IB
Union Calendar No. 401
105TH CONGRESS
2D SESSION
H. R. 3903
[Report No. 105–706, Part I]
To provide for an exchange of lands located near Gustavus, Alaska, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 19, 1998
Mr. YOUNG of Alaska introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on Com-
merce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
SEPTEMBER 11, 1998
Reported from the Committee on Resources with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
SEPTEMBER 11, 1998
Referral to the Committee on Commerce extended for a period ending not
later than September 11, 1998
SEPTEMBER 11, 1998
Committee on Commerce discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 19, 1998]
A BILL
To provide for an exchange of lands located near Gustavus,
Alaska, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Glacier Bay National
Park Boundary Adjustment Act of 1998’’.
SEC. 2. LAND EXCHANGE AND WILDERNESS DESIGNATION.
(a) IN GENERAL.—(1) Subject to conditions set forth
in subsection (c), if the State of Alaska, in a manner con-
sistent with this Act, offers to transfer to the United States
the lands identified in paragraph (4) in exchange for the
lands identified in paragraph (3), selected from the area
described in section 3(b)(1), the Secretary of the Interior
(in this Act referred to as the ‘‘Secretary’’) shall complete
such exchange no later than 6 months after the issuance
of a license to Gustavus Electric Company by the Federal
Energy Regulatory Commission (in this Act referred to as
‘‘FERC’’), in accordance with this Act. This land exchange
shall be subject to the laws applicable to exchanges involving
lands managed by the Secretary as part of the National
Park System in Alaska and the appropriate process for the
exchange of State lands required by State law.
(2) The lands to be conveyed to the United States by
the State of Alaska shall be determined by mutual agree-
ment of the Secretary and the State of Alaska. Lands that
will be considered for conveyance to the United States pur-
suant to the process required by State law are lands owned
by the State of Alaska in the Long Lake area within
Wrangell-St. Elias National Park and Preserve, or other
lands owned by the State of Alaska.
(3) If the Secretary and the State of Alaska have not
agreed on which lands the State of Alaska will convey by
a date not later than 6 months after a license is issued pur-
suant to this Act, the United States shall accept, within
1 year after a license is issued, title to land having a suffi-
ciently equal value to satisfy State and Federal law, subject
to clear title and valid existing rights, and absence of envi-
ronmental contamination, and as provided by the laws ap-
plicable to exchanges involving lands managed by the Sec-
retary as part of the National Park System in Alaska and
the appropriate process for the exchange of State lands re-
quired by State law. Such land shall be accepted by the
United States, subject to the other provisions of this Act,
from among the following State lands in the priority listed:
COPPER RIVER MERIDIAN
(A) T. 6 S., R. 12 E., partially surveyed, Sec.
5, lots 1, 2, and 3, NE1⁄4, S1⁄2NW1⁄4, and S1⁄2. Con-
taining 617.68 acres, as shown on the plat of survey
accepted June 9, 1922.
(B) T. 6 S., R. 11 E., partially surveyed, Sec.
11, lots 1 and 2, NE1⁄4, S1⁄2NW1⁄4, SW1⁄4, and
N1⁄2SE1⁄4; Sec. 12; Sec. 14, lots 1 and 2, NW1⁄4NW1⁄4.
Containing 838.66 acres, as shown on the plat of sur-
vey accepted June 9, 1922.
(C) T. 6 S., R. 11 E., partially surveyed, Sec.
2, NW1⁄4NE1⁄4 and NW1⁄4. Containing 200.00 acres,
as shown on the plat of survey accepted June 9, 1922.
(D) T. 6 S., R. 12 E., partially surveyed, Sec.
6, lots 1 through 10, E1⁄2SW1⁄4 and SE1⁄4. Containing
approximately 529.94 acres, as shown on the plat of
survey accepted June 9, 1922.
(4) The lands to be conveyed to the State of Alaska
by the United States under paragraph (1) are lands to be
designated by the Secretary and the State of Alaska, consist-
ent with sound land management principles, based on those
lands determined by FERC with the concurrence of the Sec-
retary and the State of Alaska, in accordance with section
3(b), to be the minimum amount of land necessary for the
construction and operation of a hydroelectric project.
(5) The time periods set forth for the completion of the
land exchanges described in this Act may be extended as
necessary by the Secretary should the processes of State law
or Federal law delay completion of an exchange.
(6) For purposes of this Act, the term ‘‘land’’ means
lands, waters, and interests therein.
(b) WILDERNESS.—(1) To ensure that this transaction
maintains, within the National Wilderness Preservation
System, approximately the same amount of area of des-
ignated wilderness as currently exists, the following lands
in Alaska shall be designated as wilderness in the priority
listed, upon consummation of the land exchange authorized
by this Act and shall be administered according to the laws
governing national wilderness areas in Alaska:
(A) An unnamed island in Glacier Bay National
Park lying southeasterly of Blue Mouse Cove in sec-
tions 5, 6, 7, and 8, T. 36 S., R. 54 E., CRM, and
shown on United States Geological Survey quadrangle
Mt. Fairweather (D–2), Alaska, containing approxi-
mately 789 acres.
(B) Cenotaph Island of Glacier Bay National
Park lying within Lituya Bay in sections 23, 24, 25,
and 26, T. 37 S., R. 47 E., CRM, and shown on
United States Geological Survey quadrangle Mt.
Fairweather (C–5), Alaska, containing approximately
280 acres.
(C) An area of Glacier Bay National Park lying
in T. 31. S., R. 43 E. and T. 32 S., R. 43 E., CRM,
that is not currently designated wilderness, contain-
ing approximately 2,270 acres.
(2) The specific boundaries and acreage of these wil-
derness designations may be reasonably adjusted by the Sec-
retary, consistent with sound land management principles,
to approximately equal, in sum, the total wilderness acreage
deleted from Glacier Bay National Park and Preserve pur-
suant to the land exchange authorized by this Act.
(c) CONDITIONS.—Any exchange of lands under this
Act may occur only if—
(1) following the submission of a complete license
application, FERC has conducted economic and envi-
ronmental analyses under the Federal Power Act (16
U.S.C. 791–828) (notwithstanding provisions of that
Act and the Federal regulations that otherwise exempt
this project from economic analyses), the National
Environmental Policy Act of 1969 (42 U.S.C. 4321–
4370), and the Fish and Wildlife Coordination Act
(16 U.S.C. 661–666), that conclude, with the concur-
rence of the Secretary of the Interior with respect to
subparagraphs (A) and (B), that the construction and
operation of a hydroelectric power project on the
lands described in section 3(b)—
(A) 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 section);
(B) will comply with the requirements of
the National Historic Preservation Act (16
U.S.C. 470–470w); and
(2) Additional lands and acreage will be included as
needed in the study area described in paragraph (1) to ac-
count 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 environmental
document shall consider both the impacts resulting from li-
censing and any land exchange necessary to authorize such
project.
(c) ISSUANCE OF LICENSE.—(1) A condition of the li-
cense 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 Sec-
retary’s concurrence, that the project will not adversely im-
pact 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 con-
dition 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 Na-
tional 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 pro-
visions of the Wilderness Act (16 U.S.C. 1133–1136), the
Secretary shall issue a special use permit to Gustavus Elec-
tric Company to allow the completion of the analyses re-
ferred to in section 3. The Secretary shall impose conditions
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 administered
as part of the National Park System, subject to valid exist-
ing rights. Upon completion of the exchange of lands under
this Act, the Secretary shall adjust, as necessary, the bound-
aries of the affected National Park System units to include
the lands acquired from the State of Alaska; and adjust the
boundary of Glacier Bay National Park and Preserve to
exclude the lands transferred to the State of Alaska under
this Act. Any such adjustment 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 Secretary
shall make any necessary modifications or adjustments of
boundaries of wilderness areas as a result of the additions
and deletions caused by the land exchange referenced in sec-
tion 2. Any such adjustment 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.
(d) PAYMENTS.—Gustavus Electric Company shall not
be required to make Federal land use payments under sec-
tion 10(e) of the Federal Power Act (16 U.S.C. 803(e)) with
respect to the lands exchanged under this Act.
(e) CONCURRENCE OF THE SECRETARY.—Whenever in
this Act the concurrence of the Secretary is required, it shall
not be unlawfully withheld or unreasonably delayed.
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.