[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2109 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2109

To provide for an exchange of lands located near Gustavus, Alaska, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 1998

 Mr. Murkowski (for himself and Mr. Stevens) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 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 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 subsection 
(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 (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 (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 which will be considered for conveyance to the 
United States pursuant to the process required by State law are: (1) 
lands owned by the State of Alaska in the Long Lake area within 
Wrangell-St. Elias National Park and Preserve; or (2) other lands owned 
by the State of Alaska.
    (3) If the Secretary and State of Alaska have not agreed on which 
lands the State of Alaska will convey by a date not later than six 
months after a license is issued pursuant to this Act, the State of 
Alaska shall convey (subject to the approval of the appropriate 
official of the State of Alaska), and the United States shall accept, 
within one 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 provided 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 conveyed to the United 
States from among the following State lands in the priority listed:

                         copper river meridian

1.  T. 6 S., R. 11 E., partially surveyed,
                Sec. 11, lots 1 and 2, NE\1/4\, S\1/2\NW\1/4\, SW\1/4\, 
                and N\1/2\SE\1/4\;
                Sec. 12, NW\1/4\;
                Sec. 14, lots 1 and 2, NW\1/4\NW\1/4\,
        Containing 838.66 acres, as shown on the plat of survey 
        accepted June 9, 1922.
2.  T. 5 S., R. 11 E., partially surveyed,
    T. 6 S., R. 11 E., partially surveyed,
                Sec. 2, NW\1/4\NE\1/4\ and NW\1/4\,
        Containing 200.00 acres, as shown on the plat of survey 
        accepted June 9, 1922,
3.  T. 6 S., R. 12 E., partially surveyed,
                Sec. 6, lots 1 through 10, E\1/2\SW\1/4\, and SE\1/4\
        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 the 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 hydroelectric project.
    (5) The time periods set forth for the completion of the land 
exchanged 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, ``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 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 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 
        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, containing approximately 2270 acres.
    (2) The specific boundaries and acreage of these wilderness 
designations may be reasonably adjusted by the Secretary, consistent 
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.
    (c) Conditions.--Any exchange of lands under this Act may occur 
only if--
            (1) following the submission of an acceptable license 
        application, the 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 (A) and (B) below, 
        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) The FERC held at least one public meeting in Gustavus, 
        Alaska, allowing the citizens of Gustavus to express their 
        views on the proposed project;
            (3) The 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;
            (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 construction 
        may commence, and FERC has approved such plan.

SEC. 3. ROLE OF FEDERAL ENERGY REGULATORY COMMISSION.

    (a) License Application.--(1) The FERC licensing process shall 
apply to any application submitted by Gustavus Electric Company to FERC 
for the right to construct and operate a hydro power project on the 
lands described in subsection (b).
    (2) The FERC is authorized to accept and consider an application 
filed by Gustavus Electric Company for the construction and operation 
of a hydro power 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 from the date of the enactment of this Act.
    (3) The 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\1/4\SW\1/4\, S\1/2\SW\1/4\SW\1/4\, NE\1/4\SW\1/4\, 
W\1/2\W\1/2\NW\1/4\SE\1/4\, and S\1/2\SE\1/4\NW\1/4\. Containing 
approximately 130 acres.
    Township 40 South, Range 59 East, partially surveyed, Section 1 
(unsurveyed). NW\1/4\, SW\1/4\, W\1/2\SE\1/4\, and SW\1/4\SW\1/4\NE\1/
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 12 
(unsurveyed), fractional, NW\1/4\NE\1/4\, W\1/2\NW\1/4\SW\1/4\NE\1/4\, 
and those portions of NW\1/4\ and SW\1/4\ 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 land 
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 necessary 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 the FERC's approval, prior to any commencement of 
construction, 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) The FERC shall not license, re-license 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 license 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 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 ensure 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 completion of the 
exchange of lands under this Act, the Secretary shall adjust, as 
necessary, the boundaries of the affected National Park System unit(s) 
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 adjustments 
to the boundaries of the National Park System units shall have no 
effect upon acreage determinations under section 103(b) of the 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 referred to in section 2. Any such adjustments to the 
boundaries of wilderness area shall have no effect upon acreage 
determination under section 103(b) of Public Law 96-487.
    (d) Payments.--Gustavus Electric Company shall not be required to 
make Federal land payments under section 10(e) of the Federal Power Act 
(16 U.S.C. 803(c)) with respect to the lands to be 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.
                                 <all>