[House Report 112-627]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-627
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TO AUTHORIZE THE ISSUANCE OF RIGHT-OF-WAY PERMITS FOR NATURAL GAS
PIPELINES IN GLACIER NATIONAL PARK, AND FOR OTHER PURPOSES
_______
July 26, 2012.--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. 4606]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4606) to authorize the issuance of right-of-way
permits for natural gas pipelines in Glacier National Park, and
for other purposes, 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 all after the enacting clause and insert the
following:
SECTION 1. PERMITS FOR EXISTING NATURAL GAS PIPELINES.
(a) In General.--The Secretary of the Interior may issue right-of-way
permits for each natural gas pipeline (including all appurtenances used
in the operation of the natural gas pipeline) that, as of March 1,
2012, is located within the boundary of Glacier National Park.
(b) Terms and Conditions.--A permit issued under subsection (a) shall
be--
(1) issued as a right-of-way renewal, consistent with laws
(including regulations) generally applicable to utility rights-
of-way within units of the National Park System;
(2) for a width of not more than 25 feet on either side of
the centerline of the natural gas pipeline; and
(3) subject to any terms and conditions that the Secretary of
the Interior determines to be necessary.
PURPOSE OF THE BILL
The purpose of H.R. 4606, as ordered reported, is to
authorize the issuance of right-of-way permits for natural gas
pipelines in Glacier National Park.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 4606 authorizes the Secretary of the Interior to issue
right-of-way permits for natural gas pipelines in Glacier
National Park in the State of Montana. In 1962, the Montana
Power Company (MPC) constructed the natural gas transmission
line serving Kalispell and the Flathead Valley. Approximately
3.5 miles (of the 118-mile line) is located within the
southwestern boundary of Glacier National Park along the right-
of-way for U.S. Highway 2. The portion of the line located in
the Park was constructed pursuant to a Special Use Permit
issued by the National Park Service (NPS) to MPC on April 10,
1962. NPS renewed the permit three times, the last of which
expired on April 14, 1990. At that time, NPS determined that it
lacked the authority to issue or renew a permit for a natural
gas line. The line serves as the sole source of natural gas for
the nearly 25,000 Kalispell residents in the Flathead Valley.
The line also serves the Park's facilities, including NPS
headquarter buildings.
Relocation of the line outside the Park is not a viable
option. Relocating the line would prove extremely difficult due
to the terrain and the resulting disturbance of lands in the
proximity of the Middle Fork of the Flathead River, which is
designated as a Wild and Scenic River, and the Great Bear
Wilderness Area. Moving the line outside the Park would require
detailed planning, siting and construction permits, which
likely would take months if not years to secure and complete.
Moreover, relocation costs would be significant. In short,
relocation of the 3.5 mile section would be an inefficient,
expensive and lengthy process.
H.R. 4606 authorizes the NPS to grant a right-of-way permit
so that the existing line and its appurtenances may continue to
be operated and maintained.
COMMITTEE ACTION
H.R. 4606 was introduced on April 24, 2012, by Congressman
Denny Rehberg (R-MT). The bill was referred to the House
Committee on Natural Resources, and within the Committee to the
Subcommittees on National Parks, Forests and Public Lands, and
Energy and Mineral Resources. On June 8, 2012, the Subcommittee
on National Parks, Forests, and Public Lands held a hearing on
the bill. On July 11, 2012, the Full Resources Committee met to
consider the bill. The Subcommittees on National Parks, Forests
and Public Lands, and Energy and Mineral Resources were
discharged by unanimous consent. Congressman Rob Bishop (R-UT)
offered amendment designated #1 to the bill; the amendment was
adopted by unanimous consent. The bill, as amended, was then
adopted and 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. 4606--A bill to authorize the issuance of right-of-way permits for
natural gas pipelines in the Glacier National Park, and for
other purposes
H.R. 4606 would authorize the National Park Service (NPS)
to issue permits for certain natural gas pipelines located in
Glacier National Park in Montana. CBO estimates that the
legislation would have no significant impact on the federal
budget. H.R. 4606 could increase offsetting receipts from
permit fees and associated direct spending; therefore, pay-as-
you-go procedures apply. However, CBO estimates that the net
effect on direct spending would be insignificant in any given
year and over the 2013-2022 period. Enacting the legislation
would not affect revenues.
The legislation would apply only to pipelines that were
built in the park prior to passage of the bill. Currently,
there is only one such pipeline. Based on information provided
by the NPS, CBO estimates that, under H.R. 4606, the owner of
that pipeline would pay less than $40,000 in fees over the
2013-2022 period to maintain permits and leases necessary to
continue operating the pipeline. That amount includes an
application fee that would be retained and spent by the NPS
without further appropriation and lease fees that would be
deposited in the Treasury.
H.R. 4606 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, Deputy
Assistant Director for Budget Analysis.
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, credit authority, or an increase or decrease in
revenues or tax expenditures. CBO estimates that the
legislation would have no significant impact on the federal
budget. H.R. 4606 could increase offsetting receipts from
permit fees and associated direct spending; therefore, pay-as-
you-go procedures apply. However, CBO estimates that the net
effect on direct spending would be insignificant in any given
year and over the 2013-2022 period.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to authorize
the issuance of right-of-way permits for natural gas pipelines
in Glacier National Park.
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.