(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 nec-
essary 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 trans-
action maintains, within the National Wilderness Preser-
vation System, approximately the same amount of area of
designated 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 quad-
rangle 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, contain-
ing approximately 2,270 acres.
(2) The specific boundaries and acreage of these wil-
derness designations may be reasonably adjusted by the
Secretary, consistent with sound land management prin-
ciples, to approximately equal, in sum, the total wilderness
acreage deleted from Glacier Bay National Park and Pre-
serve pursuant 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 li-
cense application, FERC has conducted economic
and environmental 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 concurrence of the Secretary of
the Interior with respect to subparagraphs (A) and
(B), that the construction and operation of a hydro-
electric power project on the lands described in sec-
tion 3(b)—
(A) will not adversely impact the purposes
and values of Glacier Bay National Park and
Preserve (as constituted after the consumma-
tion 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 concur-
rence 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 grant-
ed a license by FERC that requires Gustavus Elec-
tric Company to submit an acceptable financing plan
to FERC before project construction may commence,
and the FERC has approved such plan.
SEC. 3. ROLE OF FERC.
(a) LICENSE APPLICATION.—(1) The FERC licens-
ing process shall apply to any application submitted by
Gustavus Electric Company to the FERC for the right
to construct and operate a hydropower 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 operation 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 submit-
ted within 3 years after the date of the enactment of this
Act.
(3) FERC will retain jurisdiction over any hydro-
power project constructed on this site.
(b) ANALYSES.—(1) The lands referred to in sub-
section (a) of this section are lands in the State of Alaska
described as follows:
COPPER RIVER MERIDIAN
Township 39 South, Range 59 East, partially sur-
veyed, 
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 sur-
veyed, Section 1 (unsurveyed), NW1⁄4, SW1⁄4, W1⁄2SE1⁄4,
and SW1⁄4SW1⁄4NE1⁄4, excluding U.S. Survey 944 and
Native allotment A–442; Section 2 (unsurveyed), frac-
tional, that portion lying above the mean high tide line
of Icy Passage, excluding U.S. Survey 944 and U.S. Sur-
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, 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-
ments to the boundaries of National Park System units
shall have no effect upon acreage determinations 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 adjustments to the bound-
aries of wilderness area shall have no effect upon acreage
determinations 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
section 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 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.
Æ