[House Report 112-627]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-627

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



 
   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.

                                  
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