[Congressional Record Volume 144, Number 66 (Thursday, May 21, 1998)]
[Senate]
[Pages S5325-S5327]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI (for himself and Mr. Stevens):
  S. 2109. A bill to provide for an exchange of lands located near 
Gustavus, Alaska, and for other purposes; to the Committee on Energy 
and Natural Resources.


       Glacier Bay National Park Boundary Adjustment Act of 1998

  Mr. MURKOWSKI. Mr. President, I rise today for the purpose of 
introducing legislation, that when enacted, will provide for a cleaner 
electrical system for Glacier National Park and Preserve in Alaska.
  Vice President Al Gore in his opening remarks to the President's 
Council on Sustainable Development on January 13, 1994 said ``Our 
objective is results that are cleaner for the environment and cheaper 
for the economy.'' My objective for Glacier Bay National Park and the 
nearby Gustavus community mirrors that of the Vice President--to 
produce electricity that will be cleaner for the environment and 
cheaper for the economy.
  Glacier Bay National Park currently generates its own electrical 
power using diesel generators. The electrical generation equipment now 
in place is expensive to maintain and is unreliable. It is my 
understanding that over the years there have been at least two oil 
spills into the waters of Glacier Bay, the tank farm is leaking, and 
the current electrical system is in need of major repair. In short, the 
diesel system at Glacier Bay is unacceptable in environmental terms
  Before we spend tax payers dollars to add band-aids to this 
antiquated system, we ought to consider an environmentally sound and 
cheaper option for the production of electrical power.
  Fortunately, there is a viable option. Enactment of this legislation 
would allow the placement and installation of a small water powered 
electrical system in the Fall Creek area on the southeast corner of 
Glacier Bay National Park and Preserve.
  Before park advocates take out their swords and start drawing lines 
in the sand, I want to make it very clear that I am not suggesting that 
we allow for the construction of a Hoover Dam in a National Park. I am 
suggesting that a ``run of stream'' small diversion weir be placed 
along Fall Creek within the boundaries of the Park.
  Since the Fall Creek area of this proposed hydro power system is in a 
Wilderness area designated by Congress, any redrawing of boundaries of 
Glacier Bay National Park or other procedure to permit the system 
requires Congressional approval. As envisioned, the site required will 
amount to approximately 78 acres. If only the ``footprint'' is 
considered, as little as 5 acres would be utilized.
  I believe there are considerable environmental benefits and economic 
advantages to be gained by eliminating dependence upon diesel fossil 
fuel and converting to a small water powered electrical system to 
provide power to the community of Gustavus and the National Park 
Service in Glacier Bay. In addition to providing clean, cheaper, stable 
priced, hydro electricity, substantial savings will occur to the State 
of Alaska, the National Park Service and to consumers. Significant 
economic savings from appropriations and increasing operational 
expenses for the existing systems, along with the environmental 
enhancements will have continuing long term benefits that more than 
compensate for a loss of some 5 acres for the Fall Creek System. These 
multiple benefits should be sufficient merit alone to justify a 
restructuring of Park boundaries to accommodate the new electrical 
generating system.
  I realize that however meritorious the proposal may be, taking 
Wilderness out of a system or lands out of a park will be unacceptable 
to some. Under the provisions of this legislation lands removed from 
the boundaries of the Park will be replaced with State lands in another 
park. In other words, there will be no net loss of Wilderness.
  We need to clean and protect the environment at Glacier Bay and 
Gustavus, this legislation is the beginning. The completed project will 
serve as a conservation model to other communities--an example of 
significant environmental advantages coupled with substantial economic 
savings to the public and government which could be realized elsewhere, 
particularly in the rural communities of Alaska.
  I ask unanimous consent that the entire text of the bill be printed 
in the Record.
  There being no objection, the bill was order to be printed in the 
Record, as follows:

                                S. 2109

       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 the 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

[[Page S5326]]

     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., 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 analyzes 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 analyzes), 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) Analyzes.--(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 1015 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 analyzes 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 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 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 required 
     to make Federal land

[[Page S5327]]

     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.
                                 ______