May 16, 1995 CONGRESSIONAL RECORD — SENATE S6753

On page 65, line 10, strike ‘‘or (e)’’ and insert ‘‘(e) or (f).’’

THE ALASKA POWER ADMINISTRATION SALE ACT TRANS-ALASKA

fPIPELINE AMENDMENT ACT OF

1995

MURKOWSKI AMENDMENTS NOS.

1080–1082

Mr. MURKOWSKI proposed three

amendments to the bill (S. 395) to authorize and direct the Secretary of Energy to sell the Alaska Power Administration, and for other purposes; as follows:

AMENDMENT NO. 1080

Strike title I and insert in lieu thereof a

new title I:

‘‘TITLE I

‘‘SEC. 101. SHORT TITLE.

‘‘This title may be cited as the ‘‘Alaska

Power Administration Asset Sale and Termination 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 United States

Department of Energy and the Alaska Power

Authority and the Authority’s successors.

‘‘(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 Alaska Power Administration of

the United States 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) Proceeds from the sales required by

this title shall be deposited 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, survey, and 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 by the purchaser.

‘‘SEC. 103. EXEMPTION AND OTHER PROVISIONS.

‘‘(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.) as

amended.

‘‘(2) The exemption provided by paragraph

(1) does not affect the Memorandum of

Agreement entered into among 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 title 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 shall have 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 on 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 of, maintenance of, repair to, and replacement of,

and access to, Eklutna facilities located on

military lands and lands managed by the Bureau of Land Management, including lands

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 use of the rights-of-way on

lands managed by the Bureau of Land Management and military lands in accordance

with existing 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 selections of, those lands are

invalid or relinquished.

‘‘(4) With respect to the Eklutna lands

identified in paragraph 1 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 of the Act of July 7, 1958 (commonly referred to as the Alaska Statehood

Act, Public Law 85–508, 72 Stat. 339, as

amended), and the North Anchorage Land

Agreement dated January 31, 1983. This conveyance shall be subject to the rights-of-way

provided to the Eklutna Purchasers under

paragraph (1).

‘‘(d) With respect to the Snettisham lands

identified in paragraph 1 of Exhibit A of the

Snettisham Purchase Agreement and Public

Land Order No. 5108, the State of Alaska may

select, and the Secretary of the Interior

shall convey to the State of Alaska, improved lands under the selection entitlements in section 6 of the Act of July 7, 1958

(commonly referred to as the Alaska Statehood Act, Public Law 85–508, 72 Stat. 339, as

amended).

‘‘(e) Not later than one year after both of

the sales authorized in section 102 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) submit to Congress a report documenting the sales; and

‘‘(3) return unobligated 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, that all Eklutna

assets have been conveyed to the Eklutna

Purchasers.

‘‘(g) Section 204 of the Flood Control Act of

1962 (76 Stat. 1193) is repealed effective on the

date, as determined by the Secretary of Energy, that 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 subparagraph (C); and

‘‘(B) by redesignating subparagraphs (D),

(E), and

‘‘(F) as subparagraphs (C), (D), and (E) respectively; and

‘‘(2) in paragraph (2) by striking out ‘‘and

the Alaska Power Administration’’ and by

inserting ‘‘and’’ after ‘‘Southwestern Power

Administration,’’.

‘‘(i) The Act of August 9, 1955, concerning

water resources investigation in Alaska (69

Stat. 618), is repealed.

‘‘(j) The sales of Eklutna and Snettisham

under this title are not considered disposal

of Federal surplus property under the Federal Property and Administrative Services

Act of 1949 (40 U.S.C. 484) or the Act of October 3, 1944, popularly referred to as the ‘‘Surplus Property Act of 1944’’ (50 U.S.C. App.

1622).

‘‘(k) The sales authorized in this title shall

occur not later than 1 year after the date of

enactment of legislation defining ‘first use’

of Snettisham for purposes of section 147(d)

of the Internal Revenue Code of 1986, to be

considered to occur pursuant to acquisition

of the property by or on behalf of the State

of Alaska.’’.

AMENDMENT NO. 1081

Strike the text of title II and insert the

following text:

‘‘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 ‘TransAlaska 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) through (6),

of this subsection and notwithstanding any

other provision of law (including any regulation), any oil transported by pipeline over

right-of-way granted pursuant to this section may be exported after October 31, 1995

unless the President finds that exportation

of this oil is not in the national interest. In

evaluating whether the proposed exportation

is in the national interest, the President—

‘‘(A) shall determine whether the proposed

exportation would diminish the total quantity or quality of petroleum available to the

United States; and

‘‘(B) shall conduct and complete an appropriate environmental review of the proposed

exportation, including consideration of appropriate measures to mitigate any potential

adverse effect on the environment, within

four months after the date of enactment of

this subsection.

‘‘The President shall make his national interest determination within five months
S6754 CONGRESSIONAL RECORD — SENATE May 16, 1995

after the date of enactment of this subsection or 30 days after completion of the environmental review, whichever is earlier.

The President may make his determination

subject to such terms and conditions (other

than a volume limitation) as are necessary

or appropriate to ensure that the exportation is consistent with the national interest.

‘‘(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, any oil

transported by pipeline over right-of-way

granted pursuant to this section, shall, when

exported, 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.’’.

‘‘(4) The Secretary of Commerce shall issue

any rules necessary for implementation of

the President’s national interest determination within 30 days of the date of such determination by the President. The Secretary of

Commerce shall consult with the Secretary

of Energy in administering the provisions of

this subsection.

‘‘(5) If the Secretary of Commerce finds

that anticompetitive activity by a person exporting crude oil under authority of this subsection has caused sustained material crude

oil supply shortages or sustained crude oil

prices significantly above world market levels and further finds that these supply shortages or price increases have caused sustained

material adverse employment effects in the

United States, the Secretary of Commerce

may recommend to the President appropriate action against such person, which

may include modification of the authorization to export crude oil.

‘‘(6) Administrative action with respect to

an authorization under this subsection is not

subject to sections 551 and 553 through 559 of

title 5, United States Code.

‘‘SEC. 203. 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 for Defense District V 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. 204. 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. 205. EFFECTIVE DATE.

‘‘This title and the amendments made by it

shall take effect on the date of enactment.’’.

AMENDMENT NO. 1082

‘‘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 ‘TransAlaska 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) through (6),

of this subsection and notwithstanding any

other provision of law (including any regulation), any oil transported by pipeline over

right-of-way granted pursuant to this section may be exported after October 31, 1995

unless the President finds that exportation

of this oil is not in the national interest. In

evaluating whether the proposed exportation

is in the national interest, the President—

‘‘(A) shall determine whether the proposed

exportation would diminish the total quantity or quality of petroleum available to the

United States; and

‘‘(B) shall conduct and complete an appropriate environmental review of the proposed

exportation, including consideration of appropriate measures to mitigate any potential

adverse effect on the environment, within six

months after the date of enactment of this

subsection.

The President shall make his national interest determination within five months after

the date of enactment of this subsection or

30 days after completion of the environmental review, whichever is earlier. The

President may make his determination subject to such terms and conditions (other

than a volume limitation) as are necessary

or appropriate to ensure that the exportation is consistent with the national interest.

‘‘(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, any oil

transported by pipeline over right-of-way

granted pursuant to this section, shall, when

exported, 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.’’.

‘‘(4) The Secretary of Commerce shall issue

any rules necessary for implementation of

the President’s national interest determination within 30 days of the date of such determination by the President. The Secretary of

Commerce shall consult with the Secretary

of Energy in administering the provisions of

this subsection.

‘‘(5) If the Secretary of Commerce finds

that anticompetitive activity by a person exporting crude oil under authority of this subsection has caused sustained material crude

oil supply shortages or sustained crude oil

prices significantly above world market levels and further finds that these supply shortages or price increases have caused sustained

material adverse employment effects in the

United States, the Secretary of Commerce

may recommend to the President appropriate action against such person, which

may include modification of the authorization to export crude oil.

‘‘(6) Administrative action with respect to

an authorization under this subsection is not

subject to sections 551 and 553 through 559 of

title 5, United States Code.

‘‘SEC. 203. 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 for Defense District V 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. 204. 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, ad 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. 205. EFFECTIVE DATE.

‘‘This title and the amendments made by it

shall take effect on the date of enactment.’’.

THE SOLID WASTE DISPOSAL ACT

fOF 1995

KEMPTHORNE AMENDMENT NO.

1083

Mr. CHAFEE (for Mr. KEMPTHORNE)

proposed an amendment to the bill (S.

534) to amend the Solid Waste Disposal

Act to provide authority for States to

limit the interstate transportation of

municipal solid waste, and for other

purposes; as follows:

On page 35, line 5, after the word, ‘‘agreements’’, insert the words, ‘‘or permits authorizing receipt of out-of-State municipal

solid waste’’.

On page 45, lines 15 and 16, after the word,

‘‘tax’’, strike the words, ‘‘assessed against or

voluntarily’’; on lines 16 and 17, after the

word, ‘‘subdivision’’, insert the following: ‘‘,

or to the extent that the amount of the surcharge is offset by voluntarily agreed payments to a State or its political subdivision’’.

THE ALASKA POWER ADMINISTRATION SALE ACT TRANS-ALASKA

fPIPELINE AMENDMENT ACT OF

1995

MURRAY AMENDMENTS NOS. 1084–

1091

(Ordered to lie on the table.)