Home > 108th Congressional Bills > H.R. 4667 (rh) To authorize and facilitate hydroelectric power licensing of the Tapoco Project, and for other purposes. [Reported in House] ...H.R. 4667 (rh) To authorize and facilitate hydroelectric power licensing of the Tapoco Project, and for other purposes. [Reported in House] ...
108th CONGRESS
2d Session
H. R. 4667
To authorize and facilitate hydroelectric power licensing of the Tapoco
Project, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 23, 2004
Mr. Duncan introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on Energy and
Commerce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize and facilitate hydroelectric power licensing of the Tapoco
Project, and for other purposes.
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., 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 is the
approximately 110 acres of land within the Park that is--
(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 subsection (a).
(c) Opportunity to Mitigate.--If the Secretary determines that all
or part of the land to be conveyed to the Secretary under subsection
(a)(2) 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. The conservation easement 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 within the boundary of the Park.
(3) Public notice.--The Secretary shall publish in the
Federal Register notice of any boundary revision 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, from willing owners only, 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.
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