[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1122 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1122

  To authorize and direct the Secretary of Energy to sell the Alaska 
             Power Administration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 1995

 Mr. Young of Alaska introduced the following bill; which was referred 
  to the Committee on Resources and, in addition, to the Committee on 
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 direct the Secretary of Energy to sell the Alaska 
             Power Administration, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                                TITLE I

SEC. 101. SHORT TITLE.

    This Act may be cited as the ``Alaska Power Administration Sale 
Act''.

SEC. 102. SALE OF SNETTISHAM AND EKLUTNA HYDROELECTRIC PROJECTS.

    (a) The Secretary of Energy is authorized and directed to sell the 
Snettisham Hydroelectric Project (referred to in this Act as 
``Snettisham'') to the State of Alaska in accordance with the terms of 
this Act and the February 10, 1989, Snettisham Purchase Agreement, as 
amended, between the Alaska Power Administration of the Department of 
Energy and the Alaska Power Authority.
    (b) The Secretary of Energy is authorized and directed to 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 terms of this Act and the August 
2, 1989, Eklutna Purchase Agreement, as amended, between the Department 
of Energy and the Eklutna Purchasers.
    (c) The heads of other Federal departments and agencies, including 
the Secretary of the Interior, shall assist the Secretary of Energy in 
implementing the sales authorized and directed by this Act.
    (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 may be 
necessary to prepare or acquire Eklutna and Snettisham assets for sale 
and conveyance. Such preparations and acquisitions shall provide 
sufficient title to ensure the beneficial use, enjoyment, and occupancy 
to the purchasers of the asset to be sold.

SEC. 103. EXEMPTION.

    (a)(1) After the sales authorized by this Act occur, Eklutna and 
Snettisham, including future modifications, shall continue to be exempt 
from the requirements of the Federal Power Act (16 U.S.C. 791a et 
seq.).
    (2) The exemption provided by paragraph (1) does not affect the 
Memorandum of Agreement entered into between the State of Alaska, the 
Eklutna Purchasers, the Alaska Energy Authority, and Federal fish and 
wildlife agencies regarding the protection, mitigation of, damages to, 
and enhancement of fish and wildlife, dated August 7, 1991, which 
remains in full force and effect.
    (3) Nothing in this Act or the 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 to 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 
(``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 of 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 the 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 the 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 uses of the 
        right-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 paragraphs 1. a., b., and c. of Exhibit A 
        of the Eklutna Purchaser 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) 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 (Public Law 85-508).
    (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, 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 State of Alaska.
    (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;
            (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 investigation 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 section 203 of the Federal Property and Administration 
Services Act of 1949 (40 U.S.C. 484) and section 13 of the Surplus 
Property Act of 1944 (50 U.S.C. app. 1622).
                                 <all>