II

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.

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 SECTION 101. SHORT TITLE.

5 This title may be cited as the ‘‘Alaska Power Admin6 istration Sale Act’’.

7 SEC. 102. SALE OF SNETTISHAM AND EKLUTNA HYDRO8 ELECTRIC PROJECTS.

9 (a) The Secretary of Energy is authorized and di10 rected to sell the Snettisham Hydroelectric Project (re-
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1 ferred to in this Act as ‘‘Snettisham’’) to the State of

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

3 February 10, 1989, Snettisham Purchase Agreement, as

4 amended, between the Alaska Power Administration of the

5 Department of Energy and the Alaska Power Authority.

6 (b) The Secretary of Energy is authorized and di7 rected to sell the Eklutna Hydroelectric Project (referred

8 to in this Act as ‘‘Eklutna’’) to the Municipality of An9 chorage doing business as Municipal Light and Power, the

10 Chugach Electric Association, Inc., and the Matanuska

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

12 ‘‘Eklutna Purchasers’’), in accordance with the terms of

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

14 Agreement, as amended, between the Department of En15 ergy and the Eklutna Purchasers.

16 (c) The heads of other Federal departments and

17 agencies, including the Secretary of the Interior, shall as18 sist the Secretary of Energy in implementing the sales au19 thorized and directed by this Act.

20 (d) The Secretary of Energy shall deposit sale pro21 ceeds in the Treasury of the United States to the credit

22 of miscellaneous receipts.

23 (e) There are authorized to be appropriated such

24 sums as may be necessary to prepare or acquire Eklutna

25 and Snettisham assets for sale and conveyance. Such prep-
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1 arations and acquisitions shall provide sufficient title to

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

3 purchasers of the asset to be sold.

4 SEC. 103. EXEMPTION.

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

6 Eklutna and Snettisham, including future modifications,

7 shall continue to be exempt from the requirements of the

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

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

10 not affect the Memorandum of Agreement entered into be11 tween the State of Alaska, the Eklutna Purchasers, the

12 Alaska Energy Authority, and Federal fish and wildlife

13 agencies regarding the protection, mitigation of, damages

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

15 7, 1991, which remains in full force and effect.

16 (3) Nothing in this Act or the Federal Power Act pre17 empts the State of Alaska from carrying out the respon18 sibilities and authorities of the Memorandum of Agree19 ment.

20 (b)(1) The United States District Court for the Dis21 trict of Alaska has jurisdiction to review decisions made

22 under the Memorandum of Agreement and to enforce the

23 provisions of the Memorandum of Agreement, including

24 the remedy of specific performance.
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1 (2) An action seeking review of a Fish and Wildlife

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

3 the Memorandum of Agreement or challenging actions of

4 any of the parties to the Memorandum of Agreement prior

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

6 than ninety days after the date of which the Program is

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

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

9 Program shall be brought not later than ninety days after

10 the challenged act implementing the program, or be

11 barred.

12 (c) With respect to Eklutna lands described in Ex13 hibit A of the Eklutna Purchase Agreement:

14 (1) The Secretary of the Interior shall issue

15 rights-of-way to the Alaska Power Administration

16 for subsequent reassignment to the Eklutna Pur17 chasers—

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

19 (B) to remain effective for a period equal

20 to the life of Eklutna as extended by improve21 ments, repairs, renewals, or replacements; and

22 (C) sufficient for the operation, mainte23 nance, repair, and replacement of, and access

24 to, Eklutna facilities located on military lands

25 and lands managed by the Bureau of Land
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1 Management, including land selected by the

2 State of Alaska.

3 (2) If the Eklutna Purchasers subsequently sell

4 or transfer Eklutna to private ownership, the Bu5 reau of Land Management may assess reasonable

6 and customary fees for continued uses of the rights7 of-way on lands managed by the Bureau of Land

8 Management and military lands in accordance with

9 current law.

10 (3) Fee title to lands at Anchorage Substation

11 shall be transferred to Eklutna Purchasers at no ad12 ditional cost if the Secretary of the Interior deter13 mines that pending claims to, and selection of, those

14 lands are invalid or relinquished.

15 (4) With respect only to approximately eight

16 hundred and fifty-three acres of Eklutna lands iden17 tified in paragraphs 1. a., b., and c. of exhibit A of

18 the Eklutna Purchase Agreement, the State of Alas19 ka may select, and the Secretary of the Interior shall

20 convey, to the State, improved lands under the selec21 tion entitlements in section 6(a) of the Act of July

22 7, 1958 (Public Law 85–508), and the North An23 chorage Land Agreement of January 31, 1983. The

24 conveyance is subject to the rights-of-way provided

25 to the Eklutna Purchasers under paragraph (1).
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1 (d) With respect to the approximately two thousand

2 six hundred and seventy-one acres of Snettisham lands

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

4 Snettisham Purchase Agreement, the State of Alaska may

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

6 the State, improved lands under the selection entitlement

7 in section 6(a) of the Act of July 7, 1958 (Public Law

8 85–508).

9 (e) Not later than one year after both of the sales

10 authorized in section 2 have occurred, as measured by the

11 transaction dates stipulated in the purchase agreements,

12 the Secretary of Energy shall—

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

14 Alaska Power Administration;

15 (2) prepare and submit to Congress a report

16 documenting the sales; and

17 (3) return unused balances of funds appro18 priated for the Alaska Power Administration to the

19 Treasury of the United States.

20 (f) The Act of July 31, 1950 (64 Stat. 382) is re21 pealed effective on the date, as determined by the Sec22 retary of Energy, when all Eklutna assets have been con23 veyed to the Eklutna Purchasers.

24 (g) Section 204 of the Flood Control Act of 1962

25 (Public Law 87–874; 76 Stat. 1193) is repealed effective
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1 on the date, as determined by the Secretary of Energy,

2 when all Snettisham assets have been conveyed to the

3 State of Alaska.

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

5 subsection (f) and (g), section 302(a) of the Department

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

7 amended—

8 (1) in paragraph (1)—

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

10 (B) by redesignating subparagraphs (D),

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

12 (E) respectively;

13 (2) in paragraph (2), by striking out ‘‘the Bon14 neville Power Administration, and the Alaska Power

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

16 the Bonneville Power Administration’’.

17 (i) The Act of August 9, 1955 (69 Stat. 618), con18 cerning water resources investigation in Alaska, is re19 pealed.

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

21 Act are not considered a disposal of Federal surplus prop22 erty under the following provisions of section 203 of the

23 Federal Property and Administration Services Act of 1949

24 (40 U.S.C. 484) and section 13 of the Surplus Property

25 Act of 1944 (50 U.S.C. app. 1622).
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1 TITLE II

2 SEC. 201. SHORT TITLE

3 This title may be cited as ‘‘Trans-Alaska Pipeline

4 Amendment Act of 1995’’.

5 SEC. 202. TAPS ACT AMENDMENTS.

6 Section 203 of the Act entitled the ‘‘Trans-Alaska

7 Pipeline Authorization Act,’’ as amended (43 U.S.C.

8 1652), is amended by inserting the following new sub9 section (f):

10 ‘‘(f) EXPORTS OF ALASKAN NORTH SLOPE OIL.—

11 ‘‘(1) Subject to paragraphs (2) and (3), not12 withstanding any other provision of law (including

13 any regulation), any oil transported by pipeline over

14 a right-of-way granted pursuant to this section may

15 be exported.

16 ‘‘(2) Except in the case of oil exported to a

17 country pursuant to a bilateral international oil sup18 ply agreement entered into by the United States

19 with the country before June 25, 1979, or to a coun20 try pursuant to the International Emergency Oil

21 Sharing Plan of the International Energy Agency,

22 the oil shall be transported by a vessel documented

23 under the laws of the United States and owned by

24 a citizen of the United States (as determined in ac-
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1 cordance with section 2 of the Shipping Act, 1916

2 (46 U.S.C. App. 802)).

3 ‘‘(3) Nothing in this subsection shall restrict

4 the authority of the President under the Constitu5 tion, the International Emergency Economic Powers

6 Act (50 U.S.C. 1701 et seq.), or the National Emer7 gencies Act (50 U.S.C. 1601 et seq.) to prohibit ex8 portation of the oil.’’.

9 SEC. 203. SECURITY OF SUPPLY.

10 Section 410 of the Trans-Alaska Pipeline Authoriza11 tion Act (87 Stat. 594) is amended to read as follows:

12 ‘‘The Congress reaffirms that the crude oil on the North

13 Slope of Alaska is an important part of the Nation’s oil

14 resources, and that the benefits of such crude oil should

15 be equitably shared, directly or indirectly, by all regions

16 of the country. The President shall use any authority he

17 may have to ensure an equitable allocation of available

18 North Slope and other crude oil resources and petroleum

19 products among all regions and all of the several States.’’.

20 SEC. 204. ANNUAL REPORT.

21 Section 103(f) of the Energy Policy and Conservation

22 Act (42 U.S.C. 6212(f)) is amended by adding at the end

23 thereof the following: ‘‘In the first quarter report for each

24 new calendar year, the President shall indicate whether

25 independent refiners in Petroleum Administration District
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1 5 have been unable to secure adequate supplies of crude

2 oil as a result of exports of Alaskan North Slope crude

3 oil in the prior calendar year and shall make such rec4 ommendations to the Congress as may be appropriate.’’.

5 SEC. 205. GAO REPORT.

6 The Comptroller General of the United States shall

7 conduct a review of energy production in California and

8 Alaska and the effects of Alaskan North Slope crude oil

9 exports, if any, on consumers, independent refiners, and

10 shipbuilding and ship repair yards on the West Coast. The

11 Comptroller General shall commence this review four years

12 after the date of enactment of this Act and, within one

13 year after commencing the review, shall provide a report

14 to the Committee on Energy and Natural Resources in

15 the Senate and the Committee on Resources in the House

16 of Representatives. The report shall contain a statement

17 of the principal findings of the review and such rec18 ommendations for consideration by the Congress as may

19 be appropriate.

20 SEC. 206. EFFECTIVE DATE.

21 This Act and the amendments made by it shall take

22 effect on the date of enactment.

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