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106th CONGRESS
2d Session
S. 3140
To transfer administrative jurisdiction over land of the Tennessee
Valley Authority within the Daniel Boone National Forest to the
Secretary of Agriculture and compensate the Authority for the transfer.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 28 (legislative day, September 22), 2000
Mr. McConnell (for himself and Mr. Bunning) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To transfer administrative jurisdiction over land of the Tennessee
Valley Authority within the Daniel Boone National Forest to the
Secretary of Agriculture and compensate the Authority for the transfer.
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 ``Kentucky National Forest Land
Transfer Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the United States owns over 40,000 acres of land and
mineral rights administered by the Tennessee Valley Authority
within the Daniel Boone National Forest in the State of
Kentucky;
(2) the land and mineral rights were acquired by the
Tennessee Valley Authority for purposes of power production
using funds derived from ratepayers;
(3) the management of the land and mineral rights should be
carried out in accordance with the laws governing the
management of national forests; and
(4) the Tennessee Valley Authority, on behalf of the
ratepayers of the Authority, should be reasonably compensated
for the land and mineral rights of the Authority transferred
within the Daniel Boone National Forest.
(b) Purposes.--The purposes of this Act are--
(1) to transfer administrative jurisdiction over land of
the Tennessee Valley Authority within the Daniel Boone National
Forest to the Secretary of Agriculture; and
(2) to compensate the Tennessee Valley Authority for the
reasonable value of the transfer of jurisdiction.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered land.--
(A) In general.--The term ``covered land'' means
all land and interests in land owned or managed by the
Tennessee Valley Authority within the boundaries of the
Daniel Boone National Forest in the State of Kentucky
that are transferred under this Act, including surface
and subsurface estates.
(B) Exclusions.--The term ``covered land'' does not
include any land or interest in land owned or managed
by the Tennessee Valley Authority for the transmission
of water, gas, or power, including power line easements
and associated facilities.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER COVERED LAND.
(a) In General.--All covered land is transferred to the
administrative jurisdiction of the Secretary to be managed in
accordance with the laws (including regulations) pertaining to the
National Forest System.
(b) Authority of Secretary of Interior Over Mineral Resources.--The
transfer of the covered land shall be subject to the authority of the
Secretary of the Interior with respect to mineral resources underlying
National Forest System land, including laws pertaining to mineral
leasing and the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1201 et seq.).
(c) Surface Mining.--No surface mining shall be permitted with
respect to any covered land except as provided under section 522(e)(2)
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1272(e)(2)).
SEC. 5. MONETARY CREDITS.
(a) In General.--In consideration for the transfer provided under
section 4, the Secretary of the Interior shall provide to the Tennessee
Valley Authority monetary credits with a value of $4,000,000 that may
be used for the payment of--
(1) not more than 50 percent of the bonus or other payments
made by successful bidders in any sales of mineral, oil, gas,
or geothermal leases in the contiguous 48 States under--
(A) the Mineral Leasing Act (30 U.S.C. 181 et
seq.);
(B) the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.); or
(C) the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.);
(2) not more than 10 percent of the bonus or other payments
made by successful bidders in any sales of mineral, oil, gas,
or geothermal leases in the State of Alaska under the laws
referred to in paragraph (1);
(3) not more than 50 percent of any royalty, rental, or
advance royalty payment made to the United States to maintain
any mineral, oil, gas, or geothermal lease in the contiguous 48
States issued under the laws referred to in paragraph (1); or
(4) not more than 10 percent of any royalty, rental, or
advance royalty payment made to the United States to maintain
any mineral, oil, gas, or geothermal lease in the State of
Alaska issued under the laws referred to in paragraph (1).
(b) Value of Credits.--The total amount of credits provided under
subsection (a) shall be considered equal to the fair market value of
the covered land.
(c) Acceptance of Credits.--
(1) In general.--The Secretary of the Interior shall accept
credits provided under subsection (a) in the same manner as
cash for the payments described under subsection (a).
(2) Use of credits.--The use of the credits shall be
subject to the laws (including regulations) governing such
payments, to the extent the laws are consistent with this
section.
(d) Treatment of Credits for Distribution to States.--All credits
accepted by the Secretary of the Interior under subsection (c) for the
payments described in subsection (a) shall be considered to be money
received for the purpose of section 35 of the Mineral Leasing Act (30
U.S.C. 191) and section 20 of the Geothermal Steam Act of 1970 (30
U.S.C. 1019).
(e) Exchange Account.--
(1) Establishment.--Notwithstanding any other provision of
law, not later than 60 days after the date of enactment of this
Act, the Secretary of the Interior shall establish an exchange
account for the Tennessee Valley Authority for the monetary
credits provided under subsection (a).
(2) Administration.--The account shall--
(A) be established with the Minerals Management
Service of the Department of the Interior; and
(B) have an initial balance of credits equal to
$4,000,000.
(3) Use of credits.--
(A) In general.--The credits shall be available to
the Tennessee Valley Authority for the purposes
described in subsection (a).
(B) Adjustment of balance.--The Secretary of the
Interior shall adjust the balance of credits in the
account to reflect credits accepted by the Secretary of
the Interior under subsection (c).
(f) Transfer or Sale of Credits.--
(1) In general.--The Tennessee Valley Authority may
transfer or sell any credits in the account of the Authority to
another person or entity.
(2) Use of transferred credits.--Credits transferred or
sold under paragraph (1) may be used in accordance with this
subsection only by a person or entity that is qualified to bid
on, or that holds, a mineral, oil, or gas lease under--
(A) the Mineral Leasing Act (30 U.S.C. 181 et
seq.);
(B) the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.); or
(C) the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.).
(3) Notification.--
(A) In general.--Not later than 30 days after the
transfer or sale of any credits, the Tennessee Valley
Authority shall notify the Secretary of the Interior of
the transfer or sale.
(B) Validity of transfer or sale.--The transfer or
sale of any credit shall not be valid until the
Secretary of the Interior has received the notification
required under subparagraph (A).
(4) Time limit on use of credits.--
(A) In general.--On the date that is 5 years after
the date on which an account is established for the
Tennessee Valley Authority under subsection (e), the
Secretary of the Interior shall terminate the account.
(B) Unused credits.--Any credits that originated in
the terminated account and have not been used as of the
termination date, including any credits transferred or
sold under this subsection, shall expire.
SEC. 6. EXISTING AUTHORIZATIONS.
(a) In General.--Nothing in this Act affects any valid existing
rights under any lease, permit, or other authorization by the Tennessee
Valley Authority on covered land in effect before the date of enactment
of this Act.
(b) Renewal.--Renewal of any existing lease, permit, or other
authorization on covered land shall be at the discretion of the
Secretary on terms and conditions determined by the Secretary.
SEC. 7. COMPLIANCE WITH ENVIRONMENTAL LAWS.
(a) Definitions.--In this section:
(1) Environmental law.--
(A) In general.--The term ``environmental law''
means all applicable Federal, State, and local laws
(including regulations) and requirements related to
protection of human health, natural or cultural
resources, or the environment.
(B) Inclusions.--The term ``environmental law''
includes--
(i) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.);
(ii) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
(iv) the Clean Air Act (42 U.S.C. 7401 et
seq.);
(v) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(vi) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.);
(vii) the Safe Drinking Water Act (42
U.S.C. 300f et seq.);
(viii) the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(ix) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(2) Hazardous substance, pollutant or contaminant, release,
and response action.--The terms ``hazardous substance'',
``pollutant or contaminant'', ``release'', and ``response
action'' have the meanings given the terms in section 101 and
other provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
(b) Documentation of Existing Conditions.--
(1) In General.--Not later than 60 days after the date of
enactment of this Act, the Tennessee Valley Authority shall
provide the Secretary all documentation and information that
exists on the environmental condition of the land and waters
comprising the covered land.
(2) Additional documentation.--The Tennessee Valley
Authority shall provide the Secretary with any additional
documentation and information regarding the environmental
condition of the covered land as such documentation and
information becomes available.
(c) Action Required.--
(1) Assessment.--Not later than 120 days after the date of
enactment of this Act, the Tennessee Valley Authority shall
provide to the Secretary an assessment indicating what action,
if any, is required under any environmental law on covered
land.
(2) Memorandum of understanding.--If the assessment
concludes that action is required under any environmental law
with respect to any portion of the covered land, the Secretary
and the Tennessee Valley Authority shall enter into a
memorandum of understanding that--
(A) provides for the performance by the Tennessee
Valley Authority of the required actions identified in
the assessment; and
(B) includes a schedule providing for the prompt
completion of the required actions to the satisfaction
of the Secretary.
(d) Documentation Demonstrating Action.--The Tennessee Valley
Authority shall provide the Secretary with documentation demonstrating
that all actions required under any environmental law have been taken,
including all response actions that are necessary to protect human
health and the environment with respect to any hazardous substance,
pollutant or contaminant, hazardous waste, hazardous material, or
petroleum product or derivative of a petroleum product on covered land.
(e) Continuation of Responsibilities and Liabilities.--
(1) In general.--The transfer of covered land under this
Act, and the requirements of this section, shall not affect the
responsibilities and liabilities of the Tennessee Valley
Authority under any environmental law.
(2) Access.--The Tennessee Valley Authority shall have
access to the property that may be reasonably required to carry
out a responsibility or satisfy a liability referred to in
paragraph (1).
(3) Additional terms and conditions.--The Secretary may
require such additional terms and conditions in connection with
the transfer of covered land under this Act as the Secretary
considers to be appropriate to protect the interest of the
United States concerning the continuation of any
responsibilities and liabilities under any environmental law.
(4) No effect on responsibilities or liabilities.--Nothing
in this Act affects, directly or indirectly, the
responsibilities or liabilities under any environmental law of
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