[Congressional Record (Bound Edition), Volume 150 (2004), Part 15]
[House]
[Pages 20571-20572]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  TAPOCO PROJECT LICENSING ACT OF 2004

  Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 2319) to authorize and facilitate hydroelectric power 
licensing of the Tapoco Project.
  The Clerk read as follows:

                                S. 2319

       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 nongovernmental 
     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nevada (Mr. Gibbons) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Nevada (Mr. Gibbons).


                             General Leave

  Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on S. 2319.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, Senate 2319, introduced by Senator Alexander of 
Tennessee, would facilitate a hydroelectric power relicensing for the 
Tapoco Project near the Great Smoky Mountains National Park by 
authorizing the Secretary of the Interior to enter into a series of 
land exchanges with Alcoa Power Generating, Inc.
  The gentleman from Tennessee (Mr. Duncan) is the author of the House 
companion bill and has asked us to accept the Senate bill in the 
interest of time.
  Mr. Speaker, the bill is supported by the majority and minority of 
the committee as well as the administration.
  Mr. Speaker, I urge adoption of the bill.


[[Page 20572]]


                                         House of Representatives,


                                       Committee on Resources,

                                  Washington, DC, October 1, 2004.
     Hon. Joe Barton,
     Chairman, Committee on Energy and Commerce,
     Rayburn House Office Building, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     4667, a bill to authorize and facilitate hydroelectric power 
     licensing of the Tapoco Project. I agree that the Committee 
     on Energy and Commerce has a jurisdictional interest in H.R. 
     4667, and that by not insisting upon your referral of the 
     bill, you do not compromise your jurisdictional claim. I will 
     also support your request to be named as a conferee on this 
     bill or the similar Senate bill, S. 2319 should one become 
     necessary.
       It is indeed our intention to consider S. 2319, which is 
     being held at the desk in the House. To clarify the committee 
     jurisdiction over this matter, I will place your letter and 
     my response in the Congressional Record under the extension 
     of remark authority granted during consideration of S. 2319.
       Thank you again for your cooperation on this issue.
           Sincerely,
                                                 Richard W. Pombo,
     Chairman.
                                  ____

                                         House of Representatives,


                             Committee on Energy and Commerce,

                               Washington, DC, September 30, 2004.
     Hon. Richard W. Pombo,
     Chairman, Committee on Resources, House of Representatives,
     Longworth House Office Building, Washington, DC.
       Dear Chairman Pombo: On September 15, 2004, the Committee 
     on Resources ordered reported H.R. 4667, a bill to authorize 
     and facilitate hydroelectric power licensing of the Tapoco 
     Project. Upon introduction, this bill was also referred to 
     the Committee on Energy and Commerce, and was subsequently 
     ordered reported by the Committee today. S. 2319, which is 
     the companion legislation to H.R. 4667, is currently being 
     held at the desk in the House. I understand that it is your 
     intention to consider S. 2319 rather than H.R. 4667 in the 
     House.
       Recognizing your interest in bringing this legislation 
     before the House expeditiously, the Committee on Energy and 
     Commerce agrees not to seek a sequential referral of the 
     bill. By agreeing not to seek a sequential referral, the 
     Committee on Energy and Commerce does not waive its 
     jurisdiction over the bill.
       I request that you include this letter and your response as 
     part of the Congressional Record during consideration of this 
     bill by the House.
           Sincerely,
                                                       Joe Barton,
                                                         Chairman.

  Mr. Speaker, I reserve the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Tennessee (Mr. Duncan) to add his remarks on Senate 
2319.
  Mr. DUNCAN. Mr. Speaker, I thank the gentleman from Nevada (Mr. 
Gibbons) for yielding me time.
  Mr. Speaker, I rise today to encourage the House to approve S. 2319 
which was first introduced by my Tennessee colleague, Senator Lamar 
Alexander.
  Simply put, S. 2319 is a jobs bill that will keep 2,000 jobs through 
a land exchange between the ALCOA Corporation and the Great Smoky 
Mountains National Park.
  This bill ratifies an agreement between ALCOA and a large number of 
Tennessee and North Carolina State and local officials, Federal 
agencies and nonprofit conservation groups.
  Specifically, this bill allows the relicensing of the Tapoco Project, 
an ALCOA-owned-and-operated hydroelec-
tric project that is federally licensed under the Federal Power Act.
  Originally licensed in 1955, the Tapoco Project was constructed on 
the Little Tennessee and Cheoah Rivers. It contains more than 8,000 
acres that are located between nearly 10,000 acres of lands owned by 
ALCOA, the Great Smoky Mountains National Park, and the Cherokee and 
Nantahala National Forests.
  Senate bill 2319 creates a legal barrier that prevents the 
relicensure of the Tapoco Project because a portion of the Chilhowee 
Reservoir floods four side streams containing approximately 100 acres 
of land within the authorized boundary of the Great Smoky Mountains 
National Park. Although these lands were included within the park when 
it was created in 1926, the Federal Government decided for financial 
reasons not to acquire flooding rights that were then held by ALCOA's 
corporate predecessor.
  However, the Federal Power Act and the 1926 Great Smoky Mountains 
National Park law each prohibit the licensing of hydroelectric projects 
inside the park. Thus, it appears the Tapoco Project was erroneously 
licensed in 1955 to include four areas flooded by Chilhowee Dam.
  Although ALCOA owns valid property rights to flood these lands, FERC 
does not have the legal authority to issue a new license. Under Senate 
bill 2319, the Park Service and ALCOA will exchange lands to correct 
this 50-year-old mistake and allow FERC to relicense the Tapoco 
Project.
  Specifically, the bill directs the Secretary of Interior to acquire 
189 acres of ecologically valuable lands located within the authorized 
boundaries of the park, in exchange for 100 acres of land located 
within the park and the Tapoco Project. This is a net gain of 89 acres 
for the park.
  The legislation also authorizes the Secretaries of Interior and 
Agriculture to adjust the boundaries of the park and adjacent U.S. 
forests and accept the lands that are expected to be transferred by 
ALCOA to a nonprofit organization and subsequently by the nonprofit 
organization to the Federal Government.
  In conclusion, without this legislation, ALCOA would no longer be 
able to provide power for its operations in East Tennessee and would be 
forced to halt its operations. This would be a major blow to 2,000 
hardworking families in my district and an annual economic loss of over 
$400 million to a region that already has lost thousands of jobs 
overseas.
  Mr. Speaker, I urge passage of this bill. I especially thank my 
colleague in the other body, Senator Alexander, for his work on this 
legislation. I thank my friend and colleague, the gentleman from Nevada 
(Mr. Gibbons) for so graciously yielding me this time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, we have reviewed Senate 2319 and have no objection to 
its passage today. I join the ranking member, the gentleman from West 
Virginia (Mr. Rahall), in congratulating the gentleman from Tennessee 
(Mr. Duncan) on his efforts on behalf of this legislation and the 
Tapoco Project.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I have no additional speakers, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules 
and pass the Senate bill, S. 2319.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________