Calendar No. 570

103D CONGRESS

2D SESSION S. 2383

[Report No. 103–335]

A BILL

To authorize the sale of the Alaska Power

Administration.

AUGUST 12 (legislative day, AUGUST 11), 1994

Read twice and placed on the calendar
II

Calendar No. 570

103D CONGRESS

2D SESSION S. 2383

[Report No. 103–335]

To authorize the sale of the Alaska Power Administration.

IN THE SENATE OF THE UNITED STATES

AUGUST 12 (legislative day, AUGUST 11), 1994

Mr. JOHNSTON, from the Committee on Energy and Natural Resources, reported the following original bill; which was read twice and placed on the

calendar

A BILL

To authorize the sale of the Alaska Power Administration.

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 Authorization Act’’.

6 SEC. 2. SALE OF SNETTISHAM AND EKLUTNA HYDRO7 ELECTRIC PROJECTS.

8 (a) The Secretary of Energy may sell the Snettisham

9 Hydroelectric Project (referred to in this Act as
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1 ‘‘Snettisham’’) to the State of Alaska Power Authority

2 (now known as Alaska Industrial Development and Export

3 Authority, and referred to in this Act as the ‘‘Authority’’),

4 or its successor, in accordance with the February 10,

5 1989, Snettisham Purchase Agreement between the Alas6 ka Power Administration of the Department of Energy

7 and the Authority.

8 (b) The Secretary of Energy may sell the Eklutna

9 Hydroelectric Project (referred to in this Act as

10 ‘‘Eklutna’’) to the Municipality of Anchorage doing busi11 ness as Municipal Light and Power, the Chugach Electric

12 Association, Inc., and the Matanuska Electric Association,

13 Inc. (referred to in this Act as ‘‘Eklutna Purchasers’’),

14 in accordance with the August 2, 1989, Eklutna Purchase

15 Agreement between the Department of Energy and the

16 Eklutna Purchasers.

17 (c) The heads of other affected Federal departments

18 and agencies, including the Secretary of the Interior, shall

19 assist the Secretary of Energy in implementing the sales

20 authorized by this section.

21 (d) The Secretary of Energy shall deposit sale pro22 ceeds in the Treasury of the United States to the credit

23 of miscellaneous receipts.

24 (e) There are authorized to be appropriated such

25 sums as are necessary to prepare or acquire Eklutna and
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1 Snettisham assets for sale and conveyance. Such prepara2 tion shall provide sufficient title to ensure the beneficial

3 use, enjoyment, and occupancy to the purchasers assets

4 to be sold.

5 (f) The sales authorized in this section shall occur

6 not later than 1 year after the date of enactment of legis7 lation defining ‘‘first use’’ of Snettisham for purposes of

8 section 147(d) of the Internal Revenue Code of 1986, to

9 be considered to occur pursuant to acquisition of the prop10 erty by or behalf of the State of Alaska.

11 SEC. 3. EXEMPTION.

12 (a)(1) After the sales authorized by section 2 occur,

13 Eklutna and Snettisham, including future modifications,

14 shall continue to be exempt from the requirements of the

15 Federal Power Act (15 U.S.C. 79a et seq.) including its

16 requirements with respect to applications, permits, li17 censes, and fees, unless a future modification of Eklutna

18 or Snettisham affects Federal lands not used for the two

19 projects when this Act takes effect.

20 (2) The exemptions in paragraph (1) are subject to

21 the Memorandum of Agreement entered into between the

22 State of Alaska, the Eklutna Purchasers, the Authority,

23 and Federal fish and wildlife agencies regarding the pro24 tection, mitigation of, damages to, and enhancement of
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1 fish and wildlife, dated August 7, 1991, remaining in full

2 force and effect.

3 (3) Nothing in this Act or Federal Power Act pre4 empts the State of Alaska from carrying out the respon5 sibilities and authorities of the Memorandum of Agree6 ment.

7 (b)(1) The United States District Court for the Dis8 trict of Alaska has jurisdiction to review decisions made

9 under the Memorandum of Agreement and enforce the

10 provisions of the Memorandum of Agreement, including

11 the remedy of specific performance.

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

13 Program of the Governor of Alaska under the Memoran14 dum of Agreement or challenging actions of any of the

15 parties to the Memorandum of Agreement prior to the

16 adoption of the program shall be brought not later than

17 90 days after the date on which the program is adopted

18 by the Governor of Alaska, or be barred.

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

20 program shall be brought not later than 90 days after the

21 challenged act implementing the program, or be barred.

22 (c) With respect to Eklutna lands described in Ex23 hibit A of the Eklutna Purchase Agreement:

24 (1) The Secretary of the Interior shall issue

25 rights-of-way to the Alaska Power Administration
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1 for subsequent reassignment to the Eklutna Pur2 chasers—

3 (A) at no cost to Eklutna Purchasers;

4 (B) to remain effective for a period equal

5 to the life of Eklutna as extended by improve6 ments, repairs, renewals, or replacements; and

7 (C) sufficient for operation, maintenance,

8 repair, and replacement of, and access to,

9 Eklutna facilities located on military lands and

10 lands managed by the Bureau of Land Manage11 ment, including land selected by the State of

12 Alaska.

13 (2) If the Eklutna Purchasers subsequently sell

14 or transfer Eklutna to private ownership, the Bu15 reau of Land Management may assess reasonable

16 and customary fees for continued use of the rights17 of-way on lands managed by the Bureau of Land

18 Management and military lands in accordance with

19 current law.

20 (3) Fee title to lands at Anchorage Substation

21 shall be transferred to Eklutna Purchasers at no ad22 ditional cost if the Secretary of the Interior deter23 mines that pending claims to and selection of those

24 lands are invalid or relinquished.
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1 (4) With respect only to approximately 853

2 acres of Eklutna lands identified in paragraph 1. a,

3 b, and c. of Exhibit A of the Eklutna Purchase

4 Agreement, the State of Alaska may select and the

5 Secretary of the Interior shall convey to the State

6 improved lands under the selection entitlements in

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

8 85–508; 79 Stat. 339) and the North Anchorage

9 Land Agreement of January 31, 1983. The convey10 ance is subject to the rights-of-way provided to the

11 Eklutna Purchasers under paragraph (1).

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

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

14 Exhibit A of the Snettisham Purchase Agreement, the

15 State of Alaska may select and the Secretary of the Inte16 rior shall convey to the State improved lands under the

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

18 1958.

19 (e) Not later than 1 year after both of the sales au20 thorized in section 2 have occurred, as measured by the

21 transaction dates stipulated in the Purchase Agreements

22 and by section 2(f), the Secretary of Energy shall—

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

24 Alaska Power Administration;
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1 (2) prepare and submit to Congress a report

2 documenting the sales; and

3 (3) return unused balances of funds appro4 priated for the Alaska Power Administration to the

5 Treasury of the United States.

6 (f) The Act of July 31, 1950 (64 Stat. 382) is re7 pealed effective on the date, as determined by the Sec8 retary of Energy, when all Eklutna assets have been con9 veyed to the Eklutna Purchasers.

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

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

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

13 when all Snettisham assets have been conveyed to the Au14 thority.

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

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

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

18 amended—

19 (1) in paragraph (1)—

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

21 (B) by redesignating subparagraphs (D),

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

23 (E) respectively; and

24 (2) in paragraph (2), by striking out ‘‘the Bon25 neville Power Administration, and the Alaska Power
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1 Administration’’ and inserting in lieu thereof ‘‘and

2 the Bonneville Power Administration’’.

3 (i) The Act of August 9, 1955 (69 Stat. 618), con4 cerning water resources investigations in Alaska, is re5 pealed.

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

7 Act are not considered a disposal of Federal surplus prop8 erty under the following provisions of law:

9 (1) Section 203 of the Federal Property and

10 Administrative Services Act of 1949 (40 U.S.C.

11 484).

12 (2) Section 13 of the Surplus Property Act of

13 1944 (50 U.S.C. App. 1622).