II 111th CONGRESS 2d Session S. 3820 IN THE SENATE OF THE UNITED STATES September 22, 2010 Mr. Begich (for himself and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to issue permits for a microhydro project in nonwilderness areas within the boundaries of Denali National Park and Preserve, to acquire land for Denali National Park and Preserve from Doyon Tourism, Inc., and for other purposes.

1.

Short title

This Act may be cited as the Kantishna Hills Renewable Energy Act of 2010.

2.

Definitions

In this Act: (1)

Appurtenance

The term appurtenance includes— (A)transmissions lines; (B)distribution lines; (C)signs; (D)buried communication; (E)maintenance roads; and (F)electric cables. (2)

Kantishna Hills area

The term Kantishna Hills area means the area of the Park located within 2 miles of Moose Creek, as indicated on the map. (3)

Map

The term map means the map entitled Doyon-Kantishna Land Exchange Map and dated ____________. (4)

Microhydro project

(A)

In general

The term microhydro project means a hydroelectric power generating facility with a maximum power generation capability of less than 100 kilowatts. (B)

Inclusions

The term microhydro project includes— (i)the intake pipeline located on Eureka Creek, approximately 1/2 mile upstream from the Park Road, as depicted on the map; (ii)each system appurtenance of the microhydro project; and (iii)any distribution or transmission line required to serve the Kantishna Hills area. (5)

Park

The term Park means the Denali National Park and Preserve in the State of Alaska. (6)

Secretary

The term Secretary means the Secretary of the Interior.

3.

Permit for microhydro project

(a)

In general

Subject to subsection (b), not later than 180 days after the date of enactment of this Act, the Secretary shall issue in nonwilderness areas within the boundaries of the Park permits for the microhydro project. (b)

Terms and conditions

Each permit under subsection (a) shall be— (1)issued in accordance with such terms and conditions as are generally applicable to rights-of-way within units of the National Park System; and (2)subject to such other reasonable terms and conditions as the Secretary determines to be necessary to protect the purposes and values of the Park.

4.

Land exchange

(a)

In general

Subject to subsection (d), the Secretary shall exchange the approximately 18 acres of land within the boundary of the Park, as generally depicted on the map, for the approximately 18 acres of land owned by Doyon Tourism, Inc., as generally depicted on the map. (b)

Map availability

The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c)

Timing

The Secretary shall seek to complete the exchange under this section by not later than February 1, 2015. (d)

Applicable laws; terms and conditions

The exchange under this section shall be subject to— (1)the laws (including regulations) and policies applicable to exchanges of land administered by the National Park Service, including the laws and policies concerning land appraisals and equalization of values; and (2)such terms and conditions as the Secretary considers to be appropriate. (e)

Equalization of values

If the tracts proposed for exchange under this section are determined not to be equal in value, an equalization of values may be achieved by adjusting the quantity of acres described in subsection (a). (f)

Administration

The land acquired by the Secretary pursuant to the exchange under this section shall be administered as part of the Park.