I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 TITLE I

4 SEC. 101. SHORT TITLE.

5 This Act may be cited as the ‘‘Alaska Power Adminis6 tration Sale Act’’.
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1 SEC. 102. SALE OF SNETTISHAM AND EKLUTNA HYDRO2 ELECTRIC PROJECTS.

3 (a) The Secretary of Energy is authorized and di4 rected to sell the Snettisham Hydroelectric Project (re5 ferred to in this Act as ‘‘Snettisham’’) to the State of

6 Alaska in accordance with the terms of this Act and the

7 February 10, 1989, Snettisham Purchase Agreement, as

8 amended, between the Alaska Power Administration of the

9 Department of Energy and the Alaska Power Authority.

10 (b) The Secretary of Energy is authorized and di11 rected to sell the Eklutna Hydroelectric Project (referred

12 to in this Act as ‘‘Eklutna’’) to the Municipality of An13 chorage doing business as Municipal Light and Power, the

14 Chugach Electric Association, Inc., and the Matanuska

15 Electric Association, Inc., (referred to in this Act as

16 ‘‘Eklutna Purchasers’’) in accordance with the terms of

17 this Act and the August 2, 1989, Eklutna Purchase

18 Agreement, as amended, between the Department of En19 ergy and the Eklutna Purchasers.

20 (c) The heads of other Federal departments and

21 agencies, including the Secretary of the Interior, shall as22 sist the Secretary of Energy in implementing the sales au23 thorized and directed by this Act.

24 (d) The Secretary of Energy shall deposit sale pro25 ceeds in the Treasury of the United States to the credit

26 of miscellaneous receipts.
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1 (e) There are authorized to be appropriated such

2 sums as may be necessary to prepare or acquire Eklutna

3 and Snettisham assets for sale and conveyance. Such prep4 arations and acquisitions shall provide sufficient title to

5 ensure the beneficial use, enjoyment, and occupancy to the

6 purchasers of the asset to be sold.

7 SEC. 103. EXEMPTION.

8 (a)(1) After the sales authorized by this Act occur,

9 Eklutna and Snettisham, including future modifications,

10 shall continue to be exempt from the requirements of the

11 Federal Power Act (16 U.S.C. 791a et seq.).

12 (2) The exemption provided by paragraph (1) does

13 not affect the Memorandum of Agreement entered into be14 tween the State of Alaska, the Eklutna Purchasers, the

15 Alaska Energy Authority, and Federal fish and wildlife

16 agencies regarding the protection, mitigation of, damages

17 to, and enhancement of fish and wildlife, dated August

18 7, 1991, which remains in full force and effect.

19 (3) Nothing in this Act or the Federal Power Act pre20 empts the State of Alaska from carrying out the respon21 sibilities and authorities of the Memorandum of Agree22 ment.

23 (b)(1) The United States District Court for the Dis24 trict of Alaska has jurisdiction to review decisions made

25 under the Memorandum of Agreement and to enforce the
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1 provisions of the Memorandum of Agreement, including

2 the remedy of specific performance.

3 (2) An action seeking review of a Fish and Wildlife

4 Program (‘‘Program’’) of the Governor of Alaska under

5 the Memorandum of Agreement or challenging actions of

6 any of the parties to the Memorandum of Agreement prior

7 to the adoption of the Program shall be brought not later

8 than 90 days after the date of which the Program is

9 adopted by the Governor of Alaska, or be barred.

10 (3) An action seeking review of implementation of the

11 Program shall be brought not later than 90 days after the

12 challenged act implementing the program, or be barred.

13 (c) With respect to Eklutna lands described in Ex14 hibit A of the Eklutna Purchase Agreement:

15 (1) The Secretary of the Interior shall issue

16 rights-of-way to the Alaska Power Administration

17 for subsequent reassignment to the Eklutna Pur18 chasers—

19 (A) at no cost to the Eklutna Purchasers;

20 (B) to remain effective for a period equal

21 to the life of Eklutna as extended by improve22 ments, repairs, renewals, or replacements; and

23 (C) sufficient for the operation, mainte24 nance, repair, and replacement of, and access

25 to, Eklutna facilities located on military lands
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1 and lands managed by the Bureau of Land

2 Management, including land selected by the

3 State of Alaska.

4 (2) If the Eklutna Purchasers subsequently sell

5 or transfer Eklutna to private ownership, the Bu6 reau of Land Management may assess reasonable

7 and customary fees for continued uses of the right8 of-way on lands managed by the Bureau of Land

9 Management and military lands in accordance with

10 current law.

11 (3) Fee title to lands at Anchorage Substation

12 shall be transferred to Eklutna Purchasers at no ad13 ditional cost if the Secretary of the Interior deter14 mines that pending claims to, and selection of, those

15 lands are invalid or relinquished.

16 (4) With respect only to approximately 853

17 acres of Eklutna lands identified in paragraphs

18 1. a., b., and c. of Exhibit A of the Eklutna Pur19 chaser Agreement, the State of Alaska may select,

20 and the Secretary of the Interior shall convey, to the

21 State, improved lands under the selection entitle22 ments in section 6(a) of the Act of July 7, 1958

23 (Public Law 85–508) and the North Anchorage

24 Land Agreement of January 31, 1983. The convey-
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1 ance is subject to the rights-of-way provided to the

2 Eklutna Purchasers under paragraph (1).

3 (d) With respect to the approximately 2,671 acres of

4 Snettisham lands identified in paragraphs 1.a. and b. of

5 Exhibit A of the Snettisham Purchase Agreement, the

6 State of Alaska may select, and the Secretary of the Inte7 rior shall convey to the State, improved lands under the

8 selection entitlement in section 6(a) of the Act of July 7,

9 1958 (Public Law 85–508).

10 (e) Not later than 1 year after both of the sales au11 thorized in section 2 have occurred, as measured by the

12 Transaction Dates stipulated in the Purchase Agreements,

13 the Secretary of Energy shall—

14 (1) complete the business of, and close out, the

15 Alaska Power Administration;

16 (2) prepare and submit to Congress a report

17 documenting the sales; and

18 (3) return unused balances of funds appro19 priated for the Alaska Power Administration to the

20 Treasury of the United States.

21 (f) The Act of July 31, 1950 (64 Stat. 382) is re22 pealed effective on the date, as determined by the Sec23 retary of Energy, when all Eklutna assets have been con24 veyed to the Eklutna Purchasers.
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1 (g) Section 204 of the Flood Control Act of 1962

2 (Public Law 87–874; 76 Stat. 1193) is repealed effective

3 on the date, as determined by the Secretary of Energy,

4 when all Snettisham assets have been conveyed to the

5 State of Alaska.

6 (h) As of the later of the two dates determined in

7 subsections (f) and (g), section 302(a) of the Department

8 of Energy Organization Act (42 U.S.C. 7152(a)) is

9 amended—

10 (1) in paragraph (1)—

11 (A) by striking out subparagraph (C); and

12 (B) by redesignating subparagraphs (D),

13 (E), and (F) as subparagraphs (C), (D), and

14 (E) respectively;

15 (2) in paragraph (2), by striking out ‘‘the Bon16 neville Power Administration, and the Alaska Power

17 Administration’’ and inserting in lieu thereof ‘‘and

18 the Bonneville Power Administration’’.

19 (i) The Act of August 9, 1955 (69 Stat. 618), con20 cerning water resources investigation in Alaska, is re21 pealed.

22 (j) The sales of Eklutna and Snettisham under this

23 Act are not considered a disposal of Federal surplus prop24 erty under the following provisions of section 203 of the

25 Federal Property and Administration Services Act of 1949
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1 (40 U.S.C. 484) and section 13 of the Surplus Property

2 Act of 1944 (50 U.S.C. app. 1622).

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