[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2319 Enrolled Bill (ENR)]
S.2319
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To authorize and facilitate hydroelectric power licensing of the Tapoco
Project.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tapoco Project Licensing Act of
2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) APGI.--The term ``APGI'' means Alcoa Power Generating Inc.
(including its successors and assigns).
(2) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(3) Map.--The term ``map'' means the map entitled ``Tapoco
Hydroelectric Project, P-2169, Settlement Agreement, Appendix B,
Proposed Land Swap Areas, National Park Service and APGI'',
numbered TP514, Issue No. 9, and dated June 8, 2004.
(4) Park.--The term ``Park'' means Great Smoky Mountains
National Park.
(5) Project.--The term ``Project'' means the Tapoco
Hydroelectric Project, FERC Project No. 2169, including the
Chilhowee Dam and Reservoir in the State of Tennessee.
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. LAND EXCHANGE.
(a) Authorization.--
(1) In general.--Upon the conveyance by APGI of title
acceptable to the Secretary of the land identified in paragraph
(2), the Secretary shall simultaneously convey to APGI title to the
land identified in paragraph (3).
(2) Description of land to be conveyed by apgi.--The land to be
conveyed by APGI to the Secretary is the approximately 186 acres of
land, subject to any encumbrances existing before February 21,
2003--
(A) within the authorized boundary of the Park, located
northeast of United States Highway 129 and adjacent to the APGI
power line; and
(B) as generally depicted on the map as ``Proposed Property
Transfer from APGI to National Park Service''.
(3) Description of land to be conveyed by the secretary.--The
land to be conveyed by the Secretary to APGI are the approximately
110 acres of land within the Park that are--
(A) adjacent to or flooded by the Chilhowee Reservoir;
(B) within the boundary of the Project as of February 21,
2003; and
(C) as generally depicted on the map as ``Proposed Property
Transfer from National Park Service to APGI''.
(b) Minor Adjustments to Conveyed Land.--The Secretary and APGI may
mutually agree to make minor boundary or acreage adjustments to the
land identified in paragraphs (2) and (3) of subsection (a).
(c) Opportunity To Mitigate.--If the Secretary determines that all
or part of the land to be conveyed to the Park under subsection (a) is
unsuitable for inclusion in the Park, APGI shall have the opportunity
to make the land suitable for inclusion in the Park.
(d) Conservation Easement.--The Secretary shall reserve a
conservation easement over any land transferred to APGI under
subsection (a)(3) that, subject to any terms and conditions imposed by
the Commission in any license that the Commission may issue for the
Project, shall--
(1) specifically prohibit any development of the land by APGI,
other than any development that is necessary for the continued
operation and maintenance of the Chilhowee Reservoir;
(2) authorize public access to the easement area, subject to
National Park Service regulations; and
(3) authorize the National Park Service to enforce Park
regulations on the land and in and on the waters of Chilhowee
Reservoir lying on the land, to the extent not inconsistent with
any license condition considered necessary by the Commission.
(e) Applicability of Certain Laws.--Section 5(b) of Public Law 90-
401 (16 U.S.C. 460l-22(b)), shall not apply to the land exchange
authorized under this section.
(f) Reversion.--
(1) In general.--The deed from the Secretary to APGI shall
contain a provision that requires the land described in subsection
(a)(3) to revert to the United States if--
(A) the Chilhowee Reservoir ceases to exist; or
(B) the Commission issues a final order decommissioning the
Project from which no further appeal may be taken.
(2) Applicable law.--A reversion under this subsection shall
not eliminate APGI's responsibility to comply with all applicable
provisions of the Federal Power Act (16 U.S.C. 791a et seq.),
including regulations.
(g) Boundary Adjustment.--
(1) In general.--On completion of the land exchange authorized
under this section, the Secretary shall--
(A) adjust the boundary of the Park to include the land
described in subsection (a)(2); and
(B) administer any acquired land as part of the Park in
accordance with applicable law (including regulations).
(2) National park service land.--Notwithstanding the exchange
of land under this section, the land described in subsection (a)(3)
shall remain in the boundary of the Park.
(3) Public notice.--The Secretary shall publish in the Federal
Register notice of any boundary revised under paragraph (1).
SEC. 4. PROJECT LICENSING.
Notwithstanding the continued inclusion of the land described in
section 3(a)(3) in the boundary of the Park (including any modification
made pursuant to section 3(b)) on completion of the land exchange, the
Commission shall have jurisdiction to license the Project.
SEC. 5. LAND ACQUISITION.
(a) In General.--The Secretary or the Secretary of Agriculture may
acquire, by purchase, donation, or exchange, any land or interest in
land that--
(1) may be transferred by APGI to any non-governmental
organization; and
(2) is identified as ``Permanent Easement'' or ``Term
Easement'' on the map entitled ``Tapoco Hydroelectric Project,
P-2169, Settlement Agreement, Appendix B, Proposed Land Conveyances
in Tennessee'', numbered TP616, Issue No. 15, and dated March 11,
2004.
(b) Land Acquired by the Secretary of the Interior.--The Secretary
shall--
(1) adjust the boundary of the Park to include any land or
interest in land acquired by the Secretary under subsection (a);
(2) administer any acquired land or interest in land as part of
the Park in accordance with applicable law (including regulations);
and
(3) publish notice of the adjustment in the Federal Register.
(c) Land Acquired by the Secretary of Agriculture.--
(1) Boundary adjustment.--The Secretary of Agriculture shall--
(A) adjust the boundary of the Cherokee National Forest to
include any land acquired under subsection (a);
(B) administer any acquired land or interest in land as
part of the Cherokee National Forest in accordance with
applicable law (including regulations); and
(C) publish notice of the adjustment in the Federal
Register.
(2) Management.--The Secretary of Agriculture shall evaluate
the feasibility of managing any land acquired by the Secretary of
Agriculture under subsection (a) in a manner that retains the
primitive, back-country character of the land.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.