II

106TH CONGRESS

2D SESSION S. 3140

To transfer administrative jurisdiction over land of the Tennessee Valley

Authority within the Daniel Boone National Forest to the Secretary

of Agriculture and compensate the Authority for the transfer.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000

Mr. MCCONNELL (for himself and Mr. BUNNING) introduced the following bill;

which was read twice and referred to the Committee on Environment and

Public Works

A BILL

To transfer administrative jurisdiction over land of the Tennessee Valley Authority within the Daniel Boone National Forest to the Secretary of Agriculture and compensate the Authority for the transfer.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Kentucky National

5 Forest Land Transfer Act of 2000’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds that—
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1 (1) the United States owns over 40,000 acres

2 of land and mineral rights administered by the Ten3 nessee Valley Authority within the Daniel Boone Na4 tional Forest in the State of Kentucky;

5 (2) the land and mineral rights were acquired

6 by the Tennessee Valley Authority for purposes of

7 power production using funds derived from rate8 payers;

9 (3) the management of the land and mineral

10 rights should be carried out in accordance with the

11 laws governing the management of national forests;

12 and

13 (4) the Tennessee Valley Authority, on behalf of

14 the ratepayers of the Authority, should be reason15 ably compensated for the land and mineral rights of

16 the Authority transferred within the Daniel Boone

17 National Forest.

18 (b) PURPOSES.—The purposes of this Act are—

19 (1) to transfer administrative jurisdiction over

20 land of the Tennessee Valley Authority within the

21 Daniel Boone National Forest to the Secretary of

22 Agriculture; and

23 (2) to compensate the Tennessee Valley Author24 ity for the reasonable value of the transfer of juris25 diction.
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1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) COVERED LAND.—

4 (A) IN GENERAL.—The term ‘‘covered

5 land’’ means all land and interests in land

6 owned or managed by the Tennessee Valley Au7 thority within the boundaries of the Daniel

8 Boone National Forest in the State of Ken9 tucky that are transferred under this Act, in10 cluding surface and subsurface estates.

11 (B) EXCLUSIONS.—The term ‘‘covered

12 land’’ does not include any land or interest in

13 land owned or managed by the Tennessee Val14 ley Authority for the transmission of water, gas,

15 or power, including power line easements and

16 associated facilities.

17 (2) SECRETARY.—The term ‘‘Secretary’’ means

18 the Secretary of Agriculture.

19 SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION

20 OVER COVERED LAND.

21 (a) IN GENERAL.—All covered land is transferred to

22 the administrative jurisdiction of the Secretary to be man23 aged in accordance with the laws (including regulations)

24 pertaining to the National Forest System.

25 (b) AUTHORITY OF SECRETARY OF INTERIOR OVER

26 MINERAL RESOURCES.—The transfer of the covered land
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1 shall be subject to the authority of the Secretary of the

2 Interior with respect to mineral resources underlying Na3 tional Forest System land, including laws pertaining to

4 mineral leasing and the Surface Mining Control and Rec5 lamation Act of 1977 (30 U.S.C. 1201 et seq.).

6 (c) SURFACE MINING.—No surface mining shall be

7 permitted with respect to any covered land except as pro8 vided under section 522(e)(2) of the Surface Mining Con9 trol and Reclamation Act of 1977 (30 U.S.C. 1272(e)(2)).

10 SEC. 5. MONETARY CREDITS.

11 (a) IN GENERAL.—In consideration for the transfer

12 provided under section 4, the Secretary of the Interior

13 shall provide to the Tennessee Valley Authority monetary

14 credits with a value of $4,000,000 that may be used for

15 the payment of—

16 (1) not more than 50 percent of the bonus or

17 other payments made by successful bidders in any

18 sales of mineral, oil, gas, or geothermal leases in the

19 contiguous 48 States under—

20 (A) the Mineral Leasing Act (30 U.S.C.

21 181 et seq.);

22 (B) the Outer Continental Shelf Lands Act

23 (43 U.S.C. 1331 et seq.); or

24 (C) the Geothermal Steam Act of 1970 (30

25 U.S.C. 1001 et seq.);
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1 (2) not more than 10 percent of the bonus or

2 other payments made by successful bidders in any

3 sales of mineral, oil, gas, or geothermal leases in the

4 State of Alaska under the laws referred to in para5 graph (1);

6 (3) not more than 50 percent of any royalty,

7 rental, or advance royalty payment made to the

8 United States to maintain any mineral, oil, gas, or

9 geothermal lease in the contiguous 48 States issued

10 under the laws referred to in paragraph (1); or

11 (4) not more than 10 percent of any royalty,

12 rental, or advance royalty payment made to the

13 United States to maintain any mineral, oil, gas, or

14 geothermal lease in the State of Alaska issued under

15 the laws referred to in paragraph (1).

16 (b) VALUE OF CREDITS.—The total amount of cred17 its provided under subsection (a) shall be considered equal

18 to the fair market value of the covered land.

19 (c) ACCEPTANCE OF CREDITS.—

20 (1) IN GENERAL.—The Secretary of the Inte21 rior shall accept credits provided under subsection

22 (a) in the same manner as cash for the payments

23 described under subsection (a).

24 (2) USE OF CREDITS.—The use of the credits

25 shall be subject to the laws (including regulations)
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1 governing such payments, to the extent the laws are

2 consistent with this section.

3 (d) TREATMENT OF CREDITS FOR DISTRIBUTION TO

4 STATES.—All credits accepted by the Secretary of the In5 terior under subsection (c) for the payments described in

6 subsection (a) shall be considered to be money received

7 for the purpose of section 35 of the Mineral Leasing Act

8 (30 U.S.C. 191) and section 20 of the Geothermal Steam

9 Act of 1970 (30 U.S.C. 1019).

10 (e) EXCHANGE ACCOUNT.—

11 (1) ESTABLISHMENT.—Notwithstanding any

12 other provision of law, not later than 60 days after

13 the date of enactment of this Act, the Secretary of

14 the Interior shall establish an exchange account for

15 the Tennessee Valley Authority for the monetary

16 credits provided under subsection (a).

17 (2) ADMINISTRATION.—The account shall—

18 (A) be established with the Minerals Man19 agement Service of the Department of the Inte20 rior; and

21 (B) have an initial balance of credits equal

22 to $4,000,000.

23 (3) USE OF CREDITS.—
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1 (A) IN GENERAL.—The credits shall be

2 available to the Tennessee Valley Authority for

3 the purposes described in subsection (a).

4 (B) ADJUSTMENT OF BALANCE.—The Sec5 retary of the Interior shall adjust the balance of

6 credits in the account to reflect credits accepted

7 by the Secretary of the Interior under sub8 section (c).

9 (f) TRANSFER OR SALE OF CREDITS.—

10 (1) IN GENERAL.—The Tennessee Valley Au11 thority may transfer or sell any credits in the ac12 count of the Authority to another person or entity.

13 (2) USE OF TRANSFERRED CREDITS.—Credits

14 transferred or sold under paragraph (1) may be used

15 in accordance with this subsection only by a person

16 or entity that is qualified to bid on, or that holds,

17 a mineral, oil, or gas lease under—

18 (A) the Mineral Leasing Act (30 U.S.C.

19 181 et seq.);

20 (B) the Outer Continental Shelf Lands Act

21 (43 U.S.C. 1331 et seq.); or

22 (C) the Geothermal Steam Act of 1970 (30

23 U.S.C. 1001 et seq.).

24 (3) NOTIFICATION.—
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1 (A) IN GENERAL.—Not later than 30 days

2 after the transfer or sale of any credits, the

3 Tennessee Valley Authority shall notify the Sec4 retary of the Interior of the transfer or sale.

5 (B) VALIDITY OF TRANSFER OR SALE.—

6 The transfer or sale of any credit shall not be

7 valid until the Secretary of the Interior has re8 ceived the notification required under subpara9 graph (A).

10 (4) TIME LIMIT ON USE OF CREDITS.—

11 (A) IN GENERAL.—On the date that is 5

12 years after the date on which an account is es13 tablished for the Tennessee Valley Authority

14 under subsection (e), the Secretary of the Inte15 rior shall terminate the account.

16 (B) UNUSED CREDITS.—Any credits that

17 originated in the terminated account and have

18 not been used as of the termination date, in19 cluding any credits transferred or sold under

20 this subsection, shall expire.

21 SEC. 6. EXISTING AUTHORIZATIONS.

22 (a) IN GENERAL.—Nothing in this Act affects any

23 valid existing rights under any lease, permit, or other au24 thorization by the Tennessee Valley Authority on covered

25 land in effect before the date of enactment of this Act.
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1 (b) RENEWAL.—Renewal of any existing lease, per2 mit, or other authorization on covered land shall be at the

3 discretion of the Secretary on terms and conditions deter4 mined by the Secretary.

5 SEC. 7. COMPLIANCE WITH ENVIRONMENTAL LAWS.

6 (a) DEFINITIONS.—In this section:

7 (1) ENVIRONMENTAL LAW.—

8 (A) IN GENERAL.—The term ‘‘environ9 mental law’’ means all applicable Federal,

10 State, and local laws (including regulations)

11 and requirements related to protection of

12 human health, natural or cultural resources, or

13 the environment.

14 (B) INCLUSIONS.—The term ‘‘environ15 mental law’’ includes—

16 (i) the Comprehensive Environmental

17 Response, Compensation, and Liability Act

18 of 1980 (42 U.S.C. 9601 et seq.);

19 (ii) the Solid Waste Disposal Act (42

20 U.S.C. 6901 et seq.);

21 (iii) the Federal Water Pollution Con22 trol Act (33 U.S.C. 1251 et seq.);

23 (iv) the Clean Air Act (42 U.S.C.

24 7401 et seq.);
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1 (v) the Federal Insecticide, Fungicide,

2 and Rodenticide Act (7 U.S.C. 136 et

3 seq.);

4 (vi) the Toxic Substances Control Act

5 (15 U.S.C. 2601 et seq.);

6 (vii) the Safe Drinking Water Act (42

7 U.S.C. 300f et seq.);

8 (viii) the National Environmental Pol9 icy Act of 1969 (42 U.S.C. 4321 et seq.);

10 and

11 (ix) the Endangered Species Act of

12 1973 (16 U.S.C. 1531 et seq.).

13 (2) HAZARDOUS SUBSTANCE, POLLUTANT OR

14 CONTAMINANT, RELEASE, AND RESPONSE ACTION.—

15 The terms ‘‘hazardous substance’’, ‘‘pollutant or

16 contaminant’’, ‘‘release’’, and ‘‘response action’’

17 have the meanings given the terms in section 101

18 and other provisions of the Comprehensive Environ19 mental Response, Compensation, and Liability Act

20 of 1980 (42 U.S.C. 9601 et seq.).

21 (b) DOCUMENTATION OF EXISTING CONDITIONS.—

22 (1) IN GENERAL.—Not later than 60 days after

23 the date of enactment of this Act, the Tennessee

24 Valley Authority shall provide the Secretary all doc25 umentation and information that exists on the envi-
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1 ronmental condition of the land and waters com2 prising the covered land.

3 (2) ADDITIONAL DOCUMENTATION.—The Ten4 nessee Valley Authority shall provide the Secretary

5 with any additional documentation and information

6 regarding the environmental condition of the covered

7 land as such documentation and information be8 comes available.

9 (c) ACTION REQUIRED.—

10 (1) ASSESSMENT.—Not later than 120 days

11 after the date of enactment of this Act, the Ten12 nessee Valley Authority shall provide to the Sec13 retary an assessment indicating what action, if any,

14 is required under any environmental law on covered

15 land.

16 (2) MEMORANDUM OF UNDERSTANDING.—If

17 the assessment concludes that action is required

18 under any environmental law with respect to any

19 portion of the covered land, the Secretary and the

20 Tennessee Valley Authority shall enter into a memo21 randum of understanding that—

22 (A) provides for the performance by the

23 Tennessee Valley Authority of the required ac24 tions identified in the assessment; and
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1 (B) includes a schedule providing for the

2 prompt completion of the required actions to

3 the satisfaction of the Secretary.

4 (d) DOCUMENTATION DEMONSTRATING ACTION.—

5 The Tennessee Valley Authority shall provide the Sec6 retary with documentation demonstrating that all actions

7 required under any environmental law have been taken,

8 including all response actions that are necessary to protect

9 human health and the environment with respect to any

10 hazardous substance, pollutant or contaminant, hazardous

11 waste, hazardous material, or petroleum product or deriv12 ative of a petroleum product on covered land.

13 (e) CONTINUATION OF RESPONSIBILITIES AND LI14 ABILITIES.—

15 (1) IN GENERAL.—The transfer of covered land

16 under this Act, and the requirements of this section,

17 shall not affect the responsibilities and liabilities of

18 the Tennessee Valley Authority under any environ19 mental law.

20 (2) ACCESS.—The Tennessee Valley Authority

21 shall have access to the property that may be rea22 sonably required to carry out a responsibility or sat23 isfy a liability referred to in paragraph (1).

24 (3) ADDITIONAL TERMS AND CONDITIONS.—

25 The Secretary may require such additional terms
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1 and conditions in connection with the transfer of

2 covered land under this Act as the Secretary con3 siders to be appropriate to protect the interest of the

4 United States concerning the continuation of any re5 sponsibilities and liabilities under any environmental

6 law.

7 (4) NO EFFECT ON RESPONSIBILITIES OR LI8 ABILITIES.—Nothing in this Act affects, directly or

9 indirectly, the responsibilities or liabilities under any

10 environmental law of any person with respect to the

11 Secretary.

12 (f) OTHER FEDERAL AGENCIES.—Subject to the

13 other provisions of this section, a Federal agency that car14 ried or carries out operations on covered land resulting

15 in the release or threatened release of a hazardous sub16 stance, pollutant or contaminant, hazardous waste, haz17 ardous material, or petroleum product or derivative of a

18 petroleum product for which that agency would be liable

19 under any environmental law shall pay—

20 (1) the costs of related response actions; and

21 (2) the costs of related actions to remediate pe22 troleum products or their derivatives.

Æ