I 

108TH CONGRESS 

2D SESSION H. R. 4667 

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 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tapoco Project Licens5 ing Act of 2004’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 Power Generating Inc., its successors and assigns. 
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1 (2) COMMISSION.—The term ‘‘Commission’’ 

2 means the Federal Energy Regulatory Commission. 

3 (3) MAP.—The term ‘‘map’’ means the map en4 titled ‘‘Tapoco Hydroelectric Project, P–2169, Set5 tlement Agreement, Appendix B, Proposed Land 

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

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

8 2004. 

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

10 Smoky Mountains National Park. 

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

12 Tapoco Hydroelectric Project, FERC Project No. 

13 2169, including the Chilhowee Dam and Reservoir in 

14 the State of Tennessee. 

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

16 the Secretary of the Interior. 

17 SEC. 3. LAND EXCHANGE. 

18 (a) AUTHORIZATION.— 

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

20 APGI of title acceptable to the Secretary of the land 

21 identified in paragraph (2), the Secretary shall si22 multaneously convey to APGI title to the land iden23 tified in paragraph (3). 

24 (2) DESCRIPTION OF LAND TO BE CONVEYED

25 BY APGI.—The land to be conveyed by APGI to the 
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1 Secretary is the approximately 186 acres of land, 

2 subject to any encumbrances existing before Feb3 ruary 21, 2003— 

4 (A) within the authorized boundary of the 

5 Park, located northeast of United States High6 way 129 and adjacent to the APGI power line; 

7 and 

8 (B) as generally depicted on the map as 

9 ‘‘Proposed Property Transfer from APGI to 

10 National Park Service’’. 

11 (3) DESCRIPTION OF LAND TO BE CONVEYED

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

13 the Secretary to APGI is the approximately 110 

14 acres of land within the Park that is— 

15 (A) adjacent to or flooded by the 

16 Chilhowee Reservoir; 

17 (B) within the boundary of the Project as 

18 of February 21, 2003; and 

19 (C) as generally depicted on the map as 

20 ‘‘Proposed Property Transfer from National 

21 Park Service to APGI’’. 

22 (b) MINOR ADJUSTMENTS TO CONVEYED LAND.— 

23 The Secretary and APGI may mutually agree to make 

24 minor boundary or acreage adjustments to the land identi25 fied in subsection (a). 
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1 (c) OPPORTUNITY TO MITIGATE.—If the Secretary 

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

3 the Secretary under subsection (a)(2) is unsuitable for in4 clusion in the Park, APGI shall have the opportunity to 

5 make the land suitable for inclusion in the Park. 

6 (d) CONSERVATION EASEMENT.—The Secretary shall 

7 reserve a conservation easement over any land transferred 

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

9 terms and conditions imposed by the Commission in any 

10 license that the Commission may issue for the Project. 

11 The conservation easement shall— 

12 (1) specifically prohibit any development of the 

13 land by APGI, other than any development that is 

14 necessary for the continued operation and mainte15 nance of the Chilhowee Reservoir; 

16 (2) authorize public access to the easement 

17 area, subject to National Park Service regulations; 

18 and 

19 (3) authorize the National Park Service to en20 force Park regulations on the land and in and on the 

21 waters of Chilhowee Reservoir lying on the land, to 

22 the extent not inconsistent with any license condition 

23 considered necessary by the Commission. 
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1 (e) APPLICABILITY OF CERTAIN LAWS.—Section 5(b) 

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

3 apply to the land exchange authorized under this section. 

4 (f) REVERSION.— 

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

6 to APGI shall contain a provision that requires the 

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

8 United States if— 

9 (A) the Chilhowee Reservoir ceases to 

10 exist; or 

11 (B) the Commission issues a final order 

12 decommissioning the Project from which no fur13 ther appeal may be taken. 

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

15 subsection shall not eliminate APGI’s responsibility 

16 to comply with all applicable provisions of the Fed17 eral Power Act (16 U.S.C. 791a et seq.), including 

18 regulations. 

19 (g) BOUNDARY ADJUSTMENT.— 

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

21 exchange authorized under this section, the Sec22 retary shall— 

23 (A) adjust the boundary of the Park to in24 clude the land described in subsection (a)(2); 

25 and 
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1 (B) administer any acquired land as part 

2 of the Park in accordance with applicable law 

3 (including regulations). 

4 (2) NATIONAL PARK SERVICE LAND.—Notwith5 standing the exchange of land under this section, the 

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

7 within the boundary of the Park. 

8 (3) PUBLIC NOTICE.—The Secretary shall pub9 lish in the Federal Register notice of any boundary 

10 revision under paragraph (1). 

11 SEC. 4. PROJECT LICENSING. 

12 Notwithstanding the continued inclusion of the land 

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

14 (including any modification made pursuant to section 

15 3(b)) on completion of the land exchange, the Commission 

16 shall have jurisdiction to license the Project. 

17 SEC. 5. LAND ACQUISITION. 

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

19 Agriculture may acquire, from willing owners only, by pur20 chase, donation, or exchange, any land or interest in land 

21 that— 

22 (1) may be transferred by APGI to any non23 governmental organization; and 

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

25 ‘‘Term Easement’’ on the map entitled ‘‘Tapoco Hy-
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1 droelectric Project, P–2169, Settlement Agreement, 

2 Appendix B, Proposed Land Conveyances in Ten3 nessee’’, numbered TP616, Issue No. 15, and dated 

4 March 11, 2004. 

5 (b) LAND ACQUIRED BY THE SECRETARY OF THE IN6 TERIOR.—The Secretary shall— 

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

8 any land or interest in land acquired by the Sec9 retary under subsection (a); 

10 (2) administer any acquired land or interest in 

11 land as part of the Park in accordance with applica12 ble law (including regulations); and 

13 (3) publish notice of the adjustment in the Fed14 eral Register. 

15 (c) LAND ACQUIRED BY THE SECRETARY OF AGRI16 CULTURE.— 

17 (1) BOUNDARY ADJUSTMENT.—The Secretary 

18 of Agriculture shall— 

19 (A) adjust the boundary of the Cherokee 

20 National Forest to include any land acquired 

21 under subsection (a); 

22 (B) administer any acquired land or inter23 est in land as part of the Cherokee National 

24 Forest in accordance with applicable law (in25 cluding regulations); and 
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1 (C) publish notice of the adjustment in the 

2 Federal Register. 

3 (2) MANAGEMENT.—The Secretary of Agri4 culture shall evaluate the feasibility of managing any 

5 land acquired by the Secretary of Agriculture under 

6 subsection (a) in a manner that retains the primi7 tive, back-country character of the land. 

8 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated such sums 

10 as are necessary to carry out this Act. 

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