[House Report 104-840]
[From the U.S. Government Publishing Office]
104th Congress Rept. 104-840
HOUSE OF REPRESENTATIVES
2d Session Part 1
_______________________________________________________________________
GLACIER BAY NATIONAL PARK BOUNDARY ADJUSTMENT ACT OF 1996
_______
September 25, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 2561]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2561) to provide for an exchange of lands located near
Gustavus, Alaska, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Glacier Bay National Park Boundary
Adjustment Act of 1996''.
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),
the Secretary of the Interior (hereinafter referred to in this Act as
the ``Secretary'') shall complete such exchange no later than 6 months,
absent extraordinary circumstances, after the issuance of a license to
Gustavus Electric Company by the Federal Energy Regulatory Commission
(FERC), in accordance with section 4 of 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.
(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 to be considered for conveyance to the United
States are: (A) conveyed or approved Native allotments in Glacier Bay
that would be included in a 3-way exchange among the United States,
State of Alaska, and individual allotment owners; (B) lands owned by
the State of Alaska in the Chilkoot Trail Unit of Klondike Gold Rush
National Historical Park; and (C) other lands owned by the State of
Alaska in or adjacent to a National Park System Unit in Alaska.
(3) The lands to be conveyed to the State of Alaska by the United
States are those 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, in accordance with section 3(b), to be
the minimum amount of land necessary for the construction and operation
of a hydroelectric project pursuant to 18 CFR Part 4.
(b) Wilderness.--To ensure that this transaction maintains the same
amount of area of designated wilderness as currently exists, the
following lands and waters in Alaska shall be designated as wilderness
in the priority listed, pursuant to the Wilderness Act (16 U.S.C. 1131-
1136), upon consummation of the land exchange authorized by this Act:
(1) The conveyed or approved Native allotments in Glacier Bay
that are included in the 3-way land exchange among the United
States, State of Alaska, and individual allotment owners, if
such exchange occurs pursuant to subsection (a)(2).
(2) An unnamed island in Glacier Bay National Park lying
southeasterly of Blue Mouse Cove in section 5, 6, 7, and 8, T.
36 S., R. 54 E., CRM, and shown on USGS quadrangle Mt.
Fairweather (D-2), Alaska, containing approximately 789 acres.
(3) Cenotaph Island of Glacier Bay National Park lying within
Lituya Bay in section 23, 24, 25, and 26, T. 37 S., R 47 E.,
CRM, and shown on USGS quadrangle Mt. Fairweather (C-5),
Alaska, containing approximately 280 acres.
The specific boundaries and acreage of these wilderness designations
will be reasonably adjusted to 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 pursuant to this Act shall
occur only if--
(1) following the submission of an acceptable license
application, FERC has conducted economic and environmental
analyses under the authority of the Federal Power Act (FPA) (16
U.S.C. 791-828) notwithstanding provisions of the Code of
Federal Regulations or such Act that might otherwise exempt a
project of this type from economic analyses; the National
Environmental Policy Act (NEPA) (16 U.S.C. 4321-4370), and the
Fish and Wildlife Coordination Act (FWCA) (16 U.S.C. 661-666);
which analyses conclude 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
references in this section); and
(B) will comply with the requirements of the National
Historic Preservation Act (NHPA) (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 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, inter alia, the licensee to submit an
acceptable financing plan to FERC before project construction
may commence, and FERC has approved such plan; and
(5) language has been placed in the deed relating to the land
referernces in section 2(a)(3) that ensures that in the event
the project is not built, or ceases operation, this land will
be managed in a manner compatible with the values and purposes
of Glacier Bay National Park and Preserve.
SEC. 3. ROLE OF FERC.
(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 hydropower project on the lands
referenced in subsection (b).
(2) The FERC is authorized to accept and consider an application if
filed by Gustavus Electric Company for the construction and operation
of a hydropower plant to be located on lands within the area described
in subsecton (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 enactment of this Act.
(b) Environmental and Economic Analyses.--(1) The lands to be the
subject of the analyses referenced in section 2(c) are 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 930 acres. Aggregating
approximately 960 acres.
(2) Additional lands and acreage will be included as needed in the
study area described in subsection (b)(1) to account for accretion to
these lands from natural forces.
(3) In consultation with the Secretary and the State of Alaska, FERC
shall determine the minimum amount of lands necessary for the
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 in the licensing of such a 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 16 U.S.C. 797(e)
of the Federal Power Act.
(3) 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.
Additionally, the FERC shall not relicense the project 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 at the time of relicensing).
SEC. 4. ROLE OF SECRETARY OF THE INTERIOR.
(a) Special Use Permit.--Notwithstanding the provisions of the
Wilderness Act (16 U.S.C. 1133), the Secretary shall issue a Special
Use Permit to Gustavus Electric Company to ensure the completion of the
analyses referred to in section 3 and to undertake activities that are
necessary to complete this task. The Secretary may impose conditions in
the permit as needed to protect the resources 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 in
Alaska 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
section.
(c) 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.
(d) Payments.--Gustavus Electric Company shall not be required to
make Federal land use payments under section 10(e) of the Federal Power
Act (16 U.S.C. 803(e)).
PURPOSE OF THE BILL
The purpose of H.R. 2561 is to provide for an exchange of
lands located near Gustavus, Alaska.
BACKGROUND AND NEED FOR LEGISLATION
This bill would facilitate a land exchange between the
State of Alaska and the National Park Service to facilitate the
construction of a hydroelectric project on Fall Creek just
outside the City of Gustavus, Alaska.
The City of Gustavus has worked tirelessly for the past 20
years to improve the local environment and to bring about
savings to the community. The community desires to construct on
Fall Creek an 800 kilowatt ``run of the stream'' mini
hydroelectric project. The project would be used during peak
flow periods to produce electricity as an alternative to
current diesel production which presents air quality concerns
and is much more expensive. This hydroelectric project has the
support of the local community, the Alaska legislature and the
Governor of the State of Alaska.
The project is forecast to cost $2 million and would be
financed with private funds. The project would save the
National Park Service in excess of $2 million from cost
avoidance of electrical upgrades and about $250,000 per year in
reduced costs by relying on hydropower for most of the year.
Similarly, Power Cost Equalization subsidies from the State of
Alaska would be reduced by approximately $250,000 a year.
Federal law prohibits the construction of hydroelectric
projects within wilderness areas such as the Glacier Bay
National Park and Preserve where the proposed hydroelectric
project would be located. As introduced, H.R. 2561 would have
provided for an acre-for-acre land exchange that will allow the
project to be constructed: 960 acres of wilderness would be
withdrawn from the Glacier Bay National Park and Preserve in
exchange for 960 acres in the Dude Creek Critical Habitat area
now managed by the State of Alaska. This would be a no net loss
of park lands exchange. The Administration was opposed to the
bill as introduced but supports the bill as reported.
COMMITTEE ACTION
H.R. 2561 was introduced on October 31, 1995, by
Congressman Don Young (R-AK). The bill was referred to the
Committee on Resources, which held a hearing on the bill on
November 11, 1995. On September 18, 1996, the Committee met to
consider H.R. 2561. Congressman Young offered an amendment in
the nature of a substitute. The amendment was adopted by voice
vote, and the bill, as amended, was ordered favorably reported
to the House of Representatives by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
With respect to the requirements of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee on Resources' oversight findings and
recommendations are reflected in the body of this report.
INFLATIONARY IMPACT STATEMENT
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee estimates that the
enactment of H.R. 2561 will have no significant inflationary
impact on prices and costs in the operation of the national
economy.
COST OF THE LEGISLATION
Clause 7(a) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 2561. However, clause 7(d) of that Rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
COMPLIANCE WITH HOUSE RULE XI
1. With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
2561 does not contain any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures.
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 2561.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI of the Rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
2561 from the Director of the Congressional Budget Office.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 20, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 2561, the Glacier Bay National Park Boundary
Adjustment Act of 1996, as ordered reported by the House
Committee on Resources on September 18, 1996. Enacting H.R.
2561 could affect direct spending; therefore, pay-as-you-go
procedures would apply to the bill. However, CBO estimates that
enacting the bill would have no significant effect on direct
spending. We estimate that implementing the bill would increase
discretionary spending, but that the increase would total less
than $50,000 over the 1997-2002 period, assuming appropriation
of the necessary amounts.
H.R. 2561 would direct the Secretary of the Interior to
convey sufficient federal land to the state of Alaska to allow
the Gustavus Electric Company to construct and operate a
hydroelectric power project. In return, the state of Alaska
would convey land from the areas specified by the bill. The
bill specifies that the lands acquired from Alaska be added to
and administered as part of the Glacier Bay National Park and
Preserve. The bill also would direct the Secretary to adjust
the boundaries of the park to reflect the land exchange. The
land to be exchanged would be determined based on a study by
the Federal Energy Regulatory Commission (FERC) of the minimum
amount of land necessary to construct the hydroelectric power
project. Based on information from the National Park Service
and the Bureau of Land Management, CBO estimates that conveying
the federal land identified for potential exchange with Alaska
would not result in any loss of receipts to the U.S. Treasury.
Based on information from the National Park Service, we
estimate that conducting the conveyances and adjusting the park
boundaries would cost the National Park Service less than
$50,000, assuming appropriation of the necessary amounts. Any
increase in annual costs to FERC for performing studies
required by the bill or issuing a new hydroelectric license
would be offset by annual fees the agency is required to charge
the industries it regulates. Since FERC is required, under
current law, to collect fees so as to offset the full amount of
its annual appropriation, any additional work performed by the
agency as a result of enacting this bill would have no net
budgetary impact.
This bill would impose no private-sector or
intergovernmental mandates as defined in the Unfunded Mandates
Reform Act of 1995 (Public Law 104-4) and would impose no costs
on state, local, or tribal governments. The state of Alaska
currently pays subsidies to individuals in the community of
Gustavus to reduce their electric power cost. Should the land
exchange authorized by this bill lead to the construction and
operation of a hydroelectric power project, these costs would
be reduced and the payments by the state would decrease.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Kim Cawley,
Deborah Reis, and Victoria V. Heid (for federal costs), and
Marjorie Miller (for the state and local impact).
Sincerely,
June E. O'Neill, Director.
COMPLIANCE WITH PUBLIC LAW 104-4
H.R. 2561 contains no unfunded mandates.
CHANGES IN EXISTING LAW
If enacted, H.R. 2561 would make no changes in existing
law.