Alaska Power Administration Sale Act

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Eklutna assets'' means the Eklutna 
        Hydroelectric Project and related assets as described in 
        section 4 and Exhibit A of the Eklutna Purchase Agreement.
            (2) The term ``Eklutna Purchase Agreement'' means the 
        August 2, 1989, Eklutna Purchase Agreement between the 
        Department of Energy and the Eklutna Purchasers, together with 
        any amendments thereto which were adopted before the enactment 
        of this Act.
            (3) The term ``Eklutna Purchasers'' means the Municipality 
        of Anchorage doing business as Municipal Light and Power, the 
        Chugach Electric Association, Inc. and the Matanuska Electric 
        Association, Inc.
            (4) The term ``Memorandum of Agreement'' means the 
        Memorandum of Agreement entered into between the State of 
        Alaska, the Eklutna Purchasers, the Alaska Energy Authority, 
        and the Federal fish and wildlife agencies regarding the 
        protection, mitigation of damages to, and enhancement of fish 
        and wildlife, dated August 7, 1991.
            (5) The term ``Secretary'' means the Secretary of Energy 
        except where otherwise specified.
            (6) The term ``Snettishan assets'' means the Snettisham 
        Hydroelectric Project and related assets as described in 
        section 4 and Exhibit A of the Snettisham Purchase Agreement.
            (7) The term ``Snettisham Purchase Agreement'' means the 
        February 10, 1989, Snettisham Purchase Agreement between the 
        Alaska Power Administration of the Department of Energy and the 
        Alaska Power Authority and its successors in interest, together 
        with any amendments thereto which were adopted before the 
        enactment of this Act.

SEC. 3. SALE OF SNETTISHAM AND EKLUTNA ASSETS.

    (a) Snettisham.--The Secretary is authorized and directed to sell 
and transfer the Snettisham assets to the State of Alaska in accordance 
with the terms of this Act and the Snettisham Purchase Agreement.
    (b) Eklutna.--The Secretary is authorized and directed to sell and 
transfer the Eklutna assets to the Eklutna Purchasers in accordance 
with the terms of this Act and the Eklutna Purchase Agreement.
    (c) Cooperation of Other Agencies.--Other departments, agencies, 
and instrumentalities of the United States shall cooperate with the 
Secretary in implementing the sales and transfers under this Act.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to prepare, survey, or 
acquire Snettisham and Eklutna assets for sale and transfer under this 
Act. Such preparations and acquisitions shall provide sufficient title 
in the assets to ensure beneficial use, enjoyment, and occupancy 
thereof to the purchasers.

SEC. 4. EXEMPTION.

    Following completion of the sales authorized by this Act, the 
Eklutna and Snettisham hydroelectric projects, including future 
modifications, shall continue to be exempt from the requirements of the 
Federal Power Act (16 U.S.C. 791a et seq.). The exemption provided by 
this section shall not affect the Memorandum of Agreement, and nothing 
in this Act or in the Federal Power Act shall preclude the State of 
Alaska from carrying out the responsibilities and authorities of the 
Memorandum of Agreement.

SEC. 5. GENERAL PROVISIONS.

    (a) Judicial Review.--(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) Any action seeking review of the 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 such Program shall be brought 90 days after the date on 
which such Program is adopted by the Governor of Alaska or be barred.
    (3) Any action seeking review of implementation of such Fish and 
Wildlife Program shall be brought not later than 90 days after the 
challenged act implementing such Program or be barred.
    (b) Rights-of-Way and Other Lands for the Eklutna Project.--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 at no cost to the Eklutna Purchasers.
            (2) Such rights-of-way shall remain effective for a period 
        equal to the life of the Eklutna hydroelectric project as 
        extended by improvements, repairs, renewals, or replacements.
            (3) Such rights-of-way shall be sufficient for the 
        operation, maintenance, repair, and replacement of, and access 
        to, the facilities of the Eklutna hydroelectric project located 
        on military lands and lands managed by the Bureau of Land 
        Management, including land selected by, but not yet conveyed 
        to, the State of Alaska.
            (4) If the Eklutna Purchasers subsequently sell or transfer 
        the Eklutna hydroelectric project 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 applicable law.
            (5) The Secretary shall transfer fee title to lands at 
        Anchorage Substation to the 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.
            (6) With respect only to the 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 of the Act 
        of July 7, 1958 (Public Law 85-508) and the North Anchorage 
        Land Agreement of January 31, 1983. The conveyance of such 
        lands is subject to the rights-of-way provided to the Eklutna 
        Purchasers under paragraph (1).
    (c) Lands for the Snettisham Project.--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 of the Act of July 7, 1958 (Public Law 85-508).
    (d) Effect on State Selections.--Notwithstanding the expiration of 
the right of the State of Alaska to make selections under section 6 of 
the Alaska Statehood Act (Public Law 85-508; 72 Stat. 339), the State 
of Alaska may select lands authorized for selection under this Act or 
any Purchase Agreement incorporated into or ratified by this Act. The 
State shall complete such selections within one year after the date of 
the enactment of this Act. The Secretary of the Interior shall convey 
lands selected by the State under this Act notwithstanding the 
limitation contained in section 6(b) of the Alaska Statehood Act 
(Public Law 85-508; 72 Stat. 339) regarding the occupancy, 
appropriation, or reservation of selected lands. Nothing in this 
subsection or in subsection (b)(6) or (c) of this section shall be 
construed to authorize the Secretary of the Interior to convey to the 
State of Alaska a total acreage of selected lands in excess of the 
total acreage which could be transferred to the State of Alaska 
pursuant to the Act of July 7, 1958 (Public Law 85-508) and other 
applicable law.
    (e) Repeal of Act of August 9, 1955.--The Act of August 9, 1955 (69 
Stat. 618), concerning water resources investigations in Alaska, is 
repealed.
    (f) Treatment of Asset Sale.--The sales of assets under this Act 
shall not be considered a disposal of Federal surplus property under 
the provisions of section 203 of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 484) or section 13 of 
the Surplus Property Act of 1944 (50 U.S.C. App. 1622).
    (g) Application of Certain Laws.--(1) The Act of July 31, 1950 (64 
Stat. 382) shall cease to apply on the date, as determined by the 
Secretary, when all Eklutna assets have been conveyed to the Eklutna 
Purchasers.
    (2) Section 204 of the Flood Control Act of 1962 (Public Law 87-
874; 76 Stat. 1193) shall cease to apply effective on the date, as 
determined by the Secretary, when all Snettisham assets have been 
conveyed to the State of Alaska.

SEC. 6. TERMINATION OF ALASKA POWER ADMINISTRATION.

    (a) Termination of Alaska Power Administration.--Not later than one 
year after both of the sales authorized in this Act have occurred, as 
measured by the Transaction Dates stipulated in the Purchase 
Agreements, the Secretary 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 unobligated balances of funds appropriated for 
        the Alaska Power Administration to the Treasury of the United 
        States.
    (b) DOE Organization Act.--Section 302(a) of the Department of 
Energy Organization Act (42 U.S.C. 7152(a)) is amended as follows:
            (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''.
The amendments made by this subsection shall take effect on the date on 
which the Secretary submits the report referred to in paragraph (2) of 
subsection (a).
            Amend the title to read as follows: ``To authorize the 
        Secretary of Energy to sell the Snettisham and Eklutna 
        hydroelectric projects administered by the Alaska Power 
        Administration, and for other purposes.''.
                                     

                                                 

Summary: Alaska Power Administration Sale Act - Directs the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska. And (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage doing business as Municipal Light and Power, the Chugach Electric Association, Inc. and the Matanuska Electric Association, Inc. Authorizes appropriations. Declares that both Projects shall continue to be exempt from Federal Power Act requirements . Grants jurisdiction to the US District Court for the District of Alaska to review and enforce such Memorandum, including the remedy of specific performance. Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers. And (2) convey to the State of Alaska improved lands under a certain statutory selection entitlement. Grants the State of Alaska one year within which to select lands authorized under this Act or any Purchase Agreement incorporated or ratified by it, notwithstanding expiration of such right under specified law. Sets a deadline by which the Secretary of Energy must: (1) complete the business of and close out the Alaska Power Administration (APA), (2) submit a report to the Congress documenting such sale. And (3) return unobligated balances of funds appropriated for the (APA) to the Treasury. States that termination of the APA shall take effect upon submission of such report.