[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3140 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3140

  To transfer administrative jurisdiction over land of the Tennessee 
    Valley Authority within the Daniel Boone National Forest to the 
Secretary of Agriculture and compensate the Authority for the transfer.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 28 (legislative day, September 22), 2000

 Mr. McConnell (for himself and Mr. Bunning) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
  To transfer administrative jurisdiction over land of the Tennessee 
    Valley Authority within the Daniel Boone National Forest to the 
Secretary of Agriculture and compensate the Authority for the transfer.

    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 ``Kentucky National Forest Land 
Transfer Act of 2000''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the United States owns over 40,000 acres of land and 
        mineral rights administered by the Tennessee Valley Authority 
        within the Daniel Boone National Forest in the State of 
        Kentucky;
            (2) the land and mineral rights were acquired by the 
        Tennessee Valley Authority for purposes of power production 
        using funds derived from ratepayers;
            (3) the management of the land and mineral rights should be 
        carried out in accordance with the laws governing the 
        management of national forests; and
            (4) the Tennessee Valley Authority, on behalf of the 
        ratepayers of the Authority, should be reasonably compensated 
        for the land and mineral rights of the Authority transferred 
        within the Daniel Boone National Forest.
    (b) Purposes.--The purposes of this Act are--
            (1) to transfer administrative jurisdiction over land of 
        the Tennessee Valley Authority within the Daniel Boone National 
        Forest to the Secretary of Agriculture; and
            (2) to compensate the Tennessee Valley Authority for the 
        reasonable value of the transfer of jurisdiction.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Covered land.--
                    (A) In general.--The term ``covered land'' means 
                all land and interests in land owned or managed by the 
                Tennessee Valley Authority within the boundaries of the 
                Daniel Boone National Forest in the State of Kentucky 
                that are transferred under this Act, including surface 
                and subsurface estates.
                    (B) Exclusions.--The term ``covered land'' does not 
                include any land or interest in land owned or managed 
                by the Tennessee Valley Authority for the transmission 
                of water, gas, or power, including power line easements 
                and associated facilities.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER COVERED LAND.

    (a) In General.--All covered land is transferred to the 
administrative jurisdiction of the Secretary to be managed in 
accordance with the laws (including regulations) pertaining to the 
National Forest System.
    (b) Authority of Secretary of Interior Over Mineral Resources.--The 
transfer of the covered land shall be subject to the authority of the 
Secretary of the Interior with respect to mineral resources underlying 
National Forest System land, including laws pertaining to mineral 
leasing and the Surface Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1201 et seq.).
    (c) Surface Mining.--No surface mining shall be permitted with 
respect to any covered land except as provided under section 522(e)(2) 
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1272(e)(2)).

SEC. 5. MONETARY CREDITS.

    (a) In General.--In consideration for the transfer provided under 
section 4, the Secretary of the Interior shall provide to the Tennessee 
Valley Authority monetary credits with a value of $4,000,000 that may 
be used for the payment of--
            (1) not more than 50 percent of the bonus or other payments 
        made by successful bidders in any sales of mineral, oil, gas, 
        or geothermal leases in the contiguous 48 States under--
                    (A) the Mineral Leasing Act (30 U.S.C. 181 et 
                seq.);
                    (B) the Outer Continental Shelf Lands Act (43 
                U.S.C. 1331 et seq.); or
                    (C) the Geothermal Steam Act of 1970 (30 U.S.C. 
                1001 et seq.);
            (2) not more than 10 percent of the bonus or other payments 
        made by successful bidders in any sales of mineral, oil, gas, 
        or geothermal leases in the State of Alaska under the laws 
        referred to in paragraph (1);
            (3) not more than 50 percent of any royalty, rental, or 
        advance royalty payment made to the United States to maintain 
        any mineral, oil, gas, or geothermal lease in the contiguous 48 
        States issued under the laws referred to in paragraph (1); or
            (4) not more than 10 percent of any royalty, rental, or 
        advance royalty payment made to the United States to maintain 
        any mineral, oil, gas, or geothermal lease in the State of 
        Alaska issued under the laws referred to in paragraph (1).
    (b) Value of Credits.--The total amount of credits provided under 
subsection (a) shall be considered equal to the fair market value of 
the covered land.
    (c) Acceptance of Credits.--
            (1) In general.--The Secretary of the Interior shall accept 
        credits provided under subsection (a) in the same manner as 
        cash for the payments described under subsection (a).
            (2) Use of credits.--The use of the credits shall be 
        subject to the laws (including regulations) governing such 
        payments, to the extent the laws are consistent with this 
        section.
    (d) Treatment of Credits for Distribution to States.--All credits 
accepted by the Secretary of the Interior under subsection (c) for the 
payments described in subsection (a) shall be considered to be money 
received for the purpose of section 35 of the Mineral Leasing Act (30 
U.S.C. 191) and section 20 of the Geothermal Steam Act of 1970 (30 
U.S.C. 1019).
    (e) Exchange Account.--
            (1) Establishment.--Notwithstanding any other provision of 
        law, not later than 60 days after the date of enactment of this 
        Act, the Secretary of the Interior shall establish an exchange 
        account for the Tennessee Valley Authority for the monetary 
        credits provided under subsection (a).
            (2) Administration.--The account shall--
                    (A) be established with the Minerals Management 
                Service of the Department of the Interior; and
                    (B) have an initial balance of credits equal to 
                $4,000,000.
            (3) Use of credits.--
                    (A) In general.--The credits shall be available to 
                the Tennessee Valley Authority for the purposes 
                described in subsection (a).
                    (B) Adjustment of balance.--The Secretary of the 
                Interior shall adjust the balance of credits in the 
                account to reflect credits accepted by the Secretary of 
                the Interior under subsection (c).
    (f) Transfer or Sale of Credits.--
            (1) In general.--The Tennessee Valley Authority may 
        transfer or sell any credits in the account of the Authority to 
        another person or entity.
            (2) Use of transferred credits.--Credits transferred or 
        sold under paragraph (1) may be used in accordance with this 
        subsection only by a person or entity that is qualified to bid 
        on, or that holds, a mineral, oil, or gas lease under--
                    (A) the Mineral Leasing Act (30 U.S.C. 181 et 
                seq.);
                    (B) the Outer Continental Shelf Lands Act (43 
                U.S.C. 1331 et seq.); or
                    (C) the Geothermal Steam Act of 1970 (30 U.S.C. 
                1001 et seq.).
            (3) Notification.--
                    (A) In general.--Not later than 30 days after the 
                transfer or sale of any credits, the Tennessee Valley 
                Authority shall notify the Secretary of the Interior of 
                the transfer or sale.
                    (B) Validity of transfer or sale.--The transfer or 
                sale of any credit shall not be valid until the 
                Secretary of the Interior has received the notification 
                required under subparagraph (A).
            (4) Time limit on use of credits.--
                    (A) In general.--On the date that is 5 years after 
                the date on which an account is established for the 
                Tennessee Valley Authority under subsection (e), the 
                Secretary of the Interior shall terminate the account.
                    (B) Unused credits.--Any credits that originated in 
                the terminated account and have not been used as of the 
                termination date, including any credits transferred or 
                sold under this subsection, shall expire.

SEC. 6. EXISTING AUTHORIZATIONS.

    (a) In General.--Nothing in this Act affects any valid existing 
rights under any lease, permit, or other authorization by the Tennessee 
Valley Authority on covered land in effect before the date of enactment 
of this Act.
    (b) Renewal.--Renewal of any existing lease, permit, or other 
authorization on covered land shall be at the discretion of the 
Secretary on terms and conditions determined by the Secretary.

SEC. 7. COMPLIANCE WITH ENVIRONMENTAL LAWS.

    (a) Definitions.--In this section:
            (1) Environmental law.--
                    (A) In general.--The term ``environmental law'' 
                means all applicable Federal, State, and local laws 
                (including regulations) and requirements related to 
                protection of human health, natural or cultural 
                resources, or the environment.
                    (B) Inclusions.--The term ``environmental law'' 
                includes--
                            (i) the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.);
                            (ii) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.);
                            (iii) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.);
                            (iv) the Clean Air Act (42 U.S.C. 7401 et 
                        seq.);
                            (v) the Federal Insecticide, Fungicide, and 
                        Rodenticide Act (7 U.S.C. 136 et seq.);
                            (vi) the Toxic Substances Control Act (15 
                        U.S.C. 2601 et seq.);
                            (vii) the Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.);
                            (viii) the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4321 et seq.); and
                            (ix) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.).
            (2) Hazardous substance, pollutant or contaminant, release, 
        and response action.--The terms ``hazardous substance'', 
        ``pollutant or contaminant'', ``release'', and ``response 
        action'' have the meanings given the terms in section 101 and 
        other provisions of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.).
    (b) Documentation of Existing Conditions.--
            (1) In General.--Not later than 60 days after the date of 
        enactment of this Act, the Tennessee Valley Authority shall 
        provide the Secretary all documentation and information that 
        exists on the environmental condition of the land and waters 
        comprising the covered land.
            (2) Additional documentation.--The Tennessee Valley 
        Authority shall provide the Secretary with any additional 
        documentation and information regarding the environmental 
        condition of the covered land as such documentation and 
        information becomes available.
    (c) Action Required.--
            (1) Assessment.--Not later than 120 days after the date of 
        enactment of this Act, the Tennessee Valley Authority shall 
        provide to the Secretary an assessment indicating what action, 
        if any, is required under any environmental law on covered 
        land.
            (2) Memorandum of understanding.--If the assessment 
        concludes that action is required under any environmental law 
        with respect to any portion of the covered land, the Secretary 
        and the Tennessee Valley Authority shall enter into a 
        memorandum of understanding that--
                    (A) provides for the performance by the Tennessee 
                Valley Authority of the required actions identified in 
                the assessment; and
                    (B) includes a schedule providing for the prompt 
                completion of the required actions to the satisfaction 
                of the Secretary.
    (d) Documentation Demonstrating Action.--The Tennessee Valley 
Authority shall provide the Secretary with documentation demonstrating 
that all actions required under any environmental law have been taken, 
including all response actions that are necessary to protect human 
health and the environment with respect to any hazardous substance, 
pollutant or contaminant, hazardous waste, hazardous material, or 
petroleum product or derivative of a petroleum product on covered land.
    (e) Continuation of Responsibilities and Liabilities.--
            (1) In general.--The transfer of covered land under this 
        Act, and the requirements of this section, shall not affect the 
        responsibilities and liabilities of the Tennessee Valley 
        Authority under any environmental law.
            (2) Access.--The Tennessee Valley Authority shall have 
        access to the property that may be reasonably required to carry 
        out a responsibility or satisfy a liability referred to in 
        paragraph (1).
            (3) Additional terms and conditions.--The Secretary may 
        require such additional terms and conditions in connection with 
        the transfer of covered land under this Act as the Secretary 
        considers to be appropriate to protect the interest of the 
        United States concerning the continuation of any 
        responsibilities and liabilities under any environmental law.
            (4) No effect on responsibilities or liabilities.--Nothing 
        in this Act affects, directly or indirectly, the 
        responsibilities or liabilities under any environmental law of 
        any person with respect to the Secretary.
    (f) Other Federal Agencies.--Subject to the other provisions of 
this section, a Federal agency that carried or carries out operations 
on covered land resulting in the release or threatened release of a 
hazardous substance, pollutant or contaminant, hazardous waste, 
hazardous material, or petroleum product or derivative of a petroleum 
product for which that agency would be liable under any environmental 
law shall pay--
            (1) the costs of related response actions; and
            (2) the costs of related actions to remediate petroleum 
        products or their derivatives.
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