Tapoco Project Licensing Act of 2004
PL 108-343 (S.2319), enacted 10/18/2004

118 STAT. 1372
PUBLIC LAW 108–343—OCT. 18, 2004
Public Law 108–343
108th Congress
An Act
To authorize and facilitate hydroelectric power licensing of the Tapoco Project.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Tapoco Project Licensing Act
of 2004’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) APGI.—The term ‘‘APGI’’ means Alcoa Power Gener-
ating Inc. (including its successors and assigns).
(2) COMMISSION.—The term ‘‘Commission’’ means the Fed-
eral Energy Regulatory Commission.
(3) MAP.—The term ‘‘map’’ means the map entitled ‘‘Tapoco
Hydroelectric Project, P–2169, Settlement 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 Hydro-
electric 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 simultaneously convey to APGI title
to the land identified in paragraph (3).
(2) DESCRIPTION OF LAND TO BE CONVEYED BY APGI.—The
land to be conveyed by APGI to the Secretary is the approxi-
mately 186 acres of land, subject to any encumbrances existing
before February 21, 2003—
(A) within the authorized boundary of the Park, located
northeast of United States Highway 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 SEC-
RETARY.—The land to be conveyed by the Secretary to APGI
16 USC 403 note.
16 USC 403 note.
Tapoco Project
Licensing Act
of 2004.
16 USC 403 note.
Oct. 18, 2004
[S. 2319]
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118 STAT. 1373
PUBLIC LAW 108–343—OCT. 18, 2004
are the approximately 110 acres of land within the Park that
are—
(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 identified in paragraphs (2) and (3) of
subsection (a).
(c) OPPORTUNITY TO MITIGATE.—If the Secretary determines
that all or part of the land to be conveyed to the Park under
subsection (a) is unsuitable for inclusion 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, shall—
(1) specifically prohibit any development of the land by
APGI, other than any development that is necessary for the
continued operation and maintenance of the Chilhowee Res-
ervoir;
(2) authorize public access to the easement area, subject
to National Park Service regulations; and
(3) authorize the National Park Service to enforce 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 Commis-
sion.
(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 decommis-
sioning the Project from which no further 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 Federal 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 Secretary shall—
(A) adjust the boundary of the Park to include 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.—Notwithstanding the
exchange of land under this section, the land described in
subsection (a)(3) shall remain in the boundary of the Park.
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118 STAT. 1374
PUBLIC LAW 108–343—OCT. 18, 2004
(3) PUBLIC NOTICE.—The Secretary shall publish in the
Federal Register notice of any boundary revised under para-
graph (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 modi-
fication 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, by purchase, 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 Ease-
ment’’ on the map entitled ‘‘Tapoco Hydroelectric Project,
P–2169, Settlement Agreement, Appendix B, Proposed Land
Conveyances in Tennessee’’, numbered TP616, Issue No. 15,
and dated March 11, 2004.
(b) LAND ACQUIRED BY THE SECRETARY OF THE INTERIOR.—
The Secretary shall—
(1) adjust the boundary of the Park to include any land
or interest in land acquired by the Secretary under subsection
(a);
(2) administer any acquired land or interest in land as
part of the Park in accordance with applicable law (including
regulations); and
(3) publish notice of the adjustment in the Federal Register.
(c) LAND ACQUIRED
BY
THE SECRETARY
OF AGRICULTURE.—
(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 interest in land
as part of the Cherokee National Forest in accordance
with applicable law (including regulations); and
(C) publish notice of the adjustment in the Federal
Register.
(2) MANAGEMENT.—The Secretary of Agriculture shall
evaluate the feasibility of managing any land acquired by the
Secretary of Agriculture under subsection (a) in a manner that
retains the primitive, back-country character of the land.
Federal Register,
publication.
Federal Register,
publication.
16 USC 403 note.
16 USC 403 note.
Federal Register,
publication.
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118 STAT. 1375
PUBLIC LAW 108–343—OCT. 18, 2004
LEGISLATIVE HISTORY—S. 2319 (H.R. 4667):
HOUSE REPORTS: No. 108–721, Pt. 1 (Comm. on Energy and Commerce) and Pt.
2 (Comm. on Resources) both accompanying H.R. 4667.
SENATE REPORTS: No. 108–299 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 15, considered and passed Senate.
Oct. 4, considered and passed House.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
Approved October 18, 2004.
16 USC 403 note.
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