[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

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 1373]]
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 1374]]
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 1375]]
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.