[108th Congress Public Law 343]
[From the U.S. Government Printing Office]


[DOCID: f:publ343.108]

[[Page 1371]]

                  TAPOCO PROJECT LICENSING ACT OF 2004

[[Page 118 STAT. 1372]]

Public Law 108-343
108th Congress

                                 An Act


 
To authorize and facilitate hydroelectric power licensing of the Tapoco 
             Project. <<NOTE: Oct. 18, 2004 -  [S. 2319]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Tapoco Project 
Licensing Act of 2004. 16 USC 403 note.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tapoco Project Licensing Act of 
2004''.

SEC. 2. <<NOTE: 16 USC 403 note.>> 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 <<NOTE: 16 USC 403 note.>> 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

[[Page 118 STAT. 1373]]

        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.

[[Page 118 STAT. 1374]]

            (3) <<NOTE: Federal Register, publication.>> Public 
        notice.--The Secretary shall publish in the Federal Register 
        notice of any boundary revised under paragraph (1).

SEC. 4. PROJECT <<NOTE: 16 USC 403 note.>> 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 <<NOTE: 16 USC 403 note.>> 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) <<NOTE: Federal Register, publication.>> 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) <<NOTE: Federal Register, publication.>> 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.

[[Page 118 STAT. 1375]]

SEC. 6. AUTHORIZATION OF <<NOTE: 16 USC 403 note.>> APPROPRIATIONS.

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

    Approved October 18, 2004.

LEGISLATIVE HISTORY--S. 2319 (H.R. 4667):
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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.

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