S 313

112th CONGRESS
1st Session

S. 313

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.

IN THE SENATE OF THE UNITED STATES

February 10, 2011

Ms. MURKOWSKI (for herself and Mr. BEGICH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources


A BILL

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.

    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 `Kantishna Hills Renewable Energy Act of 2011'.

SEC. 2. DEFINITIONS.

    In this Act:

      (1) APPURTENANCE- The term `appurtenance' includes--

        (A) transmissions 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) 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 project; and

          (iii) any distribution or transmission line 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. PERMIT FOR MICROHYDRO PROJECT.

    (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 of enactment of this Act, the Secretary shall complete any analysis required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) of a proposed microhydro project located on Eureka Creek within the Kantishna Hills area.

SEC. 4. LAND EXCHANGE.

    (a) In General- For the purpose of consolidating Park land and land owned by Doyon Tourism, Inc., 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.

END