Denali National Park Improvement Act (S. 157; 113th Congress)

113th CONGRESS

1st Session

S. 157

IN THE SENATE OF THE UNITED STATES

January 28, 2013

Ms. Murkowski introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To provide for certain improvements to the Denali National Park and Preserve in the State of Alaska, and for other purposes.

Section 1. Short title

This Act may be cited as the “Denali National Park Improvement Act” .

Sec. 2. Kantishna Hills microhydro project; land exchange

(a) Definitions– In this section:

(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, approximately½mile 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 .

(b) Permits for microhydro projects–

(1) In general– The Secretary may issue permits for microhydro projects in the Kantishna Hills area.

(2) Terms and conditions– Each permit under paragraph (1)shall be—

(A) issued in accordance with such terms and conditions as are generally applicable to rights-of-way within units of the National Park System ; and

(B) subject to such other terms and conditions as the Secretary determines to be necessary.

(3) 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 subsection, 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.

(c) Land exchange–

(1) 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 paragraph (4), 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.

(2) Map availability– The map shall be on file and available for public inspection in the appropriate offices of the National Park Service .

(3) Timing– The Secretary shall seek to complete the exchange under this subsection by not later than February 1, 2015.

(4) Applicable laws; terms and conditions– The exchange under this subsection shall be subject to—

(A) 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

(B) such terms and conditions as the Secretary determines to be necessary.

(5) Equalization of values– If the tracts proposed for exchange under this subsection are determined not to be equal in value, an equalization of values may be achieved by adjusting the quantity of acres described in paragraph (1).

(6) Administration– The land acquired by the Secretary pursuant to the exchange under this subsection shall be administered as part of the Park.

Sec. 3. Denali National Park and Preserve natural gas pipeline

(a) Definitions–

In this section:

(1) Appurtenance–

(A) In general–

The term appurtenance includes cathodic protection or test stations, valves, signage, and buried communication and electric cables relating to the operation of high-pressure natural gas transmission.

(B) Exclusions–

The term appurtenance does not include compressor stations.

(2) Park–

The term Park means the Denali National Park and Preserve in the State of Alaska.

(3) Secretary–

The term Secretary means the Secretary of the Interior .

(b) Permit–

The Secretary may issue right-of-way permits for—

(1) a high-pressure natural gas transmission pipeline (including appurtenances) in nonwilderness areas within the boundary of Denali National Park within, along, or near the approximately 7-mile segment of the George Parks Highway that runs through the Park; and

(2) any distribution and transmission pipelines and appurtenances that the Secretary determines to be necessary to provide natural gas supply to the Park.

(c) Terms and conditions–

A permit authorized under subsection (b)—

(1) may be issued only—

(A) if the permit is consistent with the laws (including regulations) generally applicable to utility rights-of-way within units of the National Park System ;

(B) in accordance with section 1106(a) of the Alaska National Interest Lands Conservation Act( 16 U.S.C. 3166(a) ); and

(C) if, following an appropriate analysis prepared in compliance with theNational Environmental Policy Act of 1969( 42 U.S.C. 4321 et seq. ), the route of the right-of-way is the route through the Park with the least adverse environmental effects for the Park; and

(2) shall be subject to such terms and conditions as the Secretary determines to be necessary.

Sec. 4. Designation of the Walter Harper Talkeetna Ranger Station

(a) Designation–

The Talkeetna Ranger Station located on B Street in Talkeetna, Alaska, approximately 100 miles south of the entrance to Denali National Park, shall be known and designated as the “Walter Harper Talkeetna Ranger Station” .

(b) References–

Any reference in a law, map, regulation, document, paper, or other record of the United States to the Talkeetna Ranger Station referred to in subsection (a)shall be deemed to be a reference to the “Walter Harper Talkeetna Ranger Station” .