[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2319 Enrolled Bill (ENR)]

        S.2319

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 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 Generating Inc. 
    (including its successors and assigns).
        (2) Commission.--The term ``Commission'' means the Federal 
    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 
    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 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 approximately 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 secretary.--The 
    land to be conveyed by the Secretary to APGI 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 Reservoir;
        (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 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 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.
        (3) Public notice.--The Secretary shall publish in the Federal 
    Register notice of any boundary revised 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, 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 
    Easement'' 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.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.