[House Report 112-158]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-158

======================================================================



 
              KANTISHNA HILLS RENEWABLE ENERGY ACT OF 2011

                                _______
                                

 July 20, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 441]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 441) 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, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.
    The amendments are as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Kantishna Hills Renewable Energy Act 
of 2011''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Appurtenance.--The term ``appurtenance'' includes--
                  (A) transmission 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) intake pipelines, including 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 projects; and
                          (iii) any distribution or transmission lines 
                        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.

SEC. 3. PERMITS FOR MICROHYDRO PROJECTS.

  (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 on which an applicant submits an application for the 
issuance of a permit under this section, the Secretary shall complete 
any analysis required by the National Environment Policy Act of 1969 
(42 U.S.C. 4321 et seq.) of any proposed or existing microhydro 
projects located in the Kantishna Hills area.

SEC. 4. LAND EXCHANGE.

  (a) In General.--For the purpose of consolidating ownership of Park 
and Doyon Tourism, Inc. lands, including those lands affected solely by 
the Doyon Tourism microhydro project, 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.

  Amend the title so as to read:

    A bill to authorize the Secretary of the Interior to issue 
permits for microhydro projects 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 441, as ordered reported, is to 
authorize the Secretary of the Interior to issue permits for 
microhydro projects in nonwilderness areas within the 
boundaries of Denali National Park and Preserve and to acquire 
land for Denali National Park and Preserve from Doyon Tourism, 
Inc.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Kantishna Hills Renewable Energy Act of 2010, H.R. 441, 
authorizes the Secretary of the Interior to issue permits for a 
micro-hydroelectric project in the Kantishna Hills area within 
the Denali National Park and Preserve in Alaska. The 
legislation also directs the Secretary to exchange Park and 
Preserve land near or adjacent to land owned by Doyon Tourism, 
Inc., located at the mouth of Eureka Creek for approximately 18 
acres of land owned by Doyon Tourism within the Galena patented 
mining claim. H.R. 441 would allow the corporation to build a 
micro-hydroelectric project to power Kantishna Roadhouse, a 
backcountry lodge the Fairbanks-based Native Corporation owns 
100 miles inside the Park. This facility would replace a diesel 
generator Doyon currently uses to power the roadhouse.

                            COMMITTEE ACTION

    H.R. 441 was introduced on January 25, 2011, by Congressman 
Don Young (R-AK). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
National Parks, Forests and Public Lands. On May 4, 2011, the 
Subcommittee on National Parks, Forests and Public Lands held a 
hearing on the bill. On June 15, 2011, the Full Resources 
Committee met to consider the bill. The Subcommittee on 
National Parks, Forests and Public Lands was discharged by 
unanimous consent. Congressman Don Young (R-AK) offered an 
amendment to make small technical corrections to the bill. The 
amendment was adopted by unanimous consent. The bill, as 
amended, was then ordered favorably reported to the House of 
Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) 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 this bill. However, clause 3(d)(2)(B) 
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 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII 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 this bill from the 
Director of the Congressional Budget Office:

H.R. 441--Kantishna Hills Renewable Energy Act of 2011

    H.R. 441 would authorize the Secretary of the Interior to 
issue permits for microhydroelectric projects in the Kantishna 
Hills area of the Denali National Park and Preserve in Alaska. 
The bill also would authorize an exchange of land between the 
Department of the Interior and Doyon Tourism, Inc.
    Based on information from the National Park Service, CBO 
estimates that implementing the bill would have no significant 
impact on the federal budget. Enacting H.R. 441 would not 
affect direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    H.R. 441 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. CBO estimates that 
implementing the bill would have no significant impact on the 
federal budget. Enacting H.R. 441 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
