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

104th CONGRESS
  1st Session
                                 S. 395

  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 and Mr. Stevens) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 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,

                                TITLE I

SECTION 101. SHORT TITLE.

    This title may be cited as the ``Alaska Power Administration Sale 
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 Department of 
Energy and the Alaska Power Authority.
    (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.
    (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) The Secretary of Energy shall deposit sale proceeds 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 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.

SEC. 103. EXEMPTION.

    (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.).
    (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.
    (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.
    (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.
    (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, 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.
            (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.
            (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.
            (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).
    (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).
    (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--
            (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 unused 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, when all Eklutna 
assets have been conveyed to the Eklutna Purchasers.
    (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.
    (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 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''.
    (i) The Act of August 9, 1955 (69 Stat. 618), concerning water 
resources investigation in Alaska, is repealed.
    (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).

                                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 Act and the amendments made by it shall take effect on the 
date of enactment.
                                 <all>
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