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Union Calendar No. 183

104TH CONGRESS

1ST SESSION H. R. 1122

[Report No. 104–187, Part I]

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

JULY 13, 1995

Reported from the Committee on Resources with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

JULY 13, 1995

Referred to the Committee on Commerce for a period ending not later than

October 16, 1995, for consideration of such provisions of the bill and

amendment as fall within the jurisdiction of that committee pursuant to

clause 1(e), rule X

OCTOBER 16, 1995

Referral to the Committee on Commerce extended for a period ending not

later than November 24, 1995

NOVEMBER 24, 1995

Committee on Commerce discharged; committed to the Committee of the

Whole House on the State of the Union and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on March 3, 1995]
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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 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Alaska Power Adminis5 tration Sale Act’’.

6 SEC. 2. DEFINITIONS.

7 For purposes of this Act:

8 (1) The term ‘‘Eklutna assets’’ means the

9 Eklutna Hydroelectric Project and related assets as

10 described in section 4 and Exhibit A of the Eklutna

11 Purchase Agreement.

12 (2) The term ‘‘Eklutna Purchase Agreement’’

13 means the August 2, 1989, Eklutna Purchase Agree14 ment between the Department of Energy and the

15 Eklutna Purchasers, together with any amendments

16 thereto which were adopted before the enactment of

17 this Act.

18 (3) The term ‘‘Eklutna Purchasers’’ means the

19 Municipality of Anchorage doing business as Munici20 pal Light and Power, the Chugach Electric Associa21 tion, Inc. and the Matanuska Electric Association,

22 Inc.
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1 (4) The term ‘‘Memorandum of Agreement’’

2 means the Memorandum of Agreement entered into

3 between the State of Alaska, the Eklutna Purchasers,

4 the Alaska Energy Authority, and the Federal fish

5 and wildlife agencies regarding the protection, miti6 gation of damages to, and enhancement of fish and

7 wildlife, dated August 7, 1991.

8 (5) The term ‘‘Secretary’’ means the Secretary of

9 Energy except where otherwise specified.

10 (6) The term ‘‘Snettishan assets’’ means the

11 Snettisham Hydroelectric Project and related assets

12 as described in section 4 and Exhibit A of the

13 Snettisham Purchase Agreement.

14 (7) The term ‘‘Snettisham Purchase Agreement’’

15 means the February 10, 1989, Snettisham Purchase

16 Agreement between the Alaska Power Administration

17 of the Department of Energy and the Alaska Power

18 Authority and its successors in interest, together with

19 any amendments thereto which were adopted before

20 the enactment of this Act.

21 SEC. 3. SALE OF SNETTISHAM AND EKLUTNA ASSETS.

22 (a) SNETTISHAM.—The Secretary is authorized and

23 directed to sell and transfer the Snettisham assets to the

24 State of Alaska in accordance with the terms of this Act

25 and the Snettisham Purchase Agreement.
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1 (b) EKLUTNA.—The Secretary is authorized and di2 rected to sell and transfer the Eklutna assets to the Eklutna

3 Purchasers in accordance with the terms of this Act and

4 the Eklutna Purchase Agreement.

5 (c) COOPERATION OF OTHER AGENCIES.—Other de6 partments, agencies, and instrumentalities of the United

7 States shall cooperate with the Secretary in implementing

8 the sales and transfers under this Act.

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

10 authorized to be appropriated such sums as may be nec11 essary to prepare, survey, or acquire Snettisham and

12 Eklutna assets for sale and transfer under this Act. Such

13 preparations and acquisitions shall provide sufficient title

14 in the assets to ensure beneficial use, enjoyment, and occu15 pancy thereof to the purchasers.

16 SEC. 4. EXEMPTION.

17 Following completion of the sales authorized by this

18 Act, the Eklutna and Snettisham hydroelectric projects, in19 cluding future modifications, shall continue to be exempt

20 from the requirements of the Federal Power Act (16 U.S.C.

21 791a et seq.). The exemption provided by this section shall

22 not affect the Memorandum of Agreement, and nothing in

23 this Act or in the Federal Power Act shall preclude the State

24 of Alaska from carrying out the responsibilities and au25 thorities of the Memorandum of Agreement.
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1 SEC. 5. GENERAL PROVISIONS.

2 (a) JUDICIAL REVIEW.—(1) The United States Dis3 trict Court for the District of Alaska shall have jurisdiction

4 to review decisions made under the Memorandum of Agree5 ment and to enforce the provisions of the Memorandum of

6 Agreement, including the remedy of specific performance.

7 (2) Any action seeking review of the Fish and Wildlife

8 Program of the Governor of Alaska under the Memorandum

9 of Agreement or challenging actions of any of the parties

10 to the Memorandum of Agreement prior to the adoption of

11 such Program shall be brought 90 days after the date on

12 which such Program is adopted by the Governor of Alaska

13 or be barred.

14 (3) Any action seeking review of implementation of

15 such Fish and Wildlife Program shall be brought not later

16 than 90 days after the challenged act implementing such

17 Program or be barred.

18 (b) RIGHTS-OF-WAY AND OTHER LANDS FOR THE

19 EKLUTNA PROJECT.—With respect to Eklutna lands de20 scribed in Exhibit A of the Eklutna Purchase Agreement:

21 (1) The Secretary of the Interior shall issue

22 rights-of-way to the Alaska Power Administration for

23 subsequent reassignment to the Eklutna Purchasers at

24 no cost to the Eklutna Purchasers.

25 (2) Such rights-of-way shall remain effective for

26 a period equal to the life of the Eklutna hydroelectric
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1 project as extended by improvements, repairs, renew2 als, or replacements.

3 (3) Such rights-of-way shall be sufficient for the

4 operation, maintenance, repair, and replacement of,

5 and access to, the facilities of the Eklutna hydro6 electric project located on military lands and lands

7 managed by the Bureau of Land Management, in8 cluding land selected by, but not yet conveyed to, the

9 State of Alaska.

10 (4) If the Eklutna Purchasers subsequently sell

11 or transfer the Eklutna hydroelectric project to pri12 vate ownership, the Bureau of Land Management

13 may assess reasonable and customary fees for contin14 ued use of the rights-of-way on lands managed by the

15 Bureau of Land Management and military lands in

16 accordance with applicable law.

17 (5) The Secretary shall transfer fee title to lands

18 at Anchorage Substation to the Eklutna Purchasers at

19 no additional cost if the Secretary of the Interior de20 termines that pending claims to and selections of

21 those lands are invalid or relinquished.

22 (6) With respect only to the Eklutna lands iden23 tified in paragraphs 1. a., b., and c. of Exhibit A of

24 the Eklutna Purchase Agreement, the State of Alaska

25 may select, and the Secretary of the Interior shall
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1 convey, to the State, improved lands under the selec2 tion entitlements in section 6 of the Act of July 7,

3 1958 (Public Law 85–508) and the North Anchorage

4 Land Agreement of January 31, 1983. The convey5 ance of such lands is subject to the rights-of-way pro6 vided to the Eklutna Purchasers under paragraph (1).

7 (c) LANDS FOR THE SNETTISHAM PROJECT.—With re8 spect to the approximately 2,671 acres of Snettisham lands

9 identified in paragraphs 1.a. and b. of Exhibit A of the

10 Snettisham Purchase Agreement, the State of Alaska may

11 select, and the Secretary of the Interior shall convey to the

12 State, improved lands under the selection entitlement in

13 section 6 of the Act of July 7, 1958 (Public Law 85–508).

14 (d) EFFECT ON STATE SELECTIONS.—Notwithstand15 ing the expiration of the right of the State of Alaska to make

16 selections under section 6 of the Alaska Statehood Act (Pub17 lic Law 85–508; 72 Stat. 339), the State of Alaska may

18 select lands authorized for selection under this Act or any

19 Purchase Agreement incorporated into or ratified by this

20 Act. The State shall complete such selections within one

21 year after the date of the enactment of this Act. The Sec22 retary of the Interior shall convey lands selected by the

23 State under this Act notwithstanding the limitation con24 tained in section 6(b) of the Alaska Statehood Act (Public

25 Law 85–508; 72 Stat. 339) regarding the occupancy, appro-
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1 priation, or reservation of selected lands. Nothing in this

2 subsection or in subsection (b)(6) or (c) of this section shall

3 be construed to authorize the Secretary of the Interior to

4 convey to the State of Alaska a total acreage of selected

5 lands in excess of the total acreage which could be trans6 ferred to the State of Alaska pursuant to the Act of July

7 7, 1958 (Public Law 85–508) and other applicable law.

8 (e) REPEAL OF ACT OF AUGUST 9, 1955.—The Act of

9 August 9, 1955 (69 Stat. 618), concerning water resources

10 investigations in Alaska, is repealed.

11 (f) TREATMENT OF ASSET SALE.—The sales of assets

12 under this Act shall not be considered a disposal of Federal

13 surplus property under the provisions of section 203 of the

14 Federal Property and Administrative Services Act of 1949

15 (40 U.S.C. 484) or section 13 of the Surplus Property Act

16 of 1944 (50 U.S.C. App. 1622).

17 (g) APPLICATION OF CERTAIN LAWS.—(1) The Act of

18 July 31, 1950 (64 Stat. 382) shall cease to apply on the

19 date, as determined by the Secretary, when all Eklutna as20 sets have been conveyed to the Eklutna Purchasers.

21 (2) Section 204 of the Flood Control Act of 1962 (Pub22 lic Law 87–874; 76 Stat. 1193) shall cease to apply effective

23 on the date, as determined by the Secretary, when all

24 Snettisham assets have been conveyed to the State of Alaska.
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1 SEC. 6. TERMINATION OF ALASKA POWER ADMINISTRA2 TION.

3 (a) TERMINATION OF ALASKA POWER ADMINISTRA4 TION.—Not later than one year after both of the sales au5 thorized in this Act have occurred, as measured by the

6 Transaction Dates stipulated in the Purchase Agreements,

7 the Secretary shall—

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

9 Alaska Power Administration;

10 (2) prepare and submit to Congress a report doc11 umenting the sales; and

12 (3) return unobligated balances of funds appro13 priated for the Alaska Power Administration to the

14 Treasury of the United States.

15 (b) DOE ORGANIZATION ACT.—Section 302(a) of the

16 Department of Energy Organization Act (42 U.S.C.

17 7152(a)) is amended as follows:

18 (1) In paragraph (1)—

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

20 (B) by redesignating subparagraphs (D),

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

22 respectively.

23 (2) In paragraph (2), by striking out ‘‘the Bon24 neville Power Administration, and the Alaska Power

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

26 the Bonneville Power Administration’’.
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1 The amendments made by this subsection shall take effect

2 on the date on which the Secretary submits the report re3 ferred 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.’’.

Union Calendar No. 183

104TH CONGRESS

1ST SESSION H. R. 1122

[Report No. 104–187, Part I]

A BILL

To authorize and direct the Secretary of Energy to

other purposes.sell the Alaska Power Administration, and for

NOVEMBER 24, 1995

Committee on Commerce discharged; committed to the

Union and ordered to be printed.Committee of the Whole House on the State of the