108TH CONGRESS

2D SESSION S. 2319

AN ACT

To authorize and facilitate hydroelectric power licensing of

the Tapoco Project.

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 ‘‘Tapoco Project Licens5 ing Act of 2004’’.
 †

2

S 2319 ES

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) APGI.—The term ‘‘APGI’’ means Alcoa

4 Power Generating Inc. (including its successors and

5 assigns).

6 (2) COMMISSION.—The term ‘‘Commission’’

7 means the Federal Energy Regulatory Commission.

8 (3) MAP.—The term ‘‘map’’ means the map en9 titled ‘‘Tapoco Hydroelectric Project, P–2169, Set10 tlement Agreement, Appendix B, Proposed Land

11 Swap Areas, National Park Service and APGI’’,

12 numbered TP514, Issue No. 9, and dated June 8,

13 2004.

14 (4) PARK.—The term ‘‘Park’’ means Great

15 Smoky Mountains National Park.

16 (5) PROJECT.—The term ‘‘Project’’ means the

17 Tapoco Hydroelectric Project, FERC Project No.

18 2169, including the Chilhowee Dam and Reservoir in

19 the State of Tennessee.

20 (6) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of the Interior.

22 SEC. 3. LAND EXCHANGE.

23 (a) AUTHORIZATION.—

24 (1) IN GENERAL.—Upon the conveyance by

25 APGI of title acceptable to the Secretary of the land

26 identified in paragraph (2), the Secretary shall si-
†

3

S 2319 ES

1 multaneously convey to APGI title to the land iden2 tified in paragraph (3).

3 (2) DESCRIPTION OF LAND TO BE CONVEYED

4 BY APGI.—The land to be conveyed by APGI to the

5 Secretary is the approximately 186 acres of land,

6 subject to any encumbrances existing before Feb7 ruary 21, 2003—

8 (A) within the authorized boundary of the

9 Park, located northeast of United States High10 way 129 and adjacent to the APGI power line;

11 and

12 (B) as generally depicted on the map as

13 ‘‘Proposed Property Transfer from APGI to

14 National Park Service’’.

15 (3) DESCRIPTION OF LAND TO BE CONVEYED

16 BY THE SECRETARY.—The land to be conveyed by

17 the Secretary to APGI are the approximately 110

18 acres of land within the Park that are—

19 (A) adjacent to or flooded by the

20 Chilhowee Reservoir;

21 (B) within the boundary of the Project as

22 of February 21, 2003; and

23 (C) as generally depicted on the map as

24 ‘‘Proposed Property Transfer from National

25 Park Service to APGI’’.
†

4

S 2319 ES

1 (b) MINOR ADJUSTMENTS TO CONVEYED LAND.—

2 The Secretary and APGI may mutually agree to make

3 minor boundary or acreage adjustments to the land identi4 fied in paragraphs (2) and (3) of subsection (a).

5 (c) OPPORTUNITY TO MITIGATE.—If the Secretary

6 determines that all or part of the land to be conveyed to

7 the Park under subsection (a) is unsuitable for inclusion

8 in the Park, APGI shall have the opportunity to make the

9 land suitable for inclusion in the Park.

10 (d) CONSERVATION EASEMENT.—The Secretary shall

11 reserve a conservation easement over any land transferred

12 to APGI under subsection (a)(3) that, subject to any

13 terms and conditions imposed by the Commission in any

14 license that the Commission may issue for the Project,

15 shall—

16 (1) specifically prohibit any development of the

17 land by APGI, other than any development that is

18 necessary for the continued operation and mainte19 nance of the Chilhowee Reservoir;

20 (2) authorize public access to the easement

21 area, subject to National Park Service regulations;

22 and

23 (3) authorize the National Park Service to en24 force Park regulations on the land and in and on the

25 waters of Chilhowee Reservoir lying on the land, to
†

5

S 2319 ES

1 the extent not inconsistent with any license condition

2 considered necessary by the Commission.

3 (e) APPLICABILITY OF CERTAIN LAWS.—Section 5(b)

4 of Public Law 90–401 (16 U.S.C. 460l–22(b)), shall not

5 apply to the land exchange authorized under this section.

6 (f) REVERSION.—

7 (1) IN GENERAL.—The deed from the Secretary

8 to APGI shall contain a provision that requires the

9 land described in subsection (a)(3) to revert to the

10 United States if—

11 (A) the Chilhowee Reservoir ceases to

12 exist; or

13 (B) the Commission issues a final order

14 decommissioning the Project from which no fur15 ther appeal may be taken.

16 (2) APPLICABLE LAW.—A reversion under this

17 subsection shall not eliminate APGI’s responsibility

18 to comply with all applicable provisions of the Fed19 eral Power Act (16 U.S.C. 791a et seq.), including

20 regulations.

21 (g) BOUNDARY ADJUSTMENT.—

22 (1) IN GENERAL.—On completion of the land

23 exchange authorized under this section, the Sec24 retary shall—
†

6

S 2319 ES

1 (A) adjust the boundary of the Park to in2 clude the land described in subsection (a)(2);

3 and

4 (B) administer any acquired land as part

5 of the Park in accordance with applicable law

6 (including regulations).

7 (2) NATIONAL PARK SERVICE LAND.—Notwith8 standing the exchange of land under this section, the

9 land described in subsection (a)(3) shall remain in

10 the boundary of the Park.

11 (3) PUBLIC NOTICE.—The Secretary shall pub12 lish in the Federal Register notice of any boundary

13 revised under paragraph (1).

14 SEC. 4. PROJECT LICENSING.

15 Notwithstanding the continued inclusion of the land

16 described in section 3(a)(3) in the boundary of the Park

17 (including any modification made pursuant to section

18 3(b)) on completion of the land exchange, the Commission

19 shall have jurisdiction to license the Project.

20 SEC. 5. LAND ACQUISITION.

21 (a) IN GENERAL.—The Secretary or the Secretary of

22 Agriculture may acquire, by purchase, donation, or ex23 change, any land or interest in land that—

24 (1) may be transferred by APGI to any non25 governmental organization; and
†

7

S 2319 ES

1 (2) is identified as ‘‘Permanent Easement’’ or

2 ‘‘Term Easement’’ on the map entitled ‘‘Tapoco Hy3 droelectric Project, P–2169, Settlement Agreement,

4 Appendix B, Proposed Land Conveyances in Ten5 nessee’’, numbered TP616, Issue No. 15, and dated

6 March 11, 2004.

7 (b) LAND ACQUIRED BY THE SECRETARY OF THE IN8 TERIOR.—The Secretary shall—

9 (1) adjust the boundary of the Park to include

10 any land or interest in land acquired by the Sec11 retary under subsection (a);

12 (2) administer any acquired land or interest in

13 land as part of the Park in accordance with applica14 ble law (including regulations); and

15 (3) publish notice of the adjustment in the Fed16 eral Register.

17 (c) LAND ACQUIRED BY THE SECRETARY OF AGRI18 CULTURE.—

19 (1) BOUNDARY ADJUSTMENT.—The Secretary

20 of Agriculture shall—

21 (A) adjust the boundary of the Cherokee

22 National Forest to include any land acquired

23 under subsection (a);

24 (B) administer any acquired land or inter25 est in land as part of the Cherokee National
†

8

S 2319 ES

1 Forest in accordance with applicable law (in2 cluding regulations); and

3 (C) publish notice of the adjustment in the

4 Federal Register.

5 (2) MANAGEMENT.—The Secretary of Agri6 culture shall evaluate the feasibility of managing any

7 land acquired by the Secretary of Agriculture under

8 subsection (a) in a manner that retains the primi9 tive, back-country character of the land.

10 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

11 There are authorized to be appropriated such sums

12 as are necessary to carry out this Act.

Passed the Senate September 15, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2319

AN ACT

To authorize and facilitate hydroelectric power

licensing of the Tapoco Project.