IB
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 Com-
merce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion 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]
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Alaska Power Adminis-
tration Sale Act’’.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Eklutna assets’’ means the
Eklutna Hydroelectric Project and related assets as
described in section 4 and Exhibit A of the Eklutna
Purchase Agreement.
(2) The term ‘‘Eklutna Purchase Agreement’’
means the August 2, 1989, Eklutna Purchase Agree-
ment between the Department of Energy and the
Eklutna Purchasers, together with any amendments
thereto which were adopted before the enactment of
this Act.
(3) The term ‘‘Eklutna Purchasers’’ means the
Municipality of Anchorage doing business as Munici-
pal Light and Power, the Chugach Electric Associa-
tion, Inc. and the Matanuska Electric Association,
Inc.
(4) The term ‘‘Memorandum of Agreement’’
means the Memorandum of Agreement entered into
between the State of Alaska, the Eklutna Purchasers,
the Alaska Energy Authority, and the Federal fish
and wildlife agencies regarding the protection, miti-
gation of damages to, and enhancement of fish and
wildlife, dated August 7, 1991.
(5) The term ‘‘Secretary’’ means the Secretary of
Energy except where otherwise specified.
(6) The term ‘‘Snettishan assets’’ means the
Snettisham Hydroelectric Project and related assets
as described in section 4 and Exhibit A of the
Snettisham Purchase Agreement.
(7) The term ‘‘Snettisham Purchase Agreement’’
means the February 10, 1989, Snettisham Purchase
Agreement between the Alaska Power Administration
of the Department of Energy and the Alaska Power
Authority and its successors in interest, together with
any amendments thereto which were adopted before
the enactment of this Act.
SEC. 3. SALE OF SNETTISHAM AND EKLUTNA ASSETS.
(a) SNETTISHAM.—The Secretary is authorized and
directed to sell and transfer the Snettisham assets to the
State of Alaska in accordance with the terms of this Act
and the Snettisham Purchase Agreement.
(b) EKLUTNA.—The Secretary is authorized and di-
rected to sell and transfer the Eklutna assets to the Eklutna
Purchasers in accordance with the terms of this Act and
the Eklutna Purchase Agreement.
(c) COOPERATION OF OTHER AGENCIES.—Other de-
partments, agencies, and instrumentalities of the United
States shall cooperate with the Secretary in implementing
the sales and transfers under this Act.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary to prepare, survey, or acquire Snettisham and
Eklutna assets for sale and transfer under this Act. Such
preparations and acquisitions shall provide sufficient title
in the assets to ensure beneficial use, enjoyment, and occu-
pancy thereof to the purchasers.
SEC. 4. EXEMPTION.
Following completion of the sales authorized by this
Act, the Eklutna and Snettisham hydroelectric projects, in-
cluding future modifications, shall continue to be exempt
from the requirements of the Federal Power Act (16 U.S.C.
791a et seq.). The exemption provided by this section shall
not affect the Memorandum of Agreement, and nothing in
this Act or in the Federal Power Act shall preclude the State
of Alaska from carrying out the responsibilities and au-
thorities of the Memorandum of Agreement.
SEC. 6. TERMINATION OF ALASKA POWER ADMINISTRA-
TION.
(a) TERMINATION OF ALASKA POWER ADMINISTRA-
TION.—Not later than one year after both of the sales au-
thorized in this Act have occurred, as measured by the
Transaction Dates stipulated in the Purchase Agreements,
the Secretary shall—
(1) complete the business of, and close out, the
Alaska Power Administration;
(2) prepare and submit to Congress a report doc-
umenting the sales; and
(3) return unobligated balances of funds appro-
priated for the Alaska Power Administration to the
Treasury of the United States.
(b) DOE ORGANIZATION ACT.—Section 302(a) of the
Department of Energy Organization Act (42 U.S.C.
7152(a)) is amended as follows:
(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 Bon-
neville Power Administration, and the Alaska Power
Administration’’ and inserting in lieu thereof ‘‘and
the Bonneville Power Administration’’.
The amendments made by this subsection shall take effect
on the date on which the Secretary submits the report re-
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
sell the Alaska Power Administration, and for
other purposes.
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.