H. R. 3903—2
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. Containing 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 1,191.75 acres, as
shown on the plat of survey 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, consistent with sound
land management principles, based on those lands determined by
FERC with the concurrence of the Secretary 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 hydro-
electric 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 designated wilderness as currently
exists, the following lands in Alaska shall be designated as wilder-
ness 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 sections 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 approximately 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 approxi-
mately 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, containing approximately
2,270 acres.
(2) The specific boundaries and acreage of these wilderness
designations may be reasonably adjusted by the Secretary, consist-
ent with sound land management principles, to approximately
equal, in sum, the total wilderness acreage deleted from Glacier
Bay National Park and Preserve pursuant to the land exchange
authorized by this Act.
H. R. 3903—3
(c) CONDITIONS.—Any exchange of lands under this Act may
occur only if—
(1) following the submission of a complete license applica-
tion, FERC has conducted economic and environmental analy-
ses under the Federal Power Act (16 U.S.C. 791–828) (notwith-
standing 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 concurrence 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
(C) can be accomplished in an economically feasible
manner;
(2) FERC held at least one public meeting in Gustavus,
Alaska, allowing the citizens of Gustavus to express their views
on the proposed project;
(3) FERC has determined, with the concurrence of the
Secretary and the State of Alaska, the minimum amount of
land necessary to construct and operate this hydroelectric power
project; and
(4) Gustavus Electric Company has been granted a license
by FERC that requires Gustavus Electric Company to submit
an acceptable financing plan to FERC before project construc-
tion may commence, and the FERC has approved such plan.
SEC. 3. ROLE OF FERC.
(a) LICENSE APPLICATION.—(1) The FERC licensing process
shall apply to any application submitted by Gustavus Electric Com-
pany to the FERC for the right to construct and operate a hydro-
power project on the lands described in subsection (b).
(2) FERC is authorized to accept and consider an application
filed by Gustavus Electric Company for the construction and oper-
ation of a hydropower plant to be located on lands within the
area described in subsection (b), notwithstanding section 3(2) of
the Federal Power Act (16 U.S.C. 796(2)). Such application must
be submitted within 3 years after the date of the enactment of
this Act.
(3) FERC will retain jurisdiction over any hydropower project
constructed on this site.
(b) ANALYSES.—(1) The lands referred to in subsection (a) of
this section are lands in the State of Alaska described as follows:
COPPER RIVER MERIDIAN
Township 39 South, Range 59 East, partially surveyed, Section
(unsurveyed), 
SE1⁄4SW1⁄4, 
S1⁄2SW1⁄4SW1⁄4, 
NE1⁄4SW1⁄4,
W1⁄2W1⁄2NW1⁄4SE1⁄4, and S1⁄2SE1⁄4NW1⁄4. Containing approximately
130 acres.
Township 40 South, Range 59 East, partially surveyed, Section
1 (unsurveyed), NW1⁄4, SW1⁄4, W1⁄2SE1⁄4, and SW1⁄4SW1⁄4NE1⁄4,
H. R. 3903—4
excluding U.S. Survey 944 and Native allotment A–442; Section
2 (unsurveyed), fractional, that portion lying above the mean high
tide line of Icy Passage, excluding U.S. Survey 944 and U.S. Survey
945; Section 11 (unsurveyed), fractional, that portion lying above
the mean high tide line of Icy Passage, excluding U.S. Survey
944; 
Section 
(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 allotment 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 environmental document shall consider both
the impacts resulting from licensing and any land exchange nec-
essary to authorize such project.
(c) ISSUANCE OF LICENSE.—(1) A condition of the license to
construct and operate any portion of the hydroelectric power project
shall be FERC’s approval, prior to any commencement of construc-
tion, of a finance plan submitted by Gustavus Electric Company.
(2) The National Park Service, as the existing supervisor 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 concur-
rence, 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 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 existing rights. Upon
H. R. 3903—5
completion of the exchange of lands under this Act, the Secretary
shall adjust, as necessary, the boundaries 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 resulting from this Act shall not be charged
against 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 wilder-
ness areas as a result of the additions and deletions caused by
the land exchange referenced in section 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) CONCURRENCE OF THE SECRETARY.—Whenever in this Act
the concurrence of the Secretary is required, it shall not be unlaw-
fully withheld or unreasonably delayed.
SEC. 5. APPLICABLE LAW.
The authorities and jurisdiction provided in this Act shall con-
tinue in effect until such time as this Act is expressly modified
or repealed by Congress.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.