[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 395 Reported in Senate (RS)]

                                                       Calendar No. 101

104th CONGRESS

  1st Session

                                 S. 395

                          [Report No. 104-78]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

               April 27 (legislative day, April 24), 1995

         Reported with amendments and an amendment to the title
                                                       Calendar No. 101
104th CONGRESS
  1st Session
                                 S. 395

                          [Report No. 104-78]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 13 (legislative day, January 30), 1995

 Mr. Murkowski (for himself, Mr. Stevens, Mrs. Feinstein, and Mr. Kyl) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

               April 27 (legislative day, April 24), 1995

  Reported by Mr. Murkowski, with amendments and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

                       <DELETED>TITLE I</DELETED>

<DELETED>SECTION 101. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Alaska Power 
Administration Sale Act''.</DELETED>

<DELETED>SEC. 102. SALE OF SNETTISHAM AND EKLUTNA HYDROELECTRIC 
              PROJECTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) The Secretary of Energy shall deposit sale proceeds in 
the Treasury of the United States to the credit of miscellaneous 
receipts.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 103. EXEMPTION.</DELETED>

<DELETED>    (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.).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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 ninety days after the date of which the Program 
is adopted by the Governor of Alaska, or be barred.</DELETED>
<DELETED>    (3) An action seeking review of implementation of the 
Program shall be brought not later than ninety days after the 
challenged act implementing the program, or be barred.</DELETED>
<DELETED>    (c) With respect to Eklutna lands described in Exhibit A 
of the Eklutna Purchase Agreement:</DELETED>
        <DELETED>    (1) The Secretary of the Interior shall issue 
        rights-of-way to the Alaska Power Administration for subsequent 
        reassignment to the Eklutna Purchasers--</DELETED>
                <DELETED>    (A) at no cost to the Eklutna 
                Purchasers;</DELETED>
                <DELETED>    (B) to remain effective for a period equal 
                to the life of Eklutna as extended by improvements, 
                repairs, renewals, or replacements; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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 rights-of-way on lands managed by the 
        Bureau of Land Management and military lands in accordance with 
        current law.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) With respect only to approximately eight 
        hundred and fifty-three acres of Eklutna lands identified in 
        paragraphs 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), 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).</DELETED>
<DELETED>    (d) With respect to the approximately two thousand six 
hundred and seventy-one 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).</DELETED>
<DELETED>    (e) Not later than one 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--</DELETED>
        <DELETED>    (1) complete the business of, and close out, the 
        Alaska Power Administration;</DELETED>
        <DELETED>    (2) prepare and submit to Congress a report 
        documenting the sales; and</DELETED>
        <DELETED>    (3) return unused balances of funds appropriated 
        for the Alaska Power Administration to the Treasury of the 
        United States.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (h) As of the later of the two dates determined in 
subsection (f) and (g), section 302(a) of the Department of Energy 
Organization Act (42 U.S.C. 7152 (a)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) by striking out subparagraph (C); 
                and</DELETED>
                <DELETED>    (B) by redesignating subparagraphs (D), 
                (E) and (F) as subparagraphs (C), (D), and (E) 
                respectively;</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (i) The Act of August 9, 1955 (69 Stat. 618), concerning 
water resources investigation in Alaska, is repealed.</DELETED>
<DELETED>    (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).</DELETED>

                                TITLE I

SECTION 101. SHORT TITLE.

    This title may be cited as the ``Alaska Power Administration Asset 
Sale and Termination 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 United States 
Department of Energy and the Alaska Power Authority and the Authority 
successors.
    (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 Alaska 
Power Administration of the United States 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) Proceeds from the sales required by this title shall be 
deposited 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, survey and 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 by the purchaser.

SEC. 103. EXEMPTION AND OTHER PROVISIONS.

    (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.) 
as amended.
    (2) The exemption provided by paragraph (1) does not affect the 
Memorandum of Agreement entered into among 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 title 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 
shall have 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 ninety 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 ninety 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 of, maintenance 
                of, repair to, and replacement of, and access to, 
                Eklutna facilities located on military lands and lands 
                managed by the Bureau of Land Management, including 
lands 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 existing 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 selections of, those lands are invalid or relinquished.
            (4) With respect to the Eklutna lands identified in 
        paragraph 1 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 of the Act of July 7, 1958 (commonly 
        referred to as the Alaska Statehood Act, Public Law 85-508, 72 
        Stat. 339, as amended), and the North Anchorage Land Agreement 
        dated January 31, 1983. This conveyance shall be subject to the 
        rights-of-way provided to the Eklutna Purchasers under 
        paragraph (1).
    (d) With respect to the Snettisham lands identified in paragraph 1 
of Exhibit A of the Snettisham Purchase Agreement and Public Land Order 
No. 5108, the State of Alaska may select, and the Secretary of the 
Interior shall convey to the State of Alaska, improved lands under the 
selection entitlements in section 6 of the Act of July 7, 1958 
(commonly referred to as the Alaska Statehood Act, Public Law 85-508, 
72 Stat. 339, as amended).
    (e) Not later than one year after both of the sales authorized in 
section 102 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) submit to Congress a report documenting the sales; and
            (3) return unobligated 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, that all Eklutna 
assets have been conveyed to the Eklutna Purchasers.
    (g) Section 204 of the Flood Control Act of 1962 (76 Stat. 1193) is 
repealed effective on the date, as determined by the Secretary of 
Energy, that all Snettisham assets have been conveyed to the State of 
Alaska.
    (h) As of the later of the two dates determined in subsection (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 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 ``and the Alaska Power 
        Administration'' and by inserting ``and'' after ``Southwestern 
        Power Administration,''.
    (i) The Act of August 9, 1955, concerning water resources 
investigation in Alaska (69 Stat. 618), is repealed.
    (j) The sales of Eklutna and Snettisham under this title are not 
considered disposal of Federal surplus property under the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 484) or the 
Act of October 3, 1994, popularly referred to as the ``Surplus Property 
Act of 1944'' (50 U.S.C. App. 1622).

                                TITLE II

SEC. 201. SHORT TITLE

    This title may be cited as ``Trans-Alaska Pipeline Amendment Act of 
1995''.

SEC. 202. TAPS ACT AMENDMENTS.

    Section 203 of the Act entitled the ``Trans-Alaska Pipeline 
Authorization Act,'' as amended (43 U.S.C. 1652), is amended by 
inserting the following new subsection (f):
    ``(f) Exports of Alaskan North Slope Oil.--
            ``(1) Subject to paragraphs (2) and (3), notwithstanding 
        any other provision of law (including any regulation), any oil 
        transported by pipeline over a right-of-way granted pursuant to 
        this section may be exported.
            ``(2) Except in the case of oil exported to a country 
        pursuant to a bilateral international oil supply 
agreement entered into by the United States with the country before 
June 25, 1979, or to a country pursuant to the International Emergency 
Oil Sharing Plan of the International Energy Agency, the oil shall be 
transported by a vessel documented under the laws of the United States 
and owned by a citizen of the United States (as determined in 
accordance with section 2 of the Shipping Act, 1916 (46 U.S.C. App. 
802)).
            ``(3) Nothing in this subsection shall restrict the 
        authority of the President under the Constitution, the 
        International Emergency Economic Powers Act (50 U.S.C. 1701 et 
        seq.), or the National Emergencies Act (50 U.S.C. 1601 et seq.) 
        to prohibit exportation of the oil.''.

SEC. 203. SECURITY OF SUPPLY.

    Section 410 of the Trans-Alaska Pipeline Authorization Act (87 
Stat. 594) is amended to read as follows: ``The Congress reaffirms that 
the crude oil on the North Slope of Alaska is an important part of the 
Nation's oil resources, and that the benefits of such crude oil should 
be equitably shared, directly or indirectly, by all regions of the 
country. The President shall use any authority he may have to ensure an 
equitable allocation of available North Slope and other crude oil 
resources and petroleum products among all regions and all of the 
several States.''.

SEC. 204. ANNUAL REPORT.

    Section 103(f) of the Energy Policy and Conservation Act (42 U.S.C. 
6212(f)) is amended by adding at the end thereof the following: ``In 
the first quarter report for each new calendar year, the President 
shall indicate whether independent refiners in Petroleum Administration 
District 5 have been unable to secure adequate supplies of crude oil as 
a result of exports of Alaskan North Slope crude oil in the prior 
calendar year and shall make such recommendations to the Congress as 
may be appropriate.''.

SEC. 205. GAO REPORT.

    The Comptroller General of the United States shall conduct a review 
of energy production in California and Alaska and the effects of 
Alaskan North Slope crude oil exports, if any, on consumers, 
independent refiners, and shipbuilding and ship repair yards on the 
West Coast. The Comptroller General shall commence this review four 
years after the date of enactment of this Act and, within one year 
after commencing the review, shall provide a report to the Committee on 
Energy and Natural Resources in the Senate and the Committee on 
Resources in the House of Representatives. The report shall contain a 
statement of the principal findings of the review and such 
recommendations for consideration by the Congress as may be 
appropriate.

SEC. 206. EFFECTIVE DATE.

    This <DELETED>Act </DELETED>title and the amendments made by it 
shall take effect on the date of enactment.
            Amend the title so as to read: ``To authorize and direct 
        the Secretary of Energy to sell the Alaska Power 
        Administration, and to authorize the export of Alaska North 
        Slope crude oil, and for other purposes.''.