[House Report 112-158]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-158
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KANTISHNA HILLS RENEWABLE ENERGY ACT OF 2011
_______
July 20, 2011.--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. 441]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 441) 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, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
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) transmission 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) intake pipelines, including 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 projects; and
(iii) any distribution or transmission lines
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. PERMITS FOR MICROHYDRO PROJECTS.
(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 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.
SEC. 4. LAND EXCHANGE.
(a) 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.
(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.
Amend the title so as to read:
A bill 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.
PURPOSE OF THE BILL
The purpose of H.R. 441, as ordered reported, is 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 and to acquire
land for Denali National Park and Preserve from Doyon Tourism,
Inc.
BACKGROUND AND NEED FOR LEGISLATION
The Kantishna Hills Renewable Energy Act of 2010, H.R. 441,
authorizes the Secretary of the Interior to issue permits for a
micro-hydroelectric project in the Kantishna Hills area within
the Denali National Park and Preserve in Alaska. The
legislation also directs the Secretary to exchange Park and
Preserve land near or adjacent to land owned by Doyon Tourism,
Inc., located at the mouth of Eureka Creek for approximately 18
acres of land owned by Doyon Tourism within the Galena patented
mining claim. H.R. 441 would allow the corporation to build a
micro-hydroelectric project to power Kantishna Roadhouse, a
backcountry lodge the Fairbanks-based Native Corporation owns
100 miles inside the Park. This facility would replace a diesel
generator Doyon currently uses to power the roadhouse.
COMMITTEE ACTION
H.R. 441 was introduced on January 25, 2011, by Congressman
Don Young (R-AK). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
National Parks, Forests and Public Lands. On May 4, 2011, the
Subcommittee on National Parks, Forests and Public Lands held a
hearing on the bill. On June 15, 2011, the Full Resources
Committee met to consider the bill. The Subcommittee on
National Parks, Forests and Public Lands was discharged by
unanimous consent. Congressman Don Young (R-AK) offered an
amendment to make small technical corrections to the bill. The
amendment was adopted by unanimous consent. The bill, as
amended, was then 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. 441--Kantishna Hills Renewable Energy Act of 2011
H.R. 441 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.
The bill also would authorize an exchange of land between the
Department of the Interior and Doyon Tourism, Inc.
Based on information from the National Park Service, CBO
estimates that implementing the bill would have no significant
impact on the federal budget. Enacting H.R. 441 would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
H.R. 441 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.
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, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. CBO estimates that
implementing the bill would have no significant impact on the
federal budget. Enacting H.R. 441 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
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.