II
Calendar No. 290
112th CONGRESS
2d Session
H. R. 441
[Report No. 112–129]
IN THE SENATE OF THE UNITED STATES
October 31, 2011
Received; read twice and referred to the Committee on Energy and Natural Resources
January 13, 2012
Reported under authority of the order of the Senate of December 17, 2011, by Mr. Bingaman, without amendment
AN ACT
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.
Short title
This Act may be cited as the
Kantishna Hills Renewable Energy Act
of 2011
.
Definitions
In this Act:
Appurtenance
The term appurtenance includes—
transmission lines;
distribution lines;
signs;
buried communication lines;
necessary access routes for microhydro project construction, operation, and maintenance; and
electric cables.
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.
Map
The term map means the map
entitled Kantishna Hills Micro-Hydro Area
, numbered 184/80,276,
and dated August 27, 2010.
Microhydro project
In general
The term microhydro project means a hydroelectric power generating facility with a maximum power generation capability of 100 kilowatts.
Inclusions
The term microhydro project includes—
intake pipelines, including the intake pipeline located on Eureka Creek, approximately ½ mile upstream from the Park Road, as depicted on the map;
each system appurtenance of the microhydro projects; and
any distribution or transmission lines required to serve the Kantishna Hills area.
Park
The term Park means the Denali National Park and Preserve.
Secretary
The term Secretary means the Secretary of the Interior.
Permits for microhydro projects
In general
The Secretary may issue permits for microhydro projects in the Kantishna Hills area.
Terms and conditions
Each permit under subsection (a) shall be—
issued in accordance with such terms and conditions as are generally applicable to rights-of-way within units of the National Park System; and
subject to such other terms and conditions as the Secretary determines to be necessary.
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.
Land exchange
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.
Map availability
The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
Timing
The Secretary shall seek to complete the exchange under this section by not later than February 1, 2015.
Applicable laws; terms and conditions
The exchange under this section shall be subject to—
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
such terms and conditions as the Secretary determines to be necessary.
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).
Administration
The land acquired by the Secretary pursuant to the exchange under this section shall be administered as part of the Park.
January 13, 2012
Reported without amendment