PUBLIC LAW 108–343—OCT. 18, 2004

TAPOCO PROJECT LICENSING ACT OF 2004

118 STAT. 1372 PUBLIC LAW 108–343—OCT. 18, 2004

Public Law 108–343

108th Congress

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

16 USC 403 note.

16 USC 403 note.

Tapoco Project

Licensing Act

of 2004.

16 USC 403 note.

Oct. 18, 2004

[S. 2319]

PUBLIC LAW 108–343—OCT. 18, 2004 118 STAT. 1373

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.

118 STAT. 1374 PUBLIC LAW 108–343—OCT. 18, 2004

(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.

Federal Register,

publication.

Federal Register,

publication.

16 USC 403 note.

16 USC 403 note.

Federal Register,

publication.

PUBLIC LAW 108–343—OCT. 18, 2004 118 STAT. 1375

LEGISLATIVE HISTORY—S. 2319 (H.R. 4667):

HOUSE REPORTS: No. 108–721, Pt. 1 (Comm. on Energy and Commerce) and Pt.

2 (Comm. on Resources) both accompanying H.R. 4667.

SENATE REPORTS: No. 108–299 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 150 (2004):

Sept. 15, considered and passed Senate.

Oct. 4, considered and passed House.

Æ

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are

necessary to carry out this Act.

Approved October 18, 2004.

16 USC 403 note.