[Senate Report 113-19]
[From the U.S. Government Publishing Office]
Calendar No. 50
113th Congress Report
SENATE
1st Session 113-19
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DENALI NATIONAL PARK IMPROVEMENT ACT
_______
April 22, 2013.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 157]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 157) to provide for certain improvements
to the Denali National Park and Preserve in the State of
Alaska, and for other purposes, having considered the same,
reports favorable thereon without amendment and recommends that
the bill do pass.
PURPOSE
The purposes of S. 157 are to authorize the Secretary of
the Interior to issue right-of-way permits for a natural gas
transmission pipeline in non-wilderness areas within the
boundary of Denali National Park; to authorize the Secretary of
the Interior to issue permits for a micro hydroelectric project
in non-wilderness areas within the boundaries of Denali
National Park and Preserve; to exchange land managed by Denali
National Park and Preserve with land from Doyon Tourism, Inc.,
which is located within the park; and to rename the Talkeetna
Ranger Station in Talkeetna, Alaska, in honor of Walter Harper.
BACKGROUND AND NEED
Gas pipeline right-of-way
Currently, electricity in south-central Alaska is largely
generated by burning natural gas produced from the gas fields
in Cook Inlet, south of Anchorage, although production from
Cook Inlet has been declining. There are concerns regarding the
region's ability to produce sufficient gas to support the
area's population. Plans for a large-volume natural gas
pipeline to run from the Prudhoe Bay oil fields to the Lower 48
States may not be finished in time to provide needed gas to
south-central Alaska. Therefore, Alaska is considering
investing in a smaller pipeline to meet medium-term demand.
The in-state pipeline would run from Alaska's North Slope
region, past Fairbanks, through the Nenana River Canyon and
Denali National Park and Preserve following the existing
highway, 7 miles of which pass through the park. The proposed
pipeline makes use of the existing highway right-of-way, and
comes near, but does not cross the wilderness boundary in the
park.
S. 157 authorizes the Secretary of the Interior to permit a
pipeline to run through a small portion of the park, along an
existing highway right-of-way, subject to appropriate analysis
under the National Environmental Policy Act and National Park
System laws. The Park Service has preliminarily indicated that
running the pipeline along the existing highway right-of-way
would be better for the park than constructing a new right-of-
way through a scenic vista just outside the park's boundary.
Micro hydroelectric projects
The Kantishna Roadhouse (The Roadhouse) is owned by Doyon
Tourism, Inc., which is a subsidiary of Alaska Native
Corporation Doyon, Ltd. It is a full-service lodge located 92
miles inside Denali National Park and Preserve at the end of
the Denali Park Road. The original roadhouse at Kantishna was
built in the early 1900s, serving as a private residence, a
community center, post office, and an informal hotel
accommodations for those who came visiting Kantishna in Denali
Park.
The Roadhouse, like many structures within Denali National
Park, is entirely off the grid and generates all of its
electricity needs with a diesel generator. As a result, diesel
must be trucked using Denali Park Road. The construction of
this micro hydroelectric project would allow the Roadhouse to
reduce its diesel use and transport by approximately 50
percent. This would result in less air and sound pollution in
this remote area as well as reducing the risk of accident or
spill, allowing for greater protection of visitors to the park,
wildlife, and other resources in the park.
The proposed microhydro generator would be supplied by
Eureka Creek, a 4-mile-long stream. Some water from the creek
would be diverted through an at-grade water intake with a
conduit to carry water downhill to the generator housed in one
of Doyon Tourism's buildings. The generator is capable of
producing approximately 100 kilowatts of power. An electrical
distribution line would carry the electricity to the lodge,
about 600 feet from the microhydro generator. A battery bank
would store surplus electricity to accommodate peak power
demands and maintenance shut-downs of the generator. Water
diverted from Eureka Creek through the microhydro generator
would be piped to Moose Creek, less than 100 feet downstream
from the mouth of Eureka Creek.
Other lodge operators in the park and the Eielson Visitor
Center have successfully used a microhydro generator system to
power their respective structures. S. 157 will allow the
National Park Service to issue permits to the Kantishna
Roadhouse for a similar power generation arrangement. In
addition, S. 157 would authorize the Secretary to issue permits
for other microhydro projects for in the Kantishna Hills area
subject to applicable National Park Service terms and
conditions.
Land exchange
S. 157 also authorizes a land exchange between Denali
National Park and Doyon Tourism, Inc., for the purpose of
consolidating land holdings for both the park and Doyon.
Walter Harper Talkeenta Ranger Station
The Talkeetna Ranger Station is located in southcentral
Alaska. The Ranger Station is approximately 100 miles from the
south entrance to Denali National Park and Preserve and is the
headquarters for the Park's mountaineering rangers. All
climbing expeditions to Mt. McKinley and Mt. Foraker obtain
permits and mountain orientation at this Ranger Station. Denali
National Park and Preserve visitors can also obtain general
park information at the Ranger Station.
Renaming the Talkeetna Ranger Station will honor Walter
Harper, an Alaskan Native of Athabascan Indian and Scottish
descent. Nearly 100 years ago, Mr. Harper along with Hudson
Stuck set out to reach the summit of Mount McKinley in the
Alaskan Range. After an arduous three month trek from
Fairbanks, Walter Harper became the first person to set foot on
top of North America's tallest peak on June 7, 1913. The bill
is needed to rename the Talkeetna Ranger Station to the Walter
Harper Talkeetna Ranger Station in honor of Mr. Harper's
achievements and the upcoming 100 year anniversary of the
historic summit of Denali.
LEGISLATIVE HISTORY
S. 157 was introduced by Senators Murkowski and Begich on
January 28, 2013. At its business meeting on March 14, 2013,
the Committee ordered S. 157 favorably reported.
S. 157 combines elements from three bills considered by the
Committee in the 112th Congress: S. 302, H.R. 441, and S. 2273.
S. 302, also sponsored by Senators Murkowski and Begich, was
introduced on February 8, 2011. The Subcommittee on National
Parks held a hearing on the bill on May 11, 2011 (S. Hrg. 112-
124). The Committee ordered S. 302 favorably reported without
amendment at its business meeting on January 13, 2012 (S. Rpt.
112-107). S. 302 passed the Senate without amendment by
unanimous consent on January 1, 2013.
H.R. 441 was introduced by Representative Don Young on
January 25, 2011. Senator Murkowski introduced identical
legislation, S. 313, on February 10, 2011. H.R. 441 passed the
House of Representatives by voice vote agreed to on October 24,
2011. The ordered H.R. 441 reported without amendment on
January 13, 2012 (S. Rpt. 112-129).
S. 2273 was introduced by Senator Murkowski on March 29,
2012. The Subcommittee on National Parks held a hearing on June
27, 2012 (S. Hrg. 112-578).
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on March 14, 2013, by voice vote of a quorum
present, recommends that the Senate pass S. 157.
SECTION-BY-SECTION ANALYSIS
Section 1 provides for the short title, the ``Denali
National Park Improvement Act''.
Section 2(a) defines key terms used in the bill.
Section 2(b) authorizes the Secretary of the Interior
(Secretary) to issue permits for microhydro projects in the
Kantishna Hills area of Denali National Park and Preserve.
Subsection (b)(2) directs that each permit be in accordance
with terms and conditions generally applicable to units of the
National Park System and subject to such other terms and
conditions as the Secretary determines to be necessary.
Subsection (b)(3) requires completion of any environmental
analysis required by National Environment Policy Act within 180
days of submission of the application for issuance of the
permit.
Subsection (c) authorizes an exchange of land managed by
Denali National Park and Preserve that is near the microhydro
projects to Doyon Tourism, Inc., in exchange for approximately
18 acres owned by Doyon Tourism, Inc., within the Galena
patented mining claim. The purpose of the land exchange is to
consolidate lands managed by the park and those owned by Doyon
Tourism, Inc.
Subsection (c)(2) directs that the map be available for
public inspection in the appropriate offices of the National
Park Service.
Subsection (c)(3) provides that the Secretary seek to
complete the land exchange no later than February 15, 2015.
Subsection (c)(4) requires the land exchange be subject to
the laws and policies applicable to land managed by the
National Park Service and to such terms and conditions as the
Secretary deems necessary.
Subsection (c)(5) authorizes an equalization of values of
the lands to be exchanged by adjusting the acreage should the
parcels being exchanged be determined to not be of equal value.
Subsection (c)(6) requires the Secretary to manage the land
acquired from Doyon Tourism, Inc., to be administered as part
of Denali National Park and Preserve.
Section 3(a) defines key terms used key terms in the bill.
Subsection (b) authorizes the Secretary to issue right-of-
way permits for a high-pressure natural gas transmission
pipeline and appurtenances within non-wilderness areas of
Denali National Park, along the 7-mile segments of the George
Parks highway that runs through the park. The Secretary would
also be authorized to issue rights-of-way for distribution and
transmission pipelines and appurtenances, if the Secretary
determines they are necessary to provide a natural gas supply
to the park.
Subsection (c) provides that the Secretary may only issue a
permit authorized under subsection (b): if the permit is
consistent with the laws and regulations generally applicable
to utility rights-of-way within units of the National Park
System; if it is in accordance with section 1106 of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3166(a));
and if, following appropriate analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
Secretary finds that the route of the right-of-way is the route
through the park with the least adverse environmental effects
for the park. The permit shall be subject to any other terms
and conditions the Secretary determines to be necessary.
Section 4(a) designates the Talkeetna Ranger Station on
Talkeetna, Alaska, as ``Walter Harper Talkeetna Ranger
Station''.
Subsection (b) dictates any references made in section (a)
are references to the ``Walter Harper Talkeetna Ranger
Station''.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 157--Denali National Park Improvement Act
Based on information provided by the National Park Service
(NPS), CBO estimates that implementing S. 157 would have no
significant impact on the federal budget. The bill 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;
Authorize an exchange of land between the
Department of the Interior and Doyon Tourism, Inc.,
Authorize the NPS to issue permits to
construct a natural gas pipeline in the Denali National
Park; and
Redesignate the Talkeetna Ranger Station as
the Walter Harper Talkeetna Ranger Station.
Enacting S. 157 could increase offsetting receipts (from
permit fees) and associated direct spending; therefore, pay-as-
you-go procedures apply. If potential owners or operators of a
pipeline seek permits from the NPS, the agency could collect a
fee to recover any costs associated with issuing such permits.
NPS would retain and spend those amounts to process the permit
without further appropriation, and any excess receipts would be
deposited in the Treasury. CBO estimates that the total
collections under the bill would be insignificant over the
2014-2023 period, and the net effect on direct spending would
be negligible. Enacting the legislation would not affect
revenues.
S. 157 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.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 157.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 157, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 157, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
Executive Communications were not requested by the Senate
Committee on Energy and Natural Resources in the 113th
Congress. The following Administration testimony references
similar legislation introduced in the 112th Congress:
The testimony provided by the National Park Service at the
May 11, 2011, Subcommittee on National Parks hearing on S. 302
and S. 313; and
The testimony provided by the National Park Service at the
June 27, 2012, Subcommittee on National Parks hearing on S.
2273 follows.
Statement of Stephen E. Whitesell, Associate Director, Park Planning,
Facilities and Lands, National Park Service Department of the Interior
s. 302
Mr. Chairman, thank you for the opportunity to testify and
provide the views of the National Park Service (NPS) on S. 302,
a bill to authorize the Secretary of the Interior to issue
right-of-way permits for a natural gas transmission pipeline in
nonwildemess areas within the boundary of Denali National Park,
and for other purposes.
The Department has no objection to the bill as written.
The potential owners and operators of such a pipeline have
not, at this time, determined whether such a line carrying
natural gas to south-central Alaska is financially feasible,
nor have they determined the best route for a pipeline. This
legislation provides flexibility for the backers of a proposed
pipeline, and provides assurance to the NPS that the National
Environmental Policy Act analysis will be completed before any
permit for work in the park would be issued by the Secretary.
The legislation also provides authority for the Secretary
to permit distribution lines and related equipment within the
park for the purpose of providing a natural gas supply to the
park. We support this provision, but remind the committee that
at this time no decisions have been made about the financial or
engineering feasibility, nor the exact configuration of
equipment needed to facilitate tapping the larger line to allow
local use of natural gas in or near Denali National Park.
Thank you for the opportunity to testify and we would
welcome any questions you or other members may have.
s. 313
Mr. Chairman, thank you for the opportunity to present the
views of the Department of the Interior on S.313, a bill to
authorize the Secretary of the Interior to issue permits for a
micro-hydro project in non-wilderness areas within the
boundaries of Denali National Park and Preserve, and for other
purposes.
The Department supports this legislation with amendments
and recognizes improvements made from the similar bill
introduced in the previous Congress. S. 313 would authorize the
Secretary of the Interior to issue permits for micro-hydro
projects in a limited area of the Kantishna Hills in Denali
National Park. The legislation would also authorize a land
exchange between the National Park Service (NPS) and Doyon
Tourism, Inc. (Doyon) involving lands near the historic mining
community of Kantishna that would be mutually beneficial to the
NPS and Doyon.
This legislation will reduce the use of fossil fuels in the
park, and thus lessen the chance of fuel spills along the park
road and at the Kantishna lodges. It will lower the number of
non-visitor vehicle trips over the park road, lessen the noise
and emissions from diesel generators in the Moose Creek valley,
and support clean energy projects and sustainable practices
while ensuring that appropriate review and environmental
compliance protects all park resources.
Doyon Tourism, Inc., a subsidiary of Alaska Native
Corporation Doyon, Ltd., has requested permits from the NPS to
install a micro-hydroelectric project on Eureka Creek, near
their Kantishna Roadhouse. The NPS supports the intent of this
project, however, neither the Secretary nor the Federal Energy
Regulatory Commission (FERC) has the statutory authority to
issue permits for portions of hydroelectric projects within
national parks or monuments. We believe that the authorization
contained in this legislation is necessary to enable the NPS to
allow this micro-hydroelectric project within the park.
The Kantishna Roadhouse, at the end of the 92-mile-long
Denali park road, has been in business for 28 years, hosts
approximately 10,000 guests per summer, and currently uses an
on-site 100 kilowatt (KW) diesel generator to provide power for
the facility. The proposed hydroelectric installation would
reduce use of the diesel generator at the lodge. Currently,
delivery of diesel fuel to the lodge requires a tanker truck
and trailer to be driven the entire length of the Denali park
road. Noted for its undeveloped character, the road is unpaved
for 77 miles of its 92-mile length, crosses high mountain
passes without guardrails, and is just one to 1\1/2\ lanes wide
with pullouts. The road is justly famous for wildlife viewing
opportunities and in order to protect wildlife as well as the
road's scenic wilderness character, vehicle traffic is limited.
Reducing the amount of diesel fuel hauled over this road in
tanker trucks protects park resources by reducing the risk of
accident or spill, and simultaneously reduces overall vehicle
use of the road.
Eureka Creek is a 4-mile-long stream that drains a 5-
square-mile watershed and discharges about 15 cubic feet per
second (cfs) during the summer. Most of the floodplain has been
disturbed by past placer mining, but no mining claims exist on
the creek now and no other landowners besides Doyon and the NPS
own any property near this floodplain. The project would
include an at-grade water intake, with no impoundment, about
one mile upstream of where Eureka Creek crosses the park road.
Camp Denali, another lodge in the Kantishna Hills, is
within the area addressed by this legislation. Camp Denali
opened in 1952 and the owners installed a micro-hydro generator
system prior to the 1978 Presidential proclamation that
included Kantishna as a part of what is now Denali National
Park. After 1978, Camp Denali became a private in-holding
surrounded by the park, and found that parts of its micro-hydro
power system were within the park, a situation that the NPS
lacks the authority to permit or retain. This legislation, if
amended, would allow the NPS and the owners of Camp Denali to
work out permit conditions for those parts of the existing
hydro project that are now on park land. Besides the Kantishna
Roadhouse and Camp Denali, two other lodges in Kantishna may
pursue similar projects in the future and thus would benefit
from the authority granted in this legislation.
Doyon owns 18 acres on the patented Galena mining claim in
the Kantishna Hills and would like to exchange that acreage for
park land in Kantishna of equal value near its other
properties. The NPS would also like to pursue this exchange to
consolidate land holdings in the area. Existing land exchange
authority under the Alaska National Interest Lands Conservation
Act (ANILCA) and other legislation is sufficient to affect this
exchange. Thus, while we believe that this provision is
unnecessary, we support its intent.
Our concerns with the bill are as follows:
(1) The bill as introduced requires the Secretary to
complete National Environmental Policy Act compliance within
180 days of enactment. While the Department supports a speedy
response to the applicant, we suggest the 180-day clock start
upon submission of a complete application to the NPS.
(2) The permitting authority provided by this bill would
apply to several micro-hydroelectric projects in the Kantishna
area, yet various elements of the bill as introduced appear to
apply solely to a project by Doyon. Technical corrections to
address this are identified in an attachment to this testimony.
We believe that the permitting authority granted in S. 313
would provide a tool that the Secretary could use to lower
fossil fuel use in Denali National Park, while protecting park
resources, and that a land exchange would be hastened through
passage of this legislation. We would welcome the opportunity
to work with the sponsor and this committee to address our
concerns and recommendations.
Mr. Chairman, this concludes my statement. I would be happy
to answer any questions that you may have.
attachment
The NPS suggests the following technical corrections to
H.R. 313.
(1) On p. 1, line 2 of the long title, strike ``for a
microhydro project in nonwilderness'' and insert ``for
microhydro projects in nonwilderness''.
(2) On p. 3, line 1, strike ``(i) the intake pipeline
located on Eureka Creek, approximately \1/2\ mile upstream from
the Park Road, as depicted on the map;'' and insert ``(i)
intake pipelines;''
(3) On p. 3, line 8, strike ``line'' and insert ``lines''.
(4) On p. 3, line 14, strike ``PROJECT'' and insert
``PROJECTS''.
----------
Statement of Herbert Frost, Associate Director, Natural Resource
Stewardship and Science, National Park Service, Department of the
Interior
Mr. Chairman, thank you for the opportunity to testify on
S. 2273, which would designate the Talkeetna Ranger Station in
Talkeetna, Alaska, as the Walter Harper Talkeetna Ranger
Station.
As the 100th anniversary of the 1913 summit climb of Walter
Harper approaches, the National Park Service has no objection
to S. 2273, which would name the Denali National Park and
Preserve's South District Ranger Station in Talkeetna, Alaska,
as the Walter Harper Talkeetna Ranger Station.
Mr. Harper grew up in Alaska, a child of Arthur Harper, a
Scottish trader and prospector, and Jennie Harper, an
Athabascan Indian from the Koyukuk region. As a young man, he
served as an interpreter and guide for the far-flung ministry
of Hudson Stuck, an Episcopal archdeacon.
He joined Stuck on an arduous trip in 1913 to reach the
summit of North America's highest peak. For nearly three
months, the group moved slowly south from Fairbanks and into
the high mountains of the Alaska Range. On June 7, 1913, Walter
Harper, 21, became the first man to set foot on the summit of
Denali, the Athabascan name for the peak, meaning the High One.
The archdeacon's journal described their approach: ``With keen
excitement we pushed on. Walter, who had been in the lead all
day, was the first to scramble up; a Native Alaskan, he is the
first human being to set foot upon the top of Alaska's greatest
mountain, and he had well earned the honor.''
Since 1913, thousands of climbers have aimed for the
summit. Unlike Mr. Harper, today the vast majority begin their
expeditions with an airplane ride out of Talkeetna on the south
side of the Alaska Range. The National Park Service ranger
station there serves as an orientation center for climbers and
other visitors to the Denali region. The community is proud of
its varied history as a railroad town, a jumping off point for
miners, and in the past several decades as the take-off point
for climbing expeditions.
Mr. Chairman, this concludes my testimony, and I would be
happy to answer any questions you or other members may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 157 as ordered
reported.