IB 
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 Com-
mittee 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 juris-
diction 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tapoco Project Licens-
ing Act of 2004’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) APGI.—The term ‘‘APGI’’ means Alcoa 
Power Generating Inc., its successors and assigns. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Energy Regulatory Commission. 
(3) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Tapoco Hydroelectric Project, P–2169, Set-
tlement 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 si-
multaneously convey to APGI title to the land iden-
tified 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 Feb-
ruary 21, 2003—
(A) within the authorized boundary of the 
Park, located northeast of United States High-
way 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 is the approximately 110 
acres of land within the Park that is—
(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 identi-
fied in subsection (a). 
(c) OPPORTUNITY TO MITIGATE.—If the Secretary 
determines that all or part of the land to be conveyed to 
the Secretary under subsection (a)(2) is unsuitable for in-
clusion 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. 
The conservation easement shall—
(1) specifically prohibit any development of the 
land by APGI, other than any development that is 
necessary for the continued operation and mainte-
nance 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 en-
force 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 fur-
ther 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 Fed-
eral 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 Sec-
retary shall—
(A) adjust the boundary of the Park to in-
clude 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.—Notwith-
standing the exchange of land under this section, the 
land described in subsection (a)(3) shall remain 
within the boundary of the Park. 
(3) PUBLIC NOTICE.—The Secretary shall pub-
lish in the Federal Register notice of any boundary 
revision 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, from willing owners only, by pur-
chase, 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 Hy-
droelectric Project, P–2169, Settlement Agreement, 
Appendix B, Proposed Land Conveyances in Ten-
nessee’’, numbered TP616, Issue No. 15, and dated 
March 11, 2004. 
(b) LAND ACQUIRED BY THE SECRETARY OF THE IN-
TERIOR.—The Secretary shall—
(1) adjust the boundary of the Park to include 
any land or interest in land acquired by the Sec-
retary under subsection (a); 
(2) administer any acquired land or interest in 
land as part of the Park in accordance with applica-
ble law (including regulations); and 
(3) publish notice of the adjustment in the Fed-
eral Register. 
(c) LAND ACQUIRED BY THE SECRETARY OF AGRI-
CULTURE.—
(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 inter-
est in land as part of the Cherokee National 
Forest in accordance with applicable law (in-
cluding regulations); and 
(C) publish notice of the adjustment in the 
Federal Register. 
(2) MANAGEMENT.—The Secretary of Agri-
culture shall evaluate the feasibility of managing any 
land acquired by the Secretary of Agriculture under 
subsection (a) in a manner that retains the primi-
tive, back-country character of the land. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
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 li-
censing of the Tapoco Project, and for other pur-
poses. 
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