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Union Calendar No. 455

108TH CONGRESS 

2D SESSION H. R. 4667

[Report No. 108–721, Parts I and II] 

To authorize and facilitate hydroelectric power licensing of the Tapoco 

Project, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2004

Mr. DUNCAN introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Energy and 

Commerce, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

OCTOBER 4, 2004

Reported from the Committee on Energy and Commerce 

OCTOBER 6, 2004

Reported from the Committee on Resources, committed to the Committee of 

the Whole House on the State of the Union, and ordered to be printed 

A BILL

To authorize and facilitate hydroelectric power licensing of 

the Tapoco Project, and for other purposes.

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

2 This Act may be cited as the ‘‘Tapoco Project Licens3 ing Act of 2004’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

7 Power Generating Inc., its successors and assigns. 

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

9 means the Federal Energy Regulatory Commission. 

10 (3) MAP.—The term ‘‘map’’ means the map en11 titled ‘‘Tapoco Hydroelectric Project, P–2169, Set12 tlement Agreement, Appendix B, Proposed Land 

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

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

15 2004. 

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

17 Smoky Mountains National Park. 

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

19 Tapoco Hydroelectric Project, FERC Project No. 

20 2169, including the Chilhowee Dam and Reservoir in 

21 the State of Tennessee. 

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

23 the Secretary of the Interior. 

24 SEC. 3. LAND EXCHANGE. 

25 (a) AUTHORIZATION.—
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1 (1) IN GENERAL.—Upon the conveyance by 

2 APGI of title acceptable to the Secretary of the land 

3 identified in paragraph (2), the Secretary shall si4 multaneously convey to APGI title to the land iden5 tified in paragraph (3). 

6 (2) DESCRIPTION OF LAND TO BE CONVEYED

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

8 Secretary is the approximately 186 acres of land, 

9 subject to any encumbrances existing before Feb10 ruary 21, 2003—

11 (A) within the authorized boundary of the 

12 Park, located northeast of United States High13 way 129 and adjacent to the APGI power line; 

14 and 

15 (B) as generally depicted on the map as 

16 ‘‘Proposed Property Transfer from APGI to 

17 National Park Service’’. 

18 (3) DESCRIPTION OF LAND TO BE CONVEYED

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

20 the Secretary to APGI is the approximately 110 

21 acres of land within the Park that is—

22 (A) adjacent to or flooded by the 

23 Chilhowee Reservoir; 

24 (B) within the boundary of the Project as 

25 of February 21, 2003; and 
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1 (C) as generally depicted on the map as 

2 ‘‘Proposed Property Transfer from National 

3 Park Service to APGI’’. 

4 (b) MINOR ADJUSTMENTS TO CONVEYED LAND.—

5 The Secretary and APGI may mutually agree to make 

6 minor boundary or acreage adjustments to the land identi7 fied in subsection (a). 

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

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

10 the Secretary under subsection (a)(2) is unsuitable for in11 clusion in the Park, APGI shall have the opportunity to 

12 make the land suitable for inclusion in the Park. 

13 (d) CONSERVATION EASEMENT.—The Secretary shall 

14 reserve a conservation easement over any land transferred 

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

16 terms and conditions imposed by the Commission in any 

17 license that the Commission may issue for the Project. 

18 The conservation easement shall—

19 (1) specifically prohibit any development of the 

20 land by APGI, other than any development that is 

21 necessary for the continued operation and mainte22 nance of the Chilhowee Reservoir; 

23 (2) authorize public access to the easement 

24 area, subject to National Park Service regulations; 

25 and 
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1 (3) authorize the National Park Service to en2 force Park regulations on the land and in and on the 

3 waters of Chilhowee Reservoir lying on the land, to 

4 the extent not inconsistent with any license condition 

5 considered necessary by the Commission. 

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

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

8 apply to the land exchange authorized under this section. 

9 (f) REVERSION.—

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

11 to APGI shall contain a provision that requires the 

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

13 United States if—

14 (A) the Chilhowee Reservoir ceases to 

15 exist; or 

16 (B) the Commission issues a final order 

17 decommissioning the Project from which no fur18 ther appeal may be taken. 

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

20 subsection shall not eliminate APGI’s responsibility 

21 to comply with all applicable provisions of the Fed22 eral Power Act (16 U.S.C. 791a et seq.), including 

23 regulations. 

24 (g) BOUNDARY ADJUSTMENT.—
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1 (1) IN GENERAL.—On completion of the land 

2 exchange authorized under this section, the Sec3 retary shall—

4 (A) adjust the boundary of the Park to in5 clude the land described in subsection (a)(2); 

6 and 

7 (B) administer any acquired land as part 

8 of the Park in accordance with applicable law 

9 (including regulations). 

10 (2) NATIONAL PARK SERVICE LAND.—Notwith11 standing the exchange of land under this section, the 

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

13 within the boundary of the Park. 

14 (3) PUBLIC NOTICE.—The Secretary shall pub15 lish in the Federal Register notice of any boundary 

16 revision under paragraph (1). 

17 SEC. 4. PROJECT LICENSING. 

18 Notwithstanding the continued inclusion of the land 

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

20 (including any modification made pursuant to section 

21 3(b)) on completion of the land exchange, the Commission 

22 shall have jurisdiction to license the Project. 

23 SEC. 5. LAND ACQUISITION. 

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

25 Agriculture may acquire, from willing owners only, by pur-
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1 chase, donation, or exchange, any land or interest in land 

2 that—

3 (1) may be transferred by APGI to any non4 governmental organization; and 

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

6 ‘‘Term Easement’’ on the map entitled ‘‘Tapoco Hy7 droelectric Project, P–2169, Settlement Agreement, 

8 Appendix B, Proposed Land Conveyances in Ten9 nessee’’, numbered TP616, Issue No. 15, and dated 

10 March 11, 2004. 

11 (b) LAND ACQUIRED BY THE SECRETARY OF THE IN12 TERIOR.—The Secretary shall—

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

14 any land or interest in land acquired by the Sec15 retary under subsection (a); 

16 (2) administer any acquired land or interest in 

17 land as part of the Park in accordance with applica18 ble law (including regulations); and 

19 (3) publish notice of the adjustment in the Fed20 eral Register. 

21 (c) LAND ACQUIRED BY THE SECRETARY OF AGRI22 CULTURE.—

23 (1) BOUNDARY ADJUSTMENT.—The Secretary 

24 of Agriculture shall—
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1 (A) adjust the boundary of the Cherokee 

2 National Forest to include any land acquired 

3 under subsection (a); 

4 (B) administer any acquired land or inter5 est in land as part of the Cherokee National 

6 Forest in accordance with applicable law (in7 cluding regulations); and 

8 (C) publish notice of the adjustment in the 

9 Federal Register. 

10 (2) MANAGEMENT.—The Secretary of Agri11 culture shall evaluate the feasibility of managing any 

12 land acquired by the Secretary of Agriculture under 

13 subsection (a) in a manner that retains the primi14 tive, back-country character of the land. 

15 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated such sums 

17 as are necessary to carry out this Act. 

Union Calendar No. 455

108TH CONGRESS 

2D SESSION H. R. 4667

[Report No. 108–721, Parts I and II] 

A BILL

To authorize and facilitate hydroelectric power liposes. censing of the Tapoco Project, and for other purOCTOBER 6, 2004

Reported from the Committee on Resources, committed 

the Union, and ordered to be printedto the Committee of the Whole House on the State of