II 112th CONGRESS 1st Session S. 313 IN THE SENATE OF THE UNITED STATES February 10, 2011 Ms. Murkowski (for herself and Mr. Begich) 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 2011.

2.

Definitions

In this Act: (1)

Appurtenance

The term appurtenance includes— (A)transmissions lines; (B)distribution lines; (C)signs; (D)buried communication lines; (E)necessary access routes for microhydro project construction, operation, and maintenance; 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 depicted on the map. (3)

Map

The term map means the map entitled Kantishna Hills Micro-Hydro Area, numbered 184/80,276, and dated August 27, 2010. (4)

Microhydro project

(A)

In general

The term microhydro project means a hydroelectric power generating facility with a maximum power generation capability of 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. (6)

Secretary

The term Secretary means the Secretary of the Interior.

3.

Permit for microhydro project

(a)

In general

The Secretary may issue permits for microhydro projects in the Kantishna Hills area. (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 terms and conditions as the Secretary determines to be necessary. (c)

Completion of environmental analysis

Not later than 180 days after the date of enactment of this Act, the Secretary shall complete any analysis required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) of a proposed microhydro project located on Eureka Creek within the Kantishna Hills area.

4.

Land exchange

(a)

In general

For the purpose of consolidating Park land and land owned by Doyon Tourism, Inc., and subject to subsection (d), the Secretary may exchange Park land near or adjacent to land owned by Doyon Tourism, Inc., located at the mouth of Eureka Creek in sec. 13, T.16 S., R. 18 W., Fairbanks Meridian, for approximately 18 acres of land owned by Doyon Tourism, Inc., within the Galena patented mining claim. (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, equalization of values, and environmental compliance; and (2)such terms and conditions as the Secretary determines to be necessary. (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.