Page:United States Statutes at Large Volume 118.djvu/1403

 118 STAT. 1373 PUBLIC LAW 108–343—OCT. 18, 2004 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 Res ervoir; (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 Commis sion. (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 decommis sioning 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.

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