Page:United States Statutes at Large Volume 112 Part 5.djvu/246

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112 STAT. 3004 PUBLIC LAW 105-317—OCT. 30, 1998 (c) CONDITIONS.— Any exchange of lands under this Act may occur only if— (1) following the submission of a complete licence application, FERC has conducted economic and environmei^tal analy- ses under the Federal Power Act (16 U.S.C. 791-828) (notwithstanding provisions of that Act and the Federal regulations that otherwise exempt this project from economic analyses), the National Environmental Policy Act of 1969 (42 U.S.C. 4321- 4370), and the Fish and Wildlife Coordination Act (16 U.S.C. 661-666), that conclude, with the concurrence of the Secretary of the Interior with respect to subparagraphs (A) and (B), that the construction and operation of a hydroelectric power project on the lands described in section 3(b)— (A) will not adversely impact the purposes and values of Glacier Bay National Pgirk and Preserve (as constituted after the consummation of the land exchange authorized by this section); (B) will comply with the requirements of the National Historic Preservation Act (16 U.S.C. 470-470w); and (C) can be accomplished in an economically feasible manner; (2) FERC held at least one public meeting in Gustavus, Alaska, allowing the citizens of Gustavus to express their views on the proposed project; (3) FERC has determined, with the concurrence of the Secretary and the State of Alaska, the minimum amount of land necessary to construct and operate this hydroelectric power project; and Gustavus (4) Gustavus Electric Company has been granted a license Electric Co. by FERC that requires Gustavus Electric Company to submit an acceptable financing plan to FERC before project construction may commence, and the FERC has approved such plan. SEC. 3. ROLE OF FERC. (a) LICENSE APPLICATION. —(1) The FERC Hcensing process shall apply to any application submitted by Gustavus Electric Company to the FERC for the right to construct and operate a hydropower project on the lands described in subsection (b). (2) FERC is authorized to accept and consider an application filed by Gustavus Electric Company for the construction and operation of a hydropower plant to be located on lands within the area described in subsection (b), notwithstanding section 3(2) of the Federal Power Act (16 U.S.C. 796(2)). Such apphcation must be submitted within 3 years after the date of the enactment of this Act. (3) FERC will retain jurisdiction over any hydropower project constructed on this site. (b) ANALYSES. — (1) The lands referred to in subsection (a) of this section are lands in the State of Alaska described as follows: COPPER RIVER MERIDIAN Township 39 South, Range 59 East, partially surveyed. Section 36 (unsurveyed), SE^ASW^A, Sy2SWy4SWy4, NEy4SWV4, Wy2Wy2NWy4SEy4, and Sy2SEy4NWy4. Containing approximately 130 acres. Township 40 South, Range 59 East, partially surveyed. Section 1 (unsurveyed), NWy4, SWy4, Wy2SEy4, and SWy4SWy4NEy4,