[Congressional Record Volume 144, Number 122 (Tuesday, September 15, 1998)]
[House]
[Pages H7750-H7753]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GLACIER BAY NATIONAL PARK BOUNDARY ADJUSTMENT ACT OF 1998
Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 3903) to provide for an exchange of lands near
Gustavus, Alaska, and for other purposes, as amended.
The Clerk read as follows:
H.R. 3903
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 (4) 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 (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 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 accepted by the
United States, subject to the other provisions of this Act,
from among the following State lands in the priority listed:
copper river meridian
(A) T.6 S., R. 12 E., partially surveyed, Sec. 5, lots 1,
2, and 3, NE\1/4\, S\1/2\NW\1/4\, and S\1/2\. 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, NE\1/4\, S\1/2\NW\1/4\, SW\1/4\, and N\1/2\SE\1/4\;
Sec. 12; 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.
(C) 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.
(D) 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 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 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 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
2,270 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 a complete license
application, 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 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 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) 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
(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 the FERC has approved such plan.
SEC. 3. ROLE OF FERC.
(a) License Application.--(1) The FERC licensing process
shall apply to any application submitted by Gustavus Electric
Company to the FERC for the right to construct and operate a
hydropower project on the lands described in subsection (b).
[[Page H7751]]
(2) FERC is authorized to accept and consider an
application filed by Gustavus Electric Company for the
construction and operation 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 application 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\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
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 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 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) FERC shall not license or relicense 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 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 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
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 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 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 shall not be considered in applying any acreage
limitations under section 103(b) of 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 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 of the Secretary.--Whenever in this Act the
concurrence of the Secretary is required, it shall not be
unlawfully withheld or unreasonably delayed.
SEC. 5. APPLICABLE LAW.
The authorities and jurisdiction provided in this Act shall
continue in effect until such time as this Act is expressly
modified or repealed by Congress.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Alaska (Mr. Young) and the gentleman from American Samoa (Mr.
Faleomavaega) each will control 20 minutes.
The Chair recognizes the gentleman from Alaska (Mr. Young).
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Mr. Speaker, H.R. 3903 authorizes a conditional
land exchange between the State of Alaska and the United States.
The purpose of the exchange is to enable the construction and
operation of a small, 800 kilowatt hydroelectric project for the
community of Gustavus, which is located in Southeast Alaska on the edge
of Glacier Bay National Park. If feasible, the project would also
provide low-cost, clean power to the National Park Service.
The committee held a hearing on H.R. 3903 on June 10, 1998. By a
voice vote, the bill was ordered reported, with an amendment, on July
22.
This legislation completes several years of negotiation with the
Gustavus Electric Company, the State of Alaska, the National Park
Service, and local environmental groups. I would like to thank the
gentleman from Virginia (Mr. Bliley) and the work of the Committee on
Commerce in expediting House consideration of H.R. 3903.
The need from the bill arises from Gustavus's reliance on diesel
generation for its power, which presents air emission considerations,
high energy costs, and risks of fuel spills during shipment. To avoid
the drawbacks of using diesel fuel, Gustavus Electric Company studied
alternative power sources. Hydroelectricity generating at a nearby area
called Falls Creek was identified as the city's best option. I believe
it also make sense for the National Park Service, too, because the
agency relies on a separate set of diesel generations there.
The problem with constructing a hydro-facility is that Falls Creek,
the proposed site, is currently located inside the boundary of
designated wilderness of Glacier Bay National Park, where such a
project is not allowed. To solve this problem, H.R. 3903 authorizes a
land exchange that will put the site in State ownership, redraw the
park and wilderness boundary, and enable the United States to acquire
lands of equal value in Alaska.
When this land exchange was originally proposed, there was concern
expressed by the administration and some Alaskans over the potential
environmental impact of a hydro project in Glacier Bay National Park. I
have never understood why anyone would object to hydropower when the
alternative is to continue burning diesel fuel at a national park.
Regardless, these concerns have been put to rest.
In the interest of moving forward, I agreed to make the land exchange
conditional on a determination by the Federal Energy Regulatory
Commission that a hydro facility will have no adverse impact on the
Park. In other words, there will be no land exchange, and therefore, no
project, if FERC finds there will be any harm.
The bill under consideration today has a minor amendment to the
reported bill. The amendment strikes section 4(d) of the reported bill.
This action is technical in nature only.
Mr. Speaker, at this time I include for the Record correspondence
relative to this bill.
House of Representatives,
Committee on Commerce,
Washington, DC, September 8, 1998.
Hon. Don Young,
Chairman, House Committee on Resources, Washington, DC.
Dear Don: On July 22, 1998 the Committee on Resources
ordered reported H.R. 3903, the Glacier Bay National Park
Boundary Adjustment Act of 1998. H.R. 3903, as ordered
reported by the Committee on Resources, details the role of
the Federal Energy Regulatory Commission (``FERC'') and
Gustavus Electric Company in a land exchange between the
United States and the State of Alaska. As you know, the
Committee on Commerce was granted an additional referral upon
its introduction pursuant to the Committee's jurisdiction
over the generation and marketing of power under Rule X of
the Rules of the House of Representatives.
Because of the importance of this matter, I recognize your
desire to bring this legislation before the House in an
expeditous manner. I also understand that you have agreed
[[Page H7752]]
to address this Committee's concern over section 4(d) of the
bill as ordered reported in a manager's amendment to be
offered on the Floor. Therefore, with that understanding, I
will waive consideration of the bill by the Commerce
Committee. By agreeing to waive its consideration of the
bill, the Commerce Committee does not waive its jurisdiction
over H.R. 3903. In addition, the Commerce Committee reserves
its authority to seek conferees on any provisions of the bill
that are within the Commerce Committee's jurisdiction during
any House-Senate conference that may be convened on this
legislation. I would seek your commitment to support any
request by the Commerce Committee for conferees on H.R. 3903
or related legislation.
I would appreciate your including this letter as a part of
the Committee's report on H.R. 3903 and as part of the record
during consideration of this bill by the House.
Sincerely,
Tom Bliley,
Chairman.
____
House of Representatives,
Committee on Resources,
Washington, DC, September 9, 1998.
Hon. Tom Bliley,
Chairman, Committee on Commerce,
Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
3903, the Glacier Bay National Park Boundary Adjustment Act
of 1998, a land exchange bill I introduced to help Gustavus,
Alaska, construct a small hydroelectric project to provide
clean, lower-cost power for the community and for the
operation of Glacier Bay National Park.
I appreciate you waiving your additional referral of this
bill to allow it to be considered before the House of
Representatives adjourns for the year. As your letter states,
I plan to offer a manager's amendment which addresses the
concerns you raised regarding subsection 4(d) of the bill as
reported by striking that subsection. In addition, I will
include your letter in the report on the bill and in the
Congressional Record during consideration of H.R. 3903 on the
Floor. Finally, I will support your request to be represented
on any conference on H.R. 3903 in the unlikely event that one
becomes necessary.
Thank you again for your cooperation and that of Hugh
Halpern of your staff. I look forward to seeing H.R. 3903
enacted into law soon.
Sincerely,
Don Young,
Chairman.
{time} 1530
Crafting this bill has taken some time, but the final project
advances a sensible local solution to a serious local problem and
should be enacted into law without further delay.
Mr. Speaker, I reserve the balance of my time.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I want to thank the gentleman from Alaska (Mr. Young),
the chairman of the Committee on Resources for bringing this piece of
legislation for consideration by this body.
Mr. Speaker, I rise in strong support of this legislation as it was
sponsored and authored by the gentleman from Alaska, also chairman of
the Committee on Resources.
It may strike some as unusual for a bill that can lead to a hydro
project in what is now a national park wilderness to be acceptable to
the National Park Service. But this is a unique case, Mr. Speaker. Both
the community of Gustavus, Alaska and the Park Service facilities at
Glacier Bay National Park are dependent upon diesel generation
facilities for their electrical power. Barging oil poses a threat of
spills in park waters. Diesel power generates emissions and is
expensive.
Mr. Speaker, the basic purpose of this bill is to authorize a review
of whether there are more economical and environmentally benign
alternative sources of power for the community of Gustavus. We are not
endorsing any specific project in this legislation. Rather, we are
empowering the Park Service, as partners with the Federal Energy
Regulatory Commission, to study this matter in depth prior to making
any decision of whether a small hydroelectric project is either
economically feasible or environmentally desirable.
Mr. Speaker, as an additional safeguard for the best interest of the
park's resources, we have extended what in effect is veto power for the
National Park Service, making any land exchange and FERC license
subject to their consent. Many questions remain to be addressed in this
process, including concerns raised by the environmental witnesses in
hearing testimony before the committee.
But on the balance, Mr. Speaker, I think it is worth determining in a
comprehensive public process whether there is a better way to produce
power for the community of Gustavus. In this regard, I would note for
the record a comment made by the Governor of Alaska, Tony Knowles in a
letter to the chairman of the committee, quote, ``The State has worked
closely with your staff, the National Park Service staff, and the
Gustavus Electric Company in the development of this bill; and we
believe it is in the public interest to enact such legislation. Most
notably, this land exchange would facilitate the development of the
Fall Creek hydroelectric project near Gustavus. This project, as you
know, has the potential to provide long-term affordable electricity to
the people of Gustavus and to the National Park Service facilities. It
will reduce State subsidies and replace diesel fuel with a clean,
local, and renewable energy source.''
Mr. Speaker, a small-scale hydro project and land exchange as
contemplated in this legislation may well be in the public interest.
However, that will be determined only after a joint environmental
Impact Statement conducted by the Park Service and FERC and only if a
license is issued by FERC with the consent of the Park Service.
In light of these safeguards, Mr. Speaker, I submit this to my
colleagues in the House, and I ask them for their support. Support this
legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I rise in support of H.R.
3903, the ``Glacier Bay National Park Boundary Adjustment Act of
1998.'' This bill provides for a land exchange in Alaska in
anticipation of future development of a hydroelectric project in a
remote area of the State. Development of this project will sharply
lower the cost of electricity paid by customers in this rural area,
which currently relies on high-cost diesel generation.
H.R. 3903 provides a role for the Federal Energy Regulatory
Commission in the land exchange. Under the bill, the Commission
determines the minimum amount of land necessary for the construction
and operation of a hydroelectric project. In addition, the land
exchange may occur only if the Commission has conducted economic and
environmental analyses that conclude the construction and operation of
a hydroelectric project on the exchanged land will not adversely impact
the Glacier Bay National Park and Preserve, will comply with the
National Historic Preservation Act, and can be accomplished in an
economically feasible manner.
Significantly, the bill does not circumscribe the Commission's
hydroelectric licensing process. Any hydroelectric project on the
exchanged lands must be licensed by the Commission, and the Commission
retains jurisdiction over the operation of any such facility. H.R. 3903
does not limit the application of the Federal Power act to the
licensing of a hydroelectric project on the exchanged lands. The bill
does impose additional conditions beyond those in the Act. For example,
the Commission is directed to determine the minimum amount of lands
necessary for construction and operation of a hydroelectric project.
H.R. 3903 also conditions the license on Commission approval of a
finance plan submitted by the applicant, the Gustavus Electric Company.
In addition, the bill bars the Commission from licensing or relicensing
the hydroelectric project unless it determines the project will not
adversely impact the purposes and values of Glacier Bay National Park
and Preserve. Finally, H.R. 3903 requires that the licensee mitigate
any adverse effects of the project on the purposes and values of
Glacier Bay National Park and Preserve as a condition of the license.
The Committee on Commerce has jurisdiction over all functions of the
Federal Energy Regulatory Commission, including its hydroelectric
licensing process. The Committee was pleased to work with the Committee
on Resources on this legislation. As indicated in the exchange of
correspondence in the report filed by the Committee on Resources, the
Committee on Commerce waived referral of H.R. 3903 in order to expedite
floor consideration. However, that does not constitute a waiver of
jurisdiction.
As reflected in the exchange of letters between the Committee on
Commerce and the Committee on Resources, the Committee on Resources has
agreed to an amendment to strke section 4(d) from the bill. This
amendment clarifies that the licensee must pay all Federal land use
fees required under section 10(e) of the Federal Power Act. This
exchange of letters also commemorates that the Committee on Resources
would support a request by the Committee on Commerce in the event there
is a conference on H.R. 3903.
[[Page H7753]]
I urge support for the legislation.
Mr. YOUNG of Alaska. Mr. Speaker, I have no requests for time, and I
yield back the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I do not have any additional speakers
as well, and I yield back the balance of time.
The SPEAKER pro tempore (Mr. Shimkus). The question is on the motion
offered by the gentleman from Alaska (Mr. Young) that the House suspend
the rules and pass the bill, H.R. 3903, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________