[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2383 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 570

103d CONGRESS

  2d Session

                                S. 2383

                          [Report No. 103-335]

_______________________________________________________________________

                                 A BILL

       To authorize the sale of the Alaska Power Administration.

_______________________________________________________________________

              August 12 (legislative day, August 11), 1994

                 Read twice and placed on the calendar





                                                       Calendar No. 570
103d CONGRESS
  2d Session
                                 S. 2383

                          [Report No. 103-335]

       To authorize the sale of the Alaska Power Administration.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              August 12 (legislative day, August 11), 1994

   Mr. Johnston, from the Committee on Energy and Natural Resources, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL


 
       To authorize the sale of the Alaska Power Administration.

    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 ``Alaska Power Administration Sale 
Authorization Act''.

SEC. 2. SALE OF SNETTISHAM AND EKLUTNA HYDROELECTRIC PROJECTS.

    (a) The Secretary of Energy may sell the Snettisham Hydroelectric 
Project (referred to in this Act as ``Snettisham'') to the State of 
Alaska Power Authority (now known as Alaska Industrial Development and 
Export Authority, and referred to in this Act as the ``Authority''), or 
its successor, in accordance with the February 10, 1989, Snettisham 
Purchase Agreement between the Alaska Power Administration of the 
Department of Energy and the Authority.
    (b) The Secretary of Energy may sell the Eklutna Hydroelectric 
Project (referred to in this Act as ``Eklutna'') to the Municipality of 
Anchorage doing business as Municipal Light and Power, the Chugach 
Electric Association, Inc., and the Matanuska Electric Association, 
Inc. (referred to in this Act as ``Eklutna Purchasers''), in accordance 
with the August 2, 1989, Eklutna Purchase Agreement between the 
Department of Energy and the Eklutna Purchasers.
    (c) The heads of other affected Federal departments and agencies, 
including the Secretary of the Interior, shall assist the Secretary of 
Energy in implementing the sales authorized by this section.
    (d) The Secretary of Energy shall deposit sale proceeds in the 
Treasury of the United States to the credit of miscellaneous receipts.
    (e) There are authorized to be appropriated such sums as are 
necessary to prepare or acquire Eklutna and Snettisham assets for sale 
and conveyance. Such preparation shall provide sufficient title to 
ensure the beneficial use, enjoyment, and occupancy to the purchasers 
assets to be sold.
    (f) The sales authorized in this section shall occur not later than 
1 year after the date of enactment of legislation defining ``first 
use'' of Snettisham for purposes of section 147(d) of the Internal 
Revenue Code of 1986, to be considered to occur pursuant to acquisition 
of the property by or behalf of the State of Alaska.

SEC. 3. EXEMPTION.

    (a)(1) After the sales authorized by section 2 occur, Eklutna and 
Snettisham, including future modifications, shall continue to be exempt 
from the requirements of the Federal Power Act (15 U.S.C. 79a et seq.) 
including its requirements with respect to applications, permits, 
licenses, and fees, unless a future modification of Eklutna or 
Snettisham affects Federal lands not used for the two projects when 
this Act takes effect.
    (2) The exemptions in paragraph (1) are subject to the Memorandum 
of Agreement entered into between the State of Alaska, the Eklutna 
Purchasers, the Authority, and Federal fish and wildlife agencies 
regarding the protection, mitigation of, damages to, and enhancement of 
fish and wildlife, dated August 7, 1991, remaining in full force and 
effect.
    (3) Nothing in this Act or Federal Power Act preempts the State of 
Alaska from carrying out the responsibilities and authorities of the 
Memorandum of Agreement.
    (b)(1) The United States District Court for the District of Alaska 
has jurisdiction to review decisions made under the Memorandum of 
Agreement and enforce the provisions of the Memorandum of Agreement, 
including the remedy of specific performance.
    (2) An action seeking review of a Fish and Wildlife Program of the 
Governor of Alaska under the Memorandum of Agreement or challenging 
actions of any of the parties to the Memorandum of Agreement prior to 
the adoption of the program shall be brought not later than 90 days 
after the date on which the program is adopted by the Governor of 
Alaska, or be barred.
    (3) An action seeking review of implementation of the program shall 
be brought not later than 90 days after the challenged act implementing 
the program, or be barred.
    (c) With respect to Eklutna lands described in Exhibit A of the 
Eklutna Purchase Agreement:
            (1) The Secretary of the Interior shall issue rights-of-way 
        to the Alaska Power Administration for subsequent reassignment 
        to the Eklutna Purchasers--
                    (A) at no cost to Eklutna Purchasers;
                    (B) to remain effective for a period equal to the 
                life of Eklutna as extended by improvements, repairs, 
                renewals, or replacements; and
                    (C) sufficient for operation, maintenance, repair, 
                and replacement of, and access to, Eklutna facilities 
                located on military lands and lands managed by the 
                Bureau of Land Management, including land selected by 
                the State of Alaska.
            (2) If the Eklutna Purchasers subsequently sell or transfer 
        Eklutna to private ownership, the Bureau of Land Management may 
        assess reasonable and customary fees for continued use of the 
        rights-of-way on lands managed by the Bureau of Land Management 
        and military lands in accordance with current law.
            (3) Fee title to lands at Anchorage Substation shall be 
        transferred to Eklutna Purchasers at no additional cost if the 
        Secretary of the Interior determines that pending claims to and 
        selection of those lands are invalid or relinquished.
            (4) With respect only to approximately 853 acres of Eklutna 
        lands identified in paragraph 1. a, b, and c. of Exhibit A of 
        the Eklutna Purchase Agreement, the State of Alaska may select 
        and the Secretary of the Interior shall convey to the State 
        improved lands under the selection entitlements in section 6(a) 
        of the Act of July 7, 1958 (Public Law 85-508; 79 Stat. 339) 
        and the North Anchorage Land Agreement of January 31, 1983. The 
        conveyance is subject to the rights-of-way provided to the 
        Eklutna Purchasers under paragraph (1).
    (d) With respect to the approximately 2,671 acres of Snettisham 
lands identified in paragraphs 1. a. and b. of Exhibit A of the 
Snettisham Purchase Agreement, the State of Alaska may select and the 
Secretary of the Interior shall convey to the State improved lands 
under the selection entitlement in section 6(a) of the Act of July 7, 
1958.
    (e) Not later than 1 year after both of the sales authorized in 
section 2 have occurred, as measured by the transaction dates 
stipulated in the Purchase Agreements and by section 2(f), the 
Secretary of Energy shall--
            (1) complete the business of, and close out, the Alaska 
        Power Administration;
            (2) prepare and submit to Congress a report documenting the 
        sales; and
            (3) return unused balances of funds appropriated for the 
        Alaska Power Administration to the Treasury of the United 
        States.
    (f) The Act of July 31, 1950 (64 Stat. 382) is repealed effective 
on the date, as determined by the Secretary of Energy, when all Eklutna 
assets have been conveyed to the Eklutna Purchasers.
    (g) Section 204 of the Flood Control Act of 1962 (Public Law 87-
874; 76 Stat. 1193) is repealed effective on the date, as determined by 
the Secretary of Energy, when all Snettisham assets have been conveyed 
to the Authority.
    (h) As of the later of the two dates determined in subsections (f) 
and (g), section 302(a) of the Department of Energy Organization Act 
(42 U.S.C. 7152(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking out subparagraph (C); and
                    (B) by redesignating subparagraphs (D), (E), and 
                (F) as subparagraphs (C), (D), and (E) respectively; 
                and
            (2) in paragraph (2), by striking out ``the Bonneville 
        Power Administration, and the Alaska Power Administration'' and 
        inserting in lieu thereof ``and the Bonneville Power 
        Administration''.
    (i) The Act of August 9, 1955 (69 Stat. 618), concerning water 
resources investigations in Alaska, is repealed.
    (j) The sales of Eklutna and Snettisham under this Act are not 
considered a disposal of Federal surplus property under the following 
provisions of law:
            (1) Section 203 of the Federal Property and Administrative 
        Services Act of 1949 (40 U.S.C. 484).
            (2) Section 13 of the Surplus Property Act of 1944 (50 
        U.S.C. App. 1622).