[Congressional Record Volume 141, Number 81 (Tuesday, May 16, 1995)]
[Senate]
[Pages S6753-S6754]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


    THE ALASKA POWER ADMINISTRATION SALE ACT TRANS-ALASKA PIPELINE 
                         AMENDMENT ACT OF 1995

                                 ______


                  MURKOWSKI AMENDMENTS NOS. 1080-1082

  Mr. MURKOWSKI proposed three amendments to the bill (S. 395) to 
authorize and direct the Secretary of Energy to sell the Alaska Power 
Administration, and for other purposes; as follows:

                           Amendment No. 1080

       Strike title I and insert in lieu thereof a new title I:

                               ``TITLE I

     ``SEC. 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's 
     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 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 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, 1944, popularly 
     referred to as the ``Surplus Property Act of 1944'' (50 
     U.S.C. App. 1622).
       ``(k) The sales authorized in this title 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 on 
     behalf of the State of Alaska.''.
                                                                    ____


                           Amendment No. 1081

       Strike the text of title II and insert the following text:

                               ``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) through (6), of this 
     subsection and notwithstanding any other provision of law 
     (including any regulation), any oil transported by pipeline 
     over right-of-way granted pursuant to this section may be 
     exported
      after October 31, 1995 unless the President finds that 
     exportation of this oil is not in the national interest. 
     In evaluating whether the proposed exportation is in the 
     national interest, the President--
       ``(A) shall determine whether the proposed exportation 
     would diminish the total quantity or quality of petroleum 
     available to the United States; and
       ``(B) shall conduct and complete an appropriate 
     environmental review of the proposed exportation, including 
     consideration of appropriate measures to mitigate any 
     potential adverse effect on the environment, within four 
     months after the date of enactment of this subsection.

     ``The President shall make his national interest 
     determination within five months 
     [[Page S6754]] after the date of enactment of this subsection 
     or 30 days after completion of the environmental review, 
     whichever is earlier. The President may make his 
     determination subject to such terms and conditions (other 
     than a volume limitation) as are necessary or appropriate to 
     ensure that the exportation is consistent with the national 
     interest.
       ``(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, any oil transported by pipeline over right-of-way 
     granted pursuant to this section, shall, when exported, 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.''.
       ``(4) The Secretary of Commerce shall issue any rules 
     necessary for implementation of the President's national 
     interest determination within 30 days of the date of such 
     determination by the President. The Secretary of Commerce 
     shall consult with the Secretary of Energy in administering 
     the provisions of this subsection.
       ``(5) If the Secretary of Commerce finds that 
     anticompetitive activity by a person exporting crude oil 
     under authority of this subsection has caused sustained 
     material crude oil supply shortages or sustained crude oil 
     prices significantly above world market levels and further 
     finds that these supply shortages or price increases have 
     caused sustained material adverse employment
      effects in the United States, the Secretary of Commerce may 
     recommend to the President appropriate action against such 
     person, which may include modification of the 
     authorization to export crude oil.
       ``(6) Administrative action with respect to an 
     authorization under this subsection is not subject to 
     sections 551 and 553 through 559 of title 5, United States 
     Code.

     ``SEC. 203. 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 for Defense District V 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. 204. 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. 205. EFFECTIVE DATE.

       ``This title and the amendments made by it shall take 
     effect on the date of enactment.''.
                                                                    ____


                           Amendment No. 1082

                               ``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) through (6), of this 
     subsection and notwithstanding any other provision of law 
     (including any regulation), any oil transported by pipeline 
     over right-of-way granted pursuant to this section may be 
     exported
      after October 31, 1995 unless the President finds that 
     exportation of this oil is not in the national interest. 
     In evaluating whether the proposed exportation is in the 
     national interest, the President--
       ``(A) shall determine whether the proposed exportation 
     would diminish the total quantity or quality of petroleum 
     available to the United States; and
       ``(B) shall conduct and complete an appropriate 
     environmental review of the proposed exportation, including 
     consideration of appropriate measures to mitigate any 
     potential adverse effect on the environment, within six 
     months after the date of enactment of this subsection.

     The President shall make his national interest determination 
     within five months after the date of enactment of this 
     subsection or 30 days after completion of the environmental 
     review, whichever is earlier. The President may make his 
     determination subject to such terms and conditions (other 
     than a volume limitation) as are necessary or appropriate to 
     ensure that the exportation is consistent with the national 
     interest.
       ``(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, any oil transported by pipeline over right-of-way 
     granted pursuant to this section, shall, when exported, 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.''.
       ``(4) The Secretary of Commerce shall issue any rules 
     necessary for implementation of the President's national 
     interest determination within 30 days of the date of such 
     determination by the President. The Secretary of Commerce 
     shall consult with the Secretary of Energy in administering 
     the provisions of this subsection.
       ``(5) If the Secretary of Commerce finds that 
     anticompetitive activity by a person exporting crude oil 
     under authority of this subsection has caused sustained 
     material crude oil supply shortages or sustained crude oil 
     prices significantly above world market levels and further 
     finds that these supply shortages or price increases have 
     caused sustained material adverse employment
      effects in the United States, the Secretary of Commerce may 
     recommend to the President appropriate action against such 
     person, which may include modification of the 
     authorization to export crude oil.
       ``(6) Administrative action with respect to an 
     authorization under this subsection is not subject to 
     sections 551 and 553 through 559 of title 5, United States 
     Code.

     ``SEC. 203. 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 for Defense District V 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. 204. 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, ad 
     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. 205. EFFECTIVE DATE.

       ``This title and the amendments made by it shall take 
     effect on the date of enactment.''.
     

                          ____________________