[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2319 Introduced in Senate (IS)]

  2d Session
                                S. 2319

To authorize and facilitate hydroelectric power licensing of the Tapoco 
                                Project.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 19, 2004

 Mr. Alexander introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
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. PURPOSE.

    The purpose of this Act is to resolve jurisdictional issues 
regarding hydroelectric power licensing of FERC Project No. 2169 (the 
Tapoco Project or Project) by authorizing--
            (1) the Secretary of the Interior to complete, as soon as 
        practicable after the date of enactment of this Act, an 
        exchange of certain land; and
            (2) after the exchange of land is completed, the Federal 
        Energy Regulatory Commission to license the Project.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) APGI.--The term ``APGI'' means Alcoa Power Generating 
        Inc. (including its successors and assigns).
            (2) Attorney general.--The term ``Attorney General'' means 
        the Attorney General of the United States.
            (3) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (4) Park.--The term ``Park'' means the Great Smoky 
        Mountains National Park.
            (5) Project.--The term ``Project'' means FERC Project No. 
        2169 (the Tapoco Project or Project), including the Chilhowee 
        Dam and reservoir in the State.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Settlement agreement.--The term ``Settlement 
        Agreement'' means the agreement filed with the Commission among 
        the settling parties reached in the licensing of the Project 
        that describes the operational and protection, mitigation, and 
        enhancement measures for operation of the Project.
            (8) State.--The term ``State'' means the State of 
        Tennessee.

SEC. 4. LAND EXCHANGE.

    (a) In General.--The Secretary shall offer to acquire from APGI--
            (1) subject to any encumbrances existing before February 
        21, 2003, approximately 186 acres of land (within the 
        authorized boundary of the Park) located northeast of United 
        States Highway 129 and southwest of the Tennessee Valley 
        Authority power line; in exchange for
            (2) approximately 100 acres of land within the Park that 
        are--
                    (A) adjacent to or flooded by the Chilhowee 
                Reservoir;
                    (B) within the boundary of the Tapoco Project as of 
                February 21, 2003; and
                    (C) shown on the map entitled ``Tapoco 
                Hydroelectric Project, P-2169, Settlement Agreement, 
                Appendix C-5, Proposed Land Swap Areas, National Park 
                Service and APGI'', numbered TP514, Issue No. 8, and 
                dated March 11, 2004.
    (b) Conservation Easement.--The Secretary shall reserve a 
conservation easement over any land transferred to APGI that shall--
            (1) specifically prohibit any development of the land by 
        APGI, other than any development that is--
                    (A) necessary for the continued operation and 
                maintenance of the Chilhowee Reservoir; or
                    (B) required by the Commission;
            (2) authorize public access to the easement area subject to 
        Park regulations and the terms and restrictions imposed by the 
        Commission in any license the Commission may issue for the 
        project; 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 conditions considered necessary by the 
        Commission.
    (c) Reversion.--The deed from the Secretary to APGI shall contain a 
provision that requires the fee simple title for the Chilhowee Dam to 
revert to the United States if the Dam is breached or removed.
    (d) Unsuitable Land.--
            (1) In general.--If the Secretary determines that all or 
        part of a tract of land acquired under subsection (a) is 
        unsuitable for the Park, the Secretary shall provide APGI with 
        an opportunity to make the tract suitable for inclusion in the 
        Park.
            (2) Land not suitable.--If APGI is unable to make the tract 
        suitable for inclusion in the Park (as determined by the 
        Secretary) or elects not to make the tract suitable for 
        inclusion--
                    (A) the transfer of the land is voided, on written 
                notice from the Secretary to APGI; and
                    (B) the Secretary shall negotiate an acquisition 
                for inclusion in the Park of suitable land that is--
                            (i) of approximately equal value to the 
                        land acquired by APGI for inclusion in the 
                        Park; and
                            (ii) within or adjacent to the boundary of 
                        the Park.
    (e) Action for Fair Market Value of Land.--
            (1) In general.--If the Secretary determines that 
        negotiations for substitute land described in subsection 
        (d)(2)(B) are at an impasse, the Secretary shall request the 
        Attorney General to seek compensation for--
                    (A) the fair market value of the land or interests 
                in land that would have been transferred to the Park 
                had the land not been affected by the encumbrances or 
                defects that made the land unsuitable for inclusion in 
                the Park; and
                    (B) the costs and litigation expenses of the United 
                States, including attorney fees.
            (2) Funds.--All funds recovered from any action under 
        paragraph (1) shall--
                    (A) be immediately available, without further 
                appropriation from the Treasury, for use by the 
                Secretary for acquisition of land within or adjacent to 
                the boundaries of the Park from willing sellers; and
                    (B) remain available until expended.
            (3) Effect on conveyance.--Nothing in this subsection 
        affects a conveyance by the United States to APGI under 
        subsection (a).
    (f) Boundary Adjustment.--
            (1) In general.--On completion of an exchange authorized 
        under this section, the Secretary shall--
                    (A) adjust the boundary of the Park to reflect the 
                exchange; and
                    (B) administer any acquired land as part of the 
                Park in accordance with applicable law (including 
                regulations).
            (2) Public notice.--The Secretary shall publish in the 
        Federal Register notice of any boundary revised under this 
        subsection.
    (g) Compliance With Other Laws.--An exchange of land under this 
section is deemed to meet the requirements of--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) the National Historic Preservation Act (16 U.S.C. 470 
        et seq.); and
            (3) the land exchange provisions of the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).

SEC. 5. LICENSING.

    Notwithstanding any other provision of law, on completion of the 
land exchange or acquisition of equivalent land under section 4, the 
Commission shall have jurisdiction to license the Project .

SEC. 6. LAND ACQUISITION.

    (a) Secretary of the Interior.--
            (1) In general.--The Secretary may acquire, for the United 
        States, title to land in the State that may be transferred by 
        APGI to any nongovernmental organization (as shown on the map 
        entitled ``Tapoco Hydroelectric Project, P-2169, Settlement 
        Agreement, Appendix C-5, Proposed Land Conveyances in 
        Tennessee'', numbered TP616, Issue No. 15, and dated March 11, 
        2004) pursuant to the Settlement Agreement.
            (2) Boundary adjustment.--The Secretary shall--
                    (A) adjust the boundary of the Park to include any 
                land acquired under paragraph (1); and
                    (B) publish notice of the adjustment in the Federal 
                Register.
    (b) Secretary of Agriculture.--
            (1) In general.--The Secretary of Agriculture may acquire, 
        for the United States, title to land in the State that may be 
        transferred to any nongovernmental organization pursuant to the 
        Settlement Agreement described in subsection (a)(1).
            (2) Boundary adjustment.--The Secretary of Agriculture 
        shall--
                    (A) adjust the boundary of the Cherokee National 
                Forest to include any land acquired under paragraph 
                (1); and
                    (B) publish notice of the adjustment in the Federal 
                Register.
            (3) Management.--The Secretary of Agriculture shall 
        evaluate whether it is feasible and practicable to manage any 
        land acquired for the Cherokee National Forest under paragraph 
        (1) in a manner that retains the primitive, back-country 
        character of the land.

SEC. 7. AUTHORIZATION FOR APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
for the United States to acquire interests in land and to otherwise 
effectuate the purposes and terms of the land transfer provisions of 
the Settlement Agreement.
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