Glacier Bay National Park Boundary Adjustment Act of 1998
PL 105-317 (H.R.3903), enacted 10/30/1998

112 STAT. 3002 
PUBLIC LAW 105-317—OCT. 30, 1998 
Public Law 105-317 
105th Congress 
Oct. 30, 1998 
[H.R. 3903] 
Glacier Bay 
National Park 
Boundary 
Adjustment Act 
of 1998. 
16 u s e 410hh-l 
note. 
An Act 
To provide for an exchange of lands located near Gustavus, Alaska, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives 
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 sub-
section (c), if the State of Alaska, in a manner consistent with 
this Act, offers to transfer to the United States the lands identified 
in paragraph (2) in exchange for the lands identified in paragraph 
(4), 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 agreement of the 
Secretary and the State of Alaska. Lands that will be considered 
for conveyance to the United States pursuant 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 pursuant to this 
Act, the United States shall accept, within 1 year after a license 
is issued, title to land having a sufficiently equal value to satisfy 
State and Federal law, subject to clear title and valid existing 
rights, and absence of environmental contamination, and as pro-
vided by 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. 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: 
PUBLIC LAW 105-317—OCT. 30, 1998 
112 STAT. 3003 
COPPER RIVER MERIDIAN 
(A) T.6 S., R. 12 E., partially surveyed, Sec. 5, lots 1, 
2, and 3, NEy4, SV2NWy4, and SV2. 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, NEy4, Sy2NWy4, SWy4, and Ny2SEy4; Sec. 12; Sec. 
14, lots 1 and 2, NWy4NWy4. 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, NWy4NEy4 
and NWy4. 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, Ey2SWy4 and SEy4. 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 unnsuned 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 Ijdng 
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 Ijdng 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. 
112 STAT. 3004 
PUBLIC LAW 105-317—OCT. 30, 1998 
(c) CONDITIONS.—Any exchange of lands under this Act may 
occur only if— 
(1) following the submission of a complete licence applica-
tion, FERC has conducted economic and environmei^tal 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 Pgirk 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 
Gustavus 
(4) Gustavus Electric Company has been granted a license 
Electric Co. 
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 Hcensing 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 apphcation 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 
36 
(unsurveyed), 
SE^ASW^A, 
Sy2SWy4SWy4, 
NEy4SWV4, 
Wy2Wy2NWy4SEy4, and Sy2SEy4NWy4. Containing approximately 
130 acres. 
Township 40 South, Range 59 East, partially surveyed. Section 
1 (unsurveyed), NWy4, SWy4, Wy2SEy4, and SWy4SWy4NEy4, 
PUBLIC LAW 105-317—OCT. 30, 1998 
112 STAT. 3005 
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 l3dng above 
the mean high tide line of Icy Passage, excluding U.S. Survey 
944; 
Section 
12 
(unsurveyed), 
fractional, 
NWy4NEy4, 
Wy2NWV4SWy4NE 1/4, and those portions of NWy4 and SWV4 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 U S E PERMIT.—Notwithstanding the provisions of Gustavus 
the Wilderness Act (16 U.S.C. 1133-1136), the Secretary shall issue 
Electric Co. 
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 fi-om 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 
112 STAT. 3006 
PUBLIC LAW 105-317—OCT. 30, 1998 
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) WEL-DERNESS 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 OP 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 tnis Act is expressly modified 
or repealed by Congress. 
Approved October 30, 1998. 
LEGISLATIVE HISTORY—H.R. 3903 (S. 2109): 
HOUSE REPORTS: No. 105-706, Pt. 1 (Comm. on Resoiirces). 
SENATE REPORTS: No. 105-306 accompanying S. 2109 (Comm. on Energy and 
Natural Resources). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Sept. 15, considered and passed House. 
Oct. 2, considered and passed Senate. 
Oct. 8, Senate vitiated passage; reconsidered and passed, amended. 
Oct. 10, House concurred in Senate amendments.