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(ii) the owner of the land or interest has
offered the land or interest for acquisition
under this subsection and consented to the ac-
quisition.
(5) ANNUAL REPORT.—The Commission shall,
through its chairman, annually report in detail to
the Congress, by not later than the first Monday in
December, regarding the operations of the Commis-
sion during the preceding fiscal year.
(6) STATE LAW.—The jurisdiction of any State,
both civil and criminal, over persons upon areas ac-
quired under this subsection shall not be changed or
otherwise affected by reason of the acquisition and
administration of the areas by the United States as
endangered species habitat. Nothing in this sub-
section is intended to interfere with the operation
of the game laws of the States.
(7) ADMINISTRATION OF AREAS ACQUIRED.—
Areas of lands, waters, or interest therein acquired
or reserved pursuant to this subsection shall, unless
otherwise provided by law, be administered by the
Secretary of the Interior under rules and regulations
prescribed by the Secretary to conserve and protect
endangered species in accordance with the Endan-
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gered Species Act of 1973, or to restore or develop
adequate wildlife habitat.
(8) DEFINITIONS.—In this subsection:
(A) The term ‘‘Commission’’ means the
Fish and Wildlife Conservation Commission es-
tablished by this subsection.
(B) The term ‘‘Endowment’’ means the
National Endowment for Fish and Wildlife es-
tablished by this subsection.
(9) CONFORMING AMENDMENT.—Section 7 of
the North American Wetlands Conservation Act of
1989 (16 U.S.C. 4406) is amended by adding at the
end the following:
‘‘(e) FISH AND WILDLIFE COMMISSION FUNDING.—
In addition to the amounts made available under sub-
sections (a), (b), and (c) of this section, the Council may
receive funds from the Fish and Wildlife Commission to
carry out the purposes of this Act. Use of such funds shall
not be subject to the cost allocation requirements of sec-
tion 8 of this Act.’’.
SEC. 9003. ALASKA POWER ADMINISTRATION SALE.
(a) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Eklutna assets’’ means the
Eklutna Hydroelectric Project and related assets as
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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
Agreement between the Alaska Power Administra-
tion of the Department of Energy and the Eklutna
Purchasers, together with any amendments thereto
which were adopted before the enactment of this sec-
tion.
(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 ‘‘Secretary’’ means the Secretary
of Energy except where otherwise specified.
(5) 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.
(6) The term ‘‘Snettisham Purchase Agree-
ment’’ means the February 10, 1989, Snettisham
Purchase Agreement between the Alaska Power Ad-
ministration of the Department of Energy and the
Alaska Power Authority and its successors in inter-
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est, together with any amendments thereto which
were adopted before the enactment of this section.
(b) SALE OF SNETTISHAM AND EKLUNTA ASSETS.—
(1) SNETTISHAM.—The Secretary is authorized
and directed to sell and transfer the Snettisham as-
sets to the State of Alaska in accordance with the
terms of this section and the Snettisham Purchase
Agreement.
(2) EKLUTNA.—The Secretary is authorized
and directed to sell and transfer the Eklutna assets
to the Eklutna Purchasers in accordance with the
terms of this section and the Eklutna Purchase
Agreement.
(3) COOPERATION
OF
OTHER
AGENCIES.—
Other departments, agencies, and instrumentalities
of the United States shall cooperate with the Sec-
retary in implementing the sales and transfers under
this section.
(4) AUTHORIZATION OF APPROPRIATIONS; CON-
TRIBUTED FUNDS.—(A) There are authorized to be
appropriated such sums as may be necessary to pre-
pare, survey, or acquire Snettisham and Eklutna as-
sets for sale and transfer under this section. Such
preparations and acquisitions shall provide sufficient
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title in the assets to ensure beneficial use, enjoy-
ment, and occupancy thereof to the purchasers.
(B) Notwithstanding any other provision of law,
the Alaska Power Administration is authorized to re-
ceive, administer, and expend such contributed funds
as may be provided by the Eklutna Purchasers or
customers or the Snettisham Purchasers or cus-
tomers for the purposes of upgrading, improving,
maintaining, 
or 
administering 
Eklutna 
or
Snettisham. Upon the termination of the Alaska
Power Administration required under subsection (d),
the Secretary of Energy shall administer and expend
any remaining balances of such contributed funds
for the purposes intended by the contributors.
(C) The Secretary is directed to use up to
$5,000,000 from unobligated balances available to
the Department of Energy to fund any sale prepara-
tion costs for the sales under this section, and shall
provide an accounting of all sale preparation costs to
the Committee on Resources of the House of Rep-
resentatives and to the Committee on Energy and
Natural Resources of the Senate within 60 days
after completion of the sale.
(c) GENERAL PROVISIONS.—
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(1) RIGHTS-OF-WAY
AND
OTHER
LANDS
FOR
THE EKLUTNA PROJECT.—With respect to Eklutna
lands described in Exhibit A of the Eklutna Pur-
chase Agreement:
(A) The Secretary of the Interior shall
issue rights-of-way to the Alaska Power Admin-
istration for subsequent reassignment to the
Eklutna Purchasers at no cost to the Eklutna
Purchasers.
(B) Such rights-of-way shall remain effec-
tive for a period equal to the life of the Eklutna
hydroelectric project as extended by improve-
ments, repairs, renewals, or replacements.
(C) Such rights-of-way shall be sufficient
for the operation, maintenance, repair, and re-
placement of, and access to, the facilities of the
Eklutna hydroelectric project located on mili-
tary lands and lands managed by the Bureau of
Land Management, including land selected by,
but not yet conveyed to, the State of Alaska.
(D) If the Eklutna Purchasers subse-
quently sell or transfer the Eklutna hydro-
electric project to private ownership, the Bu-
reau of Land Management may assess reason-
able and customary fees for continued use of
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the rights-of-way on lands managed by the Bu-
reau of Land Management and military lands
in accordance with applicable law.
(E) The Secretary shall transfer fee title to
lands at Anchorage Substation to the Eklutna
Purchasers at no additional cost if the Sec-
retary of the Interior determines that pending
claims to and selections of those lands are in-
valid or relinquished.
(F) With respect only to the Eklutna lands
identified in 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 enti-
tlements in section 6 of the Alaska Statehood
Act (Public Law 85–508; 72 Stat. 339) and the
North Anchorage Land Agreement of January
31, 1983. The conveyance of such lands is sub-
ject to the rights-of-way provided to the
Eklutna Purchasers under subparagraph (A).
(2) LANDS FOR THE SNETTISHAM PROJECT.—
With respect to the Snettisham lands identified in
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
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lands under the selection entitlement in section 6 of
the Alaska Statehood Act (Public Law 85–508; 72
Stat. 339).
(3) EFFECT ON STATE SELECTIONS.—Notwith-
standing the expiration of the right of the State of
Alaska to make selections under section 6 of the
Alaska Statehood Act (Public Law 85–508; 72 Stat.
339), the State of Alaska may select lands author-
ized for selection under this section or any Purchase
Agreement incorporated into or ratified by this sec-
tion. The State shall complete such selections within
one year after the date of the enactment of this sec-
tion. The Secretary of the Interior shall convey lands
selected by the State under this section notwith-
standing the limitation contained in section 6(b) of
the Alaska Statehood Act (Public Law 85–508; 72
Stat. 339) regarding the occupancy, appropriation,
or reservation of selected lands. Nothing in this sub-
section shall be construed to authorize the Secretary
of the Interior to convey to the State of Alaska a
total acreage of selected lands in excess of the total
acreage which could be transferred to the State of
Alaska pursuant to the Alaska Statehood Act (Pub-
lic Law 85–508; 72 Stat. 339), and other applicable
law.
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(4) REPEAL OF ACT OF AUGUST 9, 1955.—The
Act of August 9, 1955 (69 Stat. 618), concerning
water resources investigations in Alaska, is repealed.
(5) TREATMENT OF ASSET SALE.—The sales of
assets under this section shall not be considered a
disposal of Federal surplus property under the Fed-
eral Property and Administrative Services Act of
1949 (40 U.S.C. 484) or the Surplus Property Act
of 1944 (50 U.S.C. App. 1622).
(6) APPLICATION OF CERTAIN LAWS.—(A) The
Act of July 31, 1950 (64 Stat. 382), shall cease to
apply on the date, as determined by the Secretary,
when all Eklutna assets have been conveyed to the
Eklutna Purchasers.
(B) Section 204 of the Flood Control Act of
1962 (Public Law 87–874; 76 Stat. 1193) shall
cease to apply effective on the date, as determined
by the Secretary, when all Snettisham assets have
been conveyed to the State of Alaska.
(d) TERMINATION OF ALASKA POWER ADMINISTRA-
TION.—
(1) 
TERMINATION
OF
ALASKA
POWER
ADMINISTATION.—Not later than one year after both
of the sales authorized in this section have occurred,
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as measured by the Transaction Dates stipulated in
the Purchase Agreements, the Secretary shall—
(A) complete the business of, and close
out, the Alaska Power Administration;
(B) prepare and submit to Congress a re-
port documenting the sales; and
(C) return unobligated balances of funds
appropriated for the Alaska Power Administra-
tion to the Treasury of the United States.
(2) DOE ORGANIZATION ACT.—Section 302(a)
of the Department of Energy Organization Act (42
U.S.C. 7152(a)) is amended as follows:
(A) In paragraph (1)—
(i) by striking out subparagraph (C);
and
(ii) by redesignating subparagraphs
(D), (E), and (F) as subparagraphs (C),
(D), and (E) respectively.
(B) In paragraph (2), by striking out ‘‘the
Bonneville Power Administration, and the Alas-
ka Power Administration’’ and inserting in lieu
thereof ‘‘and the Bonneville Power Administra-
tion’’.
The amendments made by this paragraph shall take
effect on the date on which the Secretary submits
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the report referred to in subparagraph (B) of para-
graph (1).
(e) PROCEEDS.—The proceeds from the sale of
Snettisham and Eklutna assets under this section shall be
credited to miscellaneous receipts in the Treasury.
(f) SECTION
147(d) 
OF
INTERNAL
REVENUE
CODE.—For purposes of section 147(d) of the Internal
Revenue Code of 1986, the ‘‘first use’’ of Snettisham shall
be considered to occur pursuant to acquistion of the prop-
erty by or on behalf of the State of Alaska.
PART 2—HELIUM PRIVATIZATION
SEC. 9011. SHORT TITLE.
This part may be cited as the ‘‘Helium Privatization
Act of 1995’’.
SEC. 9012. AMENDMENT OF HELIUM ACT.
Except as otherwise expressly provided, whenever in
this part an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Helium Act (50 U.S.C.
167 to 167n).
SEC. 9013. AUTHORITY OF SECRETARY.
Sections 3, 4, and 5 are amended to read as follows:
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‘‘SEC. 3. AUTHORITY OF SECRETARY.
‘‘(a) EXTRACTION AND DISPOSAL OF HELIUM ON
FEDERAL LANDS.—(1) The Secretary may enter into
agreements with private parties for the recovery and dis-
posal of helium on Federal lands upon such terms and
conditions as he deems fair, reasonable and necessary. The
Secretary may grant leasehold rights to any such helium.
The Secretary may not enter into any agreement by which
the Secretary sells such helium other than to a private
party with whom the Secretary has an agreement for re-
covery and disposal of helium. Such agreements may be
subject to such rules and regulations as may be prescribed
by the Secretary.
‘‘(2) Any agreement under this subsection shall be
subject to the existing rights of any affected Federal oil
and gas lessee. Each such agreement (and any extension
or renewal thereof) shall contain such terms and condi-
tions as deemed appropriate by the Secretary.
‘‘(3) This subsection shall not in any manner affect
or diminish the rights and obligations of the Secretary and
private parties under agreements to dispose of helium pro-
duced from Federal lands in existence at the enactment
of the Helium Privatization Act of 1995 except to the ex-
tent that such agreements are renewed or extended after
such date.
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reserves owned by the United States and stored in the Bu-
reau of Mines Cliffside Field at such date of cessation,
less 600,000,000 cubic feet, shall be the helium reserves
owned by the United States required to be sold pursuant
to section 8(b) hereof.
‘‘(c) DISPOSAL
OF FACILITIES.—(1) Within two
years after the date on which the Secretary ceases produc-
ing, refining and marketing refined helium and ceases all
other activities relating to helium in accordance with sub-
section (b), the Secretary shall dispose of all facilities,
equipment, and other real and personal property, together
with all interests therein, held by the United States for
the purpose of producing, refining and marketing refined
helium. The disposal of such property shall be in accord-
ance with the provisions of law governing the disposal of
excess or surplus properties of the United States.
‘‘(2) All proceeds accruing to the United States by
reason of the sale or other disposal of such property shall
be treated as moneys received under this chapter for pur-
poses of section 6(f). All costs associated with such sale
and disposal (including costs associated with termination
of personnel) and with the cessation of activities under
subsection (b) shall be paid from amounts available in the
helium production fund established under section 6(f).
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‘‘(3) Paragraph (1) shall not apply to any facilities,
equipment, or other real or personal property, or any in-
terest therein, necessary for the storage and transpor-
tation of crude helium or any equipment needed to main-
tain the purity, quality control, and quality assurance of
helium in the reserve.
‘‘(d) EXISTING CONTRACTS.—All contracts which
were entered into by any person with the Secretary for
the purchase by such person from the Secretary of refined
helium and which are in effect on the date of the enact-
ment of the Helium Privatization Act of 1995 shall remain
in force and effect until the date on which the facilities
referred to in subsection (c) are disposed of. Any costs
associated with the termination of such contracts shall be
paid from the helium production fund established under
section 6(f).
‘‘SEC. 5. FEES FOR STORAGE, TRANSPORTATION AND WITH-
DRAWAL.
‘‘Whenever the Secretary provides helium storage,
withdrawal, or transportation services to any person, the
Secretary is authorized and directed to impose fees on
such person to reimburse the Secretary for the full costs
of providing such storage, transportation, and withdrawal.
All such fees received by the Secretary shall be treated
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as moneys received under this Act for purposes of section
6(f).’’.
SEC. 9014. SALE OF CRUDE HELIUM.
Section 6 is amended as follows:
(1) Subsection (a) is amended by striking out
‘‘from the Secretary’’ and inserting ‘‘from persons
who have entered into enforceable contracts to pur-
chase an equivalent amount of crude helium from
the Secretary’’.
(2) Subsection (b) is amended by inserting
‘‘crude’’ before ‘‘helium’’ and by adding the follow-
ing at the end thereof: ‘‘Except as may be required
by reason of subsection (a), the Secretary shall not
make sales of crude helium under this section in
such amounts as will disrupt the market price of
crude helium.’’.
(3) Subsection (c) is amended by inserting
‘‘crude’’ before ‘‘helium’’ the first place it appears
and by striking ‘‘together with interest as provided
in subsection (d) of this section’’ and all that follows
down through the period at the end of such sub-
section and inserting the following:
‘‘all funds required to be repaid to the United States as
of October 1, 1995, under this section (hereinafter re-
ferred to as ‘repayable amounts’). The price at which
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crude helium is sold by the Secretary shall not be less than
the amount determined by the Secretary as follows:
‘‘(1) Divide the outstanding amount of such re-
payable amounts by the volume (in mcf) of crude he-
lium owned by the United States and stored in the
Bureau of Mines Cliffside Field at the time of the
sale concerned.
‘‘(2) Adjust the amount determined under para-
graph (1) by the Consumer Price Index for years be-
ginning after December 31, 1995.’’.
(4) Subsection (d) is amended to read as fol-
lows:
‘‘(d) EXTRACTION OF HELIUM FROM DEPOSITS ON
FEDERAL LANDS.—All moneys received by the Secretary
from the sale or disposition of helium on Federal lands
shall be paid to the Treasury and credited against the
amounts required to be repaid to the Treasury under sub-
section (c) of this section.’’.
(5) Subsection (e) is repealed.
(6) Subsection (f) is amended by inserting
‘‘(1)’’ after ‘‘(f)’’ and by adding the following at the
end thereof:
‘‘(2) Within 7 days after the commencement of each
fiscal year after the disposal of the facilities referred to
in section 4(c), all amounts in such fund in excess of
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$2,000,000 (or such lesser sum as the Secretary deems
necessary to carry out this Act during such fiscal year)
shall be paid to the Treasury and credited as provided in
paragraph (1). Upon repayment of all amounts referred
to in subsection (c), the fund established under this sec-
tion shall be terminated and all moneys received under this
Act shall be deposited in the Treasury as General Reve-
nues.’’.
SEC. 9015. ELIMINATION OF STOCKPILE.
Section 8 is amended to read as follows:
‘‘SEC. 8. ELIMINATION OF STOCKPILE.
‘‘(a) REVIEW OF RESERVES.—The Secretary shall re-
view annually the known helium reserves in the United
States and make a determination as to the expected life
of the domestic helium reserves (other than Federally
owned helium stored at the Cliffside Reservoir) at that
time.
‘‘(b) STOCKPILE SALES.—Not later than January 1,
2005, the Secretary shall commence offering for sale crude
helium from helium reserves owned by the United States
in such minimum annual amounts as would be necessary
to dispose of all such helium reserves in excess of
600,000,000 cubic feet (mcf) on a straight-line basis be-
tween such date and January 1, 2015: Provided, That the
minimum price for all such sales, as determined by the
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Secretary in consultation with the helium industry, shall
be such as will ensure repayment of the amounts required
to be repaid to the Treasury under section 6(c), and pro-
vided further that the minimum annual sales requirement
may be deferred only if, and to the extent that, the Sec-
retary is unable to arrange sales at the minimum price.
The sales shall be at such times during each year and in
such lots as the Secretary determines, in consultation with
the helium industry, are necessary to carry out this sub-
section with minimum market disruption.
‘‘(c) DISCOVERY OF ADDITIONAL RESERVES.—The
discovery of additional helium reserves shall not affect the
duty of the Secretary to make sales of helium as provided
in subsection (b), as the case may be.’’.
SEC. 9016. REPEAL OF AUTHORITY TO BORROW.
Sections 12 and 15 are repealed.
SEC. 9017. REPORTS.
Section 16 is amended by redesignating existing sec-
tion 16 as section 16(a) and inserting the following at the
end thereof:
‘‘(b)(1) The Inspector General of the Department of
the Interior shall cause to be prepared, not later than
March 31 following each fiscal year commencing with the
date of enactment of the Helium Privatization Act of
1995, annual financial statements for the Helium Oper-