and values of Glacier Bay National
Park and Preserve (as constituted after the consummation
of the land exchange authorized by this Act). Additionally,
a condition of the license, or any succeeding license, to
construct and operate any portion of the hydroelectric
power project shall require the licensee to mitigate any
adverse effects of the project on the purposes and values
of Glacier Bay National Park and Preserve identified by
the Secretary after the initial licensing.
(4) A condition of the license to construct and operate
any portion of the hydroelectric power project shall be the
completion, prior to any commencement of construction,
of the land exchange described in this Act.
SEC. 4. ROLE OF SECRETARY OF THE INTERIOR.
(a) SPECIAL USE PERMIT.—Notwithstanding the
provisions of the Wilderness Act (16 U.S.C. 1133–1136),
the Secretary shall issue a special use permit to Gustavus
Electric Company to allow the completion of the analyses
referred to in section 3. The Secretary shall impose condi-
tions in the permit as needed to protect the purposes and
values of Glacier Bay National Park and Preserve.
(b) PARK SYSTEM.—The lands acquired from the
State of Alaska under this Act shall be added to and ad-
ministered as part of the National Park System, subject
to valid existing rights. Upon completion of the exchange
of lands under this Act, the Secretary shall adjust, as nec-
essary, the boundaries of the affected National Park Sys-
tem units to include the lands acquired from the State
of Alaska; and adjust the boundary of Glacier Bay Na-
tional Park and Preserve to exclude the lands transferred
to the State of Alaska under this Act. Any such adjust-
ment to the boundaries of National Park System units
shall not be considered in applying any acreage limitations
under section 103(b) of Public Law 96–487.
(c) WILDERNESS AREA BOUNDARIES.—The Sec-
retary shall make any necessary modifications or adjust-
ments of boundaries of wilderness areas as a result of the
additions and deletions caused by the land exchange ref-
erenced in section 2. Any such adjustment to the bound-
aries of National Park System units shall not be consid-
ered in applying any acreage limitations under section
103(b) of Public Law 96–487.
(d) CONCURRENCE OF THE SECRETARY.—Whenever
in this Act the concurrence of the Secretary is required,
it shall not be unlawfully withheld or unreasonably de-
layed.
SEC. 5. APPLICABLE LAW.
The authorities and jurisdiction provided in this Act
shall continue in effect until such time as this Act is ex-
pressly modified or repealed by Congress.
Passed the House of Representatives September 15,
1998.
Attest:
Clerk.